[Congressional Record Volume 155, Number 129 (Monday, September 14, 2009)]
[Senate]
[Pages S9328-S9329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself, Mr. Cardin, Mr. Whitehouse, and Ms. 
        Landrieu):
  S. 1666. 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; to the 
Committee on Environment and Public Works.
  Ms. COLLINS. Mr. President, today along with Senators Cardin, 
Whitehouse, and Landrieu I am introducing legislation that requires the 
administrator of the Environmental Protection Agency to satisfy three 
conditions before granting a waiver from the Clean Air Act of 1970 to 
producers of mid-level blends of ethanol. These are fuels that contain 
more than ten percent ethanol that are destined for use in engines 
originally designed to work with just gasoline.
  While I believe that expanding our capacity to generate and use 
renewable energy is an important step toward becoming energy 
independent, I have serious concerns about the impact of ethanol on 
engines and fuel efficiency. Ethanol blends are more corrosive than 
gasoline and can cause failure in small and older engines, such as boat 
engines.
  The 2005 Energy Policy Act required that renewable fuels be 
introduced into our fuel supply to reduce our dependence on foreign 
oil. In 2007, that Renewable Fuel Standard was updated to require that 
by the year 2022 we introduce annually a minimum of 36 billion gallons 
of renewable fuel into our fuel supply.
  The first, easiest route to satisfying the renewable fuel mandate was 
through blending ethanol, chiefly derived from corn, into gasoline at a 
level of 10 percent by volume, resulting in a gasoline known as 
``E10.'' Due to its high oxygen content, this fuel requires a Clean Air 
Act waiver, which EPA first granted in 1978. Today, in many areas of 
the country, people only have E10 as a choice at the pump. This 
includes my constituents in Maine. While the most modern engines have 
been designed to work with E10, older engines have well-documented 
difficulties using this fuel. I am very concerned that they will have 
even greater problems using ethanol fuel blends with even higher levels 
of ethanol.
  E10 was introduced into Maine in 2008 and now it is the only fuel 
choice in the State. E10 has caused problems for some of my 
constituents. One topped off his gas tanks before heading to sea but, 
two miles out, the boat stopped. He later discovered that his tanks 
were topped off with E10 that destroyed his boat's fuel lines and 
caused fuel filters and carburetors to clog. He eventually had to tear 
up the boat deck and replace the fuel tanks at a cost of thousands of 
dollars.
  In March 2009, manufacturers of mid-level ethanol blends containing 
as much as 15 percent of ethanol by volume, termed E15, petitioned the 
Environmental Protection Agency, EPA, to also grant this new fuel a 
waiver from the Clean Air Act. Many organizations share my concern 
about this development and are demanding that the performance of E15 in 
the current fleet of engines be thoroughly investigated before the new 
fuel can be introduced into commerce.
  In June, 21 Senators wrote to the administrator of the EPA urging her 
to ensure that independent and comprehensive testing of any ethanol 
blend fuel with greater than 10 percent ethanol was completed prior to 
any waiver from current EPA guidance as required under the Clean Air 
Act. The response on July 20 was that a decision to grant a waiver for 
the new fuel rests entirely on the demonstration that the new fuel will 
not cause or contribute to the failure of vehicles or engines to meet 
emission standards. This is not adequate to alleviate my concerns about 
older and non-road engines.
  Thus, today I am introducing the Mid-Level Ethanol Blends bill. This 
bill requires that the EPA Science Advisory Board carefully evaluate 
the body of evidence presented about E15's performance in the current 
inventory of engines and report back to the Administrator before any 
waiver is granted. The report would indicate whether or not a 
sufficient body of evidence exists to support a decision to grant a 
waiver, which is hotly contested between supporters of E15 and those 
who caution against introducing the fuel into the market now. 
Automobile manufacturers who warranty their products to perform with 
E10 are justifiably concerned about whether they will be able to extend 
the warranty to users of E15 without putting themselves at significant 
economic risk. They will require significant testing of all engine and 
emission systems before accepting such risks.
  The Science Advisory Board also would report on the ability of the 
wholesale and retail gasoline fuel infrastructure to introduce an E15 
fuel into commerce without consumer confusion or misfueling. The 
Science Advisory Board also would estimate whether consumers throughout 
the country will be able to purchase gasoline other than E15 
immediately and for five years after the introduction of the new blend. 
This will provide the Administrator with information about potential 
difficulties faced by many millions of vehicle, boat, and small-engine 
devices, for example, lawnmowers, chainsaws, weed trimmers, 
snowmobiles, that have engines whose performance could be compromised 
were they unable to use any fuel other than E15.
  Once the Science Advisory Board report is released and the public has 
an opportunity to comment on the Board's findings, should the 
administrator decide to grant a waiver, this bill requires that the 
administrator formally respond to the recommendations of the Science 
Advisory Board in the waiver announcement. The administrator can only 
issue a waiver if the findings are that it will not adversely 
conventional gasoline-powered onroad and nonroad vehicles and nonroad 
engines in widespread use as of the date the new fuel is introduced.
  There are over 200 million engines in the U.S. today that could 
conceivably be damaged by the introduction of new fuel blends 
containing higher amounts of ethanol. Should this occur, it would 
result in significant hardship to millions of Americans. We simply 
cannot place so many people in jeopardy through precipitous actions. 
Any introduction of a new fuel must be done carefully with ample time 
for testing.
  As we pursue strategies to lessen our dependence on foreign oil, we 
must also take action to insure that ethanol fuel blends are safe and 
efficient for current engines. I urge my colleagues to join me, Senator 
Cardin, and the coalition of organizations endorsing this legislation, 
and ensure that the ramifications of introducing mid-level ethanol 
blends into commerce are thoroughly understood before they are granted 
a waiver from the Clear Air Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S9329]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1666

       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.
                                 ______