upon the maximum legal flexibility available under existing 
law, in order to enable energy industry facilities, including, 
but not limited to, refineries, electric power generating sta-
tions, and compressor stations, to undertake without hin-
drance, promptly and in the least-cost manner, projects to 
maintain, to restore, and to improve the efficiency, the reli-
ability, or the availability of such facilities. 
(b) DEFINITION.—Section 302 of the Clean Air Act (42 
U.S.C. 7602) is amended by adding the following new sub-
section at the end thereof: 
‘‘(aa) PHYSICAL CHANGE, OR CHANGE IN THE METH-
OD OF OPERATION OF EXISTING EMISSIONS UNIT.—For 
purposes of parts C and D of this title, the term ‘physical 
change, or change in the method of operation of,’ as applied 
to an existing emissions unit, means a ‘modification’ as 
defined in paragraphs (a), (b), (c), (e), and (h) of title 40 
of the Code of Federal Regulations, section 60.14 (as in ef-
fect on September 22, 2005), except that paragraph (h) shall 
apply to all industrial categories and paragraph (e)(1) 
shall include all repairs and replacements covered by sec-
tion 51.166(y) of title 40 of the Code of Federal Regulations 
(as in effect on December 31, 2004).’’.
SEC. 107. WAIVER AUTHORITY FOR EXTREME FUEL SUPPLY 
EMERGENCIES. 
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
7545) is amended— 
(1) by redesignating the second clause (v) as 
clause (viii); 
(2) by redesignating clause (v) as clause (vii); 
(3) by inserting after clause (iv) the following: 
‘‘(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 and the Secretary of Energy— 
‘‘(aa) may temporarily waive any control or 
prohibition respecting the use of a fuel or fuel addi-
tive required by this section; and 
‘‘(bb) may preempt and temporarily waive any 
related or equivalent control or prohibition respecting 
the use of a fuel or fuel additive prescribed by a State 
or local statute or regulation, including any such re-
quirement 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, except that such 
period shall not be longer than 90 days.
‘‘(III) A temporary waiver issued under this clause 
shall not permit an alteration of the properties of the fuel 
to the extent that the use of the fuel prevents the normal 
functioning of the vehicle, engine, component, system, or 
equipment in which the fuel is used or would materially 
degrade such functioning over the useful life of the vehicle, 
engine, component, system, or equipment.’’; 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 sec-
tion 179, no person may bring an action against a State 
or the Administrator under section 304, and the Adminis-
trator shall not take any action under section 110(c) to re-
quire 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 re-
designated by section 107(1) of this Act, is amended— 
(1) by striking subclauses (I) through (V); 
(2) by redesignating subclause (VI) as subclause 
(V); and