‘‘(v)(I) For the purpose of alleviating an extreme and 
unusual fuel or fuel additive supply emergency resulting 
from a natural disaster, the President, in consultation 
with the Administrator of the Environmental Protection 
Agency and the Secretary of Energy— 
‘‘(aa) may temporarily waive any control or pro-
hibition respecting the use of a fuel or fuel additive 
required by this section; and 
‘‘(bb) may preempt and temporarily waive any 
related or equivalent control or prohibition respect-
ing the use of a fuel or fuel additive prescribed by 
a State or local statute or regulation, including any 
such requirement in a State implementation plan. 
‘‘(II) The effective period of a waiver under this 
clause shall be the time period necessary to permit the 
correction of the extreme and unusual fuel or fuel additive 
supply emergency caused by the natural disaster.’’; and 
(4) by inserting after clause (v) (as inserted by 
paragraph (3)) the following: 
‘‘(vi) A State shall not be subject to any finding, dis-
approval, or determination by the Administrator under 
section 179, no person may bring an action against a 
State or the Administrator under section 304, and the Ad-
ministrator shall not take any action under section 110(c) 
to require the revision of an applicable implementation
plan, because of any emissions attributable to a waiver 
granted by the Administrator under clause (ii) or by the 
President under clause (v).’’. 
SEC. 108. LIST OF FUEL BLENDS. 
(a) LIST OF BLENDS.—Section 211(c)(4)(C)(viii) of 
the Clean Air Act (42 U.S.C. 7545(c)(4)(C)(viii)), as so 
redesignated by section 107(1) of this Act, is amended— 
(1) by striking subclauses (I) through (V); 
(2) by redesignating subclause (VI) as sub-
clause (V); and 
(3) by inserting the following before subclause 
(V), as so redesignated by paragraph (2) of this sub-
section: 
‘‘(I) The Administrator, in coordination with the Sec-
retary of Energy (hereinafter in this clause referred to as 
the ‘Secretary’), shall identify and publish in the Federal 
Register, within 12 months after the enactment of this 
subclause and after notice and opportunity for public com-
ment, a list of 6 gasoline and diesel fuel blends to be used 
in States that have not received a waiver under section 
209(b) of this Act or any State dependent on refineries 
in such State for gasoline or diesel fuel supplies. The list 
shall be referred to as the ‘Federal Fuels List’ and shall 
include one Federal diesel fuel, one alternative diesel fuel 
blend approved under this subparagraph before enactment
of this subclause, one conventional gasoline for ozone at-
tainment areas, one reformulated gasoline (RFG) meeting 
the requirements of subsection (k), and 2 additional gaso-
line blends with Reid vapor pressure (RVP) controls for 
use in ozone nonattainment areas of varying degrees of 
severity. None of the fuel blends identified under this sub-
clause shall control fuel sulfur or toxics levels beyond lev-
els required by regulations of the Administrator. 
‘‘(II) Gasoline and diesel fuel blends shall be included 
on the Federal Fuels List based on the Administrator’s 
analysis of their ability to reduce ozone emissions to assist 
States in attaining established ozone standards under this 
Act, and on an analysis by the Secretary that the adoption 
of the Federal Fuels List will not result in a reduction 
in supply or in producibility, including that caused by a 
reduction in domestic refining capacity triggered by this 
clause. In the event the Secretary concludes that adoption 
of the Federal Fuels List will result in a reduction in sup-
ply or in producibility, the Administrator and the Sec-
retary shall report that conclusion to Congress, and sus-
pend implementation of this clause. The Administrator 
and the Secretary shall conduct the study required under 
section 1541(c) of the Energy Policy Act of 2005 on the 
timetable required in that section to provide Congress with 
legislative recommendations for modifications to the pro-