I 
109TH CONGRESS 
1ST SESSION H. R. 1493 
To amend the Clean Air Act to reduce the proliferation of boutique fuels, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2005 
Mr. BLUNT (for himself, Mr. RYAN of Wisconsin, Mr. GREEN of Wisconsin, 
Mr. ROGERS of Michigan, Mr. PETRI, Mr. SENSENBRENNER, Mr. KIRK, 
Mr. NEY, Mr. BRADY of Texas, Mr. ENGLISH of Pennsylvania, Mr. 
WICKER, Mr. BONILLA, Mr. SHADEGG, Mr. CANTOR, Mr. ISSA, Mr. SES-
SIONS, Mr. AKIN, and Mr. HERGER) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to reduce the proliferation 
of boutique fuels, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Boutique Fuels Elimi-
nation Act of 2005’’.
SEC. 2. REDUCING THE PROLIFERATION OF BOUTIQUE 
FUELS. 
(a) TEMPORARY WAIVERS DURING SUPPLY EMER-
GENCIES.—Section 211(c)(4)(C) of the Clean Air Act (42 
U.S.C. 7545(c)(4)(C)) is amended by inserting ‘‘(i)’’ after 
‘‘(C)’’ and by adding the following new clauses at the end 
thereof: 
‘‘(ii) The Administrator may temporarily waive a con-
trol or prohibition respecting the use of a fuel or fuel addi-
tive required or regulated by the Administrator pursuant 
to subsection (c), (h), (i), (k), or (m) of this section or 
prescribed in an applicable implementation plan under sec-
tion 110 approved by the Administrator under clause (i) 
of this subparagraph if, after consultation with, and con-
currence by, the Secretary of Energy, the Administrator 
determines that— 
‘‘(I) extreme and unusual fuel or fuel additive 
supply circumstances exist in a State or region of 
the Nation which prevent the distribution of an ade-
quate supply of the fuel or fuel additive to con-
sumers; 
‘‘(II) such extreme and unusual fuel and fuel 
additive supply circumstances are the result of a 
natural disaster, an Act of God, a pipeline or refin-
ery equipment failure, or another event that could 
not reasonably have been foreseen or prevented and
not the lack of prudent planning on the part of the 
suppliers of the fuel or fuel additive to such State 
or region; and 
‘‘(III) it is in the public interest to grant the 
waiver (for example, when a waiver is necessary to 
meet projected temporary shortfalls in the supply of 
the fuel or fuel additive in a State or region of the 
Nation which cannot otherwise be compensated for). 
‘‘(iii) If the Administrator makes the determinations 
required under clause (ii), such a temporary extreme and 
unusual fuel and fuel additive supply circumstances waiver 
shall be permitted only if— 
‘‘(I) the waiver applies to the smallest geo-
graphic area necessary to address the extreme and 
unusual fuel and fuel additive supply circumstances; 
‘‘(II) the waiver is effective for a period of 20 
calendar days or, if the Administrator determines 
that a shorter waiver period is adequate, for the 
shortest practicable time period necessary to permit 
the correction of the extreme and unusual fuel and 
fuel additive supply circumstances and to mitigate 
impact on air quality; 
‘‘(III) the waiver permits a transitional period, 
the exact duration of which shall be determined by 
the Administrator, after the termination of the tem-
porary waiver to permit wholesalers and retailers to 
blend down their wholesale and retail inventory; 
‘‘(IV) the waiver applies to all persons in the 
motor fuel distribution system; and 
‘‘(V) the Administrator has given public notice 
to all parties in the motor fuel distribution system, 
local and State regulators, public interest groups, 
and consumers in the State or region to be covered 
by the waiver. 
The term ‘motor fuel distribution system’ as used in this 
clause shall be defined by the Administrator through rule-
making. 
‘‘(iv) Within 180 days of the date of enactment of 
this clause, the Administrator shall promulgate regula-
tions to implement clauses (ii) and (iii). 
‘‘(v) Nothing in this subparagraph shall— 
‘‘(I) limit or otherwise affect the application of 
any other waiver authority of the Administrator pur-
suant to this section or pursuant to a regulation 
promulgated pursuant to this section; and 
‘‘(II) subject any State or person to an enforce-
ment action, penalties, or liability solely arising from 
actions taken pursuant to the issuance of a waiver 
under this subparagraph.’’.
(b) LIMIT ON NUMBER OF BOUTIQUE FUELS.—Sec-
tion 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
7545(c)(4)), as amended by subsection (a), is further 
amended by adding at the end the following: 
‘‘(v)(I) The Administrator shall have 
no authority, when considering a State im-
plementation plan or a State implementa-
tion plan revision, to approve under this 
paragraph any fuel included in such plan 
or revision if the effect of such approval 
would be to increase the total number of 
fuels approved under this paragraph as of 
September 1, 2004 in all State implemen-
tation plans; 
‘‘(II) The Administrator, in consulta-
tion with the Secretary of Energy, shall de-
termine the total number of fuels approved 
under this paragraph as of September 1, 
2004, in all State implementation plans 
and shall publish a list of such fuels, in-
cluding the states and Petroleum Adminis-
tration for Defense District in which they 
are used, in the Federal Register for public 
review and comment no later than 90 days 
after enactment.
‘‘(III) The Administrator shall remove 
a fuel from the list published under sub-
clause (II) if a fuel ceases to be included 
in a State implementation plan or if a fuel 
in a State implementation plan is identical 
to a Federal fuel formulation implemented 
by the Administrator, but the Adminis-
trator shall not reduce the total number of 
fuels authorized under the list published 
under subclause (II). 
‘‘(IV) Subclause (I) shall not limit the 
Administrator’s authority to approve a 
control or prohibition respecting any new 
fuel under this paragraph in a State imple-
mentation plan or revision to a State im-
plementation plan if such new fuel: 
‘‘(aa) completely replaces a fuel 
on the list published under subclause 
(II); or 
‘‘(bb) does not increase the total 
number of fuels on the list published 
under paragraph (II) as of September 
1, 2004. 
In the event that the total number of fuels 
on the list published under subclause (II)
at the time of the Administrator’s consid-
eration of a control or prohibition respect-
ing a new fuel is lower than the total num-
ber of fuels on such list as of September 
1, 2004, the Administrator may approve a 
control or prohibition respecting a new fuel 
under this subclause if the Administrator, 
after consultation with the Secretary of 
Energy, publishes in the Federal Register, 
after notice and comment, a finding that, 
in the Administrator’s judgment, such con-
trol or prohibition respecting a new fuel 
will not cause fuel supply or distribution 
interruptions or have a significant adverse 
impact on fuel producibility in the affected 
area or contiguous areas. 
‘‘(V) Except for a fuel with a sum-
mertime Reid Vapor Pressure of 7.0 
pounds per square inch, the Administrator 
shall have no authority under this para-
graph, when considering any particular 
State’s implementation plan or a revision 
to that State’s implementation plan, to ap-
prove any fuel unless that fuel was, as of 
the date of such consideration, approved in
at least one State implementation plan in 
the applicable Petroleum Administration 
for Defense District. 
‘‘(VI) Nothing in this clause shall be 
construed to prohibit a State from requir-
ing the use of an alcohol or bio-diesel fuel 
additive registered in accordance with sub-
section (b), including any alcohol or bio- 
diesel fuel additive registered after the en-
actment of this subclause; however, this 
clause shall be construed to prohibit a 
State from requiring the use of any other 
fuel additive registered in accordance with 
subsection (b), including any other fuel ad-
ditive registered after the enactment of 
this subclause.’’. 
(c) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that States should seek to maximize the environ-
mental benefits available from the fuels authorized under 
subsection (b). 
(d) STUDY AND REPORT TO CONGRESS ON BOU-
TIQUE FUELS.— 
(1) JOINT STUDY.—The Administrator of the 
Environmental Protection Agency and the Secretary 
of Energy shall undertake a study of the effects on
air quality, on the number of fuel blends, on fuel 
availability, on fuel fungibility, and on fuel costs of 
the State plan provisions adopted pursuant to sec-
tion 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
7545(c)(4)(C)). 
(2) FOCUS OF STUDY.—The primary focus of 
the study required under paragraph (1) shall be to 
determine how to develop a Federal fuels system 
that maximizes motor fuel fungibility and supply, 
preserves air quality standards, and reduces motor 
fuel price volatility that results from the prolifera-
tion of boutique fuels, and to recommend to Con-
gress such legislative changes as are necessary to 
implement such a system. The study should include 
the impacts on overall energy supply, distribution, 
and use as a result of the legislative changes rec-
ommended. In addition, the study shall examine the 
need for additional, cleaner motor fuel reformula-
tions to assist states in complying with the ozone 
National Ambient Air Quality Standard. 
(3) RESPONSIBILITY
OF
ADMINISTRATOR.—In 
carrying out the study required by this section, the 
Administrator shall coordinate obtaining comments 
from affected parties interested in the air quality 
impact assessment portion of the study. The Admin-
istrator shall use sound and objective science prac-
tices, shall consider the best available science, and 
shall consider and include a description of the 
weight of the scientific evidence. 
(4) RESPONSIBILITY OF SECRETARY.—In car-
rying out the study required by this section, the Sec-
retary shall coordinate obtaining comments from af-
fected parties interested in the fuel availability, 
number of fuel blends, fuel fungibility and fuel costs 
portion of the study. 
(5) PUBLIC
PARTICIPATION.—The Adminis-
trator and the Secretary shall appoint a task force 
of interested parties, including but not limited to 
representatives of Federal, State and local govern-
ments, fuel manufacturers, suppliers, and marketers 
and public interest groups, to provide information to 
the Administrator and the Secretary and to assist in 
the development of the recommendations to be in-
cluded in the report to Congress under paragraph 
(5). 
(6) REPORT TO CONGRESS.—The Administrator 
and the Secretary jointly shall submit the results of 
the study required by this section in a report to the 
Congress not later than 12 months after the date of 
the enactment of this Act, together with any rec-
ommended regulatory and legislative changes. Such 
report shall be submitted to the Committee on En-
ergy and Commerce of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated jointly to the 
Administrator and the Secretary $500,000 for the 
completion of the study required under this sub-
section. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency. 
(2) The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(3) The term ‘‘fuel’’ means gasoline, diesel fuel, 
and any other liquid petroleum product commercially 
known as gasoline and diesel fuel for use in highway 
and non-road motor vehicles. 
(4) The term ‘‘a control or prohibition respect-
ing a new fuel’’ means a control or prohibition on 
the formulation, composition, or emissions character-
istics of a fuel that would require the increase or de-
crease of a constituent in gasoline or diesel fuel. 
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