I 

113TH CONGRESS 

1ST SESSION H. R. 1214 

To provide liability protection for claims based on the design, manufacture, 

sale, offer for sale, introduction into commerce, or use of certain fuels 

and fuel additives, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2013 

Mr. SHIMKUS introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide liability protection for claims based on the design, 

manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, 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 ‘‘Domestic Fuels Pro5 tection Act of 2013’’. 


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1 SEC. 2. FUEL COMPATIBILITY. 

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

3 Disposal Act (42 U.S.C. 6991 et seq.) is amended— 

4 (1) by redesignating section 9014 as section 

5 9015; and 

6 (2) by inserting after section 9013 the fol7 lowing: 

8 ‘‘SEC. 9014. COMPATIBILITY. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) ASSOCIATED DISPENSING EQUIPMENT.— 

11 The term ‘associated dispensing equipment’ means 

12 equipment, at a stationary facility, that is— 

13 ‘‘(A) used for— 

14 ‘‘(i) the storage of any fuel or fuel ad15 ditive described in subsection (b)(3)(A); or 

16 ‘‘(ii) the dispensing of any fuel or fuel 

17 additive described in subsection (b)(3)(A) 

18 into any fuel tank of any motor vehicle, 

19 motor vehicle engine, nonroad vehicle, 

20 nonroad engine, or nonroad equipment; 

21 and 

22 ‘‘(B) subject to regulation under section 

23 1910.106 or 1926.152 of title 29, Code of Fed24 eral Regulations (as in effect on the date of en25 actment of the Domestic Fuels Protection Act 

26 of 2013). 


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

2 the meaning given the term in section 280.12 of title 

3 40, Code of Federal Regulations (as in effect on the 

4 date of enactment of the Domestic Fuels Protection 

5 Act of 2013). 

6 ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi7 cle’ has the meaning given the term in section 216 

8 of the Clean Air Act (42 U.S.C. 7550). 

9 ‘‘(4) MOTOR VEHICLE ENGINE.—The term 

10 ‘motor vehicle engine’ means an engine in a motor 

11 vehicle. 

12 ‘‘(5) NONROAD ENGINE.—The term ‘nonroad 

13 engine’ has the meaning given the term in section 

14 216 of the Clean Air Act (42 U.S.C. 7550). 

15 ‘‘(6) NONROAD EQUIPMENT.—The term 

16 ‘nonroad equipment’ means any recreational, con17 struction, industrial, agricultural, logging, residen18 tial, commercial lawn and garden, or other equip19 ment that is powered by a nonroad engine. 

20 ‘‘(7) NONROAD VEHICLE.—The term ‘nonroad 

21 vehicle’ has the meaning given the term in section 

22 216 of the Clean Air Act (42 U.S.C. 7550). 

23 ‘‘(8) PROVIDER OF FINANCIAL ASSURANCE.— 

24 The term ‘provider of financial assurance’ has the 

25 meaning given the term in section 280.92 of title 40, 


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1 Code of Federal Regulations (as in effect on the 

2 date of enactment of the Domestic Fuels Protection 

3 Act of 2013). 

4 ‘‘(9) UNDERGROUND STORAGE TANK SYS5 TEM.—The term ‘underground storage tank system’ 

6 means an underground storage tank, connected un7 derground piping, underground ancillary equipment, 

8 and containment system, if any. 

9 ‘‘(b) COMPATIBILITY WITH FUELS.— 

10 ‘‘(1) LIABILITY.—No person shall be liable 

11 under any Federal, State, or local law (including 

12 common law) because an underground storage tank, 

13 underground storage tank system, or associated dis14 pensing equipment is not compatible with a fuel or 

15 fuel additive described in paragraph (3)(A) if the 

16 tank, system, or equipment has been determined to 

17 be compatible with the fuel or fuel additive under 

18 the guidelines or regulations described in paragraph 

19 (3). 

20 ‘‘(2) FINANCIAL ASSURANCE.—A provider of fi21 nancial assurance shall not deny payment for any 

22 claim on the basis that an underground storage 

23 tank, underground storage tank system, or associ24 ated dispensing equipment is not compatible with a 

25 fuel or fuel additive described in paragraph (3)(A) if 


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1 the tank, system, or equipment has been determined 

2 to be compatible with the fuel or fuel additive under 

3 the guidelines or regulations described in paragraph 

4 (3). 

5 ‘‘(3) GUIDELINES AND REGULATIONS.— 

6 ‘‘(A) IN GENERAL.—Paragraphs (1) and 

7 (2) apply to any underground storage tank, un8 derground storage tank system, and associated 

9 dispensing equipment that meets any guidelines 

10 or regulations, which may be revised under sub11 paragraph (B), issued by the Administrator and 

12 in effect on the date of enactment of the Do13 mestic Fuels Protection Act of 2013, address14 ing compatibility of such tanks, systems, or 

15 equipment with any fuel or fuel additive that is 

16 authorized and registered, or for which an up17 dated registration is accepted, by the Adminis18 trator or under any Federal law, for use in a 

19 motor vehicle, motor vehicle engine, nonroad ve20 hicle, nonroad engine, or nonroad equipment. 

21 ‘‘(B) REGULATIONS.— 

22 ‘‘(i) IN GENERAL.—Not later than 1 

23 year after the date of enactment of the Do24 mestic Fuels Protection Act of 2013, the 

25 Administrator shall issue, or if applicable 


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1 revise, regulations setting standards for de2 termining whether an underground storage 

3 tank, underground storage tank system, or 

4 associated dispensing equipment is compat5 ible with a fuel or fuel additive described 

6 in subparagraph (A). 

7 ‘‘(ii) MINIMUM STANDARDS.—The 

8 regulations issued under clause (i) shall in9 clude minimum standards and processes 

10 for certification by the Administrator or by 

11 an owner, operator, or manufacturer of un12 derground storage tanks, underground 

13 storage tank systems, or associated dis14 pensing equipment, to ensure compat15 ibility. 

16 ‘‘(4) UNDERGROUND STORAGE TANKS, UNDER17 GROUND STORAGE TANK SYSTEMS, AND ASSOCIATED

18 DISPENSING EQUIPMENT PREVIOUSLY LISTED AS

19 COMPATIBLE.—Any underground storage tank, un20 derground storage tank system, or associated dis21 pensing equipment that, on or before the date of en22 actment of the Domestic Fuels Protection Act of 

23 2013, is listed by a nationally recognized testing lab24 oratory as compatible with a fuel or fuel additive de25 scribed in paragraph (3)(A) shall be deemed compatVerDate Mar 15 2010 07:27 Mar 23, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1214.IH H1214

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1 ible with such fuel or fuel additive under the regula2 tions issued under this subsection. 

3 ‘‘(5) ADMINISTRATION.—Nothing in this section 

4 affects— 

5 ‘‘(A) any other requirement respecting the 

6 introduction into commerce, offering for sale, or 

7 sale of any fuel or fuel additive; 

8 ‘‘(B) any requirement under section 211(o) 

9 of the Clean Air Act (42 U.S.C. 7545(o)); or 

10 ‘‘(C) any other requirement under this 

11 subtitle.’’. 

12 (b) CONFORMING AMENDMENTS.—The Solid Waste 

13 Disposal Act is amended— 

14 (1) in section 9003(h)(12)(A) (42 U.S.C. 

15 6991b(h)(12)(A)), by striking ‘‘section 9014(2)(B)’’ 

16 and inserting ‘‘section 9015(2)(B)’’; 

17 (2) in section 9004(f)(1)(A) (42 U.S.C. 

18 6991c(f)(1)(A)), by striking ‘‘section 9014(2)(A)’’ 

19 and inserting ‘‘section 9015(2)(A)’’; and 

20 (3) in section 9011 (42 U.S.C. 6991j), by strik21 ing ‘‘section 9014(2)(D)’’ and inserting ‘‘section 

22 9015(2)(D)’’. 

23 (c) TABLE OF CONTENTS.—The table of contents 

24 contained in section 1001 of the Solid Waste Disposal Act 


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1 (42 U.S.C. 6901) is amended by striking the item relating 

2 to section 9014 and inserting the following: 

‘‘Sec. 9014. Compatibility. 

‘‘Sec. 9015. Authorization of Appropriations.’’. 

3 SEC. 3. MISFUELING. 

4 (a) IN GENERAL.—Section 211(g) of the Clean Air 

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

6 the following: 

7 ‘‘(3) LIMITATION ON LIABILITY.— 

8 ‘‘(A) LIMITATION.— 

9 ‘‘(i) IN GENERAL.—Except as provided in 

10 clause (ii), no person shall be liable under any 

11 provision of this Act or any Federal, State, or 

12 local law, including common law, if— 

13 ‘‘(I) a self-service purchaser intro14 duces any transportation fuel into any 

15 motor vehicle, motor vehicle engine, 

16 nonroad vehicle, or nonroad equipment for 

17 which the fuel has not been approved 

18 under subsection (f); or 

19 ‘‘(II) the introduction of any transpor20 tation fuel voids the warranty of the manu21 facturer of the motor vehicle, motor vehicle 

22 engine, nonroad engine, nonroad vehicle, or 

23 nonroad equipment. 


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1 ‘‘(ii) EXCEPTION.—Clause (i) shall not 

2 apply to— 

3 ‘‘(I) a person who sells any transpor4 tation fuel and does not comply with the 

5 misfueling regulations adopted by the Ad6 ministrator under section 80.1501 of title 

7 40, Code of Federal Regulations (or suc8 cessor regulations); or 

9 ‘‘(II) a person who intentionally 

10 misfuels. 

11 ‘‘(B) DEFINITIONS.—In this paragraph: 

12 ‘‘(i) NONROAD EQUIPMENT.—The term 

13 ‘nonroad equipment’ means any recreational, 

14 construction, industrial, agricultural, logging, 

15 residential, commercial lawn and garden, or 

16 other equipment that is powered by a nonroad 

17 engine. 

18 ‘‘(ii) TRANSPORTATION FUEL.—The term 

19 ‘transportation fuel’ means any fuel that con20 tains a fuel or a fuel additive, or a blend of a 

21 fuel and fuel additive, that is authorized after 

22 January 1, 2010, by the Administrator or 

23 under any Federal law, for use in any motor ve24 hicle, motor vehicle engine, nonroad vehicle, 

25 nonroad engine, or nonroad equipment.’’. 


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

2 (42 U.S.C. 7545(d)) is amended— 

3 (1) in paragraph (1), in the first sentence, by 

4 inserting ‘‘(g),’’ after ‘‘or the regulations prescribed 

5 under subsection (c),’’; and 

6 (2) in paragraph (2), in the first sentence, by 

7 inserting ‘‘(g),’’ after ‘‘of the regulations prescribed 

8 under subsections (c),’’. 

9 SEC. 4. LIMITATION ON LIABILITY. 

10 (a) QUALIFIED CIVIL LIABILITY ACTIONS IN FED11 ERAL COURT AND STATE COURT.— 

12 (1) IN GENERAL.—No qualified civil liability ac13 tion shall be filed or maintained in any court of the 

14 United States or any State court. 

15 (2) DISMISSAL OF PENDING ACTIONS.—Any 

16 qualified civil liability action filed or pending in any 

17 court of the United States or any State court on or 

18 after the date of enactment of this Act shall be dis19 missed with prejudice. 

20 (b) SAFE HARBOR.—Notwithstanding any Federal, 

21 State, or local law (including common law), no qualified 

22 product shall be considered to be a defective product, if 

23 the qualified product does not violate a control or prohibi24 tion, respecting any characteristic or component of the 

25 qualified product, imposed by the Administrator of the 


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1 Environmental Protection Agency under section 211 of 

2 the Clean Air Act (42 U.S.C. 7545). 

3 (c) DEFINITIONS.—In this section: 

4 (1) COVERED ENTITY.—The term ‘‘covered en5 tity’’ means any entity engaged in the design, manu6 facture, sale, or distribution of any— 

7 (A) qualified product; or 

8 (B) motor vehicle, motor vehicle engine, 

9 nonroad vehicle, nonroad engine, or nonroad 

10 equipment. 

11 (2) MOTOR VEHICLE.—The term ‘‘motor vehi12 cle’’ has the meaning given the term in section 216 

13 of the Clean Air Act (42 U.S.C. 7550). 

14 (3) MOTOR VEHICLE ENGINE.—The term 

15 ‘‘motor vehicle engine’’ means an engine in a motor 

16 vehicle. 

17 (4) NONROAD ENGINE.—The term ‘‘nonroad 

18 engine’’ has the meaning given the term in section 

19 216 of the Clean Air Act (42 U.S.C. 7550). 

20 (5) NONROAD EQUIPMENT.—The term 

21 ‘‘nonroad equipment’’ means any recreational, con22 struction, industrial, agricultural, logging, residen23 tial, commercial lawn and garden, or other equip24 ment that incorporates a nonroad engine. 


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1 (6) NONROAD VEHICLE.—The term ‘‘nonroad 

2 vehicle’’ has the meaning given the term in section 

3 216 of the Clean Air Act (42 U.S.C. 7550). 

4 (7) PERSON.—The term ‘‘person’’ has the 

5 meaning given the term in section 1 of title 1, 

6 United States Code, except that the term includes 

7 any governmental entity. 

8 (8) QUALIFIED CIVIL LIABILITY ACTION.—The 

9 term ‘‘qualified civil liability action’’ means any civil 

10 action or proceeding brought by any person against 

11 a covered entity for damages, punitive damages, in12 junctive or declaratory relief, abatement, restitution, 

13 fines, penalties, or other relief, resulting from the in14 troduction of any qualified product into any motor 

15 vehicle, motor vehicle engine, nonroad vehicle, 

16 nonroad engine, or nonroad equipment. 

17 (9) QUALIFIED PRODUCT.—The term ‘‘qualified 

18 product’’ means— 

19 (A) any fuel or fuel additive for which a 

20 registration is in effect under section 211(b) of 

21 the Clean Air Act (42 U.S.C. 7545(b)) or any 

22 other Federal law enacted on or after October 

23 13, 2010; 

24 (B) a transportation fuel or transportation 

25 fuel additive that— 


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1 (i) contains any renewable fuel (as de2 fined in section 211(o)(1) of the Clean Air 

3 Act (42 U.S.C. 7545(o)(1))); and 

4 (ii) is designated for introduction into 

5 interstate commerce by the Administrator 

6 of the Environmental Protection Agency or 

7 the Secretary of Energy under the Clean 

8 Air Act (42 U.S.C. 7401 et seq.), the En9 ergy Policy Act of 1992 (42 U.S.C. 13201 

10 et seq.), or any other Federal law enacted 

11 on or after October 13, 2010; 

12 (C) any component of a fuel or fuel addi13 tive described in subparagraph (A) or (B); or 

14 (D) any blend stock. 

15 (10) STATE.—The term ‘‘State’’ means each of 

16 the several States of the United States; the District 

17 of Columbia; and any territory, commonwealth, or 

18 possession of the United States. 

Æ 


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