[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 670 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 670

  To amend the Clean Air Act to eliminate methyl tertiary butyl ether 
 from the United States fuel supply and to increase production and use 
                  of ethanol, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2001

Mr. Daschle (for himself and Mr. Lugar) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to eliminate methyl tertiary butyl ether 
 from the United States fuel supply and to increase production and use 
                  of ethanol, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Fuels Act of 2001''.

SEC. 2. OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE.

    (a) In General.--
            (1) EPA regulations.--Section 211(k)(1) of the Clean Air 
        Act (42 U.S.C. 7545(k)(1)) is amended--
                    (A) 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
                    (B) by adding at the end the following:
                    ``(B) 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; or
                                    ``(II) determine that the 
                                requirements described in clause (iv)--
                                            ``(aa) are 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.--
                                    ``(I) In general.--Not later than 
                                March 1, 2002, the Administrator shall 
                                promulgate regulations under clause 
                                (i)(I) to revise the performance 
                                standard under paragraph (3)(B) as 
                                necessary to ensure that--
                                            ``(aa) the ozone-forming 
                                        potential, taking into account 
                                        all ozone precursors (including 
                                        volatile organic compounds, 
                                        oxides of nitrogen, and carbon 
                                        monoxide), of the aggregate 
                                        emissions during the high ozone 
                                        season (as determined by the 
                                        Administrator) from baseline 
                                        vehicles when using 
                                        reformulated gasoline does not 
                                        exceed the ozone-forming 
                                        potential of the aggregate 
                                        emissions during the high ozone 
                                        season from baseline vehicles 
                                        when using reformulated 
                                        gasoline that complies with the 
                                        regulations that were in effect 
                                        on January 1, 2000, and were 
                                        applicable to reformulated 
                                        gasoline sold in calendar year 
                                        2000 and subsequent calendar 
                                        years; and
                                            ``(bb) the aggregate 
                                        emissions of the pollutants 
                                        specified in subclause (II) 
                                        from baseline vehicles when 
                                        using reformulated gasoline do 
                                        not exceed the aggregate 
                                        emissions of those pollutants 
                                        from baseline vehicles when 
                                        using reformulated gasoline 
                                        that complies with the 
                                        regulations that were in effect 
                                        on January 1, 2000, and were 
                                        applicable to reformulated 
                                        gasolines sold in calendar year 
                                        2000 and subsequent calendar 
                                        years.
                                    ``(II) Specified pollutants.--The 
                                pollutants specified in this subclause 
                                are--
                                            ``(aa) toxics, categorized 
                                        by degrees of toxicity; and
                                            ``(bb) such other 
                                        pollutants, including 
                                        pollutants regulated under 
                                        section 108, and such 
                                        precursors to those pollutants, 
                                        as the Administrator determines 
                                        by regulation should be 
                                        controlled to prevent the 
                                        deterioration of air quality 
                                        and to achieve attainment of a 
                                        national ambient air quality 
                                        standard in 1 or more areas.
                            ``(iii) Applicability.--
                                    ``(I) More stringent 
                                requirements.--The performance standard 
                                under this subparagraph shall not apply 
                                to the extent that any requirement 
                                under section 202(l) is more stringent 
                                than the performance standard.
                                    ``(II) State standards.--The 
                                performance standard under this 
                                subparagraph shall not apply in any 
                                State that has received a waiver under 
                                section 209(b).
                                    ``(III) Credit program.--The 
                                Administrator shall provide for the 
                                granting of credits for exceeding the 
                                performance standard 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 requirements 
                                described in subclauses (II) and (III) 
                                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 22 percent by volume.
                                            ``(bb) Maximum per 
                                        gallon.--No gallon of 
                                        reformulated gasoline shall 
                                        have an aromatic hydrocarbon 
                                        content in excess of 36 
                                        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).''.
            (2) General requirements for aromatics.--Section 211(k)(2) 
        of the Clean Air Act (42 U.S.C. 7545(k)(2)) is amended by 
        adding at the end the following:
                    ``(E) Aromatics.--The aromatic hydrocarbon content 
                of the gasoline shall not exceed 25 percent by 
                volume.''.
            (3) Formula.--Section 211(k)(3)(A) of the Clean Air Act (42 
        U.S.C. 7545(k)(3)(A)) is amended by adding at the end the 
        following:
                            ``(vi) Distillation index.--The 
                        distillation index shall not exceed 1200.''.
            (4) Certification; equivalency.--Section 211(k)(4)(B) of 
        the Clean Air Act (42 U.S.C. 7545(k)(4)(B)) is amended--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and indenting 
                appropriately to reflect the amendments made by this 
                paragraph;
                    (B) by striking ``The Administrator'' and inserting 
                the following:
                            ``(i) In general.--The Administrator'';
                    (C) in clause (i) (as designated by subparagraph 
                (B))--
                            (i) in subclause (I) (as redesignated by 
                        subparagraph (A)), by striking ``, and'' and 
                        inserting a semicolon;
                            (ii) in subclause (II) (as redesignated by 
                        subparagraph (A))--
                                    (I) by striking ``achieve 
                                equivalent'' and inserting the 
                                following: ``achieve--
                                            ``(aa) equivalent'';
                                    (II) by striking the period at the 
                                end and inserting ``; or''; and
                                    (III) by adding at the end the 
                                following:
                                            ``(bb) combined reductions 
                                        in emissions of ozone forming 
                                        volatile organic compounds and 
                                        carbon monoxide that result in 
                                        a reduction in ozone 
                                        concentration, as provided in 
                                        clause (ii)(I), that is 
                                        equivalent to or greater than 
                                        the reduction in ozone 
                                        concentration achieved by a 
                                        reformulated gasoline meeting 
                                        the applicable requirements of 
                                        paragraph (1)(B)(ii); and''; 
                                        and
                            (iii) by adding at the end the following:
                                    ``(III) achieve equivalent or 
                                greater reductions in emissions of 
                                toxic air pollutants than are achieved 
                                by a reformulated gasoline meeting the 
                                applicable requirements of paragraph 
                                (1)(B)(ii).''; and
                    (D) by adding at the end the following:
                            ``(ii) Carbon monoxide credit.--
                                    ``(I) In general.--In determining 
                                whether a fuel formulation or slate of 
                                fuel formulations achieves combined 
                                reductions in emissions of ozone 
                                forming volatile organic compounds and 
                                carbon monoxide that result in a 
                                reduction in ozone concentration that 
                                is equivalent to or greater than the 
                                reduction in ozone concentration 
                                achieved by a reformulated gasoline 
                                meeting the applicable requirements of 
                                paragraph (1)(B)(ii), the 
                                Administrator--
                                            ``(aa) shall consider, to 
                                        the extent appropriate, the 
                                        change in carbon monoxide 
                                        emissions from baseline 
                                        vehicles attributable to an 
                                        oxygen content in the fuel 
                                        formulation or slate of fuel 
                                        formulations that exceeds 2.0 
                                        percent by weight; and
                                            ``(bb) may consider, to the 
                                        extent appropriate, the change 
                                        in carbon monoxide emissions 
                                        described in item (aa) from 
                                        vehicles other than baseline 
                                        vehicles.
                                    ``(II) Oxygen credits.--Any excess 
                                oxygen content that is taken into 
                                consideration in making a determination 
                                under subclause (I) may not be used to 
                                generate credits under paragraph 
                                (7)(A).
                                    ``(III) Relation to title i.--Any 
                                fuel formulation or slate of fuel 
                                formulations that is certified as 
                                equivalent or greater under this 
                                subparagraph, taking into consideration 
                                the combined reductions in emissions of 
                                volatile organic compounds and carbon 
                                monoxide, shall receive the same 
                                volatile organic compounds reduction 
                                credit for the purposes of subsections 
                                (b)(1) and (c)(2)(B) of section 182 as 
                                a fuel meeting the applicable 
                                requirements of paragraph 
                                (1)(B)(ii).''.
            (5) Anti-dumping rules.--Section 211(k)(8) of the Clean Air 
        Act (42 U.S.C. 7545(k)(8)) is amended by adding at the end the 
        following:
                    ``(F) Average aromatic hydrocarbon content.--Not 
                later than 1 year after the date of enactment of this 
                subparagraph, the Administrator shall promulgate 
                regulations applicable to each refiner, blender, or 
                importer of gasoline to ensure that each gallon of 
                gasoline sold or introduced into commerce by the 
                refiner, blender, or importer (other than reformulated 
                gasoline subject to the requirements of paragraph (1)) 
                does not have an aromatic hydrocarbon content in excess 
                of the aromatic hydrocarbon content of gasoline sold or 
                introduced into commerce in calendar year 2000 by that 
                refiner, blender, or importer.''.
    (b) Reformulated Gasoline Carbon Monoxide Reduction Credit.--
Section 182(c)(2)(B) of the Clean Air Act (42 U.S.C. 7511a(c)(2)(B)) is 
amended by adding at the end the following: ``An adjustment to the 
volatile organic compound emission reduction requirements under section 
211(k)(1)(B)(ii) shall be credited toward the requirement for VOC 
emissions reductions under this subparagraph.''.

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 increase in 
                volatile organic compound emissions resulting from the 
                waiver is likely to 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) Cellulosic biomass ethanol.--The term 
                `cellulosic 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 cellulosic 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 contain, on a 6-month average basis, 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.--The 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.
                    ``(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 renewable fuel:
    2002..........................................                 0.6 
    2003..........................................                 0.7 
    2004..........................................                 0.8 
    2005..........................................                 0.9 
    2006..........................................                 1.0 
    2007..........................................                 1.1.
            ``(4) Cellulosic biomass ethanol.--For the purposes of 
        paragraphs (2) and (3), 1 gallon of cellulosic 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) Limitation on use of credits.--
                        Credit for motor vehicle fuel used to operate 
                        bin 1 vehicles or bin 2 vehicles, as generated 
                        under subparagraph (A)(ii), may be used to meet 
                        not more than 10 percent of the clean 
                        alternative fuel requirement or renewable fuel 
                        requirement under paragraph (2) or (3), 
                        respectively.
                            ``(iii) 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 2002, to remain available until expended; and
            ``(2) to carry out section 9010--
                    ``(A) $50,000,000 for fiscal year 2002; and
                    ``(B) $30,000,000 for each of fiscal years 2003 
                through 2007.''.
    (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 EMISSIONS MODEL.

    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 Emissions Model.--
            ``(1) Anti-backsliding analysis.--
                    ``(A) 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 Renewable Fuels Act of 2001.
                    ``(B) 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.
            ``(2) Emissions model.--For the purposes of this 
        subsection, as soon as the necessary data are available but not 
        later than 6 years after the date of enactment of this 
        subsection, 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.''.
                                 <all>