I 
117TH CONGRESS 
1ST SESSION H. R. 5089 
To promote low-carbon, high-octane fuels, to protect public health, and to 
improve vehicle efficiency and performance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 24, 2021 
Mrs. BUSTOS (for herself, Mr. CLEAVER, Mr. SMITH of Missouri, Mr. COMER, 
Mr. LAHOOD, and Mrs. AXNE) introduced the following bill; which was 
referred to the Committee on Energy and Commerce, and in addition to 
the Committee on Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To promote low-carbon, high-octane fuels, to protect public 
health, and to improve vehicle efficiency and perform-
ance, 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 ‘‘Next Generation Fuels 
Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) continued increases in new automobile effi-
ciency are needed to improve consumer welfare and 
reduce carbon emissions; 
(2) the widespread availability of low-carbon, 
high-octane fuel will allow continued cost-effective 
improvements in automobile efficiency by enabling 
increased engine compression ratios; 
(3) high-octane automobiles and low-carbon 
fuels are readily available to consumers at little in-
cremental cost; 
(4) ethanol is a cost-effective and low-carbon 
octane enhancer; 
(5) the widespread adoption of climate-smart 
practices and precision technologies by United 
States corn producers over the past decade have fur-
ther reduced the carbon intensity of conventional 
ethanol; 
(6) on average, ethanol has been estimated to 
have lifecycle greenhouse gas emissions that are 46 
percent lower than average gasoline, with some corn 
ethanol achieving a 61-percent reduction compared 
to gasoline; and 
(7) ethanol has one of the highest blending oc-
tane values available in the marketplace. 
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SEC. 3. HIGH-OCTANE VEHICLES. 
Title II of the Clean Air Act (42 U.S.C. 7521 et seq.) 
is amended by adding at the end the following: 
‘‘PART D—HIGH-OCTANE VEHICLES 
‘‘SEC. 261. DEFINITIONS; APPLICABILITY. 
‘‘(a) DEFINITIONS.—In this part: 
‘‘(1) AUTOMOBILE.—The term ‘automobile’ has 
the meaning given to such term in section 
32901(a)(3) of title 49, United States Code. 
‘‘(2) RESEARCH OCTANE NUMBER.—The term 
‘research octane number’ has the meaning given to 
such term in section 201 of the Petroleum Mar-
keting Practices Act. 
‘‘(3) MANUFACTURER.—The term ‘manufac-
turer’ has the meaning given that term in section 
216. 
‘‘(b) APPLICABILITY.—This part applies with respect 
to any motor vehicle that is introduced into commerce 
that— 
‘‘(1) is an automobile; 
‘‘(2) uses gasoline for propulsion or any other 
operation of the motor vehicle, including the engine 
thereof; and 
‘‘(3) is a model year 2026 or later motor vehi-
cle. 
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‘‘SEC. 262. HIGH-OCTANE TEST FUELS. 
‘‘(a) E20 CERTIFICATION FUEL.—Except as pro-
vided in subsections (b) and (c), manufacturers producing 
motor vehicles described in section 261(b) shall use a test 
fuel consisting of gasoline and 19.4 to 20 volume percent 
ethanol with a minimum 95 research octane number in— 
‘‘(1) emissions testing and certification under 
section 206(a) of this Act; and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code. 
‘‘(b) E25 TO E30 CERTIFICATION FUEL.—As an al-
ternative to the test fuel described in subsection (a), man-
ufacturers producing motor vehicles described in section 
261(b) may use a test fuel consisting of gasoline and 24.3 
to 30 volume percent ethanol with a minimum 98 research 
octane number in— 
‘‘(1) emissions testing and certification under 
section 206(a) of this Act; and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code. 
‘‘(c) MODEL
YEAR
2031 
AND
LATER
MODEL 
YEARS.—Notwithstanding subsections (a) and (b), begin-
ning in model year 2031, manufacturers of motor vehicles 
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described in section 261(b) shall use the gasoline test fuel 
described in subsection (b) in— 
‘‘(1) emissions testing and certification under 
section 206(a) of this Act; and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code. 
‘‘(d) FORMULATION.—The test fuels described in 
subsections (a) and (b) shall be produced by adding neat 
or denatured fuel ethanol to the gasoline criteria emissions 
test fuel required for use in model year 2020 and later 
motor vehicles. 
‘‘(e) TEST FUEL EQUATIONS.—For purposes of— 
‘‘(1) testing and calculation procedures under 
section 206(a) of this Act, the emissions of motor 
vehicles using the test fuels described in subsection 
(a) or (b) shall be based exclusively on actual meas-
ured emissions; and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code, the fuel economy of motor vehicles 
using the test fuels described in subsection (a) or (b) 
shall be determined on an energy-equivalent basis, 
calculated by multiplying measured fuel economy by 
the ratio of— 
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‘‘(A) 114,086 British thermal units per 
gallon; divided by 
‘‘(B) the volumetric energy density of the 
test fuel. 
‘‘SEC. 263. HIGH-OCTANE VEHICLES. 
‘‘(a) WARRANTY REQUIREMENTS.—Manufacturers of 
motor vehicles described in section 261(b) shall warrant 
to the ultimate purchaser and each subsequent purchaser 
that each such motor vehicle is designed— 
‘‘(1) for model years 2026 through 2030— 
‘‘(A) to operate with gasoline containing 
10 and up to and including 25 percent ethanol 
by volume; and 
‘‘(B) to meet the design requirements 
under subsection (b)(1); and 
‘‘(2) for model year 2031 and later model 
years— 
‘‘(A) to operate with gasoline containing 
10 and up to and including 30 percent ethanol 
by volume; and 
‘‘(B) to meet the design requirements 
under subsections (b) and (c). 
‘‘(b) DESIGN REQUIREMENTS BEFORE MODEL YEAR 
2031.— 
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‘‘(1) MANUFACTURERS.—The manufacturer of 
a motor vehicle described in section 261(b) shall de-
sign each such motor vehicle— 
‘‘(A) to use gasoline with a 95 research oc-
tane number or higher; and 
‘‘(B) to incorporate such devices or ele-
ments of design (including physical or other 
barriers, devices, or technological systems) as 
are determined by the Administrator to be— 
‘‘(i) necessary to prevent the introduc-
tion of gasoline with a research octane 
number that is lower than 95 into such 
motor vehicle; and 
‘‘(ii) technically and economically fea-
sible. 
‘‘(2) FUEL RETAILERS.—Any fuel retailer sell-
ing gasoline for use in a motor vehicle described in 
section 261(b) shall incorporate into the retailer’s 
dispensing equipment such devices or elements of de-
sign, including physical or other barriers, devices, or 
technological systems, as are determined by the Ad-
ministrator to be— 
‘‘(A) necessary to ensure compatibility with 
the motor vehicle design requirements under 
paragraph (1); and 
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‘‘(B) technically and economically feasible. 
‘‘(c) DESIGN REQUIREMENTS
FOR MODEL YEAR 
2031.— 
‘‘(1) MANUFACTURERS.—Beginning in model 
year 2031, the manufacturer of a motor vehicle de-
scribed in section 261(b) shall design each such 
motor vehicle— 
‘‘(A) to use gasoline with a 98 research oc-
tane number or higher; and 
‘‘(B) to incorporate such devices or ele-
ments of design (including physical or other 
barriers, devices, or technological systems) as 
are determined by the Administrator to be— 
‘‘(i) necessary to prevent the introduc-
tion of gasoline with a research octane 
number that is lower than 98 into such 
motor vehicle; and 
‘‘(ii) technically and economically fea-
sible. 
‘‘(2) FUEL RETAILER.—Any fuel retailer selling 
gasoline for use in a model year 2031 and later 
motor vehicle described in section 261(b) shall incor-
porate into the retailer’s dispensing equipment such 
devices or elements of design (including physical or 
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other barriers, devices, or technological systems) as 
are determined by the Administrator to be— 
‘‘(A) necessary to ensure compatibility with 
the motor vehicle design requirements under 
paragraph (1); and 
‘‘(B) technically and economically feasible. 
‘‘(3) EPA DETERMINATION
OF
NATIONWIDE 
AVAILABILITY.—The requirements of this subsection 
shall not take effect unless the Administrator deter-
mines that 98 research octane number gasoline can 
be made readily available nationwide and publishes 
notice of the determination in the Federal Register. 
Not later than December 31, 2029, the Adminis-
trator shall make a determination of whether 98 re-
search octane number gasoline can be made readily 
available nationwide. If the Administrator fails to 
make such determination by the date specified in the 
preceding sentence, the Administrator is deemed to 
have determined that 98 research octane number 
gasoline can be made readily available nationwide. If 
the Administrator determines that 98 research oc-
tane number gasoline cannot be made readily avail-
able nationwide, the Administrator shall revisit such 
determination in the subsequent calendar year and 
shall continue to revisit such determination annually 
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unless and until the Administrator determines that 
98 research octane number gasoline can be made 
readily available nationwide. If the Administrator 
does not revisit such determination for any calendar 
year as required by the preceding sentence, the Ad-
ministrator is deemed to have determined that 98 
research octane number gasoline can be made read-
ily available nationwide. 
‘‘(d) VIOLATIONS.— 
‘‘(1) 
MANUFACTURERS.—Any 
manufacturer 
who violates subsection (b)(1) or (c)(1) shall be sub-
ject to a civil penalty of not more than $5,000 for 
each offense. Any such violation shall constitute a 
separate offense with respect to each motor vehicle 
or fuel dispenser. 
‘‘(2) FUEL RETAILER.—Any fuel retailer who 
violates subsection (b)(2) or (c)(2) shall be subject 
to a civil penalty of not more than $2,500 for each 
offense. Any such violation with respect to each dis-
pensing equipment unit shall constitute a separate 
offense. 
‘‘SEC. 264. MISFUELING. 
‘‘(a) PROHIBITIONS AGAINST TAMPERING AND DE-
FEAT DEVICES FOR MOTOR VEHICLES.—In lieu of apply-
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ing section 203(a)(3) with respect to the requirements of 
this part, the following shall apply: 
‘‘(1) No person shall— 
‘‘(A) remove or render inoperative any de-
vice or element of design installed on or in a 
motor vehicle pursuant to subsection (b)(1) or 
(c)(1) of section 263 prior to its sale and deliv-
ery to the ultimate purchaser; or 
‘‘(B) knowingly remove or render inoper-
ative any such device or element of design after 
such sale and delivery to the ultimate pur-
chaser. 
‘‘(2) No person shall manufacture or sell, or 
offer to sell, or install, any part or component in-
tended for use with, or as part of, any motor vehicle, 
where— 
‘‘(A) a principal effect of the part or com-
ponent is to bypass, defeat, or render inoper-
ative any device or element of design installed 
on or in a motor vehicle pursuant to subsection 
(b)(1) or (c)(1) of section 263; and 
‘‘(B) the person knows or should know 
that such part or component is being offered 
for sale or installed for such use or put to such 
use. 
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‘‘(b) PROHIBITIONS AGAINST TAMPERING AND DE-
FEAT DEVICES FOR DISPENSING EQUIPMENT.—No per-
son shall— 
‘‘(1) remove or render inoperative any device or 
element of design installed pursuant to subsection 
(b)(2) or (c)(2) of section 263; or 
‘‘(2) sell, or offer to sell, or incorporate into, 
any part or component intended for use with, or as 
part of, any dispensing equipment, where— 
‘‘(A) a principal effect of the part or com-
ponent is to bypass, defeat, or render inoper-
ative any device or element of design incor-
porated into dispensing equipment pursuant to 
subsection (b)(2) or (c)(2) of section 263; and 
‘‘(B) the person knows or should know 
that such part or component is being offered 
for sale or incorporated for such use or put to 
such use. 
‘‘(c) VIOLATIONS.—Any person who violates this sec-
tion shall be subject to a civil penalty of not more than 
$2,500. Any such violation shall constitute a separate of-
fense with respect to— 
‘‘(1) each motor vehicle or dispensing equip-
ment, for purposes of subsections (a)(1) and (b)(1); 
and 
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‘‘(2) each part or component, for purposes of 
subsections (a)(2) and (b)(2). 
‘‘SEC. 265. OCTANE STANDARD. 
‘‘(a) OCTANE STANDARD.— 
‘‘(1) PROHIBITION.— 
‘‘(A) 95 RESEARCH OCTANE NUMBER MAR-
KETING.—No person shall sell motor vehicle 
gasoline marketed as 95 research octane num-
ber unless such gasoline has a research octane 
number of 95 or greater. 
‘‘(B) 98 RESEARCH OCTANE NUMBER MAR-
KETING.—No person shall sell motor vehicle 
gasoline marketed as 98 research octane num-
ber unless such gasoline has a research octane 
number of 98 or greater. 
‘‘(C) DEEMED
COMPLIANCE.—A person, 
including any distributor, blender, marketer, re-
seller, carrier, retailer, or wholesaler shall be 
deemed to be in full compliance with this para-
graph if it can demonstrate, through evidence 
deemed acceptable by the Administrator, that 
such person had reason to believe in good faith 
that the motor vehicle gasoline complied with 
subparagraph (A) or (B). 
‘‘(2) CONTROLS.— 
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‘‘(A) 95 
RESEARCH
OCTANE
NUMBER 
AVAILABILITY.—Effective January 1, 2025, any 
person that owns, leases, operates, controls, or 
supervises— 
‘‘(i) a retail outlet at which 200,000 
or more gallons of gasoline were sold dur-
ing calendar year 2022 or any subsequent 
calendar year, shall offer for sale motor ve-
hicle gasoline of not less than 95 research 
octane number at such outlet; or 
‘‘(ii) six or more retail outlets offering 
motor vehicle gasoline for sale, shall offer 
for sale motor vehicle gasoline of not less 
than 95 research octane number at not 
fewer than 60 percent of such retail out-
lets. 
‘‘(B) 98 
RESEARCH
OCTANE
NUMBER 
AVAILABILITY.—Effective January 1, 2030, any 
person that owns, leases, operates, controls, or 
supervises— 
‘‘(i) a retail outlet at which 200,000 
or more gallons of gasoline were sold dur-
ing calendar year 2028 or any subsequent 
calendar year, shall offer for sale motor ve-
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hicle gasoline of not less than 98 research 
octane number at such outlet; or 
‘‘(ii) six or more retail outlets offering 
motor vehicle fuel for sale, shall offer for 
sale motor vehicle gasoline of not less than 
98 research octane number at no fewer 
than 60 percent of such retail outlets. 
‘‘(b) VIOLATIONS.—Any person that violates— 
‘‘(1) 
subsection 
(a)(1), 
(a)(2)(A)(i), 
or 
(a)(2)(B)(i) shall be subject to a civil penalty of not 
more than $25,000 for each day on which such vio-
lation continues; and 
‘‘(2) subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) 
shall be subject to a civil penalty of not more than 
$2,500 per day for each retail outlet owned, leased, 
operated, controlled, or supervised by such person. 
‘‘SEC. 266. REGULATIONS. 
‘‘(a) REGULATIONS.—The Administrator shall— 
‘‘(1) not later than 12 months after the date of 
enactment of the Next Generation Fuels Act of 
2021, propose regulations to carry out this part; and 
‘‘(2) not later than 24 months after such date 
of enactment, finalize regulations to carry out this 
part. 
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‘‘SEC. 267. LIABILITY LIMITATION AND PREEMPTION. 
‘‘(a) LIMITATION OF LIABILITY.—A manufacturer of 
a motor vehicle, or a gasoline retailer, that is in compli-
ance with the requirements of this part and the require-
ments of sections 203(e) and 206 of the Petroleum Mar-
keting Practices Act, shall not be liable under any provi-
sion of this Act or any other Federal, State, or local law, 
including common law, for damages— 
‘‘(1) to or caused by a motor vehicle described 
in section 261(b); and 
‘‘(2) that would not have occurred but for the 
introduction of gasoline with a research octane num-
ber required by this part. 
‘‘(b) PREEMPTION.—No State or any political sub-
division of a State may adopt, continue in effect, or en-
force, any provision of law or regulation— 
‘‘(1) requiring motor vehicles to operate using 
gasoline with a certain octane content, or the cor-
responding design of equipment for dispensing such 
gasoline into such motor vehicles, unless such provi-
sion of such law or regulation is the same as the cor-
responding provision under this part; or 
‘‘(2) limiting the concentration of ethanol in 
motor vehicle gasoline. 
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‘‘SEC. 268. CIVIL ACTIONS; ADMINISTRATIVE ASSESSMENT 
OF CERTAIN PENALTIES. 
‘‘The provisions of subsections (b) and (c) of section 
205 shall apply with respect to a violation of section 263 
or 264 to the same extent and in the same manner as 
such provisions apply with respect to a violation of section 
203(a)(3).’’. 
SEC. 4. OCTANE DISCLOSURE. 
(a) HIGH-EFFICIENCY FUELS.—Title II of the Petro-
leum Marketing Practices Act (15 U.S.C. 2821 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 206. HIGH-EFFICIENCY FUEL AND VEHICLE MAR-
KETING REQUIREMENTS. 
‘‘(a) RULE.—The Federal Trade Commission shall, 
by rule, and in consultation with persons to be regulated 
under this section, consumer advocates, and other stake-
holders, as appropriate— 
‘‘(1) prescribe or revise requirements under this 
title relating to the certification, display, and rep-
resentation of the automotive fuel rating of an auto-
motive fuel as necessary to carry out— 
‘‘(A) the requirement under subsection (b); 
and 
‘‘(B) any determination made under sub-
section (c); 
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‘‘(2) make the determination required under 
subsection (c); and 
‘‘(3) prescribe requirements under subsection 
(d). 
‘‘(b) REQUIREMENT.—The Federal Trade Commis-
sion shall require that, for purposes of this title, beginning 
on the date that is 180 days after the date on which the 
Federal Trade Commission issues a final rule under sub-
section (a), the automotive fuel rating of an automotive 
fuel with a research octane number of 95 or higher be 
determined only by the research octane number of such 
automotive fuel. 
‘‘(c) LABELING.— 
‘‘(1) IN GENERAL.—The Federal Trade Com-
mission shall prescribe requirements— 
‘‘(A) as the Federal Trade Commission de-
termines necessary with respect to a display at 
the point of sale to ultimate purchasers of auto-
motive fuel and a display on a motor vehicle 
to— 
‘‘(i) inform such ultimate purchaser of 
such automotive fuel and any purchaser or 
user of such motor vehicle that— 
‘‘(I) a model year 2026 or later 
motor vehicle is only warrantied to 
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use automotive fuel with a research 
octane number of 95 or higher; and 
‘‘(II) a model year 2031 or later 
motor vehicle is only warrantied to 
use automotive fuel with a research 
octane number of 98 or higher; 
‘‘(ii) provide a warning to such ulti-
mate purchaser of such automotive fuel 
and any such purchaser or user of such 
motor vehicle, that the use of automotive 
fuel with a research octane number that— 
‘‘(I) is lower than 95 in a model 
year 2026 or later motor vehicle will 
result in reduced fuel economy, in-
creased exhaust emissions, and pos-
sibly engine damage; and 
‘‘(II) is lower than 98 in a model 
year 2031 or later motor vehicle will 
result in reduced fuel economy, in-
creased exhaust emissions, and pos-
sibly engine damage; and 
‘‘(iii) inform such ultimate purchaser 
of such automotive fuel and any purchaser 
or user of such motor vehicle that— 
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‘‘(I) a model year 2026 or later 
motor vehicle is warrantied to use 
gasoline containing up to and includ-
ing 25 percent ethanol by volume; and 
‘‘(II) a model year 2031 or later 
motor vehicle is warrantied to use 
gasoline containing up to and includ-
ing 30 percent ethanol by volume; and 
‘‘(B) that are applicable to— 
‘‘(i) a manufacturer of a new motor 
vehicle (or an entity making a representa-
tion in connection with the sale of such 
motor vehicle) with respect to a display on 
such motor vehicle; and 
‘‘(ii) an automotive fuel retailer, with 
respect to a display at the point of sale to 
an ultimate purchaser of automotive fuel. 
‘‘(2) CONSIDERATIONS.—In prescribing require-
ments under paragraph (1), the Federal Trade Com-
mission shall ensure that such requirements are de-
signed to be— 
‘‘(A) understandable to— 
‘‘(i) the ultimate purchaser of auto-
motive fuel; and 
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‘‘(ii) any purchaser or user of a model 
year 2026 or later motor vehicle; and 
‘‘(B) cost effective for automotive fuel re-
tailers. 
‘‘(d) DEADLINES.—The Federal Trade Commission 
shall— 
‘‘(1) not later than January 1, 2024, issue a 
proposed rule under subsection (a); and 
‘‘(2) not later than July 1, 2025, issue a final 
rule under subsection (a).’’. 
(b) ENFORCEMENT.—Section 203(e) of the Petro-
leum Marketing Practices Act (15 U.S.C. 2823(e)) is 
amended— 
(1) by striking ‘‘or a rule prescribed’’ and in-
serting ‘‘a rule prescribed’’; and 
(2) by striking ‘‘of such section.’’ and inserting 
‘‘of section 202, or a rule prescribed under section 
206.’’. 
(c) TABLE OF CONTENTS AMENDMENT.—The table 
of contents for the Petroleum Marketing Practices Act (15 
U.S.C. 2801 et seq.) is amended by inserting after the 
item relating to section 205 the following: 
‘‘Sec. 206. High-efficiency fuel and vehicle marketing requirements.’’. 
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SEC. 5. ADVERTISEMENT OF PRICE OF HIGH-OCTANE 
AUTOMOTIVE FUEL. 
(a) IN GENERAL.—It shall be unlawful for any per-
son to sell or offer for sale, at retail, automotive fuel with 
a research octane number (as such terms are defined in 
section 201 of the Petroleum Marketing Practices Act (15 
U.S.C. 2821)) of 95 or greater unless such person dis-
plays, in a manner specified in the rules promulgated 
under subsection (b), the total price per gallon of such 
fuel on any sign on which such person displays the price 
of the most-sold grade of automotive fuel of such person. 
(b) RULEMAKING.— 
(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of this Act, the Federal 
Trade Commission shall promulgate, in accordance 
with section 553 of title 5, United States Code, any 
rules necessary for the implementation and enforce-
ment of this section. 
(2) CONTENTS.—Such rules— 
(A) shall define ‘‘retail’’ and ‘‘most-sold’’ 
for the purposes of this section; 
(B) shall specify the manner in which the 
price of automotive fuel with a research octane 
number of 95 or greater must be displayed in 
order to comply with subsection (a); and 
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(C) shall be consistent with the require-
ments for declaring unfair acts or practices in 
section 5(n) of the Federal Trade Commission 
Act (15 U.S.C. 45(n)). 
(c) ENFORCEMENT.—A violation of subsection (a) 
shall be treated as a violation of a rule defining an unfair 
or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)). The Federal Trade Commission 
shall enforce this section in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made part of this section. 
SEC. 6. E40 RETAIL INFRASTRUCTURE STANDARD. 
Section 9003 of the Solid Waste Disposal Act (42 
U.S.C. 6991b) is amended by adding at the end the fol-
lowing: 
‘‘(k) E40-COMPATIBLE RETAIL INFRASTRUCTURE 
SYSTEMS.— 
‘‘(1) IN
GENERAL.—The Administrator shall, 
not later than January 1, 2024, issue or revise, as 
necessary, performance standards for underground 
storage tank systems and dispenser systems that are 
brought into use on or after January 1, 2024, to re-
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quire that such systems be compatible with auto-
motive fuel consisting of gasoline and at least 40 
percent ethanol by volume. 
‘‘(2) COMPATIBILITY.—Owner and operators 
may demonstrate the compatibility of an under-
ground storage tank system with automotive fuel 
containing any concentration of ethanol through the 
use of a secondary containment system that is able 
to— 
‘‘(A) contain regulated substances leaked 
from the primary containment system until they 
are detected and removed; and 
‘‘(B) prevent the release of regulated sub-
stances to the environment at any time during 
the operational life of the underground storage 
tank system. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) 
AUTOMOTIVE
FUEL.—The 
term 
‘automotive fuel’ has the meaning given such 
term in section 201(6) of the Petroleum Mar-
keting Practices Act (15 U.S.C. 2821(6)). 
‘‘(B) COMPATIBLE.—The term ‘compat-
ible’ means, to the extent feasible, certified by 
a nationally recognized testing laboratory recog-
nized by the Occupational Safety and Health 
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Administration in accordance with section 
1910.7 of title 29, Code of Federal Regulations 
(or any successor regulations) to maintain sys-
tem performance throughout the operational life 
of the dispenser system. 
‘‘(C) DISPENSER SYSTEM.—The term ‘dis-
penser system’ has the meaning given such 
term in section 280.12 of title 40, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this subsection).’’. 
SEC. 7. REGISTRATION TESTING, REID VAPOR PRESSURE, 
AND SUBSTANTIALLY SIMILAR WAIVERS. 
(a) 
REGISTRATION
TESTING
WAIVER.—Section 
211(e) of the Clean Air Act (42 U.S.C. 7545(e)) is amend-
ed by adding at the end the following: 
‘‘(4) Fuels consisting of gasoline and no more than 
30 percent ethanol by volume that meet the requirements 
of subsection (f)(3) shall be deemed to have satisfied any 
testing regulations promulgated under this subsection and 
to be immediately eligible for registration under subsection 
(b) without further testing.’’. 
(b) REID
VAPOR
PRESSURE
WAIVER.—Section 
211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 
amended— 
(1) in paragraph (4)— 
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(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or more’’ after ‘‘10 percent’’; 
and 
(B) in subparagraph (C), by striking ‘‘ad-
ditional alcohol or’’; and 
(2) in paragraph (5)(A), by inserting ‘‘or more’’ 
after ‘‘10 percent’’. 
(c) SUBSTANTIALLY
SIMILAR
WAIVER.—Section 
211(f) of the Clean Air Act (42 U.S.C. 7545(f)) is amend-
ed— 
(1) in paragraph (1)— 
(A) by striking subparagraph (A); and 
(B) in subparagraph (B), by striking 
‘‘(B)’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) Fuels consisting of gasoline and ethanol may be 
introduced into commerce under this subsection for use 
in motor vehicles described in section 261(b), provided 
that the finished fuel— 
‘‘(A) does not exceed the warranted ethanol lev-
els described in section 263(a); 
‘‘(B) meets the physical and chemical criteria 
specified by ASTM International Standard D4814– 
20 for gasoline with 15 percent ethanol; and 
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(G) benzene; 
(H) toluene; 
(I) ethylbenzene; 
(J) xylene; 
(K) 1,3–butadiene; 
(L) ethanol; and 
(M) polycyclic aromatic hydrocarbons, in-
cluding at a minimum benzo(a)pyrene; 
(4) measure the tendency of measured emis-
sions to form secondary organic aerosols and any 
other relevant secondary air pollution; and 
(5) consult with the Secretary of Energy, the 
Secretary of Agriculture, and the Secretary of 
Transportation (or their delegates). 
(b) CERTIFICATION BY SECRETARY OF ENERGY.— 
The Administrator of the Environmental Protection Agen-
cy shall— 
(1) provide the proposed design of the study 
under subsection (a) to the Secretary of Energy for 
review; and 
(2) not commence the study until the Secretary 
of Energy certifies in writing that such design com-
plies with the requirements of subsection (a). 
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