Requires the Administrator to promulgate regulations to ensure that reductions of toxic air pollutant emissions and aromatic hydrocarbon content achieved under the reformulated gasoline program before this Act's enactment are maintained in States for which the oxygenate requirement is waived or to apply a specified alternative performance standard to reformulated gasoline sold in such States.
(Sec. 3) Authorizes the Administrator to control the sale or introduction into commerce of any fuel or fuel additive that causes or contributes to air or water pollution that may be anticipated to endanger public health or welfare. Permits States not subject to a prohibition on enforcement of certain State emission control standards to prescribe such control on fuel or fuel additives for water quality protection purposes.
Requires the Administrator to ban the use of methyl tertiary butyl ether (MTBE) in gasoline. Authorizes the Administrator to establish a schedule to phase out the use of MTBE preceding such ban.
(Sec. 4) Authorizes the Administrator to approve a revision of a State implementation plan that excludes an area from a waiver from Reid vapor pressure requirements provided for ethanol if: (1) the State demonstrates that increases in volatile organic compound emissions resulting from the waiver significantly interfere with attainment or maintenance of the national ambient air quality standard for ozone; and (2) the Administrator determines the exclusion to be reasonable and practicable.
(Sec. 5) Directs (currently, authorizes) the Administrator, for purposes of registration of fuels or fuel additives and on a regular basis, to require manufacturers of such fuels or additives to conduct tests to determine potential public health and environmental effects (currently, public health effects) of the fuel or additive and to meet other existing requirements.
(Sec. 6) Requires motor vehicle fuel sold in the United States in 2008 and thereafter to be comprised (on a six-month average basis) of a specified percentage of clean alternative fuel. Phases in such percentage requirement, to require motor vehicle fuel to contain 1.5 percent clean alternative fuel in 2011 and thereafter.
Requires all motor vehicle fuel sold in the United States during 2002 through 2007 to contain, on a six-month average basis, a specified percentage of renewable fuel. Phases in the percentage requirement, to require fuel to contain 1.1 percent renewable fuel by 2007.
Authorizes credit trading programs to permit persons who refine, blend, or import motor vehicle fuel with more than the required clean alternative or renewable fuel content or who manufacture certain energy-efficient vehicles to use or transfer such credits to others for compliance purposes. Permits the use of the vehicle manufacturer credits to provide any portion of the non-Federal share required for an alternative fuel project under Federal-aid highway provisions regarding the congestion mitigation and air quality improvement program or a voluntary supply commitment under the Energy Policy Act of 1992.
Provides for a temporary waiver of this section's requirements upon State petition if: (1) implementation would severely harm the economy or environment of a State, region, or the United States; or (2) there is an inadequate domestic supply or distribution capacity to meet such requirements. Authorizes exemptions from such requirements for small refiners.
Makes violators of this section subject to civil penalties under the CAA.
(Sec. 7) Authorizes the Administrator to approve State implementation plan revisions that apply a prohibition on the sale of conventional gasoline in covered areas (areas requiring the use of reformulated gasoline) to a nonclassified area.
(Sec. 8) Amends the Solid Waste Disposal Act to authorize the EPA Administrator and States to use funds from the Leaking Underground Storage Tank Trust Fund to: (1) carry out corrective actions with respect to a release of MTBE that presents a risk to human health or welfare or the environment; and (2) conduct inspections, issue orders, or bring actions under the underground storage tank regulation program. Authorizes appropriations.
(Sec. 9) Directs the Administrator to publish analyses of: (1) the changes in emissions of air pollutants and air quality due to the use of motor vehicle fuel and fuel additives resulting from the implementation of this Act; and (2) the effects of motor vehicle fuel and fuel additives on public health and the environment.
Requires the Administrator to publish regulations establishing performance requirements to ensure that, as compared with emissions due to the use of motor vehicle fuel and fuel additives during the period of 1998 through 2000, emissions due to the use of such fuel and additives will not be significantly greater on a per-gallon average basis in any region or cause air quality to be significantly worse in any region.
Directs the Administrator to publish regulations establishing performance requirements for such fuel and additives, the use of such fuel and additives, and motor vehicles that are necessary to ensure adequate public health and environmental protection and to achieve specific reductions in the use of compounds or associated emission products that pose the greatest human health risk.
Requires the Administrator to finalize an emissions model that reflects the effects of fuel characteristics or components on emissions from vehicles in the motor vehicle fleet during 2005.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2962 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2962
To amend the Clean Air Act to address problems concerning methyl
tertiary butyl ether, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2000
Mr. Smith of New Hampshire introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act to address problems concerning methyl
tertiary butyl ether, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reformulated Fuels Act of
2000''.
SEC. 2. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE.
Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is
amended--
(1) by striking ``Within 1 year after the enactment of the
Clean Air Act Amendments of 1990,'' and inserting the
following:
``(A) In general.--Not later than November 15,
1991,''; and
(2) by adding at the end the following:
``(B) Waiver of oxygen content requirement.--
``(i) Authority of the governor.--
``(I) In general.--Notwithstanding
any other provision of this subsection,
a Governor of a State, upon
notification by the Governor to the
Administrator during the 90-day period
beginning on the date of enactment of
this subparagraph, may waive the
application of paragraphs (2)(B) and
(3)(A)(v) to gasoline sold or dispensed
in the State.
``(II) Opt-in areas.--A Governor of
a State that submits an application
under paragraph (6) may, as part of
that application, waive the application
of paragraphs (2)(B) and (3)(A)(v) to
gasoline sold or dispensed in the
State.
``(ii) Treatment as reformulated
gasoline.--In the case of a State for which the
Governor invokes the waiver described in clause
(i), gasoline that complies with all provisions
of this subsection other than paragraphs (2)(B)
and (3)(A)(v) shall be considered to be
reformulated gasoline for the purposes of this
subsection.
``(iii) Effective date of waiver.--A waiver
under clause (i) shall take effect on the
earlier of--
``(I) the date on which the
performance standard under subparagraph
(C) takes effect; or
``(II) the date that is 270 days
after the date of enactment of this
subparagraph.
``(C) Maintenance of toxic air pollutant emission
reductions.--
``(i) In general.--As soon as practicable
after the date of enactment of this
subparagraph, the Administrator shall--
``(I) promulgate regulations
consistent with subparagraph (A) and
paragraph (3)(B)(ii) to ensure that
reductions of toxic air pollutant
emissions achieved under the
reformulated gasoline program under
this section before the date of
enactment of this subparagraph are
maintained in States for which the
Governor waives the oxygenate
requirement under subparagraph (B)(i);
or
``(II) determine that the
requirement described in clause (iv)--
``(aa) is consistent with
the bases for a performance
standard described in clause
(ii); and
``(bb) shall be deemed to
be the performance standard
under clause (ii) and shall be
applied in accordance with
clause (iii).
``(ii) Performance standard.--The
Administrator, in regulations promulgated under
clause (i)(I), shall establish an annual
average performance standard based on--
``(I) compliance survey data;
``(II) the annual aggregate
reductions in emissions of toxic air
pollutants achieved under the
reformulated gasoline program during
calendar years 1998 and 1999,
determined on the basis of the volume
of reformulated gasoline containing
methyl tertiary butyl ether that is
sold throughout the United States; and
``(III) such other information as
the Administrator determines to be
appropriate.
``(iii) Applicability.--
``(I) In general.--The performance
standard under clause (ii) shall be
applied on an annual average refinery-
by-refinery basis to all reformulated
gasoline that is sold or introduced
into commerce by the refinery in a
State for which the Governor waives the
oxygenate requirement under
subparagraph (B)(i).
``(II) More stringent
requirements.--The performance standard
under clause (ii) shall not apply to the extent that any requirement
under section 202(l) is more stringent than the performance standard.
``(III) State standards.--The
performance standard under clause (ii)
shall not apply in any State that has
received a waiver under section 209(b).
``(IV) Credit program.--The
Administrator shall provide for the
granting of credits for exceeding the
performance standard under clause (ii)
in the same manner as provided in
paragraph (7).
``(iv) Statutory performance standard.--
``(I) In general.--Subject to
subclause (III), if the regulations
under clause (i)(I) have not been
promulgated by the date that is 270
days after the date of enactment of
this subparagraph, the requirement
described in subclause (II) shall be
deemed to be the performance standard
under clause (ii) and shall be applied
in accordance with clause (iii).
``(II) Toxic air pollutant
emissions.--The aggregate emissions of
toxic air pollutants from baseline
vehicles when using reformulated
gasoline shall be 27.5 percent below
the aggregate emissions of toxic air
pollutants from baseline vehicles when
using baseline gasoline.
``(III) Subsequent regulations.--
The Administrator may modify the
performance standard established under
subclause (I) through promulgation of
regulations under clause (i)(I).''.
SEC. 3. SALE OF GASOLINE CONTAINING MTBE.
Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is
amended--
(1) in paragraph (1)(A)--
(A) by inserting ``fuel or fuel additive or'' after
``Administrator any''; and
(B) by striking ``air pollution which'' and
inserting ``air pollution, or water pollution, that'';
(2) in paragraph (4)(B), by inserting ``or water quality
protection,'' after ``emission control,''; and
(3) by adding at the end the following:
``(5) Determination by the administrator whether to ban use
of mtbe.--
``(A) In general.--Not later than 4 years after the
date of enactment of this paragraph, the Administrator
shall ban use of methyl tertiary butyl ether in
gasoline unless the Administrator determines that the
use of methyl tertiary butyl ether in accordance with
paragraph (6) poses no substantial risk to water
quality, air quality, or human health.
``(B) Regulations concerning phase-out.--The
Administrator may establish by regulation a schedule to
phase out the use of methyl tertiary butyl ether in
gasoline during the period preceding the effective date
of the ban under subparagraph (A).
``(6) Limitations on sale of gasoline containing mtbe.--
``(A) In general.--Subject to subparagraph (B), if
the Administrator makes the determination described in
paragraph (5), for the fourth full calendar year that
begins after the date of enactment of this paragraph
and each calendar year thereafter--
``(i) the quantity of gasoline sold or
introduced into commerce during the calendar
year by a refiner, blender, or importer of
gasoline shall contain on average not more than
1 percent by volume methyl tertiary butyl
ether; and
``(ii) no person shall sell or introduce
into commerce any gasoline that contains more
than a specified percentage by volume methyl
tertiary butyl ether, as determined by the
Administrator by regulation.
``(B) Regulations concerning trading.--
``(i) In general.--The Administrator may
promulgate regulations that provide for the
granting of an appropriate amount of credits to
a person that refines, blends, or imports, and
certifies to the Administrator, gasoline or a
slate of gasoline that has a methyl tertiary
butyl ether content that is less than the
maximum methyl tertiary butyl ether content
specified in subparagraph (A)(i).
``(ii) Use of credits.--The regulations
promulgated under clause (i) shall provide that
a person that is granted credits may use the
credits, or transfer all or a portion of the
credits to another person, for the purpose of
complying with the maximum methyl tertiary
butyl ether content requirement specified in
subparagraph (A)(i).
``(iii) Maximum annual limitation.--The
regulations promulgated under clause (i) shall
ensure that the total quantity of gasoline sold
or introduced into commerce during any calendar
year by all refiners, blenders, or importers
contains on average not more than 1 percent by
volume methyl tertiary butyl ether.
``(C) Temporary waiver of limitations.--
``(i) In general.--If the Administrator, in
consultation with the Secretary of Energy,
finds, on the Administrator's own motion or on petition of any person,
that there is an insufficient domestic capacity to produce or import
gasoline, the Administrator may, in accordance with section 307,
temporarily waive the limitations imposed under subparagraph (A).
``(ii) Duration of reduction.--
``(I) In general.--A waiver under
clause (i) shall remain in effect for a
period of 15 days unless the
Administrator, in consultation with the
Secretary of Energy, finds, before the
end of that period, that there is
sufficient domestic capacity to produce
or import gasoline.
``(II) Extension.--Upon the
expiration of the 15-day period under
subclause (I), the waiver may be
extended for an additional 15-day
period in accordance with clause (i).
``(iii) Deadline for action on petitions.--
The Administrator shall act on any petition
submitted under clause (i) within 7 days after
the date of receipt of the petition.
``(iv) Inapplicability of certain
requirements.--Section 307(d) of this Act and
sections 553 through 557 of title 5, United
States Code, shall not apply to any action on a
petition submitted under clause (i).
``(v) State authority.--At the option of a
State, a waiver under clause (i) shall not
apply to any area with respect to which the
State has exercised authority under any other
provision of law (including subparagraph (D))
to limit the sale or use of methyl tertiary
butyl ether.
``(D) State petitions to eliminate use of mtbe.--
``(i) In general.--A State may submit to
the Administrator a petition requesting
authority to eliminate the use of methyl
tertiary butyl ether in gasoline sold or
introduced into commerce in the State in order
to protect air quality, water quality, or human
health.
``(ii) Deadline for action on petitions.--
The Administrator shall grant or deny any
petition submitted under clause (i) within 180
days after the date of receipt of the
petition.''.
SEC. 4. CONVENTIONAL GASOLINE.
(a) In General.--Section 211(k)(1) of the Clean Air Act (42 U.S.C.
7545(k)(1)) (as amended by section 2) is amended by adding at the end
the following:
``(D) Conventional gasoline.--
``(i) In general.--Not later than October
1, 2007--
``(I) the Administrator shall
determine whether the use of
conventional gasoline during the period
of calendar years 2005 and 2006
resulted in a greater volume of
emissions of criteria air pollutants
listed under section 108, and
precursors of those pollutants,
determined on the basis of a weighted
average of those pollutants and
precursors, than the volume of such
emissions during the period of calendar
years 1998 and 1999; and
``(II) if the Administrator
determines that a significant increase
in emissions occurred, the
Administrator shall promulgate such
regulations concerning the use of
conventional gasoline as are
appropriate to eliminate that increase.
``(ii) Applicability to certain states.--
The Administrator shall make the determination
under clause (i)(I) without regard to, and the
regulations promulgated under clause (i)(II)
shall not apply to, any State that has received
a waiver under section 209(b).''.
(b) Elimination of Ethanol Waiver.--Section 211(h) of the Clean Air
Act (42 U.S.C. 7545(h)) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL
ADDITIVES.
Section 211(b)(2) of the Clean Air Act (42 U.S.C. 7545(b)(2)) is
amended--
(1) by striking ``may also'' and inserting ``shall, on a
regular basis,''; and
(2) by striking subparagraph (A) and inserting the
following:
``(A) to conduct tests to determine potential
public health and environmental effects of the fuel or
additive (including carcinogenic, teratogenic, or
mutagenic effects); and''.
SEC. 6. COMPREHENSIVE FUEL STUDY.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
(1) by redesignating subsection (o) as subsection (p); and
(2) by inserting after subsection (n) the following:
``(o) Comprehensive Fuel Study.--
``(1) In general.--Not later than 5 years after the date of
enactment of this paragraph and every 5 years thereafter, the
Administrator shall submit to Congress a report--
``(A) describing reductions in emissions of
criteria air pollutants listed under section 108, or
precursors of those pollutants, that result from
implementation of this section;
``(B) describing reductions in emissions of toxic
air pollutants that result from implementation of this
section;
``(C) in consultation with the Secretary of Energy,
describing reductions in greenhouse gas emissions that
result from implementation of this section; and
``(D)(i) describing regulatory options to achieve
reductions in the risk to public health and the
environment posed by fuels and fuel additives--
``(I) taking into account the production,
handling, and consumption of the fuels and fuel
additives; and
``(II) focusing on options that reduce the
use of compounds or associated emission
products that pose the greatest risk; and
``(ii) making recommendations concerning any
statutory changes necessary to implement the regulatory
options described under clause (i).
``(2) Life cycle emissions analysis.--In determining
criteria air pollutant and greenhouse gas emission reductions
under paragraph (1), the Administrator shall take into account
the emissions resulting from the various fuels and fuel
additives used in the implementation of this section over the
entire life cycle of the fuels and fuel additives.''.
SEC. 7. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED GASOLINE PROGRAM.
Section 211(k)(6) of the Clean Air Act (42 U.S.C. 7545(k)(6)) is
amended--
(1) by striking ``(6) Opt-in areas.--(A) Upon'' and
inserting the following:
``(6) Opt-in areas.--
``(A) Classified areas.--
``(i) In general.--Upon'';
(2) in subparagraph (B), by striking ``(B) If'' and
inserting the following:
``(ii) Effect of insufficient domestic
capacity to produce reformulated gasoline.--
If'';
(3) in subparagraph (A)(ii) (as so redesignated)--
(A) in the first sentence, by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(B) in the second sentence, by striking ``this
paragraph'' and inserting ``this subparagraph''; and
(4) by adding at the end the following:
``(B) Nonclassified areas.--
``(i) In general.--In accordance with
section 110, a State may submit to the
Administrator, and the Administrator may
approve, a State implementation plan revision
that provides for application of the
prohibition specified in paragraph (5) in any
portion of the State that is not a covered area
or an area referred to in subparagraph (A)(i).
``(ii) Period of effectiveness.--Under
clause (i), the State implementation plan shall
establish a period of effectiveness for
applying the prohibition specified in paragraph
(5) to a portion of a State that--
``(I) commences not later than 1
year after the date of approval by the
Administrator of the State
implementation plan; and
``(II) ends not earlier than 4
years after the date of commencement
under subclause (I).''.
SEC. 8. LEAKING UNDERGROUND STORAGE TANKS.
(a) Use of LUST Funds for Remediation of MTBE Contamination.--
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is
amended--
(1) in paragraph (7)(A), by striking ``paragraphs (1) and
(2) of this subsection,'' and inserting ``paragraphs (1), (2),
and (12),''; and
(2) by adding at the end the following:
``(12) Remediation of mtbe contamination.--
``(A) In general.--The Administrator and the States
may use funds made available under subparagraph (B) to
carry out corrective actions with respect to a release
of methyl tertiary butyl ether that presents a risk to
human health, welfare, or the environment.
``(B) Applicable authority.--Subparagraph (A) shall
be carried out--
``(i) in accordance with paragraph (2); and
``(ii) in the case of a State, in a manner
consistent with a cooperative agreement entered
into by the Administrator and the State under
paragraph (7).
``(C) Authorization of appropriations.--There is
authorized to be appropriated from the Leaking
Underground Storage Tank Trust Fund to carry out subparagraph (A)
$200,000,000 for fiscal year 2001, to remain available until
expended.''.
(b) Release Prevention.--Subtitle I of the Solid Waste Disposal Act
(42 U.S.C. 6991 et seq.) is amended--
(1) by redesignating section 9010 as section 9011; and
(2) by inserting after section 9009 the following:
``SEC. 9010. RELEASE PREVENTION.
``(a) Implementation of Preventative Measures.--The Administrator
(or a State pursuant to section 9003(h)(7)) may use funds appropriated
from the Leaking Underground Storage Tank Trust Fund for--
``(1) necessary expenses directly related to the
implementation of section 9003(h);
``(2) enforcement of--
``(A) this subtitle;
``(B) a State program approved under section 9004;
or
``(C) State requirements regulating underground
storage tanks that are similar or identical to this
subtitle; and
``(3) inspection of underground storage tanks.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated from the Leaking Underground Storage Tank Trust Fund to
carry out subsection (a)--
``(1) $50,000,000 for fiscal year 2001; and
``(2) $30,000,000 for each of fiscal years 2002 through
2005.''.
(c) Technical Amendments.--
(1) Section 1001 of the Solid Waste Disposal Act (42 U.S.C.
prec. 6901) is amended by striking the item relating to section
9010 and inserting the following:
``Sec. 9010. Release prevention.
``Sec. 9011. Authorization of appropriations.''.
(2) Section 9001(3)(A) of the Solid Waste Disposal Act (42
U.S.C. 6991(3)(A)) is amended by striking ``sustances'' and
inserting ``substances''.
(3) Section 9003(f)(1) of the Solid Waste Disposal Act (42
U.S.C. 6991b(f)(1)) is amended by striking ``subsection (c) and
(d) of this section'' and inserting ``subsections (c) and
(d)''.
(4) Section 9004(a) of the Solid Waste Disposal Act (42
U.S.C. 6991c(a)) is amended in the first sentence by striking
``referred to'' and all that follows and inserting ``referred
to in subparagraph (A) or (B), or both, of section 9001(2).''.
(5) Section 9005 of the Solid Waste Disposal Act (42 U.S.C.
6991d) is amended--
(A) in subsection (a), by striking ``study taking''
and inserting ``study, taking'';
(B) in subsection (b)(1), by striking ``relevent''
and inserting ``relevant''; and
(C) in subsection (b)(4), by striking
``Evironmental'' and inserting ``Environmental''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7850-7853)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S7853-7855)
Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Environment and Public Works. Reported by Senator Smith, of NH with an amendment in the nature of a substitute. With written report No. 106-426. Additional and Minority views filed.
Committee on Environment and Public Works. Reported by Senator Smith, of NH with an amendment in the nature of a substitute. With written report No. 106-426. Additional and Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 845.
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