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of Sciences to conduct a study on the feasibility and benefits
of converting motor vehicle trips to bicycle trips and to
issue a report, not later than 2 years after enactment of
this Act, on the findings of such study.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of’ Transpor-
tation $5,500,000, to remain available until expended, to
carry out the pilot program and study pursuant to this sec-
tion.
SEC. 824. FUEL CELL VEHICLE PROGRAM.
Not later than 1 year from date of enactment of this
section, the Secretary shall develop a program with time-
tables for developing technologies to enable at least 100,000
hydrogen-fueled fuel cell vehicles to be available for sale in
the United States by 2010 and at least 2.5 million of such
vehicles to be available by 2020 and annually thereafter.
The program shall also include timetables for development
of technologies to provide 50 million gasoline equivalent
gallons of hydrogen for sale in fueling stations in the United
States by 2010 and at least 2.5 billion gasoline equivalent
gallons by 2020 and annually thereafter. The Secretary
shall annually include a review of the progress toward meet-
ing the vehicle sales of Energy budget.
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Subtitle C—Federal Reformulated
Fuels
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Reformu-
lated Fuels Act of 2003’’.
SEC. 832. LEAKING UNDERGROUND STORAGE TANKS.
(a) USE OF LUST FUNDS FOR REMEDIATION OF CON-
TAMINATION FROM ETHER FUEL ADDITIVES.—Section
9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended—
(1) in paragraph (7)(A)—
(A) by striking ‘‘paragraphs (1) and (2) of
this subsection’’ and inserting ‘‘paragraphs (1),
(2), and (12)’’; and
(B) by inserting ‘‘and section 9010’’ before
‘‘if’’; and
(2) by adding at the end the following:
‘‘(12) REMEDIATION
OF
CONTAMINATION
FROM
ETHER FUEL ADDITIVES.—
‘‘(A) IN GENERAL.—The Administrator and
the States may use funds made available under
section 9013(1) to carry out corrective actions
with respect to a release of methyl tertiary butyl
ether or other ether fuel additive that presents a
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threat to human health, welfare, or the environ-
ment.
‘‘(B) APPLICABLE
AUTHORITY.—Subpara-
graph (A) shall be carried out—
‘‘(i) in accordance with paragraph (2),
except that a release with respect to which
a corrective action is carried out under sub-
paragraph (A) shall not be required to be
from an underground storage tank; and
‘‘(ii) in the case of a State, in accord-
ance with a cooperative agreement entered
into by the Administrator and the State
under paragraph (7).’’.
(b) RELEASE PREVENTION AND COMPLIANCE.—Sub-
title I of the Solid Waste Disposal Act (42 U.S.C. 6991 et
seq.) is amended by striking section 9010 and inserting the
following:
‘‘SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.
‘‘Funds made available under section 9013(2) from the
Leaking Underground Storage Tank Trust Fund may be
used for conducting inspections, or for issuing orders or
bringing actions under this subtitle—
‘‘(1) by a State (pursuant to section 9003(h)(7))
acting under—
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‘‘(A) a program approved under section
9004; or
‘‘(B) State requirements regulating under-
ground storage tanks that are similar or iden-
tical to this subtitle, as determined by the Ad-
ministrator; and
‘‘(2) by the Administrator, acting under this
subtitle or a State program approved under section
9004.
‘‘SEC. 9011. BEDROCK BIOREMEDIATION.
‘‘The Administrator shall establish, at an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) with established
expertise in bioremediation of contaminated bedrock
aquifers, a resource center—
‘‘(1) to conduct research concerning bioremedi-
ation of methyl tertiary butyl ether in contaminated
underground aquifers, including contaminated bed-
rock; and
‘‘(2) to provide for States a technical assistance
clearinghouse for information concerning innovative
technologies for bioremediation described in para-
graph (1).
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‘‘SEC. 9012. SOIL REMEDIATION.
‘‘The Administrator may establish a program to con-
duct research concerning remediation of methyl tertiary
butyl ether contamination of soil, including granitic or vol-
canic soil.
‘‘SEC. 9013. AUTHORIZATION OF APPROPRIATIONS.
‘‘In addition to amounts made available under section
2007(f), there are authorized to be appropriated from the
Leaking Underground Storage Tank Trust Fund, notwith-
standing section 9508(c)(1) of the Internal Revenue Code
of 1986—
‘‘(1) 
to 
carry 
out 
section 
9003(h)(12),
$200,000,000 for fiscal year 2003, to remain available
until expended;
‘‘(2) to carry out section 9010—
‘‘(A) $50,000,000 for fiscal year 2003; and
‘‘(B) $30,000,000 for each of fiscal years
2004 through 2008;
‘‘(3) to carry out section 9011—
‘‘(A) $500,000 for fiscal year 2003; and
‘‘(B) $300,000 for each of fiscal years 2004
through 2008; and
‘‘(4) to carry out section 9012—
‘‘(A) $100,000 for fiscal year 2003; and
‘‘(B) $50,000 for each of fiscal years 2004
through 2008.
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(c) TECHNICAL AMENDMENTS.—(1) Section 1001 of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by striking the item relating to section 9010 and
inserting the following:
‘‘Sec. 9010. Release prevention and compliance.
‘‘Sec. 9011. Bedrock bioremediation.
‘‘Sec. 9012. Soil remediation.
‘‘Sec. 9013. Authorization of appropriations.’’.
(2) Section 9001(3)(A) of the Solid Waste Disposal Act
(42 U.S.C. 6991(3)(A)) is amended by striking ‘‘sustances’’
and inserting ‘‘substances’’.
(3) Section 9003(f)(1) of the Solid Waste Disposal Act
(42 U.S.C. 6991b(f)(1)) is amended by striking ‘‘subsection
(c) and (d) of this section’’ and inserting ‘‘subsections (c)
and (d)’’.
(4) Section 9004(a) of the Solid Waste Disposal Act
(42 U.S.C. 6991c(a)) is amended in the second sentence by
striking ‘‘referred to’’ and all that follows and inserting ‘‘re-
ferred to in subparagraph (A) or (B), or both, of section
9001(2).’’.
(5) Section 9005 of the Solid Waste Disposal Act (42
U.S.C. 6991d) is amended—
(A) in subsection (a), by striking ‘‘study taking’’
and inserting ‘‘study, taking’’;
(B) in subsection (b)(1), by striking ‘‘relevent’’
and inserting ‘‘relevant’’; and
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(C) 
in 
subsection 
(b)(4), 
by 
striking
‘‘Evironmental’’ and inserting ‘‘Environmental’’.
SEC. 833. AUTHORITY FOR WATER QUALITY PROTECTION
FROM FUELS.
(a) FINDINGS.—Congress finds that—
(1) since 1979, methyl tertiary butyl ether (re-
ferred to in this section as ‘‘MTBE’’) has been used
nationwide at low levels in gasoline to replace lead as
an octane booster or anti-knocking agent;
(2) Public Law 101–549 (commonly known as
the ‘‘Clean Air Act Amendments of 1990’’) (42 U.S.C.
7401 et seq.) established a fuel oxygenate standard
under which reformulated gasoline must contain at
least 2 percent oxygen by weight;
(3) at the time of the adoption of the fuel oxygen
standard, Congress was aware that significant use of
MTBE could result from the adoption of that stand-
ard, and that the use of MTBE would likely be im-
portant to the cost-effective implementation of that
program;
(4) Congress is aware that gasoline and its com-
ponent additives have leaked from storage tanks, with
consequences for water quality;
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(5) the fuel industry responded to the fuel oxy-
genate standard established by Public Law 101–549
by making substantial investments in—
(A) MTBE production capacity; and
(B) systems to deliver MTBE-containing
gasoline to the marketplace;
(6) when leaked or spilled into the environment,
MTBE may cause serious problems of drinking water
quality;
(7) in recent years, MTBE has been detected in
water sources throughout the United States;
(8) MTBE can be detected by smell and taste at
low concentrations;
(9) while small quantities of MTBE can render
water supplies unpalatable, the precise human health
effects of MTBE consumption at low levels are yet un-
known;
(10) in the report entitled ‘‘Achieving Clean Air
and Clean Water: The Report of the Blue Ribbon
Panel on Oxygenates in Gasoline’’ and dated Sep-
tember 1999, Congress was urged—
(A) to eliminate the fuel oxygenate stand-
ard;
(B) to greatly reduce use of MTBE; and
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(C) to maintain the environmental perform-
ance of reformulated gasoline;
(11) Congress has—
(A) reconsidered the relative value of MTBE
in gasoline; and
(B) decided to eliminate use of MTBE as a
fuel additive;
(12) the timeline for elimination of use of MTBE
as a fuel additive must be established in a manner
that achieves an appropriate balance among the goals
of—
(A) environmental protection;
(B) adequate energy supply; and
(C) reasonable fuel prices; and
(13) it is appropriate for Congress to provide
some limited transition assistance—
(A) to merchant producers of MTBE who
produced MTBE in response to a market created
by the oxygenate requirement contained in the
Clean Air Act; and
(B) for the purpose of mitigating any fuel
supply problems that may result from elimi-
nation of a widely-used fuel additive.
(b) PURPOSES.—The purposes of this section are—
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(1) to eliminate use of MTBE as a fuel oxygen-
ate; and
(2) to provide assistance to merchant producers
of MTBE in making the transition from producing
MTBE to producing other fuel additives.
(c) AUTHORITY FOR WATER QUALITY PROTECTION
FROM FUELS.—Section 211(c) of the Clean Air Act (42
U.S.C. 7545(c)) is amended—
(1) in paragraph (1)(A)—
(A) by inserting ‘‘fuel or fuel additive or’’
after ‘‘Administrator any’’; and
(B) by striking ‘‘air pollution which’’ and
inserting ‘‘air pollution, or water pollution,
that’’;
(2) in paragraph (4)(B), by inserting ‘‘or water
quality protection,’’ after ‘‘emission control,’’; and
(3) by adding at the end the following:
‘‘(5) PROHIBITION ON USE OF MTBE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (E), not later than 4 years after the date
of enactment of this paragraph, the use of methyl
tertiary butyl ether in motor vehicle fuel in any
State other than a State described in subpara-
graph (C) is prohibited.
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‘‘(B) REGULATIONS.—The Administrator
shall promulgate regulations to effect the prohibi-
tion in subparagraph (A).
‘‘(C) STATES
THAT
AUTHORIZE
USE.—A
State described in this subparagraph is a State
that submits to the Administrator a notice that
the State authorizes use of methyl tertiary butyl
ether in motor vehicle fuel sold or used in the
State.
‘‘(D) PUBLICATION
OF
NOTICE.—The Ad-
ministrator shall publish in the Federal Register
each notice submitted by a State under subpara-
graph (C).
‘‘(E) 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 Adminis-
trator determines to be appropriate.
‘‘(6) MTBE MERCHANT PRODUCER CONVERSION
ASSISTANCE.—
‘‘(A) IN GENERAL.—
‘‘(i) GRANTS.—The Secretary of En-
ergy, in consultation with the Adminis-
trator, may make grants to merchant pro-
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ducers of methyl tertiary butyl ether in the
United States to assist the producers in the
conversion of eligible production facilities
described in subparagraph (C) to the pro-
duction of iso-octane and alkylates.
‘‘(ii) DETERMINATION.—The Adminis-
trator, in consultation with the Secretary of
Energy, may determine that transition as-
sistance for the production of iso-octane and
alkylates is inconsistent with the provisions
of subparagraph (B) and, on that basis,
may deny applications for grants author-
ized by this provision.
‘‘(B) FURTHER GRANTS.—The Secretary of
Energy, in consultation with the Administrator,
may also further make grants to merchant pro-
ducers of MTBE in the United States to assist
the producers in the conversion of eligible pro-
duction facilities described in subparagraph (C)
to the production of such other fuel additives
that, consistent with 211(c)—
‘‘(i) unless the Administrator deter-
mines that such fuel additives may reason-
ably be anticipated to endanger public
health or the environment;
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‘‘(ii) have been registered and have
been tested or are being tested in accordance
with the requirements of this section; and
‘‘(iii) will contribute to replacing gaso-
line volumes lost as a result of paragraph
(5).
‘‘(C) ELIGIBLE PRODUCTION FACILITIES.—
A production facility shall be eligible to receive
a grant under this paragraph if the production
facility—
‘‘(i) is located in the United States;
and
‘‘(ii) produced methyl tertiary butyl
ether for consumption in nonattainment
areas during the period—
‘‘(I) beginning on the date of en-
actment of this paragraph; and
‘‘(II) ending on the effective date
of the prohibition on the use of methyl
tertiary butyl ether under paragraph
(5).
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out this paragraph $250,000,000 for
each of fiscal years 2003 through 2005.’’.
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(d) NO EFFECT ON LAW CONCERNING STATE AUTHOR-
ITY.—The amendments made by subsection (c) have no ef-
fect on the law in effect on the day before the date of enact-
ment of this Act regarding the authority of States to limit
the use of methyl tertiary butyl ether in motor vehicle fuel.
SEC. 834. ELIMINATION OF OXYGEN CONTENT REQUIRE-
MENT FOR REFORMULATED GASOLINE.
(a) ELIMINATION.—
(1) IN GENERAL.—Section 211(k) of the Clean
Air Act (42 U.S.C. 7545(k)) is amended—
(A) in paragraph (2)—
(i) in the second sentence of subpara-
graph (A), by striking ‘‘(including the oxy-
gen content requirement contained in sub-
paragraph (B))’’;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraphs
(C) and (D) as subparagraphs (B) and (C),
respectively;
(B) in paragraph (3)(A), by striking clause
(v);
(C) in paragraph (7)—
(i) in subparagraph (A)—
(I) by striking clause (i); and
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(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); and
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) take effect 270 days after the date
of enactment of this Act, except that such amendments
shall take effect upon enactment in any State that has
received a waiver under section 209(b) of the Clean
Air Act.
(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 Novem-
ber 15, 1991,’’; and
(2) by adding at the end the following:
‘‘(B) MAINTENANCE OF TOXIC AIR POLLUT-
ANT
EMISSIONS
REDUCTIONS
FROM
REFORMU-
LATED GASOLINE.—
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‘‘(i) DEFINITIONS.—In this subpara-
graph the term ‘PADD’ means a Petroleum
Administration for Defense District.
‘‘(ii) REGULATIONS REGARDING EMIS-
SIONS
OF
TOXIC
AIR
POLLUTANTS.—Not
later than 270 days after the date of enact-
ment of this subparagraph, the Adminis-
trator shall establish, for each refinery or
importer (other than a refinery or importer
in a State that has received a waiver under
section 209(b) with regard to gasoline pro-
duced for use in that state), standards for
toxic air pollutants from use of the reformu-
lated gasoline produced or distributed by
the refinery or importer that maintain the
reduction of the average annual aggregate
emissions of toxic air pollutants for refor-
mulated gasoline 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 SPE-
CIFIC REFINERIES OR IMPORTERS.—
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‘‘(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 importer
in the calendar year only to the extent
that the quantity is less than or equal
to the average annual quantity of re-
formulated gasoline produced or dis-
tributed by the refinery or importer
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 subject
to subclause (I) shall be subject to
standards for toxic air pollutants pro-
mulgated 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-
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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 enactment of
this subparagraph, and not later than
April 1 of each calendar year that be-
gins after that date of enactment, the
Administrator shall publish in the
Federal Register a report that specifies,
with respect to the previous 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 av-
erage annual aggregate emissions
of toxic air pollutants in each
PADD, based on retail survey
data or data from other appro-
priate sources.
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‘‘(II) EFFECT
OF
FAILURE
TO
MAINTAIN AGGREGATE TOXICS REDUC-
TIONS.—If, in any calendar year, the
reduction of the average annual aggre-
gate emissions of toxic air pollutants
in a PADD fails to meet or exceed the
reduction of the average annual aggre-
gate emissions of toxic air pollutants
in the PADD in calendar years 1999
and 2000, the Administrator, not later
than 90 days after the date of publica-
tion of the report for the calendar year
under subclause (I), shall—
‘‘(aa) identify, to the max-
imum extent practicable, the rea-
sons for the failure, including the
sources, volumes, and characteris-
tics of reformulated gasoline that
contributed to the failure; and
‘‘(bb) promulgate revisions to
the regulations promulgated under
clause (ii), to take effect not ear-
lier than 180 days but not later
than 270 days after the date of
promulgation, to provide that,