I
107TH CONGRESS
1ST SESSION
H. R. 2249
To amend section 211 of the Clean Air Act to require a more uniform
formula for gasoline and diesel fuel so that gasoline and diesel fuel
manufactured for one region of the country may be transported to
and sold in other regions of the country, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 20, 2001
Mr. BLUNT (for himself, Mr. RUSH, Mr. HASTERT, Mr. SHIMKUS, Mr.
TERRY, Mr. LEWIS
of Kentucky, Mr. ROGERS
of Michigan, Mr.
COSTELLO, Mr. OSBORNE, Mr. BEREUTER, Mr. LIPINSKI, Mrs. EMER-
SON, Mr. LATHAM, Mr. BOSWELL, Mr. JOHNSON of Illinois, Mr.
LAHOOD, Mr. HULSHOF, Mr. KIRK, Mr. BARCIA, Mr. PETERSON of Min-
nesota, and Mrs. NORTHUP) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce
A BILL
To amend section 211 of the Clean Air Act to require a
more uniform formula for gasoline and diesel fuel so
that gasoline and diesel fuel manufactured for one region
of the country may be transported to and sold in other
regions of the country, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gasoline Access and
Stabilization Act of 2001’’.
SEC. 2. NATIONAL REQUIREMENT FOR REFORMULATED
AND OXYGENATED GASOLINE.
(a) REFORMULATED GASOLINE.—(1) Section 211 of
the Clean Air Act (42 U.S.C. 7545) is amended by adding
the following new subsection at the end thereof:
‘‘(p) PHASE III UNIFORM FORMULA FOR REFORMU-
LATED AND OXYGENATED GASOLINE.—
‘‘(1) NATIONAL
FORMULA.—After notice and
opportunity for hearing, the Administrator shall pro-
mulgate regulations for reformulated gasoline and
oxygenated gasoline sold for use in all States. The
regulations shall require such gasoline to comply
with a national formula promulgated by the Admin-
istrator that meets the requirements of both sub-
sections (k) and (m). The regulations shall prohibit
any manufacturer of reformulated gasoline or
oxygenated gasoline from selling, offering for sale, or
introducing into commerce in any State any gasoline
for purposes of compliance with the requirements of
subsection (k) or (m) unless the gasoline complies
with such national formula.
‘‘(2) OXYGENATE REQUIREMENT.—The formula
under paragraph (1) shall include provisions regard-
ing the oxygen content of such gasoline which shall
require that a single type of oxygenate be used. Such
formula shall insure that the oxygen content shall
equal or exceed the following:
‘‘(A) WINTER OXYGEN LEVELS.—2.7 per-
cent by weight (subject to a testing tolerance
established by the Administrator) in portions of
the year in which any area referred to in sub-
section (m) is prone to high ambient concentra-
tions of carbon monoxide.
‘‘(B) SUMMER OXYGENATE LEVELS.—2.0
percent by weight (subject to a testing tolerance
established by the Administrator) in portions of
the year in which any area referred to in sub-
section (m) is not prone to high ambient con-
centrations of carbon monoxide.
‘‘(3) FACTORS TO BE CONSIDERED.—In estab-
lishing the national formula under this subsection,
the Administrator shall take into account the tox-
icity of various alternatives, the effects of various
fuel additives on water quality, crude oil supply, and
such other factors as the Administrator determines
appropriate.
‘‘(4) ALTERNATIVE.—The reformulated gaso-
line approved by the Administrator for a State re-
ferred to in subsection (c)(4)(B) shall be treated, for
any State, as satisfying the requirements of this
subsection.
‘‘(4) STATE
OPT-IN
TO
NATIONAL
REFORMU-
LATED
GAS
PROGRAM
OR CALIFORNIA
REFORMU-
LATED GAS PROGRAM.—The Governor of any State
may elect to have any area within the State, or the
entire State, be treated as a covered area for pur-
poses of subsection (k) by notifying the Adminis-
trator of such State’s election. An election provided
for in this subsection shall not be subject to any of
the requirements or limitations set forth in para-
graph (6) of subsection (k). Such election shall take
effect at such time as the State determines in its no-
tice to the Administrator.
‘‘(5) EFFECTIVE DATE.—The regulations pro-
mulgated under paragraph (1) of this subsection
shall take effect with respect to all reformulated gas-
oline and oxygenated gasoline sold, offered for sale,
or introduced into commerce after the date 4 years
after the promulgation of such regulations.’’.
(2) The Administrator shall commence a rulemaking
proceeding under this section 211(p) of the Clean Air Act
(as added by paragraph (1) of this subsection) promptly
after the enactment of this Act.
(b) OTHER STATE AND LOCAL VARIATIONS IN GASO-
LINE PROHIBITED.—(1) Subparagraph (C) of subsection
(c)(4) of such Act is amended by adding the following at
the end thereof: ‘‘This subparagraph shall not apply to
any 
gasoline 
(including 
reformulated 
gasoline 
or
oxygenated gasoline) offered for sale, or introduced into
commerce after December 31, 2004, and after such date,
no State, or political subdivision thereof, (other than the
State of California pursuant to subsection (c)(4)(B) or an-
other State exercising the right to opt in to California’s
reformulated gas standards pursuant to subsection (p)(4))
may prescribe or attempt to enforce any control or prohi-
bition regarding the characteristics or components (includ-
ing the chemical composition or emission characteristics)
of gasoline, or any additive to gasoline, that is not iden-
tical to such regulations.’’.
(2) Section 211(c)(4)(A) of such Act is amended by
inserting after ‘‘for purposes of motor vehicle emission
control’’ the phrase ‘‘or for any other purpose’’.
(3) Not later than 9 months prior to the effective
date of regulations under subsection (p) of section 211 of
the Clean Air Act, the Administrator of the Environmental
Protection Agency shall notify each State for which an
amendment of the applicable implementation plan under
the Clean Air Act will be necessary by reason of the