Renewable Fuels Standard (RFS2) (Renewal)

Forms and Documents

Document Name	Status
Form 5900 Quarterly RIN Reports Form	New
Form 5900-282 Annual Compliance Reports for Obligated Party Form	New
Form 5900-278 Quarterly Reports of Biofuels Party Form	New
2nd FR.pdf Supplementary Document	2014-07-19
1st FR.pdf Supplementary Document	2014-07-19
2333ss.03.docx Supporting Statement A	2014-07-19

IC Document Collections

IC ID	Document Title	Status
207975	Quarterly RIN Reports Form	New
207974	Annual Compliance Reports for Obligated Party Form	New
207973	Quarterly Reports of Biofuels Party Form	New
207972	Biofuels Feedstock Producers	New
192012	Biofuel Feedstock Producers	Removed
192011	Additional Items of Reporting for Foreign RIN Owners	Removed
192010	Additional Items of Reporting for Small Foreign and Foreign Refiners	Removed
192009	Any Party Who Owns/Intends to Own RINS (including blenders, brokers, marketers, etc.)	Removed
192008	"Obligated Parties" (Including Refiners and Exporters or Renewable Fuels)	Removed
192007	Importers	Removed
189283	Producers of Renewable Fuel	Removed

ICR Details

OMB Control No: 2060-0640	ICR Reference No: 201307-2060-011
Status: Historical Active	Previous ICR Reference No: 201001-2060-007
Agency/Subagency: EPA/OAR	Agency Tracking No: 2333.03
Title: Renewable Fuels Standard (RFS2) (Renewal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/20/2014
	Date Received in OIRA: 07/30/2013
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. The agency is reminded that it should have in place an internal planning process so such that the submission of non-emergency extension requests are made sufficiently prior to expiration dates to allow for a 60-day period of OMB review. In addition, the agency should ensure that all form revisions have been completed prior to submitting for OMB review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2017	36 Months From Approved	10/31/2014
Responses	2,707,031	0	4,525,626
Time Burden (Hours)	608,220	0	1,421,133
Cost Burden (Dollars)	0	0	0

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Abstract: The Energy Policy Act (EPAct) of 2005 amended the Clean Air Act, section 211(o), and required the initial RFS program, referred to in this supporting statement as "RFS1". The RFS1 program started in 2006 and was covered by EPA ICR No. 2242.02, OMB Control Number 2060-0600. Please refer to "Regulation of Fuels and Fuel Additives: Renewable Fuel Standard Program - Notice of Proposed Rulemaking" and "Regulation of Fuels and Fuel Additives: Renewable Fuel Standard Program - Final Rule" (both available in docket number EPA-HQ-OAR-2005-0161) for a detailed discussion of the RFS1 program. The Energy Independence and Security Act (EISA) of 2007 further amended the Clean Air Act, section 211(o), and required EPA to propose new regulations for renewable fuels. The current RFS program is referred to in this supporting statement as "RFS2." Under RFS2, the volume requirement and types of renewable fuels are expanded; non-road uses are included (RFS1 only affected motor vehicle fuel); there are additional types of waivers and special provisions for renewable fuel types; and EPA has implemented an EPA-Moderating Transaction System (EMTS) for RINs. Additional parties are required to register, keep records, and report. Please refer to the Final Rule (available in docket number EPA-HQ-OAR-2005-0161) for a detailed discussion of the RFS2 program. For compliance purposes, under both RFS1 and RFS2, volumes of renewable fuel are identified through the use of renewable identification numbers (RINs) that are initially generated by the producer of the renewable fuel. However, under RFS2, there are additional types of RINs and the volume of RINs traded is greater.

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Authorizing Statute(s): US Code: 42 USC 7414 and 7542 Name of Law: Clean Air Act Sections 114 and 208
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 11870	02/20/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 45924	07/30/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Biofuels Feedstock Producers
Quarterly Reports of Biofuels Party	5900-280, 5900-290, 5900-293, 5900-292, 5900-283, 5900-289, 5900-278, 5900-285	RFS2 Production Outlook Report ,   RFS2 Production Outlook Report ,   RFS2 Renewable Biomass Report ,   RFS2 Renewable Biomass Report ,   RFS2 Renewable Fuel Producer Co-Products Report ,   RFS2 Renewable Fuel Producer Co-Products ,   RFS2 RIN Generation Report ,   RFS2 Renewable Fuel Producer Supplemental Report
Annual Compliance Reports for Obligated Party	5900-282, 5900-296, 5900-291	RFS2 2010 Annual Compliance Report ,   RFS2 2011 Annual Compliance Report ,   RFS2 Obligated Party Annual Compliance Report
Quarterly RIN Reports	5900, 5900-281, 5900-276, 5900-275, 5900-284, 5900-295, 5900-294, 5900-287, 5900-288, 5900-286, 5900-279	RFS2 RIN Transaction Report ,   RFS2 EPA Cellulosic Biofuel Waiver Credit Form ,   RFS2 EMTS Transaction Error Report ,   RIN Transaction Report ,   RFS Activity Report ,   RFS1 RIN Transaction Report ,   RFS2 2010 Activity Report ,   RFS2 Activity Report (Q2 2012 onward) ,   RFS2 2011 Activity Report ,   RFS2 Q4 2011 Activity Report ,   RFS2 Q1 2012 Activity Report (Q1 2012 only)
Biofuel Feedstock Producers
Importers
Additional Items of Reporting for Small Foreign and Foreign Refiners
Any Party Who Owns/Intends to Own RINS (including blenders, brokers, marketers, etc.)
Additional Items of Reporting for Foreign RIN Owners
"Obligated Parties" (Including Refiners and Exporters or Renewable Fuels)
Producers of Renewable Fuel

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,707,031	4,525,626	0	-1,818,595	0	0
Annual Time Burden (Hours)	608,220	1,421,133	0	-812,913	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: At the onset of the RFS2 program, EMTS for RINs were not a feature of RFS1. For the new EMTS system, all parties who owned RINs were required to re-submit their application, disclose feedstock sources, prepare quarterly reports on RIN activity and submit annual compliance reports (obligated party only). Re-submittal provisions are no longer required which will cause a decrease in total responses for this ICR. EMTS users will not be burdened to submit more reports in this information collection, unlike the previous. The total responses for industry dropped from 4,525,625 to 2,092,731 a difference of 2,432,894, now that the final rule is no longer requiring re-submissions or quarterly reports for certain party members. To date, biofuels producers and importers are required to submit quarterly reports along with their third party disclosure on feedstock producers to EPA. All users of the EMTS system are required to submit quarterly RIN reports. The number of respondents or users of the EMTS system has more than doubled from 1,059,326 to 2,092,731 an increase of 1,639,992, caused by the additional response burden for mapping foreign and domestic plantation/forest land owners and foreign biofuels feedstock producers which was not reflected in the previous ICR reporting period. With an increase of respondents, total burden hours have decreased from 1,421,133 to 608,220 hours, decreasing the cost to the industry from $108,341,989 to $69,337,137, a reduction of $39,004,852. The reduction in the total cost for this renewal is due to the fact that the EMTS system's automation structure helps users to prepare reports instantly, lessening the amount of time and cost needed to respond, even with more than a million added users. This notable factor decreased both the industry burden hours and the total cost of this information collection request if renewed.

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Annual Cost to Federal Government: $971,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/30/2013

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