SUPPORTING STATEMENT FOR THE

RENEWABLE FUELS STANDARD (RFS2) PROGRAM (RENEWAL)

A. JUSTIFICATION

1. Identification of the Information Collection

1(a) Title: Renewable Fuels Standard (RFS2) Program, EPA ICR No. 2380.02, OMB 

Control Number 2060-0637.

1(b) Short characterization:

The Energy Policy Act (EPAct) of 2005 amended the Clean Air Act, section 211(o), and 

required the existing RFS program. The existing RFS program is 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 is now discontinued. With the new requirements in 

the RFS program now RFS2, all supporting information and notices will be addressed under EPA 

ICR No. 2380.02, OMB Control Number 2060-0637. 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 of 2007 (EISA) further amended the Clean 

Air Act, section 211(o), and required new regulations for renewable fuels. The newer 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 Moderated Transaction System (EMTS) 

for RINs. Additional parties will be 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. 

This supporting statement provides tables that break down reporting items by party (e.g. 

producer, importer, refiner, etc.) and the cost related to their reporting activity. For compliance 

purposes, under 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, there are additional types of RINs and the volume of RINs traded is expected to be 

great.

 
2. Need For, and Use of, the Collection

2(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. 

2(b) Practical Utility/Uses of the Data

The recordkeeping and reporting requirements of this regulation will allow EPA to 

monitor compliance with the RFS program.

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

3(a) Non-duplication

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

information collected is considered CBI and unique to the closed DCFUEL database. EPA has 

provided instructions in PDF in which the parties submit data in the Unified Report Form (XLS) 

to the Agency’s Central Data Exchange (CDX). CDX also allows for updating and corrections to 

individual accounts. The data relates to individual fuel volume by facility and are not available 

from other sources.

3(b) Public Notice

EPA sought comment on reporting requirements via the Federal Register on November 20, 2012 

(77 FR 69620). EPA received no public comments.

3(c) Consultations

EPA has consulted with two parties, Mr. Tim Hogan of the American Fuel and 

Petrochemical Manufactures, who can be contacted on (202)-457-0480, and Mr. Bob Schafer of

The National Biodiesel Board (NBB), who can be reached on 202-737-8801. Mr. Schafer did not 

respond. Mr. Tim Hogan reviewed the ICR as it relates to the obligated parties and found that 

the tables were not clear. Changes were made for better analysis of party burden.

3(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. 
3(e) General Guidelines

This rule does not exceed any of the OMB guidelines.

3(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.

3(g) Sensitive Information

This information collection does not require submission of any sensitive information.

4. The Respondents and the Information Requested

4(a) Respondents with NAICS/ 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 (325110/2869), chemical and allied products 

merchant wholesalers (426990/5169), 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

 Obligated Parties

 Parties who own RINs (including foreign RIN owners)

4(b) Information Requested

The respondents are subject to this collection to demonstrate compliance with the RFS 

Program. For this purpose, the respondents are required to report to EPA, via the Agency’s

Central Data Exchange (CDX), their fuel volumes identified through the use of renewable 

identification numbers (RINs). The respondents are involved in the initial generation of 

renewable fuel to be introduced in commerce. Additional requested information to be reported
come from producers and importers in the form of attest engagements reports and new pathway

petition submissions.

(i) Data Items

Record Retention for this collection is five years from the date the records were created. 

Records related to RIN transactions are to be kept five years from the transaction date. Records 

can be keep either electronically or on paper. On request by EPA records must be made available;

for electronic records, this includes equipment or software needed to read the electronic records. 

If requested by EPA, electronic records shall be converted to paper documents. The types of 

records for retention under this collection are as follows:

Recordkeeping: Common Requirements for All Parties

 Product Transfer Documents (PTDs) for any Activity as a Transferor/Transferee of 

ownership of Renewable Fuel

 Copies of Reports Submitted to EPA records related to RIN Transactions

 List of RINS Owned, Purchased, Sold, or Retired

 Parties Involved in Each Transaction – Transferor, Transferee, and any Broker or Agent

 Transaction Date

 Additional Information Related to Details of the Transaction and its Terms

 Any Parties Other Than Renewable Producers and Obligated Parties

 Obligated Parties should retain PTDs associated with transactions

Recordkeeping: Renewable Producer/Importer Specifics –1

 Records Related to the Generation and Assignment of RINs by Facility

 Batch Volume, Batch No., RIN, Renewable Type, Production/Import Date, Lab Results, 

Additional info related to RIN Generation

 Records Related to the Production/Importation of Neat Motor Fuel and its Use

 Renewable Fuel Designated by the Producer or Importer of Motor Vehicle Fuel

Recordkeeping: Renewable Producer/Importer Specifics – 2, Verifiable Records

 The amount and type of fossil fuel and waste material-derived fuel used in producing onsite thermal energy dedicated to the production of ethanol at plants producing cellulosic 

biomass ethanol through the displacement of 90 percent or more of the fossil fuel

normally used in the production of ethanol

 The amount and type of feedstocks used in producing cellulosic biomass ethanol

 The equivalent amount of fossil fuel (based on reasonable estimates) associated with the 

use of off-site generated waste heat that is used in the production of ethanol at plants 

producing cellulosic biomass ethanol through the displacement of 90 percent or more of 

the fossil fuel normally used in the production of ethanol

 The plot plan and process flow diagram for plants producing cellulosic biomass and 

waste derived ethanol
 The independent third party verification required under 40 CFR § 80.1155 for producers 

cellulosic biomass ethanol and waste derived ethanol

Recordkeeping: Obligated Parties & Renewable Exporters

 Records Related to the Use of RINS (by Facility if Applicable) for Compliance

 Methods and Variables Used to Calculate the RVO

 List of RINs Used to Demonstrate Compliance

 Additional Information Related to Details of RIN Use for compliance

(ii) Respondent Activities

All respondents must be registered in the DCFUEL application to obtain a valid company

number to sign up in CDX. In CDX parties will submit facility registration corrections and 

updates and report fuel volumes used for buying and selling RINS in the EMTS. The 

information submitted to EPA during a company’s initial registration defines its roles,

responsibilities and participation in the EMTS environment. Producers and importers are 

responsible for financing a yearly attest engagement or audit to verify their facilities. In this 

collection producers and importers may also submit new pathway petitions for EPA approval.

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

Information Management

5(a) Agency Activities

 All reports 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.

 Contacting reporting parties if there is a problem with their submission.

5(b) Collection and Methodology and Management

EPA will 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.

EPA will provide Guidance Documents, Report Instructions and Report Templates on 

http://www.epa.gov/otaq/regs/fuels/forms.htm.

5(c) Small Entity Flexibility Provisions 

The flexibility provisions that are available to small entities are found in 40 CFR § 80.1441 and § 

80.1442. These refiners have less than 1,500 employees corporate-wide and corporate average 
crude oil capacity less than or equal to 155,000 barrels per calendar day. There are only six 

refiners that meet this definition and are registered in DCFUEL under the RFS2 program.

5(d) Collection Schedule

Registrations 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, triggering 

registration requirements. Petitions for new renewable fuels and pathways are also being 

received.

6. Estimating the Burden and Cost of Collection

6(a) Estimating the Respondent Burden

We drew upon experience implementing similar regulations among the same entities to develop 

estimates of the burden associated with this collection. The following assumptions were made in 

estimating the burden to this collection. The number in each participating party class were a 

result of facilities and RIN owner registered in the RFS program in CDX. An estimated

percentage of each party total was used to assume how many would submit registration 

corrections and updates and to see how many new party class registrations and CDX users to 

expect each year. Producers and importers are required to finance and to submit to EPA an yearly 

attest engagement. In the last information request, respondents were required to re-register 

which increased the cost and hourly burden. From the estimates there are 1192 participants in 

this collection.

 Producers of renewable fuels (300)

 Importers (72)

 Obligated Parties (150)

 Parties who own RINs (including foreign RIN owners) (950)

6(b) Estimating the Respondent Costs

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 2011), 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

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 $103 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 $206 in order to more accurately reflect the cost 

of a certified public accountant (CPA) or licensed professional engineer's (PE) services. There is 

no capitol or O&M cost associated with this collection. There is only respondent hourly burden 

cost incurred.
Information Collection Burden by Type of Party

Table I: Producers of Renewable Fuel

Collection Activity

Number of 

Respondents

Number of 

Responses 

per Party

Total Number of ResponsesTime per 

Response 

(hours)

Cost per 

Response 

(dollars)

Total 

Hours

Total Cost 

(dollars)

80.1416

New renewable fuels pathways at $103/hour 15 1 15 8 $824 120 $12,360

80.1450

(b)(2) Yearly attest engagements at $206/hour 500 1 500 24 $4,944 12000 $2,472,000

(d) Registration updates at $103/hour 125 1 125 2 $206 250 $25,750

New Registrations at $103/hour 25 1 25 2 $206 50 $5,150

New CDX Registrations at $103/hour 25 1 25 2 $206 50 $5,150

TOTALS 690 690 12470 $2,520,410

Assumptions:

500 registered renewable fuel producers

25% registration updates and corrections

3% new pathway petitions by producers of renewable fuels

5% new renewable fuels producers registrations

5% new CDX registrations by renewable fuel producers
Information Collection Burden by Type of Party

Table II: Importers of Renewable Fuels

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)

80.1450

(b)(1) New Registration at 

$103/hour 4 1 4 8 $824 32 $3,296

(b)(2) Yearly Attest Engagement at 

$206/hour 75 1 75 24 $4,944 1800 $370,800

(d) Registration update and Corrections at $103/hour 19 1 19 2 $206 38 $3,914

New CDX Registration at $103/hour 4 1 4 2 $206 8 $824

TOTALS 102 102 1878 $378,834

Assumptions:

75 registered importers of renewable fuel

25% registration updates and corrections 

5% new registrations for importers of renewable fuels

5% new CDX registrations by importers of renewable fuels
Information Collection Burden by Type of Party

Table III - "Obligated Parties" (Including Refiners and Exporters or Renewable Fuels)

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)

80.1450

(a) New registrations at $103/hour 8 1 8 8 $824 64 $6,592

(d) registration updates and corrections at 

$103/hour 38 1 38 8 $824 304 $31,312

New CDX Registrations at $103/hour 15 1 15 2 $206 30 $3,090

TOTALS 61 61 398 40,994

Assumptions:

150 companies registered as obligated parties

25% registration updates and corrections

5% new obligated party registrations 

10% new CDX registrations by obligated parties
Information Collection Burden by Type of Party

Table IV - Any Party Who Owns/Intends to Own RINS (including blenders, brokers, marketers, etc.) (RIN Owners)

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)

80.1450

(d) Registration updates and corrections 

at $103/hour 238 1 238 2 $206 476 $49,028

(e) New registrations at $103/hour 48 1 48 8 $824 384 $39,552

New CDX Registrations at $103/hour 48 1 48 2 $206 96 $9,888

TOTALS 334 334 956 $98,468

Assumptions:

950 registered RIN owners

25% registration updates and corrections

5% new RIN owner registration applications 

5% new CDX registrations by RIN owners
Information Collection Burden by Type of Party

Table V- Additional Items of Reporting for Foreign RIN Owners

Collection Activity

Number of 

Parties

Number of 

Responses 

per Party

Total Number 

of Responses

Time per 

Response 

(hours)

Cost per 

Response 

(dollars)

Total 

Hours

Total 

Cost

(dollars)

80.1467

New Applications submitted to be a 

foreign RIN owner at $103/hour 1 1 1 1 $103 1 $103

Registration Corrections and updates 

at $103/hour 3 1 3 1 $103 3 $309

New CDX Registrations at $103/hour 1 1 1 1 $103 1 $103

TOTAL 5 5 5 $515

Assumptions:

10 Foreign RIN Owners in party

10% new foreign RIN owner applications 

30% updates and corrections in Registration in CDX
(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, which must 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. We have developed forms for RFS2 reporting to 

include four types, rather than one type, of RIN unlike the RFS1 templates. We have provided 

RFS2 reporting templates as an attachment to this document.

This supporting statement considers all Agency costs associated with accepting new 

registrants and new reports associated with RFS2, as expressed in EPA ICR Number 2333.02.

Using the RFS1, 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 RFS2 may require the 

equivalent labor of one full time GS-13 technical employees for a total of $115,000, and labor 

costs of $54,875 in the clerical category and $19,438 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. Specifically, there is an annual "subscription cost" associated with the use of 

CDX that is passed on to the EPA program office and we estimate that registrants due to RFS2 

will cost our office approximately $200,000 per year in 2013, 2015 and 2015. We anticipate 

$266,666 in annual contract costs related to registration and reporting activities. We anticipate 

IT development and testing costs at $ 600,000 divided by three years to yield an annual cost of 

$200,000. Adding the following values results in an annual estimated Agency burden as follows:

One GS-13 technical employee (full time) = $ 115,000

One GS-7 clerical worker (full-time) = 54,875

One GS-15 manager (1/8 time) = 19,438

Annual CDX subscription fee = 200,000

Annual contract costs = 266,666

Testing and development= 200,000

TOTAL = $855,979

 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

 

1 These estimates are derived from "OPM Salary Table 2012-DCB," effective January 2012. This table may be 

found at http://www.opm.gov/oca/06tables/indexGS.asp. 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.
We were able to estimate the number of regulated entities drawing upon experience 

regulating the same or similar entities. 

(e) Bottom Line Burden Hours and Costs

From the tables, we estimate the following annual totals:

TOTAL NO. OF RESPONDENTS: 1192

TOTAL NO. OF RESPONSES: 1192

TOTAL BURDEN HOURS: 15,707

TOTAL COST TO RESPONDENTS: $ 3,039,221

(f) Reason for Change in Burden

There is a sharp decrease of 43,026 hours in the total estimated respondent burden 

compared to the ICR currently approved by OMB. The total burden hours will decreased from 

58,733 to 15,707 and the total number of responses from 7396 to 1192, both notable drops. This 

decrease was caused by members in the obligated parties once registered not being required to 

re-register their companies in this renewal. New registrations are required if a company aquires 

another or when a new company enters into a party. The requirements of the current members in 

the obligated party are to submit updates and corrections to their current registration when 

needed in CDX. The number in the respondent universe will decreased in all categories for the 

obligated parties thus lessoning the reporting burden for its members.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to be 13 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-2005-0161, 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.

An electronic version of the public docket is available at www.regulations.gov. This site 

can be used 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 identified 

above. 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-2005-0161 and 

OMB Control Number 2060-0637 in any correspondence.

.