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INFORMATION COLLECTION REQUEST (ICR) 

OMB-83 SUPPORTING STATEMENT 

ENVIRONMENTAL PROTECTION AGENCY 

OFFICE OF AIR & RADIATION 

A. JUSTIFICATION 

1. Identification of the Information Collection

a. Title: Recordkeeping and Reporting for Amended Heating Oil Definition under 

the Renewable Fuels Standard 

EPA Number: 2462.01 

b. Short characterization: 

 With this proposed information collection request (ICR), the Office of Air and 

Radiation (OAR) is seeking permission to require certain recordkeeping and reporting in 

connection with an amendment to the definition of “heating oil” under the renewable fuel 

standard (RFS2) program. The recordkeeping and reporting changes are expected to 

affect 11 non-Federal respondents, including ten producers and one importer. 

 EPA is issuing a direct final rule to amend the definition of heating oil in 40 CFR 

80.1401 in the RFS2 program, under section 211(o) of the Clean Air Act. This 

amendment will expand the scope of renewable fuels that can generate Renewable 

Identification Numbers (RINs) as heating oil to include fuel oil produced from qualifying 

renewable biomass that will be used to generate heat to warm buildings or other facilities 

where people live, work, recreate, or conduct other activities. Fuel oils used to generate 

process heat, power, or other functions will not be included in the amended definition. 

Producers or importers of fuel oil that meets the amended definition of heating oil will be 

allowed to generate RINs, providing that the fuel oil meets the other requirements 

specified in the RFS regulations. This amendment will not modify or limit fuel included 

in the current definition of heating oil at §80.2(ccc). The direct final rule does include 

new recordkeeping and reporting items applicable to producers or importers of fuel oil 

that meet the amended definition. These are described below. 

 It is useful for parties commenting on this proposed ICR to review the existing, 

approved RFS2 information collections related to the RFS2 program, as identified by 

OMB Approval Number and expiration date: 

 Renewable Fuels Standard Program: Petition and Registration, OMB Approval 

Number 2060-0637, Expires 03/31/2013 
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 Renewable Fuels Standard, OMB Approval Number 2060-0640, Expires 

7/31/2012 

 

 

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. The relevant regulations are in 40 CFR Part 80, 

Regulation of Fuels and Fuel Additives. 

 

 b. Practical Utility/Uses of the Data 

 The information collected via registrations and reports is used by EPA to 

determine compliance with the RFS2 program. Records retained by regulated parties 

support compliance information submitted to EPA. 

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

 a. Non-duplication 

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

Where possible, information requirements from various organizations within the Agency 

have been combined to minimize the submittal of duplicate information in different 

formats. The information in this collection will not be available from another source. 

 b. Public Notice 

 EPA will submit the ICR to OMB for review, along with the direct final rule. 

This supporting statement is being docketed in order to permit interested parties to fully 

comment upon the costs associated with the direct final rule. 

 c. Consultations 

 EPA is providing an opportunity for notice and comment regarding this proposed 

ICR. To date, we are aware of only one producer who would be subject to this direct 

finale rule. However, we reasonably anticipate that other RIN generators may also 

choose to engage in activities that may make them subject to the proposed ICR for this 

rule. We encourage all interested parties to provide us with comments as to our burden 

estimates. 

 d. Effects of Less Frequent Data Collection 
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 The frequency of response is controlled by the submitter of the information. 

 e. General Guidelines 

 This rule does not exceed any of the OMB guidelines. 

 f. Confidentiality 

 EPA informs respondents that they may assert claims of business confidentiality 

for any or all of the information they submit. 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 

 

 Individual reporting data may be claimed as sensitive and will be treated as 

confidential information in accordance with the procedures outline in 40 CFR Part 2. 

4. The Respondents and the Information Requested 

 The parties subject to RFS2 information collections 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 Final Rule and associated ICRs, 

we have assumed the following classes of party would have new recordkeeping and 

reporting covered by this supporting statement. The total universe of parties is derived 

from the existing approved RFS2 ICRs, cited above. 

 Producers of renewable fuels - we anticipate that 10 of 1,010 producers, or 

.01%, will engage in activities that will make them subject to new information 

collection requirements outlined in this proposed ICR. 

 Importers - we anticipate that one of the approximately 120 importers will 

engage in activities that will make them subject to this ICR. 

 

 b. Information Requested 

 i. Registration 
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 For the purpose of registration, EPA is requiring producers of the expanded fuel 

oil types to submit to EPA all existing contracts with their prospective clients for 

specified quantities of fuel oil that the prospective client intends to purchase from the 

producer for the purpose of heating homes or buildings. The submission of the contracts 

will help EPA to verify the potential volumes the producer is requesting to register under 

the program for RIN generation. EPA recognizes that the producer may not have all 

contracts set up prior to registration that will equate to the facility’s permitted capacity or 

actual peak capacity as defined in §80.1401 of the rule that is currently used by EPA to 

establish a facility’s baseline volume for registration purposes. EPA also recognizes that 

it will not be practical for program implementation to require these producers to 

continually submit new and revised contracts for every client to the EPA, and for EPA to 

continually update the producer’s registered baseline volume based on these contracts to 

reflect every gallon of fuel oil produced up to the facility’s permitted capacity or actual 

peak capacity. Therefore, EPA is allowing the producer of the expanded fuel oil types to 

establish their facility’s baseline volume in the same manner as all other producers under 

the RFS program, e.g., based on the facility’s permitted capacity or actual peak capacity. 

However, we are also adopting additional requirements for the submission of contracts 

executed prior to registration, as a means to verify the initial volumes that will be sold for 

heating purposes as defined in paragraph (2) of the amended definition of heating oil. 

EPA is also requiring submissions of new and revised contracts that are executed after 

registration on an annual basis as part of the producer’s update to their registration. 

Additionally, we are adopting new recordkeeping, PTD and reporting requirements 

discussed below that will be used as a means for verification of the remaining gallons up 

to the facility’s registered baseline volume. The registration requirements are detailed in 

the registration section in §80.1450(b)(1)(ix). 

 ii. Recordkeeping, Product Transfer Documents and Reporting 

 For the purpose of continued verification after registration, EPA is adopting 

additional requirements for recordkeeping in §80.1454(b)(6) and (7), PTDs in 

§80.1453(d) and reporting requirements in §80.1451(b)(1)(ii)(T) for the expanded fuel oil 

types. 

 The recordkeeping, PTD and reporting requirements will ensure that the expanded 

fuel oil types that are used to generate RINs are actually used in a qualifying application. 

The regulations will require contracts between the fuel oil producer and the final end user 

for the legal transfer of title of a specific volume of fuel oil that is designated for use, and 

is actually used, only for the purpose of heating interior spaces of homes or buildings to 

control ambient climate for human comfort. For instance, the additional recordkeeping 

requirements will stipulate that the producer of fuel oils maintain documents associated 

with each gallon of fuel oil that is under contract for sale and is sold to all of its clients, 

and affidavits from the client stipulating that they are using the fuel oil for purposes of 

heating interior spaces of buildings where people live, work, recreate, or conduct other 

activities to control ambient climate for human comfort. Additionally, producers are 

required to maintain all documents and records submitted for registration and registration 
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updates as part of the producer’s recordkeeping requirements for the expanded fuel oil 

types they register for RIN generation. EPA believes the producer’s maintenance of these 

records will help to substantiate continued tracking and verification that the end use of 

the fuel oil is in compliance with the stipulations of the expanded definition of heating 

oil. 

 The additional PTD requirement stipulates that the PTD used to transfer 

ownership of the renewable fuel must contain the statement: “This volume of renewable 

fuel is designated and intended to be used to heat interior spaces of homes or buildings. 

Do not use for any other purpose.” EPA believes that this PTD requirement would help to 

ensure that each gallon of fuel oil that is transferred from the producer to the end user is 

used for qualifying purposes under the expanded definition of heating oil. 

 The additional reporting requirements will stipulate that the producer of fuel oils 

report to EPA the total quantity of the fuel oils produced and sold to all its clients for 

qualifying purposes and the total volume produced or sold that did not qualify for RIN 

generation, including an explanation of why these volumes of fuel oil did not qualify and 

to what entity were the volumes eventually sold. EPA believes the additional 

requirement to report the total gallons sold by the producers of fuel oils as well as the 

total gallons produced or sold that did not qualify for RIN generation will enable EPA to 

verify that the producers are producing and selling RIN-generating fuel oil that falls 

within their allowable volume that is registered under the program and that it is used in a 

qualified application. 

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

Information Management 

a. Agency Activities 

 All reported registration and compliance reports will be reviewed by EPA. 

 EPA may discuss information received with parties or request further 

information. 

 The data will be stored. 

b. Collection and Methodology and Management 

 Because of the subjective (i.e., produce specific) nature of the additional 

information requested, there can be no standard forms. However, EPA’s regulations 

guide the regulated parties in what to submit and retain. PTDs are standard formats and 

are customary business practice within the fuel industry. 

 

c. Small Entity Flexibility 

 This collection will not adversely affect small entities. We expect this proposed 

ICR to affect very few parties, who elect to produce fuel subjected to the amended 

definition of heating oil. 
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d. Collection Schedule 

 The collection schedule is driven by the party. Therefore it is best described as 

“infrequent” or “episodic.” 

6. Estimating the Burden and Cost of Collection

a. We drew upon experience implementing similar regulations among the same 

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

above, we anticipate that 10 producers of renewable fuel and one producer may be 

subject to the proposed recordkeeping and reporting. 

 

b. Three labor categories are involved: managerial (includes legal and professional 

review), technical, and clerical. The estimates use the Bureau of Labor Statistics figures 

from "Employer Costs for Employee Compensation - Table 12 - Private Industry, 

Manufacturing, and Non-Manufacturing Industries by Occupational Group” (December 

2003), 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 $53.87 per hour 

Technical $35.29 per hour 

Clerical $24.56 per hour 

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

rounding up to the dollar, gives the following rates for this proposed ICR: 

Total Employer Cost

Managerial $108 per hour 

Technical $71 per hour 

Clerical $49 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 $71 per hour, 

which will be used in this ICR. We estimate the following burden: 
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Table I – Detailed Estimates –RIN Generators (10 producers, one importer) of 

Renewable Fuel Meeting the Amended Heating Oil Definition; 

broken down by party. 

a. PRODUCERS 

Collection 

Activity 

Total 

Number 

of 

Respondents

Number 

of 

Responses 

per 

Respondent

Total 

Number 

of 

Responses

(All 

Respondents) 

Hours 

Per 

Response 

Total 

Hours 

(All 

Respondents) 

Total 

Cost 

$ 

(All 

Respon-dents) 

New registration 

activity - provision 

of existing contracts 

to EPA under 

80.1450(b)(1)(ix)(A 

10 1 10 4 40 $2840 

New registration 

activity – provision 

of affidavit from the 

producer under 

80.1450(b)(1)(ix)(B) 

10 1 10 4 40 $2840 

New registration 

activity – provision 

of affidavit from the 

end user under 

80.1450(b)(1)(ix)(C) 

10 1 10 4 40 $2840 

New registration 

activity – provision 

of list of clients under 

80.1450(b)(1)(ix)(D) 

10 1 10 4 40 $2840 

New registration 

activity – provision 

of 

analysis/specification 

for fuel by producer 

under 

80.1450(b)(1)(ix)(E) 

10 1 10 4 40 $2840 

Affixing of required 

statement for use on 

PTDs (note: codes 

10 12 

(assumes 3 

customers 

120 .08 (5 

minutes 

per 

9.6 $681 
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are not appropriate, 

since statement must 

appear) under 

80.1453 

and 4 

quarterly 

shipments 

per 

respondent)

response) 

Retention of records

related to registration 

under 80.1454(b)(6) 

10 12 

(assumes a 

monthly 

filing 

schedule) 

120 1 120 $8520 

Retention of records

related to contracts, 

clients, certificate of 

analysis, under 

80.1454(b)(7) 

10 12 

(assumes a 

monthly 

filing 

schedule) 

120 1 120 $8520 

TOTAL 410 449.6 $31921.00 

b. IMPORTERS 

Collection Activity Total 

Number 

of 

Respondents

Number of 

Responses 

per 

Respondent

Total 

Number 

of 

Responses

(All 

Respondents) 

Hours 

Per 

Response 

Total 

Hours 

(All 

Respondents) 

Total 

Cost 

$ 

(All 

Respon-dents) 

New registration 

activity - provision 

of existing contracts 

to EPA under 

80.1450(b)(1)(ix)(A 

1 1 1 4 4 $284 

New registration 

activity – provision 

of affidavit from the 

producer under 

80.1450(b)(1)(ix)(B) 

1 1 1 4 4 $284 

New registration 

activity – provision 

of affidavit from the 

end user under 

80.1450(b)(1)(ix)(C) 

1 1 1 4 4 $284 

New registration 

activity – provision 

1 1 1 4 4 $284 
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of list of clients under 

80.1450(b)(1)(ix)(D) 

New registration 

activity – provision 

of 

analysis/specification 

for fuel by producer 

under 

80.1450(b)(1)(ix)(E) 

1 1 1 4 4 $284 

Affixing of required 

statement for use on 

PTDs (note: codes 

are not appropriate, 

since statement must 

appear) under 

80.1453 

1 12 

(assumes 3 

customers 

and 4 

quarterly 

shipments 

per 

respondent)

12 .08 (5 

minutes 

per 

response) 

0.96 $68 

Retention of records 

related to registration 

under 80.1454(b)(6) 

1 12 12 

(assumes 

a monthly 

filing 

schedule) 

1 12 $852 

Retention of records 

related to contracts, 

clients, certificate of 

analysis, under 

80.1454(b)(7) 

1 12 12 

(assumes 

a monthly 

filing 

schedule) 

1 12 $852 

TOTAL 41 44.96 $3192.00 

c. Estimating the Agency Burden and Cost 

 The Agency burden consists of 0.05 of one GS-13 engineer (estimated at 

$161,000 including overhead to review/respond/store data, for a total of $8,050. 

d. Estimating the Respondent Universe 

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

experience regulating the same entities. 

e. Bottom Line Annual Burden Hours and Costs 

 We estimate a total annual burden for all RIN generators (10 producers plus one 

importer) of 495 hours and $35,145. There are a total of 11 respondents. Therefore, 

there is an annual burden per respondent of 45 hours and $2869 per respondent. Note 

that figures have been rounded up to the next whole hour or dollar. 
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f. Reason for Change in Burden 

 This is a new information collection. 

g. Burden Statement 

 

 We estimate an annual reporting burden of 21 hours per respondent and an annual 

recordkeeping burden of 24 hours, yielding a total per respondent burden of 45 hours. 

The respondents for this information collection are RIN generators, of whom ten are 

assumed to be producers and one is assumed to be an importer, as described above. 

 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 the instructions; develop, acquire, install, and 

utilize technology and systems for the purpose 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 

transit 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. 

 Interested parties are urged to comment on the Agency's need for this information 

collection, the accuracy of the provided burden estimates, and any suggested methods for 

minimizing respondent burden, including the use of automated collection technique. 

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, EPA has established a public docket for this rule, which includes this ICR. 

Submit any comments related to the ICR to EPA and OMB. Send comments to OMB at 

the Office of Information and Regulatory Affairs, Office of Management and Budget, 

725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Since 

OMB is required to make a decision concerning the ICR between 30 and 60 days after 

publication in the Federal Register, a comment to OMB is best assured of having its full 

effect if OMB receives it within 30 days of publication. The final rule will respond to 

any OMB or public comments on the information collection requirements contained in 

this proposal. 

Part B of the Supporting Statement
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This part of the supporting statement is not applicable.