[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1666 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1666

To require the Administrator of the Environmental Protection Agency to 
  satisfy certain conditions before issuing to producers of mid-level 
 ethanol blends a waiver from certain requirements under the Clean Air 
                      Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2009

Ms. Collins (for herself, Mr. Cardin, Mr. Whitehouse, and Ms. Landrieu) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
  satisfy certain conditions before issuing to producers of mid-level 
 ethanol blends a waiver from certain requirements under the Clean Air 
                      Act, 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. INTRODUCTION OF HIGHER ETHANOL BLENDS INTO COMMERCE.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Mid-level ethanol blend.--The term ``mid-level ethanol 
        blend'' means an ethanol-gasoline blend containing greater than 
        10 percent ethanol by volume that is intended to be used in any 
        conventional gasoline-powered onroad or nonroad vehicle or 
        engine.
            (3) Widespread use.--The term ``widespread use'', with 
        respect to the use of a particular fuel, system, or component 
        in an onroad or nonroad vehicle or nonroad engine, has such 
        meaning as is given the term by the Administrator in accordance 
        with the determination of the Administrator under section 
        202(a)(6) of the Clean Air Act (42 U.S.C. 7521(a)(6)).
    (b) Introduction of Higher Ethanol Blends Into Commerce.--
Notwithstanding any other provision of law, the Administrator may 
permit or authorize the introduction into commerce of a mid-level 
ethanol blend for use in conventional gasoline-powered onroad and 
nonroad vehicles and nonroad engines only if--
            (1) not later than 1 year after the date of enactment of 
        this Act, the Science Advisory Board of the Environmental 
        Protection Agency, after opportunity for public comment and an 
        analysis of available independent scientific evidence, submits 
        to the Administrator, and the Administrator provides for notice 
        and a public comment for a period of not less than 30 days on, 
        a report that describes (and, with respect to the matters 
        described in subparagraph (A), provides recommendations on 
        mitigating)--
                    (A)(i) the impact of the mid-level ethanol blend on 
                engine performance of conventional gasoline-powered 
                onroad and nonroad vehicles and nonroad engines;
                    (ii) emissions from the use of the blend; and
                    (iii) materials compatibility and consumer safety 
                issues associated with the use of those blends 
                (including the identification of insufficient data or 
                information for some or all of those vehicles and 
                engines with respect to each of issues described in 
                this clause and clauses (i) and (ii));
                    (B) the ability of wholesale and retail gasoline 
                distribution infrastructure, including bulk storage, 
                retail storage configurations, and retail equipment 
                (including certification of equipment compatibility by 
                independent organizations), to introduce the mid-level 
                ethanol blend into commerce without widespread 
                intentional or unintentional misfueling by consumers; 
                and
                    (C) the estimated ability of consumers, determined 
                through separate reviews of populations in rural areas 
                and of areas with populations greater than 50,000 
                individuals, to purchase gasoline other than that mid-
                level ethanol blend--
                            (i) in metropolitan areas having 
                        populations greater than 50,000 individuals 
                        throughout the United States; and
                            (ii) in all areas of the United States, by 
                        the date that is 5 years after the mid-level 
                        ethanol blend is introduced into commerce;
            (2)(A) the permit or authorization is granted through the 
        fuels and fuel additives waiver process under section 211(f)(4) 
        of the Clean Air Act (42 U.S.C. 7545(f)(4)) after the close of 
        the public comment period on the report required under 
        paragraph (1); and
            (B) the Administrator formally responds to the 
        recommendations of the Science Advisory Board in the waiver 
        announcement; and
            (3) the mid-level ethanol blend is introduced into commerce 
        for general use in all conventional gasoline-powered onroad and 
        nonroad vehicles and nonroad engines in widespread use as of 
        the date on which the Administrator authorizes that 
        introduction.
                                 <all>