[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 20 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 20
To amend section 211 of the Clean Air Act to modify the provisions
regarding the oxygen content of reformulated gasoline and to improve
the regulation of the fuel additive, methyl tertiary butyl ether
(MTBE), and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Greenwood introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend section 211 of the Clean Air Act to modify the provisions
regarding the oxygen content of reformulated gasoline and to improve
the regulation of the fuel additive, methyl tertiary butyl ether
(MTBE), 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. WAIVER OF OXYGEN CONTENT REQUIREMENTS.
Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended
by adding the following new paragraph at the end:
``(11) Waiver of oxygen content requirement.--
``(A) In general.--Upon petition to the
Administrator by the Governor of a State, the
Administrator shall waive any oxygen content
requirement in effect under this subsection for that
State.
``(B) Action by environmental protection agency.--
Not later than 270 days after the date of receipt of a
petition submitted under subparagraph (A), the
Administrator shall grant the waiver of the oxygen
content requirement requested in the petition. If, by
the date that is 270 days after the date of receipt of
such a petition, the Administrator has not granted the
petition, the petition shall be deemed to be granted.
The waiver under this subparagraph shall take effect on
the date 90 days after the petition is granted or
deemed granted unless the Administrator establishes an
earlier effective date.
``(C) Special rule.--The oxygen content requirement
in effect under this subsection shall not apply to a
State referred to in subsection (c)(4)(B).''.
SEC. 2. CONTROL OF OXYGENATES.
(a) EPA Authority.--(1) Section 211(c)(1) of the Clean Air Act (42
U.S.C. 7545(c)(1)) is amended by inserting ``(A)'' after ``(1)'' by
redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and by
adding the following at the end thereof:
``(B) The Administrator may, by regulation, control or prohibit the
use of any oxygenate (including methyl tertiary butyl ether, `MTBE') as
a fuel, or fuel additive for fuel, for use in a motor vehicle, motor
vehicle engine, or nonroad engine or nonroad vehicle if in the judgment
of the Administrator such oxygenate causes or contributes to
contamination of drinking water which may reasonably be anticipated to
endanger public health, welfare, or the environment in the United
States.''.
(2) Section 211(c)(2)(A) of such Act (42 U.S.C. 7545(c)(2)(A)) is
amended by inserting ``(i) of subparagraph'' before ``(A) of
paragraph''.
(3) Section 211(c)(2)(B) of such Act (42 U.S.C. 7545(c)(2)(B)) is
amended by striking ``(B)'' and inserting ``(ii) of subparagraph (A)''.
(4) Section 211(c)(2)(C) of such Act (42 U.S.C. 7545(c)(2)(C)) is
amended by inserting ``clause (i) or (ii) of subparagraph (A) of''
before ``paragraph (1)''.
(5) Section 211(c)(2) of such Act (42 U.S.C. 7545(c)(2)) is amended
by adding the following at the end thereof:
``(D) If the Administrator seeks to control or prohibit the use of
any oxygenate under subparagraph (B) of paragraph (1), the
Administrator shall take into account information as to whether such
control or prohibition will affect the use of any other oxygenate in a
manner which may reasonably be anticipated to endanger public health,
welfare, or the environment in the United States.''.
(b) MTBE Levels.--Section 211(c) of the Clean Air Act (42 U.S.C.
7545(c)) is amended by adding the following at the end thereof:
``(5) MTBE levels.--Within 1 year after the enactment of this
paragraph, the Administrator shall promulgate regulations to require
that, for the calendar year beginning January 1, 2005, and for each
calendar year thereafter, the annual volume of methyl tertiary butyl
ether (MTBE) manufactured or introduced into commerce in a calendar
year in the United States for use as a fuel, or fuel additive for fuel,
for use in a motor vehicle, motor vehicle engine, or nonroad engine or
nonroad vehicle shall not exceed the average annual volume of MTBE
estimated by the Administrator to have been manufactured or introduced
into commerce in calendar years 1986 through 1991 in the United States
for use as a fuel or fuel additive for fuel, for use in a motor
vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle.
The regulations under this paragraph may include regulations regarding
the quantity of MTBE on a per-gallon basis or annual average basis
provided that such an annual average standard has associated with it a
per-gallon maximum standard.''.
(c) State Authority.--Section 211(c)(4) of the Clean Air Act (42
U.S.C. 7545(c)(4)) is amended by adding the following at the end:
``(D) The Administrator may permit any State to prescribe and
enforce controls or prohibitions on the use of methyl tertiary butyl
ether (MTBE) as a fuel additive in fuel offered for sale, or sold, at
retail in a calendar year in that State in order to reduce the volume
of MTBE offered for sale, or sold, at retail in that State to levels
below the levels estimated by the State to be offered for sale, or
sold, at retail in that State under paragraph (1)(B) or (5). The
Administrator may also permit any such State to establish such controls
or prohibitions on MTBE on a more expeditious schedule than required
under paragraph (1)(B) or (5). Any State seeking additional controls
or prohibitions or a more expeditious schedule under this subparagraph
shall submit a petition to the Administrator. The Administrator may
only grant such a petition if the Administrator finds that the controls
on MTBE in effect under paragraph (1)(B) or (5) will not prevent MTBE
from causing or contributing to air pollution in that State, or
contamination of drinking water in that State, which may reasonably be
anticipated to endanger public health, welfare, or the environment. No
State may submit such a petition to the Administrator before the date 1
year after the enactment of this subparagraph. The Administrator shall
act on such petitions within 180 days of receipt. No State referred to
in subparagraph (B) shall be subject to the requirements of this
subparagraph.
``(E) Subparagraph (D) shall not limit the authority of any State
under any other provision of law to prescribe and enforce any control
or prohibition on the use of methyl tertiary butyl ether (MTBE) as a
fuel additive.''.
SEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS.
(a) Toxic Air Pollutants.--Section 211(k)(3) of the Clean Air Act
(42 U.S.C. 7545(k)(3)) is amended by adding the following at the end:
``(C) Maintaining toxic control benefits in oxygen
waiver areas.--(i) Not later than 90 days after the
date of enactment of this subparagraph, the
Administrator shall propose, and not later than later
than 270 days after the enactment of this subparagraph,
promulgate, regulations under this subparagraph
(consistent with section 211(k)(3)(B)(ii) of the Clean
Air Act) establishing regional performance standards to
ensure that the levels of reductions of toxic air
pollutants achieved under the Reformulated Gasoline
Program in effect under this subsection are maintained
in areas where the oxygen content requirement is waived
under paragraph (11).
``(ii) For purposes of establishing regional
performance standards under this subparagraph, the
Administrator shall determine the reductions of toxic
air pollutants achieved under the Reformulated Gasoline
Program in effect under this subsection on average in
calendar years 1998 and 1999 in various regions
selected, in consultation with the Secretary of Energy.
Such regions shall be selected on the basis of the
existing gasoline distribution and supply network to
the extent practicable. The Administrator's
determination shall be based on compliance survey data,
other appropriate and reliable data and the
Environmental Protection Agency's existing Phase II
complex model.
``(iii) The Administrator shall convert the average
air toxic reductions, calculated as described in clause
(ii), into annual average regional performance
standards. Such regional performance standards shall
apply to reformulated gasoline to be sold, or offered
for sale, or introduced into commerce in areas where
the oxygen content requirement is waived under
paragraph (11).
``(iv) The performance standards under this
subparagraph shall not apply to the extent that
regulations under this Act (including the Environmental
Protection Agency's existing Phase II Reformulated
Gasoline air toxics performance standards, or
regulations promulgated under section 202(l)) are more
stringent than such performance standards. The
performance standards under this subparagraph shall not
apply in any State referred to in section 211(c)(4)(B).
``(v) Pending promulgation of regulations under
this subparagraph, the Environmental Protection
Agency's Phase II Reformulated Gasoline complex model
toxic performance standards shall apply in areas where
the oxygen content requirement is waived under
paragraph (11).''.
(b) Criteria Air Pollutants.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended by adding at the end the following:
``(p) Conventional Gasoline.--
``(1) In general.--Not later than October 1, 2007--
``(A) 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, determined on the basis of a
weighted average of those pollutants, than the volume
of such emissions during the period of calendar years
1998 and 1999; and
``(B) if the Administrator determines that a
significant increase in emissions occurred, the
Administrator shall promulgate such regulations under
subsection (c) concerning the use of conventional
gasoline as are appropriate regarding that increase.
``(2) Applicability to certain states.--The Administrator
shall make the determination under paragraph (1)(A) without
regard to, and the regulations promulgated under paragraph
(1)(B) shall not apply to, any State that has received a waiver
under section 209(b).''.
SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY.
Any regulation or modification of fuel properties promulgated by,
or approved by the Administrator of the Environmental Protection Agency
under the amendments made by this Act, shall take into account the need
to provide lead time for refinery and fuel distribution system
modifications necessary to assure adequate fuel supply for all States.
Such regulation or modification shall include provisions for the
banking and trading of allowances within, but not between, the regions
referred to in section 211(k)(3)(C) of the Clean Air Act.
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