545 
gasoline distribution patterns that include multistate 
use areas. 
(3) APPLICABLE
LAW.—Activities carried out 
under this subsection shall be conducted in a manner 
designed to protect confidentiality of individual re-
sponses. 
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 tertiary 
butyl ether (hereinafterin 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 virtue 
of the fact that it is, or contains, such a renewable fuel or 
MTBE, if it does not violate a control or prohibition im-
posed by the Administrator of the Environmental Protec-
tion 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 infor-
mation 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 product shall be deter-
mined under otherwise applicable law. Nothing in this sub-
section shall be construed to affect the liability of any per-
546 
son for environmental remediation costs, drinking water 
contamination, negligence for spills or other reasonably 
foreseeable events, public or private nuisance, trespass, 
breach of warranty, breach of contract, or any other liabil-
ity other than liability based upon a claim of defective 
product. 
(b) EFFECTIVE DATE.—This section shall be effective 
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 (here-
inafter in this section referred to as ‘‘MTBE’’) has 
been used nationwide at low levels in gasoline to re-
place 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 oxygen 
standard, Congress was aware that significant use of 
MTBE would result from the adoption of that stand-
ard, and that the use of MTBE would likely be im-
547 
portant to the cost-effective implementation of that 
program; 
(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 gaso-
line 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—
548 
(A) to merchant producers of MTBE who 
produced MTBE in response to a market created 
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 reformu-
lated gasoline and from the decision to establish 
a date certain for action by the Environmental 
Protection Agency to prohibit the use of MTBE 
in gasoline. 
(b) PURPOSES.—The purpose of this section is to pro-
vide 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 following: 
‘‘(5) MTBE MERCHANT PRODUCER CONVERSION 
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-
549 
inafter in this subsection referred to as 
‘MTBE’) in the United States to assist the 
producers in the conversion of eligible pro-
duction facilities described in subparagraph 
(C) to the production of iso-octane, iso- 
octene, alkylates, or renewable fuels. 
‘‘(ii) DETERMINATION.—The Adminis-
trator, in consultation with the Secretary of 
Energy, may determine that transition as-
sistance for the production of iso-octane, 
iso-octene, alkylates, or renewable fuels is 
inconsistent with the provisions of subpara-
graph (B) and, on that basis, may deny ap-
plications for grants authorized by this 
paragraph. 
‘‘(B) FURTHER GRANTS.—The Secretary of 
Energy, in consultation with the Administrator, 
may also further make grants to merchant pro-
ducers of MTBE in the United States to assist 
the producers in the conversion of eligible pro-
duction facilities described in subparagraph (C) 
to the production of such other fuel additives 
(unless the Administrator determines that such 
fuel additives may reasonably be anticipated to