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of the market concentration analysis performed 
under subparagraph (A)(i).’’. 
(b) 
PENALTIES
AND
ENFORCEMENT.—Section 
211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is 
amended as follows: 
(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)’’. 
(2) In the first sentence of paragraph (2), by 
striking ‘‘and (n)’’ each place it appears and insert-
ing ‘‘(n), and (o)’’. 
(c) SURVEY OF RENEWABLE FUEL MARKET.— 
(1) SURVEY AND REPORT.—Not later than De-
cember 1, 2006, and annually thereafter, the Admin-
istrator of the Environmental Protection Agency (in 
consultation with the Secretary of Energy acting 
through the Administrator of the Energy Informa-
tion Administration) 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—
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(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 of the Environ-
mental Protection Agency (hereinafter in this sub-
section referred to as the ‘‘Administrator’’) may re-
quire 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, to avoid duplica-
tive requirements, shall rely, to the extent prac-
ticable, on existing reporting and recordkeeping re-
quirements and other information available to the 
Administrator including gasoline distribution pat-
terns that include multistate use areas.
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(3) APPLICABLE
LAW.—Activities carried out 
under this subsection shall be conducted in a man-
ner designed to protect confidentiality of individual 
responses. 
SEC. 1502. FUELS SAFE HARBOR. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal or State law, no renewable fuel, as defined 
by section 211(o)(1) of the Clean Air Act, or methyl ter-
tiary butyl ether (hereafter in this section referred to as 
‘‘MTBE’’), used or intended to be used as a motor vehicle 
fuel, nor any motor vehicle fuel containing such renewable 
fuel or MTBE, shall be deemed a defective product by vir-
tue of the fact that it is, or contains, such a renewable 
fuel or MTBE, if it does not violate a control or prohibi-
tion imposed by the Administrator of the Environmental 
Protection Agency (hereinafter in this section referred to 
as the ‘‘Administrator’’) under section 211 of such Act, 
and the manufacturer is in compliance with all requests 
for information under subsection (b) of such section 211 
of such Act. If the safe harbor provided by this section 
does not apply, the existence of a claim of defective prod-
uct shall be determined under otherwise applicable law. 
Nothing in this subsection shall be construed to affect the 
liability of any person for environmental remediation costs, 
drinking water contamination, negligence for spills or
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other reasonably foreseeable events, public or private nui-
sance, trespass, breach of warranty, breach of contract, 
or any other liability other than liability based upon a 
claim of defective product. 
(b) EFFECTIVE DATE.—This section shall be effec-
tive as of September 5, 2003, and shall apply with respect 
to all claims filed on or after that date. 
SEC. 1503. FINDINGS AND MTBE TRANSITION ASSISTANCE. 
(a) FINDINGS.—Congress finds that— 
(1) since 1979, methyl tertiary butyl ether 
(hereinafter in this section referred to 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 would 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;
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(4) Congress was aware that gasoline and its 
component additives can and do leak from storage 
tanks; 
(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) having previously required oxygenates like 
MTBE for air quality purposes, Congress has— 
(A) reconsidered the relative value of 
MTBE in gasoline; 
(B) decided to establish a date certain for 
action by the Environmental Protection Agency 
to prohibit the use of MTBE in gasoline; and 
(C) decided to provide for the elimination 
of the oxygenate requirement for reformulated 
gasoline and to provide for a renewable fuels 
content requirement for motor fuel; and 
(7) 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-
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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 the elimi-
nation of the oxygenate requirement for refor-
mulated gasoline and from the decision to es-
tablish a date certain for action by the Environ-
mental Protection Agency to prohibit the use of 
MTBE in gasoline. 
(b) PURPOSES.—The purpose of this section is to 
provide assistance to merchant producers of MTBE in 
making the transition from producing MTBE to producing 
other fuel additives. 
(c) MTBE MERCHANT PRODUCER CONVERSION AS-
SISTANCE.—Section 211(c) of the Clean Air Act (42 
U.S.C. 7545(c)) is amended by adding at the end the fol-
lowing: 
‘‘(5) 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 (here-
inafter in this subsection referred to as
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‘MTBE’) in the United States to assist the 
producers in the conversion of eligible pro-
duction facilities described in subpara-
graph (C) to the production of iso-octane, 
iso-octene, alkylates, or renewable fuels. 
‘‘(ii) DETERMINATION.—The Admin-
istrator, in consultation with the Secretary 
of Energy, may determine that transition 
assistance for the production of iso-octane, 
iso-octene, alkylates, or renewable fuels is 
inconsistent with the provisions of sub-
paragraph (B) and, on that basis, may 
deny applications for grants authorized by 
this paragraph. 
‘‘(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 (unless the Administrator determines 
that such fuel additives may reasonably be an-
ticipated to endanger public health or the envi-
ronment) that, consistent with this subsection—
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‘‘(i) have been registered and have 
been tested or are being tested in accord-
ance with the requirements of this section; 
and 
‘‘(ii) will contribute to replacing gaso-
line volumes lost as a result of amend-
ments made to subsection (k) of this sec-
tion by section 1504(a) and 1506 of the 
Energy Policy Act of 2005. 
‘‘(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 MTBE for consump-
tion before April 1, 2003 and ceased pro-
duction at any time after the date of en-
actment of this paragraph. 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated 
to 
carry 
out 
this 
paragraph 
$250,000,000 for each of fiscal years 2005 
through 2012, to remain available until ex-
pended.’’.
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SEC. 1504. USE OF MTBE. 
(a) IN GENERAL.—Subject to subsections (e) and (f), 
not later than December 31, 2014, the use of methyl ter-
tiary butyl ether (hereinafter in this section referred to 
as ‘‘MTBE’’) in motor vehicle fuel in any State other than 
a State described in subsection (c) is prohibited. 
(b) REGULATIONS.—The Administrator of the Envi-
ronmental Protection Agency (hereafter referred to in this 
section as the ‘‘Administrator’’) shall promulgate regula-
tions to effect the prohibition in subsection (a). 
(c) STATES THAT AUTHORIZE USE.—A State de-
scribed in this subsection is a State in which the Governor 
of the State submits a notification to the Administrator 
authorizing the use of MTBE in motor vehicle fuel sold 
or used in the State. 
(d) PUBLICATION OF NOTICE.—The Administrator 
shall publish in the Federal Register each notice submitted 
by a State under subsection (c). 
(e) TRACE QUANTITIES.—In carrying out subsection 
(a), the Administrator may allow trace quantities of 
MTBE, not to exceed 0.5 percent by volume, to be present 
in motor vehicle fuel in cases that the Administrator deter-
mines to be appropriate. 
(f) LIMITATION.—The Administrator, under author-
ity of subsection (a), shall not prohibit or control the pro-
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duction of MTBE for export from the United States or 
for any other use other than for use in motor vehicle fuel. 
(g) EFFECT
ON STATE LAW.—The amendments 
made by this title have no effect regarding any available 
authority of States to limit the use of methyl tertiary butyl 
ether in motor vehicle fuel. 
SEC. 1505. NATIONAL ACADEMY OF SCIENCES REVIEW AND 
PRESIDENTIAL DETERMINATION. 
(a) NAS REVIEW.—Not later than May 31, 2013, the 
Secretary shall enter into an arrangement with the Na-
tional Academy of Sciences to review the use of methyl 
tertiary butyl ether (hereafter referred to in this section 
as ‘‘MTBE’’) in fuel and fuel additives. The review shall 
only use the best available scientific information and data 
collected by accepted methods or the best available means. 
The review shall examine the use of MTBE in fuel and 
fuel additives, significant beneficial and detrimental ef-
fects of this use on environmental quality or public health 
or welfare including the costs and benefits of such effects, 
likely effects of controls or prohibitions on MTBE regard-
ing fuel availability and price, and other appropriate and 
reasonable actions that are available to protect the envi-
ronment or public health or welfare from any detrimental 
effects of the use of MTBE in fuel or fuel additives. The 
review shall be peer-reviewed prior to publication and all
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supporting data and analytical models shall be available 
to the public. The review shall commence after May 31, 
2013, and shall be completed no later than May 31, 2014. 
(b) PRESIDENTIAL DETERMINATION.—After comple-
tion of the review under subsection (a) and no later than 
June 30, 2014, the President may make a determination 
that restrictions on the use of MTBE to be implemented 
pursuant to section 1504 shall not take place and that 
the legal authority contained in section 1504 to prohibit 
the use of MTBE in motor vehicle fuel shall become null 
and void. 
SEC. 1506. 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 as follows: 
(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.
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(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). 
(II) by redesignating clause (iii) 
as clause (ii). 
(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 such date of enactment 
in any State that has received a waiver under sec-
tion 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 as follows: 
(1) By striking ‘‘Within 1 year after the enact-
ment of the Clean Air Act Amendments of 1990,’’ 
and inserting the following:
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‘‘(A) IN
GENERAL.—Not later than No-
vember 15, 1991,’’. 
(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 Adminis-
trator shall establish, for each refinery or 
importer, standards for toxic air pollutants 
from use of the reformulated gasoline pro-
duced or distributed by the refinery or im-
porter that maintain the reduction of the 
average annual aggregate emissions of 
toxic air pollutants for reformulated gaso-
line 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.
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‘‘(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).
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‘‘(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-
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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
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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 (ii) 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, 2005, 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).’’.
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(c) CONSOLIDATION IN REFORMULATED GASOLINE 
REGULATIONS.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency shall revise the reformulated 
gasoline regulations under subpart D of part 80 of title 
40, Code of Federal Regulations, to consolidate the regula-
tions applicable to VOC-Control Regions 1 and 2 under 
section 80.41 of that title by eliminating the less stringent 
requirements applicable to gasoline designated for VOC- 
Control Region 2 and instead applying the more stringent 
requirements applicable to gasoline designated for VOC- 
Control Region 1. 
(d) SAVINGS CLAUSE.—Nothing in this section is in-
tended to affect or prejudice either any legal claims or ac-
tions with respect to regulations promulgated by the Ad-
ministrator of the Environmental Protection Agency 
(hereinafter in this subsection referred to as the ‘‘Admin-
istrator’’) prior to the date of enactment of this Act re-
garding emissions of toxic air pollutants from motor vehi-
cles or the adjustment of standards applicable to a specific 
refinery or importer made under such prior regulations 
and the Administrator may apply such adjustments to the 
standards applicable to such refinery or importer under 
clause (iii)(I) of section 211(k)(1)(B) of the Clean Air Act, 
except that—
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(1) the Administrator shall revise such adjust-
ments to be based only on calendar years 1999– 
2000; and 
(2) for adjustments based on toxic air pollutant 
emissions from reformulated gasoline significantly 
below the national annual average emissions of toxic 
air pollutants from all reformulated gasoline, the 
Administrator may revise such adjustments to take 
account of the scope of Federal or State prohibitions 
on the use of methyl tertiary butyl ether imposed 
after the date of the enactment of this paragraph, 
except that any such adjustment shall require such 
refiner or importer, to the greatest extent prac-
ticable, to maintain the reduction achieved during 
calendar years 1999–2000 in the average annual ag-
gregate emissions of toxic air pollutants from refor-
mulated gasoline produced or distributed by the re-
finery or importer; Provided, that any such adjust-
ment shall not be made at a level below the average 
percentage of reductions of emissions of toxic air 
pollutants for reformulated gasoline supplied to 
PADD I during calendar years 1999–2000. 
SEC. 1507. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended by inserting after subsection (o) the following:
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‘‘(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 sub-
section, 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 subtitle A of title XV of 
the Energy Policy Act of 2005. 
‘‘(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.’’.
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SEC. 1508. 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) RENEWABLE FUELS SURVEY.—(1) In order to 
improve the ability to evaluate the effectiveness of the Na-
tion’s renewable fuels mandate, the Administrator shall 
conduct and publish the results of a survey of renewable 
fuels demand in the motor vehicle fuels market in the 
United States monthly, and in a manner designed to pro-
tect the confidentiality of individual responses. In con-
ducting the survey, the Administrator shall collect infor-
mation both on a national and regional basis, including 
each of the following: 
‘‘(A) The quantity of renewable fuels produced. 
‘‘(B) The quantity of renewable fuels blended. 
‘‘(C) The quantity of renewable fuels imported. 
‘‘(D) The quantity of renewable fuels de-
manded. 
‘‘(E) Market price data. 
‘‘(F) Such other analyses or evaluations as the 
Administrator finds is necessary to achieve the pur-
poses of this section. 
‘‘(2) The Administrator shall also collect or estimate 
information both on a national and regional basis, pursu-
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HR 6 PCS 
ant to subparagraphs (A) through (F) of paragraph (1), 
for the 5 years prior to implementation of this subsection. 
‘‘(3) This subsection does not affect the authority of 
the Administrator to collect data under section 52 of the 
Federal Energy Administration Act of 1974 (15 U.S.C. 
790a).’’. 
SEC. 1509. REDUCING THE PROLIFERATION OF STATE FUEL 
CONTROLS. 
(a) EPA APPROVAL OF STATE PLANS WITH FUEL 
CONTROLS.—Section 211(c)(4)(C) of the Clean Air Act 
(42 U.S.C. 7545(c)(4)(C)) is amended by adding at the 
end the following: ‘‘The Administrator shall not approve 
a control or prohibition respecting the use of a fuel or fuel 
additive under this subparagraph unless the Adminis-
trator, after consultation with the Secretary of Energy, 
publishes in the Federal Register a finding that, in the 
Administrator’s judgment, such control or prohibition will 
not cause fuel supply or distribution interruptions or have 
a significant adverse impact on fuel producibility in the 
affected area or contiguous areas.’’. 
(b) STUDY.—The Administrator of the Environ-
mental Protection Agency (hereinafter in this subsection 
referred to as the ‘‘Administrator’’), in cooperation with 
the Secretary of Energy, shall undertake a study of the 
projected effects on air quality, the proliferation of fuel
739 
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blends, fuel availability, and fuel costs of providing a pref-
erence for each of the following: 
(A) Reformulated gasoline referred to in sub-
section (k) of section 211 of the Clean Air Act. 
(B) A low RVP gasoline blend that has been 
certified by the Administrator as having a Reid 
Vapor Pressure of 7.0 pounds per square inch (psi). 
(C) A low RVP gasoline blend that has been 
certified by the Administrator as having a Reid 
Vapor Pressure of 7.8 pounds per square inch (psi). 
In carrying out such study, the Administrator shall obtain 
comments from affected parties. The Administrator shall 
submit the results of such study to the Congress not later 
than 18 months after the date of enactment of this Act, 
together with any recommended legislative changes. 
SEC. 1510. FUEL SYSTEM REQUIREMENTS HARMONIZATION 
STUDY. 
(a) STUDY.— 
(1) IN
GENERAL.—The Administrator of the 
Environmental Protection Agency (hereinafter in 
this section referred to as the ‘‘Administrator’’) and 
the Secretary of Energy shall jointly conduct a study 
of Federal, State, and local requirements concerning 
motor vehicle fuels, including—
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(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 consumers in various States and local-
ities; 
(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
741 
HR 6 PCS 
(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 improving air 
quality at the national, regional and local levels 
consistent with the attainment of national am-
bient air quality standards, 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; 
(F) the feasibility of providing incentives 
to promote cleaner burning motor vehicle fuel; 
and 
(G) the extent to which improvements in 
air quality and any increases or decreases in
742 
HR 6 PCS 
the price of motor fuel can be projected to re-
sult from the Environmental Protection Agen-
cy’s Tier II requirements for conventional gaso-
line and vehicle emission systems, on-road and 
off-road diesel rules, the reformulated gasoline 
program, the renewable content requirements 
established by this subtitle, State programs re-
garding gasoline volatility, and any other re-
quirements imposed by the Federal Govern-
ment, States or localities affecting the composi-
tion of motor fuel. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 
2009, the Administrator and the Secretary of En-
ergy shall submit to Congress a report on the results 
of the study conducted under subsection (a). 
(2) RECOMMENDATIONS.— 
(A) IN GENERAL.—The report under this 
subsection shall contain recommendations for 
legislative and administrative actions that may 
be taken— 
(i) to improve air quality; 
(ii) to reduce costs to consumers and 
producers; and 
(iii) to increase supply liquidity.
743 
HR 6 PCS 
(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 
under this subsection, the Administrator 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. 1511. COMMERCIAL BYPRODUCTS FROM MUNICIPAL 
SOLID WASTE AND CELLULOSIC BIOMASS 
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 (hereinafter in this section referred to as the 
‘‘Secretary’’) shall establish a program to provide guaran-
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tees of loans by private institutions for the construction 
of facilities for the processing and conversion of municipal 
solid waste and cellulosic biomass 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;
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(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; 
(B) the availability of sufficient quantities 
of cellulosic biomass; or 
(C) 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
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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.
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SEC. 1512. CONVERSION ASSITANCE FOR CELLULOSIC BIO-
MASS, WASTE-DERIVED ETHANOL, APPROVED 
RENEWABLE FUELS. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended by adding at the end the following: 
‘‘(r) CONVERSION ASSISTANCE
FOR CELLULOSIC 
BIOMASS, WASTE-DERIVED ETHANOL, APPROVED RE-
NEWABLE FUELS.— 
‘‘(1) IN GENERAL.—The Secretary of Energy 
may provide grants to merchant producers of cel-
lulosic biomass ethanol, waste-derived ethanol, and 
approved renewable fules in the United States to as-
sist the producers in building eligible production fa-
cilities described in paragraph (2) for the production 
of ethanol or approved renewable fuels. 
‘‘(2) ELIGIBLE
PRODUCTION
FACILITIES.—A 
production facility shall be eligible to receive a grant 
under this subsection if the production facility— 
‘‘(A) is located in the United States; and 
‘‘(B) uses cellulosic or renewable biomass 
or waste-derived feedstocks derived from agri-
cultural residues, wood residues, municipal solid 
waste, or agricultural byproducts as that term 
is used in section 919 of the Energy Policy Act 
of 2005.
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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated the fol-
lowing amounts to carry out this subsection: 
‘‘(A) $100,000,000 for fiscal year 2005. 
‘‘(B) $250,000,000 for fiscal year 2006. 
‘‘(C) $400,000,000 for fiscal year 2007. 
‘‘(4) DEFINITIONS.—For the purposes of this 
subsection: 
‘‘(A) The term ‘approved renewable fuels’ 
are fuels and components of fuels that have 
been approved by the Department of Energy, as 
defined in section 301 of the Energy Policy Act 
of 1992 (42 U.S.C. 13211)), which have been 
made from renewable biomass. 
‘‘(B) The term ‘renewable biomass’ is, as 
defined in Presidential Executive Order 13134, 
published in the Federal Register on August 
16, 1999, any organic matter that is available 
on a renewable or recurring basis (excluding 
old-growth timber), including dedicated energy 
crops and trees, agricultural food and feed crop 
residues, acquatic plants, animal wastes, wood 
and wood residues, paper and paper residues, 
and other vegetative waste materials. Old- 
growth timber means timber of a forest from
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the late successional stage of forest develop-
ment.’’. 
SEC. 1513. BLENDING OF COMPLIANT REFORMULATED GAS-
OLINES. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended by adding at the end the following: 
‘‘(s) BLENDING
OF COMPLIANT REFORMULATED 
GASOLINES.— 
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (h) and (k) and subject to the limitations in 
paragraph (2) of this subsection, it shall not be a 
violation of this subtitle for a gasoline retailer, dur-
ing any month of the year, to blend at a retail loca-
tion batches of ethanol-blended and non-ethanol- 
blended reformulated gasoline, provided that— 
‘‘(A) each batch of gasoline to be blended 
has been individually certified as in compliance 
with subsections (h) and (k) prior to being 
blended; 
‘‘(B) the retailer notifies the Administrator 
prior to such blending, and identifies the exact 
location of the retail station and the specific 
tank in which such blending will take place; 
‘‘(C) the retailer retains and, as requested 
by the Administrator or the Administrator’s
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designee, makes available for inspection such 
certifications accounting for all gasoline at the 
retail outlet; and 
‘‘(D) the retailer does not, between June 1 
and September 15 of each year, blend a batch 
of VOC-controlled, or ‘summer’, gasoline with a 
batch of non-VOC-controlled, or ‘winter’, gaso-
line (as these terms are defined under sub-
sections (h) and (k)). 
‘‘(2) LIMITATIONS.— 
‘‘(A) FREQUENCY LIMITATION.—A retailer shall 
only be permitted to blend batches of compliant re-
formulated gasoline under this subsection a max-
imum of two blending periods between May 1 and 
September 15 of each calendar year. 
‘‘(B) DURATION OF BLENDING PERIOD.—Each 
blending period authorized under subparagraph (A) 
shall extend for a period of no more than 10 con-
secutive calendar days. 
‘‘(3) SURVEYS.—A sample of gasoline taken 
from a retail location that has blended gasoline with-
in the past 30 days and is in compliance with sub-
paragraphs (A), (B), (C), and (D) of paragraph (1) 
shall not be used in a VOC survey mandated by 40 
C.F.R. Part 80.
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‘‘(4) STATE IMPLEMENTATION PLANS.—A State 
shall be held harmless and shall not be required to 
revise its State implementation plan under section 
110 to account for the emissions from blended gaso-
line authorized under paragraph (1). 
‘‘(5) PRESERVATION OF STATE LAW.—Nothing 
in this subsection shall— 
‘‘(A) preempt existing State laws or regu-
lations regulating the blending of compliant 
gasolines; or 
‘‘(B) prohibit a State from adopting such 
restrictions in the future. 
‘‘(6) REGULATIONS.—The Administrator shall 
promulgate, after notice and comment, regulations 
implementing this subsection within one year after 
the date of enactment of this subsection. 
‘‘(7) EFFECTIVE DATE.—This subsection shall 
become effective 15 months after the date of its en-
actment and shall apply to blended batches of refor-
mulated gasoline on or after that date, regardless of 
whether the implementing regulations required by 
paragraph (6) have been promulgated by the Admin-
istrator by that date. 
‘‘(8) LIABILITY.—No person other than the 
person responsible for blending under this subsection
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shall be subject to an enforcement action or pen-
alties under subsection (d) solely arising from the 
blending of compliant reformulated gasolines by the 
retailers. 
‘‘(9) FORMULATION OF GASOLINE.—This sub-
section does not grant authority to the Adminis-
trator or any State (or any subdivision thereof) to 
require reformulation of gasoline at the refinery to 
adjust for potential or actual emissions increases due 
to the blending authorized by this subsection.’’. 
Subtitle B—Underground Storage 
Tank Compliance 
SEC. 1521. SHORT TITLE. 
This subtitle may be cited as the ‘‘Underground Stor-
age Tank Compliance Act of 2005’’. 
SEC. 1522. LEAKING UNDERGROUND STORAGE TANKS. 
(a) IN GENERAL.—Section 9004 of the Solid Waste 
Disposal Act (42 U.S.C. 6991c) is amended by adding at 
the end the following: 
‘‘(f) TRUST FUND DISTRIBUTION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AMOUNT AND PERMITTED USES OF 
DISTRIBUTION.—The Administrator shall dis-
tribute to States not less than 80 percent of the 
funds from the Trust Fund that are made
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available to the Administrator under section 
9014(2)(A) for each fiscal year for use in pay-
ing the reasonable costs, incurred under a coop-
erative agreement with any State for— 
‘‘(i) corrective actions taken by the 
State under section 9003(h)(7)(A); 
‘‘(ii) 
necessary 
administrative 
ex-
penses, as determined by the Adminis-
trator, that are directly related to State 
fund or State assurance programs under 
subsection (c)(1); or 
‘‘(iii) enforcement, by a State or a 
local government, of State or local regula-
tions pertaining to underground storage 
tanks regulated under this subtitle. 
‘‘(B) USE
OF
FUNDS
FOR
ENFORCE-
MENT.—In addition to the uses of funds au-
thorized under subparagraph (A), the Adminis-
trator may use funds from the Trust Fund that 
are not distributed to States under subpara-
graph (A) for enforcement of any regulation 
promulgated by the Administrator under this 
subtitle. 
‘‘(C) PROHIBITED USES.—Funds provided 
to a State by the Administrator under subpara-
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graph (A) shall not be used by the State to pro-
vide financial assistance to an owner or oper-
ator to meet any requirement relating to under-
ground storage tanks under subparts B, C, D, 
H, and G of part 280 of title 40, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this subsection). 
‘‘(2) ALLOCATION.— 
‘‘(A) PROCESS.—Subject to subparagraphs 
(B) and (C), in the case of a State with which 
the Administrator has entered into a coopera-
tive agreement under section 9003(h)(7)(A), 
the Administrator shall distribute funds from 
the Trust Fund to the State using an allocation 
process developed by the Administrator. 
‘‘(B) DIVERSION OF STATE FUNDS.—The 
Administrator shall not distribute funds under 
subparagraph (A)(iii) of subsection (f)(1) to 
any State that has diverted funds from a State 
fund or State assurance program for purposes 
other than those related to the regulation of un-
derground storage tanks covered by this sub-
title, with the exception of those transfers that 
had been completed earlier than the date of en-
actment of this subsection.
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‘‘(C) REVISIONS
TO
PROCESS.—The Ad-
ministrator may revise the allocation process re-
ferred to in subparagraph (A) after— 
‘‘(i) consulting with State agencies re-
sponsible for overseeing corrective action 
for releases from underground storage 
tanks; and 
‘‘(ii) taking into consideration, at a 
minimum, each of the following: 
‘‘(I) The number of confirmed re-
leases from federally regulated leaking 
underground storage tanks in the 
States. 
‘‘(II) The number of federally 
regulated underground storage tanks 
in the States. 
‘‘(III) The performance of the 
States in implementing and enforcing 
the program. 
‘‘(IV) The financial needs of the 
States. 
‘‘(V) The ability of the States to 
use the funds referred to in subpara-
graph (A) in any year.
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‘‘(3) DISTRIBUTIONS
TO
STATE
AGENCIES.— 
Distributions from the Trust Fund under this sub-
section shall be made directly to a State agency 
that— 
‘‘(A) enters into a cooperative agreement 
referred to in paragraph (2)(A); or 
‘‘(B) is enforcing a State program ap-
proved under this section.’’. 
(b) 
WITHDRAWAL
OF
APPROVAL
OF
STATE 
FUNDS.—Section 9004(c) of the Solid Waste Disposal Act 
(42 U.S.C. 6991c(c)) is amended by inserting the fol-
lowing new paragraph at the end thereof: 
‘‘(6) WITHDRAWAL
OF
APPROVAL.—After an 
opportunity for good faith, collaborative efforts to 
correct financial deficiencies with a State fund, the 
Administrator may withdraw approval of any State 
fund or State assurance program to be used as a fi-
nancial responsibility mechanism without with-
drawing approval of a State underground storage 
tank program under section 9004(a).’’. 
(c) ABILITY
TO PAY.—Section 9003(h)(6) of the 
Solid Waste Disposal Act (42 U.S.C. 6591a(h)(6)) is 
amended by adding the following new subparagraph at the 
end thereof: