H. R. 6—484
(i) in subparagraph (A)— 
(I) by striking clause (i); and 
(II) by redesignating clauses (ii) and (iii) as 
clauses (i) and (ii), respectively; and 
(ii) in subparagraph (C)— 
(I) by striking clause (ii); and 
(II) by redesignating clause (iii) as clause (ii). 
(2) APPLICABILITY.—The amendments made by paragraph 
(1) apply— 
(A) in the case of a State that has received a waiver 
under section 209(b) of the Clean Air Act (42 U.S.C. 
7543(b)), beginning on the date of enactment of this Act; 
and 
(B) in the case of any other State, beginning 270 days 
after the date of enactment of this Act. 
(b) MAINTENANCE OF TOXIC AIR POLLUTANT EMISSION REDUC-
TIONS.—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 enactment of the 
Clean Air Act Amendments of 1990,’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—Not later than November 15, 1991,’’; 
and 
(2) by adding at the end the following: 
‘‘(B) MAINTENANCE OF TOXIC AIR POLLUTANT EMISSIONS 
REDUCTIONS FROM REFORMULATED GASOLINE.— 
‘‘(i) DEFINITION OF PADD.—In this subparagraph 
the term ‘PADD’ means a Petroleum Administration 
for Defense District. 
‘‘(ii) REGULATIONS CONCERNING EMISSIONS OF TOXIC 
AIR POLLUTANTS.—Not later than 270 days after the 
date of enactment of this subparagraph, the Adminis-
trator shall establish by regulation, for each refinery 
or importer (other than a refiner or importer in a 
State that has received a waiver under section 209(b) 
with respect to gasoline produced for use in that State), 
standards for toxic air pollutants from use of the 
reformulated gasoline produced or distributed by the 
refiner or importer that maintain the reduction of the 
average annual aggregate emissions of toxic air pollut-
ants for reformulated gasoline produced or distributed 
by the refiner or importer during calendar years 2001 
and 2002 (as determined on the basis of data collected 
by the Administrator with respect to the refiner or 
importer). 
‘‘(iii) STANDARDS APPLICABLE TO SPECIFIC REFIN-
ERIES OR IMPORTERS.— 
‘‘(I) APPLICABILITY
OF
STANDARDS.—For any 
calendar year, the standards applicable to a refiner 
or importer under clause (ii) shall apply to the 
quantity of gasoline produced or distributed by 
the refiner or importer in the calendar year only 
to the extent that the quantity is less than or 
equal to the average annual quantity of reformu-
lated gasoline produced or distributed by the 
refiner or importer during calendar years 2001 
and 2002.
H. R. 6—485
‘‘(II) APPLICABILITY
OF
OTHER
STANDARDS.—
For any calendar year, the quantity of gasoline 
produced or distributed by a refiner or importer 
that is in excess of the quantity subject to sub-
clause (I) shall be subject to standards for emis-
sions of toxic air pollutants promulgated under 
subparagraph (A) and paragraph (3)(B). 
‘‘(iv) CREDIT PROGRAM.—The Administrator shall 
provide for the granting and use of credits for emissions 
of toxic air pollutants in the same manner as provided 
in paragraph (7). 
‘‘(v) REGIONAL PROTECTION OF TOXICS REDUCTION 
BASELINES.— 
‘‘(I) IN GENERAL.—Not later than 60 days after 
the date of enactment of this subparagraph, and 
not later than April 1 of each calendar year that 
begins after that date of enactment, the Adminis-
trator shall publish in the Federal Register a 
report that specifies, with respect to the previous 
calendar year— 
‘‘(aa) the quantity of reformulated gasoline 
produced that is in excess of the average 
annual quantity of reformulated gasoline pro-
duced in 2001 and 2002; and 
‘‘(bb) the reduction of the average annual 
aggregate emissions of toxic air pollutants in 
each PADD, based on retail survey data or 
data from other appropriate sources. 
‘‘(II) EFFECT OF FAILURE TO MAINTAIN AGGRE-
GATE
TOXICS
REDUCTIONS.—If, in any calendar 
year, the reduction of the average annual aggre-
gate emissions of toxic air pollutants in a PADD 
fails to meet or exceed the reduction of the average 
annual aggregate emissions of toxic air pollutants 
in the PADD in calendar years 2001 and 2002, 
the Administrator, not later than 90 days after 
the date of publication of the report for the cal-
endar year under subclause (I), shall— 
‘‘(aa) identify, to the maximum extent 
practicable, the reasons for the failure, 
including the sources, volumes, and character-
istics of reformulated gasoline that contributed 
to the failure; and 
‘‘(bb) promulgate revisions to the regula-
tions 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 refiner or importer shall 
meet the standards applicable under clause 
(iii)(I) beginning not later than April 1 of the 
calendar year following publication of the 
report under subclause (I) and in each cal-
endar year thereafter. 
‘‘(vi) Not later than July 1, 2007, the Administrator 
shall promulgate final regulations to control hazardous
H. R. 6—486
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), and as authorized 
under section 202(1) of the Clean Air Act. If the 
Administrator promulgates by such date, final regula-
tions to control hazardous air pollutants from motor 
vehicles and motor vehicle fuels that achieve and main-
tain greater overall reductions in emissions of air toxics 
from reformulated gasoline than the reductions that 
would be achieved under section 211(k)(1)(B) of the 
Clean Air Act as amended by this clause, then sections 
211(k)(1)(B)(i) through 211(k)(1)(B)(v) shall be null and 
void and regulations promulgated thereunder shall be 
rescinded and have no further effect.’’. 
(c) CONSOLIDATION
IN
REFORMULATED
GASOLINE
REGULA-
TIONS.—Not later than 180 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall revise the reformulated gasoline regulations under subpart 
D of part 80 of title 40, Code of Federal Regulations, to consolidate 
the regulations applicable to VOC-Control Regions 1 and 2 under 
section 80.41 of that title by eliminating the less stringent require-
ments 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.— 
(1) IN GENERAL.—Nothing in this section or any amendment 
made by this section affects or prejudices any legal claim or 
action with respect to regulations promulgated by the Adminis-
trator before the date of enactment of this Act regarding— 
(A) emissions of toxic air pollutants from motor 
vehicles; or 
(B) the adjustment of standards applicable to a specific 
refinery or importer made under those regulations. 
(2) ADJUSTMENT OF STANDARDS.— 
(A) APPLICABILITY.—The Administrator may apply any 
adjustments to the standards applicable to a refinery or 
importer under subparagraph (B)(iii)(I) of section 211(k)(1) 
of the Clean Air Act (as added by subsection (b)(2)), except 
that— 
(i) the Administrator shall revise the adjustments 
to be based only on calendar years 1999 and 2000; 
(ii) any such adjustment 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 and 2000; and 
(iii) in the case of an adjustment based on toxic 
air pollutant emissions from reformulated gasoline 
significantly below the national annual average emis-
sions of toxic air pollutants from all reformulated gaso-
line— 
(I) the Administrator may revise the adjust-
ment to take account of the scope of the prohibition 
on methyl tertiary butyl ether imposed by a State; 
and