I 112th CONGRESS 1st Session H. R. 3199 IN THE HOUSE OF REPRESENTATIVES October 13, 2011 Mr. Sensenbrenner (for himself and Mr. Benishek) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes.

1.

Findings

Congress finds that— (1)while blends of up to 10 percent ethanol are currently required in the American motor fuels market as the result of renewable fuels mandates and incentives for ethanol production and use, significant environmental and energy research, development, and demonstration is needed on the effects of higher percentage ethanol blends before permitting widespread use in the United States; (2)government and industry testing suggests significant negative environmental, safety, durability, health, and performance effects for onroad and nonroad vehicles and infrastructure resulting from use of mid-level ethanol blends containing up to 15 percent ethanol; and (3)the decision by the Environmental Protection Agency to allow the use of mid-level ethanol blends in model year 2001 and newer motor vehicles— (A)failed to consider the full spectrum of available government and industry scientific and technical research on such effects; and (B)relied on the results of a single study thereby violating the Environmental Protection Agency’s scientific integrity principles.

2.

Definitions

In this Act: (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 15 or 20 percent ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine.

3.

Evaluation

(a)

In general

Prior to the implementation of any waiver, partial waiver, or decision pursuant to current law and not later than 45 days after enactment of this Act, the Administrator, acting through the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency, shall enter into an agreement with the National Academies to provide a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends. This assessment should compare mid-level ethanol blends to gasoline blends containing 10 and zero percent ethanol. (b)

Contents

The assessment performed under subsection (a) shall— (1)evaluate the short-term and long-term environmental, safety, durability, and performance effects of the introduction of mid-level ethanol blends on onroad, nonroad and marine engines, onroad and nonroad vehicles, and related equipment. Such evaluation shall include a review of all available scientific evidence, including all relevant government and industry data and testing, including that relied upon by the Administrator and published at 75 Fed. Reg. 68094 (November 4, 2010) and 76 Fed. Reg. 4662 (January 26, 2011), gaps in understanding, and research needs related to— (A)tailpipe emissions; (B)evaporative emissions; (C)engine and fuel system durability; (D)on-board diagnostics; (E)emissions inventory and other modeling effects; (F)materials compatibility; (G)operability and drivability; (H)fuel efficiency; (I)catalyst durability; and (J)durability of storage tanks, piping and dispensers for retail; and (2)identify research and development, including testing, necessary to permit existing motor fuels (distribution and supply) infrastructure to handle mid-level ethanol blends while preventing or mitigating against adverse impacts such as corrosion of metal, plastic, rubber, or any other materials used in pipes or storage tanks, ensuring fuel fungiblity, and protecting against intentional and unintentional misfueling by users at various points in the distribution and supply chain, including— (A)bulk storage; (B)retail storage and distribution configurations; and (C)standardization of a label consistent with applicable technical standards and recommendations of the National Institute of Standards and Technology, the American National Standards Institute, and the International Organization for Standardization. (c)

Report

Not later than 18 months after the enactment of this Act, the National Academies shall submit to the Committee on Science, Space, and Technology a report on the results of such assessment, including necessary research and development.

4.

Authorization of Appropriations

In order to carry out this Act, the Administrator shall utilize up to $900,000 from the funds made available for research and development under Public Law 96–569.