[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5778 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5778

 To facilitate the implementation of the Renewable Fuel Standard, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2010

 Mr. Ross (for himself and Mr. Shimkus) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To facilitate the implementation of the Renewable Fuel Standard, 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 Marketing Act of 
2010''.

SEC. 2. FUEL COMPATIBILITY WITH INFRASTRUCTURE.

    (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 6991 et seq.) is amended as follows:
            (1) By redesignating section 9014 as section 9015.
            (2) By inserting after section 9013 the following new 
        section:

``SEC. 9014. COMPATIBILITY.

    ``(a) Compatibility With Renewable Fuels.--
            ``(1) Guidelines.--Not later than 1 year after the date of 
        enactment of the Renewable Fuels Marketing Act of 2010, the 
        Administrator shall issue guidelines for determining whether 
        underground storage tanks and associated dispensing equipment 
        are compatible with any fuel or fuel additive that is 
        authorized by the Administrator or by statute for use in a 
        motor vehicle, nonroad vehicle, or engine.
            ``(2) Application.--Guidelines issued under this subsection 
        shall apply with respect to existing underground storage tanks 
        and associated dispensing equipment and with respect to new 
        underground storage tanks and associated dispensing equipment.
            ``(3) Previously listed as compatible.--Underground storage 
        tanks and associated dispensing equipment that, as of the date 
        of enactment of this section, have been listed by a nationally 
        recognized testing laboratory as compatible with a fuel or fuel 
        additive described in paragraph (1) shall be deemed compatible 
        under the guidelines issued under this subsection.
    ``(b) Liability.--No person shall be liable under any provision of 
this Act or any other provision of Federal or State law on the basis 
that an underground storage tank or associated dispensing equipment 
that stores or dispenses any fuel or fuel additive described in 
subsection (a)(1) is not compatible with such fuel or fuel additive if 
such tank or equipment has been determined to be compatible with such 
fuel or fuel additive pursuant to the guidelines issued under such 
subsection.
    ``(c) Financial Assurance.--A provider of financial assurance may 
not deny payment for a claim on the basis that an underground storage 
tank or associated dispensing equipment is not compatible with any fuel 
or fuel additive described in subsection (a)(1) if such tank or 
equipment is determined to be compatible with such fuel or fuel 
additive pursuant to the guidelines issued under such subsection.
    ``(d) Definitions.--In this section:
            ``(1) Associated dispensing equipment.--The term 
        `associated dispensing equipment' means equipment that is--
                    ``(A) for the dispensing or storage at retail of 
                any fuel or fuel additive described in subsection 
                (a)(1); and
                    ``(B) subject to regulation under section 1926.152 
                of title 29, Code of Federal Regulations, as in effect 
                on the date of enactment of the Renewable Fuels 
                Marketing Act of 2010.
            ``(2) Compatible.--The term `compatible' has the meaning 
        given such term in section 280.12 of title 40, Code of Federal 
        Regulations, as in effect on the date of enactment of the 
        Renewable Fuels Marketing Act of 2010.
            ``(3) Provider of financial assurance.--The term `provider 
        of financial assurance' has the meaning given such term in 
        section 280.92 of title 40, Code of Federal Regulations, as in 
        effect on the date of enactment of the Renewable Fuels 
        Marketing Act of 2010.''.
    (b) Table of Contents.--The table of contents in section 1001 of 
the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking 
the item related to section 9014 and inserting the following:

``9014. Compatibility.
``9015. Authorization of appropriations.''.

SEC. 3. MISFUELING.

    (a) Misfueling.--Section 211(g) of the Clean Air Act (42 U.S.C. 
7545(g)) is amended by adding at the end the following new paragraph:
    ``(3)(A) Not later than one year after the date of enactment of the 
Renewable Fuels Marketing Act of 2010, the Administrator shall 
promulgate regulations that set forth requirements for the labeling of 
associated dispensing equipment as the Administrator determines 
necessary to prevent the introduction of any transportation fuel 
described in subparagraph (C) into a motor vehicle, nonroad vehicle, or 
engine that is not compatible with such transportation fuel.
    ``(B) A person selling a transportation fuel described in 
subparagraph (C) who complies with the regulations under subparagraph 
(A) shall not be liable, under any provision of this Act or any other 
provision of Federal or State law, for--
            ``(i) a self-service purchaser's introduction of such a 
        transportation fuel into a motor vehicle, nonroad vehicle, or 
        engine that is not compatible with such transportation fuel; or
            ``(ii) the voiding of the manufacturer's warranty of such a 
        vehicle or engine from such introduction of such a 
        transportation fuel.
    ``(C) A transportation fuel described in this subparagraph is a 
fuel that contains a fuel or fuel additive that is authorized, after 
January 1, 2010, by the Administrator or by statute, for use in a motor 
vehicle, nonroad vehicle, or engine.
    ``(D) In this paragraph the term `associated dispensing equipment' 
has the meaning given such term in section 9014(d) of the Solid Waste 
Disposal Act.''.
    (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 
7545(d)) is amended--
            (1) in paragraph (1), by inserting ``(g),'' after ``or the 
        regulations prescribed under subsection (c),''; and
            (2) in paragraph (2), by inserting ``(g),'' after ``of the 
        regulations prescribed under subsections (c),''.
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