I 

111TH CONGRESS 

2D SESSION H. R. 5778 

To facilitate the implementation of the Renewable Fuel Standard, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2010 

Mr. ROSS (for himself and Mr. SHIMKUS) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To facilitate the implementation of the Renewable Fuel 

Standard, 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 ‘‘Renewable Fuels Mar5 keting Act of 2010’’. 

6 SEC. 2. FUEL COMPATIBILITY WITH INFRASTRUCTURE. 

7 (a) COMPATIBILITY.—Subtitle I of the Solid Waste 

8 Disposal Act (42 U.S.C. 6991 et seq.) is amended as fol9 lows: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 5778 IH

1 (1) By redesignating section 9014 as section 

2 9015. 

3 (2) By inserting after section 9013 the fol4 lowing new section: 

5 ‘‘SEC. 9014. COMPATIBILITY. 

6 ‘‘(a) COMPATIBILITY WITH RENEWABLE FUELS.— 

7 ‘‘(1) GUIDELINES.—Not later than 1 year after 

8 the date of enactment of the Renewable Fuels Mar9 keting Act of 2010, the Administrator shall issue 

10 guidelines for determining whether underground 

11 storage tanks and associated dispensing equipment 

12 are compatible with any fuel or fuel additive that is 

13 authorized by the Administrator or by statute for 

14 use in a motor vehicle, nonroad vehicle, or engine. 

15 ‘‘(2) APPLICATION.—Guidelines issued under 

16 this subsection shall apply with respect to existing 

17 underground storage tanks and associated dis18 pensing equipment and with respect to new under19 ground storage tanks and associated dispensing 

20 equipment. 

21 ‘‘(3) PREVIOUSLY LISTED AS COMPATIBLE.— 

22 Underground storage tanks and associated dis23 pensing equipment that, as of the date of enactment 

24 of this section, have been listed by a nationally rec25 ognized testing laboratory as compatible with a fuel 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 5778 IH

1 or fuel additive described in paragraph (1) shall be 

2 deemed compatible under the guidelines issued 

3 under this subsection. 

4 ‘‘(b) LIABILITY.—No person shall be liable under any 

5 provision of this Act or any other provision of Federal or 

6 State law on the basis that an underground storage tank 

7 or associated dispensing equipment that stores or dis8 penses any fuel or fuel additive described in subsection 

9 (a)(1) is not compatible with such fuel or fuel additive if 

10 such tank or equipment has been determined to be com11 patible with such fuel or fuel additive pursuant to the 

12 guidelines issued under such subsection. 

13 ‘‘(c) FINANCIAL ASSURANCE.—A provider of finan14 cial assurance may not deny payment for a claim on the 

15 basis that an underground storage tank or associated dis16 pensing equipment is not compatible with any fuel or fuel 

17 additive described in subsection (a)(1) if such tank or 

18 equipment is determined to be compatible with such fuel 

19 or fuel additive pursuant to the guidelines issued under 

20 such subsection. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) ASSOCIATED DISPENSING EQUIPMENT.— 

23 The term ‘associated dispensing equipment’ means 

24 equipment that is— 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 5778 IH

1 ‘‘(A) for the dispensing or storage at retail 

2 of any fuel or fuel additive described in sub3 section (a)(1); and 

4 ‘‘(B) subject to regulation under section 

5 1926.152 of title 29, Code of Federal Regula6 tions, as in effect on the date of enactment of 

7 the Renewable Fuels Marketing Act of 2010. 

8 ‘‘(2) COMPATIBLE.—The term ‘compatible’ has 

9 the meaning given such term in section 280.12 of 

10 title 40, Code of Federal Regulations, as in effect on 

11 the date of enactment of the Renewable Fuels Mar12 keting Act of 2010. 

13 ‘‘(3) PROVIDER OF FINANCIAL ASSURANCE.— 

14 The term ‘provider of financial assurance’ has the 

15 meaning given such term in section 280.92 of title 

16 40, Code of Federal Regulations, as in effect on the 

17 date of enactment of the Renewable Fuels Marketing 

18 Act of 2010.’’. 

19 (b) TABLE OF CONTENTS.—The table of contents in 

20 section 1001 of the Solid Waste Disposal Act (42 U.S.C. 

21 6901) is amended by striking the item related to section 

22 9014 and inserting the following: 

‘‘9014. Compatibility. 

‘‘9015. Authorization of appropriations.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 5778 IH

1 SEC. 3. MISFUELING. 

2 (a) MISFUELING.—Section 211(g) of the Clean Air 

3 Act (42 U.S.C. 7545(g)) is amended by adding at the end 

4 the following new paragraph: 

5 ‘‘(3)(A) Not later than one year after the date of en6 actment of the Renewable Fuels Marketing Act of 2010, 

7 the Administrator shall promulgate regulations that set 

8 forth requirements for the labeling of associated dis9 pensing equipment as the Administrator determines nec10 essary to prevent the introduction of any transportation 

11 fuel described in subparagraph (C) into a motor vehicle, 

12 nonroad vehicle, or engine that is not compatible with such 

13 transportation fuel. 

14 ‘‘(B) A person selling a transportation fuel described 

15 in subparagraph (C) who complies with the regulations 

16 under subparagraph (A) shall not be liable, under any pro17 vision of this Act or any other provision of Federal or 

18 State law, for— 

19 ‘‘(i) a self-service purchaser’s introduction of 

20 such a transportation fuel into a motor vehicle, 

21 nonroad vehicle, or engine that is not compatible 

22 with such transportation fuel; or 

23 ‘‘(ii) the voiding of the manufacturer’s warranty 

24 of such a vehicle or engine from such introduction 

25 of such a transportation fuel. 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•HR 5778 IH

1 ‘‘(C) A transportation fuel described in this subpara2 graph is a fuel that contains a fuel or fuel additive that 

3 is authorized, after January 1, 2010, by the Administrator 

4 or by statute, for use in a motor vehicle, nonroad vehicle, 

5 or engine. 

6 ‘‘(D) In this paragraph the term ‘associated dis7 pensing equipment’ has the meaning given such term in 

8 section 9014(d) of the Solid Waste Disposal Act.’’. 

9 (b) PENALTIES.—Section 211(d) of the Clean Air Act 

10 (42 U.S.C. 7545(d)) is amended— 

11 (1) in paragraph (1), by inserting ‘‘(g),’’ after 

12 ‘‘or the regulations prescribed under subsection 

13 (c),’’; and 

14 (2) in paragraph (2), by inserting ‘‘(g),’’ after 

15 ‘‘of the regulations prescribed under subsections 

16 (c),’’. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS