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Supporting Statement

For

Information Collection Request

Recordkeeping and Reporting Requirements for Regulations of Fuel and Fuel Additives: 

Renewable Fuel Pathways (RFS) Pathway II and Technical Amendments to the RFS2 Standards

and E15 Misfueling Mitigation Requirements.

40 CFR Part 80, Subpart M

EPA ICR 2520.01

Office of Transportation and Air Quality

U.S. Environmental Protection Agency
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A. JUSTIFICATION

1. Identification of the Information Collection

a. Title: Information Collection Request: Regulation of Fuels and Fuel Additives: RFS 

Pathways II, and Technical Amendments to the RFS Standards and E15 Misfueling Mitigation 

Requirements. Information Collection Request (ICR) No.2520.01, OMB Control Number

2060-NEW.

b. Short characterization:

The requirements covered under this ICR are included in the RFS Pathways II final rule.

In the final rule, EPA finalized the renewable fuels standard (RFS) program regulations at 40 

CFR Part 80, Subpart M. We believe these provisions will facilitate the introduction of new 

renewable fuels as well as improve implementation of the program. These provisions includes 

various changes related to biogas including changes to the revised compressed natural gas 

(CNG)/liquefied natural gas (LNG) pathway and amendments to various associated registration, 

recordkeeping, and reporting provisions. The final regulation includes a lifecycle greenhouse gas 

emissions analysis for renewable electricity, renewable diesel and naphtha produced from landfill 

biogas. Adding these new pathways will enhance the ability of the biofuels industry to supply

advanced biofuels, including cellulosic biofuels, which greatly reduce the greenhouse gas 

emissions (GHG) compared to the petroleum-based fuels they replace. It also addresses 

“nameplate capacity” issues for certain production facilities that do not claim exemption from 

the 20 percent GHG reduction threshold. In the accompanying final rule for this ICR, EPA 

addressed issues related to crop residue and corn kernel fiber and finalized an approach to 

determining the volume of cellulosic Renewable Identification Numbers (RIN’s) produced from 

various cellulosic feedstocks. We also included a lifecycle analysis of advanced butanol and 

discussed the potential to allow for commingling of compliant products at the retail facility level 

as long as the environmental performance of the fuels would not be detrimental. Several other 

amendments to the RFS2 program were included.

In the final rule, EPA also amended various changes to the E15 (gasoline containing up to 

15 volume percent ethanol) mis-fueling mitigation regulations (MMR) at 40 CFR Part 80, 

Subpart N. Among the E15 changes finalized were technical corrections and amendments to 

sections dealing with labeling, E15 surveys, product transfer documents, and prohibited acts. 

Technical amendments and corrections for this regulations had no bearings on the industry

estimates.

Lastly, EPA finalized changes to the survey requirements associated with the ultra-low 

sulfur diesel (ULSD) program. This change is not addressed here because there are fewer than 

nine respondents.

 
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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 EPA will use the information contained in the Agency’s Central Data Exchange 

(CDX), Engineering Reviews and Attest Engagements under the Pathways II final rule to 

evaluate and monitor the compliance of parties involved in the introduction of new renewable 

fuel pathways related to biogas and electricity. 

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

A Notice of Proposed Rulemaking was published in the Federal Register for comments

(78 FR 36041, June 14, 2013). Additionally, a supporting statement for the proposed rule was 

docketed to permit interested parties to comment on it.

c. Consultations

Many of the changes are being finalized in order to facilitate the introduction of new 

renewable fuels under the RFS2 program by suggestion of industry stakeholders. Other changes 

are being finalized to allow flexibility and better facilitation of the rule.

d. Effects of Less Frequent Data Collection

We have designed the reporting schedule to coincide with existing reporting deadlines 

applicable to many of the same parties under other EPA fuel programs such as the Reformulated 

Gasoline (RFG) and anti-dumping program and the ultra-low sulfur diesel fuel program. Less 

frequent collection of data would hinder the EPA’s ability to monitor compliance and would 

likely lead to noncompliance.
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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. RIN’s are treated as confidential business information under RFS2, as 

they are necessary identifiers to accompany renewable fuels. RIN information when submitted 

has a confidential claim and is treated in accordance with 40 CFR Part 2 and established Agency

procedures.

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

a. Respondents/with NAICS and SIC Codes

The respondents to this information collection fall into the following general industry

categories: petroleum refineries (324110/2911), ethyl alcohol manufacturers (325193/2869), 

other basic organic chemical manufacturing (325199/2869), chemical and allied products 

merchant wholesalers (424690/5169), petroleum bulk stations and terminals (422710/5171), 

petroleum and petroleum products merchant wholesalers (422720/5172), and other fuel dealers 

(454319/5989). 

Using the terminology associated with the RFS2 Rule, we have assumed the following 

classes of party which are covered by this information collection. 

 Producers of renewable fuels and renewable electricity

 Importers of renewable fuels

 Feedstock producers from waste treatment plants

 Feedstock producers from landfills

 Parties who own RIN’s (including foreign RIN owners)

b. Information Requested

i. Reporting: For new pathway registration and renewable electricity and fuels produced 

from biogas that qualify as renewable fuel and that are registered for RIN generation, producers 

must submit the following additional information as part of their existing quarterly and annual 

reporting obligations (reported amounts should be provided as monthly summaries on an 
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annual/calendar year basis, and must be obtained from a utility meter that is continuously

measured):

 Actual total amount of electricity used at the facility

 Actual total amount of electricity purchased for the facility

 Actual amount of total renewable electricity produced on-site, including source of energy

and the equipment or process used to generate the renewable electricity

 Calculation that verifies the facility meets the specified 20 percent minimum electricity

production requirement based on the reported total amount of electricity used at the 

facility, total amount of fossil-fuel based electricity purchased, and total amount of 

renewable electricity produced.

Quarterly reports are due as follows:

Quarterly Reporting Schedule for RFS2 Program

 Annual reports are due on February 28 for the preceding year.

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ii. Recordkeeping: For recordkeeping purposes, producers must retain the additional 

information, calculations and supporting documents required for registration and reporting. The 

producer must also review and verify all related supporting documents such as design 

documents, calculations, regulatory permits, and contracts between facilities that track the raw 

biogas from the point of withdrawal from its source, the various injection/withdraw points into 

the distribution pipeline, the various production facilities, and the final step for use as 

transportation fuel. Respondents must keep copies of all reports filed for five years. The 

regulatory requirements for registration, reporting and recordkeeping as discussed in the 

Pathways II final rulemaking can be located in the following applicable regulatory sections:

80.1450, 80.1451 and 80.1454, respectively.

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

Management

 

1

For the 2013 renewable fuel standards, the deadlines were adjusted; see http://www.gpo.gov/fdsys/pkg/FR-2014-

06-16/pdf/2014-14019.pdf. The new deadlines are September 30, 2014 for obligated parties to submit compliance 

demonstration reports to EPA and January 30, 2015 for submission of the attest engagement reports.

Quarter Covered by Quarterly Report Due Date for Quarterly Report

January - March May 31

April - June August 31

July - September November 30

October - December February 28
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a. Agency Activities

 All reports, petitions and registrations will be reviewed by EPA for completeness and for 

potential violations.

 Potential violations will be referred to enforcement personnel.

 Registration numbers will be issued for new registrants.

 Reporting parties will be contacted if there is a problem with their submission or if an 

incomplete registration is dormant for more than a year. 

b. Collection and Methodology and Management

Collection methodology and management of the information collected is similar to the 

process used for other 40 CFR Part 80 fuels programs. The information must be reported 

electronically via a format specified by the Administrator. 

When the submittal is received, EPA will review it for completeness. EPA may also 

review respondents' records as a part of its enforcement effort to ensure the accuracy and validity

of the data submitted. Non-confidential data will be made available upon request.

c. Small Entity Flexibility 

Section 211(o)(9)(A) of the Clean Air act provides an exemption from RFS requirements 

through 2010 for “small refineries,” defined as refineries having an average aggregate daily 

crude oil throughput for a calendar year that does not exceed 75,000 barrels. After this initial 

period, the statute allows that small refineries may, on a case-by-case basis, petition the EPA for 

an extension of their exemption. The EPA may approve such petitions if it finds that 

disproportionate economic hardship exists. In the Pathways II final rule, there is an amendment 

to update the definition of small entity to ensure fairness within the market as it relates to 

extensions and exemptions.

d. Collection Schedule 

Registrations of new renewable fuel pathways, Product Transfer Documents (PTDs) from 

feedstock (landfills and waste treatment plants) and nameplate petitions are received on a rolling 

basis. Updates may be sent in at any time after initial registration. New parties may enter the 

regulated industry at any time once they fulfill their registration requirements. EPA has 

developed two forms to help with compliance for the Pathways 2 collection. They are as 

follows:

Form EPA No.

RFS1700 - RFS2 Renewable Fuel Producers – Cellulosic Converted Fraction 5900-362

RFS1300 - RFS2 Renewable Fuel Producers Using Crop Residue 5900-262

 as a Feedstock Report (RFS1300)
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6. Estimating the Burden and Cost of Collection 

a. Estimating the Respondent Universe

We drew upon experience implementing RFS2 and previous EPA fuel programs among 

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

b. Estimating the Respondent Burden and Cost

Three labor categories are involved: managerial (includes legal and professional review), 

technical, and clerical. The estimates used the Bureau of Labor Statistics figures from "National 

Industry-Specific Occupational Employment & Wage Estimate “Petroleum and Coal Products 

Manufacturing” (May 2012), with a three percent annual inflation factor applied to bring the 

values to the present. Using this method, the following wages and benefits apply by category:

Wages and Benefits – Petroleum and Coal Products Manufacturing

Managerial $67.44 per hour

Technical $65.56 per hour

Clerical $22.17 per hour

Doubling for company overhead beyond wages and benefits, and for convenience, rounding up 

to the dollar, gives the following rates for this ICR:

Total Employer Cost

Managerial $135.00 per hour

Technical $131.00 per hour

Clerical $ 44.00 per hour

It is assumed that for each hour of activity the mix will be about 0.1 hour managerial, 0.7 hour 

technical, and 0.2 hour clerical. This gives an average labor cost of $114 per hour, which will be 

used in this ICR. For purchased services related to attest engagements and some items of 

registration, we have doubled this hourly cost to $228 for overhead cost for associated with this 

collection. There are no operating and maintenance costs associated with this collection. 

c. Estimating the Agency Burden and Cost 

EPA must generate company and facility registration number(s) for new registrants and 

notify them of these numbers that appear on reports. Report formats and instructions/guidance 

must be prepared by Agency personnel. Reports will be processed by contractors and must be 

reviewed by Agency personnel. Reporting parties must be contacted if there is a problem with 

their submission. 
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This supporting statement considers all Agency costs associated with accepting new 

registrants and new reports associated with Pathways II, as expressed in EPA ICR Number

2520.01. Using the RFS2, and the RFG and anti-dumping ICR, and other recent fuels-related 

ICRs as a guide in developing these initial estimates for RFS, we anticipate that the Pathways II 

and other rule amendments may require the equivalent labor of one full time GS-13 technical 

employees for a total of $185,000, and labor costs of $88,000 in the clerical category and 

$31,000 in the management category.

2

 Since we are using the CDX, some costs incurred by the 

Agency will be tied to the number of registrants who send us reports. Adding the following 

values results in an annual estimated Agency burden as follows:

One GS-13 technical employee (full time) = $ 185,000

One GS-7 clerical worker (full-time) = 88,000

One GS-15 manager (1/8 time) = 31,000

TOTAL= 304,000

As with all items in this supporting statement, we strongly encourage comment on the 

estimated Agency burden and on the Agency activities associated with this information 

collection. 

 

d. Estimating the Respondent Universe

For biogas and electricity feedstock producers from waste treatment plants and landfills, 

we have assumed the following classes of regulated parties, with the number of each in 

parenthesis:

 Waste water treatment plants biogas feedstock producers (6) 

 Landfill biogas feedstock producers (54) 

[Note: The above estimates are derived from the following sources: 

1) Landfills: Municipal Solid Waste (MSW) in the United States: 2011 Facts and 

Figures, available at http://www.epa.gov/cleanenergy/energy-and-you/affect/municipalsw.html . The number of MSW facilities reported producing electricity in the United 

States is 87 facilities but over 3,091 operable landfills that can supply feedstock for 

electricity in the United States.

http://www.zerowasteamerica.org/landfills.htm.

2) The U.S. Department of Energy, Federal Energy Management Program, 

 

2 These estimates are derived from "OPM Salary Table 2013-DCB," effective January 2013. This table may be found 

at http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2013/general-schedule/washingtonbaltimore-northern-virginia-dc-md-va-wv-pa-annual-rates-by-grade-and-step/. The extreme of step 10 was assumed 

for all categories. We have assumed a full-time GS-7 clerical worker, one full-time GS-13 technical worker, and a 

GS-15 manager working one-eighth of his/her time managing this project (0.125). All values were multiplied by 1.6 

(which is a common factor utilized in ICRs to account for overhead costs). We rounded the resulting dollar value to 

the nearest thousand. This cost is per year.
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Biomass and Alternative Methane Fuels (BAMF), Super ESPC Program Fact Sheet found 

at web site https://www1.eere.energy.gov/femp/news/news_detail.html?news_id=8961, 

stated that there are 16,000 waste water treatment plants in the United States and less than 

2% of these facilities, mostly the large ones will participate in capturing waste water 

digester gas to produce electricity.]

For the purpose of deriving industry burden cost, we will be assuming that 54 landfill 

biogas feed stock producers will be subject to the recordkeeping and reporting burden under this

ICR. These numbers were taken from the Waste-to-Energy Program, U.S. EPA Office of 

Resource Conservation and Recovery. We are also assuming .04 percent or six waste water 

digester treatment plants will be subject to the recordkeeping and reporting burden. Less than 

two percent of the 16,000 waste water digesters facilities stated by the U.S. Department of 

Energy was used to produce this number. The six waste water digester treatment plants and 54 

landfill biogas will be known as feedstock producers who will generate RIN’s under the new 

requirements in the Pathways II regulation. 

This supporting statement includes reporting estimates involving biogas feedstock at 

landfill and wastewater treatment plants. These parties must provide certain information about 

their feedstock to biofuel producers and to EPA upon request. The biofuel producers are required 

to obtain product transfer documents from biogas feedstock producers who supply energy 

feedstock for them. The biofuels producer is the entity who will be generating RIN’s for the final 

electricity used in commerce. Biofuels producers must provide certain information about their 

feedstock to EPA upon request. Tables’ I-IV below provide the cost estimates associated with 

this ICR.
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Number of 

Respondents

Number of 

Responses 

per Party

Total Number 

of Responses

Time per 

Response 

(Hours)

Cost per 

Response 

(Dollars)

Total 

Hours

Total Cost 

(Dollars)

80.1426 - Pathway Reporting Requirement Submissions for Producers and Importers

Renewable CNG/LNG and Renewable Electricity (Waste 

Treatment Plants & Digesters) (D code 5) 10 1 10 8 $912 80 $9,120

Ethanol - Any process that converts cellulosic biomass to 

fuel (D Code 3) 10 1 10 8 $912 80 $9,120

Renewable CNG/LNG and Renewable Electricity (Biogas 

from Landfills)(Any)(D Code 3) 10 1 10 8 $912 80 $9,120

Renewable gasoline/ renewable gasoline blendstock 

(Landfills) (Many conversions )(D Code 3) 10 1 10 8 $912 80 $9,120

Cellulosic/ Naphtha (Gasification and upgrading process/ 

converts cellulosic biomass to fuel) (D code 3) 10 1 10 8 $912 80 $9,120

Cellulosic Diesel, jet fuel and heating oil (Any process/ 

converts cellulosic biomass to fuel) (D code 7) 10 1 10 8 $912 80 $9,120

Napththa, Ethanol, renewable diesel, jet fuel heating oil 

(Landfills) (Any) (D Code 5) 10 1 10 8 $912 80 $9,120

TOTAL 70 70 560 $63,840

Information Collection Burden by Type of Party

Table I - New Pathways from Landfill and Waste Treatment Plants Biogas
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Collection Activity

Number of 

Respondents

Number of 

Responses 

per Party

Total 

Number of 

Responses

Time per 

Response

Cost per 

Response

(Dollars)

Total 

Hours

Total Cost 

(Dollars)

80.1450 (h)(2)Cancellation of Company Registration

Submit corrections of deficiencies to EPA on forms 20 1 20 16 $1,824 320 $36,480

Initiate New Registration Requirements 10 1 10 16 $1,824 160 $18,240

New CDX Registrations 10 1 10 2 $228 20 $2,280

80.1451 - English Language Reporting 3 2 6 6 $684 36 $4,104

80.1426(f)(10)(11) Engineering Review Report - Gas movement 

from point of extraction (Gas to electricity CNG/LNG) - $228/hr 

(Registration) 10 1 10 20 $4,560 200 $45,600

80.1454 - Attest Engagement - Biogas Pathways - $228/hr 

(Reporting) 10 1 10 40 $9,120 400 $91,200

80.1401 - Facilities using nameplate capacity - Registration 

(Update) 10 1 10 0.15 $17 1.5 $26

80.1403 - Do not have a year of production records or no claim

of exemption from the 20% greenhouse gas (GHG) reduction 

threshold (Update) 10 1 1 0.15 $17 1.5 $26

TOTAL 83 9 77 100.3 $18,274 1139 $197,955

Information Collection Burden by Type of Party

Table II - EMTS Registration Changes and Related Reporting
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Collection Activity

Number of 

Parties

Number of 

Responses 

per Party

Total Number of 

Responses

Time per 

Response

(Hour)

Cost per 

Response

(Dollars) Total Hours

Total Cost 

(Dollars)

Third Party Disclosure

Landfills - Biogas 3,091 1 3091 0.15 $17.10 463.65 $52,856.10

Wastewater Treatment Plants - Biogas 16,000 1 16000 0.15 $17.10 2400 $273,600.00

TOTAL 19,091 19091 2863.65 $326,456.10

Assumptions

Information Collection Burden by Type of Party

Table III - Biogas Feedstock 

1) 3,091 operable landfills in the US that may provide feedstock to producers of renewable electricity

2) There are 16,000 waste water facilities in the US that can provide feedstock to Producers of renewable 

electricity
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Collection Activity

Number of 

Respondents

Number of 

Responses 

per Party

Total 

Number of 

Responses

Time per 

Response

(Hours)

Cost per 

Response

(Dollars)

Total 

Hours

Total Cost 

(Dollars)

80.1416(d) -Petition Process for Evaluation of New Renewable Fuels Pathways - Reporting

Feedstock meets 75% cellulosic content threshold, 

cellulosic RINS generated on entire fuel volume (Petition) 10 1 10 8 $912 80 $9,120

1426(f)(10), (11) and (13) - Tracking Verification of Biogas and renewable electricity used as Transportation Fuel - Registration

Submits Contracts of sale and affidavits - Distributed in 

dedicated or shared pipeline or transmission line 

CNG/LNG) 60 50 3000 0.1 $2 300 $34,200

Cellulosic diesel and naphtha (biogas) - Produce at least 

20% of total amount of process Electricity used at its 

facility (Petition) 10 1 25 8 $912 200 $22,800

Fuel Supply Plan Renewable Electricity Portfolio Program 60 1 310 8 $912 2480 $282,720

Additional Information Submittal of Processes to Existing Reports - Reporting

Quarterly and Annual Reports 60 5 300 3 $342 900 $102,600

80.1416(f) - Submission of peer-review & individual data on average cellulosic content of feedstock

Recordkeeping 60 2 10 8 $912 80 $9,120

80.1441 - Small Refinery Exemption 2 1 2 8 $912 16 $1,824

80.1454 - Recordkeeping Requirements 

Biogas and electricity in pathways involving feedstocks 

other than grain sorghum 60 10 600 0.05 $6 30 $3,420

Contracts and documents of sale of renewable CNG/LNG 

or kilowatts of renewable electricity 60 20 1200 0.05 $6 60 $6,840

Documents demonstrating volume and energy content of 

biogas/CNG/LNG or kilowatts of renewable electricity 60 20 1200 0.05 $6 60 $6,840

Documents demonstrating the volume and energy content 

at point of distribution 60 20 1200 0.05 $6 60 $6,840

Affidavits 60 20 1200 0.05 $6 60 $6,840

TOTAL 562 151 9057 43.35 $4,933 4326 $493,164

Assumptions

For the purpose of deriving industry burden cost, we will be assuming that 6 waste water treatment plants and 54 

landfill biogas feed stock producers will be subject to the recording keeping and reporting burden.

Information Collection Burden by Type of Party

Table IV - Pathways II Regulation Amendments - Producers
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e. Bottom Line Burden Hours and Costs

From the tables, we estimate the following annual totals:

TOTAL NO. OF RESPONDENTS: 60

TOTAL NO. OF RESPONSES: 28,301

TOTAL BURDEN HOURS: 8,889

TOTAL COST TO RESPONDENTS: $1,081,415

f. Reason for Change in Burden

There is no previous ICR for this collection.

g. Burden Statement

The annual reporting and recordkeeping burden for this collection of information is estimated to be .31

hours per response (total number of hours divided by total number of responses). 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, 

and 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-2012-

0401, 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 William Jefferson Clinton

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.

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-2012-

0401. 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-2012-0401 and OMB Control Number 2060-NEW in any

correspondence.

.