Domestic Fuels Protection Act of 2013

To provide liability protection for claims based on the design, manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, and for other purposes. 1. Short title This Act may be cited as the Domestic Fuels Protection Act of 2013 2. Fuel compatibility (a) Compatibility Subtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. (1) by redesignating section 9014 as section 9015; and (2) by inserting after section 9013 the following: 9014. Compatibility (a) Definitions In this section: (1) Associated dispensing equipment The term associated dispensing equipment (A) used for— (i) the storage of any fuel or fuel additive described in subsection (b)(3)(A); or (ii) the dispensing of any fuel or fuel additive described in subsection (b)(3)(A) into any fuel tank of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment; and (B) subject to regulation under section 1910.106 or 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013). (2) Compatible The term compatible (3) Motor vehicle The term motor vehicle 42 U.S.C. 7550 (4) Motor vehicle engine The term motor vehicle engine (5) Nonroad engine The term nonroad engine 42 U.S.C. 7550 (6) Nonroad equipment The term nonroad equipment (7) Nonroad vehicle The term nonroad vehicle 42 U.S.C. 7550 (8) Provider of financial assurance The term provider of financial assurance section 280.92 (9) Underground storage tank system The term underground storage tank system (b) Compatibility with fuels (1) Liability No person shall be liable under any Federal, State, or local law (including common law) because an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). (2) Financial assurance A provider of financial assurance shall not deny payment for any claim on the basis that an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). (3) Guidelines and regulations (A) In general Paragraphs (1) and (2) apply to any underground storage tank, underground storage tank system, and associated dispensing equipment that meets any guidelines or regulations, which may be revised under subparagraph (B), issued by the Administrator and in effect on the date of enactment of the Domestic Fuels Protection Act of 2013, addressing compatibility of such tanks, systems, or equipment with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law, for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (B) Regulations (i) In general Not later than 1 year after the date of enactment of the Domestic Fuels Protection Act of 2013, the Administrator shall issue, or if applicable revise, regulations setting standards for determining whether an underground storage tank, underground storage tank system, or associated dispensing equipment is compatible with a fuel or fuel additive described in subparagraph (A). (ii) Minimum standards The regulations issued under clause (i) shall include minimum standards and processes for certification by the Administrator or by an owner, operator, or manufacturer of underground storage tanks, underground storage tank systems, or associated dispensing equipment, to ensure compatibility. (4) Underground storage tanks, underground storage tank systems, and associated dispensing equipment previously listed as compatible Any underground storage tank, underground storage tank system, or associated dispensing equipment that, on or before the date of enactment of the Domestic Fuels Protection Act of 2013, is listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (3)(A) shall be deemed compatible with such fuel or fuel additive under the regulations issued under this subsection. (5) Administration Nothing in this section affects— (A) any other requirement respecting the introduction into commerce, offering for sale, or sale of any fuel or fuel additive; (B) any requirement under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) (C) any other requirement under this subtitle. . (b) Conforming amendments The Solid Waste Disposal Act is amended— (1) in section 9003(h)(12)(A) ( 42 U.S.C. 6991b(h)(12)(A) section 9014(2)(B) section 9015(2)(B) (2) in section 9004(f)(1)(A) ( 42 U.S.C. 6991c(f)(1)(A) section 9014(2)(A) section 9015(2)(A) (3) in section 9011 ( 42 U.S.C. 6991j section 9014(2)(D) section 9015(2)(D) (c) Table of contents The table of contents contained in section 1001 of the Solid Waste Disposal Act ( 42 U.S.C. 6901 Sec. 9014. Compatibility. Sec. 9015. Authorization of Appropriations. . 3. Misfueling (a) In general Section 211(g) of the Clean Air Act ( 42 U.S.C. 7545(g) (3) Limitation on liability (A) Limitation (i) In general Except as provided in clause (ii), no person shall be liable under any provision of this Act or any Federal, State, or local law, including common law, if— (I) a self-service purchaser introduces any transportation fuel into any motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad equipment for which the fuel has not been approved under subsection (f); or (II) the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment. (ii) Exception Clause (i) shall not apply to— (I) a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the Administrator under section 80.1501 of title 40, Code of Federal Regulations (or successor regulations); or (II) a person who intentionally misfuels. (B) Definitions In this paragraph: (i) Nonroad equipment The term nonroad equipment (ii) Transportation fuel The term transportation fuel . (b) Penalties Section 211(d) of the Clean Air Act ( 42 U.S.C. 7545(d) (1) in paragraph (1), in the first sentence, by inserting (g), or the regulations prescribed under subsection (c), (2) in paragraph (2), in the first sentence, by inserting (g), of the regulations prescribed under subsections (c), 4. Limitation on liability (a) Qualified civil liability actions in federal court and state court (1) In general No qualified civil liability action shall be filed or maintained in any court of the United States or any State court. (2) Dismissal of pending actions Any qualified civil liability action filed or pending in any court of the United States or any State court on or after the date of enactment of this Act shall be dismissed with prejudice. (b) Safe harbor Notwithstanding any Federal, State, or local law (including common law), no qualified product shall be considered to be a defective product, if the qualified product does not violate a control or prohibition, respecting any characteristic or component of the qualified product, imposed by the Administrator of the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 (c) Definitions In this section: (1) Covered entity The term covered entity (A) qualified product; or (B) motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (2) Motor vehicle The term motor vehicle 42 U.S.C. 7550 (3) Motor vehicle engine The term motor vehicle engine (4) Nonroad engine The term nonroad engine 42 U.S.C. 7550 (5) Nonroad equipment The term nonroad equipment (6) Nonroad vehicle The term nonroad vehicle 42 U.S.C. 7550 (7) Person The term person (8) Qualified civil liability action The term qualified civil liability action (9) Qualified product The term qualified product (A) any fuel or fuel additive for which a registration is in effect under section 211(b) of the Clean Air Act ( 42 U.S.C. 7545(b) (B) a transportation fuel or transportation fuel additive that— (i) contains any renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); and (ii) is designated for introduction into interstate commerce by the Administrator of the Environmental Protection Agency or the Secretary of Energy under the Clean Air Act ( 42 U.S.C. 7401 et seq. (C) any component of a fuel or fuel additive described in subparagraph (A) or (B); or (D) any blend stock. (10) State The term State

Summary: Domestic Fuels Protection Act of 2013 - Amends the Solid Waste Disposal Act to provide that no person shall be liable under any federal, state, or local law, and no provider of financial assurance may deny payment for a claim, because an underground storage tank, underground storage tank system, or associated dispensing equipment at a stationary facility is not compatible with any fuel or fuel additive for use in a motor vehicle, nonroad vehicle, or engine if such tank or equipment has been determined to be compatible pursuant to the guidelines and regulations issued under this Act. Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations setting standards for determining whether underground storage tanks and systems and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized and registered by the Administrator or by statute for use in a motor vehicle or engine or nonroad vehicle, engine, or equipment. Deems tanks, systems, and equipment that are listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under such regulations. Amends the Clean Air Act to prohibit a person selling such fuel who complies with such regulations from being liable under any federal, state, or local law if: (1) a self-service purchaser introduces any such fuel into a vehicle, engine, or equipment for which the fuel has not been approved under such Act; or (2) the introduction of any such fuel voids the warranty of the manufacturer of such vehicles, engines, or equipment. Excludes from such protection: (1) a person who sells a transportation fuel and does not comply with the misfueling regulations adopted by the Administrator, and (2) a person who intentionally misfuels. Prohibits filing or maintaining in any U.S. or state court any civil action or proceeding against an entity engaged in the design, manufacture, sale, or distribution of any qualified product or of any motor vehicle, engine, or nonroad equipment for damages, abatement, restitution, fines, penalties, or other relief resulting from the introduction of any such product into a motor vehicle, engine, or nonroad equipment. Requires actions filed or pending upon enactment of this Act to be dismissed with prejudice. Defines a "qualified product" as any fuel or fuel additive that is registered under federal law or any transportation fuel or fuel additive that contains renewable fuel and that is designated for introduction into interstate commerce under federal law, any component thereof, or any blend stock. Prohibits a qualified productfrom being considered a defective product if it does not violate a control or prohibition with respect to any of its characteristics or components imposed by the Administrator under the Clean Air Act.