Defines renewable fuel to include motor vehicle fuel produced from biomass (e.g. grain) or natural gas produced from a biogas (e.g. landfill) source.
Establishes a system of credits for gasoline which contains more renewable fuel than required.
Requires studies concerning these renewable fuel requirements, specifically: (1) seasonal variations in renewable fuel availability; (2) the impact on consumers; and (3) the impact on small refineries.
Establishes a system of waivers for States claiming and proving economic or environmental hardship.
Establishes a Federal agency ethanol-blended gasoline and biodiesel purchasing requirement.
Establishes a commercial byproducts from municipal solid waste loan guarantee program.
Requires data collection concerning the monthly consumption of renewable fuels.
Federal Reformulated Fuels Act of 2002 - Amends the Solid Waste Disposal Act to permit the use of the Leaking Underground Storage Tank Trust Fund for methyl tertiary butyl ether (MBTE) remediation purposes.
Amends the Clean Air Act to revise guidelines pertaining to: (1) water quality protection from fuels; (2) oxygen content requirements for reformulated gasoline; (3) public health and environmental impacts of fuels and fuel additives; (4) analyses of motor vehicle fuel changes; (5) additional opt-in areas under the reformulated gasoline program; and (6) Federal enforcement of State fuels requirements.
Requires a joint study of Federal, State and local requirements concerning motor vehicle fuels.
Requires a review of Federal procurement initiatives relating to use of recycled products and fleet and transportation efficiency.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 837 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 837
To amend the Clean Air Act to eliminate methyl tertiary butyl ether
from the United States fuel supply, to increase production and use of
renewable fuel, and to increase the Nation's energy independence, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2003
Mr. Peterson of Minnesota (for himself and Mr. Osborne) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to eliminate methyl tertiary butyl ether
from the United States fuel supply, to increase production and use of
renewable fuel, and to increase the Nation's energy independence, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fuels Security Act
of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
TITLE I--GENERAL PROVISIONS
Sec. 101. Renewable content of motor vehicle fuel.
Sec. 102. Federal agency ethanol-blended gasoline and biodiesel
purchasing requirement.
Sec. 103. Commercial byproducts from municipal solid waste loan
guarantee program.
Sec. 104. Data collection.
TITLE II--FEDERAL REFORMULATED FUELS
Sec. 201. Short title.
Sec. 202. Leaking underground storage tanks.
Sec. 203. Authority for water quality protection from fuels.
Sec. 204. Elimination of oxygen content requirement for reformulated
gasoline.
Sec. 205. Public health and environmental impacts of fuels and fuel
additives.
Sec. 206. Analyses of motor vehicle fuel changes.
Sec. 207. Additional opt-in areas under reformulated gasoline program.
Sec. 208. Federal enforcement of State fuels requirements.
Sec. 209. Fuel system requirements harmonization study.
Sec. 210. Review of Federal procurement initiatives relating to use of
recycled products and fleet and
transportation efficiency.
SEC. 101. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended--
(1) by redesignating subsection (o) as subsection (q); and
(2) by inserting after subsection (n) the following:
``(o) Renewable Fuel Program.--
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis,
including--
``(i) dedicated energy crops and trees;
``(ii) wood and wood residues;
``(iii) plants;
``(iv) grasses;
``(v) agricultural residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) municipal solid waste.
``(B) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, or other biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term `renewable
fuel' includes cellulosic biomass ethanol and
biodiesel (as defined in section 312(f) of the
Energy Policy Act of 1992 (42 U.S.C. 13220(f)).
``(C) Small refinery.--The term `small refinery'
means a refinery for which average aggregate daily
crude oil throughput for the calendar year (as
determined by dividing the aggregate throughput for the
calendar year by the number of days in the calendar
year) does not exceed 75,000 barrels.
``(2) Renewable fuel program.--
``(A) In general.--Not later than 1 year from
enactment of this provision, the Administrator shall
promulgate regulations ensuring that gasoline sold or
dispensed to consumers in the United States, on an
annual average basis, contains the applicable volume of
renewable fuel as specified in subparagraph (B).
Regardless of the date of promulgation, such
regulations shall contain compliance provisions for
refiners, blenders, and importers, as appropriate, to
ensure that the requirements of this section are met,
but shall not restrict where renewables can be used, or
impose any per-gallon obligation for the use of
renewables. If the Administrator does not promulgate
such regulations, the applicable percentage, on a
volume percentage of gasoline basis, shall be 1.62 in 2004.
``(B) Applicable volume.--
``(i) Calendar years 2004 through 2012.--
For the purpose of subparagraph (A), the
applicable volume for any of calendar years
2004 through 2012 shall be determined in
accordance with the following table:
``Applicable volume of renewable fuel
``Calendar year: (In billions of gallons)
2004....................................... 2.3
2005....................................... 2.6
2006....................................... 2.9
2007....................................... 3.2
2008....................................... 3.5
2009....................................... 3.9
2010....................................... 4.3
2011....................................... 4.7
2012....................................... 5.0.
``(ii) Calendar year 2013 and thereafter.--
For the purpose of subparagraph (A), the
applicable volume for calendar year 2013 and
each calendar year thereafter shall be equal to
the product obtained by multiplying--
``(I) the number of gallons of
gasoline that the Administrator
estimates will be sold or introduced
into commerce in the calendar year; and
``(II) the ratio that--
``(aa) 5.0 billion gallons
of renewable fuels; bears to
``(bb) the number of
gallons of gasoline sold or
introduced into commerce in
calendar year 2012.
``(3) Applicable percentages.--Not later than October 31 of
each calendar year, through 2011, the Administrator of the
Energy Information Administration shall provide the
Administrator an estimate of the volumes of gasoline sales in
the United States for the coming calendar year. Based on such
estimates, the Administrator shall by November 30 of each
calendar year, through 2011, determine and publish in the
Federal Register, the renewable fuel obligation, on a volume
percentage of gasoline basis, applicable to refiners, blenders,
distributors and importers, as appropriate, for the coming
calendar year, to ensure that the requirements of paragraph (2)
are met. For each calendar year, the Administrator shall
establish a single applicable percentage that applies to all
parties, and make provision to avoid redundant obligations. In
determining the applicable percentages, the Administrator shall
make adjustments to account for the use of renewable fuels by
exempt small refineries during the previous year.
``(4) Cellulosic biomass ethanol.--For the purpose of
paragraph (2), 1 gallon of cellulosic biomass ethanol shall be
considered to be the equivalent of 1.5 gallon of renewable
fuel.
``(5) Credit program.--
``(A) In general.--The regulations promulgated to
carry out this subsection shall provide for the
generation of an appropriate amount of credits by any
person that refines, blends, or imports gasoline that
contains a quantity of renewable fuel that is greater
than the quantity required under paragraph (2). Such
regulations shall provide for the generation of an
appropriate amount of credits for biodiesel fuel. If a
small refinery notifies the Administrator that it
waives the exemption provided by this Act, the
regulations shall provide for the generation of credits
by the small refinery beginning in the year following
such notification.
``(B) Use of credits.--A person that generates
credits under subparagraph (A) may use the credits, or
transfer all or a portion of the credits to another
person, for the purpose of complying with paragraph
(2).
``(C) Life of credits.--A credit generated under
this paragraph shall be valid to show compliance:
(i) in the calendar year in which the
credit was generated or the next calendar year,
or
(ii) in the calendar year in which the
credit was generated or next two consecutive
calendar years if the Administrator promulgates
regulations under paragraph (6).
``(D) Inability to purchase sufficient credits.--
The regulations promulgated to carry out this
subsection shall include provisions allowing any person
that is unable to generate or purchase sufficient
credits to meet the requirements under paragraph (2) to
carry forward a renewables deficit provided that, in
the calendar year following the year in which the
renewables deficit is created, such person shall
achieve compliance with the renewables requirement
under paragraph (2), and shall generate or purchase
additional renewables credits to offset the renewables
deficit of the previous year.
``(6) Seasonal variations in renewable fuel use.--
``(A) Study.--For each of calendar years 2004
through 2012, the Administrator of the Energy
Information Administration, shall conduct a study of
renewable fuels blending to determine whether there are
excessive seasonal variations in the use of renewable
fuels.
``(B) Regulation of excessive seasonal
variations.--If, for any calendar year, the
Administrator of the Energy Information Administration,
based on the study under subparagraph (A), makes the
determinations specified in subparagraph (C), the
Administrator shall promulgate regulations to ensure
that 35 percent or more of the quantity of renewable
fuels necessary to meet the requirement of paragraph
(2) is used during each of the periods specified in
subparagraph (D) of each subsequent calendar year.
``(C) Determinations.--The determinations referred
to in subparagraph (B) are that--
``(i) less than 35 percent of the quantity
of renewable fuels necessary to meet the
requirement of paragraph (2) has been used
during one of the periods specified in
subparagraph (D) of the calendar year; and
``(ii) a pattern of excessive seasonal
variation described in clause (i) will continue
in subsequent calendar years.
``(D) Periods.--The two periods referred to in this
paragraph are--
``(i) April through September; and
``(ii) January through March and October
through December.
``(E) Exclusions.--Renewable fuels blended or
consumed in 2004 in a state which has received a waiver
under section 209(b) shall not be included in the study
in subparagraph (A).
``(7) Waivers.--
``(A) In general.--The Administrator, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, may waive the requirement of
paragraph (2) in whole or in part on petition by one or
more States by reducing the national quantity of
renewable fuel required under this subsection--
``(i) based on a determination by the
Administrator, after public notice and
opportunity for comment, that implementation of
the requirement would severely harm the economy
or environment of a State, a region, or the
United States; or
``(ii) based on a determination by the
Administrator, after public notice and
opportunity for comment, that there is an
inadequate domestic supply or distribution
capacity to meet the requirement.
``(B) Petitions for waivers.--The Administrator,
in consultation with the Secretary of Agriculture and
the Secretary of Energy, shall approve or disapprove a
State petition for a waiver of the requirement of
paragraph (2) within 90 days after the date on which
the petition is received by the Administrator.
``(C) Termination of waivers.--A waiver granted
under subparagraph (A) shall terminate after 1 year,
but may be renewed by the Administrator after
consultation with the Secretary of Agriculture and the
Secretary of Energy.
``(8) Study and waiver for initial year of program.--Not
later than 180 days from enactment, the Secretary of Energy
shall complete for the Administrator a study assessing whether
the renewable fuels requirement under paragraph (2) will likely
result in significant adverse consumer impacts in 2004, on a
national, regional or state basis. Such study shall evaluate
renewable fuel supplies and prices, blendstock supplies, and
supply and distribution system capabilities. Based on such
study, the Secretary shall make specific recommendations to the
Administrator regarding waiver of the requirements of paragraph
(2), in whole or in part, to avoid any such adverse impacts.
Within 270 days from enactment, the Administrator shall,
consistent with the recommendations of the Secretary waive, in
whole or in part, the renewable fuels requirement under
paragraph (2) by reducing the national quantity of renewable
fuel required under this subsection in 2004. This provision
shall not be interpreted as limiting the Administrator's
authority to waive the requirements of paragraph (2) in whole,
or in part, under paragraph (7), pertaining to waivers.
``(9) Small refineries.--
``(A) In general.--The requirement of paragraph (2)
shall not apply to small refineries until January 1,
2008. Not later than December 31, 2006, the Secretary
of Energy shall complete for the Administrator a study
to determine whether the requirement of paragraph (2)
would impose a disproportionate economic hardship on
small refineries. For any small refinery that the
Secretary of Energy determines would experience a
disproportionate economic hardship, the Administrator
shall extend the small refinery exemption for such
small refinery for no less than two additional years.
``(B) Economic hardship.--
``(i) Extension of exemption.--A small
refinery may at any time petition the
Administrator for an extension of the exemption
from the requirement of paragraph (2) for the
reason of disproportionate economic hardship.
In evaluating a hardship petition, the
Administrator, in consultation with the
Secretary of Energy, shall consider the
findings of the study in addition to other
economic factors.
``(ii) Deadline for action on petitions.--
The Administrator shall act on any petition
submitted by a small refinery for a hardship
exemption not later than 90 days after the
receipt of the petition.
``(C) Credit program.--If a small refinery notifies
the Administrator that it waives the exemption provided
by this Act, the regulations shall provide for the
generation of credits by the small refinery beginning
in the year following such notification.
``(D) Opt-in for small refiners.--A small refinery
shall be subject to the requirements of this section if
it notifies the Administrator that it waives the
exemption under subparagraph (A).''.
(b) Penalties and Enforcement.--Section 211(d) of the Clean Air Act
(42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``or (n)''
each place it appears and inserting ``(n) or (o)''; and
(B) in the second sentence, by striking ``or (m)''
and inserting ``(m), or (o)''; and
(2) in the first sentence of paragraph (2), by striking
``and (n)'' each place it appears and inserting ``(n), and
(o)''.
(c) Exclusion From Ethanol Waiver.--Section 211(h) of the Clean Air
Act (42 U.S.C. 7545(h)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Exclusion from ethanol waiver.--
``(A) Promulgation of regulations.--Upon
notification, accompanied by supporting documentation,
from the Governor of a State that the Reid vapor
pressure limitation established by paragraph (4) will
increase emissions that contribute to air pollution in
any area in the State, the Administrator shall, by
regulation, apply, in lieu of the Reid vapor pressure
limitation established by paragraph (4), the Reid vapor
pressure limitation established by paragraph (1) to all
fuel blends containing gasoline and 10 percent
denatured anhydrous ethanol that are sold, offered for
sale, dispensed, supplied, offered for supply,
transported or introduced into commerce in the area
during the high ozone season.
``(B) Deadline for promulgation.--The Administrator
shall promulgate regulations under subparagraph (A) not
later than 90 days after the date of receipt of a
notification from a Governor under that subparagraph.
``(C) Effective date.--
``(i) In general.--With respect to an area
in a State for which the Governor submits a
notification under subparagraph (A), the
regulations under that subparagraph shall take
effect on the later of--
``(I) the first day of the first
high ozone season for the area that
begins after the date of receipt of the
notification; or
``(II) 1 year after the date of
receipt of the notification.
``(ii) Extension of effective date based on
determination of insufficient supply.--
``(I) In general.--If, after
receipt of a notification with respect
to an area from a Governor of a State
under subparagraph (A), the
Administrator determines, on the
Administrator's own motion or on
petition of any person and after
consultation with the Secretary of
Energy, that the promulgation of
regulations described in subparagraph
(A) would result in an insufficient
supply of gasoline in the State, the
Administrator, by regulation--
``(aa) shall extend the
effective date of the
regulations under clause (i)
with respect to the area for
not more than 1 year; and
``(bb) may renew the
extension under item (aa) for
two additional periods, each of
which shall not exceed 1 year.
``(II) Deadline for action on
petitions.--The Administrator shall act
on any petition submitted under
subclause (I) not later than 180 days
after the date of receipt of the
petition.''.
(d) Survey of Renewable Fuel Market.--
(1) Survey and report.--Not later than December 1, 2005,
and annually thereafter, the Administrator shall--
(A) conduct, with respect to each conventional
gasoline use area and each reformulated gasoline use
area in each State, a survey to determine the market
shares of--
(i) conventional gasoline containing
ethanol;
(ii) reformulated gasoline containing
ethanol;
(iii) conventional gasoline containing
renewable fuel; and
(iv) reformulated gasoline containing
renewable fuel; and
(B) submit to Congress, and make publicly
available, a report on the results of the survey under
subparagraph (A).
(2) Recordkeeping and reporting requirements.--The
Administrator may require any refiner, blender, or importer to
keep such records and make such reports as are necessary to
ensure that the survey conducted under paragraph (1) is
accurate. The Administrator shall rely, to the extent
practicable, on existing reporting and recordkeeping
requirements to avoid duplicative requirements.
(3) Applicable law.--Activities carried out under this
subsection shall be conducted in a manner designed to protect
confidentiality of individual responses.
(e) Renewable Fuels Safe Harbor.--
(1) In general.--Notwithstanding any other provision of
federal or state law, no renewable fuel, as defined by this
Act, used or intended to be used as a motor vehicle fuel, nor
any motor vehicle fuel containing such renewable fuel, shall be
deemed defective in design or manufacture by virtue of the fact
that it is, or contains, such a renewable fuel, if it does not
violate a control or prohibition imposed by the Administrator
under section 211 of the Clean Air Act, as amended by this Act,
and the manufacturer is in compliance with all requests for
information under section 211(b) of the Clean Air Act, as
amended by this Act. In the event that the safe harbor under
this section does not apply, the existence of a design defect
or manufacturing defect shall be determined under otherwise
applicable law.
(2) Exceptions.--This subsection shall not apply to ethers.
(3) Effective date.--This subsection shall be effective as
of the date of enactment and shall apply with respect to all
claims filed on or after that date.
SEC. 102. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL
PURCHASING REQUIREMENT.
Title III of the Energy Policy Act of 1992 is amended by striking
section 306 (42 U.S.C. 13215) and inserting the following:
``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL
PURCHASING REQUIREMENT.
``(a) Ethanol-Blended Gasoline.--The head of each Federal agency
shall ensure that, in areas in which ethanol-blended gasoline is
reasonably available at a generally competitive price, the Federal
agency purchases ethanol-blended gasoline containing at least 10
percent ethanol rather than nonethanol-blended gasoline, for use in
vehicles used by the agency that use gasoline.
``(b) Biodiesel.--
``(1) Definition of biodiesel.--In this subsection, the
term `biodiesel' has the meaning given the term in section
312(f).
``(2) Requirement.--The head of each Federal agency shall
ensure that the Federal agency purchases, for use in fueling
fleet vehicles that use diesel fuel used by the Federal agency
at the location at which fleet vehicles of the Federal agency
are centrally fueled, in areas in which the biodiesel-blended
diesel fuel described in paragraphs (A) and (B) is available at
a generally competitive price--
``(A) as of the date that is 5 years after the date
of enactment of this paragraph, biodiesel-blended
diesel fuel that contains at least 2 percent biodiesel,
rather than nonbiodiesel-blended diesel fuel; and
``(B) as of the date that is 10 years after the
date of enactment of this paragraph, biodiesel-blended
diesel fuel that contains at least 20 percent
biodiesel, rather than nonbiodiesel-blended diesel
fuel.
``(3) Requirement of Federal Law.--The provisions of this
subsection shall not be considered a requirement of Federal law
for the purposes of section 312.
``(c) Exemption.--This section does not apply to fuel used in
vehicles excluded from the definition of `fleet' by subparagraphs (A)
through (H) of section 301(9).''.
SEC. 103. COMMERCIAL BYPRODUCTS FROM MUNICIPAL SOLID WASTE LOAN
GUARANTEE PROGRAM.
(a) Definition of Municipal Solid Waste.--In this section, the term
``municipal solid waste'' has the meaning given the term ``solid
waste'' in section 1004 of the Solid Waste Disposal Act (42 U.S.C.
6903).
(b) Establishment of Program.--The Secretary of Energy shall
establish a program to provide guarantees of loans by private
institutions for the construction of facilities for the processing and
conversion of municipal solid waste into fuel ethanol and other
commercial byproducts.
(c) Requirements.--The Secretary may provide a loan guarantee under
subsection (b) to an applicant if--
(1) without a loan guarantee, credit is not available to
the applicant under reasonable terms or conditions sufficient
to finance the construction of a facility described in
subsection (b);
(2) the prospective earning power of the applicant and the
character and value of the security pledged provide a
reasonable assurance of repayment of the loan to be guaranteed
in accordance with the terms of the loan; and
(3) the loan bears interest at a rate determined by the
Secretary to be reasonable, taking into account the current
average yield on outstanding obligations of the United States
with remaining periods of maturity comparable to the maturity
of the loan.
(d) Criteria.--In selecting recipients of loan guarantees from
among applicants, the Secretary shall give preference to proposals
that--
(1) meet all applicable Federal and State permitting
requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest
need for the facility because of--
(A) the limited availability of land for waste
disposal; or
(B) a high level of demand for fuel ethanol or
other commercial byproducts of the facility.
(e) Maturity.--A loan guaranteed under subsection (b) shall have a
maturity of not more than 20 years.
(f) Terms and Conditions.--The loan agreement for a loan guaranteed
under subsection (b) shall provide that no provision of the loan
agreement may be amended or waived without the consent of the
Secretary.
(g) Assurance of Repayment.--The Secretary shall require that an
applicant for a loan guarantee under subsection (b) provide an
assurance of repayment in the form of a performance bond, insurance,
collateral, or other means acceptable to the Secretary in an amount
equal to not less than 20 percent of the amount of the loan.
(h) Guarantee Fee.--The recipient of a loan guarantee under
subsection (b) shall pay the Secretary an amount determined by the
Secretary to be sufficient to cover the administrative costs of the
Secretary relating to the loan guarantee.
(i) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under this
section. Any such guarantee made by the Secretary shall be conclusive
evidence of the eligibility of the loan for the guarantee with respect
to principal and interest. The validity of the guarantee shall be
incontestable in the hands of a holder of the guaranteed loan.
(j) Reports.--Until each guaranteed loan under this section has
been repaid in full, the Secretary shall annually submit to Congress a
report on the activities of the Secretary under this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
(l) Termination of Authority.--The authority of the Secretary to
issue a loan guarantee under subsection (b) terminates on the date that
is 10 years after the date of enactment of this Act.
SEC. 104. DATA COLLECTION.
Section 205 of the Department of Energy Organization Act (42 U.S.C.
7135) is amended by adding at the end the following:
``(m) In order to improve the ability to evaluate the effectiveness
of the Nation's renewable fuels mandate, the Administrator shall
conduct and publish the results of a survey of renewable fuels
consumption in the motor vehicle fuels market in the United States
monthly, and in a manner designed to protect the confidentiality of
individual responses. In conducting the survey, the Administrator shall
collect information retrospectively to 1998, both on a national basis
and a regional basis, including--
``(1) the quantity of renewable fuels produced;
``(2) the cost of production;
``(3) the cost of blending and marketing;
``(4) the quantity of renewable fuels blended;
``(5) the quantity of renewable fuels imported; and
``(6) market price data.''.
TITLE II--FEDERAL REFORMULATED FUELS
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Federal Reformulated Fuels Act
of 2002''.
SEC. 202. LEAKING UNDERGROUND STORAGE TANKS.
(a) Use of Lust Funds for Remediation of Contamination From Ether
Fuel Additives.--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'' before
``if''; and
(2) by adding at the end the following:
``(12) Remediation of contamination from ether fuel
additives.--
``(A) In general.--The Administrator and the States
may use funds made available under section 9013(1) to
carry out corrective actions with respect to a release
of methyl tertiary butyl ether or other ether fuel
additive 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),
except that a release with respect to which a
corrective action is carried out under
subparagraph (A) shall not be required to be
from an underground storage tank; 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 9013(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, as determined by the Administrator; and
``(2) by the Administrator, acting under this subtitle or a
State program approved under section 9004.
``SEC. 9011. BEDROCK BIOREMEDIATION.
``The Administrator shall establish, at an institution of higher
education (as defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) with established expertise in bioremediation of
contaminated bedrock aquifers, a resource center--
``(1) to conduct research concerning bioremediation of
methyl tertiary butyl ether in contaminated underground
aquifers, including contaminated bedrock; and
``(2) to provide for States a technical assistance
clearinghouse for information concerning innovative
technologies for bioremediation described in paragraph (1).
``SEC. 9012. SOIL REMEDIATION.
``The Administrator may establish a program to conduct research
concerning remediation of methyl tertiary butyl ether contamination of
soil, including granitic or volcanic soil.
``SEC. 9013. 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, notwithstanding section 9508(c)(1) of the
Internal Revenue Code of 1986--
``(1) to carry out section 9003(h)(12), $200,000,000 for
fiscal year 2003, to remain available until expended;
``(2) to carry out section 9010--
``(A) $50,000,000 for fiscal year 2003; and
``(B) $30,000,000 for each of fiscal years 2004
through 2008;
``(3) to carry out section 9011--
``(A) $500,000 for fiscal year 2003; and
``(B) $300,000 for each of fiscal years 2004
through 2008; and
``(4) to carry out section 9012--
``(A) $100,000 for fiscal year 2003; and
``(B) $50,000 for each of fiscal years 2004 through
2008.''.
(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. Bedrock bioremediation.
``Sec. 9012. Soil remediation.
``Sec. 9013. 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. 203. AUTHORITY FOR WATER QUALITY PROTECTION FROM FUELS.
(a) Findings.--Congress finds that--
(1) since 1979, methyl tertiary butyl ether (referred to in
this section as ``MTBE'') has been used nationwide at low
levels in gasoline to replace lead as an octane booster or
anti-knocking agent;
(2) Public Law 101-549 (commonly known as the ``Clean Air
Act Amendments of 1990'') (42 U.S.C. 7401 et seq.) established
a fuel oxygenate standard under which reformulated gasoline
must contain at least 2 percent oxygen by weight;
(3) at the time of the adoption of the fuel oxygen
standard, Congress was aware that significant use of MTBE could
result from the adoption of that standard, and that the use of
MTBE would likely be important to the cost-effective
implementation of that program;
(4) Congress is aware that gasoline and its component
additives have leaked from storage tanks, with consequences for
water quality;
(5) the fuel industry responded to the fuel oxygenate
standard established by Public Law 101-549 by making
substantial investments in--
(A) MTBE production capacity; and
(B) systems to deliver MTBE-containing gasoline to
the marketplace;
(6) when leaked or spilled into the environment, MTBE may
cause serious problems of drinking water quality;
(7) in recent years, MTBE has been detected in water
sources throughout the United States;
(8) MTBE can be detected by smell and taste at low
concentrations;
(9) while small quantities of MTBE can render water
supplies unpalatable, the precise human health effects of MTBE
consumption at low levels are yet unknown;
(10) in the report entitled ``Achieving Clean Air and Clean
Water: The Report of the Blue Ribbon Panel on Oxygenates in
Gasoline'' and dated September 1999, Congress was urged--
(A) to eliminate the fuel oxygenate standard;
(B) to greatly reduce use of MTBE; and
(C) to maintain the environmental performance of
reformulated gasoline;
(11) Congress has--
(A) reconsidered the relative value of MTBE in
gasoline; and
(B) decided to eliminate use of MTBE as a fuel
additive;
(12) the timeline for elimination of use of MTBE as a fuel
additive must be established in a manner that achieves an
appropriate balance among the goals of--
(A) environmental protection;
(B) adequate energy supply; and
(C) reasonable fuel prices; and
(13) it is appropriate for Congress to provide some limited
transition assistance--
(A) to merchant producers of MTBE who produced MTBE
in response to a market created by the oxygenate
requirement contained in the Clean Air Act; and
(B) for the purpose of mitigating any fuel supply
problems that may result from elimination of a widely-
used fuel additive.
(b) Purposes.--The purposes of this section are--
(1) to eliminate use of MTBE as a fuel oxygenate; and
(2) to provide assistance to merchant producers of MTBE in
making the transition from producing MTBE to producing other
fuel additives.
(c) Authority for Water Quality Protection From Fuels.--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) Prohibition on use of mtbe.--
``(A) In general.--Subject to subparagraph (E), not
later than 4 years after the date of enactment of this
paragraph, the use of methyl tertiary butyl ether in
motor vehicle fuel in any State other than a State
described in subparagraph (C) is prohibited.
``(B) Regulations.--The Administrator shall
promulgate regulations to effect the prohibition in
subparagraph (A).
``(C) States that authorize use.--A State described
in this subparagraph is a State that submits to the
Administrator a notice that the State authorizes use of
methyl tertiary butyl ether in motor vehicle fuel sold
or used in the State.
``(D) Publication of notice.--The Administrator
shall publish in the Federal Register each notice
submitted by a State under subparagraph (C).
``(E) Trace quantities.--In carrying out
subparagraph (A), the Administrator may allow trace
quantities of methyl tertiary butyl ether, not to
exceed 0.5 percent by volume, to be present in motor
vehicle fuel in cases that the Administrator determines
to be appropriate.
``(6) MTBE merchant producer conversion assistance.--
``(A) In general.--
``(i) Grants.--The Secretary of Energy, in
consultation with 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
(C) to the production of iso-octane and
alkylates.
``(ii) Determination.--The Administrator,
in consultation with the Secretary of Energy,
may determine that transition assistance for
the production of iso-octane and alkylates is
inconsistent with the provisions of
subparagraph (B) and, on that basis, may deny
applications for grants authorized by this
provision.
``(B) Further grants.--The Secretary of Energy, in
consultation with the Administrator, may also further
make grants to merchant producers of MTBE in the United
States to assist the producers in the conversion of
eligible production facilities described in
subparagraph (C) to the production of such other fuel
additives that, consistent with 211(c)--
``(i) unless the Administrator determines
that such fuel additives may reasonably be
anticipated to endanger public health or the
environment;
``(ii) have been registered and have been
tested or are being tested in accordance with
the requirements of this section; and
``(iii) will contribute to replacing
gasoline volumes lost as a result of paragraph
(5).
``(C) 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 prohibition on the use of methyl
tertiary butyl ether under paragraph
(5).
``(D) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $250,000,000 for each of fiscal years 2003
through 2005.''.
(d) No Effect on Law Concerning State Authority.--The amendments
made by subsection (c) 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 motor vehicle
fuel.
SEC. 204. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED
GASOLINE.
(a) Elimination.--
(1) In general.--Section 211(k) of the Clean Air Act (42
U.S.C. 7545(k)) is amended--
(A) in paragraph (2)--
(i) in the second sentence of subparagraph
(A), by striking ``(including the oxygen
content requirement contained in subparagraph
(B))'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C),
respectively;
(B) in paragraph (3)(A), by striking clause (v);
(C) in paragraph (7)--
(i) in subparagraph (A)--
(I) by striking clause (i); and
(II) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively; and
(ii) in subparagraph (C)--
(I) by striking clause (ii); and
(II) by redesignating clause (iii)
as clause (ii); and
(2) Effective date.--The amendments made by paragraph (1)
take effect 270 days after the date of enactment of this Act,
except that such amendments shall take effect upon enactment in
any State that has received a waiver under section 209(b) of
the Clean Air Act.
(b) Maintenance of Toxic Air Pollutant Emission Reductions.--
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) Maintenance of toxic air pollutant emissions
reductions from reformulated gasoline.--
``(i) Definitions.--In this subparagraph
the term `PADD' means a Petroleum
Administration for Defense District.
``(ii) Regulations regarding emissions of
toxic air pollutants.--Not later than 270 days
after the date of enactment of this
subparagraph, the Administrator shall
establish, for each refinery or importer (other
than a refinery or importer in a State that has
received a waiver under section 209(b) with
regard to gasoline produced for use in that
state), standards for toxic air pollutants from
use of the reformulated gasoline produced or
distributed by the refinery or importer that
maintain the reduction of the average annual
aggregate emissions of toxic air pollutants for
reformulated gasoline produced or distributed
by the refinery or importer during calendar
years 1999 and 2000, determined on the basis of
data collected by the Administrator with
respect to the refinery or importer.
``(iii) Standards applicable to specific
refineries or importers.--
``(I) Applicability of standards.--
For any calendar year, the standards
applicable to a refinery or importer
under clause (ii) shall apply to the
quantity of gasoline produced or
distributed by the refinery or importer
in the calendar year only to the extent
that the quantity is less than or equal
to the average annual quantity of
reformulated gasoline produced or
distributed by the refinery or importer
during calendar years 1999 and 2000.
``(II) Applicability of other
standards.--For any calendar year, the
quantity of gasoline produced or
distributed by a refinery or importer
that is in excess of the quantity
subject to subclause (I) shall be
subject to standards for toxic air
pollutants promulgated under
subparagraph (A) and paragraph (3)(B).
``(iv) Credit program.--The Administrator
shall provide for the granting and use of
credits for emissions of toxic air pollutants
in the same manner as provided in paragraph
(7).
``(v) Regional protection of toxics
reduction baselines.--
``(I) In general.--Not later than
60 days after the date of enactment of
this subparagraph, and not later than
April 1 of each calendar year that
begins after that date of enactment,
the Administrator shall publish in the
Federal Register a report that
specifies, with respect to the previous
calendar year--
``(aa) the quantity of
reformulated gasoline produced
that is in excess of the
average annual quantity of
reformulated gasoline produced
in 1999 and 2000; and
``(bb) the reduction of the
average annual aggregate
emissions of toxic air
pollutants in each PADD, based
on retail survey data or data
from other appropriate sources.
``(II) Effect of failure to
maintain aggregate toxics reductions.--
If, in any calendar year, the reduction
of the average annual aggregate
emissions of toxic air pollutants in a
PADD fails to meet or exceed the
reduction of the average annual
aggregate emissions of toxic air
pollutants in the PADD in calendar
years 1999 and 2000, the Administrator,
not later than 90 days after the date
of publication of the report for the
calendar year under subclause (I),
shall--
``(aa) identify, to the
maximum extent practicable, the
reasons for the failure,
including the sources, volumes,
and characteristics of
reformulated gasoline that
contributed to the failure; and
``(bb) promulgate revisions
to the regulations promulgated
under clause (ii), to take
effect not earlier than 180
days but not later than 270
days after the date of
promulgation, to provide that,
notwithstanding clause
(iii)(II), all reformulated
gasoline produced or
distributed at each refinery or
importer shall meet the
standards applicable under
clause (iii) not later than
April 1 of the year following
the report in subclause (II)
and for subsequent years.
``(vi) Regulations to control hazardous air
pollutants from motor vehicles and motor
vehicle fuels.--Not later than July 1, 2004,
the Administrator shall promulgate final
regulations to control hazardous air pollutants
from motor vehicles and motor vehicle fuels, as
provided for in section 80.1045 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).''.
(c) Consolidation in Reformulated Gasoline Regulations.--Not later
than 180 days after the date of enactment of this Act, the
Administrator shall revise the reformulated gasoline regulations under
subpart D of part 80 of title 40, Code of Federal Regulations, to
consolidate the regulations applicable to VOC-Control Regions 1 and 2
under section 80.41 of that title by eliminating the less stringent
requirements applicable to gasoline designated for VOC-Control Region 2
and instead applying the more stringent requirements applicable to
gasoline designated for VOC-Control Region 1.
(d) Savings Clause.--Nothing in this section is intended to affect
or prejudice any legal claims or actions with respect to regulations
promulgated by the Administrator prior to enactment of this Act
regarding emissions of toxic air pollutants from motor vehicles.
(e) Determination Regarding a State Petition.--Section 211(k) of
the Clean Air Act (42 U.S.C. 7545(k)) is amended by inserting after
paragraph (10) the following:
``(11) Determination regarding a state petition.--
``(A) In general.--Notwithstanding any other
provision of this section, not less than 30 days after
enactment of this paragraph the Administrator must
determine the adequacy of any petition received from a
Governor of a State to exempt gasoline sold in that
State from the requirements of paragraph (2)(B).
``(B) Approval.--If the determination in (A) is not
made within thirty days of enactment of this paragraph,
the petition shall be deemed approved.''.
SEC. 205. 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) Study on certain fuel additives and blendstocks.--
``(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;
``(II) tertiary amyl methyl ether;
``(III) di-isopropyl ether;
``(IV) tertiary butyl alcohol;
``(V) other ethers and heavy
alcohols, as determined by then
Administrator;
``(VI) ethanol;
``(VII) iso-octane; and
``(VIII) alkylates;
``(ii) conduct a study on the effects on
public health, air quality, and water resources
of the adjustment for ethanol-blended
reformulated gasoline to the VOC performance
requirements otherwise applicable under
sections 211(k)(1) and 211(k)(3) of the Clean
Air Act; and
``(iii) submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the
House of Representatives a report describing
the results of these studies.
``(B) Contracts for study.--In carrying out this
paragraph, the Administrator may enter into one or more
contracts with nongovernmental entities including but
not limited to National Energy Laboratories and
institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)).''.
SEC. 206. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.
Section 211 of the Clean Air Act (42 U.S.C. 7545) (as amended by
section 101(a)) is amended by inserting after subsection (o) the
following:
``(p) 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 paragraph, 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 2002.
``(B) Final analysis.--After providing a reasonable
opportunity for comment but not later than 5 years
after the date of enactment of this paragraph, 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 gasoline
characteristics or components on emissions from vehicles in the
motor vehicle fleet during calendar year 2005.''.
SEC. 207. 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 redesignated by paragraph
(2))--
(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) Ozone transport region.--
``(i) Application of prohibition.--
``(I) In general.--In addition to
the provisions of subparagraph (A),
upon the application of the Governor of
a State in the ozone transport region
established by section 184(a), the
Administrator, not later than 180 days
after the date of receipt of the
application, shall apply the
prohibition specified in paragraph (5)
to any area in the State (other than an
area classified as a marginal,
moderate, serious, or severe ozone
nonattainment area under subpart 2 of
part D of title I) unless the
Administrator determines under clause
(iii) that there is insufficient
capacity to supply reformulated
gasoline.
``(II) Publication of
application.--As soon as practicable
after the date of receipt of an
application under subclause (I), the
Administrator shall publish the
application in the Federal Register.
``(ii) Period of applicability.--Under
clause (i), the prohibition specified in
paragraph (5) shall apply in a State--
``(I) commencing as soon as
practicable but not later than 2 years
after the date of approval by the
Administrator of the application of the
Governor of the State; and
``(II) ending not earlier than 4
years after the commencement date
determined under subclause (I).
``(iii) Extension of commencement date
based on insufficient capacity.--
``(I) In general.--If, after
receipt of an application from a
Governor of a State under clause (i),
the Administrator determines, on the
Administrator's own motion or on
petition of any person, after
consultation with the Secretary of
Energy, that there is insufficient
capacity to supply reformulated
gasoline, the Administrator, by
regulation--
``(aa) shall extend the
commencement date with respect
to the State under clause
(ii)(I) for not more than 1
year; and
``(bb) may renew the
extension under item (aa) for
two additional periods, each of
which shall not exceed 1 year.
``(II) Deadline for action on
petitions.--The Administrator shall act
on any petition submitted under
subclause (I) not later than 180 days
after the date of receipt of the
petition.''.
SEC. 208. FEDERAL ENFORCEMENT OF STATE FUELS REQUIREMENTS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))
is amended--
(1) by striking ``(C) A State'' and inserting the
following:
``(C) Authority of state to control fuels and fuel
additives for reasons of necessity.--
``(i) In general.--A State''; and
(2) by adding at the end the following:
``(ii) Enforcement by the administrator.--
In any case in which a State prescribes and
enforces a control or prohibition under clause
(i), the Administrator, at the request of the
State, shall enforce the control or prohibition
as if the control or prohibition had been
adopted under the other provisions of this
section.''.
SEC. 209. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.
(a) Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency and the Secretary of Energy shall jointly
conduct a study of Federal, State, and local requirements
concerning motor vehicle fuels, including--
(A) requirements relating to reformulated gasoline,
volatility (measured in Reid vapor pressure),
oxygenated fuel, and diesel fuel; and
(B) other requirements that vary from State to
State, region to region, or locality to locality.
(2) Required elements.--The study shall assess--
(A) the effect of the variety of requirements
described in paragraph (1) on the supply, quality, and
price of motor vehicle fuels available to the consumer;
(B) the effect of the requirements described in
paragraph (1) on achievement of--
(i) national, regional, and local air
quality standards and goals; and
(ii) related environmental and public
health protection standards and goals;
(C) the effect of Federal, State, and local motor
vehicle fuel regulations, including multiple motor
vehicle fuel requirements, on--
(i) domestic refineries;
(ii) the fuel distribution system; and
(iii) industry investment in new capacity;
(D) the effect of the requirements described in
paragraph (1) on emissions from vehicles, refineries,
and fuel handling facilities;
(E) the feasibility of developing national or
regional motor vehicle fuel slates for the 48
contiguous States that, while protecting and improving
air quality at the national, regional, and local
levels, could--
(i) enhance flexibility in the fuel
distribution infrastructure and improve fuel
fungibility;
(ii) reduce price volatility and costs to
consumers and producers;
(iii) provide increased liquidity to the
gasoline market; and
(iv) enhance fuel quality, consistency, and
supply; and
(F) the feasibility of providing incentives, and
the need for the development of national standards
necessary, to promote cleaner burning motor vehicle
fuel.
(b) Report.--
(1) In general.--Not later than June 1, 2006, the
Administrator of the Environmental Protection Agency and the
Secretary of Energy shall submit to Congress a report on the
results of the study conducted under subsection (a).
(2) Recommendations.--
(A) In general.--The report shall contain
recommendations for legislative and administrative
actions that may be taken--
(i) to improve air quality;
(ii) to reduce costs to consumers and
producers; and
(iii) to increase supply liquidity.
(B) Required considerations.--The recommendations
under subparagraph (A) shall take into account the need
to provide advance notice of required modifications to
refinery and fuel distribution systems in order to
ensure an adequate supply of motor vehicle fuel in all
States.
(3) Consultation.--In developing the report, the
Administrator of the Environmental Protection Agency and the
Secretary of Energy shall consult with--
(A) the Governors of the States;
(B) automobile manufacturers;
(C) motor vehicle fuel producers and distributors;
and
(D) the public.
SEC. 210. REVIEW OF FEDERAL PROCUREMENT INITIATIVES RELATING TO USE OF
RECYCLED PRODUCTS AND FLEET AND TRANSPORTATION
EFFICIENCY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall submit to Congress a report
that details efforts by each Federal agency to implement the
procurement policies specified in Executive Order No. 13101 (63 Fed.
Reg. 49643; relating to governmental use of recycled products) and
Executive Order No. 13149 (65 Fed. Reg. 24607; relating to Federal
fleet and transportation efficiency).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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