I
107TH CONGRESS
1ST SESSION
H. R. 3596
To amend the Clean Air Act requirements relating to gasoline to prevent
future supply shortages and price spikes in the gasoline market, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. RYAN of Wisconsin (for himself and Mr. GREEN of Wisconsin) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
A BILL
To amend the Clean Air Act requirements relating to gaso-
line to prevent future supply shortages and price spikes
in the gasoline market, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) The President’s National Energy Policy De-
velopment (NEPD) Group recommended that the
Environmental Protection Agency (EPA) study the
environmental benefits of State boutique fuels and
methods to increase the flexibility of the fuel dis-
tribution infrastructure and the gasoline market li-
quidity.
(2) Seasonal price spikes, particularly in the
Midwest, can be attributed to the number of bou-
tique fuels and the lack of fungibility, especially
when there is a disruption in the refining or pipeline
system.
(3) According to the EPA Study of Boutique
Fuels released October 24, 2001, a reduction of the
number of boutique fuels may moderate the price
spikes that occur with the transition of winter to
summer grade reformulated gasoline (RFG).
(4) The propagation of boutique fuels may
occur in the future as a result of State laws banning
the use of MTBE, an oxygenated gasoline additive.
(5) Refiners argue that without any restrictions
on States, boutique fuels will continue to proliferate.
(6) Stakeholders have acknowledged that fewer
fuel types would simplify gasoline distribution and
therefore ease the potential for local supply disrup-
tions and resulting price volatility without disrupting
gasoline supply, air quality benefits, or prices.
(7) The EPA study examined several options,
one of which would create a menu of three fuels for
States to choose from (conventional gasoline, low-
RVP, or a new Federal clean burning gas), including
a new national renewable fuel requirement.
(8) The EPA study found that this option is
the least costly of all the options presented and
would increase gasoline production capacity, giving
the best balance among gasoline cost, distribution,
and supply, and air quality.
SEC. 2. BOUTIQUE FUELS.
(a) REDUCING THE PROLIFERATION OF BOUTIQUE
FUELS.—(1) Section 211(c)(4) of such Act (42 U.S.C.
7545(c)(4)) is amended by adding the following at the end
thereof:
‘‘(D) In the case of gasoline, in addition to the re-
quirements of subparagraph (C), after the enactment of
this subparagraph, the Administrator may approve a pro-
vision described in subparagraph (C) in an implementation
plan only if the Administrator finds that the control or
prohibition in the applicable implementation plan requires
the use of either of the following:
‘‘(i) Federal clean burning fuel meeting the re-
quirements of subsection (k).
‘‘(ii) Low RVP gasoline meeting the require-
ments of subsection (h)(6).
‘‘(E) In the case of implementation plan provisions
approved under subparagraph (C) on or before the date
of the enactment of this subparagraph, such provisions
may remain in effect after the date 4 years after the enact-
ment of this subparagraph only if the State has, within
6 months after the enactment of this subparagraph, re-
evaluated the provisions and established to the satisfaction
of the Administrator that the benefits of such provisions
in terms of air quality improvement, consistent supply,
production costs and stable prices for gasoline exceed the
benefits of modifying such provisions to require the use
of Federal clean burning fuel meeting the requirements
of subsection (k) or low RVP gasoline meeting the require-
ments of subsection (h)(6) (whichever requires a Reid
Vapor Pressure closest to the Reid Vapor Pressure re-
quired by the plan provisions prior to modification).’’.
(2) By striking ‘‘engine—’’ in subparagraph (A) of
section 211(c)(4) of the Clean Air Act and all that follows
down through the end of such subparagraph and inserting
‘‘engine.’’.
(3) By striking ‘‘, for the purposes of motor vehicle
emission control,’’ in subparagraph (A) of section
211(c)(4) of the Clean Air Act.
(b) LOW RVP GAS OPTION.—Section 211(h) of the
Clean Air Act (42 U.S.C. 7545(h)) is amended by adding
the following new paragraph at the end thereof:
‘‘(6) LOW RVP GASOLINE.—The Administrator
shall promulgate regulations providing for a gasoline
blend for the high ozone season (as determined by
the Administrator) having a Reid Vapor Pressure of
7.8 pounds per square inch (psi). The Administrator
shall approve State plan provisions submitted under
subsection (c)(4)(C) and (D) for ozone nonattain-
ment areas in both northern and southern areas of
the nation (other than covered areas under sub-
section (k)) that require gasoline to meet the re-
quirements of the regulations under this para-
graph.’’.
(c) FEDERAL CLEAN BURNING GAS.—(1) Section
211(k) of the Clean Air Act is amended to read as follows:
‘‘(k) FEDERAL CLEAN BURNING GAS.—
‘‘(1) EPA REGULATIONS.—The Administrator
shall promulgate regulations under this section es-
tablishing requirements for Federal clean burning
gasoline to be used in gasoline-fueled vehicles in
specified nonattainment areas. Such regulations
shall require the greatest reduction in emissions of
ozone forming volatile organic compounds (during
the high ozone season) and emissions of toxic air
pollutants (during the entire year) achievable
through the reformulation of conventional gasoline,
taking into consideration the cost of achieving such
emission reductions, any nonair-quality and other
air-quality related health and environmental impacts
and energy requirements.
‘‘(2) GENERAL
REQUIREMENTS.—The regula-
tions referred to in paragraph (1) shall require that
Federal clean burning gasoline comply with para-
graph (3) and with each of the following require-
ments (subject to paragraph (7)):
‘‘(A) NOX EMISSIONS.—The emissions of
oxides of nitrogen (NOX) from baseline vehicles
when using the Federal clean burning gasoline
shall be no greater than the level of such emis-
sions from such vehicles when using baseline
gasoline. If the Administrator determines that
compliance with the limitation on emissions of
oxides of nitrogen under the preceding sentence
is technically infeasible, considering the other
requirements applicable under this subsection to
such gasoline, the Administrator may, as appro-
priate to ensure compliance with this subpara-
graph, adjust (or waive entirely), any other re-
quirements of this paragraph (including the ox-
ygen content requirement contained in subpara-
graph (B)) or any requirements applicable
under paragraph (3)(A).
‘‘(B) BENZENE
CONTENT.—The benzene
content of the gasoline shall not exceed 1.0 per-
cent by volume.
‘‘(C) HEAVY METALS.—The gasoline shall
have no heavy metals, including lead or man-
ganese. The Administrator may waive the pro-
hibition contained in this subparagraph for a
heavy metal (other than lead) if the Adminis-
trator determines that addition of the heavy
metal to the gasoline will not increase, on an
aggregate mass or cancer-risk basis, toxic air
pollutant emissions from motor vehicles.
‘‘(3) MORE STRINGENT OF FORMULA OR PER-
FORMANCE
STANDARDS.—The regulations referred
to in paragraph (1) shall require compliance with
the more stringent of either the requirements set
forth in subparagraph (A) or the requirements of
subparagraph (B) of this paragraph. For purposes
of determining the more stringent provision, clause
(i) and clause (ii) of subparagraph (B) shall be con-
sidered independently.
‘‘(A) FORMULA.—
‘‘(i) BENZENE.—The benzene content
of the Federal clean burning gasoline shall
not exceed 1.0 percent by volume.
‘‘(ii) AROMATICS.—The aromatic hy-
drocarbon content of the Federal clean
burning gasoline shall not exceed 25 per-
cent by volume.
‘‘(iii) 
LEAD.—The 
Federal 
clean
burning gasoline shall have no lead con-
tent.
‘‘(iv) 
DETERGENTS.—The 
Federal
clean burning gasoline shall contain addi-
tives to prevent the accumulation of depos-
its in engines or vehicle fuel supply sys-
tems.
‘‘(v) REID
VAPOR
PRESSURE.—The
Reid Vapor Pressure of the gasoline shall
not exceed 6.8 pounds per square inch
(psi) for the high ozone season (as deter-
mined by the Administrator).
‘‘(B) PERFORMANCE STANDARD.—
‘‘(i) VOC 
EMISSIONS.—During the
high ozone season (as defined by the Ad-
ministrator), the Reid Vapor Pressure of
the gasoline shall not exceed 6.8 pounds
per square inch (psi).
‘‘(ii) TOXICS.—During the entire year,
the aggregate emissions of toxic air pollut-
ants from baseline vehicles when using the
Federal clean burning gasoline shall be 15
percent below the aggregate emissions of
toxic air pollutants from such vehicles
when using baseline gasoline. Effective in
calendar year 2000 and thereafter, 25 per-
cent shall be substituted for 15 percent in
applying this clause, except that the Ad-
ministrator may adjust such 25 percent re-
quirement to provide for a lesser or greater
reduction based on technological feasibility,
considering the cost of achieving such re-
ductions in toxic air pollutants. No such
adjustment shall provide for less than a 20
percent reduction below the aggregate
emissions of such air pollutants from such
vehicles when using baseline gasoline. The
reductions required under this clause shall
be on a mass basis.
Any reduction greater than a specific percentage re-
duction required under this subparagraph shall be
treated as satisfying such percentage reduction re-
quirement.
‘‘(4) CERTIFICATION PROCEDURES.—
‘‘(A) 
REGULATIONS.—The 
regulations
under this subsection shall include procedures
under which the Administrator shall certify
Federal clean burning gasoline as complying
with the requirements established pursuant to
this subsection. Under such regulations, the Ad-
ministrator shall establish procedures for any
person to petition the Administrator to certify
a fuel formulation, or slate of fuel formulations.
Such procedures shall further require that the
Administrator shall approve or deny such peti-
tion within 180 days of receipt. If the Adminis-
trator fails to act within such 180-day period,
the fuel shall be deemed certified until the Ad-
ministrator completes action on the petition.
‘‘(B) CERTIFICATION; EQUIVALENCY.—The
Administrator shall certify a fuel formulation or
slate of fuel formulations as complying with this
subsection if such fuel or fuels—
‘‘(i) comply with the requirements of
paragraph (2), and
‘‘(ii) achieve equivalent or greater re-
ductions in emissions of ozone forming
volatile organic compounds and emissions
of toxic air pollutants than are achieved by
a Federal clean burning gasoline meeting
the applicable requirements of paragraph
(3).
‘‘(C) EPA DETERMINATION OF EMISSIONS
LEVEL.—The Administrator shall determine the
level of emissions of ozone forming volatile or-
ganic compounds and emissions of toxic air pol-
lutants emitted by baseline vehicles when oper-
ating on baseline gasoline. For purposes of this
subsection, the Administrator shall, by rule, de-
termine appropriate measures of, and method-
ology for, ascertaining the emissions of air pol-
lutants (including calculations, equipment, and
testing tolerances).
‘‘(5) PROHIBITION.—Effective on the date 4
years after the enactment of this paragraph, each of
the following shall be a violation of this subsection:
‘‘(A) The sale or dispensing by any person
of conventional gasoline to ultimate consumers
in any covered area.
‘‘(B) The sale or dispensing by any refiner,
blender, importer, or marketer of conventional
gasoline for resale in any covered area, without
(i) segregating such gasoline from Federal clean
burning gasoline, and (ii) clearly marking such
conventional gasoline as ‘‘conventional gasoline,
not for sale to ultimate consumer in a covered
area’’.
Any refiner, blender, importer or marketer who pur-
chases property segregated and marked conventional
gasoline, and thereafter labels, represents, or whole-
sales such gasoline as Federal clean burning gasoline
shall also be in violation of this subsection. The Ad-
ministrator may impose sampling, testing, and rec-
ordkeeping requirements upon any refiner, blender,
importer, or marketer to prevent violations of this
section.
‘‘(6) OPT-IN AREAS.—(A) Upon the application
of the Governor of a State, the Administrator shall
apply the prohibition set forth in paragraph (5) in
any area in the State classified under subpart 2 of
part D of title I as a Marginal, Moderate, Serious,
or Severe Area (without regard to whether or not
the 1980 population of the area exceeds 250,000).
In any such case, the Administrator shall establish
an effective date for such prohibition as he deems
appropriate, 1 year after such application is re-
ceived. The Administrator shall publish such applica-
tion in the Federal Register upon receipt.
‘‘(B) If the Administrator determines, on the
Administrator’s own motion or on petition of any
person, after consultation with the Secretary of En-
ergy, that there is insufficient domestic capacity to
produce gasoline certified under this subsection, the
Administrator shall, by rule, extend the effective
date of such prohibition in Marginal, Moderate, Seri-
ous, or Severe Areas referred to in subparagraph
(A) for one additional year, and may, by rule, renew
such extension for 2 additional one-year periods. The
Administrator shall act on any petition submitted
under this paragraph within 6 months after receipt
of the petition. The Administrator shall issue such
extensions for areas with a lower ozone classification
before issuing any such extension for areas with a
higher classification.
‘‘(7) CREDITS.—(A) The regulations promul-
gated under this subsection shall provide for the
granting of an appropriate amount of credits to a
person who refines, blends, or imports and certifies
a gasoline or slate of gasoline that—
‘‘(i) has an aromatic hydrocarbon content
(by volume) that is less than the maximum aro-
matic hydrocarbon content required to comply
with paragraph (3); or
‘‘(ii) has a benzene content (by volume)
that is less than the maximum benzene content
specified in paragraph (2).
‘‘(B) The regulations described in subparagraph
(A) shall also provide that a person who is granted
credits may use such credits, or transfer all or a
portion of such credits to another person for use
within the same nonattainment area, for the purpose
of complying with this subsection.
‘‘(C) The regulations promulgated under sub-
paragraphs (A) and (B) shall ensure the enforce-
ment of the requirements for the issuance, applica-
tion, and transfer of the credits. Such regulations
shall prohibit the granting or transfer of such cred-
its for use with respect to any gasoline in a non-
attainment area, to the extent the use of such cred-
its would result in any of the following:
‘‘(i) An average gasoline aromatic hydro-
carbon content (by volume) for the nonattain-
ment (taking into account all gasoline sold for
use in conventional gasoline-fueled vehicles in
the nonattainment area) higher than the aver-
age fuel aromatic hydrocarbon content (by vol-
ume) that would occur in the absence of using
any such credits.
‘‘(ii) An average benzene content (by vol-
ume) for the nonattainment area (taking into
account all gasoline sold for use in conventional
gasoline-fueled vehicles in the nonattainment
area) higher than the average benzene content
(by volume) that would occur in the absence of
using any such credits.
‘‘(8) ANTI-DUMPING RULES.—
‘‘(A) IN
GENERAL.—The Administrator
shall promulgate regulations applicable to each
refiner, blender, or importer of gasoline ensur-
ing that gasoline sold or introduced into com-
merce by such refiner, blender, or importer
(other than Federal clean burning gasoline sub-
ject to the requirements of paragraph (1)) does
not result in average per gallon emissions
(measured on a mass basis) of (i) volatile or-
ganic compounds, (ii) oxides of nitrogen, (iii)
carbon monoxide, and (iv) toxic air pollutants
in excess of such emissions of such pollutants
attributable to gasoline sold or introduced into
commerce in calendar year 1990 by that re-
finer, blender, or importer.
‘‘(B) ADJUSTMENTS.—In evaluating com-
pliance with the requirements of subparagraph
(A), the Administrator shall make appropriate
adjustments to insure that no credit is provided
for improvement in motor vehicle emissions con-
trol in motor vehicles sold after the calendar
year 1990.
‘‘(C) COMPLIANCE DETERMINED FOR EACH
POLLUTANT INDEPENDENTLY.—In determining
whether there is an increase in emissions in vio-
lation of the prohibition contained in subpara-
graph (A) the Administrator shall consider an
increase in each air pollutant referred to in
clauses (i) through (iv) as a separate violation
of such prohibition, except that the Adminis-
trator shall promulgate regulations to provide
that any increase in emissions of oxides of ni-
trogen resulting from adding oxygenates to gas-
oline may be offset by an equivalent or greater
reduction (on a mass basis) in emissions of
volatile organic compounds, carbon monoxide,
or toxic air pollutants, or any combination of
the foregoing.
‘‘(D) COMPLIANCE PERIOD.—The Admin-
istrator shall promulgate an appropriate compli-
ance period or appropriate compliance periods
to be used for assessing compliance with the
prohibition contained in subparagraph (A).
‘‘(E) BASELINE FOR DETERMINING COM-
PLIANCE.—If the Administrator determines
that no adequate and reliable data exists re-
garding the composition of gasoline sold or in-
troduced into commerce by a refiner, blender,
or importer in calendar year 1990, for such re-
finer, blender, or importer, baseline gasoline
shall be substituted for such 1990 gasoline in
determining compliance with subparagraph (A).
‘‘(9) EMISSIONS
FROM
ENTIRE
VEHICLE.—In
applying the requirements of this subsection, the Ad-
ministrator shall take into account emissions from
the entire motor vehicle, including evaporative, run-
ning, refueling, and exhaust emissions.
‘‘(10) DEFINITIONS.—For purposes of this
subsection—
‘‘(A) BASELINE
VEHICLES.—The term
‘baseline vehicles’ mean representative model
year 1990 vehicles.
‘‘(B) BASELINE GASOLINE.—
‘‘(i) SUMMERTIME.—The term ‘base-
line gasoline’ means in the case of gasoline
sold during the high ozone period (as de-
fined by the Administrator) a gasoline
which meets the following specifications:
BASELINE GASOLINE FUEL PROPERTIES
API Gravity ...........................................................
57.4
Sulfur, ppm ...........................................................
339
Benzene, % ............................................................
1.53
RVP, psi .................................................................
8.7
Octane, R+M/2 ......................................................
87.3
IBP, F ....................................................................
10%, F ....................................................................
128
50%, F ....................................................................
218
90%, F ....................................................................
330
End Point, F ..........................................................
415
Aromatics, % .........................................................
32.0
Olefins, % ..............................................................
9.2
Saturates, % ..........................................................
58.8
‘‘(ii) 
WINTERTIME.—The 
Adminis-
trator shall establish the specifications of
‘baseline gasoline’ for gasoline sold at
times other than the high ozone period (as
defined by the Administrator). Such speci-
fications shall be the specifications of 1990
industry average gasoline sold during such
period.
‘‘(C) TOXIC AIR POLLUTANTS.—The term
‘toxic air pollutants’ means the aggregate emis-
sions of the following: Benzene, 3 Butadiene,
Polycyclic organic matter (POM), Acetaldehyde,
Formaldehyde.
‘‘(D) COVERED AREA.—The 9 ozone non-
attainment areas having a 1980 population in
excess of 250,000 and having the highest ozone
design value during the period 1987 through
1989 shall be ‘‘covered areas’’ for purposes of
this subsection. Effective one year after the re-
classification of any ozone nonattainment area
as a Severe ozone nonattainment area under
section 181(b), such Severe area shall also be a
‘‘covered area’’ for purposes of this subsection.
‘‘(E) FEDERAL
CLEAN
BURNING
GASO-
LINE.—The term ‘Federal clean burning gaso-
line’ means any gasoline which is certified by
the Administrator under this section as com-
plying with this subsection.
‘‘(F) 
CONVENTIONAL
GASOLINE.—The
term ‘conventional gasoline’ means any gasoline
which does not meet specifications set by a cer-
tification under this subsection and which is not
low RVP gasoline meeting the requirements of
section 211(h)(6).’’.
(2) The Clean Air Act is amended by striking the
term ‘‘reformulated gasoline’’ in each place it appears and
inserting in lieu thereof ‘‘Federal clean burning fuel’’.
(3) Except for purposes of section 211(v)(4)(D)(i) of
the Clean Air Act, as added by subsection (a) of this sec-
tion, the amendments made by this subsection shall take
effect on the date 4 years after the enactment of this Act.
For purposes of such section 211(v)(4)(D)(i), the amend-
ments made by this subsection shall take effect on the date
of the enactment of this Act.
SEC. 3. REPEAL OF OXYGEN CONTENT REQUIREMENT FOR
CERTAIN REFORMULATED GASOLINE.
Effective January 1, 2003, sections 211(k)(2)(B),
and 211(k)(3)(A)(v), and 211(k)(7)(A)(i) of the Clean Air
Act are repealed.
SEC. 4. ELIMINATION OF MTBE.
Section 
211(f) 
of 
the 
Clean 
Air 
Act 
(42
U.S.C.7545(f)) is amended by adding the following new
paragraph after paragraph (5):
‘‘(6) After January 1, 2006, it shall be unlawful for
any manufacturer of any fuel to introduce into commerce
any gasoline which contains methyl tertiary butyl ether
(MTBE).’’.
SEC. 5. RENEWABLE FUELS CONTENT OF GASOLINE.
Title II of the Clean Air Act is amended by adding
the following new section after section 211:
‘‘SEC. 212. RENEWABLE FUELS CONTENT OF GASOLINE.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BIOMASS.—The term ‘biomass’ means
lignocellulosic or hemicellulosic matter that is avail-
able on a renewable basis, including dedicated en-
ergy crops and trees, wood and wood residues,
plants, grasses, agricultural commodities and resi-
dues, fibers; and animal waste, municipal solid
waste, and other waste.
‘‘(2) RENEWABLE FUEL.—The term ‘renewable
fuel’ means fuel that—
‘‘(A) is ethanol or any other liquid fuel
produced from biomass; and
‘‘(B) is used to reduce the quantity of fos-
sil fuel present in gasoline used to operate a
motor vehicle.
‘‘(3) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency.
‘‘(b) RENEWABLE FUEL PROGRAM.—
‘‘(1) IN GENERAL.—The gasoline sold or intro-
duced into commerce in the United States in the cal-
endar year 2003 or any calendar year thereafter by
a refiner, blender, or importer for use in motor vehi-
cles shall, on an average annual basis, be comprised
of a quantity of renewable fuel that is not less than
the applicable percentage by volume for the annual
period.
‘‘(2) APPLICABLE PERCENTAGE.—
‘‘(A) IN GENERAL.—For the purposes of
paragraph (1), the applicable percentage for
any calendar year shall be determined in ac-
cordance with the following schedule, unless
modified under subparagraph (B):
Calendar year:
Applicable percentage of
renewable fuel:
2003 .........................................................................................
1.61
up to 2011 and thereafter .......................................................
2.43
‘‘(B) ADJUSTMENTS TO APPLICABLE PER-
CENTAGE.—On petition submitted by a State,
the Administrator, in consultation with the Sec-
retary of Energy and the Secretary of Agri-
culture, may lower the applicable percentage
specified in subparagraph (A) for one calendar
year with respect to gasoline sold or introduced
into commerce in the State, if the Adminis-
trator, after public notice and opportunity for
comment, determines that during the calendar
year there is likely to be an inadequate domes-
tic supply or distribution capacity in the State
to meet the applicable percentage specified in
subparagraph (A) for the calendar year.
‘‘(C) PETITIONS FOR ADJUSTMENT.—
‘‘(i) SUBMISSION.—A State shall sub-
mit a petition under subparagraph (B) not
later than April 1 of the year preceding the
calendar year for which the adjustment is
sought.
‘‘(ii) ACTION
ON
PETITIONS.—The
Administrator, in consultation with the
Secretary of Energy and the Secretary of
Agriculture, shall approve or deny a State
petition before the beginning of the cal-
endar year.
‘‘(c) CREDIT PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Adminis-
trator, in consultation with the Secretary of Energy
and the Secretary of Agriculture, shall promulgate
regulations providing for the generation of an appro-
priate amount of credits by a person that refines,
blends, or imports gasoline that contains, on an an-
nual average basis, a quantity of renewable fuel that
is greater than the quantity required for that annual
period under subsection (b).
‘‘(2) USE
OF
CREDITS.—A person that gen-
erates credits under paragraph (1) may use the
credits, hold the credits for later use, or transfer all
or a portion of the credits to another person, for the
purpose of complying with subsection (b).
‘‘(3) INABILITY
TO
PURCHASE
SUFFICIENT
CREDITS.—The regulations under paragraph (1)
shall include provisions allowing a refiner, blender,
or importer that is unable to purchase sufficient
credits to meet the requirements of subsection (b) to
enter into an enforceable agreement to generate or
purchase sufficient credits to make up for any defi-
ciency within a period of time specified in the agree-
ment.
‘‘(4) 
TESTING; 
REPORTS.—The 
regulations
under paragraph (1) may include provisions requir-
ing a refiner, blender, or importer—
‘‘(A) to conduct tests to ascertain the com-
position of fuels for the purpose of compliance
with subsection (b); and
‘‘(B) to submit to the Administrator peri-
odic reports on the composition of the fuels re-
fined, blended, or imported.
‘‘(d) CIVIL PENALTIES AND ENFORCEMENT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) IN
GENERAL.—The Administrator
may impose against a person that fails to com-
ply with subsection (b) or with a regulation
under subsection (c) a civil penalty in the
amount of—
‘‘(i) not more than $25,000 for each
day of the failure to comply; plus
‘‘(ii) the amount of economic benefit
realized by the person as a result of the
failure to comply.
‘‘(B) AVERAGING PERIOD.—Any failure to
comply with respect to a regulation under sub-
section (c) for any calendar year shall con-
stitute a separate day of failure of compliance
for each day of such year.
‘‘(2) ENFORCEMENT.—The Administrator may
bring a civil action in United States district court
for—
‘‘(A) an order enjoining a failure to comply
with subsection (b) or with a regulation under
subsection (c); and
‘‘(B) other appropriate relief.
‘‘(e) CONGRESSIONAL SUPPORT FOR ETHANOL.—It
is the sense of the Congress that it is in the national inter-
est to support the promotion of ethanol as the primary
renewable fuel to be used for purposes of satisfying the
requirements of this section.’’.
SEC. 6. STUDY OF EFFECT ON AIR QUALITY.
Within 7 years after the enactment of this Act, the
Administrator of the Environmental Protection Agency
shall complete and publish a study of the changes in the
emissions of any air pollutant and in air quality attrib-
utable to the amendments made by this Act.
Æ