II 

112TH CONGRESS 

1ST SESSION S. 511 

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

of boutique fuels, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2011 

Mr. BLUNT (for himself, Mr. KIRK, Mr. WICKER, Mr. CORKER, Mr. COBURN, 

Mr. LEE, Mr. SESSIONS, Mr. MCCONNELL, Mr. THUNE, Mr. CORNYN, 

Mr. HATCH, Mr. ENSIGN, Mr. DEMINT, Mr. TOOMEY, Mr. KYL, Mr. 

MCCAIN, Mr. ALEXANDER, Mr. HOEVEN, Mr. JOHNSON of Wisconsin, 

Mr. COATS, Mr. BOOZMAN, Mr. CHAMBLISS, Mr. RUBIO, Mr. ISAKSON, 

Mr. JOHANNS, Mr. CRAPO, Mr. ROBERTS, Mr. LUGAR, Mr. COCHRAN, 

Mr. BARRASSO, Mr. GRASSLEY, Mr. PORTMAN, Ms. MURKOWSKI, Mr. 

RISCH, Ms. AYOTTE, Mr. BROWN of Massachusetts, Mr. SHELBY, and 

Mr. BURR) 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 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 2011’’. 


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1 SEC. 2. REDUCTION IN NUMBER OF BOUTIQUE FUELS. 

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

3 7545(c)(4)(C)) is amended— 

4 (1) in clause (ii)(II), by inserting ‘‘an unex5 pected problem with distribution or delivery equip6 ment that is necessary for the transportation or de7 livery of fuel or fuel additives,’’ after ‘‘equipment 

8 failure,’’; 

9 (2) by redesignating the second clause (v) (re10 lating to the authority of the Administrator to ap11 prove certain State implementation plans) as clause 

12 (vi); and 

13 (3) in clause (vi) (as redesignated by paragraph 

14 (2))— 

15 (A) in subclause (I), by striking ‘‘fuels ap16 proved under’’ and all that follows through the 

17 end of the subclause and inserting ‘‘fuels in18 cluded on the list published under subclause 

19 (II) (including any revisions to the list under 

20 subclause (III)).’’; 

21 (B) by striking subclause (III) and insert22 ing the following: 

23 ‘‘(III) REMOVAL OF FUELS FROM

24 LIST.— 

25 ‘‘(aa) IN GENERAL.—The 

26 Administrator, after providing 


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1 notice and an opportunity for 

2 comment, shall remove a fuel 

3 from the list published under 

4 subclause (II) if the Adminis5 trator determines that the fuel 

6 has ceased to be included in any 

7 State implementation plan or is 

8 identical to a Federal fuel control 

9 or prohibition established and en10 forced the Administrator. 

11 ‘‘(bb) PUBLICATION OF RE12 VISED LIST.—On removing a fuel 

13 from the list under item (aa), the 

14 Administrator shall publish a re15 vised list that reflects that re16 moval.’’; and 

17 (C) by striking subclause (IV) and insert18 ing the following: 

19 ‘‘(IV) NO LIMITATION ON AU20 THORITY.—Nothing in subclause (I) 

21 or (V) limits the authority of the Ad22 ministrator to approve a control or 

23 prohibition relating to any new fuel 

24 under this paragraph in a State imVerDate Mar 15 2010 23:16 Mar 08, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S511.IS S511

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1 plementation plan (or a revision to 

2 such a plan), if— 

3 ‘‘(aa) the new fuel com4 pletely replaces a fuel on the list 

5 published under subclause (II) 

6 (including any revisions to the 

7 list under subclause (III)); and 

8 ‘‘(bb) the Administrator, in 

9 consultation with the Secretary 

10 of Energy, publishes in the Fed11 eral Register, after providing no12 tice and an opportunity for public 

13 comment, a determination that 

14 the control or prohibition will not 

15 cause any fuel supply or distribu16 tion interruption or have any sig17 nificant adverse impact on fuel 

18 producibility in the affected area 

19 or any contiguous area.’’. 

Æ 


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