Tier 3 Phone & E-Mail Log

Includes substantive telephone conversations and e-mails between EPA
personnel and non-government stakeholders following signature of the
Tier 3 Notice of Proposed Rulemaking on March 30, 2013 (separate memos
on additional calls/emails have also been docketed individually).

Date	EPA Personnel	Stakeholder	Purpose of Call/E-mail and Topics(s)
Discussed

4/19/13	Paul Machiele	BP - Bob Leidich	Called to discuss response to
Senator Donnelly regarding the BP Whiting refinery

4/22/13	Paul Machiele	BP - Bob Leidich	Follow up on Friday’s
conversation regarding BP’s discussions with Senator Donnelly
regarding the BP Whiting refinery

4/23/2013	Jeff Herzog	American Fuel & Petrochemical Manufacturers (AFPM)
- Tim Hogan	Tim Hogan called to ask when EPA hoped to finalize in-use
fuel quality standards for higher level ethanol blends (i.e., E16-E50
and E51-83).  I related that depending on the comments we receive, EPA
could finalize such standards as part of the Tier 3 final rule or might
defer doing so until a later action. 

4/24/2013	Jeff Herzog	Hart Energy – Paul Niznik	Paul Niznik called to
discuss the proposed sulfur requirements for gasoline additives.

4/24/13	Aron Butler	ICM – Steve Vander Griend	Phone call in response
to his email questions about EPAct/V2/E-89 and EPA Full-Useful-Life PM
studies

4/24/13	Aron Butler	ICM – Steve Vander Griend	Emailed him a copy of
Sobotowski docket memo on EPA Full-Useful-Life PM study 

4/25/13	Alan Stout	Bob Maxwell	Early banking under §86.1811-17(b)(9).

4/29/13	Jeff Herzog	Weaver LLP – Vance Kopp, Ron Chapman, and Bill
Newman	Weaver LLP called to discuss the memo to the docket entitled
“Possible Approach to Fuel Quality Standards for Fuel Used in
Flexible-Fuel Automotive Spark-Ignition Vehicles (FFVs)”.

5/9/13	Aron Butler	ICM, Inc – Steve Vander Griend	Emailed him a copy
of EPA Full-Useful-Life PM study dataset (also placed into the docket)

5/9/13	Jeff Herzog	Innospec – Ian Macmillan	Ian Macmillan called to
discuss the proposed requirements for gasoline additives.

5/22/13	Jeff Herzog, Chris Brunner, Chris McKenna, and Tia Sutton	Weaver
LLP – Vance Kopp, Ron Chapman, Bill Newman, and Greg Stadi	Weaver LLP
called to discuss the following: Butane Blending, E51+ Fuels, RFG/CG
Compliance Pool Volumes, Average Annual Properties, Reporting
Requirements, Attest Report Date Change, Attest Requirements, and RCO
Signature for Sampling.  

5/22/13	Jeff Herzog and Paul Machiele	Renewable Fuels Association-
Kristi Moore and Geoff Cooper	Phone discussion about the memo to the
docket entitled “Possible Approach to Fuel Quality Standards for Fuel
Used in Flexible-Fuel Automotive Spark-Ignition Vehicles (FFVs)”

5/22/13	Alan Stout	Bob Maxwell	PM standards for Interim Tier 3 diesel
vehicles 

5/28	Aron Butler, Paul Machiele, Jim Warila, Rafal Sobotowski	ICM, Inc -
Steve Vander Griend and Greg Krissek	Conference call to discuss EPAct
fuel effects study design and results, focused primarily on the effects
of ethanol on fuel properties and emissions.

5/31/13	Jeff Herzog and Paul Machiele	National Environmental Strategies
– Richard Wilson.

Sunoco Logistics - Keith Buchanan and John Harkins	Phone discussion
about the downstream blending of pentane into gasoline.

6/6/13	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Body of email discusses effects of
ethanol blending on fuel properties and the related emission impacts as
suggested by the EPAct fuel effects study.

6/14/13	Jeff Herzog	Flint Hills Resources - Rita Hardy and Philip
Guilemette	Phone discussion about the memo to the Tier 3 docket on
in-use fuel quality standards for E51-83. 

6/18/13	Jeff Herzog	Marathon – Russ Lewis	Phone discussion about the
potential application of the RVP model referenced in the ASTM standard
for E51-83 to the blending of natural gasoline.  

6/18/13	Jeff Herzog	Marathon – Mike Leister	Phone discussion about:
The refining industry’s position in EPA’s envisioned approach to
setting fuel quality standards for E51-83.   EPA’s legal ability to
finalize in-use standards based on comments solicited in the memo to the
docket entitled “Possible Approach to Fuel Quality Standards for Fuel
Used in Flexible-Fuel Automotive Spark-Ignition Vehicles (FFVs)”.

6/19/13	Jeff Herzog	Marathon – Mike Leister	Phone discussion about:
The refining industry’s position on EPA’s envisioned approach to
setting fuel quality standards for E51-83.   The validation of an
analytical RVP blending model to cover the use of natural gasoline and
butane as a blendstock in the manufacture of E51-83.  Setting
appropriate sulfur and benzene standards for the natural gasoline used
to manufacture E51-83.  EPA’s legal ability to finalize in-use
standards based on comments solicited in the memo to the docket entitled
“Possible Approach to Fuel Quality Standards for Fuel Used in
Flexible-Fuel Automotive Spark-Ignition Vehicles (FFVs)”.

6/19/13	Jeff Herzog	BP – Jim Simnick	Phone discussion about: The
refining industry’s position on EPA’s envisioned approach to setting
fuel quality standards for E51-83.   The validation of an analytical RVP
blending model to cover the use of natural gasoline and butane as a
blendstock in the manufacture of E51-83.  Setting appropriate sulfur and
benzene standards for the natural gasoline used to manufacture E51-83.

6/20/13	Don Kopinski, Tony Fernandez, Glenn Passavant, Alan Stout	EMA--
Bob Jorgensen, Lisa Stegink	EMA staff called to clarify points in the
NPRM regarding heavy-duty engine and vehicle certification, to assist
them in drafting EMA comments

6/21/13	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Text of email discusses calculation
of fuel economy including the R-factor.  Attached a docket memo from
James Warila describing analysis of fuel effects on CO2 emissions based
on the EPAct study data.

6/21/13	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Text of email discusses properties of
test fuels used in E15 full useful life PM study.  Attached are three
documents showing analysis of said test fuels (also placed into the
docket).

7/18/13	Jeff Herzog	Marathon—Jim Ellerbe	Phone discussion about the
qualification of natural gasoline used an E51-83 blending component as
substantially similar as discussed in the memo to the docket entitled
“Possible Approach to Fuel Quality Standards for Fuel Used in
Flexible-Fuel Automotive Spark-Ignition Vehicles (FFVs)”. 

7/22/13	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Attached is a distillation analysis
of a test fuel used in the E15 full useful life PM study (also placed
into the docket).  Text of email is not substantive.

7/28/13	Jeff Herzog	Chrysler – Jim Frusti	Phone discussion about
in-use quality standards for E51-83

7/28/13	Jeff Herzog	GM - Bill Studzinski	Phone discussion about in-use
quality standards for E51-83

7/28/13	Jeff Herzog	Ford – Dominic Dicicco	Phone discussion about
in-use quality standards for E51-83

7/28/13	Jeff Herzog	GM – Coleman Jones	Phone discussion about in-use
quality standards for E51-83

8/20/13	Jeff Herzog, Paul Machiele, Tia Sutton, Lester Wyborny
Environment Canada- Jody Barclay, David Burke, Lisa Ryan, Leif
Stephanson	Video conference discussing Canada’s work on a gasoline
program similar to Tier 3; also discussed (generally) EPA, California,
and Canada’s gasoline standards.  (Following the call EPA sent
Environment Canada information on accessing the public docket system to
access comments received on the Tier 3 proposed rule.)

9/12/13	Jeff Herzog, Paul Machiele	GM – Coleman Jones and Bill
Studzinski

Chrysler – Jim Frusti

Ford – Dominic Dicicco	Phone discussion about the potential in-use
quality standards for E51-83 and the requirements for flexible fuel
vehicle exhaust emissions certification test fuel. 

9/12/13	Jeff Herzog	GM – Coleman Jones	Phone discussion about the use
of a model to demonstrate compliance with E51-83 maximum RVP
requirements

9/13/13	Jeff Herzog	Sunoco Logistics – Keith Buchanan

National Environmental Strategies – Richard Wilson 	Phone discussion
about the provisions for downstream pentane blending into gasoline, and
pentane producer batch testing practices.

9/17/13	Jeff Herzog	Mid-Continent Energy – Larry Mattingly	Larry
Mattingly called to discuss allowing for testing tolerance in the
determination of compliance with a 10ppm sulfur standard for butane.  We
also discussed the potential for allowing butane to meet a sulfur
average as well as a cap standard somewhat higher than 10ppm.   

9/18/13	Jeff Herzog	Mid-Continent Energy – Larry Mattingly	Phone
discussion about the potential application of a testing tolerance
regarding determination of compliance with a 10ppm sulfur standard for
gasoline and gasoline blendstocks.

9/18/13	Jeff Herzog	Environmental Strategies – Richard Wilson	Phone
discussion about the potential application of a testing tolerance
regarding determination of compliance with a 10ppm sulfur standard for
gasoline and gasoline blendstocks.

10/24/13	Jeff Herzog	Sunoco Logistics - Keith Buchanan 	Phone discussion
about the provisions for downstream pentane blending into gasoline and
in-use quality standards for E51-83.

9/24/13	Aron Butler	Alliance of Automobile Manufacturers - Valerie
Ughetta;	Email transmitting publicly-available data from EPA Tier 2
ultra-low sulfur study to Ms. Ughetta.  Email text discusses statements
in API’s comments to the Tier 3 docket that relate to the data.

9/30/13	Aron Butler	Alliance of Automobile Manufacturers - Valerie
Ughetta; Amicus Policy Group – Ellen Shapiro	Conference call to
discuss results of EPA Tier 2 ultra-low sulfur study and how they relate
to API’s comments on the Tier 3 proposal.

10/17/13	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Subjects covered include how fuel
properties may affect elastomeric parts in the fuel system, and possible
explanations for high benzene levels observed in the market under the
current regulatory arrangements.

10/23/13	Aron Butler	Alliance of Automobile Manufacturers - Valerie
Ughetta;	Email transmitting PowerPoint slides containing some
supplemental plots made from the EPA Tier 2 ultra-low sulfur study data,
related to comments and questions that arose during the conference call
on 9/30.  Email text briefly described how the plots were made and what
they show.

10/25/13	Aron Butler	Alliance of Automobile Manufacturers – Valerie
Ughetta; Amicus Policy Group – Ellen Shapiro; General Motors Corp –
Bill Studzinski	Conference call with additional discussion of results of
EPA Tier 2 ultra-low sulfur study and the supplemental plots transmitted
on 10/23.  Conversation also covered the proposed changes to
certification test gasoline properties and how they might be updated for
the final rule.

10/28/13	Aron Butler	Alliance of Automobile Manufacturers – Valerie
Ughetta; Amicus Policy Group – Ellen Shapiro	Email transmitting
updated PowerPoint slides containing minor revisions and clarifications
to the material transmitted on 10/23.  Email text was not substantive.

10/30/13	Jeff Herzog	Renewable Fuels Association – Kelly Davis	Phone
discussion about potential approaches re the demonstration of compliance
with sulfur requirements for denatured fuel ethanol.

11/06/13	Alan Stout	Steve Horetski, GM	Phone discussion about (1) A/C
settings during the running loss test, (2) maximum permissible FELs for
durability testing (line crossing), and (3) applicability of evaporative
emission standards and test methods for natural gas (and dual-fuel)
vehicles.

11/08/13	Jeff Herzog	Halterman Fuels- Tracey King	E-Mail exchange to the
effect that we have nothing further to relate that has not already been
covered in discussions with Halterman regarding the development of Tier
3 gasoline test fuel specifications.

11/14/13	Jeff Herzog	Sunoco Logistics – Keith Buchanan 	Phone
discussion about the compliance assurance requirements associated with
potential provisions to allow downstream blending of pentane into
gasoline. 

11/15/13	Jeff Herzog	Magellan – Bruce Heine	Phone discussion regarding
potential amendments to the requirements for previously certified
gasoline.

11/19/13	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone call to
discuss precision and accuracy criteria for fuel parameter test
procedures used to test pentane.

11/20/13	Jeff Herzog	Renewable Fuels Association – Kelly Davis	Phone
discussion regarding potential recordkeeping requirements for batches of
denatured fuel ethanol. 

11/21/13	Jeff Herzog	Magellan – Bruce Heine	Phone discussion regarding
potential amendments to the requirements for previously certified
gasoline.

11/22/13	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone
discussion regarding enforcement and compliance assurance issues
associated with the potential provisions for downstream blending of
pentane into gasoline.

11/26/13	Jeff Herzog, Chris Brunner	Magellan – Bruce Heine, Todd
Demuth, Nick Huff, James O’Neal, Rod Lawrence	Phone discussion
regarding Magellan’s comments on potential amendments to the
requirements for previously certified gasoline and potential provisions
to allow downstream blending of pentane into gasoline. 

12/3/13	Aron Butler	Brightline Capital – Elson Huang	Email response to
general questions about availability of E15 fuel, interactions between
fuel and vehicle standards

12/05/13	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone
discussion regarding enforcement and compliance assurance issues
associated with the potential provisions for downstream blending of
pentane into gasoline.

12/9/13	Christine Brunner, Aron Butler, Jeff Herzog, Paul Machiele, Tia
Sutton, Lester Wyborny	Environment Canada—Jody Barclay, Jeff Guthrie,
Lisa Ryan, Leif Stephanson	Conference call with Environment Canada (EC).
 EC updated us on their progress with their upcoming gasoline sulfur
rule.  We also discussed aspects of the Tier 2 and Tier 3 gasoline
sulfur programs, namely credit trading and deficit carryforward, and how
these will fit into Canada’s program.

12/17/13	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone
discussion regarding enforcement and compliance assurance issues
associated with the potential provisions for downstream blending of
pentane into gasoline.

12/18/13	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Subjects covered include design of
test fuel matrix and exhaust speciation schedule for EPAct/V2/E-89 test
program.

January through December 2013 	Lester Wyborny, Russ Smith and Paul
Machiele	Representatives of Albermarle, ART, Axens, CDTech, Exxon-Mobil,
Haldor Topsoe, Merichem, Sinopec and UOP	Discussions at the 2013 AFPM
Annual Meeting, phone calls and e-mails to obtain additional information
about the costs and other implications of FCC feed hydrotreating and
postreating. 

1/14/14	Aron Butler	ICM, Inc – Steve Vander Griend	Email reply to
questions from Mr. Vander Griend.  Subjects covered include fuel
blending properties of ethanol and design of test fuel matrix for
EPAct/V2/E-89 test program.

1/15/14	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone discussion
regarding the potential provisions for downstream blending of pentane
into gasoline.

1/16/14	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone discussion
regarding the potential specifications for pentane blended into gasoline
downstream of the refinery.

1/16/14	Jeff Herzog	Andrea Grant – Independent Fuel Terminal Operators
Association	Potential amendments to the testing provisions for importers
of gasoline by tank truck. 

1/17/14	Jeff Herzog	Kelly Davis – Renewable Fuels Association
Allowable denaturants for use in the manufacture of denatured fuel
ethanol.

1/21/14	Jeff Herzog	Kelly Davis – Renewable Fuels Association
Definition of gasoline blendstocks for use as an ethanol denaturant in
the ASTM standard for denatured fuel ethanol. 

1/23/14	Jeff Herzog	Chuck Corr – ADM

Kelly Davis - RFA	Possibility that changes to the ASTM definition of the
gasoline blendstocks that can be used to denature fuel ethanol might
help address potential environmental concerns about the use of
blendstocks with high/benzene aromatics content or liquids that are not
true gasoline blendstocks.  

1/30/14	Jeff Herzog	ASTM workgroup on the ASTM Standard for denatured
fuel ethanol: Joe Sopata – EPA, Chuck Corr – ADM, Kelly Davis –
RFA, Kristi Moore – RFA, Sonia Bain – Marathon, Robert Reynolds –
RFA, Andy Pickard – Nucleus, Alan Morrison – CDFA, Dale Weiss –
Colonial Pipeline, William Spitzley – State of Michigan, Chris Guske
– Tate and Lyle, Jim McGetric – BP, Helen Doherty - Sunoco	Potential
changes to the ASTM definition of the gasoline blendstocks that can be
used to denature fuel ethanol that might help address potential
environmental concerns about the use of blendstocks with high/benzene
aromatics content or liquids that are not true gasoline blendstocks.  

1/30/14	Jeff Herzog	Sunoco Logistics – Keith Buchanan	Phone discussion
regarding the potential provisions for downstream blending of pentane
into gasoline.

2/7/2014	Aron Butler	Alliance of Automobile Manufacturers – Valerie
Ughetta	Phone call to answer questions about changes to emission test
gasoline.

2/10/14	Jeff Herzog	ASTM workgroup on development of an ASTM Standard
for natural gasoline used as a blend component of ethanol flex fuel:
Chuck Corr – ADM, Kelly Davis – RFA, Kristi Moore – RFA, Sonia
Bain – Marathon, Andy Pickard – Nucleus, Doug Rathbun – State of
Illinois, Chris Guske – Tate and Lyle, Jim McGetrick – BP, Marilyn
Herman – Herman & Associates, Lew Gibbs – Consulting Engineer, John
Hawkins – Sunoco Logistics, Coleman Jones – GM, Norman Bradshaw –
OneOk Inc., Steve Vandergrind – ICM Inc., Teresa Alleman – NREL,
Russ Lewis – Marathon, Ben Sweat – POET, Jeff Farenback-Brateman –
Exxon Mobil, Leo Bonaparte – Marathon, Rodney Sweeney – OneOk inc.
Development of an ASTM standard for natural gasoline used as a blend
component of ethanol flex fuel.  

2/12/2014	Alan Stout	Steve Horetski, GM	Lead time for transitioning to
E10 test fuel for refueling and spitback tests.

2/14/2014	Alan Stout	Bob Maxwell	Regulatory provision allowing for
submission of evaporative test data using California’s test
procedures.

2/18/2014	Alan Stout	Steve Horetski, GM	Regulatory provision related to
worst-case test fuel for exhaust and refueling tests.























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