I 
112TH CONGRESS 
2D SESSION 
H. R. 4345 
To provide liability protection for claims based on the design, manufacture, 
sale, offer for sale, introduction into commerce, or use of certain fuels 
and fuel additives, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2012 
Mr. SHIMKUS (for himself, Mr. ROSS of Arkansas, Mr. SULLIVAN, and Mr. 
PETERSON) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide liability protection for claims based on the design, 
manufacture, sale, offer for sale, introduction into com-
merce, or use of certain fuels and fuel additives, 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 ‘‘Domestic Fuels Pro-
tection Act of 2012’’. 
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SEC. 2. FUEL COMPATIBILITY. 
(a) COMPATIBILITY.—Subtitle I of the Solid Waste 
Disposal Act (42 U.S.C. 6991 et seq.) is amended— 
(1) by redesignating section 9014 as section 
9015; and 
(2) by inserting after section 9013 the fol-
lowing: 
‘‘SEC. 9014. COMPATIBILITY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ASSOCIATED
DISPENSING
EQUIPMENT.— 
The term ‘associated dispensing equipment’ means 
equipment, at a stationary facility, that is— 
‘‘(A) used for the storage and dispensing 
of any fuel or fuel additive described in sub-
section (b)(3)(A) and that dispenses the fuel or 
fuel additive into any fuel tank of any motor ve-
hicle, motor vehicle engine, nonroad vehicle, 
nonroad engine, or nonroad equipment; and 
‘‘(B) subject to regulation under sections 
1910.106 and 1926.152 of title 29, Code of 
Federal Regulations (as in effect on the date of 
enactment of the Domestic Fuels Protection 
Act of 2012). 
‘‘(2) COMPATIBLE.—The term ‘compatible’ has 
the meaning given the term in section 280.12 of title 
40, Code of Federal Regulations (as in effect on the 
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date of enactment of the Domestic Fuels Protection 
Act of 2012). 
‘‘(3) 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). 
‘‘(4) MOTOR
VEHICLE
ENGINE.—The term 
‘motor vehicle engine’ means an engine in a motor 
vehicle. 
‘‘(5) 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). 
‘‘(6) 
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 is powered by a nonroad engine. 
‘‘(7) 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). 
‘‘(8) PROVIDER OF FINANCIAL ASSURANCE.— 
The term ‘provider of financial assurance’ has the 
meaning given the term in section 280.92 of title 40, 
Code of Federal Regulations (as in effect on the 
date of enactment of the Domestic Fuels Protection 
Act of 2012). 
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‘‘(9) UNDERGROUND
STORAGE
TANK
SYS-
TEM.—The term ‘underground storage tank system’ 
means an underground storage tank, connected un-
derground piping, underground ancillary equipment, 
and containment system, if any. 
‘‘(b) COMPATIBILITY WITH FUELS.— 
‘‘(1) LIABILITY.—No person shall be liable 
under any Federal, State, or local law (including 
common law) because an underground storage tank, 
underground storage tank system, or associated dis-
pensing equipment is not compatible with a fuel or 
fuel additive described in paragraph (3)(A) if the 
tank, system, or equipment has been determined to 
be compatible with the fuel or fuel additive under 
the guidelines or regulations described in paragraph 
(3). 
‘‘(2) FINANCIAL ASSURANCE.—A provider of fi-
nancial assurance shall not deny payment for any 
claim on the basis that an underground storage 
tank, underground storage tank system, or associ-
ated dispensing equipment is not compatible with a 
fuel or fuel additive described in paragraph (3)(A) if 
the tank, system, or equipment has been determined 
to be compatible with the fuel or fuel additive under 
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the guidelines or regulations described in paragraph 
(3). 
‘‘(3) GUIDELINES AND REGULATIONS.— 
‘‘(A) IN GENERAL.—Paragraphs (1) and 
(2) apply to any underground storage tank, un-
derground storage tank system, and associated 
dispensing equipment that meets any guidelines 
or regulations, which may be revised under sub-
paragraph (B), issued by the Administrator and 
in effect on the date of enactment of the Do-
mestic Fuels Protection Act of 2012, address-
ing compatibility of such tanks, systems, or 
equipment with any fuel or fuel additive that is 
authorized and registered, or for which an up-
dated registration is accepted, by the Adminis-
trator or under any Federal law, for use in a 
motor vehicle, motor vehicle engine, nonroad ve-
hicle, nonroad engine, or nonroad equipment. 
‘‘(B) REGULATIONS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the Do-
mestic Fuels Protection Act of 2012, the 
Administrator shall issue, or if applicable 
revise, regulations setting standards for de-
termining whether an underground storage 
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tank, underground storage tank system, or 
associated dispensing equipment is compat-
ible with a fuel or fuel additive described 
in subparagraph (A). 
‘‘(ii) 
MINIMUM
STANDARDS.—The 
regulations issued under clause (i) shall in-
clude minimum standards and processes 
for certification by the Administrator or by 
an owner, operator, or manufacturer of un-
derground storage tanks, underground 
storage tank systems, or associated dis-
pensing equipment, to ensure compat-
ibility. 
‘‘(4) UNDERGROUND STORAGE TANKS, UNDER-
GROUND STORAGE TANK SYSTEMS, AND ASSOCIATED 
DISPENSING
EQUIPMENT
PREVIOUSLY
LISTED
AS 
COMPATIBLE.—Any underground storage tank, un-
derground storage tank system, or associated dis-
pensing equipment that, on or before the date of en-
actment of the Domestic Fuels Protection Act of 
2012, is listed by a nationally recognized testing lab-
oratory as compatible with a fuel or fuel additive de-
scribed in paragraph (3)(A) shall be deemed compat-
ible with such fuel or fuel additive under the regula-
tions issued under this subsection. 
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‘‘(5) ADMINISTRATION.—Nothing in this section 
affects— 
‘‘(A) the introduction into commerce, offer-
ing for sale, or sale of any fuel or fuel additive; 
or 
‘‘(B) any applicable requirement, including 
any requirement under section 211(o) of the 
Clean Air Act (42 U.S.C. 7545(o)).’’. 
(b) CONFORMING AMENDMENTS.—The Solid Waste 
Disposal Act is amended— 
(1) in section 9003(h)(12)(A) (42 U.S.C. 
6991b(h)(12)(A)), by striking ‘‘section 9014(2)(B)’’ 
and inserting ‘‘section 9015(2)(B)’’; 
(2) in 
section 
9004(f)(1)(A) 
(42 
U.S.C. 
6991c(f)(1)(A)), by striking ‘‘section 9014(2)(A)’’ 
and inserting ‘‘section 9015(2)(A)’’; and 
(3) in section 9011 (42 U.S.C. 6991j), by strik-
ing ‘‘section 9014(2)(D)’’ and inserting ‘‘section 
9015(2)(D)’’. 
(c) TABLE OF CONTENTS.—The table of contents 
contained in section 1001 of the Solid Waste Disposal Act 
(42 U.S.C. 6901) is amended by striking the item relating 
to section 9014 and inserting the following: 
‘‘Sec. 9014. Compatibility. 
‘‘Sec. 9015. Authorization of Appropriations.’’. 
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