[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1020 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1020

To amend the Clean Air Act requirements relating to gasoline to prevent 
 future supply shortages and price spikes in the gasoline market, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

  Mr. Ryan of Wisconsin (for himself, Mr. Green of Wisconsin, and Mr. 
Sensenbrenner) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act requirements relating to gasoline to prevent 
 future supply shortages and price spikes in the gasoline market, 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. FINDINGS.

    Congress finds the following:
            (1) The President's National Energy Policy Development 
        (NEPD) Group recommended that the Environmental Protection 
        Agency (EPA) study the environmental benefits of State boutique 
        fuels and methods to increase the flexibility of the fuel 
        distribution infrastructure and the gasoline market liquidity.
            (2) Seasonal price spikes, particularly in the Midwest, can 
        be attributed to the number of boutique fuels and the lack of 
        fungibility, especially when there is a disruption in the 
        refining or pipeline system.
            (3) According to the EPA Study of Boutique Fuels released 
        October 24, 2001, a reduction of the number of boutique fuels 
        may moderate the price spikes that occur with the transition of 
        winter to summer grade reformulated gasoline (RFG).
            (4) The propagation of boutique fuels may occur in the 
        future as a result of State laws banning the use of MTBE, an 
        oxygenated gasoline additive.
            (5) Refiners argue that without any restrictions on States, 
        boutique fuels will continue to proliferate.
            (6) Stakeholders have acknowledged that fewer fuel types 
        would simplify gasoline distribution and therefore ease the 
        potential for local supply disruptions and resulting price 
        volatility without disrupting gasoline supply, air quality 
        benefits, or prices.
            (7) The EPA study examined several options, one of which 
        would create a menu of three fuels for States to choose from 
        (conventional gasoline, low-RVP, or a new Federal clean burning 
        gas), including a new national renewable fuel requirement.
            (8) The EPA study found that this option is the least 
        costly of all the options presented and would increase gasoline 
        production capacity, giving the best balance among gasoline 
        cost, distribution, and supply, and air quality.

SEC. 2. BOUTIQUE FUELS.

    (a) Reducing the Proliferation of Boutique Fuels.--(1) Section 
211(c)(4) of such Act (42 U.S.C. 7545(c)(4)) is amended by adding the 
following at the end thereof:
    ``(D) In the case of gasoline, in addition to the requirements of 
subparagraph (C), after the enactment of this subparagraph, the 
Administrator may approve a provision described in subparagraph (C) in 
an implementation plan only if the Administrator finds that the control 
or prohibition in the applicable implementation plan requires the use 
of either of the following:
            ``(i) Federal clean burning fuel meeting the requirements 
        of subsection (k).
            ``(ii) Low RVP gasoline meeting the requirements of 
        subsection (h)(6).
    ``(E) In the case of implementation plan provisions approved under 
subparagraph (C) on or before the date of the enactment of this 
subparagraph, such provisions may remain in effect after the date 4 
years after the enactment of this subparagraph only if the State has, 
within 6 months after the enactment of this subparagraph, reevaluated 
the provisions and established to the satisfaction of the Administrator 
that the benefits of such provisions in terms of air quality 
improvement, consistent supply, production costs and stable prices for 
gasoline exceed the benefits of modifying such provisions to require 
the use of Federal clean burning fuel meeting the requirements of 
subsection (k) or low RVP gasoline meeting the requirements of 
subsection (h)(6) (whichever requires a Reid Vapor Pressure closest to 
the Reid Vapor Pressure required by the plan provisions prior to 
modification).''.
    (2) By striking ``engine--'' in subparagraph (A) of section 
211(c)(4) of the Clean Air Act and all that follows down through the 
end of such subparagraph and inserting ``engine.''.
    (3) By striking ``, for the purposes of motor vehicle emission 
control,'' in subparagraph (A) of section 211(c)(4) of the Clean Air 
Act.
    (b) Low rvp Gas Option.--Section 211(h) of the Clean Air Act (42 
U.S.C. 7545(h)) is amended by adding the following new paragraph at the 
end thereof:
            ``(6) Low rvp gasoline.--The Administrator shall promulgate 
        regulations providing for a gasoline blend for the high ozone 
        season (as determined by the Administrator) having a Reid Vapor 
        Pressure of 7.8 pounds per square inch (psi). The Administrator 
        shall approve State plan provisions submitted under subsection 
        (c)(4)(C) and (D) for ozone nonattainment areas in both 
        northern and southern areas of the nation (other than covered 
        areas under subsection (k)) that require gasoline to meet the 
        requirements of the regulations under this paragraph.''.
    (c) Federal Clean Burning Gas.--(1) Section 211(k) of the Clean Air 
Act is amended to read as follows:
    ``(k) Federal Clean Burning Gas.--
            ``(1)  EPA regulations.--The Administrator shall promulgate 
        regulations under this section establishing requirements for 
        Federal clean burning gasoline to be used in gasoline-fueled 
        vehicles in specified nonattainment areas. Such regulations 
        shall require the greatest reduction in emissions of ozone 
        forming volatile organic compounds (during the high ozone 
        season) and emissions of toxic air pollutants (during the 
        entire year) achievable through the reformulation of 
        conventional gasoline, taking into consideration the cost of 
        achieving such emission reductions, any nonair-quality and 
        other air-quality related health and environmental impacts and 
        energy requirements.
            ``(2) General requirements.--The regulations referred to in 
        paragraph (1) shall require that Federal clean burning gasoline 
        comply with paragraph (3) and with each of the following 
        requirements (subject to paragraph (7)):
                    ``(A)  NO<INF>X</INF> emissions.--The emissions of 
                oxides of nitrogen (NO<INF>X</INF>) from baseline 
                vehicles when using the Federal clean burning gasoline 
                shall be no greater than the level of such emissions 
                from such vehicles when using baseline gasoline. If the 
                Administrator determines that compliance with the 
                limitation on emissions of oxides of nitrogen under the 
                preceding sentence is technically infeasible, 
                considering the other requirements applicable under 
                this subsection to such gasoline, the Administrator 
                may, as appropriate to ensure compliance with this 
                subparagraph, adjust (or waive entirely), any other 
                requirements of this paragraph (including the oxygen 
                content requirement contained in subparagraph (B)) or 
                any requirements applicable under paragraph (3)(A).
                    ``(B) Benzene content.--The benzene content of the 
                gasoline shall not exceed 1.0 percent by volume.
                    ``(C) Heavy metals.--The gasoline shall have no 
                heavy metals, including lead or manganese. The 
                Administrator may waive the prohibition contained in 
                this subparagraph for a heavy metal (other than lead) 
                if the Administrator determines that addition of the 
                heavy metal to the gasoline will not increase, on an 
                aggregate mass or cancer-risk basis, toxic air 
                pollutant emissions from motor vehicles.
            ``(3) More stringent of formula or performance standards.--
        The regulations referred to in paragraph (1) shall require 
        compliance with the more stringent of either the requirements 
        set forth in subparagraph (A) or the requirements of 
        subparagraph (B) of this paragraph. For purposes of determining 
        the more stringent provision, clause (i) and clause (ii) of 
        subparagraph (B) shall be considered independently.
                    ``(A) Formula.--
                            ``(i) Benzene.--The benzene content of the 
                        Federal clean burning gasoline shall not exceed 
                        1.0 percent by volume.
                            ``(ii) Aromatics.--The aromatic hydrocarbon 
                        content of the Federal clean burning gasoline 
                        shall not exceed 25 percent by volume.
                            ``(iii) Lead.--The Federal clean burning 
                        gasoline shall have no lead content.
                            ``(iv) Detergents.--The Federal clean 
                        burning gasoline shall contain additives to 
                        prevent the accumulation of deposits in engines 
                        or vehicle fuel supply systems.
                            ``(v) Reid vapor pressure.--The Reid Vapor 
                        Pressure of the gasoline shall not exceed 6.8 
                        pounds per square inch (psi) for the high ozone 
                        season (as determined by the Administrator).
                    ``(B) Performance standard.--
                            ``(i) VOC emissions.--During the high ozone 
                        season (as defined by the Administrator), the 
                        Reid Vapor Pressure of the gasoline shall not 
                        exceed 6.8 pounds per square inch (psi).
                            ``(ii) Toxics.--During the entire year, the 
                        aggregate emissions of toxic air pollutants 
                        from baseline vehicles when using the Federal 
                        clean burning gasoline shall be 15 percent 
                        below the aggregate emissions of toxic air 
                        pollutants from such vehicles when using 
                        baseline gasoline. Effective in calendar year 
                        2000 and thereafter, 25 percent shall be 
                        substituted for 15 percent in applying this 
                        clause, except that the Administrator may 
                        adjust such 25 percent requirement to provide 
                        for a lesser or greater reduction based on 
                        technological feasibility, considering the cost 
                        of achieving such reductions in toxic air 
                        pollutants. No such adjustment shall provide 
                        for less than a 20 percent reduction below the 
                        aggregate emissions of such air pollutants from 
                        such vehicles when using baseline gasoline. The 
                        reductions required under this clause shall be 
                        on a mass basis.
        Any reduction greater than a specific percentage reduction 
        required under this subparagraph shall be treated as satisfying 
such percentage reduction requirement.
            ``(4) Certification procedures.--
                    ``(A) Regulations.--The regulations under this 
                subsection shall include procedures under which the 
                Administrator shall certify Federal clean burning 
                gasoline as complying with the requirements established 
                pursuant to this subsection. Under such regulations, 
                the Administrator shall establish procedures for any 
                person to petition the Administrator to certify a fuel 
                formulation, or slate of fuel formulations. Such 
                procedures shall further require that the Administrator 
                shall approve or deny such petition within 180 days of 
                receipt. If the Administrator fails to act within such 
                180-day period, the fuel shall be deemed certified 
                until the Administrator completes action on the 
                petition.
                    ``(B) Certification; equivalency.--The 
                Administrator shall certify a fuel formulation or slate 
                of fuel formulations as complying with this subsection 
                if such fuel or fuels--
                            ``(i) comply with the requirements of 
                        paragraph (2), and
                            ``(ii) achieve equivalent or greater 
                        reductions in emissions of ozone forming 
                        volatile organic compounds and emissions of 
                        toxic air pollutants than are achieved by a 
                        Federal clean burning gasoline meeting the 
                        applicable requirements of paragraph (3).
                    ``(C) EPA determination of emissions level.--The 
                Administrator shall determine the level of emissions of 
                ozone forming volatile organic compounds and emissions 
                of toxic air pollutants emitted by baseline vehicles 
                when operating on baseline gasoline. For purposes of 
                this subsection, the Administrator shall, by rule, 
                determine appropriate measures of, and methodology for, 
                ascertaining the emissions of air pollutants (including 
                calculations, equipment, and testing tolerances).
            ``(5) Prohibition.--Effective on the date 4 years after the 
        enactment of this paragraph, each of the following shall be a 
        violation of this subsection:
                    ``(A) The sale or dispensing by any person of 
                conventional gasoline to ultimate consumers in any 
                covered area.
                    ``(B) The sale or dispensing by any refiner, 
                blender, importer, or marketer of conventional gasoline 
                for resale in any covered area, without (i) segregating 
                such gasoline from Federal clean burning gasoline, and 
                (ii) clearly marking such conventional gasoline as 
                ``conventional gasoline, not for sale to ultimate 
                consumer in a covered area''.
        Any refiner, blender, importer or marketer who purchases 
        property segregated and marked conventional gasoline, and 
        thereafter labels, represents, or wholesales such gasoline as 
        Federal clean burning gasoline shall also be in violation of 
        this subsection. The Administrator may impose sampling, 
        testing, and recordkeeping requirements upon any refiner, 
        blender, importer, or marketer to prevent violations of this 
        section.
            ``(6) Opt-in areas.--(A) Upon the application of the 
        Governor of a State, the Administrator shall apply the 
        prohibition set forth in paragraph (5) in any area in the State 
        classified under subpart 2 of part D of title I as a Marginal, 
        Moderate, Serious, or Severe Area (without regard to whether or 
        not the 1980 population of the area exceeds 250,000). In any 
        such case, the Administrator shall establish an effective date 
        for such prohibition as he deems appropriate, 1 year after such 
        application is received. The Administrator shall publish such 
        application in the Federal Register upon receipt.
            ``(B) If the Administrator determines, on the 
        Administrator's own motion or on petition of any person, after 
        consultation with the Secretary of Energy, that there is 
        insufficient domestic capacity to produce gasoline certified 
        under this subsection, the Administrator shall, by rule, extend 
        the effective date of such prohibition in Marginal, Moderate, 
        Serious, or Severe Areas referred to in subparagraph (A) for 
        one additional year, and may, by rule, renew such extension for 
        2 additional one-year periods. The Administrator shall act on 
        any petition submitted under this paragraph within 6 months 
        after receipt of the petition. The Administrator shall issue 
        such extensions for areas with a lower ozone classification 
        before issuing any such extension for areas with a higher 
        classification.
            ``(7) Credits.--(A) The regulations promulgated under this 
        subsection shall provide for the granting of an appropriate 
        amount of credits to a person who refines, blends, or imports 
and certifies a gasoline or slate of gasoline that--
                    ``(i) has an aromatic hydrocarbon content (by 
                volume) that is less than the maximum aromatic 
                hydrocarbon content required to comply with paragraph 
                (3); or
                    ``(ii) has a benzene content (by volume) that is 
                less than the maximum benzene content specified in 
                paragraph (2).
            ``(B) The regulations described in subparagraph (A) shall 
        also provide that a person who is granted credits may use such 
        credits, or transfer all or a portion of such credits to 
        another person for use within the same nonattainment area, for 
        the purpose of complying with this subsection.
            ``(C) The regulations promulgated under subparagraphs (A) 
        and (B) shall ensure the enforcement of the requirements for 
        the issuance, application, and transfer of the credits. Such 
        regulations shall prohibit the granting or transfer of such 
        credits for use with respect to any gasoline in a nonattainment 
        area, to the extent the use of such credits would result in any 
        of the following:
                    ``(i) An average gasoline aromatic hydrocarbon 
                content (by volume) for the nonattainment (taking into 
                account all gasoline sold for use in conventional 
                gasoline-fueled vehicles in the nonattainment area) 
                higher than the average fuel aromatic hydrocarbon 
                content (by volume) that would occur in the absence of 
                using any such credits.
                    ``(ii) An average benzene content (by volume) for 
                the nonattainment area (taking into account all 
                gasoline sold for use in conventional gasoline-fueled 
                vehicles in the nonattainment area) higher than the 
                average benzene content (by volume) that would occur in 
                the absence of using any such credits.
            ``(8) Anti-dumping rules.--
                    ``(A) In general.--The Administrator shall 
                promulgate regulations applicable to each refiner, 
                blender, or importer of gasoline ensuring that gasoline 
                sold or introduced into commerce by such refiner, 
                blender, or importer (other than Federal clean burning 
                gasoline subject to the requirements of paragraph (1)) 
                does not result in average per gallon emissions 
                (measured on a mass basis) of (i) volatile organic 
                compounds, (ii) oxides of nitrogen, (iii) carbon 
                monoxide, and (iv) toxic air pollutants in excess of 
                such emissions of such pollutants attributable to 
                gasoline sold or introduced into commerce in calendar 
                year 1990 by that refiner, blender, or importer.
                    ``(B) Adjustments.--In evaluating compliance with 
                the requirements of subparagraph (A), the Administrator 
                shall make appropriate adjustments to insure that no 
                credit is provided for improvement in motor vehicle 
                emissions control in motor vehicles sold after the 
                calendar year 1990.
                    ``(C) Compliance determined for each pollutant 
                independently.--In determining whether there is an 
                increase in emissions in violation of the prohibition 
                contained in subparagraph (A) the Administrator shall 
                consider an increase in each air pollutant referred to 
                in clauses (i) through (iv) as a separate violation of 
                such prohibition, except that the Administrator shall 
                promulgate regulations to provide that any increase in 
                emissions of oxides of nitrogen resulting from adding 
                oxygenates to gasoline may be offset by an equivalent 
                or greater reduction (on a mass basis) in emissions of 
                volatile organic compounds, carbon monoxide, or toxic 
                air pollutants, or any combination of the foregoing.
                    ``(D) Compliance period.--The Administrator shall 
                promulgate an appropriate compliance period or 
                appropriate compliance periods to be used for assessing 
                compliance with the prohibition contained in 
                subparagraph (A).
                    ``(E) Baseline for determining compliance.--If the 
                Administrator determines that no adequate and reliable 
                data exists regarding the composition of gasoline sold 
                or introduced into commerce by a refiner, blender, or 
                importer in calendar year 1990, for such refiner, 
                blender, or importer, baseline gasoline shall be 
                substituted for such 1990 gasoline in determining 
                compliance with subparagraph (A).
            ``(9) Emissions from entire vehicle.--In applying the 
        requirements of this subsection, the Administrator shall take 
        into account emissions from the entire motor vehicle, including 
        evaporative, running, refueling, and exhaust emissions.
            ``(10) Definitions.--For purposes of this subsection--
                    ``(A) Baseline vehicles.--The term `baseline 
                vehicles' mean representative model year 1990 vehicles.
                    ``(B) Baseline gasoline.--
                            ``(i) Summertime.--The term `baseline 
                        gasoline' means in the case of gasoline sold 
                        during the high ozone period (as defined by the 
                        Administrator) a gasoline which meets the 
                        following specifications:

                    BASELINE GASOLINE FUEL PROPERTIES
                        API Gravity...........................     57.4 
                        Sulfur, ppm...........................      339 
                        Benzene, %............................      1.53
                        RVP, psi..............................      8.7 
                        Octane, R+M/2.........................     87.3 
                        IBP, F................................       91 
                        10%, F................................      128 
                        50%, F................................      218 
                        90%, F................................      330 
                        End Point, F..........................      415 
                        Aromatics, %..........................     32.0 
                        Olefins, %............................      9.2 
                        Saturates, %..........................     58.8 

                            ``(ii) Wintertime.--The Administrator shall 
                        establish the specifications of `baseline 
                        gasoline' for gasoline sold at times other than 
                        the high ozone period (as defined by the 
                        Administrator). Such specifications shall be 
                        the specifications of 1990 industry average 
                        gasoline sold during such period.
                    ``(C) Toxic air pollutants.--The term `toxic air 
                pollutants' means the aggregate emissions of the 
                following: Benzene, 3 Butadiene, Polycyclic organic 
matter (POM), Acetaldehyde, Formaldehyde.
                    ``(D) Covered area.--The 9 ozone nonattainment 
                areas having a 1980 population in excess of 250,000 and 
                having the highest ozone design value during the period 
                1987 through 1989 shall be ``covered areas'' for 
                purposes of this subsection. Effective one year after 
                the reclassification of any ozone nonattainment area as 
                a Severe ozone nonattainment area under section 181(b), 
                such Severe area shall also be a ``covered area'' for 
                purposes of this subsection.
                    ``(E) Federal clean burning gasoline.--The term 
                `Federal clean burning gasoline' means any gasoline 
                which is certified by the Administrator under this 
                section as complying with this subsection.
                    ``(F) Conventional gasoline.--The term 
                `conventional gasoline' means any gasoline which does 
                not meet specifications set by a certification under 
                this subsection and which is not low RVP gasoline 
                meeting the requirements of section 211(h)(6).''.
    (2) The Clean Air Act is amended by striking the term 
``reformulated gasoline'' in each place it appears and inserting in 
lieu thereof ``Federal clean burning fuel''.
    (3) Except for purposes of section 211(v)(4)(D)(i) of the Clean Air 
Act, as added by subsection (a) of this section, the amendments made by 
this subsection shall take effect on the date 4 years after the 
enactment of this Act. For purposes of such section 211(v)(4)(D)(i), 
the amendments made by this subsection shall take effect on the date of 
the enactment of this Act.

SEC. 3. REPEAL OF OXYGEN CONTENT REQUIREMENT FOR CERTAIN REFORMULATED 
              GASOLINE.

    Effective January 1, 2004, sections 211(k)(2)(B), and 
211(k)(3)(A)(v), and 211(k)(7)(A)(i) of the Clean Air Act are repealed.

SEC. 4. ELIMINATION OF MTBE.

    Section 211(f) of the Clean Air Act (42 U.S.C.7545(f)) is amended 
by adding the following new paragraph after paragraph (5):
    ``(6) After January 1, 2007, it shall be unlawful for any 
manufacturer of any fuel to introduce into commerce any gasoline which 
contains methyl tertiary butyl ether (MTBE).''.

SEC. 5. RENEWABLE FUELS CONTENT OF GASOLINE.

    Title II of the Clean Air Act is amended by adding the following 
new section after section 211:

``SEC. 212. RENEWABLE FUELS CONTENT OF GASOLINE.

    ``(a) Definitions.--In this section:
            ``(1) Biomass.--The term `biomass' means lignocellulosic or 
        hemicellulosic matter that is available on a renewable basis, 
        including dedicated energy crops and trees, wood and wood 
        residues, plants, grasses, agricultural commodities and 
        residues, fibers; and animal waste, municipal solid waste, and 
        other waste.
            ``(2) Renewable fuel.--The term `renewable fuel' means fuel 
        that--
                    ``(A) is ethanol or any other liquid fuel produced 
                from biomass; and
                    ``(B) is used to reduce the quantity of fossil fuel 
                present in gasoline used to operate a motor vehicle.
            ``(3) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
    ``(b) Renewable Fuel Program.--
            ``(1) In general.--The gasoline sold or introduced into 
        commerce in the United States in the calendar year 2004 or any 
        calendar year thereafter by a refiner, blender, or importer for 
        use in motor vehicles shall, on an average annual basis, be 
        comprised of a quantity of renewable fuel that is not less than 
        the applicable percentage by volume for the annual period.
            ``(2) Applicable percentage.--
                    ``(A) In general.--For the purposes of paragraph 
                (1), the applicable percentage for any calendar year 
                shall be determined in accordance with the following 
                schedule, unless modified under subparagraph (B):


Calendar year:                      Applicable percentage of renewable 
                                                                  fuel:
    2004..........................................                1.61 
    up to 2012 and thereafter.....................                 2.43
                    ``(B) Adjustments to applicable percentage.--On 
                petition submitted by a State, the Administrator, in 
                consultation with the Secretary of Energy and the 
                Secretary of Agriculture, may lower the applicable 
                percentage specified in subparagraph (A) for one 
                calendar year with respect to gasoline sold or 
                introduced into commerce in the State, if the 
                Administrator, after public notice and opportunity for 
                comment, determines that during the calendar year there 
                is likely to be an inadequate domestic supply or 
distribution capacity in the State to meet the applicable percentage 
specified in subparagraph (A) for the calendar year.
                    ``(C) Petitions for adjustment.--
                            ``(i) Submission.--A State shall submit a 
                        petition under subparagraph (B) not later than 
                        April 1 of the year preceding the calendar year 
                        for which the adjustment is sought.
                            ``(ii) Action on petitions.--The 
                        Administrator, in consultation with the 
                        Secretary of Energy and the Secretary of 
                        Agriculture, shall approve or deny a State 
                        petition before the beginning of the calendar 
                        year.
    ``(c) Credit Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this Act, the Administrator, in consultation 
        with the Secretary of Energy and the Secretary of Agriculture, 
        shall promulgate regulations providing for the generation of an 
        appropriate amount of credits by a person that refines, blends, 
        or imports gasoline that contains, on an annual average basis, 
        a quantity of renewable fuel that is greater than the quantity 
        required for that annual period under subsection (b).
            ``(2) Use of credits.--A person that generates credits 
        under paragraph (1) may use the credits, hold the credits for 
        later use, or transfer all or a portion of the credits to 
        another person, for the purpose of complying with subsection 
        (b).
            ``(3) Inability to purchase sufficient credits.--The 
        regulations under paragraph (1) shall include provisions 
        allowing a refiner, blender, or importer that is unable to 
        purchase sufficient credits to meet the requirements of 
        subsection (b) to enter into an enforceable agreement to 
        generate or purchase sufficient credits to make up for any 
        deficiency within a period of time specified in the agreement.
            ``(4) Testing; reports.--The regulations under paragraph 
        (1) may include provisions requiring a refiner, blender, or 
        importer--
                    ``(A) to conduct tests to ascertain the composition 
                of fuels for the purpose of compliance with subsection 
                (b); and
                    ``(B) to submit to the Administrator periodic 
                reports on the composition of the fuels refined, 
                blended, or imported.
    ``(d) Civil Penalties and Enforcement.--
            ``(1) Civil penalties.--
                    ``(A) In general.--The Administrator may impose 
                against a person that fails to comply with subsection 
                (b) or with a regulation under subsection (c) a civil 
                penalty in the amount of--
                            ``(i) not more than $25,000 for each day of 
                        the failure to comply; plus
                            ``(ii) the amount of economic benefit 
                        realized by the person as a result of the 
                        failure to comply.
                    ``(B) Averaging period.--Any failure to comply with 
                respect to a regulation under subsection (c) for any 
                calendar year shall constitute a separate day of 
                failure of compliance for each day of such year.
            ``(2) Enforcement.--The Administrator may bring a civil 
        action in United States district court for--
                    ``(A) an order enjoining a failure to comply with 
                subsection (b) or with a regulation under subsection 
                (c); and
                    ``(B) other appropriate relief.
    ``(e) Congressional Support for Ethanol.--It is the sense of the 
Congress that it is in the national interest to support the promotion 
of ethanol as the primary renewable fuel to be used for purposes of 
satisfying the requirements of this section.''.

SEC. 6. STUDY OF EFFECT ON AIR QUALITY.

    Within 7 years after the enactment of this Act, the Administrator 
of the Environmental Protection Agency shall complete and publish a 
study of the changes in the emissions of any air pollutant and in air 
quality attributable to the amendments made by this Act.
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