[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2962 Reported in Senate (RS)]






                                                       Calendar No. 845
106th CONGRESS
  2d Session
                                S. 2962

                          [Report No. 106-426]

   To amend the Clean Air Act to address problems concerning methyl 
             tertiary butyl ether, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2000

  Mr. Smith of New Hampshire introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

           September 28 (legislative day, September 22), 2000

       Reported by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Clean Air Act to address problems concerning methyl 
             tertiary butyl ether, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Reformulated Fuels 
Act of 2000''.</DELETED>

<DELETED>SEC. 2. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED 
              GASOLINE.</DELETED>

<DELETED>    Section 211(k)(1) of the Clean Air Act (42 U.S.C. 
7545(k)(1)) is amended--</DELETED>
        <DELETED>    (1) by striking ``Within 1 year after the 
        enactment of the Clean Air Act Amendments of 1990,'' and 
        inserting the following:</DELETED>
                <DELETED>    ``(A) In general.--Not later than November 
                15, 1991,''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Waiver of oxygen content 
                requirement.--</DELETED>
                        <DELETED>    ``(i) Authority of the governor.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--
                                Notwithstanding any other provision of 
                                this subsection, a Governor of a State, 
                                upon notification by the Governor to 
                                the Administrator during the 90-day 
                                period beginning on the date of 
                                enactment of this subparagraph, may 
                                waive the application of paragraphs 
                                (2)(B) and (3)(A)(v) to gasoline sold 
                                or dispensed in the State.</DELETED>
                                <DELETED>    ``(II) Opt-in areas.--A 
                                Governor of a State that submits an 
                                application under paragraph (6) may, as 
                                part of that application, waive the 
                                application of paragraphs (2)(B) and 
                                (3)(A)(v) to gasoline sold or dispensed 
                                in the State.</DELETED>
                        <DELETED>    ``(ii) Treatment as reformulated 
                        gasoline.--In the case of a State for which the 
                        Governor invokes the waiver described in clause 
                        (i), gasoline that complies with all provisions 
                        of this subsection other than paragraphs (2)(B) 
                        and (3)(A)(v) shall be considered to be 
                        reformulated gasoline for the purposes of this 
                        subsection.</DELETED>
                        <DELETED>    ``(iii) Effective date of 
                        waiver.--A waiver under clause (i) shall take 
                        effect on the earlier of--</DELETED>
                                <DELETED>    ``(I) the date on which 
                                the performance standard under 
                                subparagraph (C) takes effect; 
                                or</DELETED>
                                <DELETED>    ``(II) the date that is 
                                270 days after the date of enactment of 
                                this subparagraph.</DELETED>
                <DELETED>    ``(C) Maintenance of toxic air pollutant 
                emission reductions.--</DELETED>
                        <DELETED>    ``(i) In general.--As soon as 
                        practicable after the date of enactment of this 
                        subparagraph, the Administrator shall--
                        </DELETED>
                                <DELETED>    ``(I) promulgate 
                                regulations consistent with 
                                subparagraph (A) and paragraph 
                                (3)(B)(ii) to ensure that reductions of 
                                toxic air pollutant emissions achieved 
                                under the reformulated gasoline program 
                                under this section before the date of 
                                enactment of this subparagraph are 
                                maintained in States for which the 
                                Governor waives the oxygenate 
                                requirement under subparagraph (B)(i); 
                                or</DELETED>
                                <DELETED>    ``(II) determine that the 
                                requirement described in clause (iv)--
                                </DELETED>
                                        <DELETED>    ``(aa) is 
                                        consistent with the bases for a 
                                        performance standard described 
                                        in clause (ii); and</DELETED>
                                        <DELETED>    ``(bb) shall be 
                                        deemed to be the performance 
                                        standard under clause (ii) and 
                                        shall be applied in accordance 
                                        with clause (iii).</DELETED>
                        <DELETED>    ``(ii) Performance standard.--The 
                        Administrator, in regulations promulgated under 
                        clause (i)(I), shall establish an annual 
                        average performance standard based on--
                        </DELETED>
                                <DELETED>    ``(I) compliance survey 
                                data;</DELETED>
                                <DELETED>    ``(II) the annual 
                                aggregate reductions in emissions of 
                                toxic air pollutants achieved under the 
                                reformulated gasoline program during 
                                calendar years 1998 and 1999, 
                                determined on the basis of the volume 
                                of reformulated gasoline containing 
                                methyl tertiary butyl ether that is 
                                sold throughout the United States; 
                                and</DELETED>
                                <DELETED>    ``(III) such other 
                                information as the Administrator 
                                determines to be appropriate.</DELETED>
                        <DELETED>    ``(iii) Applicability.--</DELETED>
                                <DELETED>    ``(I) In general.--The 
                                performance standard under clause (ii) 
                                shall be applied on an annual average 
                                refinery-by-refinery basis to all 
                                reformulated gasoline that is sold or 
                                introduced into commerce by the 
                                refinery in a State for which the 
                                Governor waives the oxygenate 
                                requirement under subparagraph 
                                (B)(i).</DELETED>
                                <DELETED>    ``(II) More stringent 
                                requirements.--The performance standard 
                                under clause (ii) shall not apply to 
                                the extent that any requirement under 
                                section 202(l) is more stringent than 
                                the performance standard.</DELETED>
                                <DELETED>    ``(III) State standards.--
                                The performance standard under clause 
                                (ii) shall not apply in any State that 
                                has received a waiver under section 
                                209(b).</DELETED>
                                <DELETED>    ``(IV) Credit program.--
                                The Administrator shall provide for the 
                                granting of credits for exceeding the 
                                performance standard under clause (ii) 
                                in the same manner as provided in 
                                paragraph (7).</DELETED>
                        <DELETED>    ``(iv) Statutory performance 
                        standard.--</DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to subclause (III), if the regulations 
                                under clause (i)(I) have not been 
                                promulgated by the date that is 270 
                                days after the date of enactment of 
                                this subparagraph, the requirement 
                                described in subclause (II) shall be 
                                deemed to be the performance standard 
                                under clause (ii) and shall be applied 
                                in accordance with clause 
                                (iii).</DELETED>
                                <DELETED>    ``(II) Toxic air pollutant 
                                emissions.--The aggregate emissions of 
                                toxic air pollutants from baseline 
                                vehicles when using reformulated 
                                gasoline shall be 27.5 percent below 
                                the aggregate emissions of toxic air 
                                pollutants from baseline vehicles when 
                                using baseline gasoline.</DELETED>
                                <DELETED>    ``(III) Subsequent 
                                regulations.--The Administrator may 
                                modify the performance standard 
                                established under subclause (I) through 
                                promulgation of regulations under 
                                clause (i)(I).''.</DELETED>

<DELETED>SEC. 3. SALE OF GASOLINE CONTAINING MTBE.</DELETED>

<DELETED>    Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(A)--</DELETED>
                <DELETED>    (A) by inserting ``fuel or fuel additive 
                or'' after ``Administrator any''; and</DELETED>
                <DELETED>    (B) by striking ``air pollution which'' 
                and inserting ``air pollution, or water pollution, 
                that'';</DELETED>
        <DELETED>    (2) in paragraph (4)(B), by inserting ``or water 
        quality protection,'' after ``emission control,''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Determination by the administrator whether 
        to ban use of mtbe.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 4 years 
                after the date of enactment of this paragraph, the 
                Administrator shall ban use of methyl tertiary butyl 
                ether in gasoline unless the Administrator determines 
                that the use of methyl tertiary butyl ether in 
                accordance with paragraph (6) poses no substantial risk 
                to water quality, air quality, or human 
                health.</DELETED>
                <DELETED>    ``(B) Regulations concerning phase-out.--
                The Administrator may establish by regulation a 
                schedule to phase out the use of methyl tertiary butyl 
                ether in gasoline during the period preceding the 
                effective date of the ban under subparagraph 
                (A).</DELETED>
        <DELETED>    ``(6) Limitations on sale of gasoline containing 
        mtbe.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), if the Administrator makes the determination 
                described in paragraph (5), for the fourth full 
                calendar year that begins after the date of enactment 
                of this paragraph and each calendar year thereafter--
                </DELETED>
                        <DELETED>    ``(i) the quantity of gasoline 
                        sold or introduced into commerce during the 
                        calendar year by a refiner, blender, or 
                        importer of gasoline shall contain on average 
                        not more than 1 percent by volume methyl 
                        tertiary butyl ether; and</DELETED>
                        <DELETED>    ``(ii) no person shall sell or 
                        introduce into commerce any gasoline that 
                        contains more than a specified percentage by 
                        volume methyl tertiary butyl ether, as 
                        determined by the Administrator by 
                        regulation.</DELETED>
                <DELETED>    ``(B) Regulations concerning trading.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator may promulgate regulations that 
                        provide for the granting of an appropriate 
                        amount of credits to a person that refines, 
                        blends, or imports, and certifies to the 
                        Administrator, gasoline or a slate of gasoline 
                        that has a methyl tertiary butyl ether content 
                        that is less than the maximum methyl tertiary 
                        butyl ether content specified in subparagraph 
                        (A)(i).</DELETED>
                        <DELETED>    ``(ii) Use of credits.--The 
                        regulations promulgated under clause (i) shall 
                        provide that a person that is granted credits 
                        may use the credits, or transfer all or a 
                        portion of the credits to another person, for 
                        the purpose of complying with the maximum 
                        methyl tertiary butyl ether content requirement 
                        specified in subparagraph (A)(i).</DELETED>
                        <DELETED>    ``(iii) Maximum annual 
                        limitation.--The regulations promulgated under 
                        clause (i) shall ensure that the total quantity 
                        of gasoline sold or introduced into commerce 
                        during any calendar year by all refiners, 
                        blenders, or importers contains on average not 
                        more than 1 percent by volume methyl tertiary 
                        butyl ether.</DELETED>
                <DELETED>    ``(C) Temporary waiver of limitations.--
                </DELETED>
                        <DELETED>    ``(i) In general.--If the 
                        Administrator, in consultation with the 
                        Secretary of Energy, finds, on the 
                        Administrator's own motion or on petition of 
                        any person, that there is an insufficient 
                        domestic capacity to produce or import 
                        gasoline, the Administrator may, in accordance 
                        with section 307, temporarily waive the 
                        limitations imposed under subparagraph 
                        (A).</DELETED>
                        <DELETED>    ``(ii) Duration of reduction.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--A 
                                waiver under clause (i) shall remain in 
                                effect for a period of 15 days unless 
                                the Administrator, in consultation with 
                                the Secretary of Energy, finds, before 
                                the end of that period, that there is 
                                sufficient domestic capacity to produce 
                                or import gasoline.</DELETED>
                                <DELETED>    ``(II) Extension.--Upon 
                                the expiration of the 15-day period 
                                under subclause (I), the waiver may be 
                                extended for an additional 15-day 
                                period in accordance with clause 
                                (i).</DELETED>
                        <DELETED>    ``(iii) Deadline for action on 
                        petitions.--The Administrator shall act on any 
                        petition submitted under clause (i) within 7 
                        days after the date of receipt of the 
                        petition.</DELETED>
                        <DELETED>    ``(iv) Inapplicability of certain 
                        requirements.--Section 307(d) of this Act and 
                        sections 553 through 557 of title 5, United 
                        States Code, shall not apply to any action on a 
                        petition submitted under clause (i).</DELETED>
                        <DELETED>    ``(v) State authority.--At the 
                        option of a State, a waiver under clause (i) 
                        shall not apply to any area with respect to 
                        which the State has exercised authority under 
                        any other provision of law (including 
                        subparagraph (D)) to limit the sale or use of 
                        methyl tertiary butyl ether.</DELETED>
                <DELETED>    ``(D) State petitions to eliminate use of 
                mtbe.--</DELETED>
                        <DELETED>    ``(i) In general.--A State may 
                        submit to the Administrator a petition 
                        requesting authority to eliminate the use of 
                        methyl tertiary butyl ether in gasoline sold or 
                        introduced into commerce in the State in order 
                        to protect air quality, water quality, or human 
                        health.</DELETED>
                        <DELETED>    ``(ii) Deadline for action on 
                        petitions.--The Administrator shall grant or 
                        deny any petition submitted under clause (i) 
                        within 180 days after the date of receipt of 
                        the petition.''.</DELETED>

<DELETED>SEC. 4. CONVENTIONAL GASOLINE.</DELETED>

<DELETED>    (a) In General.--Section 211(k)(1) of the Clean Air Act 
(42 U.S.C. 7545(k)(1)) (as amended by section 2) is amended by adding 
at the end the following:</DELETED>
                <DELETED>    ``(D) Conventional gasoline.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        October 1, 2007--</DELETED>
                                <DELETED>    ``(I) the Administrator 
                                shall determine whether the use of 
                                conventional gasoline during the period 
                                of calendar years 2005 and 2006 
                                resulted in a greater volume of 
                                emissions of criteria air pollutants 
                                listed under section 108, and 
                                precursors of those pollutants, 
                                determined on the basis of a weighted 
                                average of those pollutants and 
                                precursors, than the volume of such 
                                emissions during the period of calendar 
                                years 1998 and 1999; and</DELETED>
                                <DELETED>    ``(II) if the 
                                Administrator determines that a 
                                significant increase in emissions 
                                occurred, the Administrator shall 
                                promulgate such regulations concerning 
                                the use of conventional gasoline as are 
                                appropriate to eliminate that 
                                increase.</DELETED>
                        <DELETED>    ``(ii) Applicability to certain 
                        states.--The Administrator shall make the 
                        determination under clause (i)(I) without 
                        regard to, and the regulations promulgated 
                        under clause (i)(II) shall not apply to, any 
                        State that has received a waiver under section 
                        209(b).''.</DELETED>
<DELETED>    (b) Elimination of Ethanol Waiver.--Section 211(h) of the 
Clean Air Act (42 U.S.C. 7545(h)) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (4); and</DELETED>
        <DELETED>    (2) by redesignating paragraph (5) as paragraph 
        (4).</DELETED>

<DELETED>SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND 
              FUEL ADDITIVES.</DELETED>

<DELETED>    Section 211(b)(2) of the Clean Air Act (42 U.S.C. 
7545(b)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``may also'' and inserting 
        ``shall, on a regular basis,''; and</DELETED>
        <DELETED>    (2) by striking subparagraph (A) and inserting the 
        following:</DELETED>
                <DELETED>    ``(A) to conduct tests to determine 
                potential public health and environmental effects of 
                the fuel or additive (including carcinogenic, 
                teratogenic, or mutagenic effects); and''.</DELETED>

<DELETED>SEC. 6. COMPREHENSIVE FUEL STUDY.</DELETED>

<DELETED>    Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (o) as subsection 
        (p); and</DELETED>
        <DELETED>    (2) by inserting after subsection (n) the 
        following:</DELETED>
<DELETED>    ``(o) Comprehensive Fuel Study.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 5 years after 
        the date of enactment of this paragraph and every 5 years 
        thereafter, the Administrator shall submit to Congress a 
        report--</DELETED>
                <DELETED>    ``(A) describing reductions in emissions 
                of criteria air pollutants listed under section 108, or 
                precursors of those pollutants, that result from 
                implementation of this section;</DELETED>
                <DELETED>    ``(B) describing reductions in emissions 
                of toxic air pollutants that result from implementation 
                of this section;</DELETED>
                <DELETED>    ``(C) in consultation with the Secretary 
                of Energy, describing reductions in greenhouse gas 
                emissions that result from implementation of this 
                section; and</DELETED>
                <DELETED>    ``(D)(i) describing regulatory options to 
                achieve reductions in the risk to public health and the 
                environment posed by fuels and fuel additives--
                </DELETED>
                        <DELETED>    ``(I) taking into account the 
                        production, handling, and consumption of the 
                        fuels and fuel additives; and</DELETED>
                        <DELETED>    ``(II) focusing on options that 
                        reduce the use of compounds or associated 
                        emission products that pose the greatest risk; 
                        and</DELETED>
                <DELETED>    ``(ii) making recommendations concerning 
                any statutory changes necessary to implement the 
                regulatory options described under clause 
                (i).</DELETED>
        <DELETED>    ``(2) Life cycle emissions analysis.--In 
        determining criteria air pollutant and greenhouse gas emission 
        reductions under paragraph (1), the Administrator shall take 
        into account the emissions resulting from the various fuels and 
        fuel additives used in the implementation of this section over 
        the entire life cycle of the fuels and fuel 
        additives.''.</DELETED>

<DELETED>SEC. 7. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED GASOLINE 
              PROGRAM.</DELETED>

<DELETED>    Section 211(k)(6) of the Clean Air Act (42 U.S.C. 
7545(k)(6)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(6) Opt-in areas.--(A) Upon'' 
        and inserting the following:</DELETED>
        <DELETED>    ``(6) Opt-in areas.--</DELETED>
                <DELETED>    ``(A) Classified areas.--</DELETED>
                        <DELETED>    ``(i) In general.--
                        Upon'';</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking ``(B) If'' 
        and inserting the following:</DELETED>
                        <DELETED>    ``(ii) Effect of insufficient 
                        domestic capacity to produce reformulated 
                        gasoline.--If'';</DELETED>
        <DELETED>    (3) in subparagraph (A)(ii) (as so redesignated)--
        </DELETED>
                <DELETED>    (A) in the first sentence, by striking 
                ``subparagraph (A)'' and inserting ``clause (i)''; 
                and</DELETED>
                <DELETED>    (B) in the second sentence, by striking 
                ``this paragraph'' and inserting ``this subparagraph''; 
                and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Nonclassified areas.--</DELETED>
                        <DELETED>    ``(i) In general.--In accordance 
                        with section 110, a State may submit to the 
                        Administrator, and the Administrator may 
                        approve, a State implementation plan revision 
                        that provides for application of the 
                        prohibition specified in paragraph (5) in any 
                        portion of the State that is not a covered area 
                        or an area referred to in subparagraph 
                        (A)(i).</DELETED>
                        <DELETED>    ``(ii) Period of effectiveness.--
                        Under clause (i), the State implementation plan 
                        shall establish a period of effectiveness for 
                        applying the prohibition specified in paragraph 
                        (5) to a portion of a State that--</DELETED>
                                <DELETED>    ``(I) commences not later 
                                than 1 year after the date of approval 
                                by the Administrator of the State 
                                implementation plan; and</DELETED>
                                <DELETED>    ``(II) ends not earlier 
                                than 4 years after the date of 
                                commencement under subclause 
                                (I).''.</DELETED>

<DELETED>SEC. 8. LEAKING UNDERGROUND STORAGE TANKS.</DELETED>

<DELETED>    (a) Use of LUST Funds for Remediation of MTBE 
Contamination.--Section 9003(h) of the Solid Waste Disposal Act (42 
U.S.C. 6991b(h)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (7)(A), by striking ``paragraphs 
        (1) and (2) of this subsection,'' and inserting ``paragraphs 
        (1), (2), and (12),''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(12) Remediation of mtbe contamination.--
        </DELETED>
                <DELETED>    ``(A) In general.--The Administrator and 
                the States may use funds made available under 
                subparagraph (B) to carry out corrective actions with 
                respect to a release of methyl tertiary butyl ether 
                that presents a risk to human health, welfare, or the 
                environment.</DELETED>
                <DELETED>    ``(B) Applicable authority.--Subparagraph 
                (A) shall be carried out--</DELETED>
                        <DELETED>    ``(i) in accordance with paragraph 
                        (2); and</DELETED>
                        <DELETED>    ``(ii) in the case of a State, in 
                        a manner consistent with a cooperative 
                        agreement entered into by the Administrator and 
                        the State under paragraph (7).</DELETED>
                <DELETED>    ``(C) Authorization of appropriations.--
                There is authorized to be appropriated from the Leaking 
                Underground Storage Tank Trust Fund to carry out 
                subparagraph (A) $200,000,000 for fiscal year 2001, to 
                remain available until expended.''.</DELETED>
<DELETED>    (b) Release Prevention.--Subtitle I of the Solid Waste 
Disposal Act (42 U.S.C. 6991 et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating section 9010 as section 9011; 
        and</DELETED>
        <DELETED>    (2) by inserting after section 9009 the 
        following:</DELETED>

<DELETED>``SEC. 9010. RELEASE PREVENTION.</DELETED>

<DELETED>    ``(a) Implementation of Preventative Measures.--The 
Administrator (or a State pursuant to section 9003(h)(7)) may use funds 
appropriated from the Leaking Underground Storage Tank Trust Fund for--
</DELETED>
        <DELETED>    ``(1) necessary expenses directly related to the 
        implementation of section 9003(h);</DELETED>
        <DELETED>    ``(2) enforcement of--</DELETED>
                <DELETED>    ``(A) this subtitle;</DELETED>
                <DELETED>    ``(B) a State program approved under 
                section 9004; or</DELETED>
                <DELETED>    ``(C) State requirements regulating 
                underground storage tanks that are similar or identical 
                to this subtitle; and</DELETED>
        <DELETED>    ``(3) inspection of underground storage 
        tanks.</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--There are 
authorized to be appropriated from the Leaking Underground Storage Tank 
Trust Fund to carry out subsection (a)--</DELETED>
        <DELETED>    ``(1) $50,000,000 for fiscal year 2001; 
        and</DELETED>
        <DELETED>    ``(2) $30,000,000 for each of fiscal years 2002 
        through 2005.''.</DELETED>
<DELETED>    (c) Technical Amendments.--</DELETED>
        <DELETED>    (1) Section 1001 of the Solid Waste Disposal Act 
        (42 U.S.C. prec. 6901) is amended by striking the item relating 
        to section 9010 and inserting the following:</DELETED>

<DELETED>``Sec. 9010. Release prevention.
<DELETED>``Sec. 9011. Authorization of appropriations.''.
        <DELETED>    (2) Section 9001(3)(A) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991(3)(A)) is amended by striking ``sustances'' 
        and inserting ``substances''.</DELETED>
        <DELETED>    (3) Section 9003(f)(1) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991b(f)(1)) is amended by striking ``subsection 
        (c) and (d) of this section'' and inserting ``subsections (c) 
        and (d)''.</DELETED>
        <DELETED>    (4) Section 9004(a) of the Solid Waste Disposal 
        Act (42 U.S.C. 6991c(a)) is amended in the first sentence by 
        striking ``referred to'' and all that follows and inserting 
        ``referred to in subparagraph (A) or (B), or both, of section 
        9001(2).''.</DELETED>
        <DELETED>    (5) Section 9005 of the Solid Waste Disposal Act 
        (42 U.S.C. 6991d) is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``study 
                taking'' and inserting ``study, taking'';</DELETED>
                <DELETED>    (B) in subsection (b)(1), by striking 
                ``relevent'' and inserting ``relevant''; and</DELETED>
                <DELETED>    (C) in subsection (b)(4), by striking 
                ``Evironmental'' and inserting 
                ``Environmental''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Reformulated Fuels Act of 
2000''.

SEC. 2. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE.

    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 later than November 15, 
                1991,''; and
            (2) by adding at the end the following:
                    ``(B) Waiver of oxygen content requirement.--
                            ``(i) Authority of the governor.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this subsection, 
                                a Governor of a State, upon 
                                notification by the Governor to the 
                                Administrator during the 90-day period 
                                beginning on the date of enactment of 
                                this subparagraph, or during the 90-day 
                                period beginning on the date on which 
                                an area in the State becomes a covered 
                                area by operation of the second 
                                sentence of paragraph (11)(D), may 
                                waive the application of paragraphs 
                                (2)(B) and (3)(A)(v) to gasoline sold 
                                or dispensed in the State.
                                    ``(II) Opt-in areas.--A Governor of 
                                a State that submits an application 
                                under paragraph (6) may, as part of 
                                that application, waive the application 
                                of paragraphs (2)(B) and (3)(A)(v) to 
                                gasoline sold or dispensed in the 
                                State.
                            ``(ii) Treatment as reformulated 
                        gasoline.--In the case of a State for which the 
                        Governor invokes the waiver described in clause 
                        (i), gasoline that complies with all provisions 
                        of this subsection other than paragraphs (2)(B) 
                        and (3)(A)(v) shall be considered to be 
                        reformulated gasoline for the purposes of this 
                        subsection.
                            ``(iii) Effective date of waiver.--A waiver 
                        under clause (i) shall take effect on the 
                        earlier of--
                                    ``(I) the date on which the 
                                performance standard under subparagraph 
                                (C) takes effect; or
                                    ``(II) the date that is 270 days 
                                after the date of enactment of this 
                                subparagraph.
                    ``(C) Maintenance of toxic air pollutant emission 
                and aromatic hydrocarbon content reductions.--
                            ``(i) In general.--As soon as practicable 
                        after the date of enactment of this 
                        subparagraph, the Administrator shall--
                                    ``(I) promulgate regulations 
                                consistent with subparagraph (A) and 
                                paragraph (3)(B)(ii) to ensure that 
                                reductions of toxic air pollutant 
                                emissions and aromatic hydrocarbon 
                                content achieved under the reformulated 
                                gasoline program under this section 
                                before the date of enactment of this 
                                subparagraph are maintained in States 
                                for which the Governor waives the 
                                oxygenate requirement under 
                                subparagraph (B)(i); or
                                    ``(II) determine that the 
                                requirement described in clause (iv)--
                                            ``(aa) is consistent with 
                                        the bases for a performance 
                                        standard described in clause 
                                        (ii); and
                                            ``(bb) shall be deemed to 
                                        be the performance standard 
                                        under clause (ii) and shall be 
                                        applied in accordance with 
                                        clause (iii).
                            ``(ii) Performance standard.--The 
                        Administrator, in regulations promulgated under 
                        clause (i)(I), shall establish an annual 
                        average performance standard based on--
                                    ``(I) compliance survey data;
                                    ``(II) the annual aggregate 
                                reductions in emissions of toxic air 
                                pollutants achieved under the 
                                reformulated gasoline program during 
                                calendar years 1998 and 1999, 
                                determined on the basis of the volume 
                                of reformulated gasoline containing 
                                methyl tertiary butyl ether that is 
                                sold throughout the United States;
                                    ``(III) the annual average aromatic 
                                hydrocarbon content of gasoline sold 
                                under the reformulated gasoline program 
                                during the 2 of the calendar years 
                                1998, 1999, and 2000 for which that 
                                content is the lowest, determined on 
                                the basis of the volume of reformulated 
                                gasoline containing methyl tertiary 
                                butyl ether that is sold throughout the 
                                United States;
                                    ``(IV) the annual average aromatic 
                                hydrocarbon content of the 10 percent 
                                of the gasoline sold under the 
                                reformulated gasoline program during 
                                the 2 calendar years described in 
                                subclause (III) for which that content 
                                is the greatest, determined on the 
                                basis of the volume of reformulated 
                                gasoline containing methyl tertiary 
butyl ether that is sold throughout the United States; and
                                    ``(V) such other information as the 
                                Administrator determines to be 
                                appropriate.
                            ``(iii) Applicability.--
                                    ``(I) In general.--The performance 
                                standards under this subparagraph shall 
                                be applied on an annual average 
                                importer or refinery-by-refinery basis 
                                to all reformulated gasoline that is 
                                sold or introduced into commerce in a 
                                State for which the Governor waives the 
                                oxygenate requirement under 
                                subparagraph (B)(i).
                                    ``(II) More stringent 
                                requirements.--The performance 
                                standards under this subparagraph shall 
                                not apply to the extent that any 
                                requirement under section 202(l) is 
                                more stringent than the performance 
                                standard.
                                    ``(III) State standards.--The 
                                performance standards under this 
                                subparagraph shall not apply in any 
                                State that has received a waiver under 
                                section 209(b).
                                    ``(IV) Credit program.--The 
                                Administrator shall provide for the 
                                granting of credits for exceeding the 
                                performance standards under this 
                                subparagraph in the same manner as 
                                provided in paragraph (7).
                            ``(iv) Statutory performance standard.--
                                    ``(I) In general.--Subject to 
                                subclause (IV), if the regulations 
                                under clause (i)(I) have not been 
                                promulgated by the date that is 270 
                                days after the date of enactment of 
                                this subparagraph, the requirement 
                                described in subclause (II) shall be 
                                deemed to be the performance standard 
                                under clause (ii) and shall be applied 
                                in accordance with clause (iii).
                                    ``(II) Toxic air pollutant 
                                emissions.--The aggregate emissions of 
                                toxic air pollutants from baseline 
                                vehicles when using reformulated 
                                gasoline shall be 27.5 percent below 
                                the aggregate emissions of toxic air 
                                pollutants from baseline vehicles when 
                                using baseline gasoline.
                                    ``(III) Aromatic hydrocarbon 
                                content.--
                                            ``(aa) Annual average.--The 
                                        annual average aromatic 
                                        hydrocarbon content of 
                                        reformulated gasoline shall not 
                                        exceed 26 percent by volume.
                                            ``(bb) Maximum per 
                                        gallon.--No gallon of 
                                        reformulated gasoline shall 
                                        have an aromatic hydrocarbon 
                                        content in excess of 45 
                                        percent.
                                            ``(cc) Alternative 
                                        requirement.--The requirements 
                                        under items (aa) and (bb) shall 
                                        be deemed to be met if no 
                                        gallon of reformulated gasoline 
                                        has an aromatic hydrocarbon 
                                        content in excess of 30 
                                        percent.
                                    ``(IV) Subsequent regulations.--The 
                                Administrator may modify the 
                                performance standard established under 
                                subclause (I) through promulgation of 
                                regulations under clause (i)(I).''.

SEC. 3. AUTHORITY FOR WATER QUALITY PROTECTION FROM FUELS.

    (a) In General.--Section 211(c) of the Clean Air Act (42 U.S.C. 
7545(c)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by inserting ``fuel or fuel additive or'' after 
                ``Administrator any''; and
                    (B) by striking ``air pollution which'' and 
                inserting ``air pollution, or water pollution, that'';
            (2) in paragraph (4)(B), by inserting ``or water quality 
        protection,'' after ``emission control,''; and
            (3) by adding at the end the following:
            ``(5) Ban on the use of mtbe.--
                    ``(A) In general.--Not later than 4 years after the 
                date of enactment of this paragraph, the Administrator 
                shall ban use of methyl tertiary butyl ether in 
                gasoline.
                    ``(B) Regulations concerning phase-out.--The 
                Administrator may establish by regulation a schedule to 
                phase out the use of methyl tertiary butyl ether in 
gasoline during the period preceding the effective date of the ban 
under subparagraph (A).''.
    (b) No Effect on Law Regarding State Authority.--The amendments 
made by subsection (a) have no effect on the law in effect on the day 
before the date of enactment of this Act regarding the authority of 
States to limit the use of methyl tertiary butyl ether in gasoline.

SEC. 4. EXCLUSION FROM REID VAPOR PRESSURE REQUIREMENT.

    Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is 
amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) Exclusion from reid vapor pressure requirement.--
        Notwithstanding subsection (c)(4)(C), the Administrator may 
        approve a revision of a State implementation plan that excludes 
        an area from a waiver provided under subsection (h)(4) if--
                    ``(A) the State demonstrates that the increases in 
                volatile organic compound emissions resulting from the 
                waiver significantly interfere with attainment or 
                maintenance of the national ambient air quality 
                standard for ozone; and
                    ``(B) the Administrator determines that the 
                exclusion is reasonable and practicable.''.

SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL 
              ADDITIVES.

    Section 211(b)(2) of the Clean Air Act (42 U.S.C. 7545(b)(2)) is 
amended--
            (1) by striking ``may also'' and inserting ``shall, on a 
        regular basis,''; and
            (2) 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''.

SEC. 6. CLEAN ALTERNATIVE FUEL PROGRAM.

    (a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended--
            (1) by redesignating subsection (o) as subsection (q); and
            (2) by inserting after subsection (n) the following:
    ``(o) Clean Alternative Fuel Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Bin 1 vehicle.--The term `bin 1 vehicle' 
                means--
                            ``(i) a light-duty motor vehicle that does 
                        not exceed the standards for bin no. 1 
                        specified in table S04-1 of section 86.1811-04 
                        of title 40, Code of Federal Regulations 
                        (published at 65 Fed. Reg. 6855 on February 10, 
                        2000); and
                            ``(ii) a heavy-duty motor vehicle that does 
                        not exceed standards equivalent to the 
                        standards described in clause (i), as 
                        determined by the Administrator by regulation.
                    ``(B) Bin 2 vehicle.--The term `bin 2 vehicle' 
                means--
                            ``(i) a light-duty motor vehicle that does 
                        not exceed the standards for bin no. 2 
                        specified in table S04-1 of section 86.1811-04 
                        of title 40, Code of Federal Regulations 
                        (published at 65 Fed. Reg. 6855 on February 10, 
                        2000); and
                            ``(ii) a heavy-duty motor vehicle that 
                        emits not more than 50 percent of the allowable 
                        emissions of air pollutants under the most 
                        stringent standards applicable to heavy-duty 
                        motor vehicles, as determined by the 
                        Administrator by regulation.
                    ``(C) Biomass ethanol.--The term `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 commodities and 
                        residues;
                            ``(vi) fibers;
                            ``(vii) animal wastes and other waste 
                        materials; and
                            ``(viii) municipal solid waste.
                    ``(D) Clean alternative fuel.--The term `clean 
                alternative fuel' means--
                            ``(i) renewable fuel;
                            ``(ii) credit for motor vehicle fuel used 
                        to operate a bin 1 vehicle, as generated under 
                        paragraph (5)(A)(ii); and
                            ``(iii) credit for motor vehicle fuel used 
                        to operate a bin 2 vehicle, as generated under 
                        paragraph (5)(A)(ii).
                    ``(E) Renewable fuel.--
                            ``(i) In general.--The term `renewable 
                        fuel' means motor vehicle fuel that--
                                    ``(I)(aa) is produced from grain, 
                                starch, oilseeds, 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 biomass ethanol.
            ``(2) Clean alternative fuel program.--
                    ``(A) Clean alternative fuel requirements.--The 
                motor vehicle fuel sold or introduced into commerce in 
                the United States in calendar year 2008 or any calendar 
                year thereafter by a refiner, blender, or importer 
                shall, on a 6-month average basis, be comprised of a 
                quantity of clean alternative fuel, measured in 
                gasoline-equivalent gallons (as determined by the 
                Secretary of Energy), that is not less than the 
                applicable percentage by volume for the 6-month period.
                    ``(B) Applicable percentage.--For the purposes of 
                subparagraph (A), the applicable percentage for a 6-
                month period of a calendar year shall be determined in 
                accordance with the following table:

                                                  Applicable percentage
``Calendar year:                             of clean alternative fuel:
    2008..........................................                 1.2 
    2009..........................................                 1.3 
    2010..........................................                 1.4 
    2011 and thereafter...........................                 1.5.
            ``(3) Transition program.--
                    ``(A) Renewable fuel requirements.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), all motor vehicle fuel sold or introduced 
                        into commerce in the United States in any of 
                        calendar years 2002 through 2007 by a refiner, 
                        blender, or importer shall contain, on a 6-
                        month average basis, a quantity of renewable 
                        fuel, measured in gasoline-equivalent gallons 
                        (as determined by the Secretary of Energy), 
                        that is not less than the applicable percentage 
by volume for the 6-month period.
                            ``(ii) Applicable percentage.--For the 
                        purposes of clause (i), the applicable 
                        percentage for a 6-month period of a calendar 
                        year shall be determined in accordance with the 
                        following table:

                                                  Applicable percentage
``Calendar year:                                     of renewable fuel:
    2002..........................................                 0.6 
    2003..........................................                 0.7 
    2004..........................................                 0.8 
    2005..........................................                 0.9 
    2006..........................................                 1.0 
    2007..........................................                 1.1.
                    ``(B) Credit for motor vehicle fuel used to operate 
                bin 1 vehicles or bin 2 vehicles.--Credit for motor 
                vehicle fuel used to operate bin 1 vehicles or bin 2 
                vehicles, as generated under paragraph (5)(A)(ii), may 
                be used to meet not more than 10 percent of the 
                renewable fuel requirement under subparagraph (A).
            ``(4) Biomass ethanol.--For the purposes of paragraphs (2) 
        and (3), 1 gallon of biomass ethanol shall be considered to be 
        the equivalent of 1.5 gallons of renewable fuel.
            ``(5) Credit program.--
                    ``(A) In general.--The regulations promulgated to 
                carry out this subsection shall provide for the 
                generation of an appropriate amount of credits by--
                            ``(i) a person that refines, blends, or 
                        imports motor vehicle fuel that contains, on a 
                        6-month average basis, a quantity of clean 
                        alternative fuel or renewable fuel that is 
                        greater than the quantity required for that 6-
                        month period under paragraph (2) or (3), 
                        respectively; and
                            ``(ii) a person that manufactures bin 1 
                        vehicles or bin 2 vehicles.
                    ``(B) Calculation of credits.--In determining the 
                appropriate amount of credits generated by a vehicle 
                manufacturer under subparagraph (A)(ii), the 
                Administrator, in consultation with the Secretary of 
                Energy, shall give priority to the extent to which bin 
                1 vehicles or bin 2 vehicles, as compared to vehicles 
                that are not bin 1 vehicles or bin 2 vehicles but are 
                similar in size, weight, and other appropriate 
                factors--
                            ``(i) use innovative or advanced 
                        technology;
                            ``(ii) result in less petroleum 
                        consumption; and
                            ``(iii) are efficient in their use of 
                        petroleum or other form of energy.
                    ``(C) Use of credits.--
                            ``(i) In general.--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) or (3).
                            ``(ii) Use of vehicle manufacturer credits 
                        to provide non-federal contributions under 
                        other law.--Credits generated under 
                        subparagraph (A)(ii) and transferred to a 
                        person, nonprofit entity, or local government 
                        may be used to provide any portion of--
                                    ``(I) the non-Federal share 
                                required for an alternative fuel 
                                project under section 149(e)(4) of 
                                title 23, United States Code; or
                                    ``(II) a voluntary supply 
                                commitment under section 505 of the 
                                Energy Policy Act of 1992 (42 U.S.C. 
                                13255).
                    ``(D) Expiration of credits.--A credit generated 
                under this paragraph shall expire 1 year after the date 
                on which the credit was generated.
            ``(6) 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) or (3) in whole or in part on petition by 
                a State or States by reducing the national quantity of 
                clean alternative fuel required under this subsection--
                            ``(i) based on a determination by the 
                        Administrator, after public notice and 
                        opportunity for comment, that implementation of 
                        the requirements 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 or distribution 
                        capacity to meet the requirements.
                    ``(B) Petitions for waivers.--The Administrator, in 
                consultation with the Secretary of Agriculture and the 
                Secretary of Energy--
                            ``(i) shall approve or deny a State 
                        petition for a waiver of the requirements of 
                        paragraph (2) or (3) within 180 days after the 
                        date on which the petition is received; but
                            ``(ii) may extend that period for up to 60 
                        additional days to provide for public notice 
                        and opportunity for comment and for 
                        consideration of the comments submitted.
                    ``(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.
                    ``(D) Oxygen content waivers.--The grant or denial 
                of a waiver under subsection (k)(2)(B) shall not affect 
                the requirements of this subsection.
            ``(7) Small refiners.--The Administrator may provide an 
        exemption from the requirements of paragraph (2) or (3), in 
        whole or in part, for small refiners (as defined by the 
        Administrator).
            ``(8) Regulations.--Not later than 270 days after the date 
        of enactment of this paragraph, the Administrator shall 
        promulgate regulations to carry out this subsection.''.
    (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)''.

SEC. 7. 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 so redesignated)--
                    (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) Nonclassified areas.--
                            ``(i) In general.--In accordance with 
                        section 110, a State may submit to the 
                        Administrator, and the Administrator may 
                        approve, a State implementation plan revision 
                        that provides for application of the 
                        prohibition specified in paragraph (5) in any 
                        portion of the State that is not a covered area 
                        or an area referred to in subparagraph (A)(i).
                            ``(ii) Period of effectiveness.--Under 
                        clause (i), the State implementation plan shall 
                        establish a period of effectiveness for 
                        applying the prohibition specified in paragraph 
                        (5) to a portion of a State that--
                                    ``(I) commences not later than 1 
                                year after the date of approval by the 
                                Administrator of the State 
                                implementation plan; and
                                    ``(II) ends not earlier than 4 
                                years after the date of commencement 
                                under subclause (I).''.

SEC. 8. LEAKING UNDERGROUND STORAGE TANKS.

    (a) Use of LUST Funds for Remediation of MTBE Contamination.--
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is 
amended--
            (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 inserting ``and section 9010(a)'' before 
                ``if''; and
            (2) by adding at the end the following:
            ``(12) Remediation of mtbe contamination.--
                    ``(A) In general.--The Administrator and the States 
                may use funds made available under section 9011(1) to 
                carry out corrective actions with respect to a release 
                of methyl tertiary butyl ether that presents a threat 
                to human health, welfare, or the environment.
                    ``(B) Applicable authority.--Subparagraph (A) shall 
                be carried out--
                            ``(i) in accordance with paragraph (2); and
                            ``(ii) in the case of a State, in 
                        accordance with a cooperative agreement entered 
                        into by the Administrator and the State under 
                        paragraph (7).''.
    (b) Release Prevention and Compliance.--Subtitle I of the Solid 
Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended by striking 
section 9010 and inserting the following:

``SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.

    ``Funds made available under section 9011(2) from the Leaking 
Underground Storage Tank Trust Fund may be used for conducting 
inspections, or for issuing orders or bringing actions under this 
subtitle--
            ``(1) by a State (pursuant to section 9003(h)(7)) acting 
        under--
                    ``(A) a program approved under section 9004; or
                    ``(B) State requirements regulating underground 
                storage tanks that are similar or identical to this 
                subtitle; and
            ``(2) by the Administrator, acting under this subtitle or a 
        State program approved under section 9004.

``SEC. 9011. AUTHORIZATION OF APPROPRIATIONS.

    ``In addition to amounts made available under section 2007(f), 
there are authorized to be appropriated from the Leaking Underground 
Storage Tank Trust Fund--
            ``(1) to carry out section 9003(h)(12), $200,000,000 for 
        fiscal year 2001, to remain available until expended; and
            ``(2) to carry out section 9010--
                    ``(A) $50,000,000 for fiscal year 2001; and
                    ``(B) $30,000,000 for each of fiscal years 2002 
                through 2006.''.
    (c) Technical Amendments.--
            (1) Section 1001 of the Solid Waste Disposal Act (42 U.S.C. 
        prec. 6901) is amended by striking the item relating to section 
        9010 and inserting the following:

``Sec. 9010. Release prevention and compliance.
``Sec. 9011. Authorization of appropriations.''.
            (2) Section 9001(3)(A) of the Solid Waste Disposal Act (42 
        U.S.C. 6991(3)(A)) is amended by striking ``sustances'' and 
        inserting ``substances''.
            (3) Section 9003(f)(1) of the Solid Waste Disposal Act (42 
        U.S.C. 6991b(f)(1)) is amended by striking ``subsection (c) and 
        (d) of this section'' and inserting ``subsections (c) and 
        (d)''.
            (4) Section 9004(a) of the Solid Waste Disposal Act (42 
        U.S.C. 6991c(a)) is amended in the second sentence by striking 
        ``referred to'' and all that follows and inserting ``referred 
        to in subparagraph (A) or (B), or both, of section 9001(2).''.
            (5) Section 9005 of the Solid Waste Disposal Act (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''.

SEC. 9. ANALYSES OF MOTOR VEHICLE FUEL CHANGES AND ADDITIONAL 
              PERFORMANCE REQUIREMENTS.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
inserting before subsection (q) (as redesignated by section 6(a)(1)) 
the following:
    ``(p) Analyses of Motor Vehicle Fuel Changes and Additional 
Performance Requirements.--
            ``(1) Anti-backsliding analysis and regulations.--
                    ``(A) Analysis.--
                            ``(i) Draft analysis.--Not later than 4 
                        years after the date of enactment of this 
                        subsection, 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 Federal Reformulated 
                        Fuels Act of 2000.
                            ``(ii) Final analysis.--After providing a 
                        reasonable opportunity for comment but not 
                        later than 5 years after the date of enactment 
                        of this subsection, the Administrator shall 
                        publish the analysis in final form.
                    ``(B) Additional performance requirements.--
                            ``(i) Proposed regulations.--Not later than 
                        6 years after the date of enactment of this 
                        subsection, the Administrator shall publish 
proposed regulations establishing performance requirements that are 
adequate, at a minimum, to ensure that, as compared with emissions due 
to the use of motor vehicle fuel and fuel additives during the period 
of 1998 through 2000, emissions due to the use of motor vehicle fuel 
and fuel additives will not--
                                    ``(I) be significantly greater on a 
                                per-gallon average basis in any region; 
                                or
                                    ``(II) cause air quality to be 
                                significantly worse in any region.
                            ``(ii) Final regulations.--After providing 
                        a reasonable opportunity for comment but not 
                        later than 7 years after the date of enactment 
                        of this subsection, the Administrator shall 
                        promulgate the regulations in final form.
                            ``(iii) Deadline for compliance.--The 
                        regulations shall require compliance as 
                        expeditiously as practicable, taking into 
                        account costs and lead time necessary to ensure 
                        the availability of a reliable and adequate 
                        motor vehicle fuel supply.
            ``(2) Mobile source title analysis and regulations.--
                    ``(A) Analysis.--
                            ``(i) Draft analysis.--Not later than 7 
                        years after the date of enactment of this 
                        subsection, the Administrator shall publish for 
                        public comment a draft analysis of the effects 
                        of motor vehicle fuel and fuel additives on 
                        public health and the environment, including 
                        the changes in fuel and fuel additives 
                        resulting from implementation of the Federal 
                        Reformulated Fuels Act of 2000.
                            ``(ii) Final analysis.--After providing a 
                        reasonable opportunity for comment but not 
                        later than 8 years after the date of enactment 
                        of this subsection, the Administrator shall 
                        publish the analysis in final form.
                    ``(B) Additional performance requirements.--
                            ``(i) Proposed regulations.--Not later than 
                        9 years after the date of enactment of this 
                        subsection, the Administrator shall publish 
                        proposed regulations establishing performance 
                        requirements for motor vehicle fuel and fuel 
                        additives, the use of motor vehicle fuel and 
                        fuel additives, and motor vehicles that are 
                        necessary--
                                    ``(I) to ensure adequate protection 
                                of public health and the environment; 
                                and
                                    ``(II) to achieve specific 
                                reductions in the use of compounds or 
                                associated emission products that pose 
                                the greatest risk to human health.
                            ``(ii) Final regulations.--After providing 
                        a reasonable opportunity for comment but not 
                        later than 10 years after the date of enactment 
                        of this subsection, the Administrator shall 
                        promulgate the regulations in final form.
                            ``(iii) Deadline for compliance.--The 
                        regulations shall require compliance as 
                        expeditiously as practicable, taking into 
                        account costs and lead time necessary to ensure 
                        the availability of a reliable and adequate 
                        motor vehicle fuel supply.
            ``(3) Life cycle analysis.--In conducting the analyses 
        under paragraphs (1) and (2), the Administrator shall take into 
        account the effects of motor vehicle fuel and fuel additives on 
        public health and the environment over the entire life cycle of 
        the production, distribution, and use of motor vehicle fuel and 
        fuel additives evaluated in the analyses.
            ``(4) Emissions model.--For the purposes of this 
        subsection, as soon as the necessary data are available, the 
        Administrator shall develop and finalize an emissions model 
        that reasonably reflects the effects of fuel characteristics or 
        components on emissions from vehicles in the motor vehicle 
        fleet during calendar year 2005.''.




                                                       Calendar No. 845

106th CONGRESS

  2d Session

                                S. 2962

                          [Report No. 106-426]

_______________________________________________________________________

                                 A BILL

   To amend the Clean Air Act to address problems concerning methyl 
             tertiary butyl ether, and for other purposes.

_______________________________________________________________________

           September 28 (legislative day, September 22), 2000

                       Reported with an amendment