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NOTE:

DATE: January 15, 2010

TO: Docket EPA-HQ-OAR-2005-0161

FROM: Jeff Herzog, Mechanical Engineer, U.S. EPA

SUBJECT: Department of Energy (DOE) / Environmental Protection Agency (EPA) /

Underwriters Laboratories (UL) Conference Calls on Renewable Fuels 

Retail Distribution Infrastructure

May 13, 2009 Conference Call:

Participants:

Wendy Clark, National Renewable Energy Laboratory (NREL)

Kristi Moriarty, NREL

Marc Goodman, Department of Energy (DOE)

Dennis Smith, DOE

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Ken Boyce, Underwriters Laboratories (UL)

Jeff Herzog, EPA, Office of Transportation and Air Quality (OTAQ)

Discussion Items:

• The actions needed to propose changes to the International Code Council (ICC) 

International Fire Code to accommodate the presence of a mid-level ethanol blend

at fuel retail facilities should a waiver be granted by EPA for a mid-level ethanol 

blend.

• Recent press articles regarding the potential introduction of a mid-level ethanol 

blend at retail facilities.

May 27, 2009 Conference Call:

Participants:

Kristi Moriarty, National Renewable Energy Laboratory (NREL)

Marc Goodman, Department of Energy (DOE)

Dennis Smith, DOE

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Ken Boyce, Underwriters Laboratories (UL)

Jeff Herzog, EPA, Office of Transportation and Air Quality (OTAQ)

Discussion Items:

• Proposal to amend the International Code Council (ICC) International Fire Code

to accommodate the potential presence of mid-level ethanol blends at fuel retail 

facilities.
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• Evaluation by manufactures of on-highway fuel tankers regarding the 

compatibility of aluminum tank vessels for transport of E85.

• Testing plans to evaluate the compatibility of retail fuel dispensers for use with 

mid-level ethanol blends.

June 10, 2009 Conference Call:

Participants:

Wendy Clark, National Renewable Energy Laboratory (NREL)

Kristi Moriarty, NREL

Marc Goodman, Department of Energy (DOE)

Dennis Smith, DOE

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Tim Theiss, Oakridge National Laboratory (ORNL)

Thomas Chapin, Underwriters Laboratories (UL)

Andrea Barbery, EPA, Office of Underground Storage Tanks (OUST)

Fran Kremer, EPA, Office of Research and Development (ORD)

Jeff Herzog, EPA, Office of Transportation and Air Quality (OTAQ)

Discussion Items:

• April 28, 2009 DOE/NREL call with the Petroleum Equipment Institute (PEI),

update on harvesting PEI retail fuel dispenser equipment, and status of mid-level

ethanol test blends.

• Upcoming DOE/NREL meetings with industry associations such as the American 

Petroleum Institute (API), and PEI, regarding testing plans to evaluate the 

suitability of retail fuel dispenser/storage hardware with mid-level ethanol blends 

• History of replacement of retail fuel dispensers, storage tanks etc. 

• Public testimony given at June 9, 2009 at the EPA public hearing on proposed 

increase in the renewable fuel standard

• Recent DOE/NREL call with the Clean Cities Coordinators re testing of retail 

fuel dispenser/storage hardware with mid-level ethanol blends.

July 8, 2009 Conference Call:

Participants:

Teresa Alleman, National Renewable Energy Laboratory (NREL)

Wendy Clark, NREL

Kristi Moriarty, NREL

Michael Cass, Oakridge National Laboratories (ORNL)

Tim Theiss, ORNL

Marc Goodman, Department of Energy (DOE)

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Ken Boyce, Underwriters Laboratories (UL)

Clare Kammer, UL

Andrea Barbery, EPA, Office of Underground Storage Tanks (OUST)

Fran Kremer, EPA, Office of Research and Development (ORD)
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Joseph Sopata, EPA, Office of Transportation and Air Quality (OTAQ)

Jeff Herzog, EPA, OTAQ

Discussion Items:

• Testing plans for above and below ground retail fuel handling 

components to help evaluate the suitability of their use with a mid-level ethanol 

blend.

• Ethanol stakeholders discussion on E15 vs. E85

August 12, 2009 Conference Call:

Participants:

Teresa Alleman, National Renewable Energy Laboratory (NREL)

Wendy Clark, NREL

Kristi Moriarty, NREL

Michael Cass, Oakridge National Laboratories (ORNL)

Tim Theiss, ORNL

Marc Goodman, Department of Energy (DOE)

Alicia Lindor-Thomson, DOE

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Ken Boyce, Underwriters Laboratories (UL)

Clare Kammer, UL

Thomas Chapin, UL

Andrea Barbery, EPA, Office of Underground Storage Tanks (OUST)

Fran Kremer, EPA, Office of Research and Development (ORD)

Jeff Herzog, EPA, Office of Transportation and Air Quality (OTAQ)

Discussion Items:

• Relationship of August 10th announcement by UL of a new certification pathway

for retail fuel dispensers to cover ethanol blends up to E25 to existing UL 

certification requirements that cover up to an E10 blend and those that cover up to 

an E85 blend. 

http://www.ul.com/global/eng/pages/corporate/newsroom/newsitem.jsp?n=ul-announcesnew-certification-path-for-ethanol-fuel_20090810122400

• Status of test program to evaluate the compatibility of retail dispensers and UST 

systems for use with an E15 ethanol blend that were originally certified to handle 

up to an E10 blend

September 2, 2009 Conference Call:

Participants:

Teresa Alleman, National Renewable Energy Laboratory (NREL)

Wendy Clark, NREL

Kristi Moriarty, NREL

Michael Cass, Oakridge National Laboratories (ORNL)

Tim Theiss, ORNL

Marc Goodman, Department of Energy (DOE)
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Dennis Smith, DOE

Alicia Lindor-Thomson, DOE

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Andrea Barbery, EPA, Office of Underground Storage Tanks

Ken Boyce, Underwriters Laboratories (UL)

Clare Kammer, UL

Thomas Chapin, UL

Fran Kremer, EPA, Office of Research and Development

Joe Sopata, EPA, Office of Transportation and Air Quality

Jeff Herzog, EPA, Office of Transportation and Air Quality

Discussion Items:

• Status of test program to evaluate the compatibility of retail dispensers and UST 

systems for use with an E15 ethanol blend that were originally certified to handle 

up to an E10 blend.

• Status requirements for ethanol blender pumps

September 17, 2009 Conference Call:

Participants:

Kristi Moriarty, National Renewable Energy Laboratory (NREL)

Marc Goodman, Department of Energy (DOE)

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Ken Boyce, Underwriters Laboratories (UL)

Joe Sopata, EPA, Office of Transportation and Air Quality

Jeff Herzog, EPA, Office of Transportation and Air Quality

Discussion Items:

• September 16, 2009 meeting between DOE and the American Petroleum 

Institute’s (API’s) Mid-Level Ethanol Blends Research Coordination Group. API

further discussed the continued uncertainty regarding how test data on the 

compatibility of exiting retail fuel equipment with E15 might be used to help 

satisfy Authorities who Have Jurisdiction (AHJ), Occupational Safety and Health 

(OSHA), insurance, and other authorities concerns in the absence of a 

Underwriter’s Laboratories (UL) certification which is normally required. API

discussed their plans to evaluate the compatibility of in-use Stage I vapor 

recovery equipment, storage tanks, and flame arrestors with E15. API also 

discussed their plans to evaluate potential measures to prevent misfueling 

equipment that may not be tolerant of E15 if a partial waiver for E15 is granted. 

API contacted OSHA regarding whether OSHA might be able to accept 

something other than a UL certification to satisfy their requirements for fuel retail 

equipment.
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September 30, 2009 Conference Call:

Participants:

Teresa Alleman, National Renewable Energy Laboratory (NREL)

Kristi Moriarty, NREL

Tim Theiss, Oakridge National Laboratory (ORNL)

Marc Goodman, Department of Energy (DOE)

Kevin Stork, DOE

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Andrea Barbery, EPA, Office of Underground Storage Tanks (OUST)

Ken Boyce, Underwriters Laboratories (UL)

Thomas Chapin, UL

Clare Kammer, UL

Joe Sopata, EPA, Office of Transportation and Air Quality (OTAQ)

Jeff Herzog, EPA, OTAQ

Discussion Items:

• Underground storage tank leak detection protocols

• Update on testing of materials used in retail dispenser equipment for 

compatibility with mid-level ethanol blends

• Marathon’s decision to discontinue sales of E85. DOE/Marathon evaluation of 

potential safety concerns with E85 blends containing 68% ethanol. Implications 

if butane blending is needed to meet minimum ASTM volatility specifications for 

E85. Potential to reduce to the minimum ethanol concentration of ethanol in E85 

below 68%. Potential need for judgement by DOE/FTC that this would be 

necessary/appropriate.

October 14, 2009 Conference Call:

Participants:

Kristi Moriarty, National Renewable Energy Laboratory (NREL)

Tim Theiss, Oakridge National Laboratory (ORNL)

Marc Goodman, Department of Energy (DOE)

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Clare Kammer, Underwriters Laboratories (UL)

Andrea Barbery, EPA, Office of Underground Storage Tanks (OUST)

Jeff Herzog, EPA, Office of Transportation and Air Quality (OTAQ)

Discussion Items:

• Underground storage tank system mid-level blends compatibility testing plans 

• Update on testing of materials used in retail dispenser equipment for 

compatibility with mid-level ethanol blends

• ASTM plans to ballot a change to minimum ethanol specification in ASTM E85 

standard. Current ballot would adjust minimum ethanol specification from 70% 

to 68%. A further adjustment to a lower minimum ethanol concentration is 

expected to be discussed at the upcoming ASTM meeting in December. 
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October 28, 2009 Conference Call:

Participants:

Kristi Moriarty, National Renewable Energy Laboratory (NREL)

Tim Theiss, Oakridge National Laboratory (ORNL)

Marc Goodman, Department of Energy (DOE)

Douglas Horne, Clean Vehicle Education Foundation (CVEF)

Joseph Sopata, EPA, Office of Transportation and Air Quality (OTAQ)

Jeff Herzog, EPA, (OTAQ)

Discussion Items:

• Update on testing of materials used in retail dispenser equipment for 

compatibility with mid-level ethanol blends

• Potential impacts on emissions and equipment durability of misfueling non-flex 

fuel vehicles with E85. DOE related that wrt the short term effects, the vehicle 

can be hard to start and the on-board diagnostics code for misfire or fuel trim may

be activated. In the long term, fuel level senders and fuel pumps could experience 

reduced durability. Some catalyst failures were experienced at high speed when 

the fuel pump started to loose flow capacity. 

• Results of International Code Council (ICC) Association meeting regarding 

changes to the International al Fire Code (IFC) were discussed. The industry

proposal to allow something other than standards body listing to suffice for retail 

fuel dispensing/storage equipment failed. Thus, if a waiver is granted for a midlevel ethanol blend, Authorities who Have Jurisdiction (AHJs) would need to 

grant a waiver of the (IFC) requirement in order for existing retail fuel handling 

equipment (originally certified for E10) to be used for a mid-level ethanol blend.

• Interaction of Energy Policy Act (EPACT) definition of an alternative fuel with 

ASTM minimum ethanol specification for E85. The Department of Energy

(DOE) interprets the definition of an alternative fuel as specified under the 

EPACT. The current ASTM International ballot regarding the minimum ethanol 

concentration for E85 would adjust the minimum ethanol concentration to 68% 

from the current specification of 70% to assist in meeting the minimum volatility

specification for E85. This proposed change would be consistent with the 

minimum ethanol concentration for to meet the definition of an alternative fuel 

under the EPACT as interpreted by DOE. If it is determined the ASTM minimum 

ethanol specification needs to be further reduced, then the resulting fuel may fall 

outside of the definition of an alternative fuel as defined by the EPACT and may

not benefit from the requirements regarding the use of alternative fuel by fleets as 

provided in the EPACT.

January 6, 2010 Conference Call:

Participants:

Wendy Clark, National Renewable Energy Laboratory (NREL)

Teresa Alleman, NREL
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Kristi Moriarty, NREL

Marc Goodman, Department of Energy (DOE)

Dennis Smith, DOE

Michael Cass, Oakridge National Laboratories (ORNL)

Tim Theiss, ORNL

Andrea Barbery, EPA, Office of Underground Storage Tanks (OUST)

Jeff Herzog, EPA, Office of Transportation and Air Quality (OTAQ)

Discussion Items:

• The results of the Coordinating Research Council (CRC) Testing on E85 fuel 

quality, with focus on the prevalence of noncompliance with minimum ASTM 

International vapor pressure specifications.

• The recent meeting of the ASTM committee that is considering changes to the 

minimum ethanol content specification for E85 to facilitate compliance with 

ASTM minimum vapor pressure specifications.