Title 42 — The Public Health and Welfare
Chapter 82 — Solid Waste Disposal
§ 6991. Definitions and exemptions
Statutory text
In this subchapter:
Indian tribe.—
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 services provided by the United States to Indians because of their status as Indians.
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.); and 1
The term “nonoperational storage tank” means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after .
The term “operator” means any person in control of, or having responsibility for, the daily operation of the underground storage tank.
The term “owner” means—
in the case of an underground storage tank in use on , or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances and
in the case of any underground storage tank in use before , but no longer in use on , any person who owned such tank immediately before the discontinuation of its use.
The term “person” has the same meaning as provided in section 6903(15) of this title, except that such term includes a consortium, a joint venture, and a commercial entity, and the United States Government.
The term “petroleum” means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
The term “regulated substance” means—
any substance defined in section 9601(14) of this title (but not including any substance regulated as a hazardous waste under subchapter III), and
petroleum.
The term “release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water or subsurface soils.
Trust fund.—
The term “Trust Fund” means the Leaking Underground Storage Tank Trust Fund established by section 9508 of title 26.
The term “underground storage tank” means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is 10 per centum or more beneath the surface of the ground. Such term does not include any—
farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes,
tank used for storing heating oil for consumptive use on the premises where stored,
septic tank,
pipeline facility (including gathering lines)—
which is regulated under chapter 601 of title 49, or
which is an intrastate pipeline facility regulated under State laws as provided in chapter 601 of title 49,
and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,
surface impoundment, pit, pond, or lagoon,
storm water or waste water collection system,
flow-through process tank,
liquid trap or associated gathering lines directly related to oil or gas production and gathering operations, or
storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.
The term “underground storage tank” shall not include any pipes connected to any tank which is described in subparagraphs (A) through (I).
Footnotes
- 1 So in original. The semicolon probably should be a period and the word “and” probably should not appear.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–272 title II § 9001 · 79 Stat. 992
Enacted · 42 U.S.C. § 6991
Pub. L. 89–272, title II, § 9001, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3277
Source evidence
Code source credit
Pub. L. 89–272, title II, § 9001, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3277Pub. L. 99–499 title II § 205(a) · 100 Stat. 1696
Struck · 42 U.S.C. § 6991(2)(B)
Pub. L. 99–499 struck out “, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute)”. See par. (8)
Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (2)(B). Pub. L. 99–499 struck out “, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute)”. See par. (8).Pub. L. 99–499 title II § 205(a) · 100 Stat. 1696
Added · 42 U.S.C. § 6991(8)
Pub. L. 99–499 added par. (8)
Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (8). Pub. L. 99–499 added par. (8).Pub. L. 102–508 title III § 302 · 106 Stat. 3289
Amended · 42 U.S.C. § 6991(1)(D)
Pub. L. 102–508 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “pipeline facility (including gathering lines) regulated under—
Source evidence
Code amendment note
Par. (1)(D). Pub. L. 102–508 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “pipeline facility (including gathering lines) regulated under—“(i) the Natural Gas Pipeline Safety Act of 1968, “(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or “(iii) which is an intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in clause (i) or (ii) of this subparagraph,”.
Enacted provision · exact public law section
SEC. 302. UNDERGROUND STORAGE TANKS. Section 9001(1)(0) of the Solid Waste Disposal Act (42 U.S.C. 6991( 1)(D)) is amended to read as follows: “(D) pipeline facility (including gathering lines)— “(i) which is regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671 et seq.), “(ii) which is regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001 et seq.), or “(iii) which is an intrastate pipeline facility regulated under State laws as provided in the provisions of law referred to in clause (i) or (ii) of this subparagraph, and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,”.Pub. L. 103–429 § 7(d) · 108 Stat. 4377
Amended · 42 U.S.C. § 6991(1)(D)
Pub. L. 103–429 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “pipeline facility (including gathering lines)—
Source evidence
Code amendment note
Par. (1)(D). Pub. L. 103–429 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “pipeline facility (including gathering lines)—“(i) which is regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671 et seq.), “(ii) which is regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001 et seq.), or “(iii) which is an intrastate pipeline facility regulated under State laws as provided in the provisions of law referred to in clause (i) or (ii) of this subparagraph, and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,”.
Enacted provision · exact public law section
(d) Section 9001(1)(D) of the Solid Waste Disposal Act (42 U.S.C 6991(1)(D)) is amended to read as follows: “(D) pipeline facility (including gathering lines)— “(i) which is regulated under chapter 601 of title 49, United States Code, or “(ii) which is an intrastate pipeline facility regulated under State laws as provided in chapter 601 of title 49, United States Code, “and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,”Energy Policy Act of 2005
Pub. L. 109–58 title XV · 119 Stat. 594
Substituted · 42 U.S.C. § 6991
Pub. L. 109–58 substituted “In this subchapter:” for “For the purposes of this subchapter—” in introductory provisions
Added · 42 U.S.C. § 6991
Pub. L. 109–58 added pars. (1) and (9)
Redesignated · 42 U.S.C. § 6991
Pub. L. 109–58 redesignated former pars. (1) to (8) as pars. (10), (7), (4), (3), (8), (5), (2), and (6), respectively, and, in par. (4)(A)
Substituted · 42 U.S.C. § 6991
Pub. L. 109–58 substituted “substances” for “sustances”
Source evidence
Code amendment note
Pub. L. 109–58 substituted “In this subchapter:” for “For the purposes of this subchapter—” in introductory provisions, added pars. (1) and (9), redesignated former pars. (1) to (8) as pars. (10), (7), (4), (3), (8), (5), (2), and (6), respectively, and, in par. (4)(A), substituted “substances” for “sustances”.Enacted provision · exact public law
TITLE XV— ETHANOL AND MOTOR FUELS Subtitle A— General Provisions SEC. 1501. RENEWABLE CONTENT OF GASOLINE. (a) In General.— Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended— (1) by redesignating subsection (o) as subsection (r); and (2) by inserting after subsection (n) the following: “(o) Renewable Fuel Program.— “(1) Definitions.— In this section: “(A) Cellulosic biomass ethanol.— The term ‘cellulosic biomass ethanol’ means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including— “(i) dedicated energy crops and trees; “(ii) wood and wood residues; “(iii) plants; “(iv) grasses; “(v) agricultural residues; “(vi) fibers; “(vii) animal wastes and other waste materials; and “(viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. “(B) Waste derived ethanol.— The term ‘waste derived ethanol’ means ethanol derived from— “(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or “(ii) municipal solid waste. “(C) Renewable fuel.— “(i) In general.— The term ‘renewable fuel’ means motor vehicle fuel that— “(I) (aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or “(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and “(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. “(ii) Inclusion.— The term ‘renewable fuel’ includes— “(I) cellulosic biomass ethanol and ‘waste derived ethanol’; and “(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). “(D) Small refinery.— The term ‘small refinery’ means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. “(2) Renewable fuel program.— “(A) Regulations.— “(i) In general.— Not Deadline. later than 1 year after the date of enactment of this paragraph, the Administrator shall promulgate regulations to ensure that gasoline sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renewable fuel determined in accordance with subparagraph (B). “(ii) Noncontiguous state opt-in.— “(I) In general.— On the petition of a noncontiguous State or territory, the Administrator may allow the renewable fuel program established under this subsection to apply in the noncontiguous State or territory at the same time or any time after the Administrator promulgates regulations under this subparagraph. “(II) Other actions.— In carrying out this clause, the Administrator may— “(aa) issue or revise regulations under this paragraph; “(bb) establish applicable percentages under paragraph (3); “(cc) provide for the generation of credits under paragraph (5); and “(dd) take such other actions as are necessary to allow for the application of the renewable fuels program in a noncontiguous State or territory. “(iii) Provisions of regulations.— Regardless of the date of promulgation, the regulations promulgated under clause (i)— “(I) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met; but “(II) shall not— “(aa) restrict geographic areas in which renewable fuel may be used; or “(bb) impose any per-gallon obligation for the use of renewable fuel. “(iv) Requirement in case of failure to promulgate regulations.— If the Administrator does not promulgate regulations under clause (i), the percentage of renewable fuel in gasoline sold or dispensed to consumers in the United States, on a volume basis, shall be 2.78 percent for calendar year 2006. “(B) Applicable volume.— “(i) Calendar years 2006 through 2012.— For the purpose of subparagraph (A), the applicable volume for any of calendar years 2006 through 2012 shall be determined in accordance with the following table: “Calendar year: Applicable volume of renewable fuel (in billions of gallons): 2006 4.0 2007 4.7 2008 5.4 2009 6.1 2010 6.8 2011 7.4 2012 7.5. “(ii) Calendar year 2013 and thereafter.— Subject to clauses (iii) and (iv), for the purposes of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be determined by the Administrator, in coordination with the Secretary of Agriculture and the Secretary of Energy, based on a review of the implementation of the program during calendar years 2006 through 2012, including a review of— “(I) the impact of the use of renewable fuels on the environment, air quality, energy security, job creation, and rural economic development; and “(II) the expected annual rate of future production of renewable fuels, including cellulosic ethanol. “(iii) Minimum quantity derived from cellulosic biomass.— For calendar year 2013 and each calendar year thereafter— “(I) the applicable volume referred to in clause (ii) shall contain a minimum of 250,000,000 gallons that are derived from cellulosic biomass; and “(II) the 2.5-to-1 ratio referred to in paragraph (4) shall not apply. “(iv) Minimum applicable volume.— For the purpose of subparagraph (A), the applicable volume for calendar year 2013 and each calendar year thereafter shall be equal to the product obtained by multiplying— “(I) the number of gallons of gasoline that the Administrator estimates will be sold or introduced into commerce in the calendar year; and “(II) the ratio that— “(aa) 7,500,000,000 gallons of renewable fuel; bears to “(bb) the number of gallons of gasoline sold or introduced into commerce in calendar year 2012. “(3) Applicable percentages.— “(A) Provision of estimate of volumes of gasoline sales.— Not later than October 31 of each of calendar years 2005 through 2011, the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate, with respect to the following calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States. “(B) Determination of applicable percentages.— “(i) In general.— Not later than November 30 of each of calendar years 2005 through 2012, based on the estimate provided under subparagraph (A), the Administrator of the Environmental Protection Agency shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements of paragraph (2) are met. “(ii) Required elements.— The renewable fuel obligation determined for a calendar year under clause (i) shall— “(I) be applicable to refineries, blenders, and importers, as appropriate; “(II) be expressed in terms of a volume percentage of gasoline sold or introduced into commerce in the United States; and “(III) subject to subparagraph (C)(i), consist of a single applicable percentage that applies to all categories of persons specified in subclause (I). “(C) Adjustments.— In determining the applicable percentage for a calendar year, the Administrator shall make adjustments— “(i) to prevent the imposition of redundant obligations on any person specified in subparagraph (B)(ii)(I); and “(ii) to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under paragraph (9). “(4) Cellulosic biomass ethanol or waste derived ethanol.— For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel. “(5) Credit program.— “(A) In general.— The regulations promulgated under paragraph (2)(A) shall provide— “(i) for the generation of an appropriate amount of credits by any person that refines, blends, or imports gasoline that contains a quantity of renewable fuel that is greater than the quantity required under paragraph (2); “(ii) for the generation of an appropriate amount of credits for biodiesel; and “(iii) for the generation of credits by small refineries in accordance with paragraph (9)(C). “(B) Use of credits.— A person that generates credits under subparagraph (A) may use the credits, or transfer all or a portion of the credits to another person, for the purpose of complying with paragraph (2). “(C) Duration of credits.— A credit generated under this paragraph shall be valid to show compliance for the 12 months as of the date of generation. “(D) Inability to generate or purchase sufficient credits.— The regulations promulgated under paragraph (2)(A) shall include provisions allowing any person that is unable to generate or purchase sufficient credits to meet the requirements of paragraph (2) to carry forward a renewable fuel deficit on condition that the person, in the calendar year following the year in which the renewable fuel deficit is created— “(i) achieves compliance with the renewable fuel requirement under paragraph (2); and “(ii) generates or purchases additional renewable fuel credits to offset the renewable fuel deficit of the previous year. “(6) Seasonal variations in renewable fuel use.— “(A) Study.— For each of calendar years 2006 through 2012, the Administrator of the Energy Information Administration shall conduct a study of renewable fuel blending to determine whether there are excessive seasonal variations in the use of renewable fuel. “(B) Regulation of excessive seasonal variations.— If, for any calendar year, the Administrator of the Energy Information Administration, based on the study under subparagraph (A), makes the determinations specified in subparagraph (C), the Administrator of the Environmental Protection Agency shall promulgate regulations to ensure that 25 percent or more of the quantity of renewable fuel necessary to meet the requirements of paragraph (2) is used during each of the 2 periods specified in subparagraph (D) of each subsequent calendar year. “(C) Determinations.— The determinations referred to in subparagraph (B) are that— “(i) less than 25 percent of the quantity of renewable fuel necessary to meet the requirements of paragraph (2) has been used during 1 of the 2 periods specified in subparagraph (D) of the calendar year; “(ii) a pattern of excessive seasonal variation described in clause (i) will continue in subsequent calendar years; and “(iii) promulgating regulations or other requirements to impose a 25 percent or more seasonal use of renewable fuels will not prevent or interfere with the attainment of national ambient air quality standards or significantly increase the price of motor fuels to the consumer. “(D) Periods.— The 2 periods referred to in this paragraph are— “(i) April through September; and “(ii) January through March and October through December. “(E) Exclusion.— Renewable fuel blended or consumed in calendar year 2006 in a State that has received a waiver under section 209(b) shall not be included in the study under subparagraph (A). “(F) State exemption from seasonality requirements.— Notwithstanding any other provision of law, the seasonality requirement relating to renewable fuel use established by this paragraph shall not apply to any State that has received a waiver under section 209(b) or any State dependent on refineries in such State for gasoline supplies. “(7) Waivers.— “(A) In general.— The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirements of paragraph (2) in whole or in part on petition by one or more States by reducing the national quantity of renewable fuel required under paragraph (2)— “(i) based on a determination by the Administrator, after public notice and opportunity for comment, that implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or “(ii) based on a determination by the Administrator, after public notice and opportunity for comment, that there is an inadequate domestic supply. “(B) Petitions for waivers.— The Deadline. Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove a State petition for a waiver of the requirements of paragraph (2) within 90 days after the date on which the petition is received by the Administrator. “(C) Termination of waivers.— A waiver granted under subparagraph (A) shall terminate after 1 year, but may be renewed by the Administrator after consultation with the Secretary of Agriculture and the Secretary of Energy. “(8) Study and waiver for initial year of program.— “(A) In general.— Not Deadline. later than 180 days after the date of enactment of this paragraph, the Secretary of Energy shall conduct for the Administrator a study assessing whether the renewable fuel requirement under paragraph (2) will likely result in significant adverse impacts on consumers in 2006, on a national, regional, or State basis. “(B) Required evaluations.— The study shall evaluate renewable fuel— “(i) supplies and prices; “(ii) blendstock supplies; and “(iii) supply and distribution system capabilities. “(C) Recommendations by the secretary.— Based on the results of the study, the Secretary of Energy shall make specific recommendations to the Administrator concerning waiver of the requirements of paragraph (2), in whole or in part, to prevent any adverse impacts described in subparagraph (A). “(D) Waiver.— “(i) In general.— Not Deadline. later than 270 days after the date of enactment of this paragraph, the Administrator shall, if and to the extent recommended by the Secretary of Energy under subparagraph (C), waive, in whole or in part, the renewable fuel requirement under paragraph (2) by reducing the national quantity of renewable fuel required under paragraph (2) in calendar year 2006. “(ii) No effect on waiver authority.— Clause (i) does not limit the authority of the Administrator to waive the requirements of paragraph (2) in whole, or in part, under paragraph (7). “(9) Small refineries.— “(A) Temporary exemption.— “(i) In general.— The requirements of paragraph (2) shall not apply to small refineries until calendar year 2011. “(ii) Extension of exemption.— “(I) Study by secretary of energy.— Not later than December 31, 2008, the Secretary of Energy shall conduct for the Administrator a study to determine whether compliance with the requirements of paragraph (2) would impose a disproportionate economic hardship on small refineries. “(II) Extension of exemption.— In the case of a small refinery that the Secretary of Energy determines under subclause (I) would be subject to a disproportionate economic hardship if required to comply with paragraph (2), the Administrator shall extend the exemption under clause (i) for the small refinery for a period of not less than 2 additional years. “(B) Petitions based on disproportionate economic hardship.— “(i) Extension of exemption.— A small refinery may at any time petition the Administrator for an extension of the exemption under subparagraph (A) for the reason of disproportionate economic hardship. “(ii) Evaluation of petitions.— In evaluating a petition under clause (i), the Administrator, in consultation with the Secretary of Energy, shall consider the findings of the study under subparagraph (A)(ii) and other economic factors. “(iii) Deadline for action on petitions.— The Administrator shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the date of receipt of the petition. “(C) Credit program.— If a small refinery notifies the Administrator that the small refinery waives the exemption under subparagraph (A), the regulations promulgated under paragraph (2)(A) shall provide for the generation of credits by the small refinery under paragraph (5) beginning in the calendar year following the date of notification. “(D) Opt-in for small refineries.— A small refinery shall be subject to the requirements of paragraph (2) if the small refinery notifies the Administrator that the small refinery waives the exemption under subparagraph (A). “(10) Ethanol market concentration analysis.— “(A) Analysis.— “(i) In general.— Not Deadline. later than 180 days after the date of enactment of this paragraph, and annually thereafter, the Federal Trade Commission shall perform a market concentration analysis of the ethanol production industry using the Herfindahl-Hirschman Index to determine whether there is sufficient competition among industry participants to avoid price-setting and other anticompetitive behavior. “(ii) Scoring.— For the purpose of scoring under clause (i) using the Herfindahl-Hirschman Index, all marketing arrangements among industry participants shall be considered. “(B) Report.— Not later than December 1, 2005, and annually thereafter, the Federal Trade Commission shall submit to Congress and the Administrator a report on the results of the market concentration analysis performed under subparagraph (A)(i).” . (b) Penalties and Enforcement.— Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended— (1) in paragraph (1)— (A) in the first sentence, by striking “or (n)” each place it appears and inserting “(n), or (o)”; and (B) in the second sentence, by striking “or (m)” and inserting “(m), or (o)”; and (2) in the first sentence of paragraph (2), by striking “and (n)” each place it appears and inserting “(n), and (o)”. (c) Exclusion From Ethanol Waiver.— Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: “(5) Exclusion from ethanol waiver.— “(A) Promulgation of regulations.— Upon notification, accompanied by supporting documentation, from the Governor of a State that the Reid vapor pressure limitation established by paragraph (4) will increase emissions that contribute to air pollution in any area in the State, the Administrator shall, by regulation, apply, in lieu of the Reid vapor pressure limitation established by paragraph (4), the Reid vapor pressure limitation established by paragraph (1) to all fuel blends containing gasoline and 10 percent denatured anhydrous ethanol that are sold, offered for sale, dispensed, supplied, offered for supply, transported, or introduced into commerce in the area during the high ozone season. “(B) Deadline for promulgation.— The Administrator shall promulgate regulations under subparagraph (A) not later than 90 days after the date of receipt of a notification from a Governor under that subparagraph. “(C) Effective date.— “(i) In general.— With respect to an area in a State for which the Governor submits a notification under subparagraph (A), the regulations under that subparagraph shall take effect on the later of— “(I) the first day of the first high ozone season for the area that begins after the date of receipt of the notification; or “(II) 1 year after the date of receipt of the notification. “(ii) Extension of effective date based on determination of insufficient supply.— “(I) In general.— If, Regulations. after receipt of a notification with respect to an area from a Governor of a State under subparagraph (A), the Administrator determines, on the Administrator’s own motion or on petition of any person and after consultation with the Secretary of Energy, that the promulgation of regulations described in subparagraph (A) would result in an insufficient supply of gasoline in the State, the Administrator, by regulation— “(aa) shall extend the effective date of the regulations under clause (i) with respect to the area for not more than 1 year; and “(bb) may renew the extension under item (aa) for two additional periods, each of which shall not exceed 1 year. “(II) Deadline for action on petitions.— The Administrator shall act on any petition submitted under subclause (I) not later than 180 days after the date of receipt of the petition.” . (d) Survey of Renewable Fuel Market.— (1) Survey and report.— Not later than December 1, 2006, and annually thereafter, the Administrator of the Environmental Protection Agency (in consultation with the Secretary acting through the Administrator of the Energy Information Administration) shall— (A) conduct, with respect to each conventional gasoline use area and each reformulated gasoline use area in each State, a survey to determine the market shares of— (i) conventional gasoline containing ethanol; (ii) reformulated gasoline containing ethanol; (iii) conventional gasoline containing renewable fuel; and (iv) reformulated gasoline containing renewable fuel; and (B) submit to Congress, and make publicly available, a report on the results of the survey under subparagraph (A). (2) Recordkeeping and reporting requirements.— The Administrator of the Environmental Protection Agency (hereinafter in this subsection referred to as the “Administrator”) may require any refiner, blender, or importer to keep such records and make such reports as are necessary to ensure that the survey conducted under paragraph (1) is accurate. The Administrator, to avoid duplicative requirements, shall rely, to the extent practicable, on existing reporting and recordkeeping requirements and other information available to the Administrator including gasoline distribution patterns that include multistate use areas. (3) Applicable law.— Activities carried out under this subsection shall be conducted in a manner designed to protect confidentiality of individual responses. SEC. 1502. FINDINGS. Congress finds that— (1) since 1979, methyl tertiary butyl ether (hereinafter in this section referred to as “MTBE”) has been used nationwide at low levels in gasoline to replace lead as an octane booster or anti-knocking agent; (2) Public Law 101–549 (commonly known as the “Clean Air Act Amendments of 1990”) (42 U.S.C. 7401 et seq.) established a fuel oxygenate standard under which reformulated gasoline must contain at least 2 percent oxygen by weight; and (3) the fuel industry responded to the fuel oxygenate standard established by Public Law 101–549 by making substantial investments in— (A) MTBE production capacity; and (B) systems to deliver MTBE-containing gasoline to the marketplace. SEC. 1503. CLAIMS FILED AFTER ENACTMENT. Claims and legal actions filed after the date of enactment of this Act related to allegations involving actual or threatened contamination of methyl tertiary butyl ether (MTBE) may be removed to the appropriate United States district court. SEC. 1504. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE. (a) Elimination.— (1) In general.— Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended— (A) in paragraph (2)— (i) in the second sentence of subparagraph (A), by striking “(including the oxygen content requirement contained in subparagraph (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); and (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), respectively; and (ii) in subparagraph (C)— (I) by striking clause (ii); and (II) by redesignating clause (iii) as clause (ii). (2) Applicability.— The Effective dates. 42 USC 7545 note. amendments made by paragraph (1) apply— (A) in the case of a State that has received a waiver under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)), beginning on the date of enactment of this Act; and (B) in the case of any other State, beginning 270 days after the date of enactment of this Act. (b) Maintenance of Toxic Air Pollutant Emission Reductions.— Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is amended— (1) by striking “Within 1 year after the enactment of the Clean Air Act Amendments of 1990,” and inserting the following: “(A) In general.— Not Deadline. later than November 15, 1991,” ; and (2) by adding at the end the following: “(B) Maintenance of toxic air pollutant emissions reductions from reformulated gasoline.— “(i) Definition of padd.— In this subparagraph the term ‘PADD’ means a Petroleum Administration for Defense District. “(ii) Regulations concerning emissions of toxic air pollutants.— Not later than 270 days after the date of enactment of this subparagraph, the Administrator shall establish by regulation, for each refinery or importer (other than a refiner or importer in a State that has received a waiver under section 209(b) with respect to gasoline produced for use in that State), standards for toxic air pollutants from use of the reformulated gasoline produced or distributed by the refiner or importer that maintain the reduction of the average annual aggregate emissions of toxic air pollutants for reformulated gasoline produced or distributed by the refiner or importer during calendar years 2001 and 2002 (as determined on the basis of data collected by the Administrator with respect to the refiner or importer). “(iii) Standards applicable to specific refineries or importers.— “(I) Applicability of standards.— For any calendar year, the standards applicable to a refiner or importer under clause (ii) shall apply to the quantity of gasoline produced or distributed by the refiner or importer in the calendar year only to the extent that the quantity is less than or equal to the average annual quantity of reformulated gasoline produced or distributed by the refiner or importer during calendar years 2001 and 2002. “(II) Applicability of other standards.— For any calendar year, the quantity of gasoline produced or distributed by a refiner or importer that is in excess of the quantity subject to subclause (I) shall be subject to standards for emissions of toxic air pollutants promulgated under subparagraph (A) and paragraph (3)(B). “(iv) Credit program.— The Administrator shall provide for the granting and use of credits for emissions of toxic air pollutants in the same manner as provided in paragraph (7). “(v) Regional protection of toxics reduction baselines.— “(I) In general.— Not Deadlines. Federal Register, publication. Reports. later than 60 days after the date of enactment of this subparagraph, and not later than April 1 of each calendar year that begins after that date of enactment, the Administrator shall publish in the Federal Register a report that specifies, with respect to the previous calendar year— “(aa) the quantity of reformulated gasoline produced that is in excess of the average annual quantity of reformulated gasoline produced in 2001 and 2002; and “(bb) the reduction of the average annual aggregate emissions of toxic air pollutants in each PADD, based on retail survey data or data from other appropriate sources. “(II) Effect of failure to maintain aggregate toxics reductions.— If, in any calendar year, the reduction of the average annual aggregate emissions of toxic air pollutants in a PADD fails to meet or exceed the reduction of the average annual aggregate emissions of toxic air pollutants in the PADD in calendar years 2001 and 2002, the Administrator, not later than 90 days after the date of publication of the report for the calendar year under subclause (I), shall— “(aa) identify, to the maximum extent practicable, the reasons for the failure, including the sources, volumes, and characteristics of reformulated gasoline that contributed to the failure; and “(bb) Effective dates. Regulations. promulgate revisions to the regulations promulgated under clause (ii), to take effect not earlier than 180 days but not later than 270 days after the date of promulgation, to provide that, notwithstanding clause (iii)(II), all reformulated gasoline produced or distributed at each refiner or importer shall meet the standards applicable under clause (iii)(I) beginning not later than April 1 of the calendar year following publication of the report under subclause (I) and in each calendar year thereafter. “(vi) Deadline. Regulations. Not later than July 1, 2007, the Administrator shall promulgate final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels, as provided for in section 80.1045 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph), and as authorized under section 202(1) of the Clean Air Act. If the Administrator promulgates by such date, final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels that achieve and maintain greater overall reductions in emissions of air toxics from reformulated gasoline than the reductions that would be achieved under section 211(k)(1)(B) of the Clean Air Act as amended by this clause, then sections 211(k)(1)(B)(i) through 211(k)(1)(B)(v) shall be null and void and regulations promulgated thereunder shall be rescinded and have no further effect.” . (c) Consolidation in Reformulated Gasoline Regulations.— Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the reformulated gasoline regulations under subpart D of part 80 of title 40, Code of Federal Regulations, to consolidate the regulations applicable to VOC-Control Regions 1 and 2 under section 80.41 of that title by eliminating the less stringent requirements applicable to gasoline designated for VOC-Control Region 2 and instead applying the more stringent requirements applicable to gasoline designated for VOC-Control Region 1. (d) Savings Clause.— (1) In general.— Nothing in this section or any amendment made by this section affects or prejudices any legal claim or action with respect to regulations promulgated by the Administrator before the date of enactment of this Act regarding— (A) emissions of toxic air pollutants from motor vehicles; or (B) the adjustment of standards applicable to a specific refinery or importer made under those regulations. (2) Adjustment of standards.— (A) Applicability.— The Administrator may apply any adjustments to the standards applicable to a refinery or importer under subparagraph (B)(iii)(I) of section 211(k)(1) of the Clean Air Act (as added by subsection (b)(2)), except that— (i) the Administrator shall revise the adjustments to be based only on calendar years 1999 and 2000; (ii) any such adjustment shall not be made at a level below the average percentage of reductions of emissions of toxic air pollutants for reformulated gasoline supplied to PADD I during calendar years 1999 and 2000; and (iii) in the case of an adjustment based on toxic air pollutant emissions from reformulated gasoline significantly below the national annual average emissions of toxic air pollutants from all reformulated gasoline— (I) the Administrator may revise the adjustment to take account of the scope of the prohibition on methyl tertiary butyl ether imposed by a State; and (II) any such adjustment shall require the refiner or importer, to the maximum extent practicable, to maintain the reduction achieved during calendar years 1999 and 2000 in the average annual aggregate emissions of toxic air pollutants from reformulated gasoline produced or distributed by the refiner or importer. SEC. 1505. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL ADDITIVES. Section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is amended— (1) in paragraph (2)— (A) by striking “may also” and inserting “shall, on a regular basis,”; and (B) by striking subparagraph (A) and inserting the following: “(A) to conduct tests to determine potential public health and environmental effects of the fuel or additive (including carcinogenic, teratogenic, or mutagenic effects); and” ; and (2) by adding at the end the following: “(4) Study on certain fuel additives and blendstocks.— “(A) In general.— Not Deadline. later than 2 years after the date of enactment of this paragraph, the Administrator shall— “(i) conduct a study on the effects on public health (including the effects on children, pregnant women, minority or low-income communities, and other sensitive populations), air quality, and water resources of increased use of, and the feasibility of using as substitutes for methyl tertiary butyl ether in gasoline— “(I) ethyl tertiary butyl ether; “(II) tertiary amyl methyl ether; “(III) di-isopropyl ether; “(IV) tertiary butyl alcohol; “(V) other ethers and heavy alcohols, as determined by then Administrator; “(VI) ethanol; “(VII) iso-octane; and “(VIII) alkylates; and “(ii) conduct a study on the effects on public health (including the effects on children, pregnant women, minority or low-income communities, and other sensitive populations), air quality, and water resources of the adjustment for ethanol-blended reformulated gasoline to the volatile organic compounds performance requirements that are applicable under paragraphs (1) and (3) of section 211(k); and “(iii) Reports. submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the studies under clauses (i) and (ii). “(B) Contracts for study.— In carrying out this paragraph, the Administrator may enter into one or more contracts with nongovernmental entities such as— “(i) the national energy laboratories; and “(ii) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).” . SEC. 1506. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after subsection (p) the following: “(q) Analyses of Motor Vehicle Fuel Changes and Emissions Model.— “(1) Anti-backsliding analysis.— “(A) Draft analysis.— Not Public information. later than 4 years after the date of enactment of this paragraph, the Administrator shall publish for public comment a draft analysis of the changes in emissions of air pollutants and air quality due to the use of motor vehicle fuel and fuel additives resulting from implementation of the amendments made by the Energy 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 section, not later than 4 years after the date of enactment of this paragraph, the Administrator shall develop and finalize an emissions model that reflects, to the maximum extent practicable, the effects of gasoline characteristics or components on emissions from vehicles in the motor vehicle fleet during calendar year 2007. “(3) Permeation effects study.— “(A) In general.— Not later than 1 year after the date of enactment of this paragraph, the Administrator shall conduct a study, and report to Congress the results of the study, on the effects of ethanol content in gasoline on permeation, the process by which fuel molecules migrate through the elastomeric materials (rubber and plastic parts) that make up the fuel and fuel vapor systems of a motor vehicle. “(B) Evaporative emissions.— The study shall include estimates of the increase in total evaporative emissions likely to result from the use of gasoline with ethanol content in a motor vehicle, and the fleet of motor vehicles, due to permeation.” . SEC. 1507. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED GASOLINE PROGRAM. Section 211(k)(6) of the Clean Air Act (42 U.S.C. 7545(k)(6)) is amended— (1) by striking “(6) Opt-in areas.—(A) Upon” and inserting the following: “(6) Opt-in areas.— “(A) Classified areas.— “(i) In general.— Upon” ; (2) in subparagraph (B), by striking “(B) If” and inserting the following: “(ii) Effect of insufficient domestic capacity to produce reformulated gasoline.— If” ; (3) in subparagraph (A)(ii) (as redesignated by paragraph (2))— (A) in the first sentence, by striking “subparagraph (A)” and inserting “clause (i)”; and (B) in the second sentence, by striking “this paragraph” and inserting “this subparagraph”; and (4) by adding at the end the following: “(B) Ozone transport region.— “(i) Application of prohibition.— “(I) In general.— On application of the Governor of a State in the ozone transport region established by section 184(a), the Administrator, not later than 180 days after the date of receipt of the application, shall apply the prohibition specified in paragraph (5) to any area in the State (other than an area classified as a marginal, moderate, serious, or severe ozone nonattainment area under subpart 2 of part D of title I) unless the Administrator determines under clause (iii) that there is insufficient capacity to supply reformulated gasoline. “(II) Publication of application.— As soon as practicable after the date of receipt of an application under subclause (I), the Administrator shall publish the application in the Federal Register. “(ii) Period of applicability.— Under clause (i), the prohibition specified in paragraph (5) shall apply in a State— “(I) commencing as soon as practicable but not later than 2 years after the date of approval by the Administrator of the application of the Governor of the State; and “(II) ending not earlier than 4 years after the commencement date determined under subclause (I). “(iii) Extension of commencement date based on insufficient capacity.— “(I) In general.— If, after receipt of an application from a Governor of a State under clause (i), the Administrator determines, on the Administrator’s own motion or on petition of any person, after consultation with the Secretary of Energy, that there is insufficient capacity to supply reformulated gasoline, the Administrator, by regulation— “(aa) shall extend the commencement date with respect to the State under clause (ii)(I) for not more than 1 year; and “(bb) may renew the extension under item (aa) for 2 additional periods, each of which shall not exceed 1 year. “(II) Deadline for action on petitions.— The Administrator shall act on any petition submitted under subclause (I) not later than 180 days after the date of receipt of the petition.” . 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) Publication. In order to improve the ability to evaluate the effectiveness of the Nation’s renewable fuels mandate, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United 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 following: “(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 are necessary to achieve the purposes of this section. “(2) The Administrator shall also collect or estimate information both on a national and regional basis, pursuant 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. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY. (a) Study.— (1) In general.— The Administrator of the Environmental Protection Agency and the Secretary 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 assess— (A) the effect of the variety of requirements described in paragraph (1) on the supply, quality, and price of motor vehicle fuels available to the consumer; (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 (including the protection of children, pregnant women, minority or low-income communities, and other sensitive populations); (C) the effect of Federal, State, and local motor vehicle fuel regulations, including multiple motor vehicle fuel requirements, on— (i) domestic refiners; (ii) the fuel distribution system; and (iii) industry investment in new capacity; (D) the effect of the requirements described in paragraph (1) on emissions from vehicles, refiners, and fuel handling facilities; (E) the feasibility of developing national or regional motor vehicle fuel slates for the 48 contiguous States that, while protecting and improving air quality at the national, regional, and local levels, could— (i) enhance flexibility in the fuel distribution infrastructure and improve fuel fungibility; (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, and the need for the development of national standards necessary, 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, on-road and off-road diesel rules, the reformulated gasoline program, the renewable content requirements established by this subtitle, State programs regarding gasoline volatility, and any other requirements imposed by the Federal Government, States or localities affecting the composition of motor fuel. (b) Report.— (1) In general.— Not later than June 1, 2008, the Administrator of the Environmental Protection Agency and the Secretary shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Recommendations.— (A) In general.— The report shall contain recommendations for legislative 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 recommendations 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, the Administrator of the Environmental Protection Agency and the Secretary shall consult with— (A) the Governors of the States; (B) automobile manufacturers; (C) State and local air pollution control regulators; (D) public health experts; (E) motor vehicle fuel producers and distributors; and (F) the public. SEC. 1510. 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 shall establish a program to provide guarantees of loans by private institutions for the construction of facilities 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 available to the applicant under reasonable terms or conditions sufficient to finance the construction of a facility described in subsection (b); (2) the prospective earning power of the applicant 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 (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 maturity comparable to the maturity of the loan. (d) Criteria.— In selecting recipients of loan guarantees from among applicants, the Secretary shall give preference to proposals that— (1) meet all applicable Federal and State permitting 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. (g) Assurance of Repayment.— The Secretary shall require that an applicant for a loan guarantee under subsection (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 guarantee 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 principal 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 Secretary under this section. (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. 1511. RENEWABLE FUEL. The Clean Air Act is amended by inserting after section 211 (42 U.S.C. 7411) the following: “SEC. 212. RENEWABLE FUEL. “(a) Definitions.— In this section: “(1) Municipal solid waste.— 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). “(2) RFG state.— The term ‘RFG State’ means a State in which is located one or more covered areas (as defined in section 211(k)(10)(D)). “(3) Secretary.— The term ‘Secretary’ means the Secretary of Energy. “(b) Cellulosic Biomass Ethanol and Municipal Solid Waste Loan Guarantee Program.— “(1) In general.— Funds may be provided for the cost (as defined in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan guarantees issued under title XIV of the Energy Policy Act to carry out commercial demonstration projects for celluosic biomass and sucrose-derived ethanol. “(2) Demonstration projects.— “(A) In general.— The Secretary shall issue loan guarantees under this section to carry out not more than 4 projects to commercially demonstrate the feasibility and viability of producing cellulosic biomass ethanol or sucrose-derived ethanol, including at least 1 project that uses cereal straw as a feedstock and 1 project that uses municipal solid waste as a feedstock. “(B) Design capacity.— Each project shall have a design capacity to produce at least 30,000,000 gallons of cellulosic biomass ethanol each year. “(3) Applicant assurances.— An applicant for a loan guarantee under this section shall provide assurances, satisfactory to the Secretary, that— “(A) the project design has been validated through the operation of a continuous process facility with a cumulative output of at least 50,000 gallons of ethanol; “(B) the project has been subject to a full technical review; “(C) the project is covered by adequate project performance guarantees; “(D) the project, with the loan guarantee, is economically viable; and “(E) there is a reasonable assurance of repayment of the guaranteed loan. “(4) Limitations.— “(A) Maximum guarantee.— Except as provided in subparagraph (B), a loan guarantee under this section may be issued for up to 80 percent of the estimated cost of a project, but may not exceed $250,000,000 for a project. “(B) Additional guarantees.— “(i) In general.— The Secretary may issue additional loan guarantees for a project to cover up to 80 percent of the excess of actual project cost over estimated project cost but not to exceed 15 percent of the amount of the original guarantee. “(ii) Principal and interest.— Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan made under subparagraph (A). “(5) Equity contributions.— To be eligible for a loan guarantee under this section, an applicant for the loan guarantee shall have binding commitments from equity investors to provide an initial equity contribution of at least 20 percent of the total project cost. “(6) Insufficient amounts.— If the amount made available to carry out this section is insufficient to allow the Secretary to make loan guarantees for 3 projects described in subsection (b), the Secretary shall issue loan guarantees for one or more qualifying projects under this section in the order in which the applications for the projects are received by the Secretary. “(7) Approval.— An Deadline. application for a loan guarantee under this section shall be approved or disapproved by the Secretary not later than 90 days after the application is received by the Secretary. “(c) Authorization of Appropriations for Resource Center.— There is authorized to be appropriated, for a resource center to further develop bioconversion technology using low-cost biomass for the production of ethanol at the Center for Biomass-Based Energy at the Mississippi State University and the Oklahoma State University, $4,000,000 for each of fiscal years 2005 through 2007. “(d) Renewable Fuel Production Research and Development Grants.— “(1) In general.— The Administrator shall provide grants for the research into, and development and implementation of, renewable fuel production technologies in RFG States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol. “(2) Eligibility.— “(A) In general.— The entities eligible to receive a grant under this subsection are academic institutions in RFG States, and consortia made up of combinations of academic institutions, industry, State government agencies, or local government agencies in RFG States, that have proven experience and capabilities with relevant technologies. “(B) Application.— To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Administrator an application in such manner and form, and accompanied by such information, as the Administrator may specify. “(3) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2006 through 2010. “(e) Cellulosic Biomass Ethanol Conversion Assistance.— “(1) In general.— The Secretary may provide grants to merchant producers of cellulosic biomass ethanol in the United States to assist the producers in building eligible production facilities described in paragraph (2) for the production of cellulosic biomass ethanol. “(2) Eligible production facilities.— A production 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 feedstocks derived from agricultural residues or municipal solid waste. “(3) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection— “(A) $250,000,000 for fiscal year 2006; and “(B) $400,000,000 for fiscal year 2007.” . SEC. 1512. CONVERSION ASSISTANCE FOR CELLULOSIC BIOMASS, WASTE-DERIVED ETHANOL, APPROVED RENEWABLE FUELS. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following: “(r) Conversion Assistance for Cellulosic Biomass, Waste-Derived Ethanol, Approved Renewable Fuels.— “(1) In general.— The Secretary of Energy may provide grants to merchant producers of cellulosic biomass ethanol, waste-derived ethanol, and approved renewable fuels in the United States to assist the producers in building eligible production facilities described in paragraph (2) for the production of ethanol or approved renewable fuels. “(2) Eligible production facilities.— A production 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 or renewable biomass or waste-derived feedstocks derived from agricultural residues, wood residues, municipal solid waste, or agricultural byproducts. “(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 2006. “(B) $250,000,000 for fiscal year 2007. “(C) $400,000,000 for fiscal year 2008. “(4) Definitions.— For the purposes of this subsection: “(A) The term ‘approved renewable fuels’ are fuels and components of fuels that have been approved by the Department of Energy, as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211), which have been made from renewable biomass. “(B) The term ‘renewable biomass’ is, as defined in Presidential Executive Order 13134, published in the Federal Register on August 16, 1999, any organic matter that is available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, animal wastes, wood and wood residues, paper and paper residues, and other vegetative waste materials. Old-growth timber means timber of a forest from the late successional stage of forest development.” . SEC. 1513. BLENDING OF COMPLIANT REFORMULATED GASOLINES. 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 Gasolines.— “(1) In general.— Notwithstanding subsections (h) and (k) and subject to the limitations in paragraph (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 reformulated gasoline, provided that— “(A) each batch of gasoline to be blended has been individually certified as in compliance with subsections (h) and (k) prior to being blended; “(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 designee, makes available for inspection such certifications 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 reformulated 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) shall extend for a period of no more than 10 consecutive 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 subparagraphs (A), (B), (C), and (D) of paragraph (1) shall not be used in a VOC survey mandated by 40 CFR Part 80. “(4) State implementation plans.— A State shall be held harmless and shall not be required to revise its State implementation plan under section 110 to account for the emissions from blended gasoline authorized under paragraph (1). “(5) Preservation of state law.— Nothing in this subsection shall— “(A) preempt existing State laws or regulations regulating the blending of compliant gasolines; or “(B) prohibit a State from adopting such restrictions in the future. “(6) Regulations.— The Notice. Deadline. Administrator shall promulgate, after notice and comment, regulations implementing this subsection within 1 year after the date of enactment of this subsection. “(7) Effective date.— This subsection shall become effective 15 months after the date of its enactment and shall apply to blended batches of reformulated gasoline on or after that date, regardless of whether the implementing regulations required by paragraph (6) have been promulgated by the Administrator by that date. “(8) Liability.— No person other than the person 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 subsection 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.” . SEC. 1514. ADVANCED BIOFUEL TECHNOLOGIES PROGRAM. (a) In General.— Subject to the availability of appropriations under subsection (d), the Administrator of the Environmental Protection Agency shall, in consultation with the Secretary of Agriculture and the Biomass Research and Development Technical Advisory Committee established under section 306 of the Biomass Research and Development Act of 2000 (Public Law 106–224; 7 U.S.C. 8101 note), establish a program, to be known as the “Advanced Biofuel Technologies Program”, to demonstrate advanced technologies for the production of alternative transportation fuels. (b) Priority.— In carrying out the program under subsection (a), the Administrator shall give priority to projects that enhance the geographical diversity of alternative fuels production and utilize feedstocks that represent 10 percent or less of ethanol or biodiesel fuel production in the United States during the previous fiscal year. (c) Demonstration Projects.— (1) In general.— As part of the program under subsection (a), the Administrator shall fund demonstration projects— (A) to develop not less than 4 different conversion technologies for producing cellulosic biomass ethanol; and (B) to develop not less than 5 technologies for coproducing value-added bioproducts (such as fertilizers, herbicides, and pesticides) resulting from the production of biodiesel fuel. (2) Administration.— Demonstration projects under this subsection shall be— (A) conducted based on a merit-reviewed, competitive process; and (B) subject to the cost-sharing requirements of section 988. (d) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $110,000,000 for each of fiscal years 2005 through 2009. SEC. 1515. WASTE-DERIVED ETHANOL AND BIODIESEL. Section 312(f)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)(1)) is amended— (1) by striking “ ‘biodiesel’ means” and inserting the following: “ ‘biodiesel’— “(A) means” ; and (2) in subparagraph (A) (as designated by paragraph (1)) by striking “and” at the end and inserting the following: “(B) includes biodiesel derived from— “(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or “(ii) municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and” . SEC. 1516. SUGAR ETHANOL LOAN GUARANTEE PROGRAM. (a) In General.— Funds may be provided for the cost (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of loan guarantees issued under title XIV to carry out commercial demonstration projects for ethanol derived from sugarcane, bagasse, and other sugarcane byproducts. (b) Demonstration Projects.— The Secretary may issue loan guarantees under this section to projects to demonstrate commercially the feasibility and viability of producing ethanol using sugarcane, sugarcane bagasse, and other sugarcane byproducts as a feedstock. (c) Requirements.— An applicant for a loan guarantee under this section may provide assurances, satisfactory to the Secretary, that— (1) the project design has been validated through the operation of a continuous process facility; (2) the project has been subject to a full technical review; (3) the project, with the loan guarantee, is economically viable; and (4) there is a reasonable assurance of repayment of the guaranteed loan. (d) Limitations.— (1) Maximum guarantee.— Except as provided in paragraph (2), a loan guarantee under this section— (A) may be issued for up to 80 percent of the estimated cost of a project; but (B) shall not exceed $50,000,000 for any 1 project. (2) Additional guarantees.— (A) In general.— The Secretary may issue additional loan guarantees for a project to cover— (i) up to 80 percent of the excess of actual project costs; but (ii) not to exceed 15 percent of the amount of the original loan guarantee. (B) Principal and interest.— Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan guarantee made under subparagraph (A). Subtitle B— Underground Storage Tank Compliance SEC. 1521. SHORT TITLE. This subtitle may be cited as the “Underground Storage Tank Compliance Act”. 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 distribute to States not less than 80 percent of the funds from the Trust Fund that are made available to the Administrator under section 9014(2)(A) for each fiscal year for use in paying the reasonable costs, incurred under a cooperative agreement with any State for— “(i) corrective actions taken by the State under section 9003(h)(7)(A); “(ii) necessary administrative expenses, 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 regulations pertaining to underground storage tanks regulated under this subtitle. “(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 distributed to States under subparagraph (A) for enforcement of any regulation promulgated by the Administrator under this subtitle. “(C) Prohibited uses.— Funds provided to a State by the Administrator under subparagraph (A) shall not be used by the State to provide 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 Regulations (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 Administrator shall distribute funds from the Trust Fund to the State using an allocation process developed by the Administrator. “(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 underground storage tanks covered by this subtitle, with the exception of those transfers that had been completed earlier than the date of enactment of this subsection. “(C) Revisions to process.— The Administrator may revise the allocation process referred to in subparagraph (A) after— “(i) consulting with State agencies responsible 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 releases from federally regulated leaking underground storage tanks in the States. “(II) The number of federally regulated 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 subparagraph (A) in any year. “(3) Distributions to state agencies.— Distributions from the Trust Fund under this subsection shall be made directly to a State agency that— “(A) enters into a cooperative agreement referred 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 paragraph at the end thereof: “(6) Withdrawal of approval.— After an opportunity for good faith, collaborative efforts to correct financial deficiencies with a State fund, the Administrator may withdraw approval of any State fund or State assurance program to be used as a financial responsibility mechanism without withdrawing 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 42 USC 6991b. 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 determining 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 action costs and still maintain its basic business 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 operator requesting consideration under this subparagraph shall promptly provide the Administrator (or the State pursuant to paragraph (7)) with all relevant information needed to determine the ability of the owner or operator to pay corrective action costs. “(iv) Alternative payment methods.— The Administrator (or the State pursuant to paragraph (7)) shall consider alternative payment methods as may be necessary or appropriate if the Administrator (or the State pursuant to paragraph (7)) determines that an owner or operator cannot pay all or a portion of the costs in a lump sum payment. “(v) Misrepresentation.— If an owner or operator provides false information or otherwise misrepresents their financial situation under clause (ii), the Administrator (or the State pursuant to paragraph (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 Deadline. the case of underground 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 enactment of this subsection, the Administrator or a State that receives funding under this subtitle, as appropriate, shall conduct on-site inspections of all such tanks to determine compliance with this subtitle and the regulations under this subtitle (40 CFR 280) or a requirement or standard of a State program developed under section 9004. “(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 inspections of each underground storage tank regulated under this subtitle at least once every 3 years to determine compliance with this subtitle and the regulations under this subtitle (40 CFR 280) or a requirement 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 interval 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 Administrator’s or a State’s authorities under section 9005(a).” . (b) Study of Alternative Inspection Programs.— The Administrator of the Environmental Protection Agency, in coordination with a State, shall gather information 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 enactment 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 follows: “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, 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 underground storage tank systems; “(B) persons having daily on-site responsibility for the operation and maintenance of underground storage tanks systems; and “(C) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system. “(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 employed by tank owners and tank operators as of the date of enactment of the Underground Storage Tank Compliance Act; “(C) the high turnover rate of tank operators and other personnel; “(D) the frequency of improvement in underground 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 section. “(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 receives 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 described 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 programs implemented by tank owners and tank operators as of the date of enactment of this section; 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 operator training requirements of subsection (a) shall— “(1) meet the training requirements developed under subsection (b); and “(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 promulgated 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 paragraph (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 required 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): “(D) the training requirements established by States pursuant to section 9010 (relating to operator training); or” . (d) Table of Contents.— The item relating to section 9010 in the 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 ADDITIVES. 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 authorities of paragraphs (4), (6), and (8) of this subsection” 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 contamination.— “(A) In general.— The Administrator and the States may use funds made available under section 9014(2)(B) to carry out corrective actions 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 Contracts. Administrator or a State shall carry out subparagraph (A) in accordance with paragraph (2), and in the case of a State, in accordance with a cooperative agreement entered into by the Administrator and the State under paragraph (7).” . SEC. 1526. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT. (a) Release Prevention and Compliance.— Subtitle 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 “(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) Deadline. Not later than 2 years after the date of enactment of this subsection, 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 underground storage tank described in subparagraph (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 underground 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— “(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 described 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 requirement 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 require each State that receives Federal funds to carry out this subtitle to maintain, update at least annually, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground 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 underground storage tank releases in the State; “(B) the record of compliance by underground storage tanks in the State with— “(i) this subtitle; or “(ii) an applicable State program approved 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 following may be taken into account in determining the terms of a civil penalty under subsection (d): “(1) The compliance history of an owner or operator in accordance with this subtitle or a program approved under section 9004. “(2) Any other factor the Administrator considers appropriate.” . (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 Disposal 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 such delivery, deposit, or acceptance. “(2) Guidance.— Within 1 Deadline. year after the date of enactment of this section, the Administrator shall, in consultation with the States, underground storage tank owners, and product delivery industries, publish guidelines detailing the specific processes and procedures they will use to implement the provisions of this section. The processes and procedures include, at a minimum— “(A) the criteria for determining which underground storage tank facilities are ineligible for delivery, deposit, or acceptance of a regulated substance; “(B) the mechanisms for identifying which facilities are ineligible for delivery, deposit, or acceptance of a regulated substance to the underground storage tank owning and fuel delivery industries; “(C) the process for reclassifying ineligible facilities as eligible for delivery, deposit, or acceptance of a regulated substance; “(D) one or more processes for providing adequate notice to underground storage tank owners and operators and supplier industries that an underground storage tank has been determined to be ineligible for delivery, deposit, or acceptance or a regulated substance; and “(E) a delineation of, or a process for determining, the specified geographic areas subject to paragraph (4). “(3) Compliance.— States that receive funding under this subtitle shall, at a minimum, comply with the processes and procedures published under paragraph (2). “(4) Consideration.— “(A) Rural and remote areas.— Subject to subparagraph (B), the Administrator or a State may consider not treating an underground storage tank as ineligible for delivery, deposit, or acceptance of a regulated substance if such treatment would jeopardize the availability of, or access to, fuel in any rural and remote areas unless an urgent threat to public health, as determined by the Administrator, exists. “(B) Applicability.— Subparagraph (A) shall apply only during the 180-day period following the date of a determination by the Administrator or the appropriate State under subparagraph (A). “(b) Effect on State Authority.— Nothing in this section shall affect or preempt the authority of a State to prohibit the delivery, deposit, or acceptance 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 person has not been provided with notice pursuant to subsection (a)(2)(D) of the ineligibility of a facility for delivery, deposit, or acceptance of a regulated substance as determined by the Administrator or a State, as appropriate, under this section.” . (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 established by section 9012,” . (2) By adding the following new sentence at the end thereof: “Any person making or accepting a delivery or deposit of a regulated substance to an underground storage tank at an ineligible facility in violation of section 9012 shall also be subject to the same civil penalty for each day of such violation.”. (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 instrumentality 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, management, or closure of any underground storage tank, release response activities related thereto, or in the delivery, acceptance, or deposit of any regulated substance to an underground 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 reporting 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 service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative 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 connection with a Federal, State, interstate, or local underground 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 enforcement of any such injunctive relief. No agent, employee, or 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 respect 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 criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State law concerning underground storage tanks, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. 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 exemption shall be for a period not in excess of 1 year, but additional exemptions may be granted for periods not to exceed 1 year upon the President’s making a new determination. President. Reports. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption. “(b) Review of and Report on Federal Underground Storage Tanks.— “(1) Review.— Not later than 12 months after the date of enactment of the Underground Storage Tank Compliance Act, each Federal agency that owns or operates one or more underground storage tanks, or that manages land on which one or more underground storage tanks are located, shall submit to the Administrator, the Committee on Energy and Commerce of the United States House of Representatives, and the Committee on the Environment and Public Works of the Senate a compliance strategy report that— “(A) lists the location and owner of each underground storage tank described in this paragraph; “(B) lists all tanks that are not in compliance with this subtitle that are owned or operated by the Federal agency; “(C) specifies the date of the last inspection by a State or Federal inspector of each underground storage tank owned or operated by the agency; “(D) lists each violation of this subtitle respecting any underground storage tank owned or operated by the agency; “(E) describes the operator training that has been provided to the operator and other persons 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 subparagraph (B). “(2) Not a safe harbor.— This subsection does not relieve any person from any obligation or requirement under this subtitle.” . SEC. 1529. TANKS ON TRIBAL LANDS. (a) In General.— Subtitle I of the Solid Waste Disposal 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 Deadline. 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— “(1) giving priority to releases that present the greatest threat to human health or the environment, to take necessary corrective action in response to releases 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 concerning 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 implementation 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 Public information. shall make the report under this subsection available to the public. “(c) Not a Safe Harbor.— This section does not relieve any person from any obligation or requirement under this subtitle. “(d) State Authority.— Nothing in this section applies 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 GROUNDWATER. (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 Groundwater From Contamination.— The Administrator shall require each State that receives funding under this subtitle to require one of the following: “(1) Tank and piping secondary containment.— (A) Each new underground storage tank, or piping connected to any such new tank, installed after the effective date of this subsection, or any existing underground storage tank, or existing piping connected 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 replaced 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 connected to the underground storage tank, subparagraph (A) shall apply only to the specific underground storage tank or piping being replaced, not to other underground storage tanks and connected pipes comprising such system. “(D) Each installation of a new motor fuel dispenser system, after the effective date of this subsection, shall include under-dispenser spill containment if the new dispenser is within 1,000 feet of any existing community water system or any existing potable drinking water well. “(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 containment or control systems. “(ii) The term ‘underground storage tank’ has the meaning given to it in section 9001, except that such term does not include tank combinations 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 underground storage tank system, but does not mean the installation of a motor fuel dispenser installed separately from the equipment need to connect the dispenser to the underground storage tank system. “(2) Evidence of financial responsibility and certification.— “(A) Manufacturer and installer financial responsibility.— A person that manufactures 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 responsibility under section 9003(d) in order to provide for the costs of corrective actions directly related to releases caused by improper manufacture or installation unless the person can demonstrate themselves to be already covered as an owner or operator of an underground storage tank under section 9003. “(B) Installer certification.— The Administrator and each State that receives funding under this subtitle, as appropriate, shall require that a person that installs an underground storage tank system is— “(i) certified or licensed by the tank and piping manufacturer; “(ii) certified or licensed by the Administrator or a State, as appropriate; “(iii) has their underground storage tank system installation certified by a registered professional engineer with education and experience in underground storage tank system installation; “(iv) has had their installation of the underground storage tank inspected and approved by the Administrator or the State, as appropriate; “(v) compliant with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions; or “(vi) compliant with another method that is determined by the Administrator or a State, as appropriate, to be no less protective of human health and the environment. “(C) Savings clause.— Nothing in subparagraph (A) alters or affects the liability of any owner or operator of an underground storage tank.” . (b) Effective Date.— This 42 USC 6991b note. subsection shall take effect 18 months after the date of enactment of this subsection. (c) Promulgation of Regulations or Guidelines.— The Administrator shall issue regulations or guidelines implementing the requirements of this subsection, including guidance to differentiate between the terms “repair” 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 as follows: (1) By striking “or” at the end of subparagraph (B). (2) By inserting “; or” at the end of subparagraph (C). (3) By adding the following new subparagraph after subparagraph (C): “(D) the requirements established in section 9003(i),” . SEC. 1531. AUTHORIZATION OF APPROPRIATIONS. (a) In General.— Subtitle I of the Solid Waste Disposal 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 Administrator 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 section 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 fiscal years 2005 through 2009; “(B) to carry out section 9003(h)(12), $200,000,000 for each of fiscal years 2005 through 2009; “(C) to carry out sections 9003(i), 9004(f), and 9005(c) $100,000,000 for each of fiscal years 2005 through 2009; and “(D) to carry out sections 9010, 9011, 9012, and 9013 $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 subtitle—” 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 redesignated by paragraph (2) of this subsection) the following: “(1) Indian tribe.— “(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 services provided by the United States to Indians because 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.); and” . (4) By inserting after paragraph (8) (as redesignated by paragraph (2) of this subsection) the following: “(9) Trust fund.— The term ‘Trust Fund’ means the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue 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 (B) in paragraphs (2) and (3), by striking “9001(2)(A)” each place it appears and inserting “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 amended— (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 “subparagraphs (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 “substances”. (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” and inserting “in subparagraph (A) or (B) of section 9001(7)”. (4) Section 9005 (42 U.S.C. 6991d) is amended— (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 Emergencies.— 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 control or prohibition respecting the use of a fuel or fuel additive required or regulated by the Administrator pursuant to subsection (c), (h), (i), (k), or (m) of this section or prescribed in an applicable implementation plan under section 110 approved by the Administrator under clause (i) of this subparagraph if, after consultation with, and concurrence 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 additive supply circumstances are the result of a natural 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 suppliers of the fuel or fuel additive to such State or region; 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— “(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 (but which shall be for the shortest practicable period), 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 rulemaking. “(iv) Regulations. Deadline. Within 180 days of the date of enactment of this clause, the Administrator shall promulgate regulations to implement clauses (ii) and (iii). “(v) Nothing in this subparagraph shall— “(I) limit or otherwise affect the application of any other waiver authority of the Administrator pursuant to this section or pursuant to a regulation promulgated pursuant to this section; and “(II) subject any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this subparagraph.” . (b) Limit on Number of Boutique Fuels.— Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)), as amended by subsection (a), is further amended by adding at the end the following: “(v) (I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval increases the total number of fuels approved under this paragraph as of September 1, 2004, in all State implementation plans. “(II) Deadline. Federal Register, publication. Public information. The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of September 1, 2004, in all State implementation plans and shall publish a list of such fuels, including the States and Petroleum Administration for Defense District in which they are used, in the Federal Register for public review and comment no later than 90 days after enactment. “(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator, but the Administrator shall not reduce the total number of fuels authorized under the list published under subclause (II). “(IV) Subclause (I) shall not limit the Administrator’s authority to approve a control or prohibition respecting any new fuel under this paragraph in a State implementation plan or revision to a State implementation plan if such new fuel— “(aa) completely replaces a fuel on the list published under subclause (II); or “(bb) does not increase the total number of fuels on the list published under subclause (II) as of September 1, 2004. In the Supply. Federal Register, publication. event that the total number of fuels on the list published under subclause (II) at the time of the Administrator’s consideration of a control or prohibition respecting a new fuel is lower than the total number of fuels on such list as of September 1, 2004, the Administrator may approve a control or prohibition respecting a new fuel under this subclause if the Administrator, after consultation with the Secretary of Energy, publishes in the Federal Register after notice and comment a finding that, in the Administrator’s judgment, such control or prohibition respecting a new fuel will not cause fuel supply or distribution interruptions or have a 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 implementation plan, to approve any fuel unless that fuel was, as of the date of such consideration, approved in at least one State implementation plan in the applicable Petroleum Administration for Defense District. However, the Administrator may approve as part of a State implementation plan or State implementation plan revision a fuel with a summertime Reid Vapor Pressure of 7.0 psi. In no event shall such approval by the Administrator cause an increase in the total number of fuels on the list published under subclause (II). “(VI) Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with 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 shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)). (2) Focus of study.— The primary focus of the study required under paragraph (1) shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, addresses air quality requirements, and reduces motor fuel price volatility including that which has resulted from the proliferation of boutique fuels, and to recommend to Congress such legislative changes as are necessary to implement such a system. The study should include the impacts on overall energy supply, distribution, and use as a result of the legislative changes recommended. (3) Conduct of study.— In Science and technology. carrying out their joint duties under this section, the Administrator and the Secretary shall use sound science and objective science practices, shall consider the best available science, shall use data collected by accepted means and shall consider and include a description of the weight of the scientific evidence. The Administrator and the Secretary shall coordinate the study required by this section with other studies required by the Act. (4) Responsibility of administrator.— In carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study. (5) Responsibility of secretary.— In carrying out the study required by this section, the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility, and fuel costs portion of the study. (6) Report to congress.— The Deadline. 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 recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the United States House of Representatives and the Committees on Energy and Natural Resources and on Environment and Public Works of the Senate. (7) 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 subsection. (d) Definitions.— In this section: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) 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. (3) The term “a control or prohibition respecting a new fuel” means a control or prohibition on the formulation, composition, or emissions characteristics of a fuel that would require the increase or decrease of a constituent in gasoline or diesel fuel.
2 of 9 references resolved to an enrolled provision · 5 partial · 2 unresolved
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (1)(B), is Pub. L. 92–203, , 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Amendments1986–2005 · 4 rounds
2005
Pub. L. 109–58 substituted “In this subchapter:” for “For the purposes of this subchapter—” in introductory provisions, added pars. (1) and (9), redesignated former pars. (1) to (8) as pars. (10), (7), (4), (3), (8), (5), (2), and (6), respectively, and, in par. (4)(A), substituted “substances” for “sustances”.
1994
Par. (1)(D). Pub. L. 103–429 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “pipeline facility (including gathering lines)—
“(i) which is regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671 et seq.),
“(ii) which is regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001 et seq.), or
“(iii) which is an intrastate pipeline facility regulated under State laws as provided in the provisions of law referred to in clause (i) or (ii) of this subparagraph,
and which is determined by the Secretary to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline,”.
1992
Par. (1)(D). Pub. L. 102–508 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “pipeline facility (including gathering lines) regulated under—
“(i) the Natural Gas Pipeline Safety Act of 1968,
“(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or
“(iii) which is an intrastate pipeline facility regulated under State laws comparable to the provisions of law referred to in clause (i) or (ii) of this subparagraph,”.
1986
Par. (2)(B). Pub. L. 99–499 struck out “, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute)”. See par. (8).
Par. (8). Pub. L. 99–499 added par. (8).
Statutory Notes and Related Subsidiaries
Aboveground Storage Tank Grant Program
Pub. L. 106–554, § 1(a)(4) [div. B, title XII, § 1201], , 114 Stat. 2763, 2763A–313, provided that:
“(a) Definitions.—
In this provision:
“(1) Aboveground storage tank.—
The term ‘aboveground storage tank’ means any tank or combination of tanks (including any connected pipe)—
“(A) that is used to contain an accumulation of regulated substances; and
“(B) the volume of which (including the volume of any connected pipe) is located wholly above the surface of the ground.
“(2) Administrator.—
The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.
“(3) Denali Commission.—
The term ‘Denali Commission’ means the commission established by section 303(a) of the Denali Commission Act of 1998 [Pub. L. 105–277, div. C, title III] (42 U.S.C. 3121 note).
“(4) Federal environmental law.—
The term ‘Federal environmental law’ means—
“(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 et seq.);
“(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
“(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
“(D) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or
“(E) any other Federal law that is applicable to the release into the environment of a regulated substance, as determined by the Administrator.
“(5) Native village.—
The term ‘Native village’ has the meaning given the term in section 11(b) in Public Law 92–203 (85 Stat. 688) [43 U.S.C. 1610(b)].
“(6) Program.—
The term ‘program’ means the Aboveground Storage Tank Grant Program established by subsection (b)(1).
“(7) Regulated substance.—
The term ‘regulated substance’ has the meaning given the term in section 9001 of the Solid Waste Disposal Act (42 U.S.C. 6991).
“(8) State.—
The term ‘State’ means the State of Alaska.
“(b) Establishment.—
“(1) In general.—
There is established a grant program to be known as the ‘Aboveground Storage Tank Grant Program’
“(2) Grants.—
Under the program, the Administrator shall award a grant to—
“(A) the State, on behalf of a Native village; or
“(B) the Denali Commission.
“(c) Use of Grants.—
The State or the Denali Commission shall use the funds of a grant under subsection (b) to repair, upgrade, or replace one or more aboveground storage tanks that—
“(1) leaks or poses an imminent threat of leaking, as certified by the Administrator, the Commandant of the Coast Guard, or any other appropriate Federal or State agency (as determined by the Administrator); and
“(2) is located in a Native village—
“(A) the median household income of which is less than 80 percent of the median household income in the State;
“(B) that is located—
“(i) within the boundaries of—
“(I) a unit of the National Park System;
“(II) a unit of the National Wildlife Refuge System; or
“(III) a National Forest; or
“(ii) on public land under the administrative jurisdiction of the Bureau of Land Management; or
“(C) that receives payments from the Federal Government under chapter 69 of title 31, United States Code (commonly known as ‘payments in lieu of taxes’).
“(d) Reports.—
Not later than 1 year after the date on which the State or the Denali Commission receives a grant under subsection (c), and annually thereafter, the State or the Denali Commission, as the case may be, shall submit a report describing each project completed with grant funds and any projects planned for the following year, to—
“(1) the Administrator;
“(2) the Committee on Resources [now Committee on Natural Resources] of the House of Representatives;
“(3) the Committee on Environment and Public Works of the Senate;
“(4) the Committee on Appropriations of the House of Representatives; and
“(5) the Committee on Appropriations of the Senate.
“(e) Authorization of Appropriations.—
There are authorized to be appropriated to carry out this Act [probably means this section], to remain available until expended—
“(1) $20,000,000 for fiscal year 2001; and
“(2) such sums as are necessary for each fiscal year thereafter.”
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.]
Credits
1984–2005 · 5 acts
- 1984Pub. L. 89–272, title II, § 9001, as added Pub. L. 98–616, title VI, § 601(a), , 98 Stat. 3277
- 1986amended Pub. L. 99–499, title II, § 205(a), , 100 Stat. 1696
- 1992Pub. L. 102–508, title III, § 302, , 106 Stat. 3307
- 1994Pub. L. 103–429, § 7(d), , 108 Stat. 4389
- 2005Pub. L. 109–58, title XV, §§ 1532(a), 1533(1), , 119 Stat. 1104, 1105.
Show as published
(Pub. L. 89–272, title II, § 9001, as added Pub. L. 98–616, title VI, § 601(a), , 98 Stat. 3277; amended Pub. L. 99–499, title II, § 205(a), , 100 Stat. 1696; Pub. L. 102–508, title III, § 302, , 106 Stat. 3307; Pub. L. 103–429, § 7(d), , 108 Stat. 4389; Pub. L. 109–58, title XV, §§ 1532(a), 1533(1), , 119 Stat. 1104, 1105.)