[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2264 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2264
To provide liability protection for claims based on the design,
manufacture, sale, offer for sale, introduction into commerce, or use
of certain fuels and fuel additives, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2012
Mr. Hoeven (for himself, Mr. Blunt, Ms. Klobuchar, Mr. Crapo, and Mr.
Johanns) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide liability protection for claims based on the design,
manufacture, sale, offer for sale, introduction into commerce, or use
of certain fuels and fuel additives, and for other purposes.
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 ``Domestic Fuels Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means--
(A) any entity engaged in the design, manufacture,
sale, or distribution of any qualified product, blend
stock, or component of any qualified product; or
(B) any entity engaged in the design, manufacture,
sale, or distribution of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad engine, or
nonroad equipment.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(3) Motor vehicle engine.--The term ``motor vehicle
engine'' means an engine in a motor vehicle.
(4) Nonroad engine.--The term ``nonroad engine'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(5) Nonroad equipment.--The term ``nonroad equipment''
means any recreational, construction, industrial, agricultural,
logging, residential, commercial lawn and garden, or other
equipment that incorporates a nonroad engine.
(6) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(7) Person.--The term ``person'' has the meaning given the
term in section 1 of title 1, United States Code, except that
the term includes any governmental entity.
(8) Qualified civil liability action.--The term ``qualified
civil liability action'' means any civil action or proceeding
brought by any person against a covered entity for damages,
punitive damages, injunctive or declaratory relief, abatement,
restitution, fines, penalties, or other relief, resulting from
the introduction of any qualified product into any motor
vehicle, motor vehicle engine, nonroad vehicle, nonroad engine,
or nonroad equipment.
(9) Qualified product.--The term ``qualified product''
means--
(A) any transportation fuel or transportation fuel
additive that is registered, or for which an updated
registration is accepted, for introduction into
interstate commerce by the Administrator of the
Environmental Protection Agency under section 211(b) of
the Clean Air Act (42 U.S.C. 7545(b)) or any other
Federal law enacted on or after October 13, 2010; or
(B) a transportation fuel or transportation fuel
additive that--
(i) contains any renewable fuel (as defined
in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1))); and
(ii) is designated for introduction into
interstate commerce by the Administrator of the
Environmental Protection Agency or the
Secretary of Energy under the Clean Air Act (42
U.S.C. 7401 et seq.), the Energy Policy Act of
1992 (42 U.S.C. 13201 et seq.), or any other
Federal law enacted on or after October 13,
2010.
(10) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 3. FUEL COMPATIBILITY.
(a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 9001 et seq.) is amended--
(1) by redesignating section 9014 as section 9015; and
(2) by inserting after section 9013 the following:
``SEC. 9014. COMPATIBILITY.
``(a) Definitions.--In this section:
``(1) Associated dispensing equipment.--The term
`associated dispensing equipment' means equipment that is--
``(A) for the storage and dispensing of any fuel or
fuel additive described in subsection (b)(3) at a
stationary facility that dispenses the fuel or fuel
additive into any fuel tank of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad engine, or
nonroad equipment; and
``(B) subject to regulation under sections 1910.106
and 1926.152 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of the Domestic
Fuels Act of 2012).
``(2) Compatible.--The term `compatible' has the meaning
given the term in section 280.12 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of the
Domestic Fuels Act of 2012).
``(3) Provider of financial assurance.--The term `provider
of financial assurance' has the meaning given the term in
section 280.92 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the Domestic Fuels Act of
2012).
``(4) Underground storage tank.--The term `underground
storage tank' has the meaning given the term in section 280.12
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of the Domestic Fuels Act of 2012).
``(5) Underground storage tank system.--The term
`underground storage tank system' means an underground storage
tank, connected underground piping, underground ancillary
equipment, and containment system, if any.
``(b) Compatibility With Fuels.--
``(1) Liability.--No person shall be liable under any
provision of this Act or any other Federal, State, or local
law, including common law, because any underground storage
tank, underground storage tank system, or associated dispensing
equipment that stores or dispenses any fuel or fuel additive
described in paragraph (3)(A) is not compatible with the fuel
or fuel additive if the tank, system, or equipment has been
determined to be compatible with the fuel or fuel additive
under the guidelines or regulations described in paragraph (3).
``(2) Financial assurance.--A provider of financial
assurance shall not deny payment for any claim on the basis
that any underground storage tank, underground storage tank
system, or associated dispensing equipment that stores or
dispenses any fuel or fuel additive described in paragraph
(3)(A) is not compatible with the fuel or fuel additive if the
tank, system, or equipment has been determined to be compatible
with the fuel or fuel additive under the guidelines or
regulations described in paragraph (3).
``(3) Guidelines and regulations.--
``(A) In general.--Paragraph (1) applies to any
underground storage tank and underground storage tank
system that meets any guidance or regulation, which may
be revised under subparagraph (B), issued by the
Administrator existing on the date of enactment of the
Domestic Fuels Act of 2012 addressing compatibility of
such tanks or systems with any fuel or fuel additive
that is authorized and registered, or for which an
updated registration is accepted, by the Administrator
or under any Federal law, for use in a motor vehicle,
motor vehicle engine, nonroad vehicle, nonroad engine,
or nonroad equipment.
``(B) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Domestic
Fuels Act of 2012, the Administrator shall
promulgate, or if applicable revise,
regulations setting standards for determining
whether any underground storage tank,
underground storage tank system, and associated
dispensing equipment is compatible with any
fuel or fuel additive that is authorized and
registered, or for which an updated
registration is accepted, by the Administrator
or under any Federal law for use in a motor
vehicle, motor vehicle engine, nonroad vehicle,
nonroad engine, or nonroad equipment.
``(ii) Minimum standards.--Regulations
promulgated under subparagraph (B) shall
include minimum standards and processes for
certification by the Administrator, owner,
operator, manufacturer, or any other entity
identified by the Administrator to ensure
compatibility.
``(4) Underground storage tanks, underground storage tank
systems, and associated dispensing equipment previously listed
as compatible.--Any underground storage tank, underground
storage tank system, or associated dispensing equipment that,
as of the date of enactment of the Domestic Fuels Act of 2012,
has been listed by a nationally recognized testing laboratory
as compatible with a fuel or fuel additive described in
paragraph (3) shall be compatible under the regulations issued
under this subsection.
``(5) Administration.--Nothing in this section affects--
``(A) the introduction into commerce, offering for
sale, or sale of any fuel or fuel additive; or
``(B) any applicable requirement, including any
requirement under section 211(o) of the Clean Air Act
(42 U.S.C. 7545(o)).''.
(b) Conforming Amendments.--The Solid Waste Disposal Act is
amended--
(1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)),
by striking ``section 9014(2)(B)'' and inserting ``section
9015(2)(B)'';
(2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by
striking ``section 9014(2)(A)'' and inserting ``section
9015(2)(A)''; and
(3) in section 9011 (42 U.S.C. 6991j), by striking
``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''.
(c) Table of Contents.--The table of contents contained in section
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by
striking the item relating to section 9014 and inserting the following:
``Sec. 9014. Compatibility.
``Sec. 9015. Authorization of Appropriations.''.
SEC. 4. MISFUELING.
(a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C.
7545(g)) is amended by adding at the end the following:
``(3) Regulations.--
``(A) Definitions.--In this paragraph:
``(i) Associated dispensing equipment.--The
term `associated dispensing equipment' has the
meaning given the term in section 9014(a) of
the Solid Waste Disposal Act.
``(ii) Transportation fuel.--The term
`transportation fuel' means any fuel that
contains fuel or fuel additive that is
authorized after January 1, 2010, by the
Administrator or under any Federal law, for use
in any motor vehicle, motor vehicle engine,
nonroad vehicle, nonroad engine, or nonroad
equipment.
``(B) Liability.--
``(i) In general.--Except as provided in
clause (ii), no person shall be liable under
any provision of this Act or any Federal,
State, or local law, including common law, if--
``(I) a self-service purchaser
introduces any transportation fuel into
any motor vehicle, motor vehicle
engine, nonroad vehicle, or nonroad
equipment for which the fuel has not
been approved under subsection (f); or
``(II) the introduction of any
transportation fuel voids the warranty
of the manufacturer of the motor
vehicle, motor vehicle engine, nonroad
engine, nonroad vehicle, or nonroad
equipment.
``(ii) Exceptions.--Clause (i) shall not
apply to--
``(I) a person who sells any
transportation fuel and does not comply
with the misfueling regulations adopted
by the Administrator under section
80.1501 of title 40, Code of Federal
Regulations (or successor regulation);
or
``(II) a person who intentionally
misfuels.''.
(b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
(1) in paragraph (1), in the first sentence, by inserting
``(g),'' after ``or the regulations prescribed under subsection
(c),''; and
(2) in paragraph (2), in the first sentence, by inserting
``(g),'' after ``of the regulations prescribed under
subsections (c),''.
SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL COURT AND STATE
COURT.
(a) In General.--No qualified civil liability action shall be filed
or maintained in any court of the United States or any State court.
(b) Dismissal of Pending Actions.--Any qualified civil liability
action pending in any court of the United States or any State court on
or after the date of enactment of this Act shall be dismissed with
prejudice.
SEC. 6. SAFE HARBOR.
Notwithstanding any other provision of Federal, State, or local
law, including common law, no qualified product, blend stock, or
component of a qualified product shall be considered to be a defective
product, if the qualified product does not violate a control or
prohibition with respect to any characteristic or component of the
qualified product imposed by the Administrator of the Environmental
Protection Agency under section 211 of the Clean Air Act (42 U.S.C.
7545).
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