II 

109TH CONGRESS 

1ST SESSION S. 1859 

To amend the Clean Air Act to provide for a Federal Fuels List, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7 (legislative day, OCTOBER 6), 2005 

Mr. BURR (for himself, Mr. ALLEN, Mr. DEMINT, and Mr. TALENT) 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 provide for a Federal Fuels 

List, 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 ‘‘Affordable and Reli5 able Gas Act of 2005’’. 

6 SEC. 2. LIST OF FUELS. 

7 (a) LIST OF FUELS.—Section 211(c)(4)(C) of the 

8 Clean Air Act (42 U.S.C. 7545(c)(4)(C)) (as amended by 

9 the Energy Policy Act of 2005 (Public Law 109–58; 119 
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1 Stat. 1106)) is amended by striking the second clause (v) 

2 and inserting the following: 

3 ‘‘(vi)(I) The Administrator shall have no authority, 

4 when considering a State implementation plan or a State 

5 implementation plan revision, to approve under this para6 graph any fuel included in such plan or revision if the ef7 fect of such approval would be to increase the total num8 ber of fuels approved under this paragraph as of Sep9 tember 1, 2004 in all State implementation plans. 

10 ‘‘(II) The Administrator, in consultation with the 

11 Secretary of Energy, shall determine the total number of 

12 fuels approved under this paragraph as of September 1, 

13 2004, in all State implementation plans and shall publish 

14 a list of such fuels, including the states and Petroleum 

15 Administration for Defense District in which they are 

16 used, in the Federal Register no later than 90 days after 

17 enactment. 

18 ‘‘(III) The Administrator shall remove a fuel from the 

19 list published under subclause (II) if a fuel ceases to be 

20 included in a State implementation plan or if a fuel in 

21 a State implementation plan is identical to a Federal fuel 

22 formulation implemented by the Administrator and shall 

23 reduce the total number of fuels authorized under the list 

24 published under subclause (II) appropriately. 
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1 ‘‘(IV) Subclause (I) shall not limit the Administra2 tor’s authority to approve a control or prohibition respect3 ing any new fuel under this paragraph in a State’s imple4 mentation plan or a revision to that State’s implementa5 tion plan after the date of enactment of this Act if such 

6 new fuel completely replaces a fuel on the list published 

7 under subclause (II). 

8 ‘‘(V) The Administrator shall have no authority 

9 under this paragraph, when considering any particular 

10 State’s implementation plan or a revision to that State’s 

11 implementation plan, to approve any fuel unless that fuel 

12 was, as of the date of such consideration, approved in at 

13 least one State implementation plan in the applicable Pe14 troleum Administrator for Defense District. However, the 

15 Administrator may approve as part of a State implementa16 tion plan or State implementation plan revision a fuel with 

17 a summertime Reid Vapor Pressure of 7.0 psi. In no event 

18 shall such approval by the Administrator cause an increase 

19 in the total number of fuels on the list published under 

20 subclause (II) as of the date of consideration. 

21 ‘‘(VI) Nothing in this clause shall be construed to 

22 have any effect regarding any available authority of States 

23 to require the use of any fuel additive registered in accord24 ance with subsection (b), including any fuel additive reg-
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1 istered in accordance with subsection (b) after the enact2 ment of this subclause. 

3 ‘‘(vii)(I) The provisions of clause (vi), including the 

4 limitations of the authority of the Administrator and the 

5 cap on the total number of fuels permitted, shall remain 

6 in effect until the harmonization of fuels under subclause 

7 V of this clause is accomplished. Once such harmonization 

8 has been accomplished, clause (v) shall sunset and the lim9 itations of the authority of the Administrator under sub10 clause (IV) of this clause shall apply. 

11 ‘‘(II) The Administrator, in coordination with the 

12 Secretary of Energy (hereinafter in this clause referred 

13 to as the ‘Secretary’), shall identify and publish in the 

14 Federal Register, within 12 months after the enactment 

15 of this subclause and after notice and opportunity for pub16 lic comment, a list of 5 gasolines and diesel fuels to be 

17 used in States that have not received a waiver under sec18 tion 209(b) of this Act. The list shall be referred to as 

19 the ‘Federal Fuels List’ and shall include one Federal on20 road diesel fuel (which shall grandfather the sulfur phase 

21 down in the Administrator’s ultra low sulfur diesel fuel 

22 regulations in effect as of the date of enactment and shall 

23 permit the implementation of one alternative diesel fuel, 

24 approved under this subparagraph before enactment of 

25 this subclause for a State that has not received a section 
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1 209(b) waiver, only in the State in which it was approved 

2 prior to enactment), one conventional gasoline for ozone 

3 attainment areas, one reformulated gasoline (RFG) meet4 ing the requirements of subsection (k), and 2 additional 

5 gasolines with Reid vapor pressure (RVP) controls for use 

6 in ozone attainment areas of varying degrees of severity. 

7 None of the fuels identified under this subclause shall con8 trol fuel sulfur or toxics levels beyond levels required by 

9 regulations of the Administrator. 

10 ‘‘(III) Gasolines and diesel fuels shall be included on 

11 the Federal Fuels List based on the Administrator’s anal12 ysis of their ability to reduce ozone emissions to assist 

13 States in attaining established ozone standards under this 

14 Act, and on an analysis by the Secretary that the adoption 

15 of the Federal Fuels List will not result in a reduction 

16 in supply or in producibility, including that caused by a 

17 reduction in domestic refining capacity as a result of the 

18 adoption of the Federal Fuels List. In the event the Sec19 retary concludes that adoption of the Federal Fuels List 

20 will result in a reduction in supply or in producibility, the 

21 Administrator and the Secretary shall report that conclu22 sion to Congress, and suspend implementation of this 

23 clause. The Administrator and the Secretary shall conduct 

24 the study required under section 1541(c) of the Energy 

25 Policy Act of 2005 on the timetable required in that sec-
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1 tion to provide Congress with legislative recommendations 

2 for modifications to the proposed Federal Fuels List only 

3 if the Secretary concludes that adoption of the Federal 

4 Fuels List will result in a reduction in supply or in 

5 producibility. 

6 ‘‘(IV) Upon publication of the Federal Fuels List, the 

7 Administrator shall have no authority, when considering 

8 a State implementation plan or State implementation plan 

9 revisions, to approve under this subparagraph any fuel in10 cluded in such plan or plan revision if the proposed fuel 

11 is not one of the fuels on the Federal Fuels List; or to 

12 approve a State’s plan or plan revision to move from one 

13 fuel on the Federal Fuels List to another unless, after con14 sultation with the Secretary, the Administrator publishes 

15 in the Federal Register, after notice and opportunity for 

16 public comment, a finding that, in the Administrator’s 

17 judgment, such plan or plan revision to adopt a different 

18 fuel on the Federal Fuels List will not cause fuel supply 

19 or distribution disruptions in the affected area or contig20 uous areas. The Administrator’s finding shall include an 

21 assessment of reasonably foreseeable supply or distribu22 tion emergencies that could occur in the affected area or 

23 contiguous area and how adoption of the particular fuel 

24 revisions would effect alternative supply options during 

25 reasonably foreseeable supply or distribution emergencies. 
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1 ‘‘(V) The Administrator, in consultation with the Sec2 retary, shall develop a plan to harmonize the currently ap3 proved fuels in State implementation plans with the fuels 

4 included on the Federal Fuels List and shall promulgate 

5 implementing regulations for this plan not later than 18 

6 months after enactment of this subclause. This harmoni7 zation shall be fully implemented by the States by Decem8 ber 31, 2008.’’. 

9 (b) BOUTIQUE FUELS.—Section 1541 of the Energy 

10 Policy Act of 2005 (Public Law 109–58; 119 Stat. 1106) 

11 is amended by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) STUDY AND REPORT TO CONGRESS ON BOU14 TIQUE FUELS.— 

15 ‘‘(1) JOINT STUDY.—The Administrator of the 

16 Environmental Protection Agency and the Secretary 

17 of Energy shall undertake a study of the effects on 

18 air quality, on the number of fuel blends, on fuel 

19 availability, on fuel fungibility, and on fuel costs of 

20 the State plan provisions adopted pursuant to sec21 tion 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 

22 7545(c)(4)(C)). 

23 ‘‘(2) FOCUS OF STUDY.—The primary focus of 

24 the study required under paragraph (1) shall be to 

25 determine how to develop a Federal fuels system 
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1 that maximizes motor fuel fungibility and supply, 

2 preserves air quality standards, and reduces motor 

3 fuel price volatility that results from the prolifera4 tion of boutique fuels, and to recommend to Con5 gress such legislative changes as are necessary to 

6 implement such a system. The study should include 

7 the impacts on overall energy supply, distribution, 

8 and use as a result of the legislative changes rec9 ommended. The study should include an analysis of 

10 the impact on ozone emissions and supply of a man11 datory reduction in the number of fuel blends to 5, 

12 including one on-road Federal diesel fuel (which 

13 shall grandfather the sulfur phase down in the Ad14 ministrator’s ultra low sulfur diesel fuel regulations 

15 and shall permit the implementation of, one alter16 native diesel fuel, blend approved under this sub17 paragraph before enactment of this subclause for a 

18 State that has not received a section 209(b) waiver, 

19 only in the State in which it was approved prior to 

20 enactment), one conventional gasoline for ozone at21 tainment areas, one reformulated gasoline (RFG) 

22 meeting the requirements of subsection (k), and 2 

23 additional gasolines blends with Reid vapor pressure 

24 (RVP) controls for use in ozone attainment areas of 

25 varying degrees of severity. 
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1 ‘‘(3) CONDUCT OF STUDY.—In carrying out 

2 their joint duties under this section, the Adminis3 trator and the Secretary shall use sound science and 

4 objective science practices, shall consider the best 

5 available science, shall use data collected by accepted 

6 means and shall consider and include a description 

7 of the weight of the scientific evidence. The Adminis8 trator and the Secretary shall coordinate the study 

9 required by this section with other studies required 

10 by the act and shall endeavor to avoid duplication of 

11 effort with regard to such studies. 

12 ‘‘(4) RESPONSIBILITY OF ADMINISTRATOR.—In 

13 carrying out the study required by this section, the 

14 Administrator shall coordinate obtaining comments 

15 from affected parties interested in the air quality 

16 impact assessment portion of the study. The Admin17 istrator shall use sound and objective science prac18 tices, shall consider the best available science, and 

19 shall consider and include a description of the 

20 weight of the scientific evidence. 

21 ‘‘(5) RESPONSIBILITY OF SECRETARY.—In car22 rying out the study required by this section, the Sec23 retary shall coordinate obtaining comments from af24 fected parties interested in the fuel availability, 
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1 number of fuel blends, fuel fungibility and fuel costs 

2 portion of the study. 

3 ‘‘(6) REPORT TO CONGRESS.—The Adminis4 trator and the Secretary jointly shall submit the re5 sults of the study required by this section in a report 

6 to the Congress not later than 12 months after the 

7 date of the enactment of this Act, together with any 

8 recommended regulatory and legislative changes. 

9 Such report shall be submitted to the Committee on 

10 Energy and Commerce of the House of Representa11 tives and the Committee on Environment and Public 

12 Works of the Senate. 

13 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated jointly to the 

15 Administrator and the Secretary $500,000 for the 

16 completion of the study required under this sub17 section.’’. 

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