II 

111TH CONGRESS 

1ST SESSION S. 1666 

To require the Administrator of the Environmental Protection Agency to 

satisfy certain conditions before issuing to producers of mid-level ethanol 

blends a waiver from certain requirements under the Clean Air Act, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2009 

Ms. COLLINS (for herself, Mr. CARDIN, Mr. WHITEHOUSE, and Ms. 

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

A BILL 

To require the Administrator of the Environmental Protection Agency to satisfy certain conditions before issuing 

to producers of mid-level ethanol blends a waiver from 

certain requirements under the Clean Air Act, 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. INTRODUCTION OF HIGHER ETHANOL BLENDS 

4 INTO COMMERCE. 

5 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) MID-LEVEL ETHANOL BLEND.—The term 

5 ‘‘mid-level ethanol blend’’ means an ethanol-gasoline 

6 blend containing greater than 10 percent ethanol by 

7 volume that is intended to be used in any conven8 tional gasoline-powered onroad or nonroad vehicle or 

9 engine. 

10 (3) WIDESPREAD USE.—The term ‘‘widespread 

11 use’’, with respect to the use of a particular fuel, 

12 system, or component in an onroad or nonroad vehi13 cle or nonroad engine, has such meaning as is given 

14 the term by the Administrator in accordance with 

15 the determination of the Administrator under section 

16 202(a)(6) of the Clean Air Act (42 U.S.C. 

17 7521(a)(6)). 

18 (b) INTRODUCTION OF HIGHER ETHANOL BLENDS

19 INTO COMMERCE.—Notwithstanding any other provision 

20 of law, the Administrator may permit or authorize the in21 troduction into commerce of a mid-level ethanol blend for 

22 use in conventional gasoline-powered onroad and nonroad 

23 vehicles and nonroad engines only if— 

24 (1) not later than 1 year after the date of en25 actment of this Act, the Science Advisory Board of 


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1 the Environmental Protection Agency, after oppor2 tunity for public comment and an analysis of avail3 able independent scientific evidence, submits to the 

4 Administrator, and the Administrator provides for 

5 notice and a public comment for a period of not less 

6 than 30 days on, a report that describes (and, with 

7 respect to the matters described in subparagraph 

8 (A), provides recommendations on mitigating)— 

9 (A)(i) the impact of the mid-level ethanol 

10 blend on engine performance of conventional 

11 gasoline-powered onroad and nonroad vehicles 

12 and nonroad engines; 

13 (ii) emissions from the use of the blend; 

14 and 

15 (iii) materials compatibility and consumer 

16 safety issues associated with the use of those 

17 blends (including the identification of insuffi18 cient data or information for some or all of 

19 those vehicles and engines with respect to each 

20 of issues described in this clause and clauses (i) 

21 and (ii)); 

22 (B) the ability of wholesale and retail gaso23 line distribution infrastructure, including bulk 

24 storage, retail storage configurations, and retail 

25 equipment (including certification of equipment 


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1 compatibility by independent organizations), to 

2 introduce the mid-level ethanol blend into com3 merce without widespread intentional or unin4 tentional misfueling by consumers; and 

5 (C) the estimated ability of consumers, de6 termined through separate reviews of popu7 lations in rural areas and of areas with popu8 lations greater than 50,000 individuals, to pur9 chase gasoline other than that mid-level ethanol 

10 blend— 

11 (i) in metropolitan areas having popu12 lations greater than 50,000 individuals 

13 throughout the United States; and 

14 (ii) in all areas of the United States, 

15 by the date that is 5 years after the mid16 level ethanol blend is introduced into com17 merce; 

18 (2)(A) the permit or authorization is granted 

19 through the fuels and fuel additives waiver process 

20 under section 211(f)(4) of the Clean Air Act (42 

21 U.S.C. 7545(f)(4)) after the close of the public com22 ment period on the report required under paragraph 

23 (1); and 


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1 (B) the Administrator formally responds to the 

2 recommendations of the Science Advisory Board in 

3 the waiver announcement; and 

4 (3) the mid-level ethanol blend is introduced 

5 into commerce for general use in all conventional 

6 gasoline-powered onroad and nonroad vehicles and 

7 nonroad engines in widespread use as of the date on 

8 which the Administrator authorizes that introduc9 tion. 

Æ 


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