I 

111TH CONGRESS 

1ST SESSION H. R. 392 

To amend the Clean Air Act to provide for a reduction in the number 

of boutique fuels, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Mr. BLUNT (for himself, Mr. KIRK, Mr. HENSARLING, Mr. MCHENRY, Mr. 

CONAWAY, Mr. FRANKS of Arizona, Mr. AKIN, Mr. UPTON, Mr. SENSENBRENNER, Mr. PETRI, Mr. JONES, Mr. MANZULLO, Mr. MARCHANT, Mr. 

WHITFIELD, Ms. FALLIN, Mr. KLINE of Minnesota, Mr. ROSKAM, Mr. 

LINDER, Mr. HERGER, Mr. COLE, and Mr. REHBERG) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to provide for a reduction 

in the number of boutique fuels, 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 ‘‘Boutique Fuel Reduc5 tion Act of 2009’’. 

6 SEC. 2. TEMPORARY WAIVERS. 

7 Section 211(c)(4)(C)(ii)(II) of the Clean Air Act (42 

8 U.S.C. 7545(c)(4)(C)(ii)(II)) is amended by inserting 


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1 after ‘‘equipment failure’’ the following: ‘‘, unexpected 

2 problems with distribution or delivery equipment that is 

3 necessary for transportation and delivery of fuel or fuel 

4 additives’’. 

5 SEC. 3. REDUCTION IN NUMBER OF BOUTIQUE FUELS. 

6 Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 

7 7545(c)(4)(C)) is amended as follows: 

8 (1) By redesignating the clause (v) added by 

9 section 1541(b) of the Energy Policy Act of 2005 

10 (Public Law 109–58; 119 Stat. 1106) as clause (vi). 

11 (2) In clause (vi) (as so redesignated)— 

12 (A) in subclause (I) by striking ‘‘approved 

13 under this paragraph as of September 1, 2004, 

14 in all State implementation plans’’ and by in15 serting in lieu there of ‘‘set forth on the list 

16 published under subclause (II) (or on the re17 vised list referred to in subclause (III) if the list 

18 has been revised)’’; 

19 (B) by amending subclause (III) to read as 

20 follows: 

21 ‘‘(III) The Administrator shall, after notice 

22 and opportunity for comment, remove a fuel 

23 from the list published under subclause (II) if 

24 the Administrator determines that such fuel has 

25 ceased to be included in any State implementaVerDate Nov 24 2008 03:21 Jan 13, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H392.IH H392

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1 tion plan or is identical to a Federal fuel con2 trol or prohibition promulgated and imple3 mented by the Administrator. The Adminis4 trator shall publish a revised list reflecting the 

5 reduction in the number of fuels.’’; 

6 (C) in subclause (IV) by striking ‘‘Sub7 clause (I)’’ and inserting ‘‘Neither subclause (I) 

8 nor subclause (V)’’ and by striking ‘‘not’’ and 

9 by striking ‘‘if such new fuel’’; and 

10 (D) by amending subclause (IV) to read as 

11 follows: 

12 ‘‘(IV) Subclause (I) shall not 

13 limit the Administrator’s author14 ity to approve a control or prohi15 bition respecting any new fuel 

16 under this paragraph in a State 

17 implementation plan or revision 

18 to a State implementation plan if 

19 such new fuel completely replaces 

20 a fuel on the list published under 

21 subclause (II) (or the revised list 

22 referred to in subclause (III) if 

23 the list has been revised) and if 

24 the Administrator, after consulta25 tion with the Secretary of EnVerDate Nov 24 2008 03:21 Jan 13, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H392.IH H392

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1 ergy, publishes in the Federal 

2 Register after notice and com3 ment a finding that, in the Ad4 ministrator’s judgment, such con5 trol or prohibition respecting 

6 such new fuel will not cause fuel 

7 supply or distribution interrup8 tions or have a significant ad9 verse impact on fuel producibility 

10 in the affected area or contiguous 

11 areas.’’. 

Æ 


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