II 

Calendar No. 116 

109TH CONGRESS 

1ST SESSION S. 606 

[Report No. 109–74] 

To amend the Clean Air Act to eliminate methyl tertiary butyl ether from 

the United States fuel supply, to increase production and use of renewable fuel, and to increase the Nation’s energy independence, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2005 

Mr. THUNE (for himself, Mr. BOND, Mr. INHOFE, and Mr. VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

MAY 26, 2005 

Reported by Mr. INHOFE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Clean Air Act to eliminate methyl tertiary 

butyl ether from the United States fuel supply, to increase production and use of renewable fuel, and to 

increase the Nation’s energy independence, 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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Reliable Fuels Act’’. 

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

5 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Renewable content of gasoline. 

Sec. 102. Renewable fuel. 

Sec. 103. Survey of renewable fuels consumption. 

TITLE II—FEDERAL REFORMULATED FUELS 

Sec. 201. Short title. 

Sec. 202. Leaking underground storage tanks. 

Sec. 203. Restrictions on the use of MTBE. 

Sec. 204. Elimination of oxygen content requirement for reformulated gasoline. 

Sec. 205. Public health and environmental impacts of fuels and fuel additives. 

Sec. 206. Analyses of motor vehicle fuel changes. 

Sec. 207. Additional opt-in areas under reformulated gasoline program. 

Sec. 208. Federal enforcement of State fuels requirements. 

Sec. 209. Fuel system requirements harmonization study.

6 TITLE I—GENERAL PROVISIONS 

7 SEC. 101. RENEWABLE CONTENT OF GASOLINE. 

8 (a) IN GENERAL.—Section 211 of the Clean Air Act 

9 (42 U.S.C. 7545) is amended—

10 (1) by redesignating subsection (o) as sub11 section (r); and 

12 (2) by inserting after subsection (n) the fol13 lowing: 

14 ‘‘(o) RENEWABLE FUEL PROGRAM.—

15 ‘‘(1) DEFINITIONS.—In this section: 

16 ‘‘(A) CELLULOSIC BIOMASS ETHANOL.—

17 The term ‘cellulosic biomass ethanol’ means 
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1 ethanol derived from any lignocellulosic or 

2 hemicellulosic matter that is available on a re3 newable or recurring basis, including—

4 ‘‘(i) dedicated energy crops and trees; 

5 ‘‘(ii) wood and wood residues; 

6 ‘‘(iii) plants; 

7 ‘‘(iv) grasses; 

8 ‘‘(v) agricultural residues; 

9 ‘‘(vi) fibers; 

10 ‘‘(vii) animal wastes and other waste 

11 materials; and 

12 ‘‘(viii) municipal solid waste. 

13 ‘‘(B) RENEWABLE FUEL.—

14 ‘‘(i) IN GENERAL.—The term ‘renew15 able fuel’ means motor vehicle fuel that—

16 ‘‘(I)(aa) is produced from grain, 

17 starch, oilseeds, or other biomass; or 

18 ‘‘(bb) is natural gas produced 

19 from a biogas source, including a 

20 landfill, sewage waste treatment plant, 

21 feedlot, or other place where decaying 

22 organic material is found; and 

23 ‘‘(II) is used to replace or reduce 

24 the quantity of fossil fuel present in a 
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1 fuel mixture used to operate a motor 

2 vehicle. 

3 ‘‘(ii) INCLUSION.—The term ‘renew4 able fuel’ includes—

5 ‘‘(I) cellulosic biomass ethanol; 

6 and 

7 ‘‘(II) biodiesel (as defined in sec8 tion 312(f) of the Energy Policy Act 

9 of 1992 (42 U.S.C. 13220(f))). 

10 ‘‘(C) SMALL REFINERY.—The term ‘small 

11 refinery’ means a refinery for which the average 

12 aggregate daily crude oil throughput for a cal13 endar year (as determined by dividing the ag14 gregate throughput for the calendar year by the 

15 number of days in the calendar year) does not 

16 exceed 75,000 barrels. 

17 ‘‘(2) RENEWABLE FUEL PROGRAM.—

18 ‘‘(A) REGULATIONS.—

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

20 year after the date of enactment of this 

21 paragraph, the Administrator shall promul22 gate regulations to ensure that gasoline 

23 sold or introduced into commerce in the 

24 United States (except in Alaska and Ha25 waii), on an annual average basis, contains 
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1 the applicable volume of renewable fuel de2 termined in accordance with subparagraph 

3 (B). 

4 ‘‘(ii) PROVISIONS OF REGULATIONS.—

5 Regardless of the date of promulgation, 

6 the regulations promulgated under clause 

7 (i)—

8 ‘‘(I) shall contain compliance pro9 visions applicable to refineries, blend10 ers, distributors, and importers, as 

11 appropriate, to ensure that the re12 quirements of this paragraph are met; 

13 but 

14 ‘‘(II) shall not—

15 ‘‘(aa) restrict cases in which 

16 geographic areas in which renew17 able fuel may be used; or 

18 ‘‘(bb) impose any per-gallon 

19 obligation for the use of renew20 able fuel. 

21 ‘‘(iii) REQUIREMENT IN CASE OF

22 FAILURE TO PROMULGATE REGULA23 TIONS.—If the Administrator does not pro24 mulgate regulations under clause (i), the 

25 percentage of renewable fuel in gasoline 
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1 sold or dispensed to consumers in the 

2 United States, on a volume basis, shall be 

3 1.8 percent for calendar year 2006. 

4 ‘‘(B) APPLICABLE VOLUME.—

5 ‘‘(i) CALENDAR YEARS 2006 THROUGH

6 2012.—For the purpose of subparagraph 

7 (A), the applicable volume for any of cal8 endar years 2006 through 2012 shall be 

9 determined in accordance with the fol10 lowing table:

Applicable volume of 

renewable fuel 

‘‘Calendar year: (in billions of gallons): 

2006 ......................................................................................... 3.8

2007 ......................................................................................... 4.1

2008 ......................................................................................... 4.5

2009 ......................................................................................... 4.9

2010 ......................................................................................... 5.3

2011 ......................................................................................... 5.7

2012 ......................................................................................... 6.0.

11 ‘‘(ii) CALENDAR YEAR 2013 AND

12 THEREAFTER.—For the purpose of sub13 paragraph (A), the applicable volume for 

14 calendar year 2013 and each calendar year 

15 thereafter shall be equal to the product ob16 tained by multiplying—

17 ‘‘(I) the number of gallons of 

18 gasoline that the Administrator esti19 mates will be sold or introduced into 

20 commerce in the calendar year; and 
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1 ‘‘(II) the ratio that—

2 ‘‘(aa) 5,000,000,000 

3 6,000,000,000 gallons of renew4 able fuel; bears to 

5 ‘‘(bb) the number of gallons 

6 of gasoline sold or introduced 

7 into commerce in calendar year 

8 2012. 

9 ‘‘(3) APPLICABLE PERCENTAGES.—

10 ‘‘(A) PROVISION OF ESTIMATE OF VOL11 UMES OF GASOLINE SALES.—Not later than 

12 October 31 of each of calendar years 2005 

13 through 2011, the Administrator of the Energy 

14 Information Administration shall provide to the 

15 Administrator of the Environmental Protection 

16 Agency an estimate of the volumes of gasoline 

17 sold or introduced into commerce in the United 

18 States during the following calendar year. Agen19 cy an estimate, with respect to the following cal20 endar year, of the volumes of gasoline projected 

21 to be sold or introduced into commerce in the 

22 United States.

23 ‘‘(B) DETERMINATION OF APPLICABLE

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

2 November 30 of each of calendar years 

3 2005 through 2011 2012, based on the es4 timate provided under subparagraph (A), 

5 the Administrator of the Environmental 

6 Protection Agency shall determine and 

7 publish in the Federal Register, with re8 spect to the following calendar year, the 

9 renewable fuel obligation that ensures that 

10 the requirements of paragraph (2) are met. 

11 ‘‘(ii) REQUIRED ELEMENTS.—The re12 newable fuel obligation determined for a 

13 calendar year under clause (i) shall—

14 ‘‘(I) be applicable to refineries, 

15 blenders, and importers, as appro16 priate; 

17 ‘‘(II) be expressed in terms of a 

18 volume percentage of gasoline gasoline 

19 sold or introduced into commerce in 

20 the United States; and 

21 ‘‘(III) subject to subparagraph 

22 (C)(i), consist of a single applicable 

23 percentage that applies to all cat24 egories of persons specified in sub25 clause (I). 
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1 ‘‘(C) ADJUSTMENTS.—In determining the 

2 applicable percentage for a calendar year, the 

3 Administrator shall make adjustments—

4 ‘‘(i) to prevent the imposition of re5 dundant obligations on any person speci6 fied in subparagraph (B)(ii)(I); and 

7 ‘‘(ii) to account for the use of renew8 able fuel during the previous calendar year 

9 by small refineries that are exempt under 

10 paragraph (9). 

11 ‘‘(4) CELLULOSIC BIOMASS ETHANOL.—For the 

12 purpose of paragraph (2), 1 gallon of cellulosic bio13 mass ethanol shall be considered to be the equivalent 

14 of 1.5 gallons of renewable fuel. 

15 ‘‘(5) CREDIT PROGRAM.—

16 ‘‘(A) IN GENERAL.—The regulations pro17 mulgated under paragraph (2)(A) shall pro18 vide—

19 ‘‘(i) for the generation of an appro20 priate amount of credits by any person 

21 that refines, blends, or imports gasoline 

22 that contains a quantity of renewable fuel 

23 that is greater than the quantity required 

24 under paragraph (2); 
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1 ‘‘(ii) for the generation of an appro2 priate amount of credits for biodiesel; and 

3 ‘‘(iii) for the generation of credits by 

4 small refineries in accordance with para5 graph (9)(C). 

6 ‘‘(B) USE OF CREDITS.—A person that 

7 generates credits under subparagraph (A) may 

8 use the credits, or transfer all or a portion of 

9 the credits to another person, for the purpose 

10 of complying with paragraph (2). 

11 ‘‘(C) DURATION OF CREDITS.—A credit 

12 generated under this paragraph shall be valid to 

13 show compliance—

14 ‘‘(i) subject to clause (ii), for the cal15 endar year in which the credit was gen16 erated or the following calendar year; or 

17 ‘‘(ii) if the Administrator promulgates 

18 regulations under paragraph (6), for the 

19 calendar year in which the credit was gen20 erated or any of the following 2 calendar 

21 years. 

22 ‘‘(D) INABILITY TO GENERATE OR PUR23 CHASE SUFFICIENT CREDITS.—The regulations 

24 promulgated under paragraph (2)(A) shall in25 clude provisions allowing any person that is un-
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1 able to generate or purchase sufficient credits 

2 to meet the requirements of paragraph (2) to 

3 carry forward a renewable fuel deficit on condi4 tion that the person, in the calendar year fol5 lowing the year in which the renewable fuel def6 icit is created—

7 ‘‘(i) achieves compliance with the re8 newable fuel requirement under paragraph 

9 (2); and 

10 ‘‘(ii) generates or purchases additional 

11 renewable fuel credits to offset the renew12 able fuel deficit of the previous year. 

13 ‘‘(6) SEASONAL VARIATIONS IN RENEWABLE

14 FUEL USE.—

15 ‘‘(A) STUDY.—For each of calendar years 

16 2006 through 2012, the Administrator of the 

17 Energy Information Administration shall con18 duct a study of renewable fuel blending to de19 termine whether there are excessive seasonal 

20 variations in the use of renewable fuel. 

21 ‘‘(B) REGULATION OF EXCESSIVE SEA22 SONAL VARIATIONS.—If, for any calendar year, 

23 the Administrator of the Energy Information 

24 Administration, based on the study under sub25 paragraph (A), makes the determinations speci-
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1 fied in subparagraph (C), the Administrator of 

2 the Environmental Protection Agency shall pro3 mulgate regulations to ensure that 35 percent 

4 or more of the quantity of renewable fuel nec5 essary to meet the requirements of paragraph 

6 (2) is used during each of the 2 periods speci7 fied in subparagraph (D) of each subsequent 

8 calendar year. 

9 ‘‘(C) DETERMINATIONS.—The determina10 tions referred to in subparagraph (B) are 

11 that—

12 ‘‘(i) less than 35 percent of the quan13 tity of renewable fuel necessary to meet the 

14 requirements of paragraph (2) has been 

15 used during 1 of the 2 periods specified in 

16 subparagraph (D) of the calendar year; 

17 and 

18 ‘‘(ii) a pattern of excessive seasonal 

19 variation described in clause (i) will con20 tinue in subsequent calendar years. 

21 ‘‘(D) PERIODS.—The 2 periods referred to 

22 in this paragraph are—

23 ‘‘(i) April through September; and 

24 ‘‘(ii) January through March and Oc25 tober through December. 
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1 ‘‘(E) EXCLUSION.—Renewable fuel blended 

2 or consumed in calendar year 2006 in a State 

3 that has received a waiver under section 209(b) 

4 shall not be included in the study under sub5 paragraph (A). 

6 ‘‘(7) WAIVERS.—

7 ‘‘(A) IN GENERAL.—The Administrator, in 

8 consultation with the Secretary of Agriculture 

9 and the Secretary of Energy, may waive the re10 quirements of paragraph (2) in whole or in part 

11 on petition by 1 or more States by reducing the 

12 national quantity of renewable fuel required 

13 under paragraph (2)—

14 ‘‘(i) based on a determination by the 

15 Administrator, after public notice and op16 portunity for comment, that implementa17 tion of the requirement would severely 

18 harm the economy or environment of a 

19 State, a region, or the United States; or 

20 ‘‘(ii) based on a determination by the 

21 Administrator, after public notice and op22 portunity for comment, that there is an in23 adequate domestic supply or distribution 

24 capacity to meet the requirement. 
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1 ‘‘(B) PETITIONS FOR WAIVERS.—The Ad2 ministrator, in consultation with the Secretary 

3 of Agriculture and the Secretary of Energy, 

4 shall approve or disapprove a State petition for 

5 a waiver of the requirements of paragraph (2) 

6 within 90 days after the date on which the peti7 tion is received by the Administrator. 

8 ‘‘(C) TERMINATION OF WAIVERS.—A waiv9 er granted under subparagraph (A) shall termi10 nate after 1 year, but may be renewed by the 

11 Administrator after consultation with the Sec12 retary of Agriculture and the Secretary of En13 ergy. 

14 ‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF

15 PROGRAM.—

16 ‘‘(A) IN GENERAL.—Not later than 180 

17 days after the date of enactment of this para18 graph, the Secretary of Energy shall conduct 

19 for the Administrator a study assessing whether 

20 the renewable fuel requirement under para21 graph (2) will likely result in significant adverse 

22 impacts on consumers in 2006, on a national, 

23 regional, or State basis. 

24 ‘‘(B) REQUIRED EVALUATIONS.—The 

25 study shall evaluate renewable fuel—
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1 ‘‘(i) supplies and prices; 

2 ‘‘(ii) blendstock supplies; and 

3 ‘‘(iii) supply and distribution system 

4 capabilities. 

5 ‘‘(C) RECOMMENDATIONS BY THE SEC6 RETARY.—Based on the results of the study, 

7 the Secretary of Energy shall make specific rec8 ommendations to the Administrator concerning 

9 waiver of the requirements of paragraph (2), in 

10 whole or in part, to prevent any adverse im11 pacts described in subparagraph (A). 

12 ‘‘(D) WAIVER.—

13 ‘‘(i) IN GENERAL.—Not later than 

14 270 days after the date of enactment of 

15 this paragraph, the Administrator shall, if 

16 and to the extent recommended by the Sec17 retary of Energy under subparagraph (C), 

18 waive, in whole or in part, the renewable 

19 fuel requirement under paragraph (2) by 

20 reducing the national quantity of renew21 able fuel required under paragraph (2) in 

22 calendar year 2006. 

23 ‘‘(ii) NO EFFECT ON WAIVER AUTHOR24 ITY.—Clause (i) does not limit the author25 ity of the Administrator to waive the re-
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1 quirements of paragraph (2) in whole, or 

2 in part, under paragraph (7). 

3 ‘‘(9) SMALL REFINERIES.—

4 ‘‘(A) TEMPORARY EXEMPTION.—

5 ‘‘(i) IN GENERAL.—The requirements 

6 of paragraph (2) shall not apply to small 

7 refineries until calendar year 2011. 

8 ‘‘(ii) EXTENSION OF EXEMPTION.—

9 ‘‘(I) STUDY BY SECRETARY OF

10 ENERGY.—Not later than December 

11 31, 2008, the Secretary of Energy 

12 shall conduct for the Administrator a 

13 study to determine whether compli14 ance with the requirements of para15 graph (2) would impose a dispropor16 tionate economic hardship on small 

17 refineries. 

18 ‘‘(II) EXTENSION OF EXEMP19 TION.—In the case of a small refinery 

20 that the Secretary of Energy deter21 mines under subclause (I) would be 

22 subject to a disproportionate economic 

23 hardship if required to comply with 

24 paragraph (2), the Administrator 

25 shall extend the exemption under 
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1 clause (i) for the small refinery for a 

2 period of not less than 2 additional 

3 years. 

4 ‘‘(B) PETITIONS BASED ON DISPROPOR5 TIONATE ECONOMIC HARDSHIP.—

6 ‘‘(i) EXTENSION OF EXEMPTION.—A 

7 small refinery may at any time petition the 

8 Administrator for an extension of the ex9 emption under subparagraph (A) for the 

10 reason of disproportionate economic hard11 ship. 

12 ‘‘(ii) EVALUATION OF PETITIONS.—In 

13 evaluating a petition under clause (i), the 

14 Administrator, in consultation with the 

15 Secretary of Energy, shall consider the 

16 findings of the study under subparagraph 

17 (A)(ii) and other economic factors. 

18 ‘‘(iii) DEADLINE FOR ACTION ON PE19 TITIONS.—The Administrator shall act on 

20 any petition submitted by a small refinery 

21 for a hardship exemption not later than 90 

22 days after the date of receipt of the peti23 tion. 

24 ‘‘(C) CREDIT PROGRAM.—If a small refin25 ery notifies the Administrator that the small re-
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1 finery waives the exemption under subpara2 graph (A), the regulations promulgated under 

3 paragraph (2)(A) shall provide for the genera4 tion of credits by the small refinery under para5 graph (5) beginning in the calendar year fol6 lowing the date of notification. 

7 ‘‘(D) OPT-IN FOR SMALL REFINERIES.—A 

8 small refinery shall be subject to the require9 ments of paragraph (2) if the small refinery no10 tifies the Administrator that the small refinery 

11 waives the exemption under subparagraph (A). 

12 ‘‘(10) ETHANOL MARKET CONCENTRATION

13 ANALYSIS.—

14 ‘‘(A) ANALYSIS.—

15 ‘‘(i) IN GENERAL.—Not later than 

16 180 days after the date of enactment of 

17 this paragraph, and annually thereafter, 

18 the Federal Trade Commission shall per19 form a market concentration analysis of 

20 the ethanol production industry using the 

21 Herfindahl-Hirschman Index to determine 

22 whether there is sufficient competition 

23 among industry participants to avoid price24 setting and other anticompetitive behavior. 
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1 ‘‘(ii) SCORING.—For the purpose of 

2 scoring under clause (i) using the 

3 Herfindahl-Hirschman Index, all mar4 keting arrangements among industry par5 ticipants shall be considered. 

6 ‘‘(B) REPORT.—Not later than December 

7 1, 2005, and annually thereafter, the Federal 

8 Trade Commission shall submit to Congress 

9 and the Administrator a report on the results 

10 of the market concentration analysis performed 

11 under subparagraph (A)(i). 

12 ‘‘(p) RENEWABLE FUEL SAFE HARBOR.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) SAFE HARBOR.—Notwithstanding 

15 any other provision of Federal or State law, no 

16 renewable fuel (as defined in subsection (o)(1)) 

17 used or intended to be used as a motor vehicle 

18 fuel, nor any motor vehicle fuel containing re19 newable fuel, shall be deemed to be defective in 

20 design or manufacture by reason of the fact 

21 that the fuel is, or contains, renewable fuel, if—

22 ‘‘(i) the fuel does not violate a control 

23 or prohibition imposed by the Adminis24 trator under this section; and 
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1 ‘‘(ii) the manufacturer of the fuel is in 

2 compliance with all requests for informa3 tion under subsection (b). 

4 ‘‘(B) SAFE HARBOR NOT APPLICABLE.—In 

5 any case in which subparagraph (A) does not 

6 apply to a quantity of fuel, the existence of a 

7 design defect or manufacturing defect with re8 spect to the fuel shall be determined under oth9 erwise applicable law. 

10 ‘‘(2) EXCEPTION.—This subsection does not 

11 apply to ethers. 

12 ‘‘(3) APPLICABILITY.—This subsection applies 

13 with respect to all claims filed on or after the date 

14 of enactment of this subsection.’’. 

15 (b) PENALTIES AND ENFORCEMENT.—Section 

16 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is 

17 amended—

18 (1) in paragraph (1)—

19 (A) in the first sentence, by striking ‘‘or 

20 (n)’’ each place it appears and inserting ‘‘(n), 

21 or (o)’’; and 

22 (B) in the second sentence, by striking ‘‘or 

23 (m)’’ and inserting ‘‘(m), or (o)’’; and 
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1 (2) in the first sentence of paragraph (2), by 

2 striking ‘‘and (n)’’ each place it appears and insert3 ing ‘‘(n), and (o)’’. 

4 (c) EXCLUSION FROM ETHANOL WAIVER.—Section 

5 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 

6 amended—

7 (1) by redesignating paragraph (5) as para8 graph (6); and 

9 (2) by inserting after paragraph (4) the fol10 lowing: 

11 ‘‘(5) EXCLUSION FROM ETHANOL WAIVER.—

12 ‘‘(A) PROMULGATION OF REGULATIONS.—

13 Upon notification, accompanied by supporting 

14 documentation, from the Governor of a State 

15 that the Reid vapor pressure limitation estab16 lished by paragraph (4) will increase emissions 

17 that contribute to air pollution in any area in 

18 the State, the Administrator shall, by regula19 tion, apply, in lieu of the Reid vapor pressure 

20 limitation established by paragraph (4), the 

21 Reid vapor pressure limitation established by 

22 paragraph (1) to all fuel blends containing gas23 oline and 10 percent denatured anhydrous eth24 anol that are sold, offered for sale, dispensed, 

25 supplied, offered for supply, transported, or in-
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1 troduced into commerce in the area during the 

2 high ozone season. 

3 ‘‘(B) DEADLINE FOR PROMULGATION.—

4 The Administrator shall promulgate regulations 

5 under subparagraph (A) not later than 90 days 

6 after the date of receipt of a notification from 

7 a Governor under that subparagraph. 

8 ‘‘(C) EFFECTIVE DATE.—

9 ‘‘(i) IN GENERAL.—With respect to an 

10 area in a State for which the Governor 

11 submits a notification under subparagraph 

12 (A), the regulations under that subpara13 graph shall take effect on the later of—

14 ‘‘(I) the first day of the first high 

15 ozone season for the area that begins 

16 after the date of receipt of the notifi17 cation; or 

18 ‘‘(II) 1 year after the date of re19 ceipt of the notification. 

20 ‘‘(ii) EXTENSION OF EFFECTIVE DATE

21 BASED ON DETERMINATION OF INSUFFI22 CIENT SUPPLY.—

23 ‘‘(I) IN GENERAL.—If, after re24 ceipt of a notification with respect to 

25 an area from a Governor of a State 
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1 under subparagraph (A), the Adminis2 trator determines, on the Administra3 tor’s own motion or on petition of any 

4 person and after consultation with the 

5 Secretary of Energy, that the promul6 gation of regulations described in sub7 paragraph (A) would result in an in8 sufficient supply of gasoline in the 

9 State, the Administrator, by regula10 tion—

11 ‘‘(aa) shall extend the effec12 tive date of the regulations under 

13 clause (i) with respect to the area 

14 for not more than 1 year; and 

15 ‘‘(bb) may renew the exten16 sion under item (aa) for 2 addi17 tional periods, each of which 

18 shall not exceed 1 year. 

19 ‘‘(II) DEADLINE FOR ACTION ON

20 PETITIONS.—The Administrator shall 

21 act on any petition submitted under 

22 subclause (I) not later than 180 days 

23 after the date of receipt of the peti24 tion.’’. 
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1 SEC. 102. RENEWABLE FUEL. 

2 (a) IN GENERAL.—The Clean Air Act is amended by 

3 inserting after section 211 (42 U.S.C. 7411) the following: 

4 ‘‘SEC. 212. RENEWABLE FUEL. 

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

6 ‘‘(1) MUNICIPAL SOLID WASTE.—The term 

7 ‘municipal solid waste’ has the meaning given the 

8 term ‘solid waste’ in section 1004 of the Solid Waste 

9 Disposal Act (42 U.S.C. 6903). 

10 ‘‘(2) RFG STATE.—The term ‘RFG State’ 

11 means a State in which is located 1 or more covered 

12 areas (as defined in section 211(k)(10)(D)). 

13 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of Energy. 

15 ‘‘(b) SURVEY OF RENEWABLE FUEL MARKET.—

16 ‘‘(1) SURVEY AND REPORT.—Not later than 

17 December 1, 2006, and annually thereafter, the Ad18 ministrator shall—

19 ‘‘(A) conduct, with respect to each conven20 tional gasoline use area and each reformulated 

21 gasoline use area in each State, a survey to de22 termine the market shares of—

23 ‘‘(i) conventional gasoline containing 

24 ethanol; 

25 ‘‘(ii) reformulated gasoline containing 

26 ethanol; 
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1 ‘‘(iii) conventional gasoline containing 

2 renewable fuel; and 

3 ‘‘(iv) reformulated gasoline containing 

4 renewable fuel; and 

5 ‘‘(B) submit to Congress, and make pub6 licly available, a report on the results of the 

7 survey under subparagraph (A). 

8 ‘‘(2) RECORDKEEPING AND REPORTING RE9 QUIREMENTS.—

10 ‘‘(A) IN GENERAL.—The Administrator 

11 may require any refiner, blender, or importer to 

12 keep such records and make such reports as are 

13 necessary to ensure that the survey conducted 

14 under paragraph (1) is accurate. 

15 ‘‘(B) RELIANCE ON EXISTING REQUIRE16 MENTS.—To avoid duplicative requirements, in 

17 carrying out subparagraph (A), the Adminis18 trator shall rely, to the maximum extent prac19 ticable, on reporting and recordkeeping require20 ments in effect on the date of enactment of this 

21 section. 

22 ‘‘(3) CONFIDENTIALITY.—Activities carried out 

23 under this subsection shall be conducted in a man24 ner designed to protect confidentiality of individual 

25 responses. 
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1 ‘‘(c) COMMERCIAL BYPRODUCTS FROM CELLULOSIC

2 BIOMASS ETHANOL AND MUNICIPAL SOLID WASTE LOAN

3 GUARANTEE PROGRAM.—

4 ‘‘(1) IN GENERAL.—In addition to amounts ap5 propriated or otherwise made available by this Act 

6 or any other Act, $—————— shall be provided 

7 until expended (1) IN GENERAL.—Funds may be pro8 vided for the cost (as defined in the Federal Credit 

9 Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan 

10 guarantees issued under section 19 of the Federal 

11 Nonnuclear Energy Research and Development Act 

12 of 1974 (42 U.S.C. 5919) to carry out celluosic bio13 mass commercial demonstration projects. 

14 ‘‘(2) DEMONSTRATION PROJECTS.—

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 issue loan guarantees under this section to 

17 carry out not more than 3 4 projects to com18 mercially demonstrate the feasibility and viabil19 ity of converting celluosic biomass derived from 

20 agricultural residue such as corn stover or 

21 straw (including at least 1 project that uses ce22 real straw as a feedstock or municipal solid 

23 waste) into ethanol. producing cellulosic biomass 

24 ethanol, including at least 1 project that uses ce-
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1 real straw as a feedstock and 1 project that uses 

2 municipal solid waste as a feedstock.

3 ‘‘(B) DESIGN CAPACITY.—Each project 

4 shall have a design capacity to produce at least 

5 30,000,000 gallons of cellulose cellulosic bio6 mass ethanol each year. 

7 ‘‘(3) APPLICANT ASSURANCES.—An applicant 

8 for a loan guarantee under this section shall provide 

9 assurances, satisfactory to the Secretary, that—

10 ‘‘(A) the project design has been validated 

11 through the operation of a continuous process 

12 facility with a cumulative output of at least 

13 50,000 gallons of ethanol; 

14 ‘‘(B) the project has been subject to a full 

15 technical review; 

16 ‘‘(C) the project is covered by adequate 

17 project performance guarantees; 

18 ‘‘(D) the project, with the loan guarantee, 

19 is economically viable; and 

20 ‘‘(E) there is a reasonable assurance of re21 payment of the guaranteed loan. 

22 ‘‘(4) LIMITATIONS.—

23 ‘‘(A) MAXIMUM GUARANTEE.—Except as 

24 provided in subparagraph (B), notwithstanding 

25 section 19(c)(2)(A) of the Federal Nonnuclear 
28

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1 Energy Research and Development Act of 1974 

2 (42 U.S.C. 5919(c)(2)(A)), a loan guarantee 

3 under this section may be issued for up to 80 

4 percent of the estimated cost of a project, but 

5 may not exceed $250,000,000 for a project. 

6 ‘‘(B) ADDITIONAL GUARANTEES.—

7 ‘‘(i) IN GENERAL.—The Secretary 

8 may issue additional loan guarantees for a 

9 project to cover up to 80 percent of the ex10 cess of actual project cost over estimated 

11 project cost but not to exceed 15 percent 

12 of the amount of the original guarantee. 

13 ‘‘(ii) PRINCIPAL AND INTEREST.—

14 Subject to subparagraph (A), the Secretary 

15 shall guarantee 100 percent of the prin16 cipal and interest of a loan made under 

17 subparagraph (A). 

18 ‘‘(5) EQUITY CONTRIBUTIONS.—To be eligible 

19 for a loan guarantee under this section, an applicant 

20 for the loan guarantee shall have binding commit21 ments from equity investors to provide an initial eq22 uity contribution of at least 20 percent of the total 

23 project cost. 
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1 ‘‘(6) EFFECT OF OTHER LAWS.—The following 

2 provisions are inapplicable to a loan guarantee made 

3 under this section: 

4 ‘‘(A) Subsections (m) and (p) of section 19 

5 of the Federal Nonnuclear Energy Research 

6 and Development Act of 1974 (42 U.S.C. 

7 5919). 

8 ‘‘(B) The first, third, and fourth sentences 

9 of section 19(g)(4) of that Act. 

10 ‘‘(7) INSUFFICIENT AMOUNTS.—If the amount 

11 made available to carry out this section is insuffi12 cient to allow the Secretary to make loan guarantees 

13 for 3 projects described in subsection (b), the Sec14 retary shall issue loan guarantees for 1 or more 

15 qualifying projects under this section in the order in 

16 which the applications for the projects are received 

17 by the Secretary. 

18 ‘‘(8) APPROVAL.—An application for a loan 

19 guarantee under this section shall be approved or 

20 disapproved by the Secretary not later than 90 days 

21 after the application is received by the Secretary. 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR RE23 SOURCE CENTER.—There is authorized to be appro24 priated, for a resource center to further develop bioconver25 sion technology using low-cost biomass for the production 
30

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1 of ethanol at the Center for Biomass-Based Energy at the 

2 University of Mississippi and the University of Oklahoma, 

3 $4,000,000 for each of fiscal years 2004 through 2006 

4 2005 through 2007. 

5 ‘‘(e) RENEWABLE FUEL PRODUCTION RESEARCH

6 AND DEVELOPMENT GRANTS.—

7 ‘‘(1) IN GENERAL.—The Administrator shall 

8 provide grants for the research into, and develop9 ment and implementation of, renewable fuel produc10 tion technologies in RFG States with low rates of 

11 ethanol production, including low rates of production 

12 of cellulosic biomass ethanol. 

13 ‘‘(2) ELIGIBILITY.—

14 ‘‘(A) IN GENERAL.—The entities eligible to 

15 receive a grant under this subsection are aca16 demic institutions in RFG States, and consortia 

17 made up of combinations of academic institu18 tions, industry, State government agencies, or 

19 local government agencies in RFG States, that 

20 have proven experience and capabilities with 

21 relevant technologies. 

22 ‘‘(B) APPLICATION.—To be eligible to re23 ceive a grant under this subsection, an eligible 

24 entity shall submit to the Administrator an ap25 plication in such manner and form, and accom-
31

•S 606 RS 

1 panied by such information, as the Adminis2 trator may specify. 

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated to carry out 

5 this subsection $25,000,000 for each of fiscal years 

6 2006 through 2010. 

7 ‘‘(f) CELLULOSIC BIOMASS ETHANOL CONVERSION

8 ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—The Secretary may provide 

10 grants to merchant producers of cellulosic biomass 

11 ethanol in the United States to assist the producers 

12 in building eligible production facilities described in 

13 paragraph (2) for the production of cellulosic bio14 mass ethanol. 

15 ‘‘(2) ELIGIBLE PRODUCTION FACILITIES.—A 

16 production facility shall be eligible to receive a grant 

17 under this subsection if the production facility—

18 ‘‘(A) is located in the United States; and 

19 ‘‘(B) uses cellulosic biomass feedstocks de20 rived from agricultural residues or municipal 

21 solid waste. 

22 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

23 There is authorized to be appropriated to carry out 

24 this subsection—
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1 ‘‘(A) $250,000,000 for fiscal year 2005; 

2 and 

3 ‘‘(B) $400,000,000 for fiscal year 2006.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for the Clean Air Act (42 U.S.C. 7401 prec.) is 

6 amended by inserting after the item relating to section 

7 211 the following:

‘‘Sec. 212. Renewable fuels’’.

8 SEC. 103. SURVEY OF RENEWABLE FUELS CONSUMPTION. 

9 Section 205 of the Department of Energy Organiza10 tion Act (42 U.S.C. 7135) is amended by adding at the 

11 end the following: 

12 ‘‘(m) SURVEY OF RENEWABLE FUELS CONSUMP13 TION.—

14 ‘‘(1) IN GENERAL.—In order to improve the 

15 ability to evaluate the effectiveness of the Nation’s 

16 renewable fuels mandate, the Administrator shall 

17 conduct and publish the results of a survey of renew18 able fuels consumption in the motor vehicle fuels 

19 market in the United States monthly, and in a man20 ner designed to protect the confidentiality of indi21 vidual responses. 

22 ‘‘(2) ELEMENTS OF SURVEY.—In conducting 

23 the survey, the Administrator shall collect informa24 tion retrospectively to 1998, on a national basis and 

25 a regional basis, including—
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1 ‘‘(A) the quantity of renewable fuels pro2 duced; 

3 ‘‘(B) the cost of production; 

4 ‘‘(C) the cost of blending and marketing; 

5 ‘‘(D) the quantity of renewable fuels blend6 ed; 

7 ‘‘(E) the quantity of renewable fuels im8 ported; and 

9 ‘‘(F) market price data.’’. 

10 TITLE II—FEDERAL 

11 REFORMULATED FUELS 

12 SEC. 201. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Federal Reformu14 lated Fuels Act of 2005’’. 

15 SEC. 202. LEAKING UNDERGROUND STORAGE TANKS. 

16 (a) USE OF LUST FUNDS FOR REMEDIATION OF

17 CONTAMINATION FROM ETHER FUEL ADDITIVES.—Sec18 tion 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 

19 6991b(h)) is amended—

20 (1) in paragraph (7)(A)—

21 (A) by striking ‘‘paragraphs (1) and (2) of 

22 this subsection’’ and inserting ‘‘paragraphs (1), 

23 (2), and (12)’’; and 

24 (B) by inserting ‘‘and section 9010’’ before 

25 ‘‘if’’; and 
34

•S 606 RS 

1 (2) by adding at the end the following: 

2 ‘‘(12) REMEDIATION OF CONTAMINATION FROM

3 ETHER FUEL ADDITIVES.—

4 ‘‘(A) IN GENERAL.—The Administrator 

5 and the States may use funds made available 

6 under section 9013(1) to carry out corrective 

7 actions with respect to a release of methyl ter8 tiary butyl ether or other ether fuel additive 

9 that presents a threat to human health, welfare, 

10 or the environment. 

11 ‘‘(B) APPLICABLE AUTHORITY.—Subpara12 graph (A) shall be carried out—

13 ‘‘(i) in accordance with paragraph (2), 

14 except that a release with respect to which 

15 a corrective action is carried out under 

16 subparagraph (A) shall not be required to 

17 be from an underground storage tank; and 

18 ‘‘(ii) in the case of a State, in accord19 ance with a cooperative agreement entered 

20 into by the Administrator and the State 

21 under paragraph (7).’’. 

22 (b) RELEASE PREVENTION AND COMPLIANCE.—Sub23 title I of the Solid Waste Disposal Act (42 U.S.C. 6991 

24 et seq.) is amended by striking section 9010 and inserting 

25 the following: 
35

•S 606 RS 

1 ‘‘SEC. 9010. RELEASE PREVENTION AND COMPLIANCE. 

2 ‘‘Funds made available under section 9013(2) from 

3 the Leaking Underground Storage Tank Trust Fund may 

4 be used for conducting inspections, or for issuing orders 

5 or bringing actions under this subtitle—

6 ‘‘(1) by a State (pursuant to section 

7 9003(h)(7)) acting under—

8 ‘‘(A) a program approved under section 

9 9004; or 

10 ‘‘(B) State requirements regulating under11 ground storage tanks that are similar or iden12 tical to this subtitle, as determined by the Ad13 ministrator; and 

14 ‘‘(2) by the Administrator, acting under this 

15 subtitle or a State program approved under section 

16 9004. 

17 ‘‘SEC. 9011. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘In addition to amounts made available under section 

19 2007(f), there are authorized to be appropriated from the 

20 Leaking Underground Storage Tank Trust Fund, notwith21 standing section 9508(c)(1) of the Internal Revenue Code 

22 of 1986—

23 ‘‘(1) to carry out section 9003(h)(12), 

24 $200,000,000 for fiscal year 2005, to remain avail25 able until expended; and
36

•S 606 RS 

1 ‘‘(2) to carry out section 9010, $30,000,000 for 

2 each of fiscal years 2005 through 2009.’’.

3 ‘‘(2) to carry out section 9010—

4 ‘‘(A) $50,000,000 for fiscal year 2005; and 

5 ‘‘(B) $30,000,000 for fiscal years 2006 

6 through 2010.’’.

7 (c) TECHNICAL AMENDMENTS.—

8 (1) Section 1001 of the Solid Waste Disposal 

9 Act (42 U.S.C. prec. 6901) is amended by striking 

10 the item relating to section 9010 and inserting the 

11 following:

‘‘Sec. 9010. Release prevention and compliance. 

‘‘Sec. 9011. Authorization of appropriations.’’.

12 (2) Section 9001(3)(A) of the Solid Waste Dis13 posal Act (42 U.S.C. 6991(3)(A)) is amended by 

14 striking ‘‘sustances’’ and inserting ‘‘substances’’. 

15 (3) Section 9003(f)(1) of the Solid Waste Dis16 posal Act (42 U.S.C. 6991b(f)(1)) is amended by 

17 striking ‘‘subsection (c) and (d) of this section’’ and 

18 inserting ‘‘subsections (c) and (d)’’. 

19 (4) Section 9004(a) of the Solid Waste Disposal 

20 Act (42 U.S.C. 6991c(a)) is amended in the second 

21 sentence by striking ‘‘referred to’’ and all that fol22 lows and inserting ‘‘referred to in subparagraph (A) 

23 or (B), or both, of section 9001(2).’’. 
37

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1 (5) Section 9005 of the Solid Waste Disposal 

2 Act (42 U.S.C. 6991d) is amended—

3 (A) in subsection (a), by striking ‘‘study 

4 taking’’ and inserting ‘‘study, taking’’; 

5 (B) in subsection (b)(1), by striking 

6 ‘‘relevent’’ and inserting ‘‘relevant’’; and 

7 (C) in subsection (b)(4), by striking 

8 ‘‘Evironmental’’ and inserting ‘‘Environ9 mental’’. 

10 SEC. 203. RESTRICTIONS ON THE USE OF MTBE. 

11 (a) FINDINGS.—Congress finds that—

12 (1) since 1979, methyl tertiary butyl ether (re13 ferred to in this section as ‘‘MTBE’’) has been used 

14 nationwide at low levels in gasoline to replace lead 

15 as an octane booster or anti-knocking agent; 

16 (2) Public Law 101–549 (commonly known as 

17 the ‘‘Clean Air Act Amendments of 1990’’) (42 

18 U.S.C. 7401 et seq.) established a fuel oxygenate 

19 standard under which reformulated gasoline must 

20 contain at least 2 percent oxygen by weight; 

21 (3) at the time of the adoption of the fuel oxy22 genate standard, Congress was aware that—

23 (A) significant use of MTBE could result 

24 from the adoption of that standard; and 
38

•S 606 RS 

1 (B) the use of MTBE would likely be im2 portant to the cost-effective implementation of 

3 that standard; 

4 (4) Congress is aware that gasoline and its 

5 component additives have leaked from storage tanks, 

6 with consequences for water quality; 

7 (5) the fuel industry responded to the fuel oxy8 genate standard established by Public Law 101–549 

9 by making substantial investments in—

10 (A) MTBE production capacity; and 

11 (B) systems to deliver MTBE-containing 

12 gasoline to the marketplace; 

13 (6) when leaked or spilled into the environment, 

14 MTBE may cause serious problems of drinking 

15 water quality; 

16 (7) in recent years, MTBE has been detected in 

17 water sources throughout the United States; 

18 (8) MTBE can be detected by smell and taste 

19 at low concentrations; 

20 (9) while small quantities of MTBE can render 

21 water supplies unpalatable, the precise human health 

22 effects of MTBE consumption at low levels are yet 

23 unknown as of the date of enactment of this Act; 

24 (10) in the report entitled ‘‘Achieving Clean Air 

25 and Clean Water: The Report of the Blue Ribbon 
39

•S 606 RS 

1 Panel on Oxygenates in Gasoline’’ and dated Sep2 tember 1999, Congress was urged—

3 (A) to eliminate the fuel oxygenate stand4 ard; 

5 (B) to greatly reduce use of MTBE; and 

6 (C) to maintain the environmental per7 formance of reformulated gasoline; 

8 (11) Congress has—

9 (A) reconsidered the relative value of 

10 MTBE in gasoline; and 

11 (B) decided to eliminate use of MTBE as 

12 a fuel additive; 

13 (12) the timeline for elimination of use of 

14 MTBE as a fuel additive must be established in a 

15 manner that achieves an appropriate balance among 

16 the goals of—

17 (A) environmental protection; 

18 (B) adequate energy supply; and 

19 (C) reasonable fuel prices; and 

20 (13) it is appropriate for Congress to provide 

21 some limited transition assistance—

22 (A) to merchant producers of MTBE who 

23 produced MTBE in response to a market cre24 ated by the oxygenate requirement contained in 

25 the Clean Air Act (42 U.S.C. 7401 et seq.); and 
40

•S 606 RS 

1 (B) for the purpose of mitigating any fuel 

2 supply problems that may result from elimi3 nation of a widely-used fuel additive. 

4 (b) PURPOSES.—The purposes of this section are—

5 (1) to eliminate use of MTBE as a fuel oxygen6 ate; and 

7 (2) to provide assistance to merchant producers 

8 of MTBE in making the transition from producing 

9 MTBE to producing other fuel additives. 

10 (c) AUTHORITY FOR WATER QUALITY PROTECTION

11 FROM FUELS.—Section 211(c) of the Clean Air Act (42 

12 U.S.C. 7545(c)) is amended—

13 (1) in paragraph (1)(A)—

14 (A) by inserting ‘‘fuel or fuel additive or’’ 

15 after ‘‘Administrator any’’; and 

16 (B) by striking ‘‘air pollution which’’ and 

17 inserting ‘‘air pollution, or water pollution, 

18 that’’; 

19 (2) in paragraph (4)(B), by inserting ‘‘or water 

20 quality protection,’’ after ‘‘emission control,’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(5) RESTRICTIONS ON USE OF MTBE.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (E), not later than 4 years after the date 

25 of enactment of this paragraph, the use of 
41

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1 methyl tertiary butyl ether in motor vehicle fuel 

2 in any State other than a State described in 

3 subparagraph (C) is prohibited. 

4 ‘‘(B) REGULATIONS.—The Administrator 

5 shall promulgate regulations to effect the prohi6 bition in subparagraph (A). 

7 ‘‘(C) STATES THAT AUTHORIZE USE.—A 

8 State described in this subparagraph is a State 

9 that submits to the Administrator a notice that 

10 the State authorizes use of methyl tertiary 

11 butyl ether in motor vehicle fuel sold or used in 

12 the State. 

13 ‘‘(D) PUBLICATION OF NOTICE.—The Ad14 ministrator shall publish in the Federal Reg15 ister each notice submitted by a State under 

16 subparagraph (C). 

17 ‘‘(E) TRACE QUANTITIES.—In carrying out 

18 subparagraph (A), the Administrator may allow 

19 trace quantities of methyl tertiary butyl ether, 

20 not to exceed 0.5 percent by volume, to be 

21 present in motor vehicle fuel in cases that the 

22 Administrator determines to be appropriate. 

23 ‘‘(6) MTBE MERCHANT PRODUCER CONVER24 SION ASSISTANCE.—

25 ‘‘(A) IN GENERAL.—
42

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1 ‘‘(i) GRANTS.—The Secretary of En2 ergy, in consultation with the Adminis3 trator, may make grants to merchant pro4 ducers of methyl tertiary butyl ether in the 

5 United States to assist the producers in 

6 the conversion of eligible production facili7 ties described in subparagraph (C) to the 

8 production of—

9 ‘‘(I) iso-octane or alkylates, un10 less the Administrator, in consultation 

11 with the Secretary of Energy, deter12 mines that transition assistance for 

13 the production of iso-octane or 

14 alkylates is inconsistent with the cri15 teria specified in subparagraph (B); 

16 and 

17 ‘‘(II) any other fuel additive that 

18 meets the criteria specified in sub19 paragraph (B). 

20 ‘‘(B) CRITERIA.—The criteria referred to 

21 in subparagraph (A) are that—

22 ‘‘(i) use of the fuel additive is con23 sistent with this subsection; 

24 ‘‘(ii) the Administrator has not deter25 mined that the fuel additive may reason-
43

•S 606 RS 

1 ably be anticipated to endanger public 

2 health or the environment; 

3 ‘‘(iii) the fuel additive has been reg4 istered and tested, or is being tested, in ac5 cordance with the requirements of this sec6 tion; and 

7 ‘‘(iv) the fuel additive will contribute 

8 to replacing quantities of motor vehicle fuel 

9 rendered unavailable as a result of para10 graph (5). 

11 ‘‘(C) ELIGIBLE PRODUCTION FACILI12 TIES.—A production facility shall be eligible to 

13 receive a grant under this paragraph if the pro14 duction facility—

15 ‘‘(i) is located in the United States; 

16 and 

17 ‘‘(ii) produced methyl tertiary butyl 

18 ether for consumption in nonattainment 

19 areas during the period—

20 ‘‘(I) beginning on the date of en21 actment of this paragraph; and 

22 ‘‘(II) ending on the effective date 

23 of the prohibition on the use of methyl 

24 tertiary butyl ether under paragraph 

25 (5). 
44

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1 ‘‘(D) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to carry out this paragraph $250,000,000 for 

4 each of fiscal years 2005 through 2008.’’. 

5 (d) NO EFFECT ON LAW CONCERNING STATE AU6 THORITY.—The amendments made by subsection (c) have 

7 no effect on the law in effect on the day before the date 

8 of enactment of this Act concerning the authority of 

9 States to limit the use of methyl tertiary butyl ether in 

10 motor vehicle fuel. 

11 SEC. 204. ELIMINATION OF OXYGEN CONTENT REQUIRE12 MENT FOR REFORMULATED GASOLINE. 

13 (a) ELIMINATION.—

14 (1) IN GENERAL.—Section 211(k) of the Clean 

15 Air Act (42 U.S.C. 7545(k)) is amended—

16 (A) in paragraph (2)—

17 (i) in the second sentence of subpara18 graph (A), by striking ‘‘(including the oxy19 gen content requirement contained in sub20 paragraph (B))’’; 

21 (ii) by striking subparagraph (B); and 

22 (iii) by redesignating subparagraphs 

23 (C) and (D) as subparagraphs (B) and 

24 (C), respectively; 
45

•S 606 RS 

1 (B) in paragraph (3)(A), by striking clause 

2 (v); and 

3 (C) in paragraph (7)—

4 (i) in subparagraph (A)—

5 (I) by striking clause (i); and 

6 (II) by redesignating clauses (ii) 

7 and (iii) as clauses (i) and (ii), respec8 tively; and 

9 (ii) in subparagraph (C)—

10 (I) by striking clause (ii); and 

11 (II) by redesignating clause (iii) 

12 as clause (ii). 

13 (2) APPLICABILITY.—The amendments made 

14 by paragraph (1) apply—

15 (A) in the case of a State that has received 

16 a waiver under section 209(b) of the Clean Air 

17 Act (42 U.S.C. 7543(b)), beginning on the date 

18 of enactment of this Act; and 

19 (B) in the case of any other State, begin20 ning 270 days after the date of enactment of 

21 this Act. 

22 (b) MAINTENANCE OF TOXIC AIR POLLUTANT EMIS23 SION REDUCTIONS.—Section 211(k)(1) of the Clean Air 

24 Act (42 U.S.C. 7545(k)(1)) is amended—
46

•S 606 RS 

1 (1) by striking ‘‘Within 1 year after the enact2 ment of the Clean Air Act Amendments of 1990,’’ 

3 and inserting the following: 

4 ‘‘(A) IN GENERAL.—Not later than No5 vember 15, 1991,’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(B) MAINTENANCE OF TOXIC AIR POL8 LUTANT EMISSIONS REDUCTIONS FROM REFOR9 MULATED GASOLINE.—

10 ‘‘(i) DEFINITION OF PADD.—In this 

11 subparagraph the term ‘PADD’ means a 

12 Petroleum Administration for Defense Dis13 trict. 

14 ‘‘(ii) REGULATIONS CONCERNING

15 EMISSIONS OF TOXIC AIR POLLUTANTS.—

16 Not later than 270 days after the date of 

17 enactment of this subparagraph, the Ad18 ministrator shall establish by regulation, 

19 for each refinery or importer (other than a 

20 refiner or importer in a State that has re21 ceived a waiver under section 209(b) with 

22 respect to gasoline produced for use in that 

23 State), standards for toxic air pollutants 

24 from use of the reformulated gasoline pro25 duced or distributed by the refiner or im-
47

•S 606 RS 

1 porter that maintain the reduction of the 

2 average annual aggregate emissions of 

3 toxic air pollutants for reformulated gaso4 line produced or distributed by the refiner 

5 or importer during calendar years 1999 

6 and 2000 (as determined on the basis of 

7 data collected by the Administrator with 

8 respect to the refiner or importer). 

9 ‘‘(iii) STANDARDS APPLICABLE TO

10 SPECIFIC REFINERIES OR IMPORTERS.—

11 ‘‘(I) APPLICABILITY OF STAND12 ARDS.—For any calendar year, the 

13 standards applicable to a refiner or 

14 importer under clause (ii) shall apply 

15 to the quantity of gasoline produced 

16 or distributed by the refiner or im17 porter in the calendar year only to the 

18 extent that the quantity is less than 

19 or equal to the average annual quan20 tity of reformulated gasoline produced 

21 or distributed by the refiner or im22 porter during calendar years 1999 

23 and 2000. 

24 ‘‘(II) APPLICABILITY OF OTHER

25 STANDARDS.—For any calendar year, 
48

•S 606 RS 

1 the quantity of gasoline produced or 

2 distributed by a refiner or importer 

3 that is in excess of the quantity sub4 ject to subclause (I) shall be subject 

5 to standards for emissions of toxic air 

6 pollutants promulgated under sub7 paragraph (A) and paragraph (3)(B). 

8 ‘‘(iv) CREDIT PROGRAM.—The Admin9 istrator shall provide for the granting and 

10 use of credits for emissions of toxic air pol11 lutants in the same manner as provided in 

12 paragraph (7). 

13 ‘‘(v) REGIONAL PROTECTION OF

14 TOXICS REDUCTION BASELINES.—

15 ‘‘(I) IN GENERAL.—Not later 

16 than 60 days after the date of enact17 ment of this subparagraph, and not 

18 later than April 1 of each calendar 

19 year that begins after that date of en20 actment, the Administrator shall pub21 lish in the Federal Register a report 

22 that specifies, with respect to the pre23 vious calendar year—

24 ‘‘(aa) the quantity of refor25 mulated gasoline produced that is 
49

•S 606 RS 

1 in excess of the average annual 

2 quantity of reformulated gasoline 

3 produced in 1999 and 2000; and 

4 ‘‘(bb) the reduction of the 

5 average annual aggregate emis6 sions of toxic air pollutants in 

7 each PADD, based on retail sur8 vey data or data from other ap9 propriate sources. 

10 ‘‘(II) EFFECT OF FAILURE TO

11 MAINTAIN AGGREGATE TOXICS RE12 DUCTIONS.—If, in any calendar year, 

13 the reduction of the average annual 

14 aggregate emissions of toxic air pol15 lutants in a PADD fails to meet or 

16 exceed the reduction of the average 

17 annual aggregate emissions of toxic 

18 air pollutants in the PADD in cal19 endar years 1999 and 2000, the Ad20 ministrator, not later than 90 days 

21 after the date of publication of the re22 port for the calendar year under sub23 clause (I), shall—

24 ‘‘(aa) identify, to the max25 imum extent practicable, the rea-
50

•S 606 RS 

1 sons for the failure, including the 

2 sources, volumes, and character3 istics of reformulated gasoline 

4 that contributed to the failure; 

5 and 

6 ‘‘(bb) promulgate revisions 

7 to the regulations promulgated 

8 under clause (ii), to take effect 

9 not earlier than 180 days but not 

10 later than 270 days after the 

11 date of promulgation, to provide 

12 that, notwithstanding clause 

13 (iii)(II), all reformulated gasoline 

14 produced or distributed at each 

15 refiner or importer shall meet the 

16 standards applicable under clause 

17 (iii)(I) beginning not later than 

18 April 1 of the calendar year fol19 lowing publication of the report 

20 under subclause (I) and in each 

21 calendar year thereafter. 

22 ‘‘(vi) REGULATIONS TO CONTROL

23 HAZARDOUS AIR POLLUTANTS FROM

24 MOTOR VEHICLES AND MOTOR VEHICLE

25 FUELS.—Not later than July 1, 2005, the 
51

•S 606 RS 

1 Administrator shall promulgate final regu2 lations to control hazardous air pollutants 

3 from motor vehicles and motor vehicle 

4 fuels, as provided for in section 80.1045 of 

5 title 40, Code of Federal Regulations (as 

6 in effect on the date of enactment of this 

7 subparagraph).’’. 

8 (c) COMMINGLING.—

9 (1) IN GENERAL.—Section 211(k) of the Clean 

10 Air Act (42 U.S.C. 7545(k)) is amended by adding 

11 at the end the following: 

12 ‘‘(11) COMMINGLING.—The regulations under 

13 paragraph (1) shall permit the commingling at a re14 tail station of reformulated gasoline containing eth15 anol and reformulated gasoline that does not contain 

16 ethanol if, each time such commingling occurs—

17 ‘‘(A) the retailer notifies the Administrator 

18 before the commingling, identifying the exact 

19 location of the retail station and the specific 

20 tank in which the commingling will take place; 

21 and 

22 ‘‘(B) the retailer certifies that the reformu23 lated gasoline resulting from the commingling 

24 will meet all applicable requirements for refor-
52

•S 606 RS 

1 mulated gasoline, including content and emis2 sion performance standards.’’. 

3 (d) CONSOLIDATION IN REFORMULATED GASOLINE

4 REGULATIONS.—Not later than 180 days after the date 

5 of enactment of this Act, the Administrator of the Envi6 ronmental Protection Agency shall revise the reformulated 

7 gasoline regulations under subpart D of part 80 of title 

8 40, Code of Federal Regulations, to consolidate the regula9 tions applicable to VOC-Control Regions 1 and 2 under 

10 section 80.41 of that title by eliminating the less stringent 

11 requirements applicable to gasoline designated for VOC12 Control Region 2 and instead applying the more stringent 

13 requirements applicable to gasoline designated for VOC14 Control Region 1. 

15 (e) SAVINGS CLAUSE.—

16 (1) IN GENERAL.—Nothing in this section or 

17 any amendment made by this section affects or prej18 udices any legal claim or action with respect to regu19 lations promulgated by the Administrator before the 

20 date of enactment of this Act regarding—

21 (A) emissions of toxic air pollutants from 

22 motor vehicles; or 

23 (B) the adjustment of standards applicable 

24 to a specific refinery or importer made under 

25 those regulations. 
53

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1 (2) ADJUSTMENT OF STANDARDS.—

2 (A) APPLICABILITY.—The Administrator 

3 may apply any adjustments to the standards 

4 applicable to a refinery or importer under sub5 paragraph (B)(iii)(I) of section 211(k)(1) of the 

6 Clean Air Act (as added by subsection (b)(2)), 

7 except that—

8 (i) the Administrator shall revise the 

9 adjustments to be based only on calendar 

10 years 1999 and 2000; 

11 (ii) any such adjustment shall not be 

12 made at a level below the average percent13 age of reductions of emissions of toxic air 

14 pollutants for reformulated gasoline sup15 plied to PADD I during calendar years 

16 1999 and 2000; and 

17 (iii) in the case of an adjustment 

18 based on toxic air pollutant emissions from 

19 reformulated gasoline significantly below 

20 the national annual average emissions of 

21 toxic air pollutants from all reformulated 

22 gasoline—

23 (I) the Administrator may revise 

24 the adjustment to take account of the 

25 scope of the prohibition on methyl ter-
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1 tiary butyl ether imposed by para2 graph (5) of section 211(c) of the 

3 Clean Air Act (as added by section 

4 203(c)); and 

5 (II) any such adjustment shall 

6 require the refiner or importer, to the 

7 maximum extent practicable, to main8 tain the reduction achieved during cal9 endar years 1999 and 2000 in the av10 erage annual aggregate emissions of 

11 toxic air pollutants from reformulated 

12 gasoline produced or distributed by 

13 the refiner or importer. 

14 SEC. 205. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS 

15 OF FUELS AND FUEL ADDITIVES. 

16 Section 211(b) of the Clean Air Act (42 U.S.C. 

17 7545(b)) is amended—

18 (1) in paragraph (2)—

19 (A) by striking ‘‘may also’’ and inserting 

20 ‘‘shall, on a regular basis,’’; and 

21 (B) by striking subparagraph (A) and in22 serting the following: 

23 ‘‘(A) to conduct tests to determine poten24 tial public health and environmental effects of 
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1 the fuel or additive (including carcinogenic, 

2 teratogenic, or mutagenic effects); and’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND

5 BLENDSTOCKS.—

6 ‘‘(A) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this paragraph, 

8 the Administrator shall—

9 ‘‘(i) conduct a study on the effects on 

10 public health (including the effects on chil11 dren, pregnant women, minority or low-in12 come communities, and other sensitive pop13 ulations), air quality, and water resources 

14 of increased use of, and the feasibility of 

15 using as substitutes for methyl tertiary 

16 butyl ether in gasoline—

17 ‘‘(I) ethyl tertiary butyl ether; 

18 ‘‘(II) tertiary amyl methyl ether; 

19 ‘‘(III) di-isopropyl ether; 

20 ‘‘(IV) tertiary butyl alcohol; 

21 ‘‘(V) other ethers and heavy alco22 hols, as determined by then Adminis23 trator; 

24 ‘‘(VI) ethanol; 

25 ‘‘(VII) iso-octane; and 
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1 ‘‘(VIII) alkylates; and 

2 ‘‘(ii) conduct a study on the effects on 

3 public health (including the effects on chil4 dren, pregnant women, minority or low-in5 come communities, and other sensitive pop6 ulations), air quality, and water resources 

7 of the adjustment for ethanol-blended re8 formulated gasoline to the volatile organic 

9 compounds performance requirements that 

10 are applicable under paragraphs (1) and 

11 (3) of section 211(k); and 

12 ‘‘(iii) submit to the Committee on En13 vironment and Public Works of the Senate 

14 and the Committee on Energy and Com15 merce of the House of Representatives a 

16 report describing the results of the studies 

17 under clauses (i) and (ii). 

18 ‘‘(B) CONTRACTS FOR STUDY.—In car19 rying out this paragraph, the Administrator 

20 may enter into 1 or more contracts with non21 governmental entities such as—

22 ‘‘(i) the national energy laboratories; 

23 and 

24 ‘‘(ii) institutions of higher education 

25 (as defined in section 101 of the Higher 
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1 Education Act of 1965 (20 U.S.C. 

2 1001)).’’. 

3 SEC. 206. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 

4 Section 211 of the Clean Air Act (42 U.S.C. 7545) 

5 (as amended by section 101(a)) is amended by inserting 

6 after subsection (p) the following: 

7 ‘‘(q) ANALYSES OF MOTOR VEHICLE FUEL CHANGES

8 AND EMISSIONS MODEL.—

9 ‘‘(1) ANTI-BACKSLIDING ANALYSIS.—

10 ‘‘(A) DRAFT ANALYSIS.—Not later than 4 

11 years after the date of enactment of this para12 graph, the Administrator shall publish for pub13 lic comment a draft analysis of the changes in 

14 emissions of air pollutants and air quality due 

15 to the use of motor vehicle fuel and fuel addi16 tives resulting from implementation of the 

17 amendments made by the Federal Reformulated 

18 Fuels Act of 2005. 

19 ‘‘(B) FINAL ANALYSIS.—After providing a 

20 reasonable opportunity for comment but not 

21 later than 5 years after the date of enactment 

22 of this paragraph, the Administrator shall pub23 lish the analysis in final form.

24 ‘‘(2) EMISSIONS MODEL.—For the purposes of 

25 this subsection, as soon as the necessary data are 
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1 available, the Administrator shall develop and final2 ize an emissions model that reasonably reflects the 

3 effects of gasoline characteristics or components on 

4 emissions from vehicles in the motor vehicle fleet 

5 during calendar year 2007.’’.

6 ‘‘(2) EMISSIONS MODEL.—For the purposes of 

7 this section, not later than 4 years after the date of 

8 enactment of this paragraph, the Administrator shall 

9 develop and finalize an emissions model that reflects, 

10 to the maximum extent practicable, the effects of gaso11 line characteristics or components on emissions from 

12 vehicles in the motor vehicle fleet during calendar 

13 year 2007. 

14 ‘‘(3) PERMEATION EFFECTS STUDY.—

15 ‘‘(A) IN GENERAL.—Not later than 1 year 

16 after the date of enactment of this paragraph, the 

17 Administrator shall conduct a study, and report 

18 to Congress the results of the study, on the effects 

19 of ethanol content in gasoline on permeation, the 

20 process by which fuel molecules migrate through 

21 the elastomeric materials (rubber and plastic 

22 parts) that make up the fuel and fuel vapor sys23 tems of a motor vehicle. 

24 ‘‘(B) EVAPORATIVE EMISSIONS.—The study 

25 shall include estimates of the increase in total 
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1 evaporative emissions likely to result from the 

2 use of gasoline with ethanol content in a motor 

3 vehicle, and the fleet of motor vehicles, due to 

4 permeation.’’.

5 SEC. 207. ADDITIONAL OPT-IN AREAS UNDER REFORMU6 LATED GASOLINE PROGRAM. 

7 Section 211(k)(6) of the Clean Air Act (42 U.S.C. 

8 7545(k)(6)) is amended—

9 (1) by striking ‘‘(6) OPT-IN AREAS.—(A) 

10 Upon’’ and inserting the following: 

11 ‘‘(6) OPT-IN AREAS.—

12 ‘‘(A) CLASSIFIED AREAS.—

13 ‘‘(i) IN GENERAL.—Upon’’; 

14 (2) in subparagraph (B), by striking ‘‘(B) If’’ 

15 and inserting the following: 

16 ‘‘(ii) EFFECT OF INSUFFICIENT DO17 MESTIC CAPACITY TO PRODUCE REFORMU18 LATED GASOLINE.—If’’; 

19 (3) in subparagraph (A)(ii) (as redesignated by 

20 paragraph (2))—

21 (A) in the first sentence, by striking ‘‘sub22 paragraph (A)’’ and inserting ‘‘clause (i)’’; and 

23 (B) in the second sentence, by striking 

24 ‘‘this paragraph’’ and inserting ‘‘this subpara25 graph’’; and 
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1 (4) by adding at the end the following: 

2 ‘‘(B) OZONE TRANSPORT REGION.—

3 ‘‘(i) APPLICATION OF PROHIBITION.—

4 ‘‘(I) IN GENERAL.—On applica5 tion of the Governor of a State in the 

6 ozone transport region established by 

7 section 184(a), the Administrator, not 

8 later than 180 days after the date of 

9 receipt of the application, shall apply 

10 the prohibition specified in paragraph 

11 (5) to any area in the State (other 

12 than an area classified as a marginal, 

13 moderate, serious, or severe ozone 

14 nonattainment area under subpart 2 

15 of part D of title I) unless the Admin16 istrator determines under clause (iii) 

17 that there is insufficient capacity to 

18 supply reformulated gasoline. 

19 ‘‘(II) PUBLICATION OF APPLICA20 TION.—As soon as practicable after 

21 the date of receipt of an application 

22 under subclause (I), the Adminis23 trator shall publish the application in 

24 the Federal Register. 
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1 ‘‘(ii) PERIOD OF APPLICABILITY.—

2 Under clause (i), the prohibition specified 

3 in paragraph (5) shall apply in a State—

4 ‘‘(I) commencing as soon as prac5 ticable but not later than 2 years 

6 after the date of approval by the Ad7 ministrator of the application of the 

8 Governor of the State; and 

9 ‘‘(II) ending not earlier than 4 

10 years after the commencement date 

11 determined under subclause (I). 

12 ‘‘(iii) EXTENSION OF COMMENCEMENT

13 DATE BASED ON INSUFFICIENT CAPAC14 ITY.—

15 ‘‘(I) IN GENERAL.—If, after re16 ceipt of an application from a Gov17 ernor of a State under clause (i), the 

18 Administrator determines, on the Ad19 ministrator’s own motion or on peti20 tion of any person, after consultation 

21 with the Secretary of Energy, that 

22 there is insufficient capacity to supply 

23 reformulated gasoline, the Adminis24 trator, by regulation—
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1 ‘‘(aa) shall extend the com2 mencement date with respect to 

3 the State under clause (ii)(I) for 

4 not more than 1 year; and 

5 ‘‘(bb) may renew the exten6 sion under item (aa) for 2 addi7 tional periods, each of which 

8 shall not exceed 1 year. 

9 ‘‘(II) DEADLINE FOR ACTION ON

10 PETITIONS.—The Administrator shall 

11 act on any petition submitted under 

12 subclause (I) not later than 180 days 

13 after the date of receipt of the peti14 tion.’’. 

15 SEC. 208. FEDERAL ENFORCEMENT OF STATE FUELS RE16 QUIREMENTS. 

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

18 7545(c)(4)(C)) is amended—

19 (1) by striking ‘‘(C) A State’’ and inserting the 

20 following: 

21 ‘‘(C) AUTHORITY OF STATE TO CONTROL

22 FUELS AND FUEL ADDITIVES FOR REASONS OF

23 NECESSITY.—

24 ‘‘(i) IN GENERAL.—A State’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(ii) ENFORCEMENT BY THE ADMIN2 ISTRATOR.—In any case in which a State 

3 prescribes and enforces a control or prohi4 bition under clause (i), the Administrator, 

5 at the request of the State, shall enforce 

6 the control or prohibition as if the control 

7 or prohibition had been adopted under the 

8 other provisions of this section.’’. 

9 SEC. 209. FUEL SYSTEM REQUIREMENTS HARMONIZATION 

10 STUDY. 

11 (a) STUDY.—

12 (1) IN GENERAL.—The Administrator of the 

13 Environmental Protection Agency and the Secretary 

14 of Energy shall jointly conduct a study of Federal, 

15 State, and local requirements concerning motor vehi16 cle fuels, including—

17 (A) requirements relating to reformulated 

18 gasoline, volatility (measured in Reid vapor 

19 pressure), oxygenated fuel, and diesel fuel; and 

20 (B) other requirements that vary from 

21 State to State, region to region, or locality to 

22 locality. 

23 (2) REQUIRED ELEMENTS.—The study shall as24 sess—
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1 (A) the effect of the variety of require2 ments described in paragraph (1) on the supply, 

3 quality, and price of motor vehicle fuels avail4 able to the consumer; 

5 (B) the effect of the requirements de6 scribed in paragraph (1) on achievement of—

7 (i) national, regional, and local air 

8 quality standards and goals; and 

9 (ii) related environmental and public 

10 health protection standards and goals (in11 cluding the protection of children, preg12 nant women, minority or low-income com13 munities, and other sensitive populations); 

14 (C) the effect of Federal, State, and local 

15 motor vehicle fuel regulations, including mul16 tiple motor vehicle fuel requirements, on—

17 (i) domestic refiners; 

18 (ii) the fuel distribution system; and 

19 (iii) industry investment in new capac20 ity; 

21 (D) the effect of the requirements de22 scribed in paragraph (1) on emissions from ve23 hicles, refiners, and fuel handling facilities; 

24 (E) the feasibility of developing national or 

25 regional motor vehicle fuel slates for the 48 
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1 contiguous States that, while protecting and im2 proving air quality at the national, regional, 

3 and local levels, could—

4 (i) enhance flexibility in the fuel dis5 tribution infrastructure and improve fuel 

6 fungibility; 

7 (ii) reduce price volatility and costs to 

8 consumers and producers; 

9 (iii) provide increased liquidity to the 

10 gasoline market; and 

11 (iv) enhance fuel quality, consistency, 

12 and supply; and 

13 (F) the feasibility of providing incentives, 

14 and the need for the development of national 

15 standards necessary, to promote cleaner burn16 ing motor vehicle fuel. 

17 (b) REPORT.—

18 (1) IN GENERAL.—Not later than June 1, 

19 2008, the Administrator of the Environmental Pro20 tection Agency and the Secretary of Energy shall 

21 submit to Congress a report on the results of the 

22 study conducted under subsection (a). 

23 (2) RECOMMENDATIONS.—
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1 (A) IN GENERAL.—The report shall con2 tain recommendations for legislative and admin3 istrative actions that may be taken—

4 (i) to improve air quality; 

5 (ii) to reduce costs to consumers and 

6 producers; and 

7 (iii) to increase supply liquidity. 

8 (B) REQUIRED CONSIDERATIONS.—The 

9 recommendations under subparagraph (A) shall 

10 take into account the need to provide advance 

11 notice of required modifications to refinery and 

12 fuel distribution systems in order to ensure an 

13 adequate supply of motor vehicle fuel in all 

14 States. 

15 (3) CONSULTATION.—In developing the report, 

16 the Administrator of the Environmental Protection 

17 Agency and the Secretary of Energy shall consult 

18 with—

19 (A) the Governors of the States; 

20 (B) automobile manufacturers; 

21 (C) State and local air pollution control 

22 regulators; 

23 (D) public health experts; 

24 (E) motor vehicle fuel producers and dis25 tributors; and 
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1 (F) the public. 
Calendar No. 116

109TH CONGRESS 

1ST SESSION S. 606

[Report No. 109–74] 

A BILL

To amend the Clean Air Act to eliminate methyl 

independence, and for other purposes. able fuel, and to increase the Nation’s energy supply, to increase production and use of renewtertiary butyl ether from the United States fuel 

MAY 26, 2005

Reported with amendments