II

Calendar No. 845

106TH CONGRESS

2D SESSION S. 2962

[Report No. 106–426]

To amend the Clean Air Act to address problems concerning methyl tertiary

butyl ether, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2000

Mr. SMITH of New Hampshire introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. SMITH of New Hampshire, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Clean Air Act to address problems concerning

methyl tertiary butyl ether, 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 ‘‘Federal Reformulated

5 Fuels Act of 2000’’.
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1 SEC. 2. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR

2 REFORMULATED GASOLINE.

3 Section 211(k)(1) of the Clean Air Act (42 U.S.C.

4 7545(k)(1)) is amended—

5 (1) by striking ‘‘Within 1 year after the enact6 ment of the Clean Air Act Amendments of 1990,’’

7 and inserting the following:

8 ‘‘(A) IN GENERAL.—Not later than No9 vember 15, 1991,’’; and

10 (2) by adding at the end the following:

11 ‘‘(B) WAIVER OF OXYGEN CONTENT RE12 QUIREMENT.—

13 ‘‘(i) AUTHORITY OF THE GOV14 ERNOR.—

15 ‘‘(I) IN GENERAL.—Notwith16 standing any other provision of this

17 subsection, a Governor of a State,

18 upon notification by the Governor to

19 the Administrator during the 90-day

20 period beginning on the date of enact21 ment of this subparagraph, may waive

22 the application of paragraphs (2)(B)

23 and (3)(A)(v) to gasoline sold or dis24 pensed in the State.

25 ‘‘(II) OPT-IN AREAS.—A Gov26 ernor of a State that submits an ap-
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1 plication under paragraph (6) may, as

2 part of that application, waive the ap3 plication of paragraphs (2)(B) and

4 (3)(A)(v) to gasoline sold or dispensed

5 in the State.

6 ‘‘(ii) TREATMENT AS REFORMULATED

7 GASOLINE.—In the case of a State for

8 which the Governor invokes the waiver de9 scribed in clause (i), gasoline that complies

10 with all provisions of this subsection other

11 than paragraphs (2)(B) and (3)(A)(v) shall

12 be considered to be reformulated gasoline

13 for the purposes of this subsection.

14 ‘‘(iii) EFFECTIVE DATE OF WAIVER.—

15 A waiver under clause (i) shall take effect

16 on the earlier of—

17 ‘‘(I) the date on which the per18 formance standard under subpara19 graph (C) takes effect; or

20 ‘‘(II) the date that is 270 days

21 after the date of enactment of this

22 subparagraph.

23 ‘‘(C) MAINTENANCE OF TOXIC AIR POL24 LUTANT EMISSION REDUCTIONS.—
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1 ‘‘(i) IN GENERAL.—As soon as prac2 ticable after the date of enactment of this

3 subparagraph, the Administrator shall—

4 ‘‘(I) promulgate regulations con5 sistent with subparagraph (A) and

6 paragraph (3)(B)(ii) to ensure that

7 reductions of toxic air pollutant emis8 sions achieved under the reformulated

9 gasoline program under this section

10 before the date of enactment of this

11 subparagraph are maintained in

12 States for which the Governor waives

13 the oxygenate requirement under sub14 paragraph (B)(i); or

15 ‘‘(II) determine that the require16 ment described in clause (iv)—

17 ‘‘(aa) is consistent with the

18 bases for a performance standard

19 described in clause (ii); and

20 ‘‘(bb) shall be deemed to be

21 the performance standard under

22 clause (ii) and shall be applied in

23 accordance with clause (iii).

24 ‘‘(ii) PERFORMANCE STANDARD.—The

25 Administrator, in regulations promulgated
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1 under clause (i)(I), shall establish an an2 nual average performance standard based

3 on—

4 ‘‘(I) compliance survey data;

5 ‘‘(II) the annual aggregate reduc6 tions in emissions of toxic air pollut7 ants achieved under the reformulated

8 gasoline program during calendar

9 years 1998 and 1999, determined on

10 the basis of the volume of reformu11 lated gasoline containing methyl ter12 tiary butyl ether that is sold through13 out the United States; and

14 ‘‘(III) such other information as

15 the Administrator determines to be

16 appropriate.

17 ‘‘(iii) APPLICABILITY.—

18 ‘‘(I) IN GENERAL.—The perform19 ance standard under clause (ii) shall

20 be applied on an annual average refin21 ery-by-refinery basis to all reformu22 lated gasoline that is sold or intro23 duced into commerce by the refinery

24 in a State for which the Governor
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1 waives the oxygenate requirement

2 under subparagraph (B)(i).

3 ‘‘(II) MORE STRINGENT RE4 QUIREMENTS.—The performance

5 standard under clause (ii) shall not

6 apply to the extent that any require7 ment under section 202(l) is more

8 stringent than the performance stand9 ard.

10 ‘‘(III) STATE STANDARDS.—The

11 performance standard under clause

12 (ii) shall not apply in any State that

13 has received a waiver under section

14 209(b).

15 ‘‘(IV) CREDIT PROGRAM.—The

16 Administrator shall provide for the

17 granting of credits for exceeding the

18 performance standard under clause

19 (ii) in the same manner as provided in

20 paragraph (7).

21 ‘‘(iv) STATUTORY PERFORMANCE

22 STANDARD.—

23 ‘‘(I) IN GENERAL.—Subject to

24 subclause (III), if the regulations

25 under clause (i)(I) have not been pro-
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1 mulgated by the date that is 270 days

2 after the date of enactment of this

3 subparagraph, the requirement de4 scribed in subclause (II) shall be

5 deemed to be the performance stand6 ard under clause (ii) and shall be ap7 plied in accordance with clause (iii).

8 ‘‘(II) TOXIC AIR POLLUTANT

9 EMISSIONS.—The aggregate emissions

10 of toxic air pollutants from baseline

11 vehicles when using reformulated gas12 oline shall be 27.5 percent below the

13 aggregate emissions of toxic air pol14 lutants from baseline vehicles when

15 using baseline gasoline.

16 ‘‘(III) SUBSEQUENT REGULA17 TIONS.—The Administrator may mod18 ify the performance standard estab19 lished under subclause (I) through

20 promulgation of regulations under

21 clause (i)(I).’’.

22 SEC. 3. SALE OF GASOLINE CONTAINING MTBE.

23 Section 211(c) of the Clean Air Act (42 U.S.C.

24 7545(c)) is amended—

25 (1) in paragraph (1)(A)—
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1 (A) by inserting ‘‘fuel or fuel additive or’’

2 after ‘‘Administrator any’’; and

3 (B) by striking ‘‘air pollution which’’ and

4 inserting ‘‘air pollution, or water pollution,

5 that’’;

6 (2) in paragraph (4)(B), by inserting ‘‘or water

7 quality protection,’’ after ‘‘emission control,’’; and

8 (3) by adding at the end the following:

9 ‘‘(5) DETERMINATION BY THE ADMINISTRATOR

10 WHETHER TO BAN USE OF MTBE.—

11 ‘‘(A) IN GENERAL.—Not later than 4 years

12 after the date of enactment of this paragraph,

13 the Administrator shall ban use of methyl ter14 tiary butyl ether in gasoline unless the Adminis15 trator determines that the use of methyl ter16 tiary butyl ether in accordance with paragraph

17 (6) poses no substantial risk to water quality,

18 air quality, or human health.

19 ‘‘(B) REGULATIONS CONCERNING PHASE20 OUT.—The Administrator may establish by reg21 ulation a schedule to phase out the use of meth22 yl tertiary butyl ether in gasoline during the pe23 riod preceding the effective date of the ban

24 under subparagraph (A).
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1 ‘‘(6) LIMITATIONS ON SALE OF GASOLINE CON2 TAINING MTBE.—

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), if the Administrator makes the de5 termination described in paragraph (5), for the

6 fourth full calendar year that begins after the

7 date of enactment of this paragraph and each

8 calendar year thereafter—

9 ‘‘(i) the quantity of gasoline sold or

10 introduced into commerce during the cal11 endar year by a refiner, blender, or im12 porter of gasoline shall contain on average

13 not more than 1 percent by volume methyl

14 tertiary butyl ether; and

15 ‘‘(ii) no person shall sell or introduce

16 into commerce any gasoline that contains

17 more than a specified percentage by vol18 ume methyl tertiary butyl ether, as deter19 mined by the Administrator by regulation.

20 ‘‘(B) REGULATIONS CONCERNING TRAD21 ING.—

22 ‘‘(i) IN GENERAL.—The Administrator

23 may promulgate regulations that provide

24 for the granting of an appropriate amount

25 of credits to a person that refines, blends,
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1 or imports, and certifies to the Adminis2 trator, gasoline or a slate of gasoline that

3 has a methyl tertiary butyl ether content

4 that is less than the maximum methyl ter5 tiary butyl ether content specified in sub6 paragraph (A)(i).

7 ‘‘(ii) USE OF CREDITS.—The regula8 tions promulgated under clause (i) shall

9 provide that a person that is granted cred10 its may use the credits, or transfer all or

11 a portion of the credits to another person,

12 for the purpose of complying with the max13 imum methyl tertiary butyl ether content

14 requirement specified in subparagraph

15 (A)(i).

16 ‘‘(iii) MAXIMUM ANNUAL LIMITA17 TION.—The regulations promulgated under

18 clause (i) shall ensure that the total quan19 tity of gasoline sold or introduced into

20 commerce during any calendar year by all

21 refiners, blenders, or importers contains on

22 average not more than 1 percent by volume

23 methyl tertiary butyl ether.

24 ‘‘(C) TEMPORARY WAIVER OF LIMITA25 TIONS.—
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1 ‘‘(i) IN GENERAL.—If the Adminis2 trator, in consultation with the Secretary

3 of Energy, finds, on the Administrator’s

4 own motion or on petition of any person,

5 that there is an insufficient domestic ca6 pacity to produce or import gasoline, the

7 Administrator may, in accordance with sec8 tion 307, temporarily waive the limitations

9 imposed under subparagraph (A).

10 ‘‘(ii) DURATION OF REDUCTION.—

11 ‘‘(I) IN GENERAL.—A waiver

12 under clause (i) shall remain in effect

13 for a period of 15 days unless the Ad14 ministrator, in consultation with the

15 Secretary of Energy, finds, before the

16 end of that period, that there is suffi17 cient domestic capacity to produce or

18 import gasoline.

19 ‘‘(II) EXTENSION.—Upon the ex20 piration of the 15-day period under

21 subclause (I), the waiver may be ex22 tended for an additional 15-day period

23 in accordance with clause (i).

24 ‘‘(iii) DEADLINE FOR ACTION ON PE25 TITIONS.—The Administrator shall act on
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1 any petition submitted under clause (i)

2 within 7 days after the date of receipt of

3 the petition.

4 ‘‘(iv) INAPPLICABILITY OF CERTAIN

5 REQUIREMENTS.—Section 307(d) of this

6 Act and sections 553 through 557 of title

7 5, United States Code, shall not apply to

8 any action on a petition submitted under

9 clause (i).

10 ‘‘(v) STATE AUTHORITY.—At the op11 tion of a State, a waiver under clause (i)

12 shall not apply to any area with respect to

13 which the State has exercised authority

14 under any other provision of law (including

15 subparagraph (D)) to limit the sale or use

16 of methyl tertiary butyl ether.

17 ‘‘(D) STATE PETITIONS TO ELIMINATE USE

18 OF MTBE.—

19 ‘‘(i) IN GENERAL.—A State may sub20 mit to the Administrator a petition re21 questing authority to eliminate the use of

22 methyl tertiary butyl ether in gasoline sold

23 or introduced into commerce in the State

24 in order to protect air quality, water qual25 ity, or human health.
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1 ‘‘(ii) DEADLINE FOR ACTION ON PETI2 TIONS.—The Administrator shall grant or

3 deny any petition submitted under clause

4 (i) within 180 days after the date of re5 ceipt of the petition.’’.

6 SEC. 4. CONVENTIONAL GASOLINE.

7 (a) IN GENERAL.—Section 211(k)(1) of the Clean

8 Air Act (42 U.S.C. 7545(k)(1)) (as amended by section

9 2) is amended by adding at the end the following:

10 ‘‘(D) CONVENTIONAL GASOLINE.—

11 ‘‘(i) IN GENERAL.—Not later than Oc12 tober 1, 2007—

13 ‘‘(I) the Administrator shall de14 termine whether the use of conven15 tional gasoline during the period of

16 calendar years 2005 and 2006 re17 sulted in a greater volume of emis18 sions of criteria air pollutants listed

19 under section 108, and precursors of

20 those pollutants, determined on the

21 basis of a weighted average of those

22 pollutants and precursors, than the

23 volume of such emissions during the

24 period of calendar years 1998 and

25 1999; and
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1 ‘‘(II) if the Administrator deter2 mines that a significant increase in

3 emissions occurred, the Administrator

4 shall promulgate such regulations con5 cerning the use of conventional gaso6 line as are appropriate to eliminate

7 that increase.

8 ‘‘(ii) APPLICABILITY TO CERTAIN

9 STATES.—The Administrator shall make

10 the determination under clause (i)(I) with11 out regard to, and the regulations promul12 gated under clause (i)(II) shall not apply

13 to, any State that has received a waiver

14 under section 209(b).’’.

15 (b) ELIMINATION OF ETHANOL WAIVER.—Section

16 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is

17 amended—

18 (1) by striking paragraph (4); and

19 (2) by redesignating paragraph (5) as para20 graph (4).

21 SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS

22 OF FUELS AND FUEL ADDITIVES.

23 Section 211(b)(2) of the Clean Air Act (42 U.S.C.

24 7545(b)(2)) is amended—
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1 (1) by striking ‘‘may also’’ and inserting ‘‘shall,

2 on a regular basis,’’; and

3 (2) by striking subparagraph (A) and inserting

4 the following:

5 ‘‘(A) to conduct tests to determine poten6 tial public health and environmental effects of

7 the fuel or additive (including carcinogenic,

8 teratogenic, or mutagenic effects); and’’.

9 SEC. 6. COMPREHENSIVE FUEL STUDY.

10 Section 211 of the Clean Air Act (42 U.S.C. 7545)

11 is amended—

12 (1) by redesignating subsection (o) as sub13 section (p); and

14 (2) by inserting after subsection (n) the fol15 lowing:

16 ‘‘(o) COMPREHENSIVE FUEL STUDY.—

17 ‘‘(1) IN GENERAL.—Not later than 5 years

18 after the date of enactment of this paragraph and

19 every 5 years thereafter, the Administrator shall

20 submit to Congress a report—

21 ‘‘(A) describing reductions in emissions of

22 criteria air pollutants listed under section 108,

23 or precursors of those pollutants, that result

24 from implementation of this section;
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1 ‘‘(B) describing reductions in emissions of

2 toxic air pollutants that result from implemen3 tation of this section;

4 ‘‘(C) in consultation with the Secretary of

5 Energy, describing reductions in greenhouse gas

6 emissions that result from implementation of

7 this section; and

8 ‘‘(D)(i) describing regulatory options to

9 achieve reductions in the risk to public health

10 and the environment posed by fuels and fuel

11 additives—

12 ‘‘(I) taking into account the produc13 tion, handling, and consumption of the

14 fuels and fuel additives; and

15 ‘‘(II) focusing on options that reduce

16 the use of compounds or associated emis17 sion products that pose the greatest risk;

18 and

19 ‘‘(ii) making recommendations concerning

20 any statutory changes necessary to implement

21 the regulatory options described under clause

22 (i).

23 ‘‘(2) LIFE CYCLE EMISSIONS ANALYSIS.—In de24 termining criteria air pollutant and greenhouse gas

25 emission reductions under paragraph (1), the Ad-
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1 ministrator shall take into account the emissions re2 sulting from the various fuels and fuel additives

3 used in the implementation of this section over the

4 entire life cycle of the fuels and fuel additives.’’.

5 SEC. 7. ADDITIONAL OPT-IN AREAS UNDER REFORMU6 LATED GASOLINE PROGRAM.

7 Section 211(k)(6) of the Clean Air Act (42 U.S.C.

8 7545(k)(6)) is amended—

9 (1) by striking ‘‘(6) OPT-IN AREAS.—(A)

10 Upon’’ and inserting the following:

11 ‘‘(6) OPT-IN AREAS.—

12 ‘‘(A) CLASSIFIED AREAS.—

13 ‘‘(i) IN GENERAL.—Upon’’;

14 (2) in subparagraph (B), by striking ‘‘(B) If’’

15 and inserting the following:

16 ‘‘(ii) EFFECT OF INSUFFICIENT DO17 MESTIC CAPACITY TO PRODUCE REFORMU18 LATED GASOLINE.—If’’;

19 (3) in subparagraph (A)(ii) (as so redesig20 nated)—

21 (A) in the first sentence, by striking ‘‘sub22 paragraph (A)’’ and inserting ‘‘clause (i)’’; and

23 (B) in the second sentence, by striking

24 ‘‘this paragraph’’ and inserting ‘‘this subpara25 graph’’; and
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1 (4) by adding at the end the following:

2 ‘‘(B) NONCLASSIFIED AREAS.—

3 ‘‘(i) IN GENERAL.—In accordance

4 with section 110, a State may submit to

5 the Administrator, and the Administrator

6 may approve, a State implementation plan

7 revision that provides for application of the

8 prohibition specified in paragraph (5) in

9 any portion of the State that is not a cov10 ered area or an area referred to in sub11 paragraph (A)(i).

12 ‘‘(ii) PERIOD OF EFFECTIVENESS.—

13 Under clause (i), the State implementation

14 plan shall establish a period of effective15 ness for applying the prohibition specified

16 in paragraph (5) to a portion of a State

17 that—

18 ‘‘(I) commences not later than 1

19 year after the date of approval by the

20 Administrator of the State implemen21 tation plan; and

22 ‘‘(II) ends not earlier than 4

23 years after the date of commencement

24 under subclause (I).’’.
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1 SEC. 8. LEAKING UNDERGROUND STORAGE TANKS.

2 (a) USE OF LUST FUNDS FOR REMEDIATION OF

3 MTBE CONTAMINATION.—Section 9003(h) of the Solid

4 Waste Disposal Act (42 U.S.C. 6991b(h)) is amended—

5 (1) in paragraph (7)(A), by striking ‘‘para6 graphs (1) and (2) of this subsection,’’ and inserting

7 ‘‘paragraphs (1), (2), and (12),’’; and

8 (2) by adding at the end the following:

9 ‘‘(12) REMEDIATION OF MTBE CONTAMINA10 TION.—

11 ‘‘(A) IN GENERAL.—The Administrator

12 and the States may use funds made available

13 under subparagraph (B) to carry out corrective

14 actions with respect to a release of methyl ter15 tiary butyl ether that presents a risk to human

16 health, welfare, or the environment.

17 ‘‘(B) APPLICABLE AUTHORITY.—Subpara18 graph (A) shall be carried out—

19 ‘‘(i) in accordance with paragraph (2);

20 and

21 ‘‘(ii) in the case of a State, in a man22 ner consistent with a cooperative agree23 ment entered into by the Administrator

24 and the State under paragraph (7).

25 ‘‘(C) AUTHORIZATION OF APPROPRIA26 TIONS.—There is authorized to be appropriated
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1 from the Leaking Underground Storage Tank

2 Trust Fund to carry out subparagraph (A)

3 $200,000,000 for fiscal year 2001, to remain

4 available until expended.’’.

5 (b) RELEASE PREVENTION.—Subtitle I of the Solid

6 Waste Disposal Act (42 U.S.C. 6991 et seq.) is

7 amended—

8 (1) by redesignating section 9010 as section

9 9011; and

10 (2) by inserting after section 9009 the fol11 lowing:

12 ‘‘SEC. 9010. RELEASE PREVENTION.

13 ‘‘(a) IMPLEMENTATION OF PREVENTATIVE MEAS14 URES.—The Administrator (or a State pursuant to section

15 9003(h)(7)) may use funds appropriated from the Leaking

16 Underground Storage Tank Trust Fund for—

17 ‘‘(1) necessary expenses directly related to the

18 implementation of section 9003(h);

19 ‘‘(2) enforcement of—

20 ‘‘(A) this subtitle;

21 ‘‘(B) a State program approved under sec22 tion 9004; or

23 ‘‘(C) State requirements regulating under24 ground storage tanks that are similar or iden25 tical to this subtitle; and
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1 ‘‘(3) inspection of underground storage tanks.

2 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

3 are authorized to be appropriated from the Leaking Un4 derground Storage Tank Trust Fund to carry out sub5 section (a)—

6 ‘‘(1) $50,000,000 for fiscal year 2001; and

7 ‘‘(2) $30,000,000 for each of fiscal years 2002

8 through 2005.’’.

9 (c) TECHNICAL AMENDMENTS.—

10 (1) Section 1001 of the Solid Waste Disposal

11 Act (42 U.S.C. prec. 6901) is amended by striking

12 the item relating to section 9010 and inserting the

13 following:

‘‘Sec. 9010. Release prevention.

‘‘Sec. 9011. Authorization of appropriations.’’.

14 (2) Section 9001(3)(A) of the Solid Waste Dis15 posal Act (42 U.S.C. 6991(3)(A)) is amended by

16 striking ‘‘sustances’’ and inserting ‘‘substances’’.

17 (3) Section 9003(f)(1) of the Solid Waste Dis18 posal Act (42 U.S.C. 6991b(f)(1)) is amended by

19 striking ‘‘subsection (c) and (d) of this section’’ and

20 inserting ‘‘subsections (c) and (d)’’.

21 (4) Section 9004(a) of the Solid Waste Disposal

22 Act (42 U.S.C. 6991c(a)) is amended in the first

23 sentence by striking ‘‘referred to’’ and all that fol-
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1 lows and inserting ‘‘referred to in subparagraph (A)

2 or (B), or both, of section 9001(2).’’.

3 (5) Section 9005 of the Solid Waste Disposal

4 Act (42 U.S.C. 6991d) is amended—

5 (A) in subsection (a), by striking ‘‘study

6 taking’’ and inserting ‘‘study, taking’’;

7 (B) in subsection (b)(1), by striking

8 ‘‘relevent’’ and inserting ‘‘relevant’’; and

9 (C) in subsection (b)(4), by striking

10 ‘‘Evironmental’’ and inserting ‘‘Environ11 mental’’.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Federal Reformulated

14 Fuels Act of 2000’’.

15 SEC. 2. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR

16 REFORMULATED GASOLINE.

17 Section 211(k)(1) of the Clean Air Act (42 U.S.C.

18 7545(k)(1)) is amended—

19 (1) by striking ‘‘Within 1 year after the enact20 ment of the Clean Air Act Amendments of 1990,’’ and

21 inserting the following:

22 ‘‘(A) IN GENERAL.—Not later than Novem23 ber 15, 1991,’’; and

24 (2) by adding at the end the following:
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1 ‘‘(B) WAIVER OF OXYGEN CONTENT RE2 QUIREMENT.—

3 ‘‘(i) AUTHORITY OF THE GOVERNOR.—

4 ‘‘(I) IN GENERAL.—Notwith5 standing any other provision of this

6 subsection, a Governor of a State, upon

7 notification by the Governor to the Ad8 ministrator during the 90-day period

9 beginning on the date of enactment of

10 this subparagraph, or during the 90-

11 day period beginning on the date on

12 which an area in the State becomes a

13 covered area by operation of the second

14 sentence of paragraph (11)(D), may

15 waive the application of paragraphs

16 (2)(B) and (3)(A)(v) to gasoline sold or

17 dispensed in the State.

18 ‘‘(II) OPT-IN AREAS.—A Governor

19 of a State that submits an application

20 under paragraph (6) may, as part of

21 that application, waive the application

22 of paragraphs (2)(B) and (3)(A)(v) to

23 gasoline sold or dispensed in the State.

24 ‘‘(ii) TREATMENT AS REFORMULATED

25 GASOLINE.—In the case of a State for which
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1 the Governor invokes the waiver described

2 in clause (i), gasoline that complies with all

3 provisions of this subsection other than

4 paragraphs (2)(B) and (3)(A)(v) shall be

5 considered to be reformulated gasoline for

6 the purposes of this subsection.

7 ‘‘(iii) EFFECTIVE DATE OF WAIVER.—

8 A waiver under clause (i) shall take effect

9 on the earlier of—

10 ‘‘(I) the date on which the per11 formance standard under subpara12 graph (C) takes effect; or

13 ‘‘(II) the date that is 270 days

14 after the date of enactment of this sub15 paragraph.

16 ‘‘(C) MAINTENANCE OF TOXIC AIR POLLUT17 ANT EMISSION AND AROMATIC HYDROCARBON

18 CONTENT REDUCTIONS.—

19 ‘‘(i) IN GENERAL.—As soon as prac20 ticable after the date of enactment of this

21 subparagraph, the Administrator shall—

22 ‘‘(I) promulgate regulations con23 sistent with subparagraph (A) and

24 paragraph (3)(B)(ii) to ensure that re25 ductions of toxic air pollutant emis-
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1 sions and aromatic hydrocarbon con2 tent achieved under the reformulated

3 gasoline program under this section be4 fore the date of enactment of this sub5 paragraph are maintained in States

6 for which the Governor waives the oxy7 genate requirement under subpara8 graph (B)(i); or

9 ‘‘(II) determine that the require10 ment described in clause (iv)—

11 ‘‘(aa) is consistent with the

12 bases for a performance standard

13 described in clause (ii); and

14 ‘‘(bb) shall be deemed to be

15 the performance standard under

16 clause (ii) and shall be applied in

17 accordance with clause (iii).

18 ‘‘(ii) PERFORMANCE STANDARD.—The

19 Administrator, in regulations promulgated

20 under clause (i)(I), shall establish an an21 nual average performance standard based

22 on—

23 ‘‘(I) compliance survey data;

24 ‘‘(II) the annual aggregate reduc25 tions in emissions of toxic air pollut-
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1 ants achieved under the reformulated

2 gasoline program during calendar

3 years 1998 and 1999, determined on

4 the basis of the volume of reformulated

5 gasoline containing methyl tertiary

6 butyl ether that is sold throughout the

7 United States;

8 ‘‘(III) the annual average aro9 matic hydrocarbon content of gasoline

10 sold under the reformulated gasoline

11 program during the 2 of the calendar

12 years 1998, 1999, and 2000 for which

13 that content is the lowest, determined

14 on the basis of the volume of reformu15 lated gasoline containing methyl ter16 tiary butyl ether that is sold through17 out the United States;

18 ‘‘(IV) the annual average aro19 matic hydrocarbon content of the 10

20 percent of the gasoline sold under the

21 reformulated gasoline program during

22 the 2 calendar years described in sub23 clause (III) for which that content is

24 the greatest, determined on the basis of

25 the volume of reformulated gasoline
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1 containing methyl tertiary butyl ether

2 that is sold throughout the United

3 States; and

4 ‘‘(V) such other information as the

5 Administrator determines to be appro6 priate.

7 ‘‘(iii) APPLICABILITY.—

8 ‘‘(I) IN GENERAL.—The perform9 ance standards under this subpara10 graph shall be applied on an annual

11 average importer or refinery-by-refin12 ery basis to all reformulated gasoline

13 that is sold or introduced into com14 merce in a State for which the Gov15 ernor waives the oxygenate requirement

16 under subparagraph (B)(i).

17 ‘‘(II) MORE STRINGENT REQUIRE18 MENTS.—The performance standards

19 under this subparagraph shall not

20 apply to the extent that any require21 ment under section 202(l) is more

22 stringent than the performance stand23 ard.

24 ‘‘(III) STATE STANDARDS.—The

25 performance standards under this sub-
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1 paragraph shall not apply in any

2 State that has received a waiver under

3 section 209(b).

4 ‘‘(IV) CREDIT PROGRAM.—The

5 Administrator shall provide for the

6 granting of credits for exceeding the

7 performance standards under this sub8 paragraph in the same manner as pro9 vided in paragraph (7).

10 ‘‘(iv) STATUTORY PERFORMANCE

11 STANDARD.—

12 ‘‘(I) IN GENERAL.—Subject to

13 subclause (IV), if the regulations under

14 clause (i)(I) have not been promulgated

15 by the date that is 270 days after the

16 date of enactment of this subpara17 graph, the requirement described in

18 subclause (II) shall be deemed to be the

19 performance standard under clause (ii)

20 and shall be applied in accordance

21 with clause (iii).

22 ‘‘(II) TOXIC AIR POLLUTANT

23 EMISSIONS.—The aggregate emissions

24 of toxic air pollutants from baseline ve25 hicles when using reformulated gaso-
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1 line shall be 27.5 percent below the ag2 gregate emissions of toxic air pollut3 ants from baseline vehicles when using

4 baseline gasoline.

5 ‘‘(III) AROMATIC HYDROCARBON

6 CONTENT.—

7 ‘‘(aa) ANNUAL AVERAGE.—

8 The annual average aromatic hy9 drocarbon content of reformulated

10 gasoline shall not exceed 26 per11 cent by volume.

12 ‘‘(bb) MAXIMUM PER GAL13 LON.—No gallon of reformulated

14 gasoline shall have an aromatic

15 hydrocarbon content in excess of

16 45 percent.

17 ‘‘(cc) ALTERNATIVE RE18 QUIREMENT.—The requirements

19 under items (aa) and (bb) shall be

20 deemed to be met if no gallon of

21 reformulated gasoline has an aro22 matic hydrocarbon content in ex23 cess of 30 percent.

24 ‘‘(IV) SUBSEQUENT REGULA25 TIONS.—The Administrator may mod-
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1 ify the performance standard estab2 lished under subclause (I) through pro3 mulgation of regulations under clause

4 (i)(I).’’.

5 SEC. 3. AUTHORITY FOR WATER QUALITY PROTECTION

6 FROM FUELS.

7 (a) IN GENERAL.—Section 211(c) of the Clean Air Act

8 (42 U.S.C. 7545(c)) is amended—

9 (1) in paragraph (1)(A)—

10 (A) by inserting ‘‘fuel or fuel additive or’’

11 after ‘‘Administrator any’’; and

12 (B) by striking ‘‘air pollution which’’ and

13 inserting ‘‘air pollution, or water pollution,

14 that’’;

15 (2) in paragraph (4)(B), by inserting ‘‘or water

16 quality protection,’’ after ‘‘emission control,’’; and

17 (3) by adding at the end the following:

18 ‘‘(5) BAN ON THE USE OF MTBE.—

19 ‘‘(A) IN GENERAL.—Not later than 4 years

20 after the date of enactment of this paragraph, the

21 Administrator shall ban use of methyl tertiary

22 butyl ether in gasoline.

23 ‘‘(B) REGULATIONS CONCERNING PHASE24 OUT.—The Administrator may establish by regu25 lation a schedule to phase out the use of methyl
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1 tertiary butyl ether in gasoline during the period

2 preceding the effective date of the ban under sub3 paragraph (A).’’.

4 (b) NO EFFECT ON LAW REGARDING STATE AUTHOR5 ITY.—The amendments made by subsection (a) have no ef6 fect on the law in effect on the day before the date of enact7 ment of this Act regarding the authority of States to limit

8 the use of methyl tertiary butyl ether in gasoline.

9 SEC. 4. EXCLUSION FROM REID VAPOR PRESSURE RE10 QUIREMENT.

11 Section 211(k) of the Clean Air Act (42 U.S.C.

12 7545(k)) is amended—

13 (1) by redesignating paragraph (10) as para14 graph (11); and

15 (2) by inserting after paragraph (9) the fol16 lowing:

17 ‘‘(10) EXCLUSION FROM REID VAPOR PRESSURE

18 REQUIREMENT.—Notwithstanding subsection

19 (c)(4)(C), the Administrator may approve a revision

20 of a State implementation plan that excludes an area

21 from a waiver provided under subsection (h)(4) if—

22 ‘‘(A) the State demonstrates that the in23 creases in volatile organic compound emissions

24 resulting from the waiver significantly interfere
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1 with attainment or maintenance of the national

2 ambient air quality standard for ozone; and

3 ‘‘(B) the Administrator determines that the

4 exclusion is reasonable and practicable.’’.

5 SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF

6 FUELS AND FUEL ADDITIVES.

7 Section 211(b)(2) of the Clean Air Act (42 U.S.C.

8 7545(b)(2)) is amended—

9 (1) by striking ‘‘may also’’ and inserting ‘‘shall,

10 on a regular basis,’’; and

11 (2) by striking subparagraph (A) and inserting

12 the following:

13 ‘‘(A) to conduct tests to determine potential

14 public health and environmental effects of the

15 fuel or additive (including carcinogenic,

16 teratogenic, or mutagenic effects); and’’.

17 SEC. 6. CLEAN ALTERNATIVE FUEL PROGRAM.

18 (a) IN GENERAL.—Section 211 of the Clean Air Act

19 (42 U.S.C. 7545) is amended—

20 (1) by redesignating subsection (o) as subsection

21 (q); and

22 (2) by inserting after subsection (n) the fol23 lowing:

24 ‘‘(o) CLEAN ALTERNATIVE FUEL PROGRAM.—

25 ‘‘(1) DEFINITIONS.—In this subsection:
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1 ‘‘(A) BIN 1 VEHICLE.—The term ‘bin 1 ve2 hicle’ means—

3 ‘‘(i) a light-duty motor vehicle that

4 does not exceed the standards for bin no. 1

5 specified in table S04–1 of section 86.1811–

6 04 of title 40, Code of Federal Regulations

7 (published at 65 Fed. Reg. 6855 on Feb8 ruary 10, 2000); and

9 ‘‘(ii) a heavy-duty motor vehicle that

10 does not exceed standards equivalent to the

11 standards described in clause (i), as deter12 mined by the Administrator by regulation.

13 ‘‘(B) BIN 2 VEHICLE.—The term ‘bin 2 ve14 hicle’ means—

15 ‘‘(i) a light-duty motor vehicle that

16 does not exceed the standards for bin no. 2

17 specified in table S04–1 of section 86.1811–

18 04 of title 40, Code of Federal Regulations

19 (published at 65 Fed. Reg. 6855 on Feb20 ruary 10, 2000); and

21 ‘‘(ii) a heavy-duty motor vehicle that

22 emits not more than 50 percent of the allow23 able emissions of air pollutants under the

24 most stringent standards applicable to
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1 heavy-duty motor vehicles, as determined by

2 the Administrator by regulation.

3 ‘‘(C) BIOMASS ETHANOL.—The term ‘bio4 mass ethanol’ means ethanol derived from any

5 lignocellulosic or hemicellulosic matter that is

6 available on a renewable or recurring basis,

7 including—

8 ‘‘(i) dedicated energy crops and trees;

9 ‘‘(ii) wood and wood residues;

10 ‘‘(iii) plants;

11 ‘‘(iv) grasses;

12 ‘‘(v) agricultural commodities and res13 idues;

14 ‘‘(vi) fibers;

15 ‘‘(vii) animal wastes and other waste

16 materials; and

17 ‘‘(viii) municipal solid waste.

18 ‘‘(D) CLEAN ALTERNATIVE FUEL.—The

19 term ‘clean alternative fuel’ means—

20 ‘‘(i) renewable fuel;

21 ‘‘(ii) credit for motor vehicle fuel used

22 to operate a bin 1 vehicle, as generated

23 under paragraph (5)(A)(ii); and
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1 ‘‘(iii) credit for motor vehicle fuel used

2 to operate a bin 2 vehicle, as generated

3 under paragraph (5)(A)(ii).

4 ‘‘(E) RENEWABLE FUEL.—

5 ‘‘(i) IN GENERAL.—The term ‘renew6 able fuel’ means motor vehicle fuel that—

7 ‘‘(I)(aa) is produced from grain,

8 starch, oilseeds, or other biomass; or

9 ‘‘(bb) is natural gas produced

10 from a biogas source, including a land11 fill, sewage waste treatment plant,

12 feedlot, or other place where decaying

13 organic material is found; and

14 ‘‘(II) is used to replace or reduce

15 the quantity of fossil fuel present in a

16 fuel mixture used to operate a motor

17 vehicle.

18 ‘‘(ii) INCLUSION.—The term ‘renewable

19 fuel’ includes biomass ethanol.

20 ‘‘(2) CLEAN ALTERNATIVE FUEL PROGRAM.—

21 ‘‘(A) CLEAN ALTERNATIVE FUEL REQUIRE22 MENTS.—The motor vehicle fuel sold or intro23 duced into commerce in the United States in cal24 endar year 2008 or any calendar year thereafter

25 by a refiner, blender, or importer shall, on a 6-
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1 month average basis, be comprised of a quantity

2 of clean alternative fuel, measured in gasoline3 equivalent gallons (as determined by the Sec4 retary of Energy), that is not less than the ap5 plicable percentage by volume for the 6-month

6 period.

7 ‘‘(B) APPLICABLE PERCENTAGE.—For the

8 purposes of subparagraph (A), the applicable

9 percentage for a 6-month period of a calendar

10 year shall be determined in accordance with the

11 following table:

Applicable percentage

‘‘Calendar year: of clean alternative fuel:

2008 ................................................................................................ 1.2

2009 ................................................................................................ 1.3

2010 ................................................................................................ 1.4

2011 and thereafter ........................................................................ 1.5.

12 ‘‘(3) TRANSITION PROGRAM.—

13 ‘‘(A) RENEWABLE FUEL REQUIREMENTS.—

14 ‘‘(i) IN GENERAL.—Subject to subpara15 graph (B), all motor vehicle fuel sold or in16 troduced into commerce in the United

17 States in any of calendar years 2002

18 through 2007 by a refiner, blender, or im19 porter shall contain, on a 6-month average

20 basis, a quantity of renewable fuel, meas21 ured in gasoline-equivalent gallons (as de22 termined by the Secretary of Energy), that
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1 is not less than the applicable percentage by

2 volume for the 6-month period.

3 ‘‘(ii) APPLICABLE PERCENTAGE.—For

4 the purposes of clause (i), the applicable

5 percentage for a 6-month period of a cal6 endar year shall be determined in accord7 ance with the following table:

Applicable percentage

‘‘Calendar year: of renewable fuel:

2002 ................................................................................................ 0.6

2003 ................................................................................................ 0.7

2004 ................................................................................................ 0.8

2005 ................................................................................................ 0.9

2006 ................................................................................................ 1.0

2007 ................................................................................................ 1.1.

8 ‘‘(B) CREDIT FOR MOTOR VEHICLE FUEL

9 USED TO OPERATE BIN 1 VEHICLES OR BIN 2 VE10 HICLES.—Credit for motor vehicle fuel used to

11 operate bin 1 vehicles or bin 2 vehicles, as gen12 erated under paragraph (5)(A)(ii), may be used

13 to meet not more than 10 percent of the renew14 able fuel requirement under subparagraph (A).

15 ‘‘(4) BIOMASS ETHANOL.—For the purposes of

16 paragraphs (2) and (3), 1 gallon of biomass ethanol

17 shall be considered to be the equivalent of 1.5 gallons

18 of renewable fuel.

19 ‘‘(5) CREDIT PROGRAM.—

20 ‘‘(A) IN GENERAL.—The regulations pro21 mulgated to carry out this subsection shall pro-
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1 vide for the generation of an appropriate

2 amount of credits by—

3 ‘‘(i) a person that refines, blends, or

4 imports motor vehicle fuel that contains, on

5 a 6-month average basis, a quantity of

6 clean alternative fuel or renewable fuel that

7 is greater than the quantity required for

8 that 6-month period under paragraph (2)

9 or (3), respectively; and

10 ‘‘(ii) a person that manufactures bin 1

11 vehicles or bin 2 vehicles.

12 ‘‘(B) CALCULATION OF CREDITS.—In deter13 mining the appropriate amount of credits gen14 erated by a vehicle manufacturer under subpara15 graph (A)(ii), the Administrator, in consultation

16 with the Secretary of Energy, shall give priority

17 to the extent to which bin 1 vehicles or bin 2 ve18 hicles, as compared to vehicles that are not bin

19 1 vehicles or bin 2 vehicles but are similar in

20 size, weight, and other appropriate factors—

21 ‘‘(i) use innovative or advanced tech22 nology;

23 ‘‘(ii) result in less petroleum consump24 tion; and
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1 ‘‘(iii) are efficient in their use of petro2 leum or other form of energy.

3 ‘‘(C) USE OF CREDITS.—

4 ‘‘(i) IN GENERAL.—A person that gen5 erates credits under subparagraph (A) may

6 use the credits, or transfer all or a portion

7 of the credits to another person, for the pur8 pose of complying with paragraph (2) or

9 (3).

10 ‘‘(ii) USE OF VEHICLE MANUFACTURER

11 CREDITS TO PROVIDE NON-FEDERAL CON12 TRIBUTIONS UNDER OTHER LAW.—Credits

13 generated under subparagraph (A)(ii) and

14 transferred to a person, nonprofit entity, or

15 local government may be used to provide

16 any portion of—

17 ‘‘(I) the non-Federal share re18 quired for an alternative fuel project

19 under section 149(e)(4) of title 23,

20 United States Code; or

21 ‘‘(II) a voluntary supply commit22 ment under section 505 of the Energy

23 Policy Act of 1992 (42 U.S.C. 13255).

24 ‘‘(D) EXPIRATION OF CREDITS.—A credit

25 generated under this paragraph shall expire 1
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1 year after the date on which the credit was gen2 erated.

3 ‘‘(6) WAIVERS.—

4 ‘‘(A) IN GENERAL.—The Administrator, in

5 consultation with the Secretary of Agriculture

6 and the Secretary of Energy, may waive the re7 quirements of paragraph (2) or (3) in whole or

8 in part on petition by a State or States by re9 ducing the national quantity of clean alternative

10 fuel required under this subsection—

11 ‘‘(i) based on a determination by the

12 Administrator, after public notice and op13 portunity for comment, that implementa14 tion of the requirements would severely

15 harm the economy or environment of a

16 State, a region, or the United States; or

17 ‘‘(ii) based on a determination by the

18 Administrator, after public notice and op19 portunity for comment, that there is an in20 adequate domestic supply or distribution

21 capacity to meet the requirements.

22 ‘‘(B) PETITIONS FOR WAIVERS.—The Ad23 ministrator, in consultation with the Secretary

24 of Agriculture and the Secretary of Energy—
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1 ‘‘(i) shall approve or deny a State pe2 tition for a waiver of the requirements of

3 paragraph (2) or (3) within 180 days after

4 the date on which the petition is received;

5 but

6 ‘‘(ii) may extend that period for up to

7 60 additional days to provide for public no8 tice and opportunity for comment and for

9 consideration of the comments submitted.

10 ‘‘(C) TERMINATION OF WAIVERS.—A waiver

11 granted under subparagraph (A) shall terminate

12 after 1 year, but may be renewed by the Admin13 istrator after consultation with the Secretary of

14 Agriculture and the Secretary of Energy.

15 ‘‘(D) OXYGEN CONTENT WAIVERS.—The

16 grant or denial of a waiver under subsection

17 (k)(2)(B) shall not affect the requirements of this

18 subsection.

19 ‘‘(7) SMALL REFINERS.—The Administrator may

20 provide an exemption from the requirements of para21 graph (2) or (3), in whole or in part, for small refin22 ers (as defined by the Administrator).

23 ‘‘(8) REGULATIONS.—Not later than 270 days

24 after the date of enactment of this paragraph, the Ad-
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1 ministrator shall promulgate regulations to carry out

2 this subsection.’’.

3 (b) PENALTIES AND ENFORCEMENT.—Section 211(d)

4 of the Clean Air Act (42 U.S.C. 7545(d)) is amended—

5 (1) in paragraph (1)—

6 (A) in the first sentence, by striking ‘‘or

7 (n)’’ each place it appears and inserting ‘‘(n), or

8 (o)’’; and

9 (B) in the second sentence, by striking ‘‘or

10 (m)’’ and inserting ‘‘(m), or (o)’’; and

11 (2) in the first sentence of paragraph (2), by

12 striking ‘‘and (n)’’ each place it appears and insert13 ing ‘‘(n), and (o)’’.

14 SEC. 7. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED

15 GASOLINE PROGRAM.

16 Section 211(k)(6) of the Clean Air Act (42 U.S.C.

17 7545(k)(6)) is amended—

18 (1) by striking ‘‘(6) OPT-IN AREAS.—(A) Upon’’

19 and inserting the following:

20 ‘‘(6) OPT-IN AREAS.—

21 ‘‘(A) CLASSIFIED AREAS.—

22 ‘‘(i) IN GENERAL.—Upon’’;

23 (2) in subparagraph (B), by striking ‘‘(B) If’’

24 and inserting the following:
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1 ‘‘(ii) EFFECT OF INSUFFICIENT DO2 MESTIC CAPACITY TO PRODUCE REFORMU3 LATED GASOLINE.—If’’;

4 (3) in subparagraph (A)(ii) (as so redesig5 nated)—

6 (A) in the first sentence, by striking ‘‘sub7 paragraph (A)’’ and inserting ‘‘clause (i)’’; and

8 (B) in the second sentence, by striking ‘‘this

9 paragraph’’ and inserting ‘‘this subparagraph’’;

10 and

11 (4) by adding at the end the following:

12 ‘‘(B) NONCLASSIFIED AREAS.—

13 ‘‘(i) IN GENERAL.—In accordance with

14 section 110, a State may submit to the Ad15 ministrator, and the Administrator may

16 approve, a State implementation plan revi17 sion that provides for application of the

18 prohibition specified in paragraph (5) in

19 any portion of the State that is not a cov20 ered area or an area referred to in subpara21 graph (A)(i).

22 ‘‘(ii) PERIOD OF EFFECTIVENESS.—

23 Under clause (i), the State implementation

24 plan shall establish a period of effectiveness

25 for applying the prohibition specified in
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1 paragraph (5) to a portion of a State

2 that—

3 ‘‘(I) commences not later than 1

4 year after the date of approval by the

5 Administrator of the State implemen6 tation plan; and

7 ‘‘(II) ends not earlier than 4

8 years after the date of commencement

9 under subclause (I).’’.

10 SEC. 8. LEAKING UNDERGROUND STORAGE TANKS.

11 (a) USE OF LUST FUNDS FOR REMEDIATION OF

12 MTBE CONTAMINATION.—Section 9003(h) of the Solid

13 Waste Disposal Act (42 U.S.C. 6991b(h)) is amended—

14 (1) in paragraph (7)(A)—

15 (A) by striking ‘‘paragraphs (1) and (2) of

16 this subsection’’ and inserting ‘‘paragraphs (1),

17 (2), and (12)’’; and

18 (B) by inserting ‘‘and section 9010(a)’’ be19 fore ‘‘if’’; and

20 (2) by adding at the end the following:

21 ‘‘(12) REMEDIATION OF MTBE CONTAMINA22 TION.—

23 ‘‘(A) IN GENERAL.—The Administrator and

24 the States may use funds made available under

25 section 9011(1) to carry out corrective actions
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1 with respect to a release of methyl tertiary butyl

2 ether that presents a threat to human health,

3 welfare, or the environment.

4 ‘‘(B) APPLICABLE AUTHORITY.—Subpara5 graph (A) shall be carried out—

6 ‘‘(i) in accordance with paragraph (2);

7 and

8 ‘‘(ii) in the case of a State, in accord9 ance with a cooperative agreement entered

10 into by the Administrator and the State

11 under paragraph (7).’’.

12 (b) RELEASE PREVENTION AND COMPLIANCE.—Sub13 title I of the Solid Waste Disposal Act (42 U.S.C. 6991 et

14 seq.) is amended by striking section 9010 and inserting the

15 following:

16 ‘‘SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.

17 ‘‘Funds made available under section 9011(2) from the

18 Leaking Underground Storage Tank Trust Fund may be

19 used for conducting inspections, or for issuing orders or

20 bringing actions under this subtitle—

21 ‘‘(1) by a State (pursuant to section 9003(h)(7))

22 acting under—

23 ‘‘(A) a program approved under section

24 9004; or
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1 ‘‘(B) State requirements regulating under2 ground storage tanks that are similar or iden3 tical to this subtitle; and

4 ‘‘(2) by the Administrator, acting under this

5 subtitle or a State program approved under section

6 9004.

7 ‘‘SEC. 9011. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘In addition to amounts made available under section

9 2007(f), there are authorized to be appropriated from the

10 Leaking Underground Storage Tank Trust Fund—

11 ‘‘(1) to carry out section 9003(h)(12),

12 $200,000,000 for fiscal year 2001, to remain available

13 until expended; and

14 ‘‘(2) to carry out section 9010—

15 ‘‘(A) $50,000,000 for fiscal year 2001; and

16 ‘‘(B) $30,000,000 for each of fiscal years

17 2002 through 2006.’’.

18 (c) TECHNICAL AMENDMENTS.—

19 (1) Section 1001 of the Solid Waste Disposal Act

20 (42 U.S.C. prec. 6901) is amended by striking the

21 item relating to section 9010 and inserting the fol22 lowing:

‘‘Sec. 9010. Release prevention and compliance.

‘‘Sec. 9011. Authorization of appropriations.’’.
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1 (2) Section 9001(3)(A) of the Solid Waste Dis2 posal Act (42 U.S.C. 6991(3)(A)) is amended by

3 striking ‘‘sustances’’ and inserting ‘‘substances’’.

4 (3) Section 9003(f)(1) of the Solid Waste Dis5 posal Act (42 U.S.C. 6991b(f)(1)) is amended by

6 striking ‘‘subsection (c) and (d) of this section’’ and

7 inserting ‘‘subsections (c) and (d)’’.

8 (4) Section 9004(a) of the Solid Waste Disposal

9 Act (42 U.S.C. 6991c(a)) is amended in the second

10 sentence by striking ‘‘referred to’’ and all that follows

11 and inserting ‘‘referred to in subparagraph (A) or

12 (B), or both, of section 9001(2).’’.

13 (5) Section 9005 of the Solid Waste Disposal Act

14 (42 U.S.C. 6991d) is amended—

15 (A) in subsection (a), by striking ‘‘study

16 taking’’ and inserting ‘‘study, taking’’;

17 (B) in subsection (b)(1), by striking

18 ‘‘relevent’’ and inserting ‘‘relevant’’; and

19 (C) in subsection (b)(4), by striking

20 ‘‘Evironmental’’ and inserting ‘‘Environmental’’.

21 SEC. 9. ANALYSES OF MOTOR VEHICLE FUEL CHANGES AND

22 ADDITIONAL PERFORMANCE REQUIREMENTS.

23 Section 211 of the Clean Air Act (42 U.S.C. 7545) is

24 amended by inserting before subsection (q) (as redesignated

25 by section 6(a)(1)) the following:
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1 ‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL CHANGES

2 AND ADDITIONAL PERFORMANCE REQUIREMENTS.—

3 ‘‘(1) ANTI-BACKSLIDING ANALYSIS AND REGULA4 TIONS.—

5 ‘‘(A) ANALYSIS.—

6 ‘‘(i) DRAFT ANALYSIS.—Not later than

7 4 years after the date of enactment of this

8 subsection, the Administrator shall publish

9 for public comment a draft analysis of the

10 changes in emissions of air pollutants and

11 air quality due to the use of motor vehicle

12 fuel and fuel additives resulting from imple13 mentation of the amendments made by the

14 Federal Reformulated Fuels Act of 2000.

15 ‘‘(ii) FINAL ANALYSIS.—After pro16 viding a reasonable opportunity for com17 ment but not later than 5 years after the

18 date of enactment of this subsection, the Ad19 ministrator shall publish the analysis in

20 final form.

21 ‘‘(B) ADDITIONAL PERFORMANCE REQUIRE22 MENTS.—

23 ‘‘(i) PROPOSED REGULATIONS.—Not

24 later than 6 years after the date of enact25 ment of this subsection, the Administrator
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1 shall publish proposed regulations estab2 lishing performance requirements that are

3 adequate, at a minimum, to ensure that, as

4 compared with emissions due to the use of

5 motor vehicle fuel and fuel additives during

6 the period of 1998 through 2000, emissions

7 due to the use of motor vehicle fuel and fuel

8 additives will not—

9 ‘‘(I) be significantly greater on a

10 per-gallon average basis in any region;

11 or

12 ‘‘(II) cause air quality to be sig13 nificantly worse in any region.

14 ‘‘(ii) FINAL REGULATIONS.—After pro15 viding a reasonable opportunity for com16 ment but not later than 7 years after the

17 date of enactment of this subsection, the Ad18 ministrator shall promulgate the regulations

19 in final form.

20 ‘‘(iii) DEADLINE FOR COMPLIANCE.—

21 The regulations shall require compliance as

22 expeditiously as practicable, taking into ac23 count costs and lead time necessary to en24 sure the availability of a reliable and ade25 quate motor vehicle fuel supply.
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1 ‘‘(2) MOBILE SOURCE TITLE ANALYSIS AND REG2 ULATIONS.—

3 ‘‘(A) ANALYSIS.—

4 ‘‘(i) DRAFT ANALYSIS.—Not later than

5 7 years after the date of enactment of this

6 subsection, the Administrator shall publish

7 for public comment a draft analysis of the

8 effects of motor vehicle fuel and fuel addi9 tives on public health and the environment,

10 including the changes in fuel and fuel addi11 tives resulting from implementation of the

12 Federal Reformulated Fuels Act of 2000.

13 ‘‘(ii) FINAL ANALYSIS.—After pro14 viding a reasonable opportunity for com15 ment but not later than 8 years after the

16 date of enactment of this subsection, the Ad17 ministrator shall publish the analysis in

18 final form.

19 ‘‘(B) ADDITIONAL PERFORMANCE REQUIRE20 MENTS.—

21 ‘‘(i) PROPOSED REGULATIONS.—Not

22 later than 9 years after the date of enact23 ment of this subsection, the Administrator

24 shall publish proposed regulations estab25 lishing performance requirements for motor
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1 vehicle fuel and fuel additives, the use of

2 motor vehicle fuel and fuel additives, and

3 motor vehicles that are necessary—

4 ‘‘(I) to ensure adequate protection

5 of public health and the environment;

6 and

7 ‘‘(II) to achieve specific reductions

8 in the use of compounds or associated

9 emission products that pose the great10 est risk to human health.

11 ‘‘(ii) FINAL REGULATIONS.—After pro12 viding a reasonable opportunity for com13 ment but not later than 10 years after the

14 date of enactment of this subsection, the Ad15 ministrator shall promulgate the regulations

16 in final form.

17 ‘‘(iii) DEADLINE FOR COMPLIANCE.—

18 The regulations shall require compliance as

19 expeditiously as practicable, taking into ac20 count costs and lead time necessary to en21 sure the availability of a reliable and ade22 quate motor vehicle fuel supply.

23 ‘‘(3) LIFE CYCLE ANALYSIS.—In conducting the

24 analyses under paragraphs (1) and (2), the Adminis25 trator shall take into account the effects of motor vehi-
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1 cle fuel and fuel additives on public health and the

2 environment over the entire life cycle of the produc3 tion, distribution, and use of motor vehicle fuel and

4 fuel additives evaluated in the analyses.

5 ‘‘(4) EMISSIONS MODEL.—For the purposes of

6 this subsection, as soon as the necessary data are

7 available, the Administrator shall develop and final8 ize an emissions model that reasonably reflects the ef9 fects of fuel characteristics or components on emis10 sions from vehicles in the motor vehicle fleet during

11 calendar year 2005.’’.

Calendar No. 845

106TH CONGRESS

2D SESSION S. 2962

[Report No. 106–426]

A BILL

To amend the Clean Air Act to address problems

concerning methyl tertiary butyl ether, and forother purposes.

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment