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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4345 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4345

    To provide liability protection for claims based on the design, 
 manufacture, sale, offer for sale, introduction into commerce, or use 
      of certain fuels and fuel additives, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2012

 Mr. Shimkus (for himself, Mr. Ross of Arkansas, Mr. Sullivan, and Mr. 
  Peterson) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To provide liability protection for claims based on the design, 
 manufacture, sale, offer for sale, introduction into commerce, or use 
      of certain fuels and fuel additives, 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 ``Domestic Fuels Protection Act of 
2012''.

SEC. 2. FUEL COMPATIBILITY.

    (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 et seq.) is amended--
            (1) by redesignating section 9014 as section 9015; and
            (2) by inserting after section 9013 the following:

``SEC. 9014. COMPATIBILITY.

    ``(a) Definitions.--In this section:
            ``(1) Associated dispensing equipment.--The term 
        `associated dispensing equipment' means equipment, at a 
        stationary facility, that is--
                    ``(A) used for the storage and dispensing of any 
                fuel or fuel additive described in subsection (b)(3)(A) 
                and that dispenses the fuel or fuel additive into any 
                fuel tank of any motor vehicle, motor vehicle engine, 
                nonroad vehicle, nonroad engine, or nonroad equipment; 
                and
                    ``(B) subject to regulation under sections 1910.106 
                and 1926.152 of title 29, Code of Federal Regulations 
                (as in effect on the date of enactment of the Domestic 
                Fuels Protection Act of 2012).
            ``(2) Compatible.--The term `compatible' has the meaning 
        given the term in section 280.12 of title 40, Code of Federal 
        Regulations (as in effect on the date of enactment of the 
        Domestic Fuels Protection Act of 2012).
            ``(3) Motor vehicle.--The term `motor vehicle' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            ``(4) Motor vehicle engine.--The term `motor vehicle 
        engine' means an engine in a motor vehicle.
            ``(5) Nonroad engine.--The term `nonroad engine' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            ``(6) Nonroad equipment.--The term `nonroad equipment' 
        means any recreational, construction, industrial, agricultural, 
        logging, residential, commercial lawn and garden, or other 
        equipment that is powered by a nonroad engine.
            ``(7) Nonroad vehicle.--The term `nonroad vehicle' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            ``(8) Provider of financial assurance.--The term `provider 
        of financial assurance' has the meaning given the term in 
        section 280.92 of title 40, Code of Federal Regulations (as in 
        effect on the date of enactment of the Domestic Fuels 
        Protection Act of 2012).
            ``(9) Underground storage tank system.--The term 
        `underground storage tank system' means an underground storage 
        tank, connected underground piping, underground ancillary 
        equipment, and containment system, if any.
    ``(b) Compatibility With Fuels.--
            ``(1) Liability.--No person shall be liable under any 
        Federal, State, or local law (including common law) because an 
        underground storage tank, underground storage tank system, or 
        associated dispensing equipment is not compatible with a fuel 
        or fuel additive described in paragraph (3)(A) if the tank, 
        system, or equipment has been determined to be compatible with 
        the fuel or fuel additive under the guidelines or regulations 
        described in paragraph (3).
            ``(2) Financial assurance.--A provider of financial 
        assurance shall not deny payment for any claim on the basis 
        that an underground storage tank, underground storage tank 
        system, or associated dispensing equipment is not compatible 
        with a fuel or fuel additive described in paragraph (3)(A) if 
        the tank, system, or equipment has been determined to be 
        compatible with the fuel or fuel additive under the guidelines 
        or regulations described in paragraph (3).
            ``(3) Guidelines and regulations.--
                    ``(A) In general.--Paragraphs (1) and (2) apply to 
                any underground storage tank, underground storage tank 
                system, and associated dispensing equipment that meets 
                any guidelines or regulations, which may be revised 
                under subparagraph (B), issued by the Administrator and 
                in effect on the date of enactment of the Domestic 
                Fuels Protection Act of 2012, addressing compatibility 
                of such tanks, systems, or equipment with any fuel or 
                fuel additive that is authorized and registered, or for 
                which an updated registration is accepted, by the 
                Administrator or under any Federal law, for use in a 
                motor vehicle, motor vehicle engine, nonroad vehicle, 
                nonroad engine, or nonroad equipment.
                    ``(B) Regulations.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Domestic 
                        Fuels Protection Act of 2012, the Administrator 
                        shall issue, or if applicable revise, 
                        regulations setting standards for determining 
                        whether an underground storage tank, 
                        underground storage tank system, or associated 
                        dispensing equipment is compatible with a fuel 
                        or fuel additive described in subparagraph (A).
                            ``(ii) Minimum standards.--The regulations 
                        issued under clause (i) shall include minimum 
                        standards and processes for certification by 
                        the Administrator or by an owner, operator, or 
                        manufacturer of underground storage tanks, 
                        underground storage tank systems, or associated 
                        dispensing equipment, to ensure compatibility.
            ``(4) Underground storage tanks, underground storage tank 
        systems, and associated dispensing equipment previously listed 
        as compatible.--Any underground storage tank, underground 
        storage tank system, or associated dispensing equipment that, 
        on or before the date of enactment of the Domestic Fuels 
        Protection Act of 2012, is listed by a nationally recognized 
        testing laboratory as compatible with a fuel or fuel additive 
        described in paragraph (3)(A) shall be deemed compatible with 
        such fuel or fuel additive under the regulations issued under 
        this subsection.
            ``(5) Administration.--Nothing in this section affects--
                    ``(A) the introduction into commerce, offering for 
                sale, or sale of any fuel or fuel additive; or
                    ``(B) any applicable requirement, including any 
                requirement under section 211(o) of the Clean Air Act 
                (42 U.S.C. 7545(o)).''.
    (b) Conforming Amendments.--The Solid Waste Disposal Act is 
amended--
            (1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)), 
        by striking ``section 9014(2)(B)'' and inserting ``section 
        9015(2)(B)'';
            (2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by 
        striking ``section 9014(2)(A)'' and inserting ``section 
        9015(2)(A)''; and
            (3) in section 9011 (42 U.S.C. 6991j), by striking 
        ``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''.
    (c) Table of Contents.--The table of contents contained in section 
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by 
striking the item relating to section 9014 and inserting the following:

``Sec. 9014. Compatibility.
``Sec. 9015. Authorization of Appropriations.''.

SEC. 3. MISFUELING.

    (a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C. 
7545(g)) is amended by adding at the end the following:
    ``(3) Limitation on Liability.--
            ``(A) Limitation.--
                    ``(i) In general.--Except as provided in clause 
                (ii), no person shall be liable under any provision of 
                this Act or any Federal, State, or local law, including 
                common law, if--
                            ``(I) a self-service purchaser introduces 
                        any transportation fuel into any motor vehicle, 
                        motor vehicle engine, nonroad vehicle, or 
                        nonroad equipment for which the fuel has not 
                        been approved under subsection (f); or
                            ``(II) the introduction of any 
                        transportation fuel voids the warranty of the 
                        manufacturer of the motor vehicle, motor 
                        vehicle engine, nonroad engine, nonroad 
                        vehicle, or nonroad equipment.
                    ``(ii) Exception.--Clause (i) shall not apply to--
                            ``(I) a person who sells any transportation 
                        fuel and does not comply with the misfueling 
                        regulations adopted by the Administrator under 
                        section 80.1501 of title 40, Code of Federal 
                        Regulations (or successor regulations); or
                            ``(II) a person who intentionally misfuels.
            ``(B) Definitions.--In this paragraph:
                    ``(i) Nonroad equipment.--The term `nonroad 
                equipment' means any recreational, construction, 
                industrial, agricultural, logging, residential, 
                commercial lawn and garden, or other equipment that is 
                powered by a nonroad engine.
                    ``(ii) Transportation fuel.--The term 
                `transportation fuel' means any fuel that contains fuel 
                or a fuel additive that is authorized after January 1, 
                2010, by the Administrator or under any Federal law, 
                for use in any motor vehicle, motor vehicle engine, 
                nonroad vehicle, nonroad engine, or nonroad 
                equipment.''.
    (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 
7545(d)) is amended--
            (1) in paragraph (1), in the first sentence, by inserting 
        ``(g),'' after ``or the regulations prescribed under subsection 
        (c),''; and
            (2) in paragraph (2), in the first sentence, by inserting 
        ``(g),'' after ``of the regulations prescribed under 
        subsections (c),''.

SEC. 4. LIMITATION ON LIABILITY.

    (a) Qualified Civil Liability Actions in Federal Court and State 
Court.--
            (1) In general.--No qualified civil liability action shall 
        be filed or maintained in any court of the United States or any 
        State court.
            (2) Dismissal of pending actions.--Any qualified civil 
        liability action filed or pending in any court of the United 
        States or any State court on or after the date of enactment of 
        this Act shall be dismissed with prejudice.
    (b) Safe Harbor.--Notwithstanding any Federal, State, or local law 
(including common law), no qualified product shall be considered to be 
a defective product, if the qualified product does not violate a 
control or prohibition, respecting any characteristic or component of 
the qualified product, imposed by the Administrator of the 
Environmental Protection Agency under section 211 of the Clean Air Act 
(42 U.S.C. 7545).
    (c) Definitions.--In this section:
            (1) Covered entity.--The term ``covered entity'' means any 
        entity engaged in the design, manufacture, sale, or 
        distribution of any--
                    (A) qualified product; or
                    (B) motor vehicle, motor vehicle engine, nonroad 
                vehicle, nonroad engine, or nonroad equipment.
            (2) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            (3) Motor vehicle engine.--The term ``motor vehicle 
        engine'' means an engine in a motor vehicle.
            (4) Nonroad engine.--The term ``nonroad engine'' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            (5) Nonroad equipment.--The term ``nonroad equipment'' 
        means any recreational, construction, industrial, agricultural, 
        logging, residential, commercial lawn and garden, or other 
        equipment that incorporates a nonroad engine.
            (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            (7) Person.--The term ``person'' has the meaning given the 
        term in section 1 of title 1, United States Code, except that 
        the term includes any governmental entity.
            (8) Qualified civil liability action.--The term ``qualified 
        civil liability action'' means any civil action or proceeding 
        brought by any person against a covered entity for damages, 
        punitive damages, injunctive or declaratory relief, abatement, 
        restitution, fines, penalties, or other relief, resulting from 
        the introduction of any qualified product into any motor 
        vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, 
        or nonroad equipment.
            (9) Qualified product.--The term ``qualified product'' 
        means--
                    (A) any fuel or fuel additive for which a 
                registration is in effect under section 211(b) of the 
                Clean Air Act (42 U.S.C. 7545(b)) or any other Federal 
                law enacted on or after October 13, 2010;
                    (B) a transportation fuel or transportation fuel 
                additive that--
                            (i) contains any renewable fuel (as defined 
                        in section 211(o)(1) of the Clean Air Act (42 
                        U.S.C. 7545(o)(1))); and
                            (ii) is designated for introduction into 
                        interstate commerce by the Administrator of the 
                        Environmental Protection Agency or the 
                        Secretary of Energy under the Clean Air Act (42 
                        U.S.C. 7401 et seq.), the Energy Policy Act of 
                        1992 (42 U.S.C. 13201 et seq.), or any other 
                        Federal law enacted on or after October 13, 
                        2010;
                    (C) any component of a fuel or fuel additive 
                described in subparagraph (A) or (B); or
                    (D) any blend stock.
            (10) State.--The term ``State'' means each of the several 
        States of the United States; the District of Columbia; and any 
        territory, commonwealth, or possession of the United States.
                                 <all>
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