[Senate Report 110-494]
[From the U.S. Government Publishing Office]







                                                      Calendar No. 1070
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-494

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 REQUIRING THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO 
  CONDUCT A STUDY OF THE FEASIBILITY OF INCREASING CONSUMPTION IN THE 
           UNITED STATES OF CERTAIN ETHANOL-BLENDED GASOLINE

                                _______
                                

  September 24 (legislative day, September 17), 2008.--Ordered to be 
                                printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1828]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1828) to require the Administrator of the 
Environmental Protection Agency to study the feasibility of 
increasing consumption in the United States of certain ethanol-
blended gasoline, reports favorably thereon with an amendment, 
and recommends that the bill, as amended, do pass.

                      PURPOSES OF THE LEGISLATION

    S. 1828 would require the Administrator of the 
Environmental Protection Agency to study the feasibility of 
increasing consumption in the United States of ethanol-blended 
gasoline with levels of ethanol of not less than 10% and not 
more than 40%.

                    GENERAL STATEMENT AND BACKGROUND

    With the increase in the production and use of ethanol in 
the transportation sector, it is important for lawmakers and 
policymakers to have additional information on the feasibility 
of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol of not less than 10% 
and not more than 40%, also known as ``mid-level ethanol 
blends,'' as well as the impacts of the increased use of such 
fuels on the economy, the environment, engines, and public 
safety.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Study of increased consumption of ethanol-blended gasoline 
        with higher levels of ethanol

            Subsection (a) In general
    Subsection (a) requires the Administrator of the 
Environmental Protection Agency, in cooperation with the 
Secretaries of Energy, Agriculture, and Transportation, after 
providing notice and an opportunity for public comment, to 
study the feasibility of increasing consumption in the United 
States of ethanol-blended gasoline with levels of ethanol of 
not less than 10% and not more than 40%.
            Subsection (b) Study
    Subsection (b) requires that the study evaluate: (1) 
production and infrastructure constraints on increasing 
consumption; (2) the economic, market, and energy impacts of 
state and regional differences in ethanol blends; (3) the 
economic, market, and energy impacts on gasoline retailers and 
consumers of separate and distinctly labeled fuel storage 
facilities and dispensers; (4) the environmental impacts of 
mid-level ethanol blends on evaporative and exhaust emissions 
from on-road, off-road, and marine engines, recreational boats, 
vehicles, and equipment; (5) the impacts of mid-level ethanol 
blends on the operation, durability and performance of on-road, 
off-road, and marine engines, recreational boats, vehicles, and 
equipment; and (6) the safety impacts of mid-level ethanol 
blends on consumers that own and operate such engines or 
equipment.
            Subsection (c) Report
    Subsection (c) requires the Administrator to submit the 
report to Congress no later than 18 months from enactment of 
this Act.
            Subsection (d) Authorization of appropriations
    Subsection (d) authorizes the appropriation of $1,000,000 
to carry out this Act.

                          LEGISLATIVE HISTORY

    S. 1828 was introduced by Senator Inhofe. The bill was read 
twice and referred to the Senate Committee on Environment and 
Public Works. The Committee met on September 17, 2008, when 
S.1828 was ordered favorably reported as amended by voice vote. 
The Committee adopted, by unanimous consent, an amendment 
proposed by Senator Boxer that removed a technical amendment in 
subsection (e) to the Clean Air Act section 211(f)(4), a 
sentence that was recently amended in the Energy Independence 
and Security Act enacted in December 2007, after S. 1828 was 
introduced.

                                HEARINGS

    The Committee did not hold hearings on S. 1828 during the 
110th Congress.

                             ROLLCALL VOTES

    There were no rollcall votes. The Committee on Environment 
and Public Works ordered S. 1828 reported favorably by voice 
vote, after it was amended, by unanimous consent, by an 
amendment proposed by Senator Boxer that removed a technical 
amendment in subsection (e) to the Clean Air Act section 
211(f)(4), a sentence that was recently amended in the Energy 
Independence and Security Act enacted in December 2007, after 
S. 1828 was introduced.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b)(2) of rule XXVI of the 
Standing Rules of the Senate, the Committee states that there 
are not expected to be significant costs to private entities 
under this legislation.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee finds that S. 1828 would 
impose no Federal intergovernmental unfunded mandates on State, 
local or tribal governments.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                September 24, 2008.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1828, a bill to 
require the Administrator of the Environmental Protection 
Agency to conduct a study of the feasibility of increasing 
consumption in the United States of certain ethanol-blended 
gasoline.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1828--A bill to require the Administrator of the Environmental 
        Protection Agency to conduct a study of the feasibility of 
        increasing consumption in the United States of certain ethanol-
        blended gasoline

    S. 1828 would require the Environmental Protection Agency 
(EPA) to conduct a study to test the feasibility of increasing 
the consumption of ethanol-blended gasoline, containing between 
10 percent and 40 percent ethanol. The legislation also would 
authorize the appropriation of $1 million for EPA to conduct 
the study, which must be completed not later than 18 months 
after enactment. Assuming appropriation of the authorized 
amount, CBO estimates that implementing this legislation would 
cost $1 million over the 2009-2010 period. Enacting the bill 
would not affect direct spending or revenues.
    S. 1828 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

                                  
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