I 
108TH CONGRESS 
1ST SESSION 
H. R. 837
To amend the Clean Air Act to eliminate methyl tertiary butyl ether from 
the United States fuel supply, to increase production and use of renew-
able fuel, and to increase the Nation’s energy independence, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2003
Mr. PETERSON of Minnesota (for himself and Mr. OSBORNE) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to eliminate methyl tertiary 
butyl ether from the United States fuel supply, to in-
crease production and use of renewable fuel, and to 
increase the Nation’s energy independence, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fuels Security Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
TITLE I—GENERAL PROVISIONS 
Sec. 101. Renewable content of motor vehicle fuel. 
Sec. 102. Federal agency ethanol-blended gasoline and biodiesel purchasing re-
quirement. 
Sec. 103. Commercial byproducts from municipal solid waste loan guarantee 
program. 
Sec. 104. Data collection. 
TITLE II—FEDERAL REFORMULATED FUELS 
Sec. 201. Short title. 
Sec. 202. Leaking underground storage tanks. 
Sec. 203. Authority for water quality protection from fuels. 
Sec. 204. Elimination of oxygen content requirement for reformulated gasoline. 
Sec. 205. Public health and environmental impacts of fuels and fuel additives. 
Sec. 206. Analyses of motor vehicle fuel changes. 
Sec. 207. Additional opt-in areas under reformulated gasoline program. 
Sec. 208. Federal enforcement of State fuels requirements. 
Sec. 209. Fuel system requirements harmonization study. 
Sec. 210. Review of Federal procurement initiatives relating to use of recycled 
products and fleet and transportation efficiency.
SEC. 101. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL. 
(a) IN GENERAL.—Section 211 of the Clean Air Act 
(42 U.S.C. 7545) is amended—
(1) by redesignating subsection (o) as sub-
section (q); and 
(2) by inserting after subsection (n) the fol-
lowing: 
‘‘(o) RENEWABLE FUEL PROGRAM.— 
‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) CELLULOSIC
BIOMASS
ETHANOL.—
The term ‘cellulosic biomass ethanol’ means 
ethanol derived from any lignocellulosic or 
hemicellulosic matter that is available on a re-
newable or recurring basis, including—
‘‘(i) dedicated energy crops and trees;
‘‘(ii) wood and wood residues; 
‘‘(iii) plants; 
‘‘(iv) grasses; 
‘‘(v) agricultural residues; 
‘‘(vi) fibers; 
‘‘(vii) animal wastes and other waste 
materials; and 
‘‘(viii) municipal solid waste. 
‘‘(B) RENEWABLE FUEL.—
‘‘(i) IN GENERAL.—The term ‘renew-
able fuel’ means motor vehicle fuel that—
‘‘(I)(aa) is produced from grain, 
starch, oilseeds, or other biomass; or 
‘‘(bb) is natural gas produced 
from a biogas source, including a 
landfill, sewage waste treatment plant, 
feedlot, or other place where decaying 
organic material is found; and 
‘‘(II) is used to replace or reduce 
the quantity of fossil fuel present in a 
fuel mixture used to operate a motor 
vehicle. 
‘‘(ii) INCLUSION.—The term ‘renew-
able fuel’ includes cellulosic biomass eth-
anol and biodiesel (as defined in section
312(f) of the Energy Policy Act of 1992 
(42 U.S.C. 13220(f)). 
‘‘(C) SMALL REFINERY.—The term ‘small 
refinery’ means a refinery for which average ag-
gregate daily crude oil throughput for the cal-
endar year (as determined by dividing the ag-
gregate throughput for the calendar year by the 
number of days in the calendar year) does not 
exceed 75,000 barrels. 
‘‘(2) RENEWABLE FUEL PROGRAM.—
‘‘(A) IN GENERAL.—Not later than 1 year 
from enactment of this provision, the Adminis-
trator shall promulgate regulations ensuring 
that gasoline sold or dispensed to consumers in 
the United States, on an annual average basis, 
contains the applicable volume of renewable fuel 
as specified in subparagraph (B). Regardless of 
the date of promulgation, such regulations shall 
contain compliance provisions for refiners, 
blenders, and importers, as appropriate, to en-
sure that the requirements of this section are 
met, but shall not restrict where renewables can 
be used, or impose any per-gallon obligation for 
the use of renewables. If the Administrator does 
not promulgate such regulations, the applicable
percentage, on a volume percentage of gasoline 
basis, shall be 1.62 in 2004. 
‘‘(B) APPLICABLE VOLUME.—
‘‘(i) CALENDAR YEARS 2004 THROUGH 
2012.—For the purpose of subparagraph 
(A), the applicable volume for any of cal-
endar years 2004 through 2012 shall be 
determined in accordance with the fol-
lowing table:
‘‘Applicable volume of renewable fuel 
‘‘Calendar year: 
(In billions of gallons) 
2004 .....................................................................................
2.3
2005 .....................................................................................
2.6
2006 .....................................................................................
2.9
2007 .....................................................................................
3.2
2008 .....................................................................................
3.5
2009 .....................................................................................
3.9
2010 .....................................................................................
4.3
2011 .....................................................................................
4.7
2012 .....................................................................................
5.0.
‘‘(ii) CALENDAR
YEAR
2013
AND 
THEREAFTER.—For the purpose of sub-
paragraph (A), the applicable volume for 
calendar year 2013 and each calendar year 
thereafter shall be equal to the product ob-
tained by multiplying—
‘‘(I) the number of gallons of 
gasoline that the Administrator esti-
mates will be sold or introduced into 
commerce in the calendar year; and 
‘‘(II) the ratio that—
‘‘(aa) 5.0 billion gallons of 
renewable fuels; bears to 
‘‘(bb) the number of gallons 
of gasoline sold or introduced 
into commerce in calendar year 
2012. 
‘‘(3) APPLICABLE
PERCENTAGES.—Not later 
than October 31 of each calendar year, through 
2011, the Administrator of the Energy Information 
Administration shall provide the Administrator an 
estimate of the volumes of gasoline sales in the 
United States for the coming calendar year. Based 
on such estimates, the Administrator shall by No-
vember 30 of each calendar year, through 2011, de-
termine and publish in the Federal Register, the re-
newable fuel obligation, on a volume percentage of 
gasoline basis, applicable to refiners, blenders, dis-
tributors and importers, as appropriate, for the com-
ing calendar year, to ensure that the requirements 
of paragraph (2) are met. For each calendar year, 
the Administrator shall establish a single applicable 
percentage that applies to all parties, and make pro-
vision to avoid redundant obligations. In determining 
the applicable percentages, the Administrator shall 
make adjustments to account for the use of renew-
the credits to another person, for the purpose 
of complying with paragraph (2). 
‘‘(C) LIFE
OF
CREDITS.—A credit gen-
erated under this paragraph shall be valid to 
show compliance: 
(i) in the calendar year in which the 
credit was generated or the next calendar 
year, or 
(ii) in the calendar year in which the 
credit was generated or next two consecu-
tive calendar years if the Administrator 
promulgates regulations under paragraph 
(6). 
‘‘(D) INABILITY TO PURCHASE SUFFICIENT 
CREDITS.—The regulations promulgated to 
carry out this subsection shall include provi-
sions allowing any person that is unable to gen-
erate or purchase sufficient credits to meet the 
requirements under paragraph (2) to carry for-
ward a renewables deficit provided that, in the 
calendar year following the year in which the 
renewables deficit is created, such person shall 
achieve compliance with the renewables require-
ment under paragraph (2), and shall generate
or purchase additional renewables credits to off-
set the renewables deficit of the previous year. 
‘‘(6) SEASONAL
VARIATIONS
IN
RENEWABLE 
FUEL USE.—
‘‘(A) STUDY.—For each of calendar years 
2004 through 2012, the Administrator of the 
Energy Information Administration, shall con-
duct a study of renewable fuels blending to de-
termine whether there are excessive seasonal 
variations in the use of renewable fuels. 
‘‘(B) REGULATION
OF
EXCESSIVE
SEA-
SONAL VARIATIONS.—If, for any calendar year, 
the Administrator of the Energy Information 
Administration, based on the study under sub-
paragraph (A), makes the determinations speci-
fied in subparagraph (C), the Administrator 
shall promulgate regulations to ensure that 35 
percent or more of the quantity of renewable 
fuels necessary to meet the requirement of 
paragraph (2) is used during each of the peri-
ods specified in subparagraph (D) of each sub-
sequent calendar year. 
‘‘(C) DETERMINATIONS.—The determina-
tions referred to in subparagraph (B) are 
that—
‘‘(i) less than 35 percent of the quan-
tity of renewable fuels necessary to meet 
the requirement of paragraph (2) has been 
used during one of the periods specified in 
subparagraph (D) of the calendar year; 
and 
‘‘(ii) a pattern of excessive seasonal 
variation described in clause (i) will con-
tinue in subsequent calendar years. 
‘‘(D) PERIODS.—The two periods referred 
to in this paragraph are—
‘‘(i) April through September; and 
‘‘(ii) January through March and Oc-
tober through December. 
‘‘(E) 
EXCLUSIONS.—Renewable 
fuels 
blended or consumed in 2004 in a state which 
has received a waiver under section 209(b) shall 
not be included in the study in subparagraph 
(A). 
‘‘(7) WAIVERS.—
‘‘(A) IN GENERAL.—The Administrator, in 
consultation with the Secretary of Agriculture 
and the Secretary of Energy, may waive the re-
quirement of paragraph (2) in whole or in part 
on petition by one or more States by reducing
the national quantity of renewable fuel required 
under this subsection—
‘‘(i) based on a determination by the 
Administrator, after public notice and op-
portunity for comment, that implementa-
tion of the requirement would severely 
harm the economy or environment of a 
State, a region, or the United States; or 
‘‘(ii) based on a determination by the 
Administrator, after public notice and op-
portunity for comment, that there is an in-
adequate domestic supply or distribution 
capacity to meet the requirement. 
‘‘(B) PETITIONS FOR WAIVERS.—The Ad-
ministrator, in consultation with the Secretary 
of Agriculture and the Secretary of Energy, 
shall approve or disapprove a State petition for 
a waiver of the requirement of paragraph (2) 
within 90 days after the date on which the peti-
tion is received by the Administrator. 
‘‘(C) TERMINATION OF WAIVERS.—A waiv-
er granted under subparagraph (A) shall termi-
nate after 1 year, but may be renewed by the 
Administrator after consultation with the Sec-
retary of Agriculture and the Secretary of En-
ergy. 
‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF 
PROGRAM.—Not later than 180 days from enact-
ment, the Secretary of Energy shall complete for the 
Administrator a study assessing whether the renew-
able fuels requirement under paragraph (2) will like-
ly result in significant adverse consumer impacts in 
2004, on a national, regional or state basis. Such 
study shall evaluate renewable fuel supplies and 
prices, blendstock supplies, and supply and distribu-
tion system capabilities. Based on such study, the 
Secretary shall make specific recommendations to 
the Administrator regarding waiver of the require-
ments of paragraph (2), in whole or in part, to avoid 
any such adverse impacts. Within 270 days from en-
actment, the Administrator shall, consistent with the 
recommendations of the Secretary waive, in whole or 
in part, the renewable fuels requirement under para-
graph (2) by reducing the national quantity of re-
newable fuel required under this subsection in 2004. 
This provision shall not be interpreted as limiting 
the Administrator’s authority to waive the require-
ments of paragraph (2) in whole, or in part, under 
paragraph (7), pertaining to waivers.
‘‘(9) SMALL REFINERIES.—
‘‘(A) IN
GENERAL.—The requirement of 
paragraph (2) shall not apply to small refineries 
until January 1, 2008. Not later than Decem-
ber 31, 2006, the Secretary of Energy shall 
complete for the Administrator a study to de-
termine whether the requirement of paragraph 
(2) would impose a disproportionate economic 
hardship on small refineries. For any small re-
finery that the Secretary of Energy determines 
would experience a disproportionate economic 
hardship, the Administrator shall extend the 
small refinery exemption for such small refinery 
for no less than two additional years. 
‘‘(B) ECONOMIC HARDSHIP.—
‘‘(i) EXTENSION OF EXEMPTION.—A 
small refinery may at any time petition the 
Administrator for an extension of the ex-
emption from the requirement of para-
graph (2) for the reason of dispropor-
tionate economic hardship. In evaluating a 
hardship petition, the Administrator, in 
consultation with the Secretary of Energy, 
shall consider the findings of the study in 
addition to other economic factors.
‘‘(ii) DEADLINE FOR ACTION ON PETI-
TIONS.—The Administrator shall act on 
any petition submitted by a small refinery 
for a hardship exemption not later than 90 
days after the receipt of the petition. 
‘‘(C) CREDIT PROGRAM.—If a small refin-
ery notifies the Administrator that it waives the 
exemption provided by this Act, the regulations 
shall provide for the generation of credits by 
the small refinery beginning in the year fol-
lowing such notification. 
‘‘(D) OPT-IN
FOR
SMALL
REFINERS.—A 
small refinery shall be subject to the require-
ments of this section if it notifies the Adminis-
trator that it waives the exemption under sub-
paragraph (A).’’. 
(b) 
PENALTIES
AND
ENFORCEMENT.—Section 
211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is 
amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘or 
(n)’’ each place it appears and inserting ‘‘(n) or 
(o)’’; and 
(B) in the second sentence, by striking ‘‘or 
(m)’’ and inserting ‘‘(m), or (o)’’; and
(2) in the first sentence of paragraph (2), by 
striking ‘‘and (n)’’ each place it appears and insert-
ing ‘‘(n), and (o)’’. 
(c) EXCLUSION FROM ETHANOL WAIVER.—Section 
211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 
amended—
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) EXCLUSION FROM ETHANOL WAIVER.—
‘‘(A) PROMULGATION OF REGULATIONS.—
Upon notification, accompanied by supporting 
documentation, from the Governor of a State 
that the Reid vapor pressure limitation estab-
lished by paragraph (4) will increase emissions 
that contribute to air pollution in any area in 
the State, the Administrator shall, by regula-
tion, apply, in lieu of the Reid vapor pressure 
limitation established by paragraph (4), the 
Reid vapor pressure limitation established by 
paragraph (1) to all fuel blends containing gas-
oline and 10 percent denatured anhydrous eth-
anol that are sold, offered for sale, dispensed, 
supplied, offered for supply, transported or in-
troduced into commerce in the area during the 
high ozone season. 
‘‘(B) DEADLINE
FOR
PROMULGATION.—
The Administrator shall promulgate regulations 
under subparagraph (A) not later than 90 days 
after the date of receipt of a notification from 
a Governor under that subparagraph. 
‘‘(C) EFFECTIVE DATE.—
‘‘(i) IN GENERAL.—With respect to an 
area in a State for which the Governor 
submits a notification under subparagraph 
(A), the regulations under that subpara-
graph shall take effect on the later of—
‘‘(I) the first day of the first high 
ozone season for the area that begins 
after the date of receipt of the notifi-
cation; or 
‘‘(II) 1 year after the date of re-
ceipt of the notification. 
‘‘(ii) EXTENSION OF EFFECTIVE DATE 
BASED
ON
DETERMINATION
OF
INSUFFI-
CIENT SUPPLY.—
‘‘(I) IN GENERAL.—If, after re-
ceipt of a notification with respect to 
an area from a Governor of a State
under subparagraph (A), the Adminis-
trator determines, on the Administra-
tor’s own motion or on petition of any 
person and after consultation with the 
Secretary of Energy, that the promul-
gation of regulations described in sub-
paragraph (A) would result in an in-
sufficient supply of gasoline in the 
State, the Administrator, by regula-
tion—
‘‘(aa) shall extend the effec-
tive date of the regulations under 
clause (i) with respect to the area 
for not more than 1 year; and 
‘‘(bb) may renew the exten-
sion under item (aa) for two ad-
ditional periods, each of which 
shall not exceed 1 year. 
‘‘(II) DEADLINE FOR ACTION ON 
PETITIONS.—The Administrator shall 
act on any petition submitted under 
subclause (I) not later than 180 days 
after the date of receipt of the peti-
tion.’’. 
(d) SURVEY OF RENEWABLE FUEL MARKET.—
(1) SURVEY AND REPORT.—Not later than De-
cember 1, 2005, and annually thereafter, the Admin-
istrator shall—
(A) conduct, with respect to each conven-
tional gasoline use area and each reformulated 
gasoline use area in each State, a survey to de-
termine the market shares of—
(i) conventional gasoline containing 
ethanol; 
(ii) reformulated gasoline containing 
ethanol; 
(iii) conventional gasoline containing 
renewable fuel; and 
(iv) reformulated gasoline containing 
renewable fuel; and 
(B) submit to Congress, and make publicly 
available, a report on the results of the survey 
under subparagraph (A). 
(2) RECORDKEEPING
AND
REPORTING
RE-
QUIREMENTS.—The Administrator may require any 
refiner, blender, or importer to keep such records 
and make such reports as are necessary to ensure 
that the survey conducted under paragraph (1) is 
accurate. The Administrator shall rely, to the extent
practicable, on existing reporting and recordkeeping 
requirements to avoid duplicative requirements. 
(3) APPLICABLE
LAW.—Activities carried out 
under this subsection shall be conducted in a man-
ner designed to protect confidentiality of individual 
responses. 
(e) RENEWABLE FUELS SAFE HARBOR.—
(1) IN GENERAL.—Notwithstanding any other 
provision of federal or state law, no renewable fuel, 
as defined by this Act, used or intended to be used 
as a motor vehicle fuel, nor any motor vehicle fuel 
containing such renewable fuel, shall be deemed de-
fective in design or manufacture by virtue of the fact 
that it is, or contains, such a renewable fuel, if it 
does not violate a control or prohibition imposed by 
the Administrator under section 211 of the Clean 
Air Act, as amended by this Act, and the manufac-
turer is in compliance with all requests for informa-
tion under section 211(b) of the Clean Air Act, as 
amended by this Act. In the event that the safe har-
bor under this section does not apply, the existence 
of a design defect or manufacturing defect shall be 
determined under otherwise applicable law. 
(2) EXCEPTIONS.—This subsection shall not 
apply to ethers.
(3) EFFECTIVE DATE.—This subsection shall be 
effective as of the date of enactment and shall apply 
with respect to all claims filed on or after that date. 
SEC. 102. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE 
AND 
BIODIESEL 
PURCHASING 
REQUIRE-
MENT. 
Title III of the Energy Policy Act of 1992 is amended 
by striking section 306 (42 U.S.C. 13215) and inserting 
the following: 
‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASO-
LINE AND BIODIESEL PURCHASING REQUIRE-
MENT. 
‘‘(a) ETHANOL-BLENDED GASOLINE.—The head of 
each Federal agency shall ensure that, in areas in which 
ethanol-blended gasoline is reasonably available at a gen-
erally competitive price, the Federal agency purchases eth-
anol-blended gasoline containing at least 10 percent eth-
anol rather than nonethanol-blended gasoline, for use in 
vehicles used by the agency that use gasoline. 
‘‘(b) BIODIESEL.—
‘‘(1) DEFINITION OF BIODIESEL.—In this sub-
section, the term ‘biodiesel’ has the meaning given 
the term in section 312(f). 
‘‘(2) REQUIREMENT.—The head of each Fed-
eral agency shall ensure that the Federal agency
purchases, for use in fueling fleet vehicles that use 
diesel fuel used by the Federal agency at the loca-
tion at which fleet vehicles of the Federal agency are 
centrally fueled, in areas in which the biodiesel-
blended diesel fuel described in paragraphs (A) and 
(B) is available at a generally competitive price—
‘‘(A) as of the date that is 5 years after 
the date of enactment of this paragraph, bio-
diesel-blended diesel fuel that contains at least 
2 percent biodiesel, rather than nonbiodiesel-
blended diesel fuel; and 
‘‘(B) as of the date that is 10 years after 
the date of enactment of this paragraph, bio-
diesel-blended diesel fuel that contains at least 
20 percent biodiesel, rather than nonbiodiesel-
blended diesel fuel. 
‘‘(3) REQUIREMENT OF FEDERAL LAW.—The 
provisions of this subsection shall not be considered 
a requirement of Federal law for the purposes of 
section 312. 
‘‘(c) EXEMPTION.—This section does not apply to 
fuel used in vehicles excluded from the definition of ‘fleet’ 
by subparagraphs (A) through (H) of section 301(9).’’.
SEC. 103. COMMERCIAL BYPRODUCTS FROM MUNICIPAL 
SOLID WASTE LOAN GUARANTEE PROGRAM. 
(a) DEFINITION OF MUNICIPAL SOLID WASTE.—In 
this section, the term ‘‘municipal solid waste’’ has the 
meaning given the term ‘‘solid waste’’ in section 1004 of 
the Solid Waste Disposal Act (42 U.S.C. 6903). 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Energy shall establish a program to provide guarantees 
of loans by private institutions for the construction of fa-
cilities for the processing and conversion of municipal solid 
waste into fuel ethanol and other commercial byproducts. 
(c) REQUIREMENTS.—The Secretary may provide a 
loan guarantee under subsection (b) to an applicant if—
(1) without a loan guarantee, credit is not 
available to the applicant under reasonable terms or 
conditions sufficient to finance the construction of a 
facility described in subsection (b); 
(2) the prospective earning power of the appli-
cant and the character and value of the security 
pledged provide a reasonable assurance of repayment 
of the loan to be guaranteed in accordance with the 
terms of the loan; and 
(3) the loan bears interest at a rate determined 
by the Secretary to be reasonable, taking into ac-
count the current average yield on outstanding obli-
gations of the United States with remaining periods 
of maturity comparable to the maturity of the loan. 
(d) CRITERIA.—In selecting recipients of loan guar-
antees from among applicants, the Secretary shall give 
preference to proposals that—
(1) meet all applicable Federal and State per-
mitting requirements; 
(2) are most likely to be successful; and 
(3) are located in local markets that have the 
greatest need for the facility because of—
(A) the limited availability of land for 
waste disposal; or 
(B) a high level of demand for fuel ethanol 
or other commercial byproducts of the facility. 
(e) MATURITY.—A loan guaranteed under subsection 
(b) shall have a maturity of not more than 20 years. 
(f) TERMS AND CONDITIONS.—The loan agreement 
for a loan guaranteed under subsection (b) shall provide 
that no provision of the loan agreement may be amended 
or waived without the consent of the Secretary. 
(g) ASSURANCE
OF REPAYMENT.—The Secretary 
shall require that an applicant for a loan guarantee under 
subsection (b) provide an assurance of repayment in the 
form of a performance bond, insurance, collateral, or other
means acceptable to the Secretary in an amount equal to 
not less than 20 percent of the amount of the loan. 
(h) GUARANTEE FEE.—The recipient of a loan guar-
antee under subsection (b) shall pay the Secretary an 
amount determined by the Secretary to be sufficient to 
cover the administrative costs of the Secretary relating to 
the loan guarantee. 
(i) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States is pledged to the payment of 
all guarantees made under this section. Any such guar-
antee made by the Secretary shall be conclusive evidence 
of the eligibility of the loan for the guarantee with respect 
to principal and interest. The validity of the guarantee 
shall be incontestable in the hands of a holder of the guar-
anteed loan. 
(j) REPORTS.—Until each guaranteed loan under this 
section has been repaid in full, the Secretary shall annu-
ally submit to Congress a report on the activities of the 
Secretary under this section. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
(l) TERMINATION OF AUTHORITY.—The authority of 
the Secretary to issue a loan guarantee under subsection
(b) terminates on the date that is 10 years after the date 
of enactment of this Act. 
SEC. 104. DATA COLLECTION. 
Section 205 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7135) is amended by adding at the 
end the following: 
‘‘(m) In order to improve the ability to evaluate the 
effectiveness of the Nation’s renewable fuels mandate, the 
Administrator shall conduct and publish the results of a 
survey of renewable fuels consumption in the motor vehicle 
fuels market in the United States monthly, and in a man-
ner designed to protect the confidentiality of individual re-
sponses. In conducting the survey, the Administrator shall 
collect information retrospectively to 1998, both on a na-
tional basis and a regional basis, including— 
‘‘(1) the quantity of renewable fuels produced; 
‘‘(2) the cost of production; 
‘‘(3) the cost of blending and marketing; 
‘‘(4) the quantity of renewable fuels blended; 
‘‘(5) the quantity of renewable fuels imported; 
and 
‘‘(6) market price data.’’.
TITLE II—FEDERAL 
REFORMULATED FUELS 
SEC. 201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Reformu-
lated Fuels Act of 2002’’. 
SEC. 202. LEAKING UNDERGROUND STORAGE TANKS. 
(a) USE OF LUST FUNDS FOR REMEDIATION OF 
CONTAMINATION FROM ETHER FUEL ADDITIVES.—Sec-
tion 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 ter-
tiary butyl ether or other ether fuel additive
that presents a threat to human health, welfare, 
or the environment. 
‘‘(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 
subparagraph (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—
‘‘(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 High-
er Education Act of 1965 (20 U.S.C. 1001)) with estab-
lished 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).
‘‘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 avail-
able 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.’’.
(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 ‘‘sub-
section (c) and (d) of this section’’ and inserting ‘‘sub-
sections (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 
‘‘referred to in subparagraph (A) or (B), or both, of sec-
tion 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 tak-
ing’’ and inserting ‘‘study, taking’’; 
(B) in subsection (b)(1), by striking ‘‘relevent’’ 
and inserting ‘‘relevant’’; and
(C) 
in 
subsection 
(b)(4), 
by 
striking 
‘‘Evironmental’’ and inserting ‘‘Environmental’’. 
SEC. 203. 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 oxy-
gen standard, Congress was aware that significant 
use of MTBE could result from the adoption of that 
standard, and that the use of MTBE would likely be 
important to the cost-effective implementation of 
that program; 
(4) Congress is aware that gasoline and its 
component additives have leaked from storage tanks, 
with consequences for water quality;
(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 
unknown; 
(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
(C) to maintain the environmental per-
formance 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 cre-
ated 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—
(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 
subparagraph (C) is prohibited.
‘‘(B) REGULATIONS.—The Administrator 
shall promulgate regulations to effect the prohi-
bition 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 Reg-
ister each notice submitted by a State under 
subparagraph (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 
Administrator determines to be appropriate. 
‘‘(6) MTBE MERCHANT
PRODUCER
CONVER-
SION ASSISTANCE.—
‘‘(A) IN GENERAL.—
‘‘(i) GRANTS.—The Secretary of En-
ergy, in consultation with the Adminis-
trator, may make grants to merchant pro-
ducers of methyl tertiary butyl ether in the 
United States to assist the producers in 
the conversion of eligible production facili-
ties described in subparagraph (C) to the 
production of iso-octane and alkylates. 
‘‘(ii) DETERMINATION.—The Admin-
istrator, in consultation with the Secretary 
of Energy, may determine that transition 
assistance for the production of iso-octane 
and alkylates is inconsistent with the pro-
visions of subparagraph (B) and, on that 
basis, may deny applications for grants au-
thorized by this provision. 
‘‘(B) FURTHER
GRANTS.—The Secretary 
of Energy, in consultation with the Adminis-
trator, may also further make grants to mer-
chant producers of MTBE in the United States 
to assist the producers in the conversion of eli-
gible production facilities described in subpara-
graph (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;
‘‘(ii) have been registered and have 
been tested or are being tested in accord-
ance 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
FACILI-
TIES.—A production facility shall be eligible to 
receive a grant under this paragraph if the pro-
duction 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.’’. 
(d) NO EFFECT ON LAW CONCERNING STATE AU-
THORITY.—The amendments made by subsection (c) 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. 204. 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 
(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 amend-
ments 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 No-
vember 15, 1991,’’; and 
(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 Admin-
istrator 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 refor-
mulated gasoline produced or distributed 
by the refinery or importer that maintain 
the reduction of the average annual aggre-
gate emissions of toxic air pollutants for 
reformulated gasoline produced or distrib-
uted by the refinery or importer during 
calendar years 1999 and 2000, determined 
on the basis of data collected by the Ad-
ministrator 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 (iii) 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).’’. 
(c) CONSOLIDATION IN REFORMULATED GASOLINE 
REGULATIONS.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall revise 
the reformulated gasoline regulations under subpart D of 
part 80 of title 40, Code of Federal Regulations, to con-
solidate the regulations applicable to VOC-Control Re-
gions 1 and 2 under section 80.41 of that title by elimi-
nating the less stringent requirements applicable to gaso-
line designated for VOC-Control Region 2 and instead ap-
plying the more stringent requirements applicable to gaso-
line designated for VOC-Control Region 1. 
(d) SAVINGS CLAUSE.—Nothing in this section is in-
tended to affect or prejudice any legal claims or actions 
with respect to regulations promulgated by the Adminis-
trator prior to enactment of this Act regarding emissions 
of toxic air pollutants from motor vehicles. 
(e) DETERMINATION REGARDING
A STATE PETI-
TION.—Section 211(k) of the Clean Air Act (42 U.S.C. 
7545(k)) is amended by inserting after paragraph (10) the 
following: 
‘‘(11) DETERMINATION
REGARDING
A
STATE 
PETITION.—
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of this section, not less than 30 
days after enactment of this paragraph the Ad-
ministrator must determine the adequacy of any 
petition received from a Governor of a State to 
exempt gasoline sold in that State from the re-
quirements of paragraph (2)(B). 
‘‘(B) APPROVAL.—If the determination in 
(A) is not made within thirty days of enactment 
of this paragraph, the petition shall be deemed 
approved.’’. 
SEC. 205. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS 
OF FUELS AND FUEL ADDITIVES. 
Section 211(b) of the Clean Air Act (42 U.S.C. 
7545(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘may also’’ and inserting 
‘‘shall, on a regular basis,’’; and 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) to conduct tests to determine poten-
tial public health and environmental effects of 
the fuel or additive (including carcinogenic, 
teratogenic, or mutagenic effects); and’’; and 
(2) by adding at the end the following:
‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND 
BLENDSTOCKS.—
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this paragraph, 
the Administrator shall—
‘‘(i) conduct a study on the effects on 
public health, air quality, and water re-
sources of increased use of, and the feasi-
bility of using as substitutes for methyl 
tertiary butyl ether in gasoline—
‘‘(I) ethyl tertiary butyl ether; 
‘‘(II) tertiary amyl methyl ether; 
‘‘(III) di-isopropyl ether; 
‘‘(IV) tertiary butyl alcohol; 
‘‘(V) other ethers and heavy alco-
hols, as determined by then Adminis-
trator; 
‘‘(VI) ethanol; 
‘‘(VII) iso-octane; and 
‘‘(VIII) alkylates; 
‘‘(ii) conduct a study on the effects on 
public health, air quality, and water re-
sources of the adjustment for ethanol-
blended reformulated gasoline to the VOC 
performance requirements otherwise appli-
cable 
under 
sections 
211(k)(1) 
and 
211(k)(3) of the Clean Air Act; and 
‘‘(iii) submit to the Committee on En-
vironment and Public Works of the Senate 
and the Committee on Energy and Com-
merce of the House of Representatives a 
report describing the results of these stud-
ies. 
‘‘(B) CONTRACTS
FOR
STUDY.—In car-
rying out this paragraph, the Administrator 
may enter into one or more contracts with non-
governmental entities including but not limited 
to National Energy Laboratories and institu-
tions of higher education (as defined in section 
101 of the Higher Education Act of 1965 (20 
U.S.C. 1001)).’’. 
SEC. 206. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
(as amended by section 101(a)) is amended by inserting 
after subsection (o) the following: 
‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL CHANGES 
AND EMISSIONS MODEL.—
‘‘(1) ANTI-BACKSLIDING ANALYSIS.—
‘‘(A) DRAFT ANALYSIS.—Not later than 4 
years after the date of enactment of this para-
graph, the Administrator shall publish for pub-
lic comment a draft analysis of the changes in 
emissions of air pollutants and air quality due 
to the use of motor vehicle fuel and fuel addi-
tives resulting from implementation of the 
amendments made by the Federal Reformulated 
Fuels Act of 2002. 
‘‘(B) FINAL ANALYSIS.—After providing a 
reasonable opportunity for comment but not 
later than 5 years after the date of enactment 
of this paragraph, the Administrator shall pub-
lish the analysis in final form. 
‘‘(2) EMISSIONS MODEL.—For the purposes of 
this subsection, as soon as the necessary data are 
available, the Administrator shall develop and final-
ize an emissions model that reasonably reflects the 
effects of gasoline characteristics or components on 
emissions from vehicles in the motor vehicle fleet 
during calendar year 2005.’’. 
SEC. 207. ADDITIONAL OPT-IN AREAS UNDER REFORMU-
LATED GASOLINE PROGRAM. 
Section 211(k)(6) of the Clean Air Act (42 U.S.C. 
7545(k)(6)) is amended—
(1) by striking ‘‘(6) OPT-IN
AREAS.—(A) 
Upon’’ and inserting the following:
‘‘(6) OPT-IN AREAS.—
‘‘(A) CLASSIFIED AREAS.—
‘‘(i) IN GENERAL.—Upon’’; 
(2) in subparagraph (B), by striking ‘‘(B) If’’ 
and inserting the following: 
‘‘(ii) EFFECT OF INSUFFICIENT DO-
MESTIC CAPACITY TO PRODUCE REFORMU-
LATED GASOLINE.—If’’; 
(3) in subparagraph (A)(ii) (as redesignated by 
paragraph (2))—
(A) in the first sentence, by striking ‘‘sub-
paragraph (A)’’ and inserting ‘‘clause (i)’’; and 
(B) in the second sentence, by striking 
‘‘this paragraph’’ and inserting ‘‘this subpara-
graph’’; and 
(4) by adding at the end the following: 
‘‘(B) OZONE TRANSPORT REGION.—
‘‘(i) APPLICATION OF PROHIBITION.—
‘‘(I) IN
GENERAL.—In addition 
to the provisions of subparagraph (A), 
upon the application of the Governor 
of a State in the ozone transport re-
gion established by section 184(a), the 
Administrator, not later than 180 
days after the date of receipt of the
application, shall apply the prohibition 
specified in paragraph (5) to any area 
in the State (other than an area clas-
sified as a marginal, moderate, seri-
ous, or severe ozone nonattainment 
area under subpart 2 of part D of 
title I) unless the Administrator deter-
mines under clause (iii) that there is 
insufficient capacity to supply refor-
mulated gasoline. 
‘‘(II) PUBLICATION OF APPLICA-
TION.—As soon as practicable after 
the date of receipt of an application 
under subclause (I), the Adminis-
trator shall publish the application in 
the Federal Register. 
‘‘(ii) PERIOD
OF
APPLICABILITY.—
Under clause (i), the prohibition specified 
in paragraph (5) shall apply in a State—
‘‘(I) commencing as soon as prac-
ticable but not later than 2 years 
after the date of approval by the Ad-
ministrator of the application of the 
Governor of the State; and
‘‘(II) ending not earlier than 4 
years after the commencement date 
determined under subclause (I). 
‘‘(iii) EXTENSION OF COMMENCEMENT 
DATE
BASED
ON
INSUFFICIENT
CAPAC-
ITY.—
‘‘(I) IN GENERAL.—If, after re-
ceipt of an application from a Gov-
ernor of a State under clause (i), the 
Administrator determines, on the Ad-
ministrator’s own motion or on peti-
tion of any person, after consultation 
with the Secretary of Energy, that 
there is insufficient capacity to supply 
reformulated gasoline, the Adminis-
trator, by regulation—
‘‘(aa) shall extend the com-
mencement date with respect to 
the State under clause (ii)(I) for 
not more than 1 year; and 
‘‘(bb) may renew the exten-
sion under item (aa) for two ad-
ditional periods, each of which 
shall not exceed 1 year.
‘‘(II) DEADLINE FOR ACTION ON 
PETITIONS.—The Administrator shall 
act on any petition submitted under 
subclause (I) not later than 180 days 
after the date of receipt of the peti-
tion.’’. 
SEC. 208. FEDERAL ENFORCEMENT OF STATE FUELS RE-
QUIREMENTS. 
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
7545(c)(4)(C)) is amended—
(1) by striking ‘‘(C) A State’’ and inserting the 
following: 
‘‘(C) AUTHORITY OF STATE TO CONTROL 
FUELS AND FUEL ADDITIVES FOR REASONS OF 
NECESSITY.—
‘‘(i) IN GENERAL.—A State’’; and 
(2) by adding at the end the following: 
‘‘(ii) ENFORCEMENT BY THE ADMIN-
ISTRATOR.—In any case in which a State 
prescribes and enforces a control or prohi-
bition under clause (i), the Administrator, 
at the request of the State, shall enforce 
the control or prohibition as if the control 
or prohibition had been adopted under the 
other provisions of this section.’’.
SEC. 209. FUEL SYSTEM REQUIREMENTS HARMONIZATION 
STUDY. 
(a) STUDY.—
(1) IN
GENERAL.—The Administrator of the 
Environmental Protection Agency and the Secretary 
of Energy shall jointly conduct a study of Federal, 
State, and local requirements concerning motor vehi-
cle fuels, including—
(A) requirements relating to reformulated 
gasoline, volatility (measured in Reid vapor 
pressure), oxygenated fuel, and diesel fuel; and 
(B) other requirements that vary from 
State to State, region to region, or locality to 
locality. 
(2) REQUIRED ELEMENTS.—The study shall as-
sess—
(A) the effect of the variety of require-
ments described in paragraph (1) on the supply, 
quality, and price of motor vehicle fuels avail-
able to the consumer; 
(B) the effect of the requirements de-
scribed in paragraph (1) on achievement of—
(i) national, regional, and local air 
quality standards and goals; and 
(ii) related environmental and public 
health protection standards and goals;
(C) the effect of Federal, State, and local 
motor vehicle fuel regulations, including mul-
tiple motor vehicle fuel requirements, on—
(i) domestic refineries; 
(ii) the fuel distribution system; and 
(iii) industry investment in new capac-
ity; 
(D) the effect of the requirements de-
scribed in paragraph (1) on emissions from ve-
hicles, refineries, and fuel handling facilities; 
(E) the feasibility of developing national or 
regional motor vehicle fuel slates for the 48 
contiguous States that, while protecting and im-
proving air quality at the national, regional, 
and local levels, could—
(i) enhance flexibility in the fuel dis-
tribution infrastructure and improve fuel 
fungibility; 
(ii) reduce price volatility and costs to 
consumers and producers; 
(iii) provide increased liquidity to the 
gasoline market; and 
(iv) enhance fuel quality, consistency, 
and supply; and
(F) the feasibility of providing incentives, 
and the need for the development of national 
standards necessary, to promote cleaner burn-
ing motor vehicle fuel. 
(b) REPORT.—
(1) IN
GENERAL.—Not later than June 1, 
2006, the Administrator of the Environmental Pro-
tection Agency and the Secretary of Energy shall 
submit to Congress a report on the results of the 
study conducted under subsection (a). 
(2) RECOMMENDATIONS.—
(A) IN GENERAL.—The report shall con-
tain recommendations for legislative and admin-
istrative actions that may be taken—
(i) to improve air quality; 
(ii) to reduce costs to consumers and 
producers; and 
(iii) to increase supply liquidity. 
(B) 
REQUIRED
CONSIDERATIONS.—The 
recommendations under subparagraph (A) shall 
take into account the need to provide advance 
notice of required modifications to refinery and 
fuel distribution systems in order to ensure an 
adequate supply of motor vehicle fuel in all 
States.
(3) CONSULTATION.—In developing the report, 
the Administrator of the Environmental Protection 
Agency and the Secretary of Energy shall consult 
with—
(A) the Governors of the States; 
(B) automobile manufacturers; 
(C) motor vehicle fuel producers and dis-
tributors; and 
(D) the public. 
SEC. 210. REVIEW OF FEDERAL PROCUREMENT INITIA-
TIVES RELATING TO USE OF RECYCLED 
PRODUCTS 
AND 
FLEET 
AND 
TRANSPOR-
TATION EFFICIENCY. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of General Services shall 
submit to Congress a report that details efforts by each 
Federal agency to implement the procurement policies 
specified in Executive Order No. 13101 (63 Fed. Reg. 
49643; relating to governmental use of recycled products) 
and Executive Order No. 13149 (65 Fed. Reg. 24607; re-
lating to Federal fleet and transportation efficiency).
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