I 
108TH CONGRESS 
1ST SESSION H. R. 2136
To amend the Clean Air Act to prohibit the use of methyl tertiary butyl 
ether as a gasoline additive and to repeal the oxygenate requirement 
for reformulated gasoline, to provide funding for the clean up of under-
ground storage tanks, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2003
Mr. KING of New York (for himself and Mr. ENGEL) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to prohibit the use of methyl 
tertiary butyl ether as a gasoline additive and to repeal 
the oxygenate requirement for reformulated gasoline, to 
provide funding for the clean up of underground storage 
tanks, 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. MTBE PROHIBITION. 
(a) MTBE PROHIBITION.—Section 211(c) of the 
Clean Air Act (42 U.S.C. 7545(c)) is amended by adding 
at the end the following: 
‘‘(5) PROHIBITION ON USE OF MTBE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), not later than 6 months after the 
date of enactment of this paragraph, the use of 
methyl tertiary butyl ether in motor vehicle fuel 
in any State is prohibited. 
‘‘(B) REGULATIONS.—The Administrator 
shall promulgate regulations to carry out the 
prohibition set forth in subparagraph (A). 
‘‘(C) TRACE QUANTITIES.—In carrying out 
subparagraph (A), the Administrator may allow 
trace quantities of methyl tertiary butyl ether, 
not to exceed 0.5 percent by volume, to be 
present in motor vehicle fuel in cases that the 
Administrator determines to be appropriate.’’. 
(b) NO EFFECT ON LAW CONCERNING STATE AU-
THORITY.—The amendments made by subsection (a) have 
no effect on the law in effect on the day before the date 
of enactment of this Act regarding the authority of States 
to limit the use of methyl tertiary butyl ether in motor 
vehicle fuel. 
SEC. 2. ELIMINATION OF OXYGEN CONTENT REQUIREMENT 
FOR REFORMULATED GASOLINE. 
(a) REPEAL.—Section 211(k) of the Clean Air Act 
(42 U.S.C. 7545(k)) is amended—
(1) in paragraph (2)—
(A) in the second sentence of subpara-
graph (A), by striking ‘‘(including the oxygen 
content requirement contained in subparagraph 
(B))’’; 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraphs (C) 
and (D) as subparagraphs (B) and (C), respec-
tively; 
(2) in paragraph (3)(A), by striking clause (v); 
(3) in paragraph (7)—
(A) in subparagraph (A)—
(i) by striking clause (i); and 
(ii) by redesignating clauses (ii) and 
(iii) as clauses (i) and (ii), respectively; 
and 
(B) in subparagraph (C)—
(i) by striking clause (ii); and 
(ii) by redesignating clause (iii) as 
clause (ii). 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of enactment 
of this Act. 
(c) 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 as follows:
(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,’’. 
(2) By adding at the end the following: 
‘‘(B) MAINTENANCE OF TOXIC AIR POL-
LUTANT EMISSIONS REDUCTIONS FROM REFOR-
MULATED GASOLINE.—
‘‘(i) DEFINITIONS.—In this subpara-
graph the term ‘PADD’ means a Petro-
leum Administration for Defense District. 
‘‘(ii) REGULATIONS REGARDING EMIS-
SIONS
OF
TOXIC
AIR
POLLUTANTS.—Not 
later than 270 days after the date of en-
actment of this subparagraph the Adminis-
trator 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 1999
and 2000, 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 1999 
and 2000. 
‘‘(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 1999 and 2000; 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 1999 and 2000, 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 
in subclause (II) and for subse-
quent years. 
‘‘(vi) 
REGULATIONS
TO
CONTROL 
HAZARDOUS
AIR
POLLUTANTS
FROM 
MOTOR
VEHICLES
AND
MOTOR
VEHICLE 
FUELS.—Not later than July 1, 2004, 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).’’. 
(d) 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, to consolidate the regula-
tions 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 instead applying the more stringent 
requirements applicable to gasoline designated for VOC–
Control Region 1. 
(e) SAVINGS CLAUSE.—Nothing in this section is in-
tended to affect or prejudice either any legal claims or ac-
tions with respect to regulations promulgated by the Ad-
ministrator of the Environmental Protection Agency prior 
to enactment of this Act regarding emissions of toxic air 
pollutants from motor vehicles or the adjustment of stand-
ards applicable to a specific refinery or importer made 
under such prior regulations and the Administrator may 
apply such adjustments to the standards applicable to 
such refinery or importer under clause (iii)(I) of section 
211(k)(1)(B) of the Clean Air Act, except that—
(1) the Administrator shall revise such adjust-
ments to be based only on calendar years 1999–
2000; and 
(2) for adjustments based on toxic air pollutant 
emissions from reformulated gasoline significantly 
below the national annual average emissions of toxic 
air pollutants from all reformulated gasoline, the 
Administrator may revise such adjustments to take 
account of the scope of any lawful and enforceable 
Federal or State prohibition on methyl tertiary butyl 
ether imposed after the effective date of the enact-
ment of this paragraph, except that any such adjust-
ment shall require such refiner or importer, to the 
greatest extent practicable, to maintain the reduc-
tion achieved during calendar year 1999–2000 in the 
average annual aggregate emissions of toxic air pol-
lutants from reformulated gasoline produced or dis-
tributed by the refinery or importer. Any such ad-
justment shall not be made at a level below the aver-
age percentage of reductions of emissions of toxic air 
pollutants for reformulated gasoline supplied to 
PADD I during calendar years 1999–2000. 
SEC. 3. FUNDING FOR MTBE CONTAMINATION. 
Notwithstanding any other provision of law, there is 
authorized to be appropriated to the Administrator of the
Environmental Protection Agency from the Leaking Un-
derground Storage Tank Trust Fund not more than 
$850,000,000 for the fiscal year period of fiscal years 
2004 through 2008.
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