I
107TH CONGRESS
1ST SESSION
H. R. 20
To amend section 211 of the Clean Air Act to modify the provisions regarding
the oxygen content of reformulated gasoline and to improve the regulation
of the fuel additive, methyl tertiary butyl ether (MTBE), and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. GREENWOOD introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend section 211 of the Clean Air Act to modify the
provisions regarding the oxygen content of reformulated
gasoline and to improve the regulation of the fuel addi-
tive, methyl tertiary butyl ether (MTBE), 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. WAIVER OF OXYGEN CONTENT REQUIRE-
MENTS.
Section 211(k) of the Clean Air Act (42 U.S.C.
7545(k)) is amended by adding the following new para-
graph at the end:
‘‘(11) WAIVER OF OXYGEN CONTENT REQUIRE-
MENT.—
‘‘(A) IN GENERAL.—Upon petition to the
Administrator by the Governor of a State, the
Administrator shall waive any oxygen content
requirement in effect under this subsection for
that State.
‘‘(B) ACTION
BY
ENVIRONMENTAL
PRO-
TECTION
AGENCY.—Not later than 270 days
after the date of receipt of a petition submitted
under subparagraph (A), the Administrator
shall grant the waiver of the oxygen content re-
quirement requested in the petition. If, by the
date that is 270 days after the date of receipt
of such a petition, the Administrator has not
granted the petition, the petition shall be
deemed to be granted. The waiver under this
subparagraph shall take effect on the date 90
days after the petition is granted or deemed
granted unless the Administrator establishes an
earlier effective date.
‘‘(C) SPECIAL RULE.—The oxygen content
requirement in effect under this subsection shall
not apply to a State referred to in subsection
(c)(4)(B).’’.
SEC. 2. CONTROL OF OXYGENATES.
(a) EPA AUTHORITY.—(1) Section 211(c)(1) of the
Clean Air Act (42 U.S.C. 7545(c)(1)) is amended by in-
serting ‘‘(A)’’ after ‘‘(1)’’ by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii) and by adding the fol-
lowing at the end thereof:
‘‘(B) The Administrator may, by regulation, control
or prohibit the use of any oxygenate (including methyl ter-
tiary butyl ether, ‘MTBE’) as a fuel, or fuel additive for
fuel, for use in a motor vehicle, motor vehicle engine, or
nonroad engine or nonroad vehicle if in the judgment of
the Administrator such oxygenate causes or contributes to
contamination of drinking water which may reasonably be
anticipated to endanger public health, welfare, or the envi-
ronment in the United States.’’.
(2) Section 211(c)(2)(A) of such Act (42 U.S.C.
7545(c)(2)(A)) is amended by inserting ‘‘(i) of subpara-
graph’’ before ‘‘(A) of paragraph’’.
(3) Section 211(c)(2)(B) of such Act (42 U.S.C.
7545(c)(2)(B)) is amended by striking ‘‘(B)’’ and insert-
ing ‘‘(ii) of subparagraph (A)’’.
(4) Section 211(c)(2)(C) of such Act (42 U.S.C.
7545(c)(2)(C)) is amended by inserting ‘‘clause (i) or (ii)
of subparagraph (A) of’’ before ‘‘paragraph (1)’’.
(5) Section 211(c)(2) of such Act (42 U.S.C.
7545(c)(2)) is amended by adding the following at the end
thereof:
‘‘(D) If the Administrator seeks to control or prohibit
the use of any oxygenate under subparagraph (B) of para-
graph (1), the Administrator shall take into account infor-
mation as to whether such control or prohibition will affect
the use of any other oxygenate in a manner which may
reasonably be anticipated to endanger public health, wel-
fare, or the environment in the United States.’’.
(b) MTBE LEVELS.—Section 211(c) of the Clean Air
Act (42 U.S.C. 7545(c)) is amended by adding the fol-
lowing at the end thereof:
‘‘(5) MTBE LEVELS.—Within 1 year after the enact-
ment of this paragraph, the Administrator shall promul-
gate regulations to require that, for the calendar year be-
ginning January 1, 2005, and for each calendar year
thereafter, the annual volume of methyl tertiary butyl
ether (MTBE) manufactured or introduced into commerce
in a calendar year in the United States for use as a fuel,
or fuel additive for fuel, for use in a motor vehicle, motor
vehicle engine, or nonroad engine or nonroad vehicle shall
not exceed the average annual volume of MTBE estimated
by the Administrator to have been manufactured or intro-
duced into commerce in calendar years 1986 through 1991
in the United States for use as a fuel or fuel additive for
fuel, for use in a motor vehicle, motor vehicle engine, or
nonroad engine or nonroad vehicle. The regulations under
this paragraph may include regulations regarding the
quantity of MTBE on a per-gallon basis or annual average
basis provided that such an annual average standard has
associated with it a per-gallon maximum standard.’’.
(c) STATE AUTHORITY.—Section 211(c)(4) of the
Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by add-
ing the following at the end:
‘‘(D) The Administrator may permit any State to
prescribe and enforce controls or prohibitions on the use
of methyl tertiary butyl ether (MTBE) as a fuel additive
in fuel offered for sale, or sold, at retail in a calendar year
in that State in order to reduce the volume of MTBE of-
fered for sale, or sold, at retail in that State to levels below
the levels estimated by the State to be offered for sale,
or sold, at retail in that State under paragraph (1)(B)
or (5). The Administrator may also permit any such State
to establish such controls or prohibitions on MTBE on a
more expeditious schedule than required under paragraph
(1)(B) or (5). Any State seeking additional controls or
prohibitions or a more expeditious schedule under this
subparagraph shall submit a petition to the Administrator.
The Administrator may only grant such a petition if the
mulgate, regulations under this subparagraph
(consistent with section 211(k)(3)(B)(ii) of the
Clean Air Act) establishing regional perform-
ance standards to ensure that the levels of re-
ductions of toxic air pollutants achieved under
the Reformulated Gasoline Program in effect
under this subsection are maintained in areas
where the oxygen content requirement is waived
under paragraph (11).
‘‘(ii) For purposes of establishing regional
performance standards under this subpara-
graph, the Administrator shall determine the
reductions of toxic air pollutants achieved under
the Reformulated Gasoline Program in effect
under this subsection on average in calendar
years 1998 and 1999 in various regions se-
lected, in consultation with the Secretary of En-
ergy. Such regions shall be selected on the basis
of the existing gasoline distribution and supply
network to the extent practicable. The Adminis-
trator’s determination shall be based on compli-
ance survey data, other appropriate and reliable
data and the Environmental Protection Agen-
cy’s existing Phase II complex model.
content requirement is waived under paragraph
(11).’’.
(b) CRITERIA AIR POLLUTANTS.—Section 211 of the
Clean Air Act (42 U.S.C. 7545) is amended by adding
at the end the following:
‘‘(p) CONVENTIONAL GASOLINE.—
‘‘(1) IN GENERAL.—Not later than October 1,
2007—
‘‘(A) the Administrator shall determine
whether the use of conventional gasoline during
the period of calendar years 2005 and 2006 re-
sulted in a greater volume of emissions of cri-
teria air pollutants listed under section 108, de-
termined on the basis of a weighted average of
those pollutants, than the volume of such emis-
sions during the period of calendar years 1998
and 1999; and
‘‘(B) if the Administrator determines that
a significant increase in emissions occurred, the
Administrator shall promulgate such regula-
tions under subsection (c) concerning the use of
conventional gasoline as are appropriate regard-
ing that increase.
‘‘(2) APPLICABILITY TO CERTAIN STATES.—The
Administrator shall make the determination under
paragraph (1)(A) without regard to, and the regula-
tions promulgated under paragraph (1)(B) shall not
apply to, any State that has received a waiver under
section 209(b).’’.
SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY.
Any regulation or modification of fuel properties pro-
mulgated by, or approved by the Administrator of the En-
vironmental Protection Agency under the amendments
made by this Act, shall take into account the need to pro-
vide lead time for refinery and fuel distribution system
modifications necessary to assure adequate fuel supply for
all States. Such regulation or modification shall include
provisions for the banking and trading of allowances with-
in, but not between, the regions referred to in section
211(k)(3)(C) of the Clean Air Act.
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