[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2264 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2264

    To provide liability protection for claims based on the design, 
 manufacture, sale, offer for sale, introduction into commerce, or use 
      of certain fuels and fuel additives, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2012

 Mr. Hoeven (for himself, Mr. Blunt, Ms. Klobuchar, Mr. Crapo, and Mr. 
   Johanns) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To provide liability protection for claims based on the design, 
 manufacture, sale, offer for sale, introduction into commerce, or use 
      of certain fuels and fuel additives, 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 ``Domestic Fuels Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered entity.--The term ``covered entity'' means--
                    (A) any entity engaged in the design, manufacture, 
                sale, or distribution of any qualified product, blend 
                stock, or component of any qualified product; or
                    (B) any entity engaged in the design, manufacture, 
                sale, or distribution of any motor vehicle, motor 
                vehicle engine, nonroad vehicle, nonroad engine, or 
                nonroad equipment.
            (2) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            (3) Motor vehicle engine.--The term ``motor vehicle 
        engine'' means an engine in a motor vehicle.
            (4) Nonroad engine.--The term ``nonroad engine'' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            (5) Nonroad equipment.--The term ``nonroad equipment'' 
        means any recreational, construction, industrial, agricultural, 
        logging, residential, commercial lawn and garden, or other 
        equipment that incorporates a nonroad engine.
            (6) Nonroad vehicle.--The term ``nonroad vehicle'' has the 
        meaning given the term in section 216 of the Clean Air Act (42 
        U.S.C. 7550).
            (7) Person.--The term ``person'' has the meaning given the 
        term in section 1 of title 1, United States Code, except that 
        the term includes any governmental entity.
            (8) Qualified civil liability action.--The term ``qualified 
        civil liability action'' means any civil action or proceeding 
        brought by any person against a covered entity for damages, 
        punitive damages, injunctive or declaratory relief, abatement, 
        restitution, fines, penalties, or other relief, resulting from 
        the introduction of any qualified product into any motor 
        vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, 
        or nonroad equipment.
            (9) Qualified product.--The term ``qualified product'' 
        means--
                    (A) any transportation fuel or transportation fuel 
                additive that is registered, or for which an updated 
                registration is accepted, for introduction into 
                interstate commerce by the Administrator of the 
                Environmental Protection Agency under section 211(b) of 
                the Clean Air Act (42 U.S.C. 7545(b)) or any other 
                Federal law enacted on or after October 13, 2010; or
                    (B) a transportation fuel or transportation fuel 
                additive that--
                            (i) contains any renewable fuel (as defined 
                        in section 211(o)(1) of the Clean Air Act (42 
                        U.S.C. 7545(o)(1))); and
                            (ii) is designated for introduction into 
                        interstate commerce by the Administrator of the 
                        Environmental Protection Agency or the 
                        Secretary of Energy under the Clean Air Act (42 
                        U.S.C. 7401 et seq.), the Energy Policy Act of 
                        1992 (42 U.S.C. 13201 et seq.), or any other 
                        Federal law enacted on or after October 13, 
                        2010.
            (10) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.

SEC. 3. FUEL COMPATIBILITY.

    (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42 
U.S.C. 9001 et seq.) is amended--
            (1) by redesignating section 9014 as section 9015; and
            (2) by inserting after section 9013 the following:

``SEC. 9014. COMPATIBILITY.

    ``(a) Definitions.--In this section:
            ``(1) Associated dispensing equipment.--The term 
        `associated dispensing equipment' means equipment that is--
                    ``(A) for the storage and dispensing of any fuel or 
                fuel additive described in subsection (b)(3) at a 
                stationary facility that dispenses the fuel or fuel 
                additive into any fuel tank of any motor vehicle, motor 
                vehicle engine, nonroad vehicle, nonroad engine, or 
                nonroad equipment; and
                    ``(B) subject to regulation under sections 1910.106 
                and 1926.152 of title 29, Code of Federal Regulations 
                (as in effect on the date of enactment of the Domestic 
                Fuels Act of 2012).
            ``(2) Compatible.--The term `compatible' has the meaning 
        given the term in section 280.12 of title 40, Code of Federal 
        Regulations (as in effect on the date of enactment of the 
        Domestic Fuels Act of 2012).
            ``(3) Provider of financial assurance.--The term `provider 
        of financial assurance' has the meaning given the term in 
        section 280.92 of title 40, Code of Federal Regulations (as in 
        effect on the date of enactment of the Domestic Fuels Act of 
        2012).
            ``(4) Underground storage tank.--The term `underground 
        storage tank' has the meaning given the term in section 280.12 
        of title 40, Code of Federal Regulations (as in effect on the 
        date of enactment of the Domestic Fuels Act of 2012).
            ``(5) Underground storage tank system.--The term 
        `underground storage tank system' means an underground storage 
        tank, connected underground piping, underground ancillary 
        equipment, and containment system, if any.
    ``(b) Compatibility With Fuels.--
            ``(1) Liability.--No person shall be liable under any 
        provision of this Act or any other Federal, State, or local 
        law, including common law, because any underground storage 
        tank, underground storage tank system, or associated dispensing 
        equipment that stores or dispenses any fuel or fuel additive 
        described in paragraph (3)(A) is not compatible with the fuel 
        or fuel additive if the tank, system, or equipment has been 
        determined to be compatible with the fuel or fuel additive 
        under the guidelines or regulations described in paragraph (3).
            ``(2) Financial assurance.--A provider of financial 
        assurance shall not deny payment for any claim on the basis 
        that any underground storage tank, underground storage tank 
        system, or associated dispensing equipment that stores or 
        dispenses any fuel or fuel additive described in paragraph 
        (3)(A) is not compatible with the fuel or fuel additive if the 
        tank, system, or equipment has been determined to be compatible 
        with the fuel or fuel additive under the guidelines or 
        regulations described in paragraph (3).
            ``(3) Guidelines and regulations.--
                    ``(A) In general.--Paragraph (1) applies to any 
                underground storage tank and underground storage tank 
                system that meets any guidance or regulation, which may 
                be revised under subparagraph (B), issued by the 
                Administrator existing on the date of enactment of the 
                Domestic Fuels Act of 2012 addressing compatibility of 
                such tanks or systems with any fuel or fuel additive 
                that is authorized and registered, or for which an 
                updated registration is accepted, by the Administrator 
                or under any Federal law, for use in a motor vehicle, 
                motor vehicle engine, nonroad vehicle, nonroad engine, 
                or nonroad equipment.
                    ``(B) Regulations.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Domestic 
                        Fuels Act of 2012, the Administrator shall 
                        promulgate, or if applicable revise, 
                        regulations setting standards for determining 
                        whether any underground storage tank, 
                        underground storage tank system, and associated 
                        dispensing equipment is compatible with any 
                        fuel or fuel additive that is authorized and 
                        registered, or for which an updated 
                        registration is accepted, by the Administrator 
                        or under any Federal law for use in a motor 
                        vehicle, motor vehicle engine, nonroad vehicle, 
                        nonroad engine, or nonroad equipment.
                            ``(ii) Minimum standards.--Regulations 
                        promulgated under subparagraph (B) shall 
                        include minimum standards and processes for 
                        certification by the Administrator, owner, 
                        operator, manufacturer, or any other entity 
                        identified by the Administrator to ensure 
                        compatibility.
            ``(4) Underground storage tanks, underground storage tank 
        systems, and associated dispensing equipment previously listed 
        as compatible.--Any underground storage tank, underground 
        storage tank system, or associated dispensing equipment that, 
        as of the date of enactment of the Domestic Fuels Act of 2012, 
        has been listed by a nationally recognized testing laboratory 
        as compatible with a fuel or fuel additive described in 
        paragraph (3) shall be compatible under the regulations issued 
        under this subsection.
            ``(5) Administration.--Nothing in this section affects--
                    ``(A) the introduction into commerce, offering for 
                sale, or sale of any fuel or fuel additive; or
                    ``(B) any applicable requirement, including any 
                requirement under section 211(o) of the Clean Air Act 
                (42 U.S.C. 7545(o)).''.
    (b) Conforming Amendments.--The Solid Waste Disposal Act is 
amended--
            (1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)), 
        by striking ``section 9014(2)(B)'' and inserting ``section 
        9015(2)(B)'';
            (2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by 
        striking ``section 9014(2)(A)'' and inserting ``section 
        9015(2)(A)''; and
            (3) in section 9011 (42 U.S.C. 6991j), by striking 
        ``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''.
    (c) Table of Contents.--The table of contents contained in section 
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by 
striking the item relating to section 9014 and inserting the following:

``Sec. 9014. Compatibility.
``Sec. 9015. Authorization of Appropriations.''.

SEC. 4. MISFUELING.

    (a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C. 
7545(g)) is amended by adding at the end the following:
            ``(3) Regulations.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Associated dispensing equipment.--The 
                        term `associated dispensing equipment' has the 
                        meaning given the term in section 9014(a) of 
                        the Solid Waste Disposal Act.
                            ``(ii) Transportation fuel.--The term 
                        `transportation fuel' means any fuel that 
                        contains fuel or fuel additive that is 
                        authorized after January 1, 2010, by the 
                        Administrator or under any Federal law, for use 
                        in any motor vehicle, motor vehicle engine, 
                        nonroad vehicle, nonroad engine, or nonroad 
                        equipment.
                    ``(B) Liability.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no person shall be liable under 
                        any provision of this Act or any Federal, 
                        State, or local law, including common law, if--
                                    ``(I) a self-service purchaser 
                                introduces any transportation fuel into 
                                any motor vehicle, motor vehicle 
                                engine, nonroad vehicle, or nonroad 
                                equipment for which the fuel has not 
                                been approved under subsection (f); or
                                    ``(II) the introduction of any 
                                transportation fuel voids the warranty 
                                of the manufacturer of the motor 
                                vehicle, motor vehicle engine, nonroad 
                                engine, nonroad vehicle, or nonroad 
                                equipment.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to--
                                    ``(I) a person who sells any 
                                transportation fuel and does not comply 
                                with the misfueling regulations adopted 
                                by the Administrator under section 
                                80.1501 of title 40, Code of Federal 
                                Regulations (or successor regulation); 
                                or
                                    ``(II) a person who intentionally 
                                misfuels.''.
    (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C. 
7545(d)) is amended--
            (1) in paragraph (1), in the first sentence, by inserting 
        ``(g),'' after ``or the regulations prescribed under subsection 
        (c),''; and
            (2) in paragraph (2), in the first sentence, by inserting 
        ``(g),'' after ``of the regulations prescribed under 
        subsections (c),''.

SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL COURT AND STATE 
              COURT.

    (a) In General.--No qualified civil liability action shall be filed 
or maintained in any court of the United States or any State court.
    (b) Dismissal of Pending Actions.--Any qualified civil liability 
action pending in any court of the United States or any State court on 
or after the date of enactment of this Act shall be dismissed with 
prejudice.

SEC. 6. SAFE HARBOR.

    Notwithstanding any other provision of Federal, State, or local 
law, including common law, no qualified product, blend stock, or 
component of a qualified product shall be considered to be a defective 
product, if the qualified product does not violate a control or 
prohibition with respect to any characteristic or component of the 
qualified product imposed by the Administrator of the Environmental 
Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 
7545).
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