550 
endanger public health or the environment) that, 
consistent with this subsection— 
‘‘(i) have been registered and have been 
tested or are being tested in accordance with 
the requirements of this section; and 
‘‘(ii) will contribute to replacing gaso-
line volumes lost as a result of amendments 
made to subsection (k) of this section by sec-
tion 1504(a) and 1506 of the Energy Policy 
Act of 2005. 
‘‘(C) ELIGIBLE PRODUCTION FACILITIES.— 
A production facility shall be eligible to receive 
a grant under this paragraph if the production 
facility— 
‘‘(i) is located in the United States; 
and 
‘‘(ii) produced MTBE for consumption 
before April 1, 2003 and ceased production 
at any time after the date of enactment of 
this paragraph. 
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
to carry out this paragraph $250,000,000 for 
each of fiscal years 2005 through 2012, to re-
main available until expended.’’.
551 
SEC. 1504. USE OF MTBE. 
(a) IN GENERAL.—Subject to subsections (e) and (f), 
not later than December 31, 2014, the use of methyl tertiary 
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 au-
thorizing 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 authority 
of subsection (a), shall not prohibit or control the produc-
552 
tion 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 author-
ity 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 ter-
tiary 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 col-
lected by accepted methods or the best available means. The 
review shall examine the use of MTBE in fuel and fuel ad-
ditives, significant beneficial and detrimental effects 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 regarding fuel avail-
ability and price, and other appropriate and reasonable ac-
tions that are available to protect the environment 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 supporting data and
553 
analytical models shall be available to the public. The re-
view shall be completed no later than May 31, 2014. 
(b) PRESIDENTIAL DETERMINATION.—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. 
(B) In paragraph (3)(A), by striking clause 
(v).
554 
(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 amendments 
shall take effect upon such date of enactment in any 
State that has received a waiver under section 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: 
‘‘(A) IN GENERAL.—Not later than Novem-
ber 15, 1991,’’. 
(2) By adding at the end the following:
555 
‘‘(B) MAINTENANCE OF TOXIC AIR POLLUT-
ANT
EMISSIONS
REDUCTIONS
FROM
REFORMU-
LATED GASOLINE.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph the term ‘PADD’ means a Petroleum 
Administration for Defense District. 
‘‘(ii) REGULATIONS REGARDING EMIS-
SIONS
OF
TOXIC
AIR
POLLUTANTS.—Not 
later than 270 days after the date of enact-
ment 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 gasoline pro-
duced or distributed by the refinery or im-
porter during calendar years 1999 and 
2000, determined on the basis of data col-
lected by the Administrator with respect to 
the refinery or importer. 
‘‘(iii) STANDARDS APPLICABLE TO SPE-
CIFIC REFINERIES OR IMPORTERS.—
556 
‘‘(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 importer 
in the calendar year only to the extent 
that the quantity is less than or equal 
to the average annual quantity of re-
formulated gasoline produced or dis-
tributed by the refinery or importer 
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 subject 
to subclause (I) shall be subject to 
standards for toxic air pollutants pro-
mulgated 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-
557 
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 enactment of 
this subparagraph, and not later than 
April 1 of each calendar year that be-
gins after that date of enactment, the 
Administrator shall publish in the 
Federal Register a report that specifies, 
with respect to the previous 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 av-
erage annual aggregate emissions 
of toxic air pollutants in each 
PADD, based on retail survey 
data or data from other appro-
priate sources.
558 
‘‘(II) EFFECT
OF
FAILURE
TO 
MAINTAIN AGGREGATE TOXICS REDUC-
TIONS.—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 aggre-
gate emissions of toxic air pollutants 
in the PADD in calendar years 1999 
and 2000, the Administrator, not later 
than 90 days after the date of publica-
tion of the report for the calendar year 
under subclause (I), shall— 
‘‘(aa) identify, to the max-
imum extent practicable, the rea-
sons for the failure, including the 
sources, volumes, and characteris-
tics of reformulated gasoline that 
contributed to the failure; and 
‘‘(bb) promulgate revisions to 
the regulations promulgated under 
clause (ii), to take effect not ear-
lier than 180 days but not later 
than 270 days after the date of 
promulgation, to provide that,
559 
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 fol-
lowing the report in subclause (II) 
and for subsequent years. 
‘‘(vi) REGULATIONS TO CONTROL HAZ-
ARDOUS AIR POLLUTANTS FROM MOTOR VE-
HICLES AND MOTOR VEHICLE FUELS.—Not 
later than July 1, 2005, the Administrator 
shall promulgate final regulations to control 
hazardous air pollutants from motor vehi-
cles and motor vehicle fuels, as provided for 
in section 80.1045 of title 40, Code of Fed-
eral 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 Environ-
mental Protection Agency shall revise the reformulated gas-
oline 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
560 
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 require-
ments 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 (here-
inafter in this subsection referred to as the ‘‘Adminis-
trator’’) prior to the date of enactment of this Act regarding 
emissions of toxic air pollutants from motor vehicles or the 
adjustment of standards applicable to a specific refinery or 
importer made under such prior regulations and the Ad-
ministrator 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— 
(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 Ad-
ministrator may revise such adjustments to take ac-
561 
count 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 practicable, to main-
tain the reduction achieved during calendar years 
1999–2000 in the average annual aggregate emissions 
of toxic air pollutants from reformulated gasoline pro-
duced or distributed by the refinery or importer; Pro-
vided, that any such adjustment shall not be made at 
a level below the average percentage of reductions of 
emissions of toxic air pollutants for reformulated gas-
oline 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: 
‘‘(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
562 
to the use of motor vehicle fuel and fuel additives 
resulting from implementation of the amend-
ments made by subtitle A of title XV of the En-
ergy 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 publish 
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 ef-
fects of gasoline characteristics or components on 
emissions from vehicles in the motor vehicle fleet dur-
ing calendar year 2005.’’. 
SEC. 1508. DATA COLLECTION. 
Section 205 of the Department of Energy Organization 
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 con-
duct and publish the results of a survey of renewable fuels 
demand in the motor vehicle fuels market in the United
563 
States monthly, and in a manner designed to protect the 
confidentiality of individual responses. In conducting the 
survey, the Administrator shall collect information both on 
a national and regional basis, including each of the fol-
lowing: 
‘‘(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 demanded. 
‘‘(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-
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
564 
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 Administrator, 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 Environmental 
Protection Agency (hereinafter in this subsection referred 
to as the ‘‘Administrator’’), in cooperation with the Sec-
retary of Energy, shall undertake a study of the projected 
effects on air quality, the proliferation of fuel blends, fuel 
availability, and fuel costs of providing a preference 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 cer-
tified 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 cer-
tified by the Administrator as having a Reid Vapor 
Pressure of 7.8 pounds per square inch (psi).
565 
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, to-
gether with any recommended legislative changes. 
SEC. 1510. FUEL SYSTEM REQUIREMENTS HARMONIZATION 
STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Administrator of the En-
vironmental 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— 
(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 requirements 
described in paragraph (1) on the supply, qual-
ity, and price of motor vehicle fuels available to 
consumers in various States and localities;
566 
(B) the effect of the requirements described 
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 multiple 
motor vehicle fuel requirements, on— 
(i) domestic refineries; 
(ii) the fuel distribution system; and 
(iii) industry investment in new ca-
pacity; 
(D) the effect of the requirements described 
in paragraph (1) on emissions from vehicles, re-
fineries, and fuel handling facilities; 
(E) the feasibility of developing national or 
regional motor vehicle fuel slates for the 48 con-
tiguous States that, while improving air quality 
at the national, regional and local levels con-
sistent with the attainment of national ambient 
air quality standards, could— 
(i) enhance flexibility in the fuel dis-
tribution infrastructure and improve fuel 
fungibility;
567 
(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 the 
price of motor fuel can be projected to result 
from the Environmental Protection Agency’s 
Tier II requirements for conventional gasoline 
and vehicle emission systems, the reformulated 
gasoline program, the renewable content require-
ments established by this subtitle, State pro-
grams regarding gasoline volatility, and any 
other requirements imposed by States or local-
ities affecting the composition of motor fuel. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 
2007, the Administrator and the Secretary of Energy 
shall submit to Congress a report on the results of the 
study conducted under subsection (a). 
(2) RECOMMENDATIONS.—
568 
(A) IN GENERAL.—The report under this 
subsection shall contain recommendations for leg-
islative 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. 
(B) REQUIRED CONSIDERATIONS.—The rec-
ommendations 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 Sec-
retary 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.
569 
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 ‘‘Sec-
retary’’) shall establish a program to provide guarantees of 
loans by private institutions for the construction of facili-
ties 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 avail-
able to the applicant under reasonable terms or condi-
tions sufficient to finance the construction of a facil-
ity 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
570 
(3) the loan bears interest at a rate determined 
by the Secretary to be reasonable, taking into account 
the current average yield on outstanding obligations 
of the United States with remaining periods of matu-
rity comparable to the maturity of the loan. 
(d) CRITERIA.—In selecting recipients of loan guaran-
tees from among applicants, the Secretary shall give pref-
erence to proposals that— 
(1) meet all applicable Federal and State per-
mitting requirements; 
(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.
571 
(g) ASSURANCE OF REPAYMENT.—The Secretary shall 
require that an applicant for a loan guarantee under sub-
section (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 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 guarantee 
made by the Secretary shall be conclusive evidence of the 
eligibility of the loan for the guarantee with respect to prin-
cipal and interest. The validity of the guarantee shall be 
incontestable in the hands of a holder of the guaranteed 
loan. 
(j) REPORTS.—Until each guaranteed loan under this 
section has been repaid in full, the Secretary shall annually 
submit to Congress a report on the activities of the Sec-
retary under this section.
572 
(k) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
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. 
SEC. 1512. CELLULOSIC BIOMASS AND WASTE-DERIVED 
ETHANOL CONVERSION ASSISTANCE. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
amended by adding at the end the following: 
‘‘(r) CELLULOSIC
BIOMASS
AND
WASTE-DERIVED 
ETHANOL CONVERSION ASSISTANCE.— 
‘‘(1) IN
GENERAL.—The Secretary of Energy 
may provide grants to merchant producers of cel-
lulosic biomass ethanol and waste-derived ethanol in 
the United States to assist the producers in building 
eligible production facilities described in paragraph 
(2) for the production of ethanol. 
‘‘(2) ELIGIBLE PRODUCTION FACILITIES.—A pro-
duction 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 biomass or waste-de-
rived feedstocks derived from agricultural resi-
573 
dues, wood residues, municipal solid waste, or 
agricultural byproducts as that term is used in 
section 919 of the Energy Policy Act of 2005. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated the following 
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.’’. 
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 GASO-
LINES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsections 
(h) and (k) and subject to the limitations in para-
graph (2) of this subsection, it shall not be a violation 
of this subtitle for a gasoline retailer, during any 
month of the year, to blend at a retail location 
batches of ethanol-blended and non-ethanol-blended re-
formulated gasoline, provided that— 
‘‘(A) each batch of gasoline to be blended 
has been individually certified as in compliance
574 
with subsections (h) and (k) prior to being blend-
ed; 
‘‘(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 des-
ignee, makes available for inspection such certifi-
cations 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’, gasoline 
(as these terms are defined under subsections (h) 
and (k)). 
‘‘(2) LIMITATIONS.— 
‘‘(A) FREQUENCY LIMITATION.—A retailer shall 
only be permitted to blend batches of compliant refor-
mulated gasoline under this subsection a maximum 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)
575 
shall extend for a period of no more than 10 consecu-
tive calendar days. 
‘‘(3) SURVEYS.—A sample of gasoline taken from 
a retail location that has blended gasoline within the 
past 30 days and is in compliance with subpara-
graphs (A), (B), (C), and (D) of paragraph (1) shall 
not be used in a VOC survey mandated by 40 C.F.R. 
Part 80. 
‘‘(4) STATE IMPLEMENTATION PLANS.—A State 
shall be held harmless and shall not be required to re-
vise its State implementation plan under section 110 
to account for the emissions from blended gasoline au-
thorized under paragraph (1). 
‘‘(5) PRESERVATION OF STATE LAW.—Nothing in 
this subsection shall— 
‘‘(A) preempt existing State laws or regula-
tions regulating the blending of compliant gaso-
lines; 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.
576 
‘‘(7) EFFECTIVE DATE.—This subsection shall be-
come effective 15 months after the date of its enact-
ment and shall apply to blended batches of reformu-
lated 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 per-
son responsible for blending under this subsection 
shall be subject to an enforcement action or penalties 
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 Administrator 
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’’.
577 
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 avail-
able 
to 
the 
Administrator 
under 
section 
9014(2)(A) for each fiscal year for use in paying 
the reasonable costs, incurred under a coopera-
tive 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 Administrator, 
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.
578 
‘‘(B) USE OF FUNDS FOR ENFORCEMENT.— 
In addition to the uses of funds authorized under 
subparagraph (A), the Administrator may use 
funds from the Trust Fund that are not distrib-
uted to States under subparagraph (A) for en-
forcement of any regulation promulgated by the 
Administrator under this subtitle. 
‘‘(C) PROHIBITED USES.—Funds provided 
to a State by the Administrator under subpara-
graph (A) shall not be used by the State to pro-
vide financial assistance to an owner or operator 
to meet any requirement relating to underground 
storage tanks under subparts B, C, D, H, and G 
of part 280 of title 40, Code of Federal Regula-
tions (as in effect on the date of enactment 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 cooperative 
agreement under section 9003(h)(7)(A), the Ad-
ministrator shall distribute funds from the Trust 
Fund to the State using an allocation process de-
veloped by the Administrator.
579 
‘‘(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 under-
ground storage tanks covered by this subtitle, 
with the exception of those transfers that had 
been completed earlier than the date of enact-
ment of this subsection. 
‘‘(C) REVISIONS TO PROCESS.—The Admin-
istrator may revise the allocation process referred 
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.
580 
‘‘(II) The number of federally reg-
ulated 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. 
‘‘(3) DISTRIBUTIONS TO STATE AGENCIES.—Dis-
tributions from the Trust Fund under this subsection 
shall be made directly to a State agency that— 
‘‘(A) enters into a cooperative agreement re-
ferred to in paragraph (2)(A); or 
‘‘(B) is enforcing a State program approved 
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 following new para-
graph at the end thereof: 
‘‘(6) WITHDRAWAL OF APPROVAL.—After an op-
portunity for good faith, collaborative efforts to cor-
rect financial deficiencies with a State fund, the Ad-
581 
ministrator 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: 
‘‘(E) INABILITY
OR
LIMITED
ABILITY
TO 
PAY.— 
‘‘(i) IN GENERAL.—In determining the 
level of recovery effort, or amount that 
should be recovered, the Administrator (or 
the State pursuant to paragraph (7)) shall 
consider the owner or operator’s ability to 
pay. An inability or limited ability to pay 
corrective action costs must be demonstrated 
to the Administrator (or the State pursuant 
to paragraph (7)) by the owner or operator. 
‘‘(ii) 
CONSIDERATIONS.—In 
deter-
mining whether or not a demonstration is 
made under clause (i), the Administrator 
(or the State pursuant to paragraph (7)) 
shall take into consideration the ability of 
the owner or operator to pay corrective ac-
582 
tion costs and still maintain its basic busi-
ness operations, including consideration of 
the overall financial condition of the owner 
or operator and demonstrable constraints on 
the ability of the owner or operator to raise 
revenues. 
‘‘(iii) INFORMATION.—An owner or op-
erator requesting consideration under this 
subparagraph shall promptly provide the 
Administrator (or the State pursuant to 
paragraph (7)) with all relevant informa-
tion needed to determine the ability of the 
owner or operator to pay corrective action 
costs. 
‘‘(iv) ALTERNATIVE
PAYMENT
METH-
ODS.—The Administrator (or the State pur-
suant to paragraph (7)) shall consider al-
ternative payment methods as may be nec-
essary or appropriate if the Administrator 
(or the State pursuant to paragraph (7)) 
determines that an owner or operator can-
not pay all or a portion of the costs in a 
lump sum payment. 
‘‘(v) 
MISREPRESENTATION.—If 
an 
owner or operator provides false informa-
583 
tion or otherwise misrepresents their finan-
cial situation under clause (ii), the Admin-
istrator (or the State pursuant to para-
graph (7)) shall seek full recovery of the 
costs of all such actions pursuant to the 
provisions of subparagraph (A) without 
consideration of the factors in subparagraph 
(B).’’. 
SEC. 
1523. 
INSPECTION 
OF 
UNDERGROUND 
STORAGE 
TANKS. 
(a) INSPECTION REQUIREMENTS.—Section 9005 of the 
Solid Waste Disposal Act (42 U.S.C. 6991d) is amended 
by inserting the following new subsection at the end thereof: 
‘‘(c) INSPECTION REQUIREMENTS.— 
‘‘(1) UNINSPECTED TANKS.—In the case of un-
derground storage tanks regulated under this subtitle 
that have not undergone an inspection since December 
22, 1998, not later than 2 years after the date of en-
actment of this subsection, the Administrator or a 
State that receives funding under this subtitle, as ap-
propriate, shall conduct on-site inspections of all such 
tanks to determine compliance with this subtitle and 
the regulations under this subtitle (40 C.F.R. 280) or 
a requirement or standard of a State program devel-
oped under section 9004.
584 
‘‘(2) PERIODIC INSPECTIONS.—After completion 
of all inspections required under paragraph (1), the 
Administrator or a State that receives funding under 
this subtitle, as appropriate, shall conduct on-site in-
spections of each underground storage tank regulated 
under this subtitle at least once every 3 years to de-
termine compliance with this subtitle and the regula-
tions under this subtitle (40 C.F.R. 280) or a require-
ment or standard of a State program developed under 
section 9004. The Administrator may extend for up 
to one additional year the first 3-year inspection in-
terval under this paragraph if the State demonstrates 
that it has insufficient resources to complete all such 
inspections within the first 3-year period. 
‘‘(3) INSPECTION AUTHORITY.—Nothing in this 
section shall be construed to diminish the Administra-
tor’s or a State’s authorities under section 9005(a).’’. 
(b) STUDY
OF
ALTERNATIVE
INSPECTION
PRO-
GRAMS.—The Administrator of the Environmental Protec-
tion Agency, in coordination with a State, shall gather in-
formation on compliance assurance programs that could 
serve as an alternative to the inspection programs under 
section 9005(c) of the Solid Waste Disposal Act (42 U.S.C. 
6991d(c)) and shall, within 4 years after the date of enact-
585 
ment of this Act, submit a report to the Congress containing 
the results of such study. 
SEC. 1524. OPERATOR TRAINING. 
(a) IN GENERAL.—Section 9010 of the Solid Waste 
Disposal Act (42 U.S.C. 6991i) is amended to read as fol-
lows: 
‘‘SEC. 9010. OPERATOR TRAINING. 
‘‘(a) GUIDELINES.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Underground Storage 
Tank Compliance Act of 2005, in consultation and 
cooperation with States and after public notice and 
opportunity for comment, the Administrator shall 
publish guidelines that specify training requirements 
for— 
‘‘(A) persons having primary responsibility 
for on-site operation and maintenance of under-
ground storage tank systems; 
‘‘(B) persons having daily on-site responsi-
bility for the operation and maintenance of un-
derground storage tanks systems; and 
‘‘(C) daily, on-site employees having pri-
mary responsibility for addressing emergencies 
presented by a spill or release from an under-
ground storage tank system.
586 
‘‘(2) CONSIDERATIONS.—The guidelines described 
in paragraph (1) shall take into account— 
‘‘(A) State training programs in existence 
as of the date of publication of the guidelines; 
‘‘(B) training programs that are being em-
ployed by tank owners and tank operators as of 
the date of enactment of the Underground Stor-
age Tank Compliance Act of 2005; 
‘‘(C) the high turnover rate of tank opera-
tors and other personnel; 
‘‘(D) the frequency of improvement in un-
derground storage tank equipment technology; 
‘‘(E) the nature of the businesses in which 
the tank operators are engaged; 
‘‘(F) the substantial differences in the scope 
and length of training needed for the different 
classes of persons described in subparagraphs 
(A), (B), and (C) of paragraph (1); and 
‘‘(G) such other factors as the Administrator 
determines to be necessary to carry out this sec-
tion. 
‘‘(b) STATE PROGRAMS.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date on which the Administrator publishes the 
guidelines under subsection (a)(1), each State that re-
587 
ceives funding under this subtitle shall develop State- 
specific training requirements that are consistent 
with the guidelines developed under subsection (a)(1). 
‘‘(2) REQUIREMENTS.—State requirements de-
scribed in paragraph (1) shall— 
‘‘(A) be consistent with subsection (a); 
‘‘(B) be developed in cooperation with tank 
owners and tank operators; 
‘‘(C) take into consideration training pro-
grams implemented by tank owners and tank op-
erators as of the date of enactment of this sec-
tion; and 
‘‘(D) be appropriately communicated to 
tank owners and operators. 
‘‘(3) FINANCIAL INCENTIVE.—The Administrator 
may award to a State that develops and implements 
requirements described in paragraph (1), in addition 
to any funds that the State is entitled to receive 
under this subtitle, not more than $200,000, to be 
used to carry out the requirements. 
‘‘(c) TRAINING.—All persons that are subject to the op-
erator training requirements of subsection (a) shall— 
‘‘(1) meet the training requirements developed 
under subsection (b); and
588 
‘‘(2) repeat the applicable requirements developed 
under subsection (b), if the tank for which they have 
primary daily on-site management responsibilities is 
determined to be out of compliance with— 
‘‘(A) a requirement or standard promul-
gated by the Administrator under section 9003; 
or 
‘‘(B) a requirement or standard of a State 
program approved under section 9004.’’. 
(b) 
STATE
PROGRAM
REQUIREMENT.—Section 
9004(a) of the Solid Waste Disposal Act (42 U.S.C. 
6991c(a)) is amended by striking ‘‘and’’ at the end of para-
graph (7), by striking the period at the end of paragraph 
(8) and inserting ‘‘; and’’, and by adding the following new 
paragraph at the end thereof: 
‘‘(9) State-specific training requirements as re-
quired by section 9010.’’. 
(c) ENFORCEMENT.—Section 9006(d)(2) of such Act 
(42 U.S.C. 6991e) is amended as follows: 
(1) By striking ‘‘or’’ at the end of subparagraph 
(B). 
(2) By adding the following new subparagraph 
after subparagraph (C):
589 
‘‘(D) the training requirements established by 
States pursuant to section 9010 (relating to operator 
training); or’’. 
(d) TABLE OF CONTENTS.—The item relating to sec-
tion 9010 in table of contents for the Solid Waste Disposal 
Act is amended to read as follows: 
‘‘Sec. 9010. Operator training.’’. 
SEC. 1525. REMEDIATION FROM OXYGENATED FUEL ADDI-
TIVES. 
Section 9003(h) of the Solid Waste Disposal Act (42 
U.S.C. 6991b(h)) is amended as follows: 
(1) In paragraph (7)(A)— 
(A) by striking ‘‘paragraphs (1) and (2) of 
this subsection’’ and inserting ‘‘paragraphs (1), 
(2), and (12)’’ ; and 
(B) by striking ‘‘and including the authori-
ties of paragraphs (4), (6), and (8) of this sub-
section’’ and inserting ‘‘and the authority under 
sections 9011 and 9012 and paragraphs (4), (6), 
and (8),’’. 
(2) By adding at the end the following: 
‘‘(12) REMEDIATION OF OXYGENATED FUEL CON-
TAMINATION.— 
‘‘(A) IN GENERAL.—The Administrator and 
the States may use funds made available under 
section 9014(2)(B) to carry out corrective actions
590 
with respect to a release of a fuel containing an 
oxygenated fuel additive that presents a threat to 
human health or welfare or the environment. 
‘‘(B) APPLICABLE
AUTHORITY.—The Ad-
ministrator or a State shall carry out subpara-
graph (A) in accordance with paragraph (2), 
and in the case of a State, in accordance with 
a cooperative agreement entered into by the Ad-
ministrator and the State under paragraph 
(7).’’. 
SEC. 1526. RELEASE PREVENTION, COMPLIANCE, AND EN-
FORCEMENT. 
(a) RELEASE PREVENTION AND COMPLIANCE.—Sub-
title I of the Solid Waste Disposal Act (42 U.S.C. 6991 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 
COMPLIANCE. 
‘‘Funds made available under section 9014(2)(D) from 
the Trust Fund may be used to conduct inspections, issue 
orders, or bring actions under this subtitle— 
‘‘(1) by a State, in accordance with a grant or 
cooperative agreement with the Administrator, of 
State regulations pertaining to underground storage 
tanks regulated under this subtitle; and
591 
‘‘(2) by the Administrator, for tanks regulated 
under this subtitle (including under a State program 
approved under section 9004).’’. 
(b) GOVERNMENT-OWNED TANKS.—Section 9003 of the 
Solid Waste Disposal Act (42 U.S.C. 6991b) is amended 
by adding at the end the following: 
‘‘(i) GOVERNMENT-OWNED TANKS.— 
‘‘(1) STATE COMPLIANCE REPORT.—(A) Not later 
than 2 years after the date of enactment of this sub-
section, each State that receives funding under this 
subtitle shall submit to the Administrator a State 
compliance report that— 
‘‘(i) lists the location and owner of each un-
derground storage tank described in subpara-
graph (B) in the State that, as of the date of 
submission of the report, is not in compliance 
with section 9003; and 
‘‘(ii) specifies the date of the last inspection 
and describes the actions that have been and will 
be taken to ensure compliance of the under-
ground storage tank listed under clause (i) with 
this subtitle. 
‘‘(B) An underground storage tank described in 
this subparagraph is an underground storage tank 
that is—
592 
‘‘(i) regulated under this subtitle; and 
‘‘(ii) owned or operated by the Federal, 
State, or local government. 
‘‘(C) The Administrator shall make each report, 
received under subparagraph (A), available to the 
public through an appropriate media. 
‘‘(2) FINANCIAL INCENTIVE.—The Administrator 
may award to a State that develops a report de-
scribed in paragraph (1), in addition to any other 
funds that the State is entitled to receive under this 
subtitle, not more than $50,000, to be used to carry 
out the report. 
‘‘(3) NOT A SAFE HARBOR.—This subsection does 
not relieve any person from any obligation or require-
ment under this subtitle.’’. 
(c) PUBLIC RECORD.—Section 9002 of the Solid Waste 
Disposal Act (42 U.S.C. 6991a) is amended by adding at 
the end the following: 
‘‘(d) PUBLIC RECORD.— 
‘‘(1) IN GENERAL.—The Administrator shall re-
quire each State that receives Federal funds to carry 
out this subtitle to maintain, update at least annu-
ally, and make available to the public, in such man-
ner and form as the Administrator shall prescribe
593 
(after consultation with States), a record of under-
ground storage tanks regulated under this subtitle. 
‘‘(2) CONSIDERATIONS.—To the maximum extent 
practicable, the public record of a State, respectively, 
shall include, for each year— 
‘‘(A) the number, sources, and causes of un-
derground storage tank releases in the State; 
‘‘(B) the record of compliance by under-
ground storage tanks in the State with— 
‘‘(i) this subtitle; or 
‘‘(ii) an applicable State program ap-
proved under section 9004; and 
‘‘(C) data on the number of underground 
storage tank equipment failures in the State.’’. 
(d) INCENTIVE FOR PERFORMANCE.—Section 9006 of 
the Solid Waste Disposal Act (42 U.S.C. 6991e) is amended 
by adding at the end the following: 
‘‘(e) INCENTIVE FOR PERFORMANCE.—Both of the fol-
lowing may be taken into account in determining the terms 
of a civil penalty under subsection (d): 
‘‘(1) The compliance history of an owner or oper-
ator in accordance with this subtitle or a program 
approved under section 9004. 
‘‘(2) Any other factor the Administrator con-
siders appropriate.’’.
594 
(e) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new item 
at the end thereof: 
‘‘Sec. 9011. Use of funds for release prevention and compliance.’’. 
SEC. 1527. DELIVERY PROHIBITION. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 9012. DELIVERY PROHIBITION. 
‘‘(a) REQUIREMENTS.— 
‘‘(1) PROHIBITION OF DELIVERY OR DEPOSIT.— 
Beginning 2 years after the date of enactment of this 
section, it shall be unlawful to deliver to, deposit into, 
or accept a regulated substance into an underground 
storage tank at a facility which has been identified by 
the Administrator or a State implementing agency to 
be ineligible for fuel delivery or deposit. 
‘‘(2) GUIDANCE.—Within 1 year after the date of 
enactment of this section, the Administrator and 
States that receive funding under this subtitle shall, 
in consultation with the underground storage tank 
owner and product delivery industries, for territory 
for which they are the primary implementing agen-
cies, publish guidelines detailing the specific processes 
and procedures they will use to implement the provi-
595 
sions of this section. The processes and procedures in-
clude, at a minimum— 
‘‘(A) the criteria for determining which un-
derground storage tank facilities are ineligible 
for delivery or deposit; 
‘‘(B) the mechanisms for identifying which 
facilities are ineligible for delivery or deposit to 
the underground storage tank owning and fuel 
delivery industries; 
‘‘(C) the process for reclassifying ineligible 
facilities as eligible for delivery or deposit; and 
‘‘(D) a delineation of, or a process for deter-
mining, the specified geographic areas subject to 
paragraph (4). 
‘‘(3) DELIVERY PROHIBITION NOTICE.— 
‘‘(A) ROSTER.—The Administrator and 
each State implementing agency that receives 
funding under this subtitle shall establish within 
24 months after the date of enactment of this sec-
tion a Delivery Prohibition Roster listing under-
ground storage tanks under the Administrator’s 
or the State’s jurisdiction that are determined to 
be ineligible for delivery or deposit pursuant to 
paragraph (2).
596 
‘‘(B) NOTIFICATION.—The Administrator 
and each State, as appropriate, shall make read-
ily known, to underground storage tank owners 
and operators and to product delivery industries, 
the underground storage tanks listed on a Deliv-
ery Prohibition Roster by: 
‘‘(i) posting such Rosters, including the 
physical location and street address of each 
listed underground storage tank, on official 
web sites and, if the Administrator or the 
State so chooses, other electronic means; 
‘‘(ii) updating these Rosters periodi-
cally; and 
‘‘(iii) installing a tamper-proof tag, 
seal, or other device blocking the fill pipes 
of such underground storage tanks to pre-
vent the delivery of product into such un-
derground storage tanks. 
‘‘(C) ROSTER
UPDATES.—The Adminis-
trator and the State shall update the Delivery 
Prohibition Rosters as appropriate, but not less 
than once a month on the first day of the month. 
‘‘(D) TAMPERING WITH DEVICE.— 
‘‘(i) PROHIBITION.—It shall be unlaw-
ful for any person, other than an authorized
597 
representative of the Administrator or a 
State, as appropriate, to remove, tamper 
with, destroy, or damage a device installed 
by the Administrator or a State, as appro-
priate, under subparagraph (B)(iii) of this 
subsection. 
‘‘(ii) CIVIL
PENALTIES.—Any person 
violating clause (i) of this subparagraph 
shall be subject to a civil penalty not to ex-
ceed $10,000 for each violation. 
‘‘(4) LIMITATION.— 
‘‘(A) RURAL AND REMOTE AREAS.—Subject 
to subparagraph (B), the Administrator or a 
State shall not include an underground storage 
tank on a Delivery Prohibition Roster under 
paragraph (3) if an urgent threat to public 
health, as determined by the Administrator, does 
not exist and if such a delivery prohibition 
would jeopardize the availability of, or access to, 
fuel in any rural and remote areas. 
‘‘(B) APPLICABILITY OF LIMITATION.—The 
limitation under subparagraph (A) shall apply 
only during the 180-day period following the 
date of a determination by the Administrator or 
the appropriate State that exercising the author-
598 
ity of paragraph (3) is limited by subparagraph 
(A). 
‘‘(b) EFFECT ON STATE AUTHORITY.—Nothing in this 
section shall affect the authority of a State to prohibit the 
delivery of a regulated substance to an underground storage 
tank. 
‘‘(c) DEFENSE TO VIOLATION.—A person shall not be 
in violation of subsection (a)(1) if the underground storage 
tank into which a regulated substance is delivered is not 
listed on the Administrator’s or the appropriate State’s 
Prohibited Delivery Roster 7 calendar days prior to the de-
livery being made.’’. 
(b) ENFORCEMENT.—Section 9006(d)(2) of such Act 
(42 U.S.C. 6991e(d)(2)) is amended as follows: 
(1) By adding the following new subparagraph 
after subparagraph (D): 
‘‘(E) the delivery prohibition requirement estab-
lished by section 9012,’’. 
(2) By adding the following new sentence at the 
end thereof: ‘‘Any person making or accepting a deliv-
ery or deposit of a regulated substance to an under-
ground storage tank at an ineligible facility in viola-
tion of section 9012 shall also be subject to the same 
civil penalty for each day of such violation.’’.
599 
(c) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new item 
at the end thereof: 
‘‘Sec. 9012. Delivery prohibition.’’. 
SEC. 1528. FEDERAL FACILITIES. 
Section 9007 of the Solid Waste Disposal Act (42 
U.S.C. 6991f) is amended to read as follows: 
‘‘SEC. 9007. FEDERAL FACILITIES. 
‘‘(a) IN GENERAL.—Each department, agency, and in-
strumentality of the executive, legislative, and judicial 
branches of the Federal Government (1) having jurisdiction 
over any underground storage tank or underground storage 
tank system, or (2) engaged in any activity resulting, or 
which may result, in the installation, operation, manage-
ment, or closure of any underground storage tank, release 
response activities related thereto, or in the delivery, accept-
ance, or deposit of any regulated substance to an under-
ground storage tank or underground storage tank system 
shall be subject to, and comply with, all Federal, State, 
interstate, and local requirements, both substantive and 
procedural (including any requirement for permits or re-
porting or any provisions for injunctive relief and such 
sanctions as may be imposed by a court to enforce such 
relief), respecting underground storage tanks in the same 
manner, and to the same extent, as any person is subject 
to such requirements, including the payment of reasonable
600 
service charges. The Federal, State, interstate, and local 
substantive and procedural requirements referred to in this 
subsection include, but are not limited to, all administra-
tive orders and all civil and administrative penalties and 
fines, regardless of whether such penalties or fines are puni-
tive or coercive in nature or are imposed for isolated, inter-
mittent, or continuing violations. The United States hereby 
expressly waives any immunity otherwise applicable to the 
United States with respect to any such substantive or proce-
dural requirement (including, but not limited to, any in-
junctive relief, administrative order or civil or administra-
tive penalty or fine referred to in the preceding sentence, 
or reasonable service charge). The reasonable service charges 
referred to in this subsection include, but are not limited 
to, fees or charges assessed in connection with the processing 
and issuance of permits, renewal of permits, amendments 
to permits, review of plans, studies, and other documents, 
and inspection and monitoring of facilities, as well as any 
other nondiscriminatory charges that are assessed in con-
nection with a Federal, State, interstate, or local under-
ground storage tank regulatory program. Neither the 
United States, nor any agent, employee, or officer thereof, 
shall be immune or exempt from any process or sanction 
of any State or Federal Court with respect to the enforce-
ment of any such injunctive relief. No agent, employee, or
601 
officer of the United States shall be personally liable for 
any civil penalty under any Federal, State, interstate, or 
local law concerning underground storage tanks with re-
spect to any act or omission within the scope of the official 
duties of the agent, employee, or officer. An agent, employee, 
or officer of the United States shall be subject to any crimi-
nal sanction (including, but not limited to, any fine or im-
prisonment) under any Federal or State law concerning un-
derground storage tanks, but no department, agency, or in-
strumentality of the executive, legislative, or judicial branch 
of the Federal Government shall be subject to any such sanc-
tion. The President may exempt any underground storage 
tank of any department, agency, or instrumentality in the 
executive branch from compliance with such a requirement 
if he determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted 
due to lack of appropriation unless the President shall have 
specifically requested such appropriation as a part of the 
budgetary process and the Congress shall have failed to 
make available such requested appropriation. Any exemp-
tion shall be for a period not in excess of one year, but 
additional exemptions may be granted for periods not to 
exceed one year upon the President’s making a new deter-
mination. The President shall report each January to the 
Congress all exemptions from the requirements of this sec-
602 
tion granted during the preceding calendar year, together 
with his reason for granting each such exemption. 
‘‘(b) REVIEW OF AND REPORT ON FEDERAL UNDER-
GROUND STORAGE TANKS.— 
‘‘(1) REVIEW.—Not later than 12 months after 
the date of enactment of the Underground Storage 
Tank Compliance Act of 2005, each Federal agency 
that owns or operates 1 or more underground storage 
tanks, or that manages land on which 1 or more un-
derground storage tanks are located, shall submit to 
the Administrator, the Committee on Energy and 
Commerce of the United States House of Representa-
tives, and the Committee on the Environment and 
Public Works of the United States Senate a compli-
ance strategy report that— 
‘‘(A) lists the location and owner of each 
underground storage tank described in this para-
graph; 
‘‘(B) lists all tanks that are not in compli-
ance with this subtitle that are owned or oper-
ated by the Federal agency; 
‘‘(C) specifies the date of the last inspection 
by a State or Federal inspector of each under-
ground storage tank owned or operated by the 
agency;
603 
‘‘(D) lists each violation of this subtitle re-
specting any underground storage tank owned or 
operated by the agency; 
‘‘(E) describes the operator training that 
has been provided to the operator and other per-
sons having primary daily on-site management 
responsibility for the operation and maintenance 
of underground storage tanks owned or operated 
by the agency; and 
‘‘(F) describes the actions that have been 
and will be taken to ensure compliance for each 
underground storage tank identified under sub-
paragraph (B). 
‘‘(2) NOT A SAFE HARBOR.—This subsection does 
not relieve any person from any obligation or require-
ment under this subtitle.’’. 
SEC. 1529. TANKS ON TRIBAL LANDS. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
the following at the end thereof: 
‘‘SEC. 9013. TANKS ON TRIBAL LANDS. 
‘‘(a) STRATEGY.—The Administrator, in coordination 
with Indian tribes, shall, not later than 1 year after the 
date of enactment of this section, develop and implement 
a strategy—
604 
‘‘(1) giving priority to releases that present the 
greatest threat to human health or the environment, 
to take necessary corrective action in response to re-
leases from leaking underground storage tanks located 
wholly within the boundaries of— 
‘‘(A) an Indian reservation; or 
‘‘(B) any other area under the jurisdiction 
of an Indian tribe; and 
‘‘(2) to implement and enforce requirements con-
cerning underground storage tanks located wholly 
within the boundaries of— 
‘‘(A) an Indian reservation; or 
‘‘(B) any other area under the jurisdiction 
of an Indian tribe. 
‘‘(b) REPORT.—Not later than 2 years after the date 
of enactment of this section, the Administrator shall submit 
to Congress a report that summarizes the status of imple-
mentation and enforcement of this subtitle in areas located 
wholly within— 
‘‘(1) the boundaries of Indian reservations; and 
‘‘(2) any other areas under the jurisdiction of an 
Indian tribe. 
The Administrator shall make the report under this sub-
section available to the public.
605 
‘‘(c) NOT A SAFE HARBOR.—This section does not re-
lieve any person from any obligation or requirement under 
this subtitle. 
‘‘(d) STATE AUTHORITY.—Nothing in this section ap-
plies to any underground storage tank that is located in 
an area under the jurisdiction of a State, or that is subject 
to regulation by a State, as of the date of enactment of this 
section.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new item 
at the end thereof: 
‘‘Sec. 9013. Tanks on Tribal lands.’’. 
SEC. 1530. ADDITIONAL MEASURES TO PROTECT GROUND-
WATER. 
(a) IN GENERAL.—Section 9003 of the Solid Waste 
Disposal Act (42 U.S.C. 6991b) is amended by adding the 
following new subsection at the end: 
‘‘(i) ADDITIONAL MEASURES TO PROTECT GROUND-
WATER FROM CONTAIMINATION.—The Administrator shall 
require each State that receives funding under this subtitle 
to require one of the following: 
‘‘(1) TANK
AND
PIPING
SECONDARY
CONTAIN-
MENT.—(A) Each new underground storage tank, or 
piping connected to any such new tank, installed 
after the effective date of this subsection, or any exist-
ing underground storage tank, or existing piping con-
606 
nected to such existing tank, that is replaced after the 
effective date of this subsection, shall be secondarily 
contained and monitored for leaks if the new or re-
placed underground storage tank or piping is within 
1,000 feet of any existing community water system or 
any existing potable drinking water well. 
‘‘(B) In the case of a new underground storage 
tank system consisting of one or more underground 
storage tanks and connected by piping, subparagraph 
(A) shall apply to all underground storage tanks and 
connected pipes comprising such system. 
‘‘(C) In the case of a replacement of an existing 
underground storage tank or existing piping con-
nected to the underground storage tank, subparagraph 
(A) shall apply only to the specific underground stor-
age tank or piping being replaced, not to other under-
ground storage tanks and connected pipes comprising 
such system. 
‘‘(D) Each installation of a new motor fuel dis-
penser system, after the effective date of this sub-
section, shall include under-dispenser spill contain-
ment if the new dispenser is within 1,000 feet of any 
existing community water system or any existing po-
table drinking water well.
607 
‘‘(E) This paragraph shall not apply to repairs 
to an underground storage tank, piping, or dispenser 
that are meant to restore a tank, pipe, or dispenser 
to operating condition 
‘‘(F) As used in this subsection: 
‘‘(i) The term ‘secondarily contained’ means 
a release detection and prevention system that 
meets the requirements of 40 CFR 280.43(g), but 
shall not include under-dispenser spill contain-
ment or control systems. 
‘‘(ii) The term ‘underground storage tank’ 
has the meaning given to it in section 9001, ex-
cept that such term does not include tank com-
binations or more than a single underground 
pipe connected to a tank. 
‘‘(iii) The term ‘installation of a new motor 
fuel dispenser system’ means the installation of 
a new motor fuel dispenser and the equipment 
necessary to connect the dispenser to the under-
ground storage tank system, but does not mean 
the installation of a motor fuel dispenser in-
stalled separately from the equipment need to 
connect the dispenser to the underground storage 
tank system.
608 
‘‘(G) The Administrator may issue regulations 
or guidelines implementing the requirements of this 
subsection. 
‘‘(2) EVIDENCE OF FINANCIAL RESPONSIBILITY 
AND CERTIFICATION.— 
‘‘(A) MANUFACTURER AND INSTALLER FI-
NANCIAL RESPONSIBILITY.—A person that manu-
factures an underground storage tank or piping 
for an underground storage tank system or that 
installs an underground storage tank system is 
required to maintain evidence of financial re-
sponsibility under section 9003(d) in order to 
provide for the costs of corrective actions directly 
related to releases caused by improper manufac-
ture or installation unless the person can dem-
onstrate themselves to be already covered as an 
owner or operator of an underground storage 
tank under section 9003. 
‘‘(B) INSTALLER CERTIFICATION.—The Ad-
ministrator and each State that receives funding 
under this subtitle, as appropriate, shall require 
that a person that installs an underground stor-
age tank system is— 
‘‘(i) certified or licensed by the tank 
and piping manufacturer;
609 
‘‘(ii) certified or licensed by the Ad-
ministrator or a State, as appropriate; 
‘‘(iii) has their underground storage 
tank system installation certified by a reg-
istered professional engineer with education 
and experience in underground storage tank 
system installation; 
‘‘(iv) has had their installation of the 
underground storage tank inspected and ap-
proved by the Administrator or the State, 
as appropriate; 
‘‘(v) compliant with a code of practice 
developed by a nationally recognized asso-
ciation of independent testing laboratory 
and in accordance with the manufacturers 
instructions; or 
‘‘(vi) compliant with another method 
that is determined by the Administrator or 
a State, as appropriate, to be no less protec-
tive of human health and the environ-
ment.’’. 
(b) EFFECTIVE DATE.—This subsection shall take ef-
fect 18 months after the date of enactment of this subsection 
(c) PROMULGATION
OF REGULATIONS
OR GUIDE-
LINES.—The Administrator shall issue regulations or
610 
guidelines implementing the requirements of this subsection, 
including guidance to differentiate between the terms ‘‘re-
pair’’ and ‘‘replace’’ for the purposes of section 9003(i)(1) 
of the Solid Waste Disposal Act. 
(d) PENALTIES.—Section 9006(d)(2) of such Act (42 
U.S.C. 6991e(d)(2)) is amended by adding the following 
new subparagraph after subparagraph (C): 
‘‘(D) the requirements establishd in section 
9003(i),’’. 
SEC. 1531. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subtitle I of the Solid Waste Dis-
posal Act (42 U.S.C. 6991 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ad-
ministrator the following amounts: 
‘‘(1) To carry out subtitle I (except sections 
9003(h), 9005(c), 9011 and 9012) $50,000,000 for 
each of fiscal years 2005 through 2009. 
‘‘(2) From the Trust Fund, notwithstanding sec-
tion 9508(c)(1) of the Internal Revenue Code of 1986: 
‘‘(A) to carry out section 9003(h) (except 
section 9003(h)(12)) $200,000,000 for each of fis-
cal years 2005 through 2009;
611 
‘‘(B) to carry out section 9003(h)(12), 
$200,000,000 for each of fiscal years 2005 
through 2009; 
‘‘(C) to carry out sections 9004(f) and 
9005(c) $100,000,000 for each of fiscal years 
2005 through 2009; and 
‘‘(D) to carry out sections 9011 and 9012 
$55,000,000 for each of fiscal years 2005 through 
2009.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such subtitle I is amended by adding the following new item 
at the end thereof: 
‘‘Sec. 9014. Authorization of appropriations.’’. 
SEC. 1532. CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 9001 of the Solid Waste 
Disposal Act (42 U.S.C. 6991) is amended as follows: 
(1) By striking ‘‘For the purposes of this sub-
title—’’ and inserting ‘‘In this subtitle:’’. 
(2) By redesignating paragraphs (1), (2), (3), 
(4), (5), (6), (7), and (8) as paragraphs (10), (7), (4), 
(3), (8), (5), (2), and (6), respectively. 
(3) By inserting before paragraph (2) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing: 
‘‘(1) INDIAN TRIBE.—
612 
‘‘(A) IN GENERAL.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other 
organized group or community that is recognized 
as being eligible for special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians. 
‘‘(B) INCLUSIONS.—The term ‘Indian tribe’ 
includes an Alaska Native village, as defined in 
or established under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.).’’. 
(4) By inserting after paragraph (8) (as redesig-
nated by paragraph (2) of this subsection) the fol-
lowing: 
‘‘(9) TRUST
FUND.—The term ‘Trust Fund’ 
means the Leaking Underground Storage Tank Trust 
Fund established by section 9508 of the Internal Rev-
enue Code of 1986.’’. 
(b) CONFORMING AMENDMENTS.—The Solid Waste 
Disposal Act (42 U.S.C. 6901 and following) is amended 
as follows: 
(1) Section 9003(f) (42 U.S.C. 6991b(f)) is 
amended— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and
613 
(B) in paragraphs (2) and (3), by striking 
‘‘9001(2)(A)’’ each place it appears and insert-
ing ‘‘9001(7)(A)’’. 
(2) Section 9003(h) (42 U.S.C. 6991b(h)) is 
amended in paragraphs (1), (2)(C), (7)(A), and (11) 
by striking ‘‘Leaking Underground Storage Tank 
Trust Fund’’ each place it appears and inserting 
‘‘Trust Fund’’. 
(3) Section 9009 (42 U.S.C. 6991h) is amend-
ed— 
(A) 
in 
subsection 
(a), 
by 
striking 
‘‘9001(2)(B)’’ and inserting ‘‘9001(7)(B)’’; and 
(B) in subsection (d), by striking ‘‘section 
9001(1) (A) and (B)’’ and inserting ‘‘subpara-
graphs (A) and (B) of section 9001(10)’’. 
SEC. 1533. TECHNICAL AMENDMENTS. 
The Solid Waste Disposal Act is amended as follows: 
(1) Section 9001(4)(A) (42 U.S.C. 6991(4)(A)) is 
amended by striking ‘‘sustances’’ and inserting ‘‘sub-
stances’’. 
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is 
amended by striking ‘‘subsection (c) and (d) of this 
section’’ and inserting ‘‘subsections (c) and (d)’’. 
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is 
amended by striking ‘‘in 9001(2) (A) or (B) or both’’
614 
and inserting ‘‘in subparagraph (A) or (B) of section 
9001(7)’’. 
(4) Section 9005 (42 U.S.C. 6991d) is amend-
ed— 
(A) in subsection (a), by striking ‘‘study 
taking’’ and inserting ‘‘study, taking’’; 
(B) in subsection (b)(1), by striking 
‘‘relevent’’ and inserting ‘‘relevant’’; and 
(C) in subsection (b)(4), by striking 
‘‘Evironmental’’ and inserting ‘‘Environmental’’. 
Subtitle C—Boutique Fuels 
SEC. 1541. REDUCING THE PROLIFERATION OF BOUTIQUE 
FUELS. 
(a) TEMPORARY WAIVERS DURING SUPPLY EMER-
GENCIES.—Section 211(c)(4)(C) of the Clean Air Act (42 
U.S.C. 7545(c)(4)(C)) is amended by inserting ‘‘(i)’’ after 
‘‘(C)’’ and by adding the following new clauses at the end 
thereof: 
‘‘(ii) The Administrator may temporarily waive a con-
trol or prohibition respecting the use of a fuel or fuel addi-
tive required or regulated by the Administrator pursuant 
to subsection (c), (h), (i), (k), or (m) of this section or pre-
scribed in an applicable implementation plan under section 
110 approved by the Administrator under clause (i) of this 
subparagraph if, after consultation with, and concurrence
615 
by, the Secretary of Energy, the Administrator determines 
that— 
‘‘(I) extreme and unusual fuel or fuel additive 
supply circumstances exist in a State or region of the 
Nation which prevent the distribution of an adequate 
supply of the fuel or fuel additive to consumers; 
‘‘(II) such extreme and unusual fuel and fuel ad-
ditive supply circumstances are the result of a nat-
ural disaster, an Act of God, a pipeline or refinery 
equipment failure, or another event that could not 
reasonably have been foreseen or prevented and not 
the lack of prudent planning on the part of the sup-
pliers of the fuel or fuel additive to such State or re-
gion; and 
‘‘(III) it is in the public interest to grant the 
waiver (for example, when a waiver is necessary to 
meet projected temporary shortfalls in the supply of 
the fuel or fuel additive in a State or region of the 
Nation which cannot otherwise be compensated for). 
‘‘(iii) If the Administrator makes the determinations 
required under clause (ii), such a temporary extreme and 
unusual fuel and fuel additive supply circumstances waiver 
shall be permitted only if—
616 
‘‘(I) the waiver applies to the smallest geographic 
area necessary to address the extreme and unusual 
fuel and fuel additive supply circumstances; 
‘‘(II) the waiver is effective for a period of 20 
calendar days or, if the Administrator determines 
that a shorter waiver period is adequate, for the 
shortest practicable time period necessary to permit 
the correction of the extreme and unusual fuel and 
fuel additive supply circumstances and to mitigate 
impact on air quality; 
‘‘(III) the waiver permits a transitional period, 
the exact duration of which shall be determined by the 
Administrator, after the termination of the temporary 
waiver to permit wholesalers and retailers to blend 
down their wholesale and retail inventory; 
‘‘(IV) the waiver applies to all persons in the 
motor fuel distribution system; and 
‘‘(V) the Administrator has given public notice 
to all parties in the motor fuel distribution system, 
and local and State regulators, in the State or region 
to be covered by the waiver. 
The term ‘motor fuel distribution system’ as used in this 
clause shall be defined by the Administrator through rule-
making.
617 
‘‘(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 pur-
suant to this section or pursuant to a regulation pro-
mulgated pursuant to this section; and 
‘‘(II) subject any State or person to an enforce-
ment 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)), 
as amended by subsection (a), is further amended by adding 
at the end the following: 
‘‘(vi)(I) The Administrator shall have no authority, 
when considering a State implementation plan or a State 
implementation plan revision, to approve under this para-
graph any fuel included in such plan or revision if the effect 
of such approval increases the total number of fuels ap-
proved under this paragraph as of September 1, 2004, in 
all State implementation plans. 
‘‘(II) The Administrator, in consultation with the Sec-
retary of Energy, shall determine the total number of fuels
618 
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 Adminis-
tration 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 published under subclause (II) if a fuel ceases to be in-
cluded 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 Ad-
ministrator shall not reduce the total number of fuels au-
thorized 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 implementa-
tion plan or revision to a State implementation plan if such 
new fuel: 
‘‘(aa) completely replaces a fuel on the list pub-
lished under subclause (II); or 
‘‘(bb) does not increase the total number of fuels 
on the list published under subclause (II) as of Sep-
tember 1, 2004. 
In the event that the total number of fuels on the list pub-
lished under subclause (II) at the time of the Administra-
619 
tor’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 ap-
prove a control or prohibition respecting a new fuel under 
this subclause if the Administrator, after consultation with 
the Secretary of Energy, publishes in the Federal Register 
after notice and comment a finding that, in the Adminis-
trator’s judgment, such control or prohibition respecting a 
new fuel will not cause fuel supply or distribution interrup-
tions or have a significant 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 plan or a revision to that State’s imple-
mentation 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 Adminis-
trator may approve as part of a State implementation plan 
or State implementation plan revision a fuel with a sum-
mertime 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 sub-
clause (II).
620 
‘‘(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 subsection (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 
of Energy shall undertake a study of the effects on air 
quality, on the number of fuel blends, on fuel avail-
ability, 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 deter-
mine how to develop a Federal fuels system that 
maximizes motor fuel fungibility and supply, pre-
serves air quality standards, and reduces motor fuel 
price volatility that results from the proliferation of 
boutique fuels, and to recommend to Congress such 
legislative changes as are necessary to implement such 
a system. The study should include the impacts on
621 
overall energy supply, distribution, and use as a re-
sult of the legislative changes recommended. 
(3) 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 im-
pact assessment portion of the study. The Adminis-
trator shall use sound and objective science practices, 
shall consider the best available science, and shall 
consider and include a description of the weight of the 
scientific evidence. 
(4) RESPONSIBILITY
OF
SECRETARY.—In car-
rying out the study required by this section, the Sec-
retary shall coordinate obtaining comments from af-
fected parties interested in the fuel availability, num-
ber of fuel blends, fuel fungibility and fuel costs por-
tion of the study. 
(5) REPORT TO CONGRESS.—The Administrator 
and the Secretary 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 rec-
ommended regulatory and legislative changes. Such 
report shall be submitted to the Committee on Energy 
and Commerce of the House of Representatives and
622 
the Committee on Environment and Public Works of 
the Senate. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated jointly to the 
Administrator and the Secretary $500,000 for the 
completion of the study required under this sub-
section. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Administrator’’ means the Admin-
istrator of the Environmental Protection Agency. 
(2) The term ‘‘Secretary’’ means the Secretary of 
Energy. 
(3) The term ‘‘fuel’’ means gasoline, diesel fuel, 
and any other liquid petroleum product commercially 
known as gasoline and diesel fuel for use in highway 
and nonroad motor vehicles. 
(4) The term ‘‘a control or prohibition respecting 
a new fuel’’ means a control or prohibition on the for-
mulation, composition, or emissions characteristics of 
a fuel that would require the increase or decrease of 
a constituent in gasoline or diesel fuel.
623 
TITLE XVI—STUDIES 
SEC. 1601. STUDY ON INVENTORY OF PETROLEUM AND NAT-
URAL GAS STORAGE. 
(a) DEFINITION.—For purposes of this section ‘‘petro-
leum’’ means crude oil, motor gasoline, jet fuel, distillates, 
and propane. 
(b) STUDY.—The Secretary of Energy shall conduct a 
study on petroleum and natural gas storage capacity and 
operational inventory levels, nationwide and by major geo-
graphical regions. 
(c) CONTENTS.—The study shall address— 
(1) historical normal ranges for petroleum and 
natural gas inventory levels; 
(2) historical and projected storage capacity 
trends; 
(3) estimated operation inventory levels below 
which outages, delivery slowdown, rationing, inter-
ruptions in service, or other indicators of shortage 
begin to appear; 
(4) explanations for inventory levels dropping 
below normal ranges; and 
(5) the ability of industry to meet United States 
demand for petroleum and natural gas without short-
ages or price spikes, when inventory levels are below 
normal ranges.
624 
(d) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Secretary of En-
ergy shall submit a report to Congress on the results of the 
study, including findings and any recommendations for 
preventing future supply shortages. 
SEC. 1605. STUDY OF ENERGY EFFICIENCY STANDARDS. 
The Secretary of Energy shall contract with the Na-
tional Academy of Sciences for a study, to be completed 
within 1 year after the date of enactment of this Act, to 
examine whether the goals of energy efficiency standards are 
best served by measurement of energy consumed, and effi-
ciency improvements, at the actual site of energy consump-
tion, or through the full fuel cycle, beginning at the source 
of energy production. The Secretary shall submit the report 
to Congress. 
SEC. 1606. TELECOMMUTING STUDY. 
(a) STUDY REQUIRED.—The Secretary, in consulta-
tion with the Commission, the Director of the Office of Per-
sonnel Management, the Administrator of General Services, 
and the Administrator of NTIA, shall conduct a study of 
the energy conservation implications of the widespread 
adoption of telecommuting by Federal employees in the 
United States. 
(b) REQUIRED SUBJECTS OF STUDY.—The study re-
quired by subsection (a) shall analyze the following subjects
625 
in relation to the energy saving potential of telecommuting 
by Federal employees: 
(1) Reductions of energy use and energy costs in 
commuting and regular office heating, cooling, and 
other operations. 
(2) Other energy reductions accomplished by tele-
commuting. 
(3) Existing regulatory barriers that hamper 
telecommuting, including barriers to broadband tele-
communications services deployment. 
(4) Collateral benefits to the environment, family 
life, and other values. 
(c) REPORT REQUIRED.—The Secretary shall submit 
to the President and Congress a report on the study required 
by this section not later than 6 months after the date of 
enactment of this Act. Such report shall include a descrip-
tion of the results of the analysis of each of the subject de-
scribed in subsection (b). 
(d) DEFINITIONS.—As used in this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(2) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission.
626 
(3) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration of the Department of Commerce. 
(4) 
TELECOMMUTING.—The 
term 
‘‘telecom-
muting’’ means the performance of work functions 
using communications technologies, thereby elimi-
nating or substantially reducing the need to commute 
to and from traditional worksites. 
(5) FEDERAL
EMPLOYEE.—The term ‘‘Federal 
employee’’ has the meaning provided the term ‘‘em-
ployee’’ by section 2105 of title 5, United States Code. 
SEC. 1607. LIHEAP REPORT. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services shall 
transmit to Congress a report on how the Low-Income 
Home Energy Assistance Program could be used more effec-
tively to prevent loss of life from extreme temperatures. In 
preparing such report, the Secretary shall consult with ap-
propriate officials in all 50 States and the District of Co-
lumbia. 
SEC. 1608. OIL BYPASS FILTRATION TECHNOLOGY. 
The Secretary of Energy and the Administrator of the 
Environmental Protection Agency shall—
627 
(1) conduct a joint study of the benefits of oil by-
pass filtration technology in reducing demand for oil 
and protecting the environment; 
(2) examine the feasibility of using oil bypass 
filtration technology in Federal motor vehicle fleets; 
and 
(3) include in such study, prior to any deter-
mination of the feasibility of using oil bypass filtra-
tion technology, the evaluation of products and var-
ious manufacturers. 
SEC. 1609. TOTAL INTEGRATED THERMAL SYSTEMS. 
The Secretary of Energy shall— 
(1) conduct a study of the benefits of total inte-
grated thermal systems in reducing demand for oil 
and protecting the environment; and 
(2) examine the feasibility of using total inte-
grated thermal systems in Department of Defense and 
other Federal motor vehicle fleets. 
SEC. 1610. UNIVERSITY COLLABORATION. 
Not later than 2 years after the date of enactment of 
this Act, the Secretary of Energy shall transmit to Congress 
a report that examines the feasibility of promoting collabo-
rations between large institutions of higher education and 
small institutions of higher education through grants, con-
tracts, and cooperative agreements made by the Secretary
628 
for energy projects. The Secretary shall also consider pro-
viding incentives for the inclusion of small institutions of 
higher education, including minority-serving institutions, 
in energy research grants, contracts, and cooperative agree-
ments. 
SEC. 1611. RELIABILITY AND CONSUMER PROTECTION AS-
SESSMENT. 
Not later than 5 years after the date of enactment of 
this Act, and each 5 years thereafter, the Federal Energy 
Regulatory Commission shall assess the effects of the exemp-
tion of electric cooperatives and government-owned utilities 
from Commission regulation under section 201(f) of the 
Federal Power Act. The assessment shall include any effects 
on— 
(1) reliability of interstate electric transmission 
networks; 
(2) benefit to consumers, and efficiency, of com-
petitive wholesale electricity markets; 
(3) just and reasonable rates for electricity con-
sumers; and 
(4) the ability of the Commission to protect elec-
tricity consumers. 
If the Commission finds that the 201(f) exemption results 
in adverse effects on consumers or electric reliability, the
629 
Commission shall make appropriate recommendations to 
Congress pursuant to section 311 of the Federal Power Act. 
SEC. 1612. REPORT ON ENERGY INTEGRATION WITH LATIN 
AMERICA. 
The Secretary of Energy shall submit an annual re-
port to the Committee on Energy and Commerce of the 
United States House of Representatives and to the Com-
mittee on Energy and Natural Resources of the United 
States Senate concerning the status of energy export devel-
opment in Latin America and efforts by the Secretary and 
other departments and agencies of the United States to pro-
mote energy integration with Latin America. The report 
shall contain a detailed analysis of the status of energy ex-
port development in Mexico and a description of all signifi-
cant efforts by the Secretary and other departments and 
agencies to promote a constructive relationship with Mexico 
regarding the development of that nation’s energy capacity. 
In particular this report shall outline efforts the Secretary 
and other departments and agencies have made to ensure 
that regulatory approval and oversight of United States/ 
Mexico border projects that result in the expansion of Mexi-
can energy capacity are effectively coordinated across de-
partments and with the Mexican government.
630 
SEC. 1613. LOW-VOLUME GAS RESERVOIR STUDY. 
(a) STUDY.—The Secretary of Energy shall make a 
grant to an organization of oil and gas producing States, 
specifically those containing significant numbers of mar-
ginal oil and natural gas wells, for conducting an annual 
study of low-volume natural gas reservoirs. Such organiza-
tion shall work with the State geologist of each State being 
studied. 
(b) CONTENTS.—The studies under this section shall— 
(1) determine the status and location of mar-
ginal wells and gas reservoirs; 
(2) gather the production information of these 
marginal wells and reservoirs; 
(3) estimate the remaining producible reserves 
based on variable pipeline pressures; 
(4) locate low-pressure gathering facilities and 
pipelines; 
(5) recommend incentives which will enable the 
continued production of these resources; 
(6) produce maps and literature to disseminate 
to States to promote conservation of natural gas re-
serves; and 
(7) evaluate the amount of natural gas that is 
being wasted through the practice of venting or flar-
ing of natural gas produced in association with crude 
oil well production.