794
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 implementation plan or a State
implementation plan revision, to approve under this para-
graph any fuel included in such plan or revision if the ef-
fect of such approval increases the total number of fuels
approved under this paragraph as of September 1, 2004,
in all State implementation plans.
‘‘(II) The Administrator, in consultation with the
Secretary of Energy, shall determine 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, including the states and Petroleum
Administration for Defense District in which they are
used, in the Federal Register for public review and com-
ment no later than 90 days after enactment.
‘‘(III) The Administrator shall remove a fuel from the
list published under subclause (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
795
formulation implemented by the Administrator, but the
Administrator shall not reduce the total number of fuels
authorized under the list published under subclause (II).
‘‘(IV) Subclause (I) shall not limit the Administra-
tor’s authority to approve a control or prohibition respect-
ing any new fuel under this paragraph in a State imple-
mentation plan or revision to a State implementation plan
if such new fuel:
‘‘(aa) completely replaces a fuel on the list pub-
lished under subclause (II); or
‘‘(bb) does not increase the total number of
fuels on the list published under subclause (II) as of
September 1, 2004.
In the event that the total number of fuels on the list pub-
lished under subclause (II) at the time of the Administra-
tor’s consideration of a control or prohibition respecting
a new fuel is lower than the total number of fuels on such
list as of September 1, 2004, the Administrator may ap-
prove 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 Adminis-
trator’s judgment, such control or prohibition respecting
a new fuel will not cause fuel supply or distribution inter-
796
ruptions or have a significant adverse impact on fuel
producibility in the affected area or contiguous areas.
‘‘(V) The Administrator shall have no authority
under this paragraph, when considering any particular
State’s implementation plan or a revision to that State’s
implementation plan, to approve any fuel unless that fuel
was, as of the date of such consideration, approved in at
least one State implementation plan in the applicable Pe-
troleum Administration for Defense District. However, the
Administrator may approve as part of a State implementa-
tion plan or State implementation plan revision a fuel with
a summertime Reid Vapor Pressure of 7.0 psi. In no event
shall such approval by the Administrator cause an increase
in the total number of fuels on the list published under
subclause (II).
‘‘(VI) Nothing in this clause shall be construed to
have any effect regarding any available authority of States
to require the use of any fuel additive registered in accord-
ance with subsection (b), including any fuel additive reg-
istered in accordance with subsection (b) after the enact-
ment of this subclause.’’.
(c) STUDY AND REPORT TO CONGRESS ON BOU-
TIQUE FUELS.—
(1) JOINT STUDY.—The Administrator of the
Environmental Protection Agency and the Secretary
797
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,
addresses air quality requirements, and reduces
motor fuel price volatility including that which has
resulted from the proliferation of boutique fuels, and
to recommend to Congress 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 legis-
lative changes recommended.
(3) CONDUCT OF STUDY.—In carrying out their
joint duties under this section, the Administrator
and the Secretary shall use sound science and objec-
tive science practices, shall consider the best avail-
able science, shall use data collected by accepted
means and shall consider and include a description
of the weight of the scientific evidence. The Adminis-
798
trator and the Secretary shall coordinate the study
required by this section with other studies required
by the act and shall endeavor to avoid duplication of
effort with regard to such studies.
(4) 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.
(5) 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.
(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.