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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-UsefulLife 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.
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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 Phone discussion about: The refining industry’s position in EPA’s 
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Leister 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 SparkIgnition 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).
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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 CanadaJody 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 

Phone discussion about the provisions for downstream pentane 

blending into gasoline, and pentane producer batch testing practices.
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Wilson 

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.
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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 FuelsTracey KingE-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 Phone discussion regarding potential recordkeeping requirements for 
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Association – Kelly

Davis

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 

Lester Wyborny, 

Russ Smith and Paul 

Machiele

Representatives of 

Albermarle, ART, 

Axens, CDTech, 

Discussions at the 2013 AFPM Annual Meeting, phone calls and emails to obtain additional information about the costs and other 

implications of FCC feed hydrotreating and postreating. 
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2013 Exxon-Mobil, Haldor 

Topsoe, Merichem, 

Sinopec and UOP

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, 

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. 
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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

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 

Development of an ASTM standard for natural gasoline used as a blend 

component of ethanol flex fuel. 
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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 FarenbackBrateman – Exxon 

Mobil, Leo Bonaparte 

– Marathon, Rodney

Sweeney – OneOk inc.

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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