I 

112TH CONGRESS 

1ST SESSION H. R. 3199 

To provide a comprehensive assessment of the scientific and technical research 

on the implications of the use of mid-level ethanol blends, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 13, 2011 

Mr. SENSENBRENNER (for himself and Mr. BENISHEK) introduced the following bill; which was referred to the Committee on Science, Space, and 

Technology 

A BILL 

To provide a comprehensive assessment of the scientific and 

technical research on the implications of the use of midlevel ethanol blends, 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. FINDINGS. 

4 Congress finds that— 

5 (1) while blends of up to 10 percent ethanol are 

6 currently required in the American motor fuels mar7 ket as the result of renewable fuels mandates and in8 centives for ethanol production and use, significant 

9 environmental and energy research, development, 


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1 and demonstration is needed on the effects of higher 

2 percentage ethanol blends before permitting wide3 spread use in the United States; 

4 (2) government and industry testing suggests 

5 significant negative environmental, safety, durability, 

6 health, and performance effects for onroad and 

7 nonroad vehicles and infrastructure resulting from 

8 use of mid-level ethanol blends containing up to 15 

9 percent ethanol; and 

10 (3) the decision by the Environmental Protec11 tion Agency to allow the use of mid-level ethanol 

12 blends in model year 2001 and newer motor vehi13 cles— 

14 (A) failed to consider the full spectrum of 

15 available government and industry scientific 

16 and technical research on such effects; and 

17 (B) relied on the results of a single study 

18 thereby violating the Environmental Protection 

19 Agency’s scientific integrity principles. 

20 SEC. 2. DEFINITIONS. 

21 In this Act: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (2) MID-LEVEL ETHANOL BLEND.—The term 

2 ‘‘mid-level ethanol blend’’ means an ethanol-gasoline 

3 blend containing 15 or 20 percent ethanol by volume 

4 that is intended to be used in any conventional gaso5 line-powered motor vehicle or nonroad vehicle or en6 gine. 

7 SEC. 3. EVALUATION. 

8 (a) IN GENERAL.—Prior to the implementation of 

9 any waiver, partial waiver, or decision pursuant to current 

10 law and not later than 45 days after enactment of this 

11 Act, the Administrator, acting through the Assistant Ad12 ministrator of the Office of Research and Development at 

13 the Environmental Protection Agency, shall enter into an 

14 agreement with the National Academies to provide a com15 prehensive assessment of the scientific and technical re16 search on the implications of the use of mid-level ethanol 

17 blends. This assessment should compare mid-level ethanol 

18 blends to gasoline blends containing 10 and zero percent 

19 ethanol. 

20 (b) CONTENTS.—The assessment performed under 

21 subsection (a) shall— 

22 (1) evaluate the short-term and long-term envi23 ronmental, safety, durability, and performance ef24 fects of the introduction of mid-level ethanol blends 

25 on onroad, nonroad and marine engines, onroad and 


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1 nonroad vehicles, and related equipment. Such eval2 uation shall include a review of all available scientific 

3 evidence, including all relevant government and in4 dustry data and testing, including that relied upon 

5 by the Administrator and published at 75 Fed. Reg. 

6 68094 (November 4, 2010) and 76 Fed. Reg. 4662 

7 (January 26, 2011), gaps in understanding, and re8 search needs related to— 

9 (A) tailpipe emissions; 

10 (B) evaporative emissions; 

11 (C) engine and fuel system durability; 

12 (D) on-board diagnostics; 

13 (E) emissions inventory and other mod14 eling effects; 

15 (F) materials compatibility; 

16 (G) operability and drivability; 

17 (H) fuel efficiency; 

18 (I) catalyst durability; and 

19 (J) durability of storage tanks, piping and 

20 dispensers for retail; and 

21 (2) identify research and development, including 

22 testing, necessary to permit existing motor fuels 

23 (distribution and supply) infrastructure to handle 

24 mid-level ethanol blends while preventing or miti25 gating against adverse impacts such as corrosion of 


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1 metal, plastic, rubber, or any other materials used in 

2 pipes or storage tanks, ensuring fuel fungiblity, and 

3 protecting against intentional and unintentional 

4 misfueling by users at various points in the distribu5 tion and supply chain, including— 

6 (A) bulk storage; 

7 (B) retail storage and distribution configu8 rations; and 

9 (C) standardization of a label consistent 

10 with applicable technical standards and rec11 ommendations of the National Institute of 

12 Standards and Technology, the American Na13 tional Standards Institute, and the Inter14 national Organization for Standardization. 

15 (c) REPORT.—Not later than 18 months after the en16 actment of this Act, the National Academies shall submit 

17 to the Committee on Science, Space, and Technology a 

18 report on the results of such assessment, including nec19 essary research and development. 

20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

21 In order to carry out this Act, the Administrator shall 

22 utilize up to $900,000 from the funds made available for 

23 research and development under Public Law 96–569. 

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