I 
109TH CONGRESS 
2D SESSION 
H. R. 5124 
To amend the Clean Air Act to provide for a Federal Fuels List, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2006 
Mr. RYAN of Wisconsin (for himself and Mr. GREEN of Wisconsin) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To amend the Clean Air Act to provide for a Federal Fuels 
List, 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 ‘‘Fuel Blend Reduction 
Act of 2006’’. 
SEC. 2. LIST OF FUELS. 
(a) LIST OF FUELS.—Section 211(c)(4)(C) of the 
Clean Air Act (42 U.S.C. 7545(c)(4)(C)) (as amended by 
the Energy Policy Act of 2005 (Public Law 109–58; 119 
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Stat. 1106)) is amended by striking the second clause (v) 
and inserting the following: 
‘‘(vi)(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 would be to increase the total num-
ber of fuels approved under this paragraph as of Sep-
tember 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 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 
formulation implemented by the Administrator and shall 
reduce the total number of fuels authorized under the list 
published under subclause (II) appropriately. 
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‘‘(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’s imple-
mentation plan or a revision to that State’s implementa-
tion plan after the date of enactment of the Fuel Blend 
Reduction Act of 2006 if such new fuel completely replaces 
a fuel on the list published under subclause (II). 
‘‘(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 Administrator 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) as of the date of consideration. 
‘‘(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-
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istered in accordance with subsection (b) after the enact-
ment of this subclause. 
‘‘(vii)(I) The provisions of clause (vi), including the 
limitations of the authority of the Administrator and the 
cap on the total number of fuels permitted, shall remain 
in effect until the harmonization of fuels under subclause 
(V) of this clause is accomplished. Once such harmoni-
zation has been accomplished, clause (v) shall cease to 
have any force and effect, and the limitations of the au-
thority of the Administrator under subclause (IV) of this 
clause shall apply. 
‘‘(II) The Administrator, in coordination with the 
Secretary of Energy (hereinafter in this clause referred 
to as the ‘Secretary’), shall identify and publish in the 
Federal Register, within 12 months after the enactment 
of this subclause and after notice and opportunity for pub-
lic comment, a list of 5 gasolines and diesel fuels to be 
used in States that have not received a waiver under sec-
tion 209(b) of this Act. The list shall be referred to as 
the ‘Federal Fuels List’ and shall include one Federal on- 
road diesel fuel (which shall grandfather the sulfur phase 
down in the Administrator’s ultra low sulfur diesel fuel 
regulations in effect as of the date of enactment of the 
Fuel Blend Reduction Act of 2006 and shall permit the 
implementation of one alternative diesel fuel, approved 
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under this subparagraph before enactment of this sub-
clause for a State that has not received a section 209(b) 
waiver, only in the State in which it was approved prior 
to enactment of the Fuel Blend Reduction Act of 2006), 
one conventional gasoline for ozone attainment areas, one 
reformulated gasoline (RFG) meeting the requirements of 
subsection (k), and 2 additional gasolines with Reid vapor 
pressure (RVP) controls for use in ozone attainment areas 
of varying degrees of severity. None of the fuels identified 
under this subclause shall control fuel sulfur or toxics lev-
els beyond levels required by regulations of the Adminis-
trator. 
‘‘(III) Gasolines and diesel fuels shall be included on 
the Federal Fuels List based on the Administrator’s anal-
ysis of their ability to reduce ozone emissions to assist 
States in attaining established ozone standards under this 
Act, and on an analysis by the Secretary that the adoption 
of the Federal Fuels List will not result in a reduction 
in supply or in producibility, including that caused by a 
reduction in domestic refining capacity as a result of the 
adoption of the Federal Fuels List. In the event the Sec-
retary concludes that adopt of the Federal Fuels List will 
result in a reduction in supply or in producibility, the Ad-
ministrator and the Secretary shall report that conclusion 
to Congress, and suspend implementation of this clause. 
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The Administrator and the Secretary shall conduct the 
study required under section 1541(c) of the Energy Policy 
Act of 2005 on the timetable required in that section to 
provide Congress with legislative recommendations for 
modifications to the proposed Federal Fuels List only if 
the Secretary concludes that adoption of the Federal Fuels 
List will result in a reduction in supply or in producibility. 
‘‘(IV) Upon publication of the Federal Fuels List, the 
Administrator shall have no authority, when considering 
a State implementation plan or State implementation plan 
revision, to approve under this subparagraph any fuel in-
cluded in such plan or plan revision if the proposed fuel 
is not one of the fuels on the Federal Fuels List; or to 
approve a State’s plan or plan revision to move from one 
fuel on the Federal Fuels List to another unless, after con-
sultation with the Secretary, the Administrator publishes 
in the Federal Register, after notice and opportunity for 
public comment, a finding that, in the Administrator’s 
judgment, such plan or plan revision to adopt a different 
fuel on the Federal Fuels List will not cause fuel supply 
or distribution disruptions in the affected area or contig-
uous areas. The Administrator’s finding shall include an 
assessment of reasonably foreseeable supply or distribu-
tion emergencies that could occur in the affected area or 
contiguous area and how adoption of the particular fuel 
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revisions would effect alternative supply options during 
reasonably foreseeable supply or distribution emergencies. 
‘‘(V) The Administrator, in consultation with the Sec-
retary, shall develop a plan to harmonize the currently ap-
proved fuels in State implementation plans with the fuels 
included on the Federal Fuels List and shall promulgate 
implementing regulations for this plan not later than 18 
months after enactment of this subclause. This harmoni-
zation shall be fully implemented by the States by Decem-
ber 31, 2008.’’. 
(b) BOUTIQUE FUELS.—Section 1541 of the Energy 
Policy Act of 2005 (Public Law 109–58; 119 Stat. 1106) 
is amended by striking subsection (c) and inserting the 
following: 
‘‘(c) STUDY AND REPORT TO CONGRESS ON BOU-
TIQUE FUELS.— 
‘‘(1) JOINT STUDY.—The Administrator of the 
Environmental Protection Agency and the Secretary 
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)). 
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‘‘(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, 
preserves air quality standards, and reduces motor 
fuel price volatility that results from the prolifera-
tion of boutique fuels, and to recommend to Con-
gress 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 legislative changes rec-
ommended. The study should include an analysis of 
the impact on ozone emissions and supply of a man-
datory reduction in the number of fuel blends to 5, 
including one on-road Federal diesel fuel (which 
shall grandfather the sulfur phase down in the Ad-
ministrator’s ultra low sulfur diesel fuel regulations 
and shall permit the implementation of, one alter-
native diesel fuel, blend approved by the Adminis-
trator under section 211(c)(4) of the Clean Air Act 
before enactment of the Fuel Blend Reduction Act 
of 2006 for a State that has not received a waiver 
under section 209(b) of the Clean Air Act, only in 
the State in which it was approved prior to enact-
ment of the Fuel Blend Reduction Act of 2006), one 
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conventional gasoline for ozone attainment areas, 
one reformulated gasoline (RFG) meeting the re-
quirements of subsection (k) of section 211 of the 
Clean Air Act, and 2 additional gasolines blends 
with Reid vapor pressure (RVP) controls for use in 
ozone attainment areas of varying degrees of sever-
ity. 
‘‘(3) CONDUCT
OF
STUDY.—In carrying out 
their joint duties under this section, the Adminis-
trator and the Secretary shall use sound science and 
objective science practices, shall consider the best 
available science, shall use data collected by accepted 
means and shall consider and include a description 
of the weight of the scientific evidence. The Adminis-
trator and the Secretary shall coordinate the study 
required by this section with other studies required 
by other applicable provisions of law and shall en-
deavor 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. The Admin-
istrator shall use sound and objective science prac-
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tices, shall consider the best available science, and 
shall consider and include a description of the 
weight of the scientific evidence. 
‘‘(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 Adminis-
trator and the Secretary jointly shall submit the re-
sults 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 the Fuel Blend Reduction 
Act of 2006 together with any recommended regu-
latory and legislative changes. Such report shall be 
submitted to the Committee on Energy and Com-
merce of the United States House of Representatives 
and the Committee on Environment and Public 
Works of the United States Senate. 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated jointly to the 
Administrator and the Secretary $500,000 for the 
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completion of the study required under this sub-
section.’’. 
Æ 
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