‘‘(iv) the quantity of renewable fuels de-
manded; and 
‘‘(B) market price data.’’. 
TITLE II—FEDERAL 
REFORMULATED FUELS 
SEC. 201. 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); and 
(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). 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect on the date that is 1 
year after the date of enactment of this Act, except 
that the amendments shall take effect upon that 
date of enactment in any State that has received a 
waiver under section 209(b) of the Clean Air Act 
(42 U.S.C. 7543(b)). 
(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) DEFINITION OF PADD.—In this 
subparagraph, the term ‘PADD’ means a 
Petroleum Administration for Defense Dis-
trict. 
‘‘(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, 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 2001 
and 2002, determined on the basis of data 
collected by the Administrator 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 2001 
and 2002. 
‘‘(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 2001 and 2002; 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 2001 and 2002, 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 pro-
duced or distributed at each refin-
ery or importer shall meet the 
standards applicable under clause 
(ii) not later than April 1 of the 
year following the report under 
this subclause and for subsequent 
years. 
‘‘(vi) 
REGULATIONS
TO
CONTROL 
HAZARDOUS
AIR
POLLUTANTS
FROM 
MOTOR
VEHICLES
AND
MOTOR
VEHICLE 
FUELS.—Not later than July 1, 2006, 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 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 (or any successor regula-
tions), to consolidate the regulations 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 in-
stead applying the more stringent requirements applicable 
to gasoline designated for VOC-Control Region 1. 
(d) AUTHORITY
OF ADMINISTRATOR.—Nothing in 
this section affects or prejudices any legal claim or action 
with respect to regulations promulgated by the Adminis-
trator of the Environmental Protection Agency before the 
date of enactment of this Act regarding— 
(1) emissions of toxic air pollutants from motor 
vehicles; or 
(2) the adjustment of standards applicable to a 
specific refinery or importer made under the prior 
regulations. 
(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 later than 30 
days after the date of enactment of this para-
graph, the Administrator shall determine the 
adequacy of any petition received from a Gov-
ernor of a State to exempt gasoline sold in that 
State from the requirements under paragraph 
(2)(B). 
‘‘(B) 
APPROVAL.—If 
a 
determination 
under subparagraph (A) is not made by the 
date that is 30 days after the date of enactment 
of this paragraph, the petition shall be consid-
ered to be approved.’’. 
SEC. 202. 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 the 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); 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. 203. 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) (as added by 
section 101(a)(2)) 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 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 the Fuels Security 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.’’.
SEC. 204. 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 2 addi-
tional 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. 205. 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. 206. 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;