II 

112TH CONGRESS 

2D SESSION S. 2264 

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 SENATE OF THE UNITED STATES 

MARCH 29, 2012 

Mr. HOEVEN (for himself, Mr. BLUNT, Ms. KLOBUCHAR, Mr. CRAPO, and Mr. 

JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Domestic Fuels Act 

5 of 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means— 

3 (A) any entity engaged in the design, man4 ufacture, sale, or distribution of any qualified 

5 product, blend stock, or component of any 

6 qualified product; or 

7 (B) any entity engaged in the design, man8 ufacture, sale, or distribution of any motor ve9 hicle, motor vehicle engine, nonroad vehicle, 

10 nonroad engine, or nonroad equipment. 

11 (2) MOTOR VEHICLE.—The term ‘‘motor vehi12 cle’’ has the meaning given the term in section 216 

13 of the Clean Air Act (42 U.S.C. 7550). 

14 (3) MOTOR VEHICLE ENGINE.—The term 

15 ‘‘motor vehicle engine’’ means an engine in a motor 

16 vehicle. 

17 (4) NONROAD ENGINE.—The term ‘‘nonroad 

18 engine’’ has the meaning given the term in section 

19 216 of the Clean Air Act (42 U.S.C. 7550). 

20 (5) NONROAD EQUIPMENT.—The term 

21 ‘‘nonroad equipment’’ means any recreational, con22 struction, industrial, agricultural, logging, residen23 tial, commercial lawn and garden, or other equip24 ment that incorporates a nonroad engine. 


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1 (6) NONROAD VEHICLE.—The term ‘‘nonroad 

2 vehicle’’ has the meaning given the term in section 

3 216 of the Clean Air Act (42 U.S.C. 7550). 

4 (7) PERSON.—The term ‘‘person’’ has the 

5 meaning given the term in section 1 of title 1, 

6 United States Code, except that the term includes 

7 any governmental entity. 

8 (8) QUALIFIED CIVIL LIABILITY ACTION.—The 

9 term ‘‘qualified civil liability action’’ means any civil 

10 action or proceeding brought by any person against 

11 a covered entity for damages, punitive damages, in12 junctive or declaratory relief, abatement, restitution, 

13 fines, penalties, or other relief, resulting from the in14 troduction of any qualified product into any motor 

15 vehicle, motor vehicle engine, nonroad vehicle, 

16 nonroad engine, or nonroad equipment. 

17 (9) QUALIFIED PRODUCT.—The term ‘‘qualified 

18 product’’ means— 

19 (A) any transportation fuel or transpor20 tation fuel additive that is registered, or for 

21 which an updated registration is accepted, for 

22 introduction into interstate commerce by the 

23 Administrator of the Environmental Protection 

24 Agency under section 211(b) of the Clean Air 


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1 Act (42 U.S.C. 7545(b)) or any other Federal 

2 law enacted on or after October 13, 2010; or 

3 (B) a transportation fuel or transportation 

4 fuel additive that— 

5 (i) contains any renewable fuel (as de6 fined in section 211(o)(1) of the Clean Air 

7 Act (42 U.S.C. 7545(o)(1))); and 

8 (ii) is designated for introduction into 

9 interstate commerce by the Administrator 

10 of the Environmental Protection Agency or 

11 the Secretary of Energy under the Clean 

12 Air Act (42 U.S.C. 7401 et seq.), the En13 ergy Policy Act of 1992 (42 U.S.C. 13201 

14 et seq.), or any other Federal law enacted 

15 on or after October 13, 2010. 

16 (10) STATE.—The term ‘‘State’’ means— 

17 (A) each of the several States of the 

18 United States; 

19 (B) the District of Columbia; 

20 (C) the Commonwealth of Puerto Rico; 

21 and 

22 (D) any other territory or possession of the 

23 United States. 


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1 SEC. 3. FUEL COMPATIBILITY. 

2 (a) COMPATIBILITY.—Subtitle I of the Solid Waste 

3 Disposal Act (42 U.S.C. 9001 et seq.) is amended— 

4 (1) by redesignating section 9014 as section 

5 9015; and 

6 (2) by inserting after section 9013 the fol7 lowing: 

8 ‘‘SEC. 9014. COMPATIBILITY. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) ASSOCIATED DISPENSING EQUIPMENT.— 

11 The term ‘associated dispensing equipment’ means 

12 equipment that is— 

13 ‘‘(A) for the storage and dispensing of any 

14 fuel or fuel additive described in subsection 

15 (b)(3) at a stationary facility that dispenses the 

16 fuel or fuel additive into any fuel tank of any 

17 motor vehicle, motor vehicle engine, nonroad ve18 hicle, nonroad engine, or nonroad equipment; 

19 and 

20 ‘‘(B) subject to regulation under sections 

21 1910.106 and 1926.152 of title 29, Code of 

22 Federal Regulations (as in effect on the date of 

23 enactment of the Domestic Fuels Act of 2012). 

24 ‘‘(2) COMPATIBLE.—The term ‘compatible’ has 

25 the meaning given the term in section 280.12 of title 

26 40, Code of Federal Regulations (as in effect on the 


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1 date of enactment of the Domestic Fuels Act of 

2 2012). 

3 ‘‘(3) PROVIDER OF FINANCIAL ASSURANCE.— 

4 The term ‘provider of financial assurance’ has the 

5 meaning given the term in section 280.92 of title 40, 

6 Code of Federal Regulations (as in effect on the 

7 date of enactment of the Domestic Fuels Act of 

8 2012). 

9 ‘‘(4) UNDERGROUND STORAGE TANK.—The 

10 term ‘underground storage tank’ has the meaning 

11 given the term in section 280.12 of title 40, Code of 

12 Federal Regulations (as in effect on the date of en13 actment of the Domestic Fuels Act of 2012). 

14 ‘‘(5) UNDERGROUND STORAGE TANK SYS15 TEM.—The term ‘underground storage tank system’ 

16 means an underground storage tank, connected un17 derground piping, underground ancillary equipment, 

18 and containment system, if any. 

19 ‘‘(b) COMPATIBILITY WITH FUELS.— 

20 ‘‘(1) LIABILITY.—No person shall be liable 

21 under any provision of this Act or any other Fed22 eral, State, or local law, including common law, be23 cause any underground storage tank, underground 

24 storage tank system, or associated dispensing equip25 ment that stores or dispenses any fuel or fuel addiVerDate Mar 15 2010 22:28 Apr 02, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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1 tive described in paragraph (3)(A) is not compatible 

2 with the fuel or fuel additive if the tank, system, or 

3 equipment has been determined to be compatible 

4 with the fuel or fuel additive under the guidelines or 

5 regulations described in paragraph (3). 

6 ‘‘(2) FINANCIAL ASSURANCE.—A provider of fi7 nancial assurance shall not deny payment for any 

8 claim on the basis that any underground storage 

9 tank, underground storage tank system, or associ10 ated dispensing equipment that stores or dispenses 

11 any fuel or fuel additive described in paragraph 

12 (3)(A) is not compatible with the fuel or fuel addi13 tive if the tank, system, or equipment has been de14 termined to be compatible with the fuel or fuel addi15 tive under the guidelines or regulations described in 

16 paragraph (3). 

17 ‘‘(3) GUIDELINES AND REGULATIONS.— 

18 ‘‘(A) IN GENERAL.—Paragraph (1) applies 

19 to any underground storage tank and under20 ground storage tank system that meets any 

21 guidance or regulation, which may be revised 

22 under subparagraph (B), issued by the Admin23 istrator existing on the date of enactment of the 

24 Domestic Fuels Act of 2012 addressing compat25 ibility of such tanks or systems with any fuel or 


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1 fuel additive that is authorized and registered, 

2 or for which an updated registration is accept3 ed, by the Administrator or under any Federal 

4 law, for use in a motor vehicle, motor vehicle 

5 engine, nonroad vehicle, nonroad engine, or 

6 nonroad equipment. 

7 ‘‘(B) REGULATIONS.— 

8 ‘‘(i) IN GENERAL.—Not later than 1 

9 year after the date of enactment of the Do10 mestic Fuels Act of 2012, the Adminis11 trator shall promulgate, or if applicable re12 vise, regulations setting standards for de13 termining whether any underground stor14 age tank, underground storage tank sys15 tem, and associated dispensing equipment 

16 is compatible with any fuel or fuel additive 

17 that is authorized and registered, or for 

18 which an updated registration is accepted, 

19 by the Administrator or under any Federal 

20 law for use in a motor vehicle, motor vehi21 cle engine, nonroad vehicle, nonroad en22 gine, or nonroad equipment. 

23 ‘‘(ii) MINIMUM STANDARDS.—Regula24 tions promulgated under subparagraph (B) 

25 shall include minimum standards and procVerDate Mar 15 2010 22:28 Apr 02, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264

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1 esses for certification by the Adminis2 trator, owner, operator, manufacturer, or 

3 any other entity identified by the Adminis4 trator to ensure compatibility. 

5 ‘‘(4) UNDERGROUND STORAGE TANKS, UNDER6 GROUND STORAGE TANK SYSTEMS, AND ASSOCIATED

7 DISPENSING EQUIPMENT PREVIOUSLY LISTED AS

8 COMPATIBLE.—Any underground storage tank, un9 derground storage tank system, or associated dis10 pensing equipment that, as of the date of enactment 

11 of the Domestic Fuels Act of 2012, has been listed 

12 by a nationally recognized testing laboratory as com13 patible with a fuel or fuel additive described in para14 graph (3) shall be compatible under the regulations 

15 issued under this subsection. 

16 ‘‘(5) ADMINISTRATION.—Nothing in this section 

17 affects— 

18 ‘‘(A) the introduction into commerce, offer19 ing for sale, or sale of any fuel or fuel additive; 

20 or 

21 ‘‘(B) any applicable requirement, including 

22 any requirement under section 211(o) of the 

23 Clean Air Act (42 U.S.C. 7545(o)).’’. 

24 (b) CONFORMING AMENDMENTS.—The Solid Waste 

25 Disposal Act is amended— 


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1 (1) in section 9003(h)(12)(A) (42 U.S.C. 

2 6991b(h)(12)(A)), by striking ‘‘section 9014(2)(B)’’ 

3 and inserting ‘‘section 9015(2)(B)’’; 

4 (2) in section 9004(f)(1)(A) (42 U.S.C. 

5 6991c(f)(1)(A)), by striking ‘‘section 9014(2)(A)’’ 

6 and inserting ‘‘section 9015(2)(A)’’; and 

7 (3) in section 9011 (42 U.S.C. 6991j), by strik8 ing ‘‘section 9014(2)(D)’’ and inserting ‘‘section 

9 9015(2)(D)’’. 

10 (c) TABLE OF CONTENTS.—The table of contents 

11 contained in section 1001 of the Solid Waste Disposal Act 

12 (42 U.S.C. 6901) is amended by striking the item relating 

13 to section 9014 and inserting the following: 

‘‘Sec. 9014. Compatibility. 

‘‘Sec. 9015. Authorization of Appropriations.’’. 

14 SEC. 4. MISFUELING. 

15 (a) IN GENERAL.—Section 211(g) of the Clean Air 

16 Act (42 U.S.C. 7545(g)) is amended by adding at the end 

17 the following: 

18 ‘‘(3) REGULATIONS.— 

19 ‘‘(A) DEFINITIONS.—In this paragraph: 

20 ‘‘(i) ASSOCIATED DISPENSING EQUIP21 MENT.—The term ‘associated dispensing 

22 equipment’ has the meaning given the term 

23 in section 9014(a) of the Solid Waste Dis24 posal Act. 


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1 ‘‘(ii) TRANSPORTATION FUEL.—The 

2 term ‘transportation fuel’ means any fuel 

3 that contains fuel or fuel additive that is 

4 authorized after January 1, 2010, by the 

5 Administrator or under any Federal law, 

6 for use in any motor vehicle, motor vehicle 

7 engine, nonroad vehicle, nonroad engine, or 

8 nonroad equipment. 

9 ‘‘(B) LIABILITY.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), no person shall be lia12 ble under any provision of this Act or any 

13 Federal, State, or local law, including com14 mon law, if— 

15 ‘‘(I) a self-service purchaser in16 troduces any transportation fuel into 

17 any motor vehicle, motor vehicle en18 gine, nonroad vehicle, or nonroad 

19 equipment for which the fuel has not 

20 been approved under subsection (f); or 

21 ‘‘(II) the introduction of any 

22 transportation fuel voids the warranty 

23 of the manufacturer of the motor ve24 hicle, motor vehicle engine, nonroad 


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1 engine, nonroad vehicle, or nonroad 

2 equipment. 

3 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

4 not apply to— 

5 ‘‘(I) a person who sells any 

6 transportation fuel and does not com7 ply with the misfueling regulations 

8 adopted by the Administrator under 

9 section 80.1501 of title 40, Code of 

10 Federal Regulations (or successor reg11 ulation); or 

12 ‘‘(II) a person who intentionally 

13 misfuels.’’. 

14 (b) PENALTIES.—Section 211(d) of the Clean Air Act 

15 (42 U.S.C. 7545(d)) is amended— 

16 (1) in paragraph (1), in the first sentence, by 

17 inserting ‘‘(g),’’ after ‘‘or the regulations prescribed 

18 under subsection (c),’’; and 

19 (2) in paragraph (2), in the first sentence, by 

20 inserting ‘‘(g),’’ after ‘‘of the regulations prescribed 

21 under subsections (c),’’. 


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1 SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL 

2 COURT AND STATE COURT. 

3 (a) IN GENERAL.—No qualified civil liability action 

4 shall be filed or maintained in any court of the United 

5 States or any State court. 

6 (b) DISMISSAL OF PENDING ACTIONS.—Any quali7 fied civil liability action pending in any court of the United 

8 States or any State court on or after the date of enact9 ment of this Act shall be dismissed with prejudice. 

10 SEC. 6. SAFE HARBOR. 

11 Notwithstanding any other provision of Federal, 

12 State, or local law, including common law, no qualified 

13 product, blend stock, or component of a qualified product 

14 shall be considered to be a defective product, if the quali15 fied product does not violate a control or prohibition with 

16 respect to any characteristic or component of the qualified 

17 product imposed by the Administrator of the Environ18 mental Protection Agency under section 211 of the Clean 

19 Air Act (42 U.S.C. 7545). 

Æ 


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