H. R. 6—514
‘‘(iv) Within 180 days of the date of enactment of this clause, 
the Administrator shall promulgate regulations to implement 
clauses (ii) and (iii). 
‘‘(v) Nothing in this subparagraph shall— 
‘‘(I) limit or otherwise affect the application of any other 
waiver authority of the Administrator pursuant to this section 
or pursuant to a regulation promulgated pursuant to this sec-
tion; and 
‘‘(II) subject any State or person to an enforcement action, 
penalties, or liability solely arising from actions taken pursuant 
to the issuance of a waiver under this subparagraph.’’. 
(b) 
LIMIT
ON
NUMBER
OF
BOUTIQUE
FUELS.—Section 
211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)), as 
amended by subsection (a), is further amended by adding at the 
end the following: 
‘‘(v)(I) The Administrator shall have no authority, when consid-
ering a State implementation plan or a State implementation plan 
revision, to approve under this paragraph any fuel included in 
such plan or revision if the effect of such approval increases the 
total number of fuels approved under this paragraph as of Sep-
tember 1, 2004, in all State implementation plans. 
‘‘(II) The Administrator, in consultation with the Secretary 
of Energy, shall determine the total number of fuels approved 
under this paragraph as of September 1, 2004, in all State 
implementation plans and shall publish a list of such fuels, 
including the States and Petroleum Administration for Defense 
District in which they are used, in the Federal Register for public 
review and comment no later than 90 days after enactment. 
‘‘(III) The Administrator shall remove a fuel from the list pub-
lished under subclause (II) if a fuel ceases to be included in a 
State implementation plan or if a fuel in a State implementation 
plan is identical to a Federal fuel formulation implemented by 
the Administrator, but the Administrator shall not reduce the total 
number of fuels authorized under the list published under subclause 
(II). 
‘‘(IV) Subclause (I) shall not limit the Administrator’s authority 
to approve a control or prohibition respecting any new fuel under 
this paragraph in a State implementation plan or revision to a 
State implementation plan if such new fuel—
‘‘(aa) completely replaces a fuel on the list published under 
subclause (II); or 
‘‘(bb) does not increase the total number of fuels on the 
list published under subclause (II) as of September 1, 2004. 
In the event that the total number of fuels on the list published 
under subclause (II) at the time of the Administrator’s consideration 
of a control or prohibition respecting a new fuel is lower than 
the total number of fuels on such list as of September 1, 2004, 
the Administrator may approve a control or prohibition respecting 
a new fuel under this subclause if the Administrator, after consulta-
tion with the Secretary of Energy, publishes in the Federal Register 
after notice and comment a finding that, in the Administrator’s 
judgment, such control or prohibition respecting a new fuel will 
not cause fuel supply or distribution interruptions or have a signifi-
cant adverse impact on fuel producibility in the affected area or 
contiguous areas. 
‘‘(V) The Administrator shall have no authority under this 
paragraph, when considering any particular State’s implementation
H. R. 6—515
plan or a revision to that State’s implementation plan, to approve 
any fuel unless that fuel was, as of the date of such consideration, 
approved in at least one State implementation plan in the applicable 
Petroleum Administration for Defense District. However, the 
Administrator may approve as part of a State implementation plan 
or State implementation plan revision a fuel with a summertime 
Reid Vapor Pressure of 7.0 psi. In no event shall such approval 
by the Administrator cause an increase in the total number of 
fuels on the list published under subclause (II). 
‘‘(VI) Nothing in this clause shall be construed to have any 
effect regarding any available authority of States to require the 
use of any fuel additive registered in accordance with subsection 
(b), including any fuel additive registered in accordance with sub-
section (b) after the enactment of this subclause.’’. 
(c) STUDY AND REPORT TO CONGRESS ON BOUTIQUE FUELS.— 
(1) JOINT STUDY.—The Administrator of the Environmental 
Protection Agency and the Secretary shall undertake a study 
of the effects on air quality, on the number of fuel blends, 
on fuel availability, on fuel fungibility, and on fuel costs of 
the State plan provisions adopted pursuant to section 
211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)). 
(2) FOCUS
OF
STUDY.—The primary focus of the study 
required under paragraph (1) shall be to determine how to 
develop a Federal fuels system that maximizes motor fuel 
fungibility and supply, addresses air quality requirements, and 
reduces motor fuel price volatility including that which has 
resulted from the proliferation of boutique fuels, and to rec-
ommend to Congress such legislative changes as are necessary 
to implement such a system. The study should include the 
impacts on overall energy supply, distribution, and use as a 
result of the legislative changes recommended. 
(3) CONDUCT OF STUDY.—In carrying out their joint duties 
under this section, the Administrator and the Secretary shall 
use sound science and objective science practices, shall consider 
the best available science, shall use data collected by accepted 
means and shall consider and include a description of the 
weight of the scientific evidence. The Administrator and the 
Secretary shall coordinate the study required by this section 
with other studies required by the Act. 
(4) RESPONSIBILITY
OF
ADMINISTRATOR.—In carrying out 
the study required by this section, the Administrator shall 
coordinate obtaining comments from affected parties interested 
in the air quality impact assessment portion of the study. 
(5) RESPONSIBILITY
OF
SECRETARY.—In carrying out the 
study required by this section, the Secretary shall coordinate 
obtaining comments from affected parties interested in the 
fuel availability, number of fuel blends, fuel fungibility, and 
fuel costs portion of the study. 
(6) REPORT TO CONGRESS.—The Administrator and the Sec-
retary jointly shall submit the results of the study required 
by this section in a report to the Congress not later than 
12 months after the date of the enactment of this Act, together 
with any recommended regulatory and legislative changes. Such 
report shall be submitted to the Committee on Energy and 
Commerce of the United States House of Representatives and 
the Committees on Energy and Natural Resources and on 
Environment and Public Works of the Senate.