II 111th CONGRESS 1st Session S. 1666 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.

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.