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FINAL SUPPORTING STATEMENT – PART A 

RECORDKEEPINGAND REPORTING RELATED TO E15

Docket EPA-HQ-OAR-2015-0202

A. JUSTIFICATION

1. Identification of the Information Collection

a. Title: Recordkeeping and Reporting Related to E15,

EPA ICR No. 2408.03. OMB 2060-0675

b. Short characterization:

In two recent actions under the Clean Air Act (CAA), EPA granted partial 

waivers that allow gasoline containing greater than 10 volume percent (vol%) ethanol up 

to 15 vol% ethanol (E15) to be introduced into commerce for use in model year (MY) 

2001 and newer light-duty motor vehicles, subject to certain conditions. EPA has issued 

final rule1establishing several measures to mitigate misfueling of other vehicles, engines 

and equipment with E15 and the potential emissions consequences of misfueling. The 

rule prohibits the use of gasoline containing more than 10 vol% ethanol in vehicles, 

engines and equipment that are not covered by the partial waiver decisions. The final 

rule also requires all E15 gasoline fuel dispensers to have a specific label when a retail 

stations or wholesale-purchaser consumer chooses to sell E15. In addition, the rule 

requires that product transfer documents (PTDs) specifying ethanol content and Reid 

Vapor Pressure (RVP) accompany the transfer of gasoline blended with ethanol, and a 

survey of retail stations to ensure compliance with these requirements. The rule also

modifies the Reformulated Gasoline (RFG) program by updating the Complex Model to 

allow fuel manufacturers to certify batches of gasoline containing up to 15 vol% ethanol. 

This ICR supporting statement will addresses recordkeeping and reporting related to E15. 

EPA finalized four measures to help mitigate misfueling. The recordkeeping and 

reporting measures in this ICR are related to the four measures, which are: 

1. A regulatory prohibition on misfueling. With adoption of the misfueling 

prohibition, gasoline and ethanol producers, distributors, retailers and consumers have a 

legal obligation not to make, distribute, sell or use gasoline containing more than 10 vol% 

ethanol for (or in) vehicles, engines and equipment not covered by the partial waiver 

decisions.

 

 

1

“Regulation To Mitigate the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten 

Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs – FINAL 

RULE.” A copy of the rule is available in this docket, EPA-HQ-OAR-2010-0448.
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2. A pump labeling requirement. To provide consumers with information at the 

pump to avoid misfueling, the regulation requires an E15 pump label that reflects many 

commenters’ suggestions and our consultation with consumer labeling experts at the 

Federal Trade Commission (FTC).2 Before EPA issued its partial waiver decisions, FTC 

had proposed labels for gasoline-ethanol blends containing more than 10 vol% ethanol to 

address issues within its jurisdiction. Commenters on our proposed E15 label urged us to 

work with FTC to develop a coordinated labeling program to avoid multiple, potentially

conflicting labels. Commenters also recommended that we seek advice from labeling 

experts. In developing the final labeling requirements, we consulted with FTC consumer 

labeling experts and other staff about effective label design and potential coordination 

with FTC labels. Since EPA is dictating the content and appearance of the label, there is 

no “information collection” except in the narrow circumstance where an individual seeks 

an alternative label, which must be submitted to EPA for approval. We expect very few 

(if any) requests for alternative labels. However, as described below, we have provided 

an estimate for this item.

EPA’s final E15 label incorporates public and FTC staff suggestions for more 

simply and effectively communicating the information consumers need to avoid 

misfueling with E15. The label also adopted FTC’s color scheme for alternative fuel 

labels and other aspects of the design of FTC’s gasoline-ethanol blend labels, such as 

size, shape, and font, so that the two agencies’ labels could work together as a 

coordinated labeling scheme for gasoline-ethanol blends containing more than 10 vol% 

ethanol. We believe that the final E15 label provides consumers with the key information 

they need about the appropriate use of E15. 

The required label in the regulation appears as follows:

 

2 The FTC has experience designing labels to help consumers make informed decisions at the point-of-sale. 

See, e.g., 16 CFR Part 305 (EnergyGuide and Light Bulb labels); 16 CFR Parts 306 and 309 (Automotive 

Fuel labels); and 16 CFR Part 423 (Clothing Care labels).
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3. A product transfer document (PTD) requirement. The final rule included PTD 

requirements that have been revised and refined in response to public comments to better 

accomplish their purpose. The fine rule required that PTDs provide pertinent 

information, and provided a good deal of flexibility in how that information is conveyed 

to help ensure that fuel producers, distributors and retailers have the information they 

need to properly blend, track and label E15. PTDs are commonly used in the course of 

business and, once programmed, are generally produced via a quick, automated process. 

4. A survey requirement. For surveys of whether E15 is being properly blended 

and labeled, the final rule provided options that allow the businesses involved to match 

the geographic scope of an ongoing survey to their business plans and to share the cost of 

surveys among themselves as they see fit. The final rule required that surveys collect 

RVP information for fuel samples labeled as E15 to help ensure implementation of the 

waiver condition that E15 be limited to 9.0 psi RVP in the summertime. In the aggregate, 

these measures will provide strong incentives for fuel providers to properly blend and 

label E15 and for consumers to avoid misfueling. As discussed below, we believe that 

most parties will choose to use the existing survey association (i.e. we expect one 

respondent and certainly fewer than nine respondents). However, we have provided an 

option for doing an individual survey and have priced that option, as described below. 

 

2. Need For, and Use of, the Collection

a. Authority for the Collection

Sections 114 and 208 of the Clean Air Act (CAA), 42 U.S.C. §§ 7414 and 7542, 

authorize EPA to require recordkeeping and reporting regarding enforcement of the 

provisions of Title II of the CAA. 

b. Practical Utility/Uses of the Data

The recordkeeping and reporting requirements of this regulation will allow EPA 

to monitor compliance with the E15 labeling rule.

3. Non-duplication, Consultation, and other Collection Criteria

a. Non-duplication

Efforts have been made to eliminate duplication in this information collection. 

The information is not considered general in nature and is not found in other databases, 

directories or sources. The data submitted to EPA is specific to a company’s business 

practices.

b. Public Notice
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EPA has sought comment from industry on the cost estimates in section 6(d) of 

this ICR during the 60 day comment period. The notice was published March 24, 2015 80 

FR 15595. EPA received no comments.

c. Consultations

We have drawn upon our experience with similar fuels regulations and actual 

number of respondent who submitted reports in the last collection approved by OMB to 

develop the estimates in this supporting statement as discussed in section 6(d) –

Estimating the Respondent Universe – below. Growth Energy of Washington, D.C., a 

trade association for renewable fuels producers reviewed the ICR and felt the industry

cost was reasonable.

d. Effects of Less Frequent Data Collection

Less frequent collection of data would make it impossible to carry out the 

provisions of the Clean Air Act.

e. General Guidelines

This information collection activity complies with 5 CFR 1320.6, except that respondents 

would be required to keep certain records for longer than three years. Section 40 CFR 

Part 80.1454(l) requires record retention for five years from the date the records were 

created. 

f. Confidentiality

We inform respondents that they may assert claims of business confidentiality

(CBI) for information they submit. Information that is received without a claim of 

confidentiality may be made available to the public without further notice to the 

submitter under 40 CFR § 2.203.

g. Sensitive Information

This information collection does not require submission of any sensitive 

information. No personal or private information such as social security numbers, health 

care, credit card numbers, education or financial information will be collected in this 

collection. 

4. The Respondents and the Information Requested
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a. Respondents/with NAICS and SIC Codes

The respondents are related to the following major group Standard Industrialization 

Classification (SIC) codes:

2869 - Denatured Alcohol Manufacturing 

2911 - Petroleum Refineries

4212 - Gasoline Distributors

5171 - Gasoline Bulk Stations and Terminals

5172 - Gasoline Merchant Wholesalers (except bulk stations, terminals)

5541 - Retailers/Wholesale Purchaser-consumers

The respondents are related to the following major group NAICS codes:

324110 - Petroleum Refineries

325193 - Denatured Alcohol Manufacturing

424710 - Gasoline Bulk Stations and Terminals

424720 - Gasoline Merchant Wholesalers (except bulk stations, terminals)

 Using the terminology associated with E15, we have assumed the 

following classes of party, with the number of each in parenthesis:

 Gasoline refiners (150) and gasoline/ethanol importers (50), for a total of 200 

parties

 Gasoline/ethanol blenders (terminals) (1,000)

 Gasoline/ethanol blenders (carriers) 800

In addition, retailers and wholesale purchaser consumers may apply for 

alternative labels. We only expect a small number of parties to apply for an alternative 

labels. Using the terminology associated with E15, we have assumed the following 

classes of party, with the number of each expected to apply in parenthesis: 

• Other retailer (1)

• Wholesale purchaser-consumer (1)

The numbers of parties we have estimated are based upon information we have in 

our databases for other fuels programs requiring these parties to register (e.g., 
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reformulated gasoline, renewable fuels standard) under 40 CFR Part 80. We believe our 

registration databases for existing programs are sufficient to characterize the universe of 

potential respondents under the E15 labeling rule. 

Retailers and wholesale purchaser-consumers are only required to retain PTDs, 

and already do so under existing fuels programs for a period of five (5) years. In 

addition, since such parties normally retain copies of PTDs as customary business 

practice (CBP), we do not estimate any ICR burden for those parties. 

b. Information Requested

A) Reporting: The E15 final rule contains information collection provisions 

that permit a party to apply for approval of an alternative or additional E15 label. We 

anticipate that this provision may be utilized by some refiners for their branded retailers, 

as well as by some individual retailers and wholesale purchaser-consumers. However, 

we anticipate very few respondents (applicants) based upon our experience with prior 

regulations that included provisions for alternative labeling under 40 CFR Part 80 (e.g. 

oxygenated gasoline labels). It is also quite possible that no party will request an 

alternative label. However, we have provided an estimate for this item because it is 

possible we will receive applications for alternative labeling under this program. 

A party may elect to satisfy the survey requirements of this rule individually 

rather than through using a nationwide, consortium survey option (i.e., they may elect 

“Survey Option 1.” In such circumstances, the individual information collection 

requirements associated with “Survey Option 1” will apply. Parties that may be subject 

to survey information collection requirements include gasoline refiners, gasoline and 

ethanol importers, gasoline and ethanol blenders (including terminals and carriers), and 

ethanol producers. We anticipate that few, if any, parties will elect to satisfy the survey

by choosing “Survey Option 1.” When we have offered this option in the past under 

other 40 CFR Part 80 fuels programs (e.g. RFG), no party has elected to do so. Therefore 

it is quite possible that no party will choose “Survey Option 1.” However, we have 

provided an estimate for this option because the opportunity to choose “Survey Option 1” 

exists under this program. 

Under the terms of the E15 partial waiver, which is separate from the final rule 

but closely related to it, fuel and fuel additive manufacturers must submit a written plan 

to EPA for approval.3 The plan must include provisions designed to prevent misfueling. 

The plan must be submitted by all fuel and fuel additive manufacturers, regardless of 

whether a party elects “Survey Option 1” (individual) or “Survey Option 2” (nationwide). 

Parties that may be subject to this information collection item may include gasoline 

refiners, gasoline and ethanol importers, gasoline and ethanol blenders (including 

terminals and carriers), and ethanol producers. These estimates are included in this draft 

supporting statement.

 

3

75 FR 68094, 68149-68150 (November 4, 2010).
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The final rule contained provisions related to product transfer documents (PTDs). 

Parties upstream of the retail station or wholesale purchaser-consumer were required to 

develop and program new codes and statements for PTDs. This was a one burden 

requirement and eliminated from the cost estimates in this collection. These codes will 

reflect the ethanol content, as well as the Reid Vapor pressure (RVP). Parties subject to 

this one time burden include gasoline refiners, gasoline importers, and gasoline and 

ethanol blenders (including terminals and carriers). 

In addition to the one time burden of establishing/programming codes and 

statements for PTDs, parties will be required to apply the new codes and statements to 

PTDs as part of the normal course of business. The application of codes and statements is 

typically an automated process. Typically, refiners and wholesale purchaser-consumers 

who are not acting as blenders merely accept PTDs given to them by upstream parties. 

The following parties may have the burden of applying codes and statements: gasoline 

refiners, gasoline importers, gasoline and ethanol blenders (including terminals and 

carriers). 

B) Recordkeeping: Parties must retain PTDs and other records related 

to compliance, such as QA results, for five (5) years. Retention of PTDs is already a 

customary business practice (CBP) for the industry. In addition, parties are already

required to retain these records for five (5) years under existing 40 CFR Part 80 fuels 

programs. Therefore, this final rule imposes no changed or additional recordkeeping

burden. 

5. The Information Collected, Agency Activities, Collection Methodology, and 

Information Management

a. Agency Activities

We are not establishing any periodic compliance reporting provisions under this 

regulation. The frequency of reporting is determined by the activities of the respondents 

themselves. The estimates in this ICR for use of PTDs, or application to EPA for an 

alternative label, are based upon our expectations and experience with similar programs. 

EPA may request production of records, particularly in situations where a violation is 

suspected or observed. 

b. Collection and Methodology and Management

Normally, we will not collect records or reports from regulated parties, but we 

may, particularly in connection with enforcement actions. A party may claim that 

information it submits to EPA is confidential business information (CBI). Information 

claimed as CBI will be stored in appropriately controlled areas and will be treated in 

accordance with 40 CFR Part 2 and EPA policies and procedures for handling of CBI.

c. Small Entity Flexibility
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The final rule and its information collection requirements will not have any 

substantial impact on small entities. 

d. Collection Schedule

Reporting is occasional. The frequency of reporting is determined by the 

respondent. 

6. Estimating the Burden and Cost of Collection

a. Estimating the Respondent Universe 

We drew upon experience implementing similar regulations among the same and 

similar entities to develop estimates of the burden associated with this collection. 

b. Estimating Respondent Costs

(i) Estimating Labor Costs

Four labor categories were identified as having involvement: managerial, legal, 

professional/technical (prof/tech) and clerical. According to the Bureau of Labor 

Statistics, March 2013 National Industry-Specific Occupational Employment

Wage Estimates, mean wages were listed below for the Petroleum and Coal 

Industry:

Wages

Managerial $63.74 per hour

Legal $82.50 per hour

Prof/Tech $56.24 per hour

Clerical $17.62 per hour

Doubling for company overhead and for convenience, rounding to the nearest 

dollar, gives the following rates that will be used for this ICR:

Total Employer Cost

Managerial $128

Legal $165

Prof/Tech $113

Clerical $ 35

The labor mix for each task is assumed to be about 0.05 hour managerial, 0.05 

hour legal, 0.7 hour professional/technical, and 0.2 hour technical. This gives an 
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average labor cost of about $101 per hour, which will be used in this ICR. Our 

estimates are summarized in the following table: 
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DETAILED ICR ESTIMATES

Collection Type of No. of No. of Total No. of Time Per Cost Per Total Hours Total Cost Assumes:

Activity Party Parties Responses Responses Response Hour

per Party Hours

Labels - 80.1501(b)(5) Other

The number of 

responses for 

other retailer, 

WP-C are actual 

numbers of 

responses 

received.

Submission of Alt. or Retailer 1 1 1 24 101 24 2424

Additional Labels for

EPA Approval

REPORTING WP-C 1 1 1 24 101 24 2424

The response 

from the Survey

Association, if 

chosen will 

serve as 1 report 

for industry.

80.1502(a)

Survey

Association

(Nationwide) 1 1 1 200 101 200 20,200

Survey Option 1

REPORTING
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Survey Option 2 –

REPORTING -

Individually

80.1503 - Use of PTDs HOURS:

indicating RVP and G Refiner 150 22,000 3300000 0.0002778 101 916.66667 92583.33 1 second/

and EtOH content G Importer 50 22,000 1100000 0.0002778 101 305.55556 30861.11

Report to log 

PTD’s

(Upstream of terminal)

REPORTING

PTDs for downstream G/E blender 1,000 22,000 22000000 0.0002778 101 6111.1111 617222.22

indicating RVP and (terminal)

EtOH content G/E blender 800 22,000 17600000 0.0002778 101 4888.8889 493777.78

(carrier) Waiver Plan

Assumes 5% or 

less will submit 

reports in this 

collection 

REPORTING

Waiver - Submission G Refiner 20 1 20 8 101 160 16160

of Waiver Plan G/E Importer 5 1 5 8 101 40 4040 

by Fuel and G/E Blender 60 1 60 8 101 480 48480

Fuel Additive (terminal)

Manufacturers G/E Blender 5 1 5 8 101 40 4040

(carrier)

E Producer 10 1 10 8 101 80 8080

REPORTING TOTALS 2103 44000103 13270.22227 $ 1,340,292.44
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See NOTES below regarding retention of QA records. 

RECORDKEEPING 

TOTALS 0 0 0 0

GRAND

TOTALS 2103 44000103 37350.22 $1,340,292.44

NOTES ON THE ESTIMATES: 

REPORTING

Under survey option1, there is assumed to be only one possible respondent (the survey association) which would seek

Approval of labs. See 80.1502(b)(3)(iii)(B). Since there is only one non-Fed respondent, no burden is included.

RECORDKEEPING

Parties already retain PTDs as CBP and under existing fuels programs, so "new" 80.1507(a)(1)(i) represents no added burden. 

Similarly, parties already retain records of QA assurance, so "new" 80.1507(a)(1)(ii) represents no added burden. 
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c. Estimating the Agency Burden and Cost 

The annual Agency burden consist of 0.10 of a GS-13 step 1 professional 

employee (estimated at $181,646 including overhead), or $18,165. The burden estimates 

reviewing twenty (20) survey plans for twenty (20) respondents (whom we estimate will 

choose “Survey Option 2.” This also includes the effort of the employee reviewing one 

survey plan for a survey consortium under “Survey Option 1.” This assumes a total of 24

weeks of burden, including 21 weeks to complete review survey plans (one week each) 

and three (3) weeks to review and approval alternative labels for a total of sixty (60) 

respondents. 

 

d. Estimating the Respondent Universe

We were able to estimate the number of regulated entities drawing upon 

experience regulating the same or similar entities. EPA expects that only 1 alternative or 

additional label from retailers and WP-C party members during this collection. EPA 

expects only 1 report from “Option 1” survey association. These amounts were drawn 

from actual submission to the Agency during last collection period. Survey Option 2” 

(nationwide). Parties included gasoline refiners, gasoline and ethanol importers, gasoline 

and ethanol blenders (including terminals and carriers), and ethanol producers. Less than 

10% in each party were included as respondents in the collection which derived from the 

actual numbers in the Agency’s DCFUEL data base. For those parties, they have 

reporting the burden of logging PTD’s, the actual application of a PTD code is an 

automated process that would take one second or less. There is no added recordkeeping 

burden in this collection due to information under existing fuel programs are already 

kept. 

 

e. Bottom Line Burden Hours and Costs

From the tables, we estimate the following totals:

The annual burden is estimated as: 2,103 respondents; 44,000,103 responses; and 13,270 

hours. The annual ICR cost is estimated at $1,340,292.

Total Respondents 2,103

Total Responses 44,000,103

Total Hours 13,270

Total Cost $1,340,292
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f. Reason for Change in Burden

We expect there will be a decrease in the total estimated respondents, responses 

and cost to the industry compared to the ICR currently approved by OMB. This change in 

burden is due to no longer requiring the programing of product transfer codes in this 

collection. The respondent universe decreased from 6,211 to 2,103, a difference of 4,108 

members. The number of responses declined from 44,010,211 to 44,000,103, a 

difference of 10,108 reports. This reduced the industry burden hours from 37,350 to 

13,270. A contributing factor to the lowering of the industry cost was the salaries quoted 

in the “Bureau of Labor Statistics, May 2013 National Industry-Specific Occupational 

Employment and Wage Estimates, mean wages.” The salaries that assisted in calculating 

the cost mix had slightly declined. This change has caused a decrease in the cost per 

report in this collection from $110 per report to $101 per report. The total estimated cost 

to industry is $1,340,292 a year, the difference of $2,762,234 calculated from the prior 

collection approved by OMB.

g. Burden Statement 

The annual public reporting and recordkeeping burden for this collection of 

information is estimated to be 8.5 hours per response. (Note: Most responses under this 

ICR will consist of the simple application of codes/statements to PTDs, a process that 

takes less than 1 second. Burden means the total time, effort, or financial resources 

expended by persons to generate, maintain, retain, or disclose or provide information to 

or for a Federal agency. This includes the time needed to review instructions; develop, 

acquire, install, and utilize technology and systems for the purposes of collecting, 

validating, and verifying information, processing and maintaining information, and 

disclosing and providing information; adjust the existing ways to comply with any

previously applicable instructions and requirements; train personnel to be able to respond 

to a collection of information; search data sources; complete and review the collection of 

information; and transmit or otherwise disclose the information. An agency may not 

conduct or sponsor, and a person is not required to respond to, a collection of information 

unless it displays a currently valid OMB control number. The OMB control numbers for 

EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. 

To comment on the Agency's need for this information, the accuracy of the 

provided burden estimates, an d any suggested methods for minimizing respondent 

burden, including the use of automated collection techniques, EPA has established a 

public docket for this ICR under Docket ID number EPA-HQ-OAR-2015-0202, which is 

available for online viewing at www.regulations.gov, or in person viewing at the Air 

Docket in the EPA Docket Center in Washington, DC (EPA/DC). The docket is located 

in the EPA West Building, 1301 Constitution Avenue, NW, Room 3334, and is open 

from 8:30 a.m. to 4:30 p.m., Eastern Standard Time, Monday through Friday, excluding 

legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the 

telephone number for the Air Docket is (202) 566-1742. 
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You may use www.regulations.gov to submit or view public comments, access 

the index listing of the contents of the public docket, and to access those documents in 

the public docket that are available electronically. When in the system, select “search,” 

then key in the Docket ID Number EPA-HQ-OAR-2015-0202. Also, you can send 

comments to the Office of Information and Regulatory Affairs, Office of Management 

and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for 

EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2015-0202 and OMB 

Control Number 2060-0675 in any correspondence.