[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 197 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
S. RES. 197

 To promote clean air and to prevent the import of ``dirty'' gasoline 
                        into the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 25 (legislative day, February 22), 1994

  Mr. Baucus (for himself, Mr. Ford, Mr. Warner, Mr. Breaux, and Mr. 
Wofford) submitted the following resolution; which was referred to the 
                          Committee on Finance

_______________________________________________________________________

                               RESOLUTION


 
 To promote clean air and to prevent the import of ``dirty'' gasoline 
                        into the United States.

Whereas the ``Clear Air Act Amendments of 1990'' (CAAA 1990) is legislation 
        critical for preserving American health and environment;
Whereas the reformulated gasoline program is a key provision of the CAAA 1990;
Whereas the integrity of the clean fuels requirement of the CAAA necessarily 
        involves EPA verification of data submitted;
Whereas the EPA must be able to verify with certainty the foreign submitted data 
        substantiating 1990 baseline standards of foreign refiners of 
        reformulated gasoline;
Whereas the final reformulated gasoline rule issued by EPA on December 15, 1993, 
        recognizes the difficulty EPA has verifying the baseline of gasoline 
        produced abroad and attempts to protect the integrity of the clean fuels 
        requirement in the CAAA 1990;
Whereas foreign refiners might be entitled to claim that the December 15 EPA 
        rule denies them national treatment obligations owed them by the United 
        States under the General Agreement on Tariffs and Trade (GATT);
Whereas the GATT provides a recognized exception to GATT obligations of 
        ``national treatment'' by virtue of a measure's importance to protecting 
        human, animal or plant life or health; and
Whereas the reformulated gasoline EPA rule can be reasonably found to fall 
        within this GATT article XX exception: Now, therefore, be it
    Resolved, That it is the sense of the Senate that the reformulated 
gasoline rule should stand as previously promulgated; and that the 
United States Trade Representative should vigorously defend the 
reformulated gasoline rule under the GATT; and that if the United 
States re-opens the reformulated gasoline rule, the new proposed rule 
to permit foreign refineries to use their own 1990 baselines should be 
subject to rigorous and extensive public notice and comment to ensure 
that it does not consequently result in an increase in the levels of 
ozone over the current reformulated gasoline rule, and does not result 
in discrimination against domestic refiners of reformulated gasoline.

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