Amends the Clean Air Act to authorize any State for which a waiver is in effect allowing application of State motor vehicle emissions standards to impose a control on any fuel or fuel additive for the purpose of water quality protection. Requires the Administrator of the Environmental Protection Agency to ban the use of MTBE in motor fuel within four years of this Act's enactment.
Authorizes a State Governor, upon notification of the Administrator, to waive oxygen content requirements for reformulated gasoline sold or dispensed in the State. Considers gasoline that complies with all other requirements for reformulated gasoline other than those regarding oxygen content to be reformulated gasoline. Requires regulations to: (1) ensure that toxic air pollutant emissions reductions achieved under the reformulated gasoline program are maintained in such States; and (2) establish performance standards.
Requires the Administrator to: (1) conduct tests to determine health and environmental effects of fuels and additives and a separate study on the effects of using ethyl tertiary butyl ether and other ethers as a substitute for MTBE; (2) publish an analysis of air quality changes resulting from implementation of this Act; and (3) finalize an emissions model that reflects the effects of fuel characteristics or components on vehicle emissions during 2005.
Eliminates the waiver permitting higher Reid Vapor Pressure limitations for fuel blends containing ethanol.
Allows State implementation plan revisions that apply conventional gasoline prohibitions to nonclassified areas.
Authorizes grants to MTBE merchant producers to assist in conversion of production facilities to the production of other fuel additives. Authorizes appropriations.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 950 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 950
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
May 24, 2001
Mr. Smith of New Hampshire (for himself and Mr. Reid) 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
2001''.
SEC. 2. 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)--
(A) by striking ``paragraphs (1) and (2) of this
subsection'' and inserting ``paragraphs (1), (2), and
(12)''; and
(B) by inserting ``and section 9010(a)'' before
``if''; 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 section 9011(1) to
carry out corrective actions with respect to a release
of methyl tertiary butyl ether that presents a threat
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
accordance with a cooperative agreement entered
into by the Administrator and the State under
paragraph (7).''.
(b) Release Prevention and Compliance.--Subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended by striking
section 9010 and inserting the following:
``SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.
``Funds made available under section 9011(2) from the Leaking
Underground Storage Tank Trust Fund may be used for conducting
inspections, or for issuing orders or bringing actions under this
subtitle--
``(1) by a State (pursuant to section 9003(h)(7)) acting
under--
``(A) a program approved under section 9004; or
``(B) State requirements regulating underground
storage tanks that are similar or identical to this
subtitle; and
``(2) by the Administrator, acting under this subtitle or a
State program approved under section 9004.
``SEC. 9011. AUTHORIZATION OF APPROPRIATIONS.
``In addition to amounts made available under section 2007(f),
there are authorized to be appropriated from the Leaking Underground
Storage Tank Trust Fund--
``(1) to carry out section 9003(h)(12), $200,000,000 for
fiscal year 2002, to remain available until expended; and
``(2) to carry out section 9010--
``(A) $50,000,000 for fiscal year 2002; and
``(B) $30,000,000 for each of fiscal years 2003
through 2007.''.
(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 and compliance.
``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 second 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''.
SEC. 3. AUTHORITY FOR WATER QUALITY PROTECTION FROM FUELS.
(a) In General.--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) Ban on the use of mtbe.--Not later than 4 years after
the date of enactment of this paragraph, the Administrator
shall ban use of methyl tertiary butyl ether in motor vehicle
fuel.''.
(b) No Effect on Law Regarding State Authority.--The amendments
made by subsection (a) have no effect on the law in effect on the day
before the date of enactment of this Act regarding the authority of
States to limit the use of methyl tertiary butyl ether in gasoline.
SEC. 4. 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, or during the 90-day
period beginning on the date on which
an area in the State becomes a covered
area by operation of the second
sentence of paragraph (11)(D), 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 standards under
subparagraph (C) take 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 performance
standards described in clause
(ii); and
``(bb) shall be deemed to
be the performance standards
under clause (ii) and shall be
applied in accordance with
clause (iii).
``(ii) PADD performance standards.--The
Administrator, in regulations promulgated under
clause (i)(I), shall establish annual average
performance standards for each Petroleum
Administration for Defense District (referred
to in this subparagraph as a `PADD') based on--
``(I) the average of the annual
aggregate reductions in emissions of
toxic air pollutants achieved under the
reformulated gasoline program in each
PADD during calendar years 1999 and
2000, determined on the basis of the
1999 and 2000 Reformulated Gasoline
Survey Data, as collected by the
Administrator; and
``(II) such other information as
the Administrator determines to be
appropriate.
``(iii) Applicability.--
``(I) In general.--The performance
standards under this subparagraph shall
be applied on an annual average
importer or refinery-by-refinery basis
to reformulated gasoline that is sold
or introduced into commerce in a State
for which the Governor waives the
oxygenate requirement under
subparagraph (B)(i).
``(II) More stringent
requirements.--The performance
standards under this subparagraph shall
not apply to the extent that any
requirement under section 202(l) is
more stringent than the performance
standards.
``(III) State standards.--The
performance standards under this
subparagraph 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 standards under this
subparagraph in the same manner as
provided in paragraph (7).
``(iv) Statutory performance standards.--
``(I) In general.--Subject to
subclause (IV), 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 (III) shall be
deemed to be the performance standards
under clause (ii) and shall be applied
in accordance with clause (iii).
``(II) Publication in federal
register.--Not later than 30 days after
the date of enactment of this
subparagraph, the Administrator shall
publish in the Federal Register, for
each PADD, the percentage equal to the
average of the annual aggregate
reductions in the PADD described in
clause (ii)(I).
``(III) Toxic air pollutant
emissions.--The annual aggregate
emissions of toxic air pollutants from
baseline vehicles when using
reformulated gasoline in each PADD
shall be not greater than--
``(aa) the aggregate
emissions of toxic air
pollutants from baseline
vehicles when using baseline
gasoline in the PADD; reduced
by
``(bb) the quantity
obtained by multiplying the
aggregate emissions described
in item (aa) for the PADD by
the percentage published under
subclause (II) for the PADD.
``(IV) Subsequent regulations.--
Through promulgation of regulations
under clause (i)(I), the Administrator
may modify the performance standards
established under subclause (I) to
require each PADD to achieve a greater
percentage reduction than the
percentage published under subclause
(II) for the PADD.''.
SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL
ADDITIVES.
Section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is
amended--
(1) in paragraph (2)--
(A) by striking ``may also'' and inserting ``shall,
on a regular basis,''; and
(B) 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''; and
(2) by adding at the end the following:
``(4) Ethyl tertiary butyl ether.--
``(A) In general.--Not later than 2 years after the
date of enactment of this paragraph, the Administrator
shall--
``(i) conduct a study on the effects on
public health, air quality, and water resources
of increased use of, and the feasibility of
using as substitutes for methyl tertiary butyl
ether in gasoline--
``(I) ethyl tertiary butyl ether;
and
``(II) other ethers, as determined
by the Administrator; and
``(ii) submit to the Committee on Energy
and Commerce of the House of Representatives
and the Committee on Environment and Public
Works of the Senate a report describing the
results of the study.
``(B) Contracts for study.--In carrying out this
paragraph, the Administrator may enter into 1 or more
contracts with nongovernmental entities.''.
SEC. 6. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.
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) Analyses of Motor Vehicle Fuel Changes and Emissions Model.--
``(1) Anti-backsliding analysis.--
``(A) Draft analysis.--Not later than 4 years after
the date of enactment of this subsection, the
Administrator shall publish for public comment a draft
analysis of the changes in emissions of air pollutants
and air quality due to the use of motor vehicle fuel
and fuel additives resulting from implementation of the
amendments made by the Federal Reformulated Fuels Act
of 2001.
``(B) Final analysis.--After providing a reasonable
opportunity for comment but not later than 5 years
after the date of enactment of this subsection, the
Administrator shall publish the analysis in final form.
``(2) Emissions model.--For the purposes of this
subsection, as soon as the necessary data are available, the
Administrator shall develop and finalize an emissions model
that reasonably reflects the effects of fuel characteristics or
components on emissions from vehicles in the motor vehicle
fleet during calendar year 2005.''.
SEC. 7. 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. 8. 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. 9. MTBE MERCHANT PRODUCER CONVERSION ASSISTANCE.
Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) (as amended
by section 3(a)(3)) is amended by adding at the end the following:
``(6) MTBE merchant producer conversion assistance.--
``(A) In general.--The Administrator may make
grants to merchant producers of methyl tertiary butyl
ether in the United States to assist the producers in
the conversion of eligible production facilities
described in subparagraph (B) to the production of
other fuel additives that--
``(i) will be consumed in nonattainment
areas;
``(ii) will assist the nonattainment areas
in achieving attainment with a national primary
ambient air quality standard;
``(iii) will not degrade air quality or
surface or ground water quality or resources;
and
``(iv) have been registered and tested in
accordance with the requirements of this
section.
``(B) Eligible production facilities.--A production
facility shall be eligible to receive a grant under
this paragraph if the production facility--
``(i) is located in the United States; and
``(ii) produced methyl tertiary butyl ether
for consumption in nonattainment areas during
the period--
``(I) beginning on the date of
enactment of this paragraph; and
``(II) ending on the effective date
of the ban on the use of methyl
tertiary butyl ether under paragraph
(5).
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $250,000,000 for each of fiscal years 2002
through 2004.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5623)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR 5/25/2001 S5754-5755)
Committee on Environment and Public Works. Ordered to be reported without amendment favorably.
Sponsor introductory remarks on measure. (CR S13041)
Committee on Environment and Public Works. Reported by Senator Jeffords with amendments. With written report No. 107-131. Minority views filed.
Committee on Environment and Public Works. Reported by Senator Jeffords with amendments. With written report No. 107-131. Minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 302.
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