[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 392 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 392

To amend the Clean Air Act to provide for a reduction in the number of 
                boutique fuels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

  Mr. Blunt (for himself, Mr. Kirk, Mr. Hensarling, Mr. McHenry, Mr. 
Conaway, Mr. Franks of Arizona, Mr. Akin, Mr. Upton, Mr. Sensenbrenner, 
 Mr. Petri, Mr. Jones, Mr. Manzullo, Mr. Marchant, Mr. Whitfield, Ms. 
Fallin, Mr. Kline of Minnesota, Mr. Roskam, Mr. Linder, Mr. Herger, Mr. 
    Cole, and Mr. Rehberg) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to provide for a reduction in the number of 
                boutique fuels, 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 ``Boutique Fuel Reduction Act of 
2009''.

SEC. 2. TEMPORARY WAIVERS.

    Section 211(c)(4)(C)(ii)(II) of the Clean Air Act (42 U.S.C. 
7545(c)(4)(C)(ii)(II)) is amended by inserting after ``equipment 
failure'' the following: ``, unexpected problems with distribution or 
delivery equipment that is necessary for transportation and delivery of 
fuel or fuel additives''.

SEC. 3. REDUCTION IN NUMBER OF BOUTIQUE FUELS.

    Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) 
is amended as follows:
            (1) By redesignating the clause (v) added by section 
        1541(b) of the Energy Policy Act of 2005 (Public Law 109-58; 
        119 Stat. 1106) as clause (vi).
            (2) In clause (vi) (as so redesignated)--
                    (A) in subclause (I) by striking ``approved under 
                this paragraph as of September 1, 2004, in all State 
                implementation plans'' and by inserting in lieu there 
                of ``set forth on the list published under subclause 
                (II) (or on the revised list referred to in subclause 
                (III) if the list has been revised)'';
                    (B) by amending subclause (III) to read as follows:
                    ``(III) The Administrator shall, after notice and 
                opportunity for comment, remove a fuel from the list 
                published under subclause (II) if the Administrator 
                determines that such fuel has ceased to be included in 
                any State implementation plan or is identical to a 
                Federal fuel control or prohibition promulgated and 
                implemented by the Administrator. The Administrator 
                shall publish a revised list reflecting the reduction 
                in the number of fuels.'';
                    (C) in subclause (IV) by striking ``Subclause (I)'' 
                and inserting ``Neither subclause (I) nor subclause 
                (V)'' and by striking ``not'' and by striking ``if such 
                new fuel''; and
                    (D) by amending subclause (IV) to read as follows:
                                            ``(IV) Subclause (I) shall 
                                        not limit the Administrator's 
                                        authority to approve a control 
                                        or prohibition respecting any 
                                        new fuel under this paragraph 
                                        in a State implementation plan 
                                        or revision to a State 
                                        implementation plan if such new 
                                        fuel completely replaces a fuel 
                                        on the list published under 
                                        subclause (II) (or the revised 
                                        list referred to in subclause 
                                        (III) if the list has been 
                                        revised) and if the 
                                        Administrator, after 
                                        consultation with the Secretary 
                                        of Energy, publishes in the 
                                        Federal Register after notice 
                                        and comment a finding that, in 
                                        the Administrator's judgment, 
                                        such control or prohibition 
                                        respecting such new fuel will 
                                        not cause fuel supply or 
                                        distribution interruptions or 
                                        have a significant adverse 
                                        impact on fuel producibility in 
                                        the affected area or contiguous 
                                        areas.''.
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