II 

110TH CONGRESS 

2D SESSION S. 3591 

To amend the Clean Air Act to improve motor fuel supply and distribution. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Mrs. DOLE (for herself 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 improve motor fuel supply 

and distribution. 

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 ‘‘Motor Fuel Supply 

5 and Distribution Improvement Act’’. 

6 SEC. 2. IMPROVING MOTOR FUEL SUPPLY AND DISTRIBU7 TION. 

8 (a) LIMITING NUMBER OF BOUTIQUE FUELS.—Sec9 tion 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 

10 7545(c)(4)(C)) is amended by striking the second clause 


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1 (v) (as added by section 1541(b) of Public Law 109–58) 

2 and inserting the following: 

3 ‘‘(vi)(I) The Administrator shall have 

4 no authority, when considering a State im5 plementation plan or a State implementa6 tion plan revision, to approve under this 

7 paragraph any fuel included in such plan 

8 or revision if the effect of such approval 

9 would be to increase the total number of 

10 fuels approved under this paragraph as of 

11 January 1, 2009 in all State implementa12 tion plans. 

13 ‘‘(II) The Administrator, in consulta14 tion with the Secretary of Energy, shall de15 termine the total number of fuels approved 

16 under this paragraph as of January 1, 

17 2009, in all State implementation plans 

18 and shall publish a list of such fuels, in19 cluding the States and Petroleum Adminis20 tration for Defense District in which they 

21 are used, in the Federal Register no later 

22 than 90 days after enactment. 

23 ‘‘(III) The Administrator shall remove 

24 a fuel from the list published under sub25 clause (II) if a fuel ceases to be included 


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1 in a State implementation plan or if a fuel 

2 in a State implementation plan is identical 

3 to a Federal fuel formulation implemented 

4 by the Administrator, but the Adminis5 trator shall not reduce the total number of 

6 fuels authorized under the list published 

7 under subclause (II). 

8 ‘‘(IV) Subclause (I) shall not apply to 

9 approval by the Administrator of a control 

10 or prohibition respecting any new fuel 

11 under this paragraph in a State’s imple12 mentation plan or a revision to that State’s 

13 implementation plan after the date of en14 actment of this Act if the fuel, as of the 

15 date of consideration by the Adminis16 trator— 

17 ‘‘(aa) would replace completely a 

18 fuel on the list published under sub19 clause (II); 

20 ‘‘(bb) has been approved in at 

21 least one State implementation plan 

22 in the applicable Petroleum Adminis23 tration for Defense District; or 

24 ‘‘(cc) is a fuel that differs from 

25 the Federal conventional gasoline 


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1 specifications under subsection (k)(8) 

2 only with respect to the requirement 

3 of a summertime Reid Vapor Pressure 

4 of 7.0 or 7.8 pounds per square inch. 

5 ‘‘(V) Nothing in this clause shall be 

6 construed to have any effect regarding any 

7 available authority of States to require the 

8 use of any fuel additive registered in ac9 cordance with subsection (b), including any 

10 fuel additive registered in accordance with 

11 subsection (b) after the enactment of this 

12 subclause. 

13 ‘‘(VI) In this clause: 

14 ‘‘(aa) The term ‘control or prohi15 bition respecting a new fuel’ means a 

16 control or prohibition on the formula17 tion, composition, or emissions char18 acteristics of a fuel that would require 

19 the increase or decrease of a con20 stituent in gasoline or diesel fuel. 

21 ‘‘(bb) The term ‘fuel’ means gas22 oline, diesel fuel, and any other liquid 

23 petroleum product commercially 

24 known as gasoline and diesel fuel for 


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1 use in highway and non-road motor 

2 vehicles.’’. 

3 (b) TEMPORARY WAIVERS DURING SUPPLY EMER4 GENCIES.—Section 211(c)(4) of the Clean Air Act (42 

5 U.S.C. 7545(c)(4)) is amended by adding at the end the 

6 following: 

7 ‘‘(D) TEMPORARY WAIVERS DURING SUPPLY EMER8 GENCIES.—The Administrator may temporarily waive a 

9 control or prohibition with respect to the use of a fuel or 

10 fuel additive required or regulated by the Administrator 

11 under subsection (c), (h), (i), (k), or (m), or prescribed 

12 in an applicable implementation plan under section 110 

13 that is approved by the Administrator under subparagraph 

14 (c)(4)(C)(i), if, after consultation with and concurrence by 

15 the Secretary of Energy, the Administrator determines 

16 that— 

17 ‘‘(i) an extreme and unusual fuel or fuel addi18 tive supply circumstance exists in a State or region 

19 that prevents the distribution of an adequate supply 

20 of the fuel or fuel additive to consumers; 

21 ‘‘(ii) the extreme and unusual fuel or fuel addi22 tive supply circumstance is the result of a natural 

23 disaster, an act of God, a pipeline or refinery equip24 ment failure, or another event that could not reason25 ably have been foreseen or prevented and not a lack 


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1 of prudent planning on the part of the suppliers of 

2 the fuel or fuel additive to the State or region; and 

3 ‘‘(iii) it is in the public interest to grant the 

4 waiver. 

5 ‘‘(E) REQUIREMENTS FOR WAIVER.— 

6 ‘‘(i) DEFINITION OF MOTOR FUEL DISTRIBU7 TION SYSTEM.—In this subparagraph, the term 

8 ‘motor fuel distribution system’ has the meaning 

9 given the term by the Administrator, by regulation. 

10 ‘‘(ii) REQUIREMENTS.—A waiver under sub11 paragraph (D) shall be permitted only if— 

12 ‘‘(I) the waiver applies to the smallest geo13 graphic area necessary to address the extreme 

14 and unusual fuel or fuel additive supply cir15 cumstance; 

16 ‘‘(II) the waiver is effective for a period of 

17 15 calendar days or, if the Administrator deter18 mines that a shorter or longer waiver period is 

19 adequate, for the shortest practicable time pe20 riod necessary to permit the correction of the 

21 extreme and unusual fuel or fuel additive sup22 ply circumstances and to mitigate impact on air 

23 quality; 

24 ‘‘(III) the waiver permits a transitional pe25 riod, the duration of which shall be determined 


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1 by the Administrator, after the termination of 

2 the temporary waiver to permit wholesalers and 

3 retailers to blend down wholesale and retail in4 ventory; 

5 ‘‘(IV) the waiver applies to all persons in 

6 the motor fuel distribution system; and 

7 ‘‘(V) the Administrator has given public 

8 notice regarding consideration by the Adminis9 trator of, and, if applicable, the granting of, a 

10 waiver to all parties in the motor fuel distribu11 tion system, State and local regulators, public 

12 interest groups, and consumers in the State or 

13 region to be covered by the waiver. 

14 ‘‘(F) AFFECT ON WAIVER AUTHORITY.—Nothing in 

15 subparagraph (D)— 

16 ‘‘(i) limits or otherwise affects the application 

17 of any other waiver authority of the Administrator 

18 under this section or a regulation promulgated pur19 suant to this section; or 

20 ‘‘(ii) subjects any State or person to an enforce21 ment action, penalties, or liability solely arising from 

22 actions taken pursuant to the issuance of a waiver 

23 under subparagraph (D).’’. 

Æ 


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