SEC. 3. MISFUELING. 
(a) IN GENERAL.—Section 211(g) of the Clean Air 
Act (42 U.S.C. 7545(g)) is amended by adding at the end 
the following: 
‘‘(3) LIMITATION ON LIABILITY.— 
‘‘(A) LIMITATION.— 
‘‘(i) IN GENERAL.—Except as provided in 
clause (ii), no person shall be liable under any 
provision of this Act or any Federal, State, or 
local law, including common law, if— 
‘‘(I) a self-service purchaser intro-
duces any transportation fuel into any 
motor 
vehicle, 
motor 
vehicle 
engine, 
nonroad vehicle, or nonroad equipment for 
which the fuel has not been approved 
under subsection (f); or 
‘‘(II) the introduction of any transpor-
tation fuel voids the warranty of the manu-
facturer of the motor vehicle, motor vehicle 
engine, nonroad engine, nonroad vehicle, or 
nonroad equipment. 
‘‘(ii) EXCEPTION.—Clause (i) shall not 
apply to— 
‘‘(I) a person who sells any transpor-
tation fuel and does not comply with the 
misfueling regulations adopted by the Ad-
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ministrator under section 80.1501 of title 
40, Code of Federal Regulations (or suc-
cessor regulations); or 
‘‘(II) a person who intentionally 
misfuels. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) NONROAD
EQUIPMENT.—The term 
‘nonroad equipment’ means any recreational, 
construction, industrial, agricultural, logging, 
residential, commercial lawn and garden, or 
other equipment that is powered by a nonroad 
engine. 
‘‘(ii) TRANSPORTATION FUEL.—The term 
‘transportation fuel’ means any fuel that con-
tains fuel or a fuel additive that is authorized 
after January 1, 2010, by the Administrator or 
under any Federal law, for use in any motor ve-
hicle, motor vehicle engine, nonroad vehicle, 
nonroad engine, or nonroad equipment.’’. 
(b) PENALTIES.—Section 211(d) of the Clean Air Act 
(42 U.S.C. 7545(d)) is amended— 
(1) in paragraph (1), in the first sentence, by 
inserting ‘‘(g),’’ after ‘‘or the regulations prescribed 
under subsection (c),’’; and 
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(2) in paragraph (2), in the first sentence, by 
inserting ‘‘(g),’’ after ‘‘of the regulations prescribed 
under subsections (c),’’. 
SEC. 4. LIMITATION ON LIABILITY. 
(a) QUALIFIED CIVIL LIABILITY ACTIONS IN FED-
ERAL COURT AND STATE COURT.— 
(1) IN GENERAL.—No qualified civil liability ac-
tion shall be filed or maintained in any court of the 
United States or any State court. 
(2) DISMISSAL
OF
PENDING
ACTIONS.—Any 
qualified civil liability action filed or pending in any 
court of the United States or any State court on or 
after the date of enactment of this Act shall be dis-
missed with prejudice. 
(b) SAFE HARBOR.—Notwithstanding any Federal, 
State, or local law (including common law), no qualified 
product shall be considered to be a defective product, if 
the qualified product does not violate a control or prohibi-
tion, respecting any characteristic or component of the 
qualified product, imposed by the Administrator of the 
Environmental Protection Agency under section 211 of 
the Clean Air Act (42 U.S.C. 7545). 
(c) DEFINITIONS.—In this section: 
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(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means any entity engaged in the design, manu-
facture, sale, or distribution of any— 
(A) qualified product; or 
(B) motor vehicle, motor vehicle engine, 
nonroad vehicle, nonroad engine, or nonroad 
equipment. 
(2) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ has the meaning given the term in section 216 
of the Clean Air Act (42 U.S.C. 7550). 
(3) MOTOR
VEHICLE
ENGINE.—The term 
‘‘motor vehicle engine’’ means an engine in a motor 
vehicle. 
(4) NONROAD
ENGINE.—The term ‘‘nonroad 
engine’’ has the meaning given the term in section 
216 of the Clean Air Act (42 U.S.C. 7550). 
(5) 
NONROAD
EQUIPMENT.—The 
term 
‘‘nonroad equipment’’ means any recreational, con-
struction, industrial, agricultural, logging, residen-
tial, commercial lawn and garden, or other equip-
ment that incorporates a nonroad engine. 
(6) NONROAD VEHICLE.—The term ‘‘nonroad 
vehicle’’ has the meaning given the term in section 
216 of the Clean Air Act (42 U.S.C. 7550). 
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(7) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 1 of title 1, 
United States Code, except that the term includes 
any governmental entity. 
(8) QUALIFIED CIVIL LIABILITY ACTION.—The 
term ‘‘qualified civil liability action’’ means any civil 
action or proceeding brought by any person against 
a covered entity for damages, punitive damages, in-
junctive or declaratory relief, abatement, restitution, 
fines, penalties, or other relief, resulting from the in-
troduction of any qualified product into any motor 
vehicle, motor vehicle engine, nonroad vehicle, 
nonroad engine, or nonroad equipment. 
(9) QUALIFIED PRODUCT.—The term ‘‘qualified 
product’’ means— 
(A) any fuel or fuel additive for which a 
registration is in effect under section 211(b) of 
the Clean Air Act (42 U.S.C. 7545(b)) or any 
other Federal law enacted on or after October 
13, 2010; 
(B) a transportation fuel or transportation 
fuel additive that— 
(i) contains any renewable fuel (as de-
fined in section 211(o)(1) of the Clean Air 
Act (42 U.S.C. 7545(o)(1))); and 
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(ii) is designated for introduction into 
interstate commerce by the Administrator 
of the Environmental Protection Agency or 
the Secretary of Energy under the Clean 
Air Act (42 U.S.C. 7401 et seq.), the En-
ergy Policy Act of 1992 (42 U.S.C. 13201 
et seq.), or any other Federal law enacted 
on or after October 13, 2010; 
(C) any component of a fuel or fuel addi-
tive described in subparagraph (A) or (B); or 
(D) any blend stock. 
(10) STATE.—The term ‘‘State’’ means each of 
the several States of the United States; the District 
of Columbia; and any territory, commonwealth, or 
possession of the United States. 
Æ 
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