(B) in paragraph (3)(A), by striking clause 
(v); and 
(C) in paragraph (7)—
(i) in subparagraph (A)—
(I) by striking clause (i); and 
(II) by redesignating clauses (ii) 
and (iii) as clauses (i) and (ii), respec-
tively; and 
(ii) in subparagraph (C)—
(I) by striking clause (ii); and 
(II) by redesignating clause (iii) 
as clause (ii). 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect on the date that is 1 
year after the date of enactment of this Act, except 
that the amendments shall take effect upon that 
date of enactment in any State that has received a 
waiver under section 209(b) of the Clean Air Act 
(42 U.S.C. 7543(b)). 
(b) MAINTENANCE OF TOXIC AIR POLLUTANT EMIS-
SION REDUCTIONS.—Section 211(k)(1) of the Clean Air 
Act (42 U.S.C. 7545(k)(1)) is amended—
(1) by striking ‘‘Within 1 year after the enact-
ment of the Clean Air Act Amendments of 1990,’’ 
and inserting the following:
‘‘(A) IN
GENERAL.—Not later than No-
vember 15, 1991,’’; and 
(2) by adding at the end the following: 
‘‘(B) MAINTENANCE OF TOXIC AIR POL-
LUTANT EMISSIONS REDUCTIONS FROM REFOR-
MULATED GASOLINE.—
‘‘(i) DEFINITION OF PADD.—In this 
subparagraph, the term ‘PADD’ means a 
Petroleum Administration for Defense Dis-
trict. 
‘‘(ii) REGULATIONS REGARDING EMIS-
SIONS
OF
TOXIC
AIR
POLLUTANTS.—Not 
later than 270 days after the date of en-
actment of this subparagraph, the Admin-
istrator shall establish, for each refinery or 
importer, standards for toxic air pollutants 
from use of the reformulated gasoline pro-
duced or distributed by the refinery or im-
porter that maintain the reduction of the 
average annual aggregate emissions of 
toxic air pollutants for reformulated gaso-
line produced or distributed by the refinery 
or importer during calendar years 2001 
and 2002, determined on the basis of data
collected by the Administrator with respect 
to the refinery or importer. 
‘‘(iii) STANDARDS
APPLICABLE
TO 
SPECIFIC REFINERIES OR IMPORTERS.—
‘‘(I) APPLICABILITY
OF
STAND-
ARDS.—For any calendar year, the 
standards applicable to a refinery or 
importer under clause (ii) shall apply 
to the quantity of gasoline produced 
or distributed by the refinery or im-
porter in the calendar year only to the 
extent that the quantity is less than 
or equal to the average annual quan-
tity of reformulated gasoline produced 
or distributed by the refinery or im-
porter during calendar years 2001 
and 2002. 
‘‘(II) APPLICABILITY OF OTHER 
STANDARDS.—For any calendar year, 
the quantity of gasoline produced or 
distributed by a refinery or importer 
that is in excess of the quantity sub-
ject to subclause (I) shall be subject 
to standards for toxic air pollutants
promulgated under subparagraph (A) 
and paragraph (3)(B). 
‘‘(iv) CREDIT PROGRAM.—The Admin-
istrator shall provide for the granting and 
use of credits for emissions of toxic air pol-
lutants in the same manner as provided in 
paragraph (7). 
‘‘(v) 
REGIONAL
PROTECTION
OF 
TOXICS REDUCTION BASELINES.—
‘‘(I) IN
GENERAL.—Not later 
than 60 days after the date of enact-
ment of this subparagraph, and not 
later than April 1 of each calendar 
year that begins after that date of en-
actment, the Administrator shall pub-
lish in the Federal Register a report 
that specifies, with respect to the pre-
vious calendar year—
‘‘(aa) the quantity of refor-
mulated gasoline produced that is 
in excess of the average annual 
quantity of reformulated gasoline 
produced in 2001 and 2002; and 
‘‘(bb) the reduction of the 
average annual aggregate emis-
sions of toxic air pollutants in 
each PADD, based on retail sur-
vey data or data from other ap-
propriate sources. 
‘‘(II) EFFECT
OF
FAILURE
TO 
MAINTAIN
AGGREGATE
TOXICS
RE-
DUCTIONS.—If, in any calendar year, 
the reduction of the average annual 
aggregate emissions of toxic air pol-
lutants in a PADD fails to meet or 
exceed the reduction of the average 
annual aggregate emissions of toxic 
air pollutants in the PADD in cal-
endar years 2001 and 2002, the Ad-
ministrator, not later than 90 days 
after the date of publication of the re-
port for the calendar year under sub-
clause (I), shall—
‘‘(aa) identify, to the max-
imum extent practicable, the rea-
sons for the failure, including the 
sources, volumes, and character-
istics of reformulated gasoline 
that contributed to the failure; 
and
‘‘(bb) promulgate revisions 
to the regulations promulgated 
under clause (ii), to take effect 
not earlier than 180 days but not 
later than 270 days after the 
date of promulgation, to provide 
that, 
notwithstanding 
clause 
(iii)(II), all reformulated gasoline 
produced or distributed at each 
refinery or importer shall meet 
the standards applicable under 
clause (ii) not later than April 1 
of the year following the report 
under this subclause and for sub-
sequent years. 
‘‘(vi) 
REGULATIONS
TO
CONTROL 
HAZARDOUS
AIR
POLLUTANTS
FROM 
MOTOR
VEHICLES
AND
MOTOR
VEHICLE 
FUELS.—Not later than July 1, 2006, the 
Administrator shall promulgate final regu-
lations to control hazardous air pollutants 
from motor vehicles and motor vehicle 
fuels, as provided for in section 80.1045 of 
title 40, Code of Federal Regulations (as
in effect on the date of enactment of this 
subparagraph).’’. 
(c) CONSOLIDATION IN REFORMULATED GASOLINE 
REGULATIONS.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency shall revise the reformulated 
gasoline regulations under subpart D of part 80 of title 
40, Code of Federal Regulations (or any successor regula-
tions), to consolidate the regulations applicable to VOC-
Control Regions 1 and 2 under section 80.41 of that title 
by eliminating the less stringent requirements applicable 
to gasoline designated for VOC-Control Region 2 and in-
stead applying the more stringent requirements applicable 
to gasoline designated for VOC-Control Region 1. 
(d) AUTHORITY
OF ADMINISTRATOR.—Nothing in 
this section affects or prejudices any legal claim or action 
with respect to regulations promulgated by the Adminis-
trator of the Environmental Protection Agency before the 
date of enactment of this Act regarding—
(1) emissions of toxic air pollutants from motor 
vehicles; or 
(2) the adjustment of standards applicable to a 
specific refinery or importer made under the prior 
regulations.
(e) DETERMINATION REGARDING
A STATE PETI-
TION.—Section 211(k) of the Clean Air Act (42 U.S.C. 
7545(k)) is amended by inserting after paragraph (10) the 
following: 
‘‘(11) Determination regarding a state peti-
tion—
‘‘(A) In general- Notwithstanding any 
other provision of this section, not later than 30 
days after the date of enactment of this para-
graph, the Administrator shall determine the 
adequacy of any petition received from a Gov-
ernor of a State to exempt gasoline sold in that 
State from the requirements under paragraph 
(2)(B). 
‘‘(B) 
APPROVAL.—If 
a 
determination 
under subparagraph (A) is not made by the 
date that is 30 days after the date of enactment 
of this paragraph, the petition shall be consid-
ered to be approved.’’. 
SEC. 202. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS 
OF FUELS AND FUEL ADDITIVES. 
Section 211(b) of the Clean Air Act (42 U.S.C. 
7545(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘may also’’ and inserting 
‘‘shall, on a regular basis,’’; and 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) to conduct tests to determine poten-
tial public health and environmental effects of 
the fuel or additive (including carcinogenic, 
teratogenic, or mutagenic effects); and’’; and 
(2) by adding at the end the following: 
‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND 
BLENDSTOCKS.—
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this paragraph, 
the Administrator shall—
‘‘(i) conduct a study on the effects on 
public health, air quality, and water re-
sources of increased use of, and the feasi-
bility of using as substitutes for methyl 
tertiary butyl ether in gasoline—
‘‘(I) ethyl tertiary butyl ether; 
‘‘(II) tertiary amyl methyl ether; 
‘‘(III) di-isopropyl ether; 
‘‘(IV) tertiary butyl alcohol;
‘‘(V) other ethers and heavy alco-
hols, as determined by the Adminis-
trator; 
‘‘(VI) ethanol; 
‘‘(VII) iso-octane; and 
‘‘(VIII) alkylates; 
‘‘(ii) conduct a study on the effects on 
public health, air quality, and water re-
sources of the adjustment for ethanol-
blended reformulated gasoline to the VOC 
performance requirements otherwise appli-
cable 
under 
sections 
211(k)(1) 
and 
211(k)(3); and 
‘‘(iii) submit to the Committee on En-
vironment and Public Works of the Senate 
and the Committee on Energy and Com-
merce of the House of Representatives a 
report describing the results of these stud-
ies. 
‘‘(B) CONTRACTS
FOR
STUDY.—In car-
rying out this paragraph, the Administrator 
may enter into one or more contracts with non-
governmental entities including but not limited 
to National Energy Laboratories and institu-
tions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 
U.S.C. 1001)).’’. 
SEC. 203. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended by inserting after subsection (o) (as added by 
section 101(a)(2)) the following: 
‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL CHANGES 
AND EMISSIONS MODEL.—
‘‘(1) ANTI-BACKSLIDING ANALYSIS.—
‘‘(A) DRAFT ANALYSIS.—Not later than 4 
years after the date of enactment of this sub-
section, the Administrator shall publish for pub-
lic comment a draft analysis of the changes in 
emissions of air pollutants and air quality due 
to the use of motor vehicle fuel and fuel addi-
tives resulting from implementation of the 
amendments made by the Renewable Fuels Act 
of 2005. 
‘‘(B) FINAL ANALYSIS.—After providing a 
reasonable opportunity for comment, but not 
later than 5 years after the date of enactment 
of this paragraph, the Administrator shall pub-
lish the analysis in final form. 
‘‘(2) EMISSIONS MODEL.—For the purposes of 
this subsection, as soon as the necessary data are
available, the Administrator shall develop and final-
ize an emissions model that reasonably reflects the 
effects of gasoline characteristics or components on 
emissions from vehicles in the motor vehicle fleet 
during calendar year 2005.’’. 
SEC. 204. ADDITIONAL OPT-IN AREAS UNDER REFORMU-
LATED GASOLINE PROGRAM. 
Section 211(k)(6) of the Clean Air Act (42 U.S.C. 
7545(k)(6)) is amended to read as follows: 
(1) by striking ‘‘(6) OPT-IN
AREAS.—(A) 
Upon’’ and inserting the following: 
‘‘(6) OPT-IN AREAS.—
‘‘(A) CLASSIFIED AREAS.—
‘‘(i) IN GENERAL.—Upon’’; 
(2) in subparagraph (B), by striking ‘‘(B) If’’ 
and inserting the following: 
‘‘(ii) EFFECT OF INSUFFICIENT DO-
MESTIC CAPACITY TO PRODUCE REFORMU-
LATED GASOLINE.—If’’; 
(3) in subparagraph (A)(ii) (as redesignated by 
paragraph (2))—
(A) in the first sentence, by striking ‘‘sub-
paragraph (A)’’ and inserting ‘‘clause (i)’’; and
(B) in the second sentence, by striking 
‘‘this paragraph’’ and inserting ‘‘this subpara-
graph’’; and 
(4) by adding at the end the following: 
‘‘(B) OZONE TRANSPORT REGION.—
‘‘(i) APPLICATION OF PROHIBITION.—
‘‘(I) IN
GENERAL.—In addition 
to the provisions of subparagraph (A), 
upon the application of the Governor 
of a State in the ozone transport re-
gion established by section 184(a),the 
Administrator, not later than 180 
days after the date of receipt of the 
application, shall apply the prohibition 
specified in paragraph (5) to any area 
in the State (other than an area clas-
sified as a marginal, moderate, seri-
ous, or severe ozone nonattainment 
area under subpart 2 of part D of 
title I) unless the Administrator deter-
mines under clause (iii) that there is 
insufficient capacity to supply refor-
mulated gasoline. 
‘‘(II) PUBLICATION OF APPLICA-
TION.—As soon as practicable after
the date of receipt of an application 
under subclause (I), the Adminis-
trator shall publish the application in 
the Federal Register. 
‘‘(ii) PERIOD
OF
APPLICABILITY.—
Under clause (i), the prohibition specified 
in paragraph (5) shall apply in a State—
‘‘(I) commencing as soon as prac-
ticable but not later than 2 years 
after the date of approval by the Ad-
ministrator of the application of the 
Governor of the State; and 
‘‘(II) ending not earlier than 4 
years after the commencement date 
determined under subclause (I). 
‘‘(iii) EXTENSION OF COMMENCEMENT 
DATE
BASED
ON
INSUFFICIENT
CAPAC-
ITY.—
‘‘(I) IN GENERAL.—If, after re-
ceipt of an application from a Gov-
ernor of a State under clause (i), the 
Administrator determines, on the Ad-
ministrator’s own motion or on peti-
tion of any person, after consultation 
with the Secretary of Energy, that
there is insufficient capacity to supply 
reformulated gasoline, the Adminis-
trator, by regulation—
‘‘(aa) shall extend the com-
mencement date with respect to 
the State under clause (ii)(I) for 
not more than 1 year; and 
‘‘(bb) may renew the exten-
sion under item (aa) for 2 addi-
tional periods, each of which 
shall not exceed 1 year. 
‘‘(II) DEADLINE FOR ACTION ON 
PETITIONS.—The Administrator shall 
act on any petition submitted under 
subclause (I) not later than 180 days 
after the date of receipt of the peti-
tion.’’. 
SEC. 205. FEDERAL ENFORCEMENT OF STATE FUELS RE-
QUIREMENTS. 
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
7545(c)(4)(C)) is amended—
(1) by striking ‘‘(C) A State’’ and inserting the 
following:
‘‘(C) AUTHORITY OF STATE TO CONTROL 
FUELS AND FUEL ADDITIVES FOR REASONS OF 
NECESSITY.—
‘‘(i) IN GENERAL.—A State’’; and 
(2) by adding at the end the following: 
‘‘(ii) ENFORCEMENT BY THE ADMINISTRATOR.—In 
any case in which a State prescribes and enforces a control 
or prohibition under clause (i), the Administrator, at the 
request of the State, shall enforce the control or prohibi-
tion as if the control or prohibition had been adopted 
under the other provisions of this section.’’. 
SEC. 206. FUEL SYSTEM REQUIREMENTS HARMONIZATION 
STUDY. 
(a) STUDY.—
(1) IN
GENERAL.—The Administrator of the 
Environmental Protection Agency and the Secretary 
of Energy shall jointly conduct a study of Federal, 
State, and local requirements concerning motor vehi-
cle fuels, including—
(A) requirements relating to reformulated 
gasoline, volatility (measured in Reid vapor 
pressure), oxygenated fuel, and diesel fuel; and 
(B) other requirements that vary from 
State to State, region to region, or locality to 
locality.
(2) REQUIRED ELEMENTS.—The study shall as-
sess—
(A) the effect of the variety of require-
ments described in paragraph (1) on the supply, 
quality, and price of motor vehicle fuels avail-
able to the consumer; 
(B) the effect of the requirements de-
scribed in paragraph (1) on achievement of—
(i) national, regional, and local air 
quality standards and goals; and 
(ii) related environmental and public 
health protection standards and goals; 
(C) the effect of Federal, State, and local 
motor vehicle fuel regulations, including mul-
tiple motor vehicle fuel requirements, on—
(i) domestic refineries; 
(ii) the fuel distribution system; and 
(iii) industry investment in new capac-
ity; 
(D) the effect of the requirements de-
scribed in paragraph (1) on emissions from ve-
hicles, refineries, and fuel handling facilities; 
(E) the feasibility of developing national or 
regional motor vehicle fuel slates for the 48 
contiguous States that, while protecting and im-
proving air quality at the national, regional, 
and local levels, could—
(i) enhance flexibility in the fuel dis-
tribution infrastructure and improve fuel 
fungibility; 
(ii) reduce price volatility and costs to 
consumers and producers; 
(iii) provide increased liquidity to the 
gasoline market; and 
(iv) enhance fuel quality, consistency, 
and supply; and 
(F) the feasibility of providing incentives, 
and the need for the development of national 
standards necessary, to promote cleaner burn-
ing motor vehicle fuel. 
(b) REPORT.—
(1) IN
GENERAL.—Not later than June 1, 
2006, the Administrator of the Environmental Pro-
tection Agency and the Secretary of Energy shall 
submit to Congress a report on the results of the 
study conducted under subsection (a). 
(2) RECOMMENDATIONS.—
(A) IN GENERAL.—The report shall con-
tain recommendations for legislative and admin-
istrative actions that may be taken—
(i) to improve air quality; 
(ii) to reduce costs to consumers and 
producers; and 
(iii) to increase supply liquidity. 
(B) 
REQUIRED
CONSIDERATIONS.—The 
recommendations under subparagraph (A) shall 
take into account the need to provide advance 
notice of required modifications to refinery and 
fuel distribution systems in order to ensure an 
adequate supply of motor vehicle fuel in all 
States. 
(3) CONSULTATION.—In developing the report, 
the Administrator of the Environmental Protection 
Agency and the Secretary of Energy shall consult 
with—
(A) the Governors of the States; 
(B) automobile manufacturers; 
(C) motor vehicle fuel producers and dis-
tributors; and 
(D) the public.