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SUPPORTING STATEMENT

Regulations of Fuel and Fuel Additives: Renewable Fuel Pathways (RFS) Pathway II and 

Technical Amendments to the RFS2 Standards EPA

A. JUSTIFICATION

1. Identification of the Information Collection

a. Title: Regulations of Fuel and Fuel Additives: Renewable Fuel Pathways (RFS) 

Pathway II and Technical Amendments to the RFS2 Standards EPA ICR No.2469.01, 

OMB Control Number 2060-NEW.

b. Short characterization:

SUMMARY: EPA is proposing to amend certain of the renewable fuels 

standard (RFS2) program regulations at 40 CFR Part 80, Subpart M. We believe these 

proposals will facilitate the introduction of new renewable fuels as well as improve 

implementation of the program. This proposal 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. This proposed 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% greenhouse gas (GHG) reduction threshold. In this notice, 

EPA addresses issues related to crop residue and corn kernel fiber and proposes an 

approach to determining the volume of cellulosic RINs produced from various cellulosic 

feedstocks. We also include a lifecycle analysis of advanced butanol and discuss 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 are included.

EPA is also proposing various changes to the E15 mis-fueling mitigation 

regulations (E15 MMR) at 40 CFR Part 80, Subpart N. Among the E15 changes 

proposed are technical corrections and amendments to sections dealing with labeling, E15 

surveys, product transfer documents, and prohibited acts. We also propose to amend the 

definitions in order to address a concern about the rounding of test results for ethanol 

content violations. These changes are not addressed in this ICR because they do not 

change the cost and burden estimates from the E15 ICR 2408.02.

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

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

fewer than 9 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 recordkeeping and reporting requirements of this regulation will allow EPA to 

monitor compliance with the introduction of new renewable fuel pathways to improve on 

its implementation of the RFS2 program. The new pathways will enhance the ability of 

the biofuels industry to supply advanced biofuels, including cellulosic biofuels which will 

greatly reduce the greenhouse gas emissions (GHG) compared to the petroleum-based 

fuels they replace. 

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

a. Non-duplication

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

Most information requested will assert claims as being confidential business information 

(CBI) and will be available to the EPA from the affected parties directly. 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 has been published in the Federal Register for 

comments (78 FR 36041, June 14, 2013).

c. Consultations

Many of the changes are being proposed in order to facilitate the introduction of 

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

Other changes are being proposed to allow flexibility and better facilitation of the rule.
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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 such programs as RFG 

(Reformulated Gasoline) and anti-dumping and diesel fuel. Less frequent collection of 

data would make it impossible to carry out the provisions of the CAA and EISA. 

e. General Guidelines

This rule does not exceed any of the OMB guidelines.

f. Confidentiality

We inform respondents that they may assert claims of business confidentiality

(CBI) for information they submit. Actual RINs should not be treated as confidential 

business information under RFS2, as they are necessary identifiers to accompany

renewable fuels. Any information claimed as confidential will be treated in accordance 

with 40 CFR Part 2 and established Agency procedures. 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.

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 supporting statement. 

 Producers of renewable fuels

 Importers of renewable fuels

 Feedstock producers from waste treatment plants

 Feedstock producers from Landfills

 Parties who own RINs (including foreign RIN owners)
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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, we are proposing for producers to 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 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

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

 

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

ii. Recordkeeping: For recordkeeping purposes, we are proposing that 

producers 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 (5) years. The regulatory requirements for 

registration, reporting and recordkeeping as discussed in this proposed rulemaking can be 

located in the following applicable regulatory sections 80.1450, 80.1451 and 80.1454, 

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

Information Management

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

EPA would like to continue to monitor RIN generation from fuel produced using 

the new pathways and their general use in the market place. EPA wants to continue to 

receive all reports, registrations, initial registrations and updates. We anticipate receiving 

data in a simplified and secure fashion via the Agency's electronic Central Data Exchange 

(CDX). Information claimed as CBI will be stored in appropriately controlled areas.

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. It also provides possible extensions of this exemption, through individual 

petitions to EPA. In this Notice of Proposed Rulemaking (NPRM) 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, PTD’s from feedstock (landfills 

and waste treatment plants) and nameplate petitions are also being 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, triggering registration requirements. 

6. Estimating the Burden and Cost of Collection 

a. Estimating the Respondent Universe

We drew upon experience implementing RFS2 and similar regulations among the 

same entities to develop estimates of the burden associated with this collection. 
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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 3% 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 is no O & M cost associated with this collection. 

The estimates by party are indicated in Tables 1 – 4 below.

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. 

This supporting statement considers all Agency costs associated with accepting 

new registrants and new reports associated with RFS2, as expressed in EPA ICR Number 

2469.01. Using the RFS2, and the RFG and anti-dumping ICR, and other recent fuelsrelated ICRs as a guide in developing these initial estimates for RFS, we anticipate that 

the RFS2 and other rule amendments may require the equivalent labor of one full time 
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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.

1

 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 proposed 

information collection. 

 

d. Estimating the Respondent Universe

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

experience regulating the same or similar entities. In this collection EPA is proposing 

amendments and technical changes to three existing regulations.

For biogas and electricity feedstock producers from waste treatment plants and 

landfills, we have assumed the following classes of party, with the number of each in 

parenthesis:

 Waste water treatment plants biogas feedstock producers (3,500) 

 Landfill biogas feedstock producers (1,908) 

[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/epawaste/nonhaz/municipal/pubs/MSWcharacterization_fnl_

060713_2_rpt. 2) The U.S. Department of Energy, Federal Energy Management 

Program, Biomass and Alternative Methane Fuels (BAMF), Super ESPC Program 

Fact Sheet found at web site 

www1.eere.energy.gov/femp/pdfs/bamf_wastewater.pdf, stated that there are 

 

1 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/generalschedule/washington-baltimore-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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16,000 waste water treatment plants in the United States and only 2% or 3,500 of 

these facilities mostly the large ones will participate in capturing waste water 

digester gas to produce electricity.

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 obtaining RINs for the final fuel used in commerce. Biofuels 

producers must provide certain information about their feedstock to EPA upon request.
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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)

40 CFR Part 80, Subpart M

Renewable Fuels Standard (RFS2) - 80.1416

Pathway Registration Requirements Producers and Importers - 80.1426 

(Classified as Cellulostic types From Landfill Biogas and Waste Treatment Plants - biogas)

Renewable CNG/LNG -Biogas (Waste Treatment Plants & Digesters) 10 1 10 8 $912 80 $9,120

Butanol (Corn Starch) - Corn Starch (40% used at facility)(D Code 5) 10 1 10 8 $912 80 $9,120

Renewable CNG/LNG -(Biogas from Landfills)(Any)(D Code 3) 10 1 10 8 $912 80 $9,120

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

Cellulosic Naphtha (Fisher - Tropsch Process/Landfill)(20% usage at facility)(D code 3) 10 1 10 8 $912 80 $9,120

Cellulosic Diesel (Fisher - Tropsch Process/Landfill)(20% usage at facility)(D code 7) 10 1 10 8 $912 80 $9,120

Napththa (Fisher - Tropsch Process / Landfills) (D Code 5) 10 1 10 8 $912 80 $9,120

Renewable Diesel (Fisher - Tropsch Process / Biogas Landfills)(D Code 4) 10 1 10 8 $912 80 $9,120

Renewable Diesel (Fisher - Tropsch Process / Biogas Landfills)(D Code 5) 10 1 10 8 $912 80 $9,120

TOTALS 90 90 720 $82,080

Information Collection Burden by Type of Party

Table I - New Pathways - Producers and Importers
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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

80.1452- EPA Moderated Transaction System (EMTS) Requirement-Reporting

Alternate Reporting Method for sell and Buy Transactions for Assigned RINs 300 100 30000 0.15 $17 4500

80.1466 - Registration Requirements - Bonding 

(Require Foregin parties that sell to Importers to be Subject to U.S. Jurisdiction and Post a Bond)

Foreign Ethanol Producers 10 1 10 8 $912 80

Foregin Ethanol Importers 10 1 10 8 $912 80

Foregin Renewable Fuel Producers 10 1 10 8 $912 80

80.1450 Cancellation of Company Registration

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

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

New CDX Registrations 10 1 10 2 $228 20

80.1450 - English Language Registrations 3 2 6 6 $684 36

TOTALS 373 108 30076 64.15 $7,313 5276

Information Collection Burden by Type of Party

Table 2 - EMTS -Changes
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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 1,908 1 1908 0.25 $28.50 477 $54,378.00

Wastewater Treatment Plants - Biogas 3,500 1 3500 0.25 $28.50 875 $99,750.00

TOTAL 5,408 5408 1352 $154,128.00

Information Collection Burden by Type of Party

Table 3 - Biogas Feedstock Producers
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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)

80.1416 - Facility Electrical Generation Requirements - Reporting

Facilities Meeting 60% GHG Reduction without Production of 20% Electricity (liquid to Gas) - Petitions 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 and PTD's - Distributed in dedicated or shared pipeline or transmission line 90 50 4500 0.1 $2 450 $51,300

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

Additional Information Submittal of Processes to Existing Reports - Reporting

Fuel Supply Plan 90 1 310 8 $912 2480 $282,720

Quarterly and Annual Reports 90 5 450 3 $342 1350 $153,900

TOTAL 290 58 5295 27.1 $3,080 4560 $519,840

Information Collection Burden by Type of Party

Table 4 - RFS 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: 6,161

TOTAL NO. OF RESPONSES: 40,869

TOTAL BURDEN HOURS: 11,908

TOTAL COST TO RESPONDENTS: $ 1,357,512

f. Reason for Change in Burden

There is no previous ICR for this collection.

g. Burden Statement

The annual public reporting and recordkeeping burden for this collection of 

information is estimated to be .37 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 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.

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 
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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.

.