[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3591 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3591
To amend the Clean Air Act to improve motor fuel supply and
distribution.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25 (legislative day, September 17), 2008
Mrs. Dole (for herself and Mr. Burr) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act to improve motor fuel supply and
distribution.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Fuel Supply and Distribution
Improvement Act''.
SEC. 2. IMPROVING MOTOR FUEL SUPPLY AND DISTRIBUTION.
(a) Limiting Number of Boutique Fuels.--Section 211(c)(4)(C) of the
Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by striking the
second clause (v) (as added by section 1541(b) of Public Law 109-58)
and inserting the following:
``(vi)(I) The Administrator shall have no
authority, when considering a State
implementation plan or a State implementation
plan revision, to approve under this paragraph
any fuel included in such plan or revision if
the effect of such approval would be to
increase the total number of fuels approved
under this paragraph as of January 1, 2009 in
all State implementation plans.
``(II) The Administrator, in consultation
with the Secretary of Energy, shall determine
the total number of fuels approved under this
paragraph as of January 1, 2009, 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
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 apply to
approval by the Administrator of a control or
prohibition respecting any new fuel under this
paragraph in a State's implementation plan or a
revision to that State's implementation plan
after the date of enactment of this Act if the
fuel, as of the date of consideration by the
Administrator--
``(aa) would replace completely a
fuel on the list published under
subclause (II);
``(bb) has been approved in at
least one State implementation plan in
the applicable Petroleum Administration
for Defense District; or
``(cc) is a fuel that differs from
the Federal conventional gasoline
specifications under subsection (k)(8)
only with respect to the requirement of
a summertime Reid Vapor Pressure of 7.0
or 7.8 pounds per square inch.
``(V) 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.
``(VI) In this clause:
``(aa) The term `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.
``(bb) 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 non-road motor
vehicles.''.
(b) Temporary Waivers During Supply Emergencies.--Section 211(c)(4)
of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding at the
end the following:
``(D) Temporary Waivers During Supply Emergencies.--The
Administrator may temporarily waive a control or prohibition with
respect to the use of a fuel or fuel additive required or regulated by
the Administrator under subsection (c), (h), (i), (k), or (m), or
prescribed in an applicable implementation plan under section 110 that
is approved by the Administrator under subparagraph (c)(4)(C)(i), if,
after consultation with and concurrence by the Secretary of Energy, the
Administrator determines that--
``(i) an extreme and unusual fuel or fuel additive supply
circumstance exists in a State or region that prevents the
distribution of an adequate supply of the fuel or fuel additive
to consumers;
``(ii) the extreme and unusual fuel or fuel additive supply
circumstance is 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 a lack of prudent planning on the part of the suppliers of
the fuel or fuel additive to the State or region; and
``(iii) it is in the public interest to grant the waiver.
``(E) Requirements for Waiver.--
``(i) Definition of motor fuel distribution system.--In
this subparagraph, the term `motor fuel distribution system'
has the meaning given the term by the Administrator, by
regulation.
``(ii) Requirements.--A waiver under subparagraph (D) shall
be permitted only if--
``(I) the waiver applies to the smallest geographic
area necessary to address the extreme and unusual fuel
or fuel additive supply circumstance;
``(II) the waiver is effective for a period of 15
calendar days or, if the Administrator determines that
a shorter or longer waiver period is adequate, for the
shortest practicable time period necessary to permit
the correction of the extreme and unusual fuel or fuel
additive supply circumstances and to mitigate impact on
air quality;
``(III) the waiver permits a transitional period,
the duration of which shall be determined by the
Administrator, after the termination of the temporary
waiver to permit wholesalers and retailers to blend
down 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
regarding consideration by the Administrator of, and,
if applicable, the granting of, a waiver to all parties
in the motor fuel distribution system, State and local
regulators, public interest groups, and consumers in
the State or region to be covered by the waiver.
``(F) Affect on Waiver Authority.--Nothing in subparagraph (D)--
``(i) limits or otherwise affects the application of any
other waiver authority of the Administrator under this section
or a regulation promulgated pursuant to this section; or
``(ii) subjects any State or person to an enforcement
action, penalties, or liability solely arising from actions
taken pursuant to the issuance of a waiver under subparagraph
(D).''.
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