I

107TH CONGRESS

1ST SESSION H. R. 20

To amend section 211 of the Clean Air Act to modify the provisions regarding

the oxygen content of reformulated gasoline and to improve the regulation

of the fuel additive, methyl tertiary butyl ether (MTBE), and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. GREENWOOD introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To amend section 211 of the Clean Air Act to modify the

provisions regarding the oxygen content of reformulated

gasoline and to improve the regulation of the fuel additive, methyl tertiary butyl ether (MTBE), 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. WAIVER OF OXYGEN CONTENT REQUIRE4 MENTS.

5 Section 211(k) of the Clean Air Act (42 U.S.C.

6 7545(k)) is amended by adding the following new para7 graph at the end:
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1 ‘‘(11) WAIVER OF OXYGEN CONTENT REQUIRE2 MENT.—

3 ‘‘(A) IN GENERAL.—Upon petition to the

4 Administrator by the Governor of a State, the

5 Administrator shall waive any oxygen content

6 requirement in effect under this subsection for

7 that State.

8 ‘‘(B) ACTION BY ENVIRONMENTAL PRO9 TECTION AGENCY.—Not later than 270 days

10 after the date of receipt of a petition submitted

11 under subparagraph (A), the Administrator

12 shall grant the waiver of the oxygen content re13 quirement requested in the petition. If, by the

14 date that is 270 days after the date of receipt

15 of such a petition, the Administrator has not

16 granted the petition, the petition shall be

17 deemed to be granted. The waiver under this

18 subparagraph shall take effect on the date 90

19 days after the petition is granted or deemed

20 granted unless the Administrator establishes an

21 earlier effective date.

22 ‘‘(C) SPECIAL RULE.—The oxygen content

23 requirement in effect under this subsection shall

24 not apply to a State referred to in subsection

25 (c)(4)(B).’’.
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1 SEC. 2. CONTROL OF OXYGENATES.

2 (a) EPA AUTHORITY.—(1) Section 211(c)(1) of the

3 Clean Air Act (42 U.S.C. 7545(c)(1)) is amended by in4 serting ‘‘(A)’’ after ‘‘(1)’’ by redesignating subparagraphs

5 (A) and (B) as clauses (i) and (ii) and by adding the fol6 lowing at the end thereof:

7 ‘‘(B) The Administrator may, by regulation, control

8 or prohibit the use of any oxygenate (including methyl ter9 tiary butyl ether, ‘MTBE’) as a fuel, or fuel additive for

10 fuel, for use in a motor vehicle, motor vehicle engine, or

11 nonroad engine or nonroad vehicle if in the judgment of

12 the Administrator such oxygenate causes or contributes to

13 contamination of drinking water which may reasonably be

14 anticipated to endanger public health, welfare, or the envi15 ronment in the United States.’’.

16 (2) Section 211(c)(2)(A) of such Act (42 U.S.C.

17 7545(c)(2)(A)) is amended by inserting ‘‘(i) of subpara18 graph’’ before ‘‘(A) of paragraph’’.

19 (3) Section 211(c)(2)(B) of such Act (42 U.S.C.

20 7545(c)(2)(B)) is amended by striking ‘‘(B)’’ and insert21 ing ‘‘(ii) of subparagraph (A)’’.

22 (4) Section 211(c)(2)(C) of such Act (42 U.S.C.

23 7545(c)(2)(C)) is amended by inserting ‘‘clause (i) or (ii)

24 of subparagraph (A) of’’ before ‘‘paragraph (1)’’.
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1 (5) Section 211(c)(2) of such Act (42 U.S.C.

2 7545(c)(2)) is amended by adding the following at the end

3 thereof:

4 ‘‘(D) If the Administrator seeks to control or prohibit

5 the use of any oxygenate under subparagraph (B) of para6 graph (1), the Administrator shall take into account infor7 mation as to whether such control or prohibition will affect

8 the use of any other oxygenate in a manner which may

9 reasonably be anticipated to endanger public health, wel10 fare, or the environment in the United States.’’.

11 (b) MTBE LEVELS.—Section 211(c) of the Clean Air

12 Act (42 U.S.C. 7545(c)) is amended by adding the fol13 lowing at the end thereof:

14 ‘‘(5) MTBE LEVELS.—Within 1 year after the enact15 ment of this paragraph, the Administrator shall promul16 gate regulations to require that, for the calendar year be17 ginning January 1, 2005, and for each calendar year

18 thereafter, the annual volume of methyl tertiary butyl

19 ether (MTBE) manufactured or introduced into commerce

20 in a calendar year in the United States for use as a fuel,

21 or fuel additive for fuel, for use in a motor vehicle, motor

22 vehicle engine, or nonroad engine or nonroad vehicle shall

23 not exceed the average annual volume of MTBE estimated

24 by the Administrator to have been manufactured or intro25 duced into commerce in calendar years 1986 through 1991
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1 in the United States for use as a fuel or fuel additive for

2 fuel, for use in a motor vehicle, motor vehicle engine, or

3 nonroad engine or nonroad vehicle. The regulations under

4 this paragraph may include regulations regarding the

5 quantity of MTBE on a per-gallon basis or annual average

6 basis provided that such an annual average standard has

7 associated with it a per-gallon maximum standard.’’.

8 (c) STATE AUTHORITY.—Section 211(c)(4) of the

9 Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by add10 ing the following at the end:

11 ‘‘(D) The Administrator may permit any State to

12 prescribe and enforce controls or prohibitions on the use

13 of methyl tertiary butyl ether (MTBE) as a fuel additive

14 in fuel offered for sale, or sold, at retail in a calendar year

15 in that State in order to reduce the volume of MTBE of16 fered for sale, or sold, at retail in that State to levels below

17 the levels estimated by the State to be offered for sale,

18 or sold, at retail in that State under paragraph (1)(B)

19 or (5). The Administrator may also permit any such State

20 to establish such controls or prohibitions on MTBE on a

21 more expeditious schedule than required under paragraph

22 (1)(B) or (5). Any State seeking additional controls or

23 prohibitions or a more expeditious schedule under this

24 subparagraph shall submit a petition to the Administrator.

25 The Administrator may only grant such a petition if the
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1 Administrator finds that the controls on MTBE in effect

2 under paragraph (1)(B) or (5) will not prevent MTBE

3 from causing or contributing to air pollution in that State,

4 or contamination of drinking water in that State, which

5 may reasonably be anticipated to endanger public health,

6 welfare, or the environment. No State may submit such

7 a petition to the Administrator before the date 1 year after

8 the enactment of this subparagraph. The Administrator

9 shall act on such petitions within 180 days of receipt. No

10 State referred to in subparagraph (B) shall be subject to

11 the requirements of this subparagraph.

12 ‘‘(E) Subparagraph (D) shall not limit the authority

13 of any State under any other provision of law to prescribe

14 and enforce any control or prohibition on the use of methyl

15 tertiary butyl ether (MTBE) as a fuel additive.’’.

16 SEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS.

17 (a) TOXIC AIR POLLUTANTS.—Section 211(k)(3) of

18 the Clean Air Act (42 U.S.C. 7545(k)(3)) is amended by

19 adding the following at the end:

20 ‘‘(C) MAINTAINING TOXIC CONTROL BENE21 FITS IN OXYGEN WAIVER AREAS.—(i) Not later

22 than 90 days after the date of enactment of

23 this subparagraph, the Administrator shall pro24 pose, and not later than later than 270 days

25 after the enactment of this subparagraph, pro-
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1 mulgate, regulations under this subparagraph

2 (consistent with section 211(k)(3)(B)(ii) of the

3 Clean Air Act) establishing regional perform4 ance standards to ensure that the levels of re5 ductions of toxic air pollutants achieved under

6 the Reformulated Gasoline Program in effect

7 under this subsection are maintained in areas

8 where the oxygen content requirement is waived

9 under paragraph (11).

10 ‘‘(ii) For purposes of establishing regional

11 performance standards under this subpara12 graph, the Administrator shall determine the

13 reductions of toxic air pollutants achieved under

14 the Reformulated Gasoline Program in effect

15 under this subsection on average in calendar

16 years 1998 and 1999 in various regions se17 lected, in consultation with the Secretary of En18 ergy. Such regions shall be selected on the basis

19 of the existing gasoline distribution and supply

20 network to the extent practicable. The Adminis21 trator’s determination shall be based on compli22 ance survey data, other appropriate and reliable

23 data and the Environmental Protection Agen24 cy’s existing Phase II complex model.
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1 ‘‘(iii) The Administrator shall convert the

2 average air toxic reductions, calculated as de3 scribed in clause (ii), into annual average re4 gional performance standards. Such regional

5 performance standards shall apply to reformu6 lated gasoline to be sold, or offered for sale, or

7 introduced into commerce in areas where the

8 oxygen content requirement is waived under

9 paragraph (11).

10 ‘‘(iv) The performance standards under

11 this subparagraph shall not apply to the extent

12 that regulations under this Act (including the

13 Environmental Protection Agency’s existing

14 Phase II Reformulated Gasoline air toxics per15 formance standards, or regulations promulgated

16 under section 202(l)) are more stringent than

17 such performance standards. The performance

18 standards under this subparagraph shall not

19 apply in any State referred to in section

20 211(c)(4)(B).

21 ‘‘(v) Pending promulgation of regulations

22 under this subparagraph, the Environmental

23 Protection Agency’s Phase II Reformulated

24 Gasoline complex model toxic performance

25 standards shall apply in areas where the oxygen
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1 content requirement is waived under paragraph

2 (11).’’.

3 (b) CRITERIA AIR POLLUTANTS.—Section 211 of the

4 Clean Air Act (42 U.S.C. 7545) is amended by adding

5 at the end the following:

6 ‘‘(p) CONVENTIONAL GASOLINE.—

7 ‘‘(1) IN GENERAL.—Not later than October 1,

8 2007—

9 ‘‘(A) the Administrator shall determine

10 whether the use of conventional gasoline during

11 the period of calendar years 2005 and 2006 re12 sulted in a greater volume of emissions of cri13 teria air pollutants listed under section 108, de14 termined on the basis of a weighted average of

15 those pollutants, than the volume of such emis16 sions during the period of calendar years 1998

17 and 1999; and

18 ‘‘(B) if the Administrator determines that

19 a significant increase in emissions occurred, the

20 Administrator shall promulgate such regula21 tions under subsection (c) concerning the use of

22 conventional gasoline as are appropriate regard23 ing that increase.

24 ‘‘(2) APPLICABILITY TO CERTAIN STATES.—The

25 Administrator shall make the determination under
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1 paragraph (1)(A) without regard to, and the regula2 tions promulgated under paragraph (1)(B) shall not

3 apply to, any State that has received a waiver under

4 section 209(b).’’.

5 SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY.

6 Any regulation or modification of fuel properties pro7 mulgated by, or approved by the Administrator of the En8 vironmental Protection Agency under the amendments

9 made by this Act, shall take into account the need to pro10 vide lead time for refinery and fuel distribution system

11 modifications necessary to assure adequate fuel supply for

12 all States. Such regulation or modification shall include

13 provisions for the banking and trading of allowances with14 in, but not between, the regions referred to in section

15 211(k)(3)(C) of the Clean Air Act.

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