42 U.S.C. § 7545 — Regulation of fuels

Page 7339 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6a of this title. PRIOR PROVISIONS A prior section 209 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 502, was renumbered section 210 by Pub. L. 91–604 and is classified to section 7544 of this title. Another prior section 209 of act July 14, 1955, ch. 360, title II, as added Oct. 20, 1965, Pub. L. 89–272, title I, § 101(8), 79 Stat. 995, related to appropriations for the fiscal years ending June 30, 1966, 1967, 1968, and 1969, and was classified to section 1857f–8 of this title, prior to re- peal by Pub. L. 89–675, § 2(b), Oct. 15, 1966, 80 Stat. 954. AMENDMENTS 1990—Subsec. (e). Pub. L. 101–549 added subsec. (e). 1977—Subsec. (b). Pub. L. 95–95, § 207, designated exist- ing provisions as par. (1), substituted ‘‘March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards’’ for ‘‘March 30, 1966, unless he finds that such State does not require standards more stringent than applicable Federal standards to meet compelling the extraor- dinary conditions or that such State standards and ac- companying enforcement procedures are not consistent with section 7521(a) of this title’’, added subpars. (A), (B), and (C), and added pars. (2) and (3). Subsecs. (c), (d). Pub. L. 95–95, § 221, added subsec. (c) and redesignated former subsec. (c) as (d). 1970—Subsec. (a). Pub. L. 91–604, § 11(a)(2)(A), sub- stituted ‘‘part’’ for ‘‘subchapter’’. Subsec. (b). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Subsec. (c). Pub. L. 91–604, § 11(a)(2)(A), substituted ‘‘part’’ for ‘‘subchapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7544. State grants The Administrator is authorized to make grants to appropriate State agencies in an amount up to two-thirds of the cost of devel- oping and maintaining effective vehicle emis- sion devices and systems inspection and emis- sion testing and control programs, except that— (1) no such grant shall be made for any part of any State vehicle inspection program which does not directly relate to the cost of the air pollution control aspects of such a program; (2) no such grant shall be made unless the Secretary of Transportation has certified to the Administrator that such program is con- sistent with any highway safety program de- veloped pursuant to section 402 of title 23; and (3) no such grant shall be made unless the program includes provisions designed to insure that emission control devices and systems on vehicles in actual use have not been discon- tinued or rendered inoperative. Grants may be made under this section by way of reimbursement in any case in which amounts have been expended by the State before the date on which any such grant was made. (July 14, 1955, ch. 360, title II, § 210, formerly § 209, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 502; renumbered and amended Pub. L. 91–604, §§ 8(a), 10(b), Dec. 31, 1970, 84 Stat. 1694, 1700; Pub. L. 95–95, title II, § 204, Aug. 7, 1977, 91 Stat. 754.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–6b of this title. PRIOR PROVISIONS A prior section 210 of act July 14, 1955, was renum- bered section 211 by Pub. L. 91–604 and is classified to section 7545 of this title. AMENDMENTS 1977—Pub. L. 95–95 inserted provision allowing grants to be made by way of reimbursement in any case in which amounts have been expended by States before the date on which the grants were made. 1970—Pub. L. 91–604, § 10(b), substituted provisions au- thorizing the Administrator to make grants to appro- priate State agencies for the development and mainte- nance of effective vehicle emission devices and systems inspection and emission testing and control programs, for provisions authorizing the Secretary to make grants to appropriate State air pollution control agen- cies for the development of meaningful uniform motor vehicle emission device inspection and emission testing programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. § 7545. Regulation of fuels (a) Authority of Administrator to regulate The Administrator may by regulation des- ignate any fuel or fuel additive (including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles) and, after such date or dates as may be prescribed by him, no manu- facturer or processor of any such fuel or additive may sell, offer for sale, or introduce into com- merce such fuel or additive unless the Adminis- trator has registered such fuel or additive in ac- cordance with subsection (b) of this section. (b) Registration requirement (1) For the purpose of registration of fuels and fuel additives, the Administrator shall require— Page 7340 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 1 So in original. Probably should be ‘‘the’’. 2 So in original. Par. (1) does not contain a cl. (A). (A) the manufacturer of any fuel to notify him as to the commercial identifying name and manufacturer of any additive contained in such fuel; the range of concentration of any additive in the fuel; and the purpose-in-use of any such additive; and (B) the manufacturer of any additive to no- tify him as to the chemical composition of such additive. (2) For the purpose of registration of fuels and fuel additives, the Administrator shall, on a reg- ular basis, require the manufacturer of any fuel or fuel additive— (A) to conduct tests to determine potential public health and environmental effects of the fuel or additive (including carcinogenic, teratogenic, or mutagenic effects); and (B) to furnish the description of any analyt- ical technique that can be used to detect and measure any additive in such fuel, the rec- ommended range of concentration of such ad- ditive, and the recommended purpose-in-use of such additive, and such other information as is reasonable and necessary to determine the emissions resulting from the use of the fuel or additive contained in such fuel, the effect of such fuel or additive on the emission control performance of any vehicle, vehicle engine, nonroad engine or nonroad vehicle, or the ex- tent to which such emissions affect the public health or welfare. Tests under subparagraph (A) shall be conducted in conformity with test procedures and proto- cols established by the Administrator. The re- sult of such tests shall not be considered con- fidential. (3) Upon compliance with the provision of this subsection, including assurances that the Ad- ministrator will receive changes in the informa- tion required, the Administrator shall register such fuel or fuel additive. (4) STUDY ON CERTAIN FUEL ADDITIVES AND BLENDSTOCKS.— (A) IN GENERAL.—Not later than 2 years after August 8, 2005, the Administrator shall— (i) conduct a study on the effects on public health (including the effects on children, pregnant women, minority or low-income communities, and other sensitive popu- lations), air quality, and water resources of increased use of, and the feasibility of using as substitutes for methyl tertiary butyl ether in gasoline— (I) ethyl tertiary butyl ether; (II) tertiary amyl methyl ether; (III) di-isopropyl ether; (IV) tertiary butyl alcohol; (V) other ethers and heavy alcohols, as determined by then 1 Administrator; (VI) ethanol; (VII) iso-octane; and (VIII) alkylates; and (ii) conduct a study on the effects on pub- lic health (including the effects on children, pregnant women, minority or low-income communities, and other sensitive popu- lations), air quality, and water resources of the adjustment for ethanol-blended reformu- lated gasoline to the volatile organic com- pounds performance requirements that are applicable under paragraphs (1) and (3) of subsection (k); and (iii) submit to the Committee on Environ- ment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report de- scribing the results of the studies under clauses (i) and (ii). (B) CONTRACTS FOR STUDY.—In carrying out this paragraph, the Administrator may enter into one or more contracts with nongovern- mental entities such as— (i) the national energy laboratories; and (ii) institutions of higher education (as de- fined in section 1001 of title 20). (c) Offending fuels and fuel additives; control; prohibition (1) The Administrator may, from time to time on the basis of information obtained under sub- section (b) of this section or other information available to him, by regulation, control or pro- hibit the manufacture, introduction into com- merce, offering for sale, or sale of any fuel or fuel additive for use in a motor vehicle, motor vehicle engine, or nonroad engine or nonroad ve- hicle if, in the judgment of the Administrator, any fuel or fuel additive or any emission product of such fuel or fuel additive causes, or contrib- utes, to air pollution or water pollution (includ- ing any degradation in the quality of ground- water) that may reasonably be anticipated to endanger the public health or welfare, or (B) 2 if emission products of such fuel or fuel additive will impair to a significant degree the perform- ance of any emission control device or system which is in general use, or which the Adminis- trator finds has been developed to a point where in a reasonable time it would be in general use were such regulation to be promulgated. (2)(A) No fuel, class of fuels, or fuel additive may be controlled or prohibited by the Adminis- trator pursuant to clause (A) of paragraph (1) ex- cept after consideration of all relevant medical and scientific evidence available to him, includ- ing consideration of other technologically or economically feasible means of achieving emis- sion standards under section 7521 of this title. (B) No fuel or fuel additive may be controlled or prohibited by the Administrator pursuant to clause (B) of paragraph (1) except after consider- ation of available scientific and economic data, including a cost benefit analysis comparing emission control devices or systems which are or will be in general use and require the pro- posed control or prohibition with emission con- trol devices or systems which are or will be in general use and do not require the proposed con- trol or prohibition. On request of a manufac- turer of motor vehicles, motor vehicle engines, fuels, or fuel additives submitted within 10 days of notice of proposed rulemaking, the Adminis- trator shall hold a public hearing and publish findings with respect to any matter he is re- quired to consider under this subparagraph. Such findings shall be published at the time of promulgation of final regulations. Page 7341 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 3 So in original. Two cls. (v) have been enacted. (C) No fuel or fuel additive may be prohibited by the Administrator under paragraph (1) unless he finds, and publishes such finding, that in his judgment such prohibition will not cause the use of any other fuel or fuel additive which will produce emissions which will endanger the pub- lic health or welfare to the same or greater de- gree than the use of the fuel or fuel additive pro- posed to be prohibited. (3)(A) For the purpose of obtaining evidence and data to carry out paragraph (2), the Admin- istrator may require the manufacturer of any motor vehicle or motor vehicle engine to furnish any information which has been developed con- cerning the emissions from motor vehicles re- sulting from the use of any fuel or fuel additive, or the effect of such use on the performance of any emission control device or system. (B) In obtaining information under subpara- graph (A), section 7607(a) of this title (relating to subpenas) shall be applicable. (4)(A) Except as otherwise provided in sub- paragraph (B) or (C), no State (or political sub- division thereof) may prescribe or attempt to enforce, for purposes of motor vehicle emission control, any control or prohibition respecting any characteristic or component of a fuel or fuel additive in a motor vehicle or motor vehicle en- gine— (i) if the Administrator has found that no control or prohibition of the characteristic or component of a fuel or fuel additive under paragraph (1) is necessary and has published his finding in the Federal Register, or (ii) if the Administrator has prescribed under paragraph (1) a control or prohibition applicable to such characteristic or compo- nent of a fuel or fuel additive, unless State prohibition or control is identical to the pro- hibition or control prescribed by the Adminis- trator. (B) Any State for which application of section 7543(a) of this title has at any time been waived under section 7543(b) of this title may at any time prescribe and enforce, for the purpose of motor vehicle emission control, a control or pro- hibition respecting any fuel or fuel additive. (C)(i) A State may prescribe and enforce, for purposes of motor vehicle emission control, a control or prohibition respecting the use of a fuel or fuel additive in a motor vehicle or motor vehicle engine if an applicable implementation plan for such State under section 7410 of this title so provides. The Administrator may ap- prove such provision in an implementation plan, or promulgate an implementation plan con- taining such a provision, only if he finds that the State control or prohibition is necessary to achieve the national primary or secondary am- bient air quality standard which the plan imple- ments. The Administrator may find that a State control or prohibition is necessary to achieve that standard if no other measures that would bring about timely attainment exist, or if other measures exist and are technically possible to implement, but are unreasonable or impracti- cable. The Administrator may make a finding of necessity under this subparagraph even if the plan for the area does not contain an approved demonstration of timely attainment. (ii) The Administrator may temporarily waive a control or prohibition respecting the use of a fuel or fuel additive required or regulated by the Administrator pursuant to subsection (c), (h), (i), (k), or (m) of this section or prescribed in an applicable implementation plan under section 7410 of this title approved by the Administrator under clause (i) of this subparagraph if, after consultation with, and concurrence by, the Sec- retary of Energy, the Administrator determines that— (I) extreme and unusual fuel or fuel additive supply circumstances exist in a State or re- gion of the Nation which prevent the distribu- tion of an adequate supply of the fuel or fuel additive to consumers; (II) such extreme and unusual fuel and fuel additive supply circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not the lack of pru- dent planning on the part of the suppliers of the fuel or fuel additive to such State or re- gion; and (III) it is in the public interest to grant the waiver (for example, when a waiver is nec- essary to meet projected temporary shortfalls in the supply of the fuel or fuel additive in a State or region of the Nation which cannot otherwise be compensated for). (iii) If the Administrator makes the deter- minations required under clause (ii), such a tem- porary extreme and unusual fuel and fuel addi- tive supply circumstances waiver shall be per- mitted only if— (I) the waiver applies to the smallest geo- graphic area necessary to address the extreme and unusual fuel and fuel additive supply cir- cumstances; (II) the waiver is effective for a period of 20 calendar days or, if the Administrator deter- mines that a shorter waiver period is ade- quate, for the shortest practicable time period necessary to permit the correction of the ex- treme and unusual fuel and fuel additive sup- ply circumstances and to mitigate impact on air quality; (III) the waiver permits a transitional pe- riod, the exact duration of which shall be de- termined by the Administrator (but which shall be for the shortest practicable period), after the termination of the temporary waiver to permit wholesalers and retailers to blend down their wholesale and retail inventory; (IV) the waiver applies to all persons in the motor fuel distribution system; and (V) the Administrator has given public no- tice to all parties in the motor fuel distribu- tion system, and local and State regulators, in the State or region to be covered by the waiv- er. The term ‘‘motor fuel distribution system’’ as used in this clause shall be defined by the Ad- ministrator through rulemaking. (iv) Within 180 days of August 8, 2005, the Ad- ministrator shall promulgate regulations to im- plement clauses (ii) and (iii). (v) 3 Nothing in this subparagraph shall— (I) limit or otherwise affect the application of any other waiver authority of the Adminis- Page 7342 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 trator pursuant to this section or pursuant to a regulation promulgated pursuant to this sec- tion; and (II) subject any State or person to an en- forcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under this subparagraph. (v)(I) 3 The Administrator shall have no au- thority, when considering a State implementa- tion plan or a State implementation plan revi- sion, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval increases the total number of fuels approved under this paragraph as of Sep- tember 1, 2004, in all State implementation plans. (II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this para- graph as of September 1, 2004, in all State imple- mentation plans and shall publish a list of such fuels, including the States and Petroleum Ad- ministration for Defense District in which they are used, in the Federal Register for public re- view and comment no later than 90 days after August 8, 2005. (III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implemen- tation plan or if a fuel in a State implementa- tion plan is identical to a Federal fuel formula- tion implemented by the Administrator, but the Administrator shall not reduce the total number of fuels authorized under the list published under subclause (II). (IV) Subclause (I) shall not limit the Adminis- trator’s authority to approve a control or prohi- bition respecting any new fuel under this para- graph in a State implementation plan or revi- sion to a State implementation plan if such new fuel— (aa) completely replaces a fuel on the list published under subclause (II); or (bb) does not increase the total number of fuels on the list published under subclause (II) as of September 1, 2004. In the event that the total number of fuels on the list published under subclause (II) at the time of the Administrator’s consideration of a control or prohibition respecting a new fuel is lower than the total number of fuels on such list as of September 1, 2004, the Administrator may approve a control or prohibition respecting a new fuel under this subclause if the Adminis- trator, after consultation with the Secretary of Energy, publishes in the Federal Register after notice and comment a finding that, in the Ad- ministrator’s judgment, such control or prohibi- tion respecting a new fuel will not cause fuel supply or distribution interruptions or have a significant adverse impact on fuel producibility in the affected area or contiguous areas. (V) The Administrator shall have no authority under this paragraph, when considering any par- ticular State’s implementation plan or a revi- sion to that State’s implementation plan, to ap- prove any fuel unless that fuel was, as of the date of such consideration, approved in at least one State implementation plan in the applicable Petroleum Administration for Defense District. However, the Administrator may approve as part of a State implementation plan or State implementation plan revision a fuel with a sum- mertime Reid Vapor Pressure of 7.0 psi. In no event shall such approval by the Administrator cause an increase in the total number of fuels on the list published under subclause (II). (VI) Nothing in this clause shall be construed to have any effect regarding any available au- thority of States to require the use of any fuel additive registered in accordance with sub- section (b), including any fuel additive reg- istered in accordance with subsection (b) after August 8, 2005. (d) Penalties and injunctions (1) Civil penalties Any person who violates subsection (a), (f), (g), (k), (l), (m), (n), or (o) of this section or the regulations prescribed under subsection (c), (h), (i), (k), (l), (m), (n), or (o) of this section or who fails to furnish any information or con- duct any tests required by the Administrator under subsection (b) of this section shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of eco- nomic benefit or savings resulting from the violation. Any violation with respect to a reg- ulation prescribed under subsection (c), (k), (l), (m), or (o) of this section which establishes a regulatory standard based upon a multiday averaging period shall constitute a separate day of violation for each and every day in the averaging period. Civil penalties shall be as- sessed in accordance with subsections (b) and (c) of section 7524 of this title. (2) Injunctive authority The district courts of the United States shall have jurisdiction to restrain violations of subsections (a), (f), (g), (k), (l), (m), (n), and (o) of this section and of the regulations pre- scribed under subsections (c), (h), (i), (k), (l), (m), (n), and (o) of this section, to award other appropriate relief, and to compel the fur- nishing of information and the conduct of tests required by the Administrator under sub- section (b) of this section. Actions to restrain such violations and compel such actions shall be brought by and in the name of the United States. In any such action, subpoenas for wit- nesses who are required to attend a district court in any district may run into any other district. (e) Testing of fuels and fuel additives (1) Not later than one year after August 7, 1977, and after notice and opportunity for a pub- lic hearing, the Administrator shall promulgate regulations which implement the authority under subsection (b)(2)(A) and (B) with respect to each fuel or fuel additive which is registered on the date of promulgation of such regulations and with respect to each fuel or fuel additive for which an application for registration is filed thereafter. (2) Regulations under subsection (b) to carry out this subsection shall require that the req- uisite information be provided to the Adminis- trator by each such manufacturer— (A) prior to registration, in the case of any fuel or fuel additive which is not registered on Page 7343 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 the date of promulgation of such regulations; or (B) not later than three years after the date of promulgation of such regulations, in the case of any fuel or fuel additive which is reg- istered on such date. (3) In promulgating such regulations, the Ad- ministrator may— (A) exempt any small business (as defined in such regulations) from or defer or modify the requirements of, such regulations with respect to any such small business; (B) provide for cost-sharing with respect to the testing of any fuel or fuel additive which is manufactured or processed by two or more persons or otherwise provide for shared re- sponsibility to meet the requirements of this section without duplication; or (C) exempt any person from such regulations with respect to a particular fuel or fuel addi- tive upon a finding that any additional testing of such fuel or fuel additive would be duplica- tive of adequate existing testing. (f) New fuels and fuel additives (1)(A) Effective upon March 31, 1977, it shall be unlawful for any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for general use in light duty motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under section 7525 of this title. (B) Effective upon November 15, 1990, it shall be unlawful for any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for use by any person in motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under section 7525 of this title. (2) Effective November 30, 1977, it shall be un- lawful for any manufacturer of any fuel to intro- duce into commerce any gasoline which con- tains a concentration of manganese in excess of .0625 grams per gallon of fuel, except as other- wise provided pursuant to a waiver under para- graph (4). (3) Any manufacturer of any fuel or fuel addi- tive which prior to March 31, 1977, and after Jan- uary 1, 1974, first introduced into commerce or increased the concentration in use of a fuel or fuel additive that would otherwise have been prohibited under paragraph (1)(A) if introduced on or after March 31, 1977 shall, not later than September 15, 1978, cease to distribute such fuel or fuel additive in commerce. During the period beginning 180 days after August 7, 1977, and be- fore September 15, 1978, the Administrator shall prohibit, or restrict the concentration of any fuel additive which he determines will cause or contribute to the failure of an emission control device or system (over the useful life of any ve- hicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified under section 7525 of this title. (4) The Administrator, upon application of any manufacturer of any fuel or fuel additive, may waive the prohibitions established under para- graph (1) or (3) of this subsection or the limita- tion specified in paragraph (2) of this subsection, if he determines that the applicant has estab- lished that such fuel or fuel additive or a speci- fied concentration thereof, and the emission products of such fuel or fuel additive or specified concentration thereof, will not cause or con- tribute to a failure of any emission control de- vice or system (over the useful life of the motor vehicle, motor vehicle engine, nonroad engine or nonroad vehicle in which such device or system is used) to achieve compliance by the vehicle or engine with the emission standards with respect to which it has been certified pursuant to sec- tions 7525 and 7547(a) of this title. The Adminis- trator shall take final action to grant or deny an application submitted under this paragraph, after public notice and comment, within 270 days of the receipt of such an application. (5) No action of the Administrator under this section may be stayed by any court pending ju- dicial review of such action. (g) Misfueling (1) No person shall introduce, or cause or allow the introduction of, leaded gasoline into any motor vehicle which is labeled ‘‘unleaded gaso- line only,’’ which is equipped with a gasoline tank filler inlet designed for the introduction of unleaded gasoline, which is a 1990 or later model year motor vehicle, or which such person knows or should know is a vehicle designed solely for the use of unleaded gasoline. (2) Beginning October 1, 1993, no person shall introduce or cause or allow the introduction into any motor vehicle of diesel fuel which such person knows or should know contains a con- centration of sulfur in excess of 0.05 percent (by weight) or which fails to meet a cetane index minimum of 40 or such equivalent alternative aromatic level as prescribed by the Adminis- trator under subsection (i)(2). (h) Reid Vapor Pressure requirements (1) Prohibition Not later than 6 months after November 15, 1990, the Administrator shall promulgate regu- lations making it unlawful for any person dur- ing the high ozone season (as defined by the Administrator) to sell, offer for sale, dispense, supply, offer for supply, transport, or intro- duce into commerce gasoline with a Reid Vapor Pressure in excess of 9.0 pounds per square inch (psi). Such regulations shall also establish more stringent Reid Vapor Pressure standards in a nonattainment area as the Ad- ministrator finds necessary to generally achieve comparable evaporative emissions (on a per-vehicle basis) in nonattainment areas, taking into consideration the enforceability of such standards, the need of an area for emis- sion control, and economic factors. (2) Attainment areas The regulations under this subsection shall not make it unlawful for any person to sell, offer for supply, transport, or introduce into Page 7344 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 commerce gasoline with a Reid Vapor Pres- sure of 9.0 pounds per square inch (psi) or lower in any area designated under section 7407 of this title as an attainment area. Not- withstanding the preceding sentence, the Ad- ministrator may impose a Reid vapor pressure requirement lower than 9.0 pounds per square inch (psi) in any area, formerly an ozone non- attainment area, which has been redesignated as an attainment area. (3) Effective date; enforcement The regulations under this subsection shall provide that the requirements of this sub- section shall take effect not later than the high ozone season for 1992, and shall include such provisions as the Administrator deter- mines are necessary to implement and enforce the requirements of this subsection. (4) Ethanol waiver For fuel blends containing gasoline and 10 percent denatured anhydrous ethanol, the Reid vapor pressure limitation under this sub- section shall be one pound per square inch (psi) greater than the applicable Reid vapor pressure limitations established under para- graph (1); Provided, however, That a dis- tributor, blender, marketer, reseller, carrier, retailer, or wholesale purchaser-consumer shall be deemed to be in full compliance with the provisions of this subsection and the regu- lations promulgated thereunder if it can dem- onstrate (by showing receipt of a certification or other evidence acceptable to the Adminis- trator) that— (A) the gasoline portion of the blend com- plies with the Reid vapor pressure limita- tions promulgated pursuant to this sub- section; (B) the ethanol portion of the blend does not exceed its waiver condition under sub- section (f)(4); and (C) no additional alcohol or other additive has been added to increase the Reid Vapor Pressure of the ethanol portion of the blend. (5) Exclusion from ethanol waiver (A) Promulgation of regulations Upon notification, accompanied by sup- porting documentation, from the Governor of a State that the Reid vapor pressure limi- tation established by paragraph (4) will in- crease emissions that contribute to air pol- lution in any area in the State, the Adminis- trator shall, by regulation, apply, in lieu of the Reid vapor pressure limitation estab- lished by paragraph (4), the Reid vapor pres- sure limitation established by paragraph (1) to all fuel blends containing gasoline and 10 percent denatured anhydrous ethanol that are sold, offered for sale, dispensed, supplied, offered for supply, transported, or intro- duced into commerce in the area during the high ozone season. (B) Deadline for promulgation The Administrator shall promulgate regu- lations under subparagraph (A) not later than 90 days after the date of receipt of a no- tification from a Governor under that sub- paragraph. (C) Effective date (i) In general With respect to an area in a State for which the Governor submits a notification under subparagraph (A), the regulations under that subparagraph shall take effect on the later of— (I) the first day of the first high ozone season for the area that begins after the date of receipt of the notification; or (II) 1 year after the date of receipt of the notification. (ii) Extension of effective date based on de- termination of insufficient supply (I) In general If, after receipt of a notification with respect to an area from a Governor of a State under subparagraph (A), the Ad- ministrator determines, on the Adminis- trator’s own motion or on petition of any person and after consultation with the Secretary of Energy, that the pro- mulgation of regulations described in subparagraph (A) would result in an in- sufficient supply of gasoline in the State, the Administrator, by regula- tion— (aa) shall extend the effective date of the regulations under clause (i) with respect to the area for not more than 1 year; and (bb) may renew the extension under item (aa) for two additional periods, each of which shall not exceed 1 year. (II) Deadline for action on petitions The Administrator shall act on any pe- tition submitted under subclause (I) not later than 180 days after the date of re- ceipt of the petition. (6) Areas covered The provisions of this subsection shall apply only to the 48 contiguous States and the Dis- trict of Columbia. (i) Sulfur content requirements for diesel fuel (1) Effective October 1, 1993, no person shall manufacture, sell, supply, offer for sale or sup- ply, dispense, transport, or introduce into com- merce motor vehicle diesel fuel which contains a concentration of sulfur in excess of 0.05 percent (by weight) or which fails to meet a cetane index minimum of 40. (2) Not later than 12 months after November 15, 1990, the Administrator shall promulgate reg- ulations to implement and enforce the require- ments of paragraph (1). The Administrator may require manufacturers and importers of diesel fuel not intended for use in motor vehicles to dye such fuel in a particular manner in order to segregate it from motor vehicle diesel fuel. The Administrator may establish an equivalent al- ternative aromatic level to the cetane index specification in paragraph (1). (3) The sulfur content of fuel required to be used in the certification of 1991 through 1993 model year heavy-duty diesel vehicles and en- gines shall be 0.10 percent (by weight). The sul- fur content and cetane index minimum of fuel Page 7345 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 4 So in original. Probably should be section ‘‘7625–1’’. required to be used in the certification of 1994 and later model year heavy-duty diesel vehicles and engines shall comply with the regulations promulgated under paragraph (2). (4) The States of Alaska and Hawaii may be exempted from the requirements of this sub- section in the same manner as provided in sec- tion 7625 4 of this title. The Administrator shall take final action on any petition filed under sec- tion 7625 4 of this title or this paragraph for an exemption from the requirements of this sub- section, within 12 months from the date of the petition. (j) Lead substitute gasoline additives (1) After November 15, 1990, any person pro- posing to register any gasoline additive under subsection (a) or to use any previously reg- istered additive as a lead substitute may also elect to register the additive as a lead substitute gasoline additive for reducing valve seat wear by providing the Administrator with such relevant information regarding product identity and composition as the Administrator deems nec- essary for carrying out the responsibilities of paragraph (2) of this subsection (in addition to other information which may be required under subsection (b)). (2) In addition to the other testing which may be required under subsection (b), in the case of the lead substitute gasoline additives referred to in paragraph (1), the Administrator shall de- velop and publish a test procedure to determine the additives’ effectiveness in reducing valve seat wear and the additives’ tendencies to produce engine deposits and other adverse side effects. The test procedures shall be developed in cooperation with the Secretary of Agriculture and with the input of additive manufacturers, engine and engine components manufacturers, and other interested persons. The Administrator shall enter into arrangements with an inde- pendent laboratory to conduct tests of each ad- ditive using the test procedures developed and published pursuant to this paragraph. The Ad- ministrator shall publish the results of the tests by company and additive name in the Federal Register along with, for comparison purposes, the results of applying the same test procedures to gasoline containing 0.1 gram of lead per gal- lon in lieu of the lead substitute gasoline addi- tive. The Administrator shall not rank or other- wise rate the lead substitute additives. Test pro- cedures shall be established within 1 year after November 15, 1990. Additives shall be tested within 18 months of November 15, 1990, or 6 months after the lead substitute additives are identified to the Administrator, whichever is later. (3) The Administrator may impose a user fee to recover the costs of testing of any fuel addi- tive referred to in this subsection. The fee shall be paid by the person proposing to register the fuel additive concerned. Such fee shall not ex- ceed $20,000 for a single fuel additive. (4) There are authorized to be appropriated to the Administrator not more than $1,000,000 for the second full fiscal year after November 15, 1990, to establish test procedures and conduct engine tests as provided in this subsection. Not more than $500,000 per year is authorized to be appropriated for each of the 5 subsequent fiscal years. (5) Any fees collected under this subsection shall be deposited in a special fund in the United States Treasury for licensing and other services which thereafter shall be available for appro- priation, to remain available until expended, to carry out the Agency’s activities for which the fees were collected. (k) Reformulated gasoline for conventional vehi- cles (1) EPA regulations (A) In general Not later than November 15, 1991, the Ad- ministrator shall promulgate regulations under this section establishing requirements for reformulated gasoline to be used in gaso- line-fueled vehicles in specified nonattain- ment areas. Such regulations shall require the greatest reduction in emissions of ozone forming volatile organic compounds (during the high ozone season) and emissions of toxic air pollutants (during the entire year) achievable through the reformulation of conventional gasoline, taking into consider- ation the cost of achieving such emission re- ductions, any nonair-quality and other air- quality related health and environmental impacts and energy requirements. (B) Maintenance of toxic air pollutant emis- sions reductions from reformulated gaso- line (i) Definition of PADD In this subparagraph the term ‘‘PADD’’ means a Petroleum Administration for De- fense District. (ii) Regulations concerning emissions of toxic air pollutants Not later than 270 days after August 8, 2005, the Administrator shall establish by regulation, for each refinery or importer (other than a refiner or importer in a State that has received a waiver under sec- tion 7543(b) of this title with respect to gasoline produced for use in that State), standards for toxic air pollutants from use of the reformulated gasoline produced or distributed by the refiner or importer that maintain the reduction of the average an- nual aggregate emissions of toxic air pol- lutants for reformulated gasoline produced or distributed by the refiner or importer during calendar years 2001 and 2002 (as de- termined on the basis of data collected by the Administrator with respect to the re- finer or importer). (iii) Standards applicable to specific refin- eries or importers (I) Applicability of standards For any calendar year, the standards applicable to a refiner or importer under clause (ii) shall apply to the quantity of gasoline produced or distributed by the refiner or importer in the calendar year only to the extent that the quantity is Page 7346 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 5 So in original. See References in Text note below. less than or equal to the average annual quantity of reformulated gasoline pro- duced or distributed by the refiner or im- porter during calendar years 2001 and 2002. (II) Applicability of other standards For any calendar year, the quantity of gasoline produced or distributed by a re- finer or importer that is in excess of the quantity subject to subclause (I) shall be subject to standards for emissions of toxic air pollutants promulgated under subparagraph (A) and paragraph (3)(B). (iv) Credit program The Administrator shall provide for the granting and use of credits for emissions of toxic air pollutants in the same manner as provided in paragraph (7). (v) Regional protection of toxics reduction baselines (I) In general Not later than 60 days after August 8, 2005, and not later than April 1 of each calendar year that begins after August 8, 2005, the Administrator shall publish in the Federal Register a report that speci- fies, with respect to the previous cal- endar year— (aa) the quantity of reformulated gasoline produced that is in excess of the average annual quantity of refor- mulated gasoline produced in 2001 and 2002; and (bb) the reduction of the average an- nual aggregate emissions of toxic air pollutants in each PADD, based on re- tail survey data or data from other ap- propriate sources. (II) Effect of failure to maintain aggre- gate toxics reductions If, in any calendar year, the reduction of the average annual aggregate emis- sions of toxic air pollutants in a PADD fails to meet or exceed the reduction of the average annual aggregate emissions of toxic air pollutants in the PADD in calendar years 2001 and 2002, the Admin- istrator, not later than 90 days after the date of publication of the report for the calendar year under subclause (I), shall— (aa) identify, to the maximum extent practicable, the reasons for the failure, including the sources, volumes, and characteristics of reformulated gaso- line that contributed to the failure; and (bb) promulgate revisions to the reg- ulations promulgated under clause (ii), to take effect not earlier than 180 days but not later than 270 days after the date of promulgation, to provide that, notwithstanding clause (iii)(II), all re- formulated gasoline produced or dis- tributed at each refiner or importer shall meet the standards applicable under clause (iii)(I) beginning not later than April 1 of the calendar year fol- lowing publication of the report under subclause (I) and in each calendar year thereafter. (vi) Not later than July 1, 2007, the Ad- ministrator shall promulgate final regula- tions to control hazardous air pollutants from motor vehicles and motor vehicle fuels, as provided for in section 80.1045 of title 40, Code of Federal Regulations (as in effect on August 8, 2005), and as authorized under section 7521(l) 5 of this title. If the Administrator promulgates by such date, final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels that achieve and maintain greater overall reductions in emissions of air toxics from reformulated gasoline than the reductions that would be achieved under subsection (k)(1)(B) as amended by this clause, then subsections (k)(1)(B)(i) through (k)(1)(B)(v) shall be null and void and regulations promulgated thereunder shall be rescinded and have no further ef- fect. (2) General requirements The regulations referred to in paragraph (1) shall require that reformulated gasoline com- ply with paragraph (3) and with each of the following requirements (subject to paragraph (7)): (A) NOx emissions The emissions of oxides of nitrogen (NOx) from baseline vehicles when using the refor- mulated gasoline shall be no greater than the level of such emissions from such vehi- cles when using baseline gasoline. If the Ad- ministrator determines that compliance with the limitation on emissions of oxides of nitrogen under the preceding sentence is technically infeasible, considering the other requirements applicable under this sub- section to such gasoline, the Administrator may, as appropriate to ensure compliance with this subparagraph, adjust (or waive en- tirely), any other requirements of this para- graph or any requirements applicable under paragraph (3)(A). (B) Benzene content The benzene content of the gasoline shall not exceed 1.0 percent by volume. (C) Heavy metals The gasoline shall have no heavy metals, including lead or manganese. The Adminis- trator may waive the prohibition contained in this subparagraph for a heavy metal (other than lead) if the Administrator deter- mines that addition of the heavy metal to the gasoline will not increase, on an aggre- gate mass or cancer-risk basis, toxic air pol- lutant emissions from motor vehicles. (3) More stringent of formula or performance standards The regulations referred to in paragraph (1) shall require compliance with the more strin- gent of either the requirements set forth in subparagraph (A) or the requirements of sub- Page 7347 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 6 So in original. Probably should be ‘‘properly’’. paragraph (B) of this paragraph. For purposes of determining the more stringent provision, clause (i) and clause (ii) of subparagraph (B) shall be considered independently. (A) Formula (i) Benzene The benzene content of the reformulated gasoline shall not exceed 1.0 percent by volume. (ii) Aromatics The aromatic hydrocarbon content of the reformulated gasoline shall not exceed 25 percent by volume. (iii) Lead The reformulated gasoline shall have no lead content. (iv) Detergents The reformulated gasoline shall contain additives to prevent the accumulation of deposits in engines or vehicle fuel supply systems. (B) Performance standard (i) VOC emissions During the high ozone season (as defined by the Administrator), the aggregate emis- sions of ozone forming volatile organic compounds from baseline vehicles when using the reformulated gasoline shall be 15 percent below the aggregate emissions of ozone forming volatile organic compounds from such vehicles when using baseline gasoline. Effective in calendar year 2000 and thereafter, 25 percent shall be sub- stituted for 15 percent in applying this clause, except that the Administrator may adjust such 25 percent requirement to pro- vide for a lesser or greater reduction based on technological feasibility, considering the cost of achieving such reductions in VOC emissions. No such adjustment shall provide for less than a 20 percent reduction below the aggregate emissions of such air pollutants from such vehicles when using baseline gasoline. The reductions required under this clause shall be on a mass basis. (ii) Toxics During the entire year, the aggregate emissions of toxic air pollutants from baseline vehicles when using the reformu- lated gasoline shall be 15 percent below the aggregate emissions of toxic air pollutants from such vehicles when using baseline gasoline. Effective in calendar year 2000 and thereafter, 25 percent shall be sub- stituted for 15 percent in applying this clause, except that the Administrator may adjust such 25 percent requirement to pro- vide for a lesser or greater reduction based on technological feasibility, considering the cost of achieving such reductions in toxic air pollutants. No such adjustment shall provide for less than a 20 percent re- duction below the aggregate emissions of such air pollutants from such vehicles when using baseline gasoline. The reduc- tions required under this clause shall be on a mass basis. Any reduction greater than a specific percent- age reduction required under this subpara- graph shall be treated as satisfying such per- centage reduction requirement. (4) Certification procedures (A) Regulations The regulations under this subsection shall include procedures under which the Ad- ministrator shall certify reformulated gaso- line as complying with the requirements es- tablished pursuant to this subsection. Under such regulations, the Administrator shall es- tablish procedures for any person to petition the Administrator to certify a fuel formula- tion, or slate of fuel formulations. Such pro- cedures shall further require that the Ad- ministrator shall approve or deny such peti- tion within 180 days of receipt. If the Admin- istrator fails to act within such 180-day pe- riod, the fuel shall be deemed certified until the Administrator completes action on the petition. (B) Certification; equivalency The Administrator shall certify a fuel for- mulation or slate of fuel formulations as complying with this subsection if such fuel or fuels— (i) comply with the requirements of paragraph (2), and (ii) achieve equivalent or greater reduc- tions in emissions of ozone forming vola- tile organic compounds and emissions of toxic air pollutants than are achieved by a reformulated gasoline meeting the appli- cable requirements of paragraph (3). (C) EPA determination of emissions level Within 1 year after November 15, 1990, the Administrator shall determine the level of emissions of ozone forming volatile organic compounds and emissions of toxic air pollut- ants emitted by baseline vehicles when oper- ating on baseline gasoline. For purposes of this subsection, within 1 year after Novem- ber 15, 1990, the Administrator shall, by rule, determine appropriate measures of, and methodology for, ascertaining the emissions of air pollutants (including calculations, equipment, and testing tolerances). (5) Prohibition Effective beginning January 1, 1995, each of the following shall be a violation of this sub- section: (A) The sale or dispensing by any person of conventional gasoline to ultimate con- sumers in any covered area. (B) The sale or dispensing by any refiner, blender, importer, or marketer of conven- tional gasoline for resale in any covered area, without (i) segregating such gasoline from reformulated gasoline, and (ii) clearly marking such conventional gasoline as ‘‘con- ventional gasoline, not for sale to ultimate consumer in a covered area’’. Any refiner, blender, importer or marketer who purchases property 6 segregated and marked conventional gasoline, and thereafter Page 7348 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 labels, represents, or wholesales such gasoline as reformulated gasoline shall also be in viola- tion of this subsection. The Administrator may impose sampling, testing, and record- keeping requirements upon any refiner, blend- er, importer, or marketer to prevent viola- tions of this section. (6) Opt-in areas (A) Classified areas (i) In general Upon the application of the Governor of a State, the Administrator shall apply the prohibition set forth in paragraph (5) in any area in the State classified under sub- part 2 of part D of subchapter I as a Mar- ginal, Moderate, Serious, or Severe Area (without regard to whether or not the 1980 population of the area exceeds 250,000). In any such case, the Administrator shall es- tablish an effective date for such prohibi- tion as he deems appropriate, not later than January 1, 1995, or 1 year after such application is received, whichever is later. The Administrator shall publish such ap- plication in the Federal Register upon re- ceipt. (ii) Effect of insufficient domestic capacity to produce reformulated gasoline If the Administrator determines, on the Administrator’s own motion or on petition of any person, after consultation with the Secretary of Energy, that there is insuffi- cient domestic capacity to produce gaso- line certified under this subsection, the Administrator shall, by rule, extend the ef- fective date of such prohibition in Mar- ginal, Moderate, Serious, or Severe Areas referred to in clause (i) for one additional year, and may, by rule, renew such exten- sion for 2 additional one-year periods. The Administrator shall act on any petition submitted under this subparagraph within 6 months after receipt of the petition. The Administrator shall issue such extensions for areas with a lower ozone classification before issuing any such extension for areas with a higher classification. (B) Ozone transport region (i) Application of prohibition (I) In general On application of the Governor of a State in the ozone transport region es- tablished by section 7511c(a) of this title, the Administrator, not later than 180 days after the date of receipt of the ap- plication, shall apply the prohibition specified in paragraph (5) to any area in the State (other than an area classified as a marginal, moderate, serious, or se- vere ozone nonattainment area under subpart 2 of part D of subchapter I) un- less the Administrator determines under clause (iii) that there is insufficient ca- pacity to supply reformulated gasoline. (II) Publication of application As soon as practicable after the date of receipt of an application under subclause (I), the Administrator shall publish the application in the Federal Register. (ii) Period of applicability Under clause (i), the prohibition speci- fied in paragraph (5) shall apply in a State— (I) commencing as soon as practicable but not later than 2 years after the date of approval by the Administrator of the application of the Governor of the State; and (II) ending not earlier than 4 years after the commencement date deter- mined under subclause (I). (iii) Extension of commencement date based on insufficient capacity (I) In general If, after receipt of an application from a Governor of a State under clause (i), the Administrator determines, on the Administrator’s own motion or on peti- tion of any person, after consultation with the Secretary of Energy, that there is insufficient capacity to supply refor- mulated gasoline, the Administrator, by regulation— (aa) shall extend the commencement date with respect to the State under clause (ii)(I) for not more than 1 year; and (bb) may renew the extension under item (aa) for 2 additional periods, each of which shall not exceed 1 year. (II) Deadline for action on petitions The Administrator shall act on any pe- tition submitted under subclause (I) not later than 180 days after the date of re- ceipt of the petition. (7) Credits (A) The regulations promulgated under this subsection shall provide for the granting of an appropriate amount of credits to a person who refines, blends, or imports and certifies a gaso- line or slate of gasoline that— (i) has an aromatic hydrocarbon content (by volume) that is less than the maximum aromatic hydrocarbon content required to comply with paragraph (3); or (ii) has a benzene content (by volume) that is less than the maximum benzene content specified in paragraph (2). (B) The regulations described in subpara- graph (A) shall also provide that a person who is granted credits may use such credits, or transfer all or a portion of such credits to an- other person for use within the same non- attainment area, for the purpose of complying with this subsection. (C) The regulations promulgated under sub- paragraphs (A) and (B) shall ensure the en- forcement of the requirements for the issuance, application, and transfer of the cred- its. Such regulations shall prohibit the grant- ing or transfer of such credits for use with re- spect to any gasoline in a nonattainment area, to the extent the use of such credits would re- sult in any of the following: (i) An average gasoline aromatic hydro- carbon content (by volume) for the non- Page 7349 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 attainment (taking into account all gasoline sold for use in conventional gasoline-fueled vehicles in the nonattainment area) higher than the average fuel aromatic hydrocarbon content (by volume) that would occur in the absence of using any such credits. (ii) An average benzene content (by vol- ume) for the nonattainment area (taking into account all gasoline sold for use in con- ventional gasoline-fueled vehicles in the nonattainment area) higher than the aver- age benzene content (by volume) that would occur in the absence of using any such cred- its. (8) Anti-dumping rules (A) In general Within 1 year after November 15, 1990, the Administrator shall promulgate regulations applicable to each refiner, blender, or im- porter of gasoline ensuring that gasoline sold or introduced into commerce by such refiner, blender, or importer (other than re- formulated gasoline subject to the require- ments of paragraph (1)) does not result in av- erage per gallon emissions (measured on a mass basis) of (i) volatile organic com- pounds, (ii) oxides of nitrogen, (iii) carbon monoxide, and (iv) toxic air pollutants in ex- cess of such emissions of such pollutants at- tributable to gasoline sold or introduced into commerce in calendar year 1990 by that refiner, blender, or importer. Such regula- tions shall take effect beginning January 1, 1995. (B) Adjustments In evaluating compliance with the require- ments of subparagraph (A), the Adminis- trator shall make appropriate adjustments to insure that no credit is provided for im- provement in motor vehicle emissions con- trol in motor vehicles sold after the calendar year 1990. (C) Compliance determined for each pollut- ant independently In determining whether there is an in- crease in emissions in violation of the prohi- bition contained in subparagraph (A) the Ad- ministrator shall consider an increase in each air pollutant referred to in clauses (i) through (iv) as a separate violation of such prohibition, except that the Administrator shall promulgate regulations to provide that any increase in emissions of oxides of nitro- gen resulting from adding oxygenates to gas- oline may be offset by an equivalent or greater reduction (on a mass basis) in emis- sions of volatile organic compounds, carbon monoxide, or toxic air pollutants, or any combination of the foregoing. (D) Compliance period The Administrator shall promulgate an appropriate compliance period or appro- priate compliance periods to be used for as- sessing compliance with the prohibition con- tained in subparagraph (A). (E) Baseline for determining compliance If the Administrator determines that no adequate and reliable data exists regarding the composition of gasoline sold or intro- duced into commerce by a refiner, blender, or importer in calendar year 1990, for such refiner, blender, or importer, baseline gaso- line shall be substituted for such 1990 gaso- line in determining compliance with sub- paragraph (A). (9) Emissions from entire vehicle In applying the requirements of this sub- section, the Administrator shall take into ac- count emissions from the entire motor vehi- cle, including evaporative, running, refueling, and exhaust emissions. (10) Definitions For purposes of this subsection— (A) Baseline vehicles The term ‘‘baseline vehicles’’ mean rep- resentative model year 1990 vehicles. (B) Baseline gasoline (i) Summertime The term ‘‘baseline gasoline’’ means in the case of gasoline sold during the high ozone period (as defined by the Adminis- trator) a gasoline which meets the fol- lowing specifications: BASELINE GASOLINE FUEL PROP- ERTIES API Gravity ........................................ 57.4 Sulfur, ppm ......................................... 339 Benzene, % .......................................... 1.53 RVP, psi .............................................. 8.7 Octane, R+M/2 ..................................... 87.3 IBP, F ................................................. 91 10%, F ................................................. 128 50%, F ................................................. 218 90%, F ................................................. 330 End Point, F ....................................... 415 Aromatics, % ...................................... 32.0 Olefins, % ............................................ 9.2 Saturates, % ....................................... 58.8 (ii) Wintertime The Administrator shall establish the specifications of ‘‘baseline gasoline’’ for gasoline sold at times other than the high ozone period (as defined by the Adminis- trator). Such specifications shall be the specifications of 1990 industry average gas- oline sold during such period. (C) Toxic air pollutants The term ‘‘toxic air pollutants’’ means the aggregate emissions of the following: Benzene 1,3 Butadiene Polycyclic organic matter (POM) Acetaldehyde Formaldehyde. (D) Covered area The 9 ozone nonattainment areas having a 1980 population in excess of 250,000 and hav- ing the highest ozone design value during the period 1987 through 1989 shall be ‘‘cov- ered areas’’ for purposes of this subsection. Effective one year after the reclassification of any ozone nonattainment area as a Severe ozone nonattainment area under section 7511(b) of this title, such Severe area shall also be a ‘‘covered area’’ for purposes of this subsection. Page 7350 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 7 So in original. Probably should be ‘‘as of’’. (E) Reformulated gasoline The term ‘‘reformulated gasoline’’ means any gasoline which is certified by the Ad- ministrator under this section as complying with this subsection. (F) Conventional gasoline The term ‘‘conventional gasoline’’ means any gasoline which does not meet specifica- tions set by a certification under this sub- section. (l) Detergents Effective beginning January 1, 1995, no person may sell or dispense to an ultimate consumer in the United States, and no refiner or marketer may directly or indirectly sell or dispense to persons who sell or dispense to ultimate con- sumers in the United States any gasoline which does not contain additives to prevent the accu- mulation of deposits in engines or fuel supply systems. Not later than 2 years after November 15, 1990, the Administrator shall promulgate a rule establishing specifications for such addi- tives. (m) Oxygenated fuels (1) Plan revisions for CO nonattainment areas (A) Each State in which there is located all or part of an area which is designated under subchapter I as a nonattainment area for car- bon monoxide and which has a carbon mon- oxide design value of 9.5 parts per million (ppm) or above based on data for the 2-year pe- riod of 1988 and 1989 and calculated according to the most recent interpretation method- ology issued by the Administrator prior to No- vember 15, 1990, shall submit to the Adminis- trator a State implementation plan revision under section 7410 of this title and part D of subchapter I for such area which shall contain the provisions specified under this subsection regarding oxygenated gasoline. (B) A plan revision which contains such pro- visions shall also be submitted by each State in which there is located any area which, for any 2-year period after 1989 has a carbon mon- oxide design value of 9.5 ppm or above. The re- vision shall be submitted within 18 months after such 2-year period. (2) Oxygenated gasoline in CO nonattainment areas Each plan revision under this subsection shall contain provisions to require that any gasoline sold, or dispensed, to the ultimate consumer in the carbon monoxide nonattain- ment area or sold or dispensed directly or indi- rectly by fuel refiners or marketers to persons who sell or dispense to ultimate consumers, in the larger of— (A) the Consolidated Metropolitan Statis- tical Area (CMSA) in which the area is lo- cated, or (B) if the area is not located in a CMSA, the Metropolitan Statistical Area in which the area is located, be blended, during the portion of the year in which the area is prone to high ambient con- centrations of carbon monoxide to contain not less than 2.7 percent oxygen by weight (subject to a testing tolerance established by the Ad- ministrator). The portion of the year in which the area is prone to high ambient concentra- tions of carbon monoxide shall be as deter- mined by the Administrator, but shall not be less than 4 months. At the request of a State with respect to any area designated as non- attainment for carbon monoxide, the Adminis- trator may reduce the period specified in the preceding sentence if the State can dem- onstrate that because of meteorological condi- tions, a reduced period will assure that there will be no exceedances of the carbon monoxide standard outside of such reduced period. For areas with a carbon monoxide design value of 9.5 ppm or more of 7 November 15, 1990, the re- vision shall provide that such requirement shall take effect no later than November 1, 1992 (or at such other date during 1992 as the Administrator establishes under the preceding provisions of this paragraph). For other areas, the revision shall provide that such require- ment shall take effect no later than November 1 of the third year after the last year of the applicable 2-year period referred to in para- graph (1) (or at such other date during such third year as the Administrator establishes under the preceding provisions of this para- graph) and shall include a program for imple- mentation and enforcement of the require- ment consistent with guidance to be issued by the Administrator. (3) Waivers (A) The Administrator shall waive, in whole or in part, the requirements of paragraph (2) upon a demonstration by the State to the sat- isfaction of the Administrator that the use of oxygenated gasoline would prevent or inter- fere with the attainment by the area of a na- tional primary ambient air quality standard (or a State or local ambient air quality stand- ard) for any air pollutant other than carbon monoxide. (B) The Administrator shall, upon dem- onstration by the State satisfactory to the Ad- ministrator, waive the requirement of para- graph (2) where the Administrator determines that mobile sources of carbon monoxide do not contribute significantly to carbon monoxide levels in an area. (C)(i) Any person may petition the Adminis- trator to make a finding that there is, or is likely to be, for any area, an inadequate do- mestic supply of, or distribution capacity for, oxygenated gasoline meeting the requirements of paragraph (2) or fuel additives (oxygenates) necessary to meet such requirements. The Ad- ministrator shall act on such petition within 6 months after receipt of the petition. (ii) If the Administrator determines, in re- sponse to a petition under clause (i), that there is an inadequate supply or capacity de- scribed in clause (i), the Administrator shall delay the effective date of paragraph (2) for 1 year. Upon petition, the Administrator may extend such effective date for one additional year. No partial delay or lesser waiver may be granted under this clause. Page 7351 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 8 So in original. Probably should be section ‘‘7550(2)’’. (iii) In granting waivers under this subpara- graph the Administrator shall consider dis- tribution capacity separately from the ade- quacy of domestic supply and shall grant such waivers in such manner as will assure that, if supplies of oxygenated gasoline are limited, areas having the highest design value for car- bon monoxide will have a priority in obtaining oxygenated gasoline which meets the require- ments of paragraph (2). (iv) As used in this subparagraph, the term distribution capacity includes capacity for transportation, storage, and blending. (4) Fuel dispensing systems Any person selling oxygenated gasoline at retail pursuant to this subsection shall be re- quired under regulations promulgated by the Administrator to label the fuel dispensing sys- tem with a notice that the gasoline is oxygenated and will reduce the carbon mon- oxide emissions from the motor vehicle. (5) Guidelines for credit The Administrator shall promulgate guide- lines, within 9 months after November 15, 1990, allowing the use of marketable oxygen credits from gasolines during that portion of the year specified in paragraph (2) with higher oxygen content than required to offset the sale or use of gasoline with a lower oxygen content than required. No credits may be transferred be- tween nonattainment areas. (6) Attainment areas Nothing in this subsection shall be inter- preted as requiring an oxygenated gasoline program in an area which is in attainment for carbon monoxide, except that in a carbon monoxide nonattainment area which is redes- ignated as attainment for carbon monoxide, the requirements of this subsection shall re- main in effect to the extent such program is necessary to maintain such standard there- after in the area. (7) Failure to attain CO standard If the Administrator determines under sec- tion 7512(b)(2) of this title that the national primary ambient air quality standard for car- bon monoxide has not been attained in a Seri- ous Area by the applicable attainment date, the State shall submit a plan revision for the area within 9 months after the date of such de- termination. The plan revision shall provide that the minimum oxygen content of gasoline referred to in paragraph (2) shall be 3.1 percent by weight unless such requirement is waived in accordance with the provisions of this sub- section. (n) Prohibition on leaded gasoline for highway use After December 31, 1995, it shall be unlawful for any person to sell, offer for sale, supply, offer for supply, dispense, transport, or introduce into commerce, for use as fuel in any motor vehicle (as defined in section 7554(2) 8 of this title) any gasoline which contains lead or lead additives. (o) Renewable fuel program (1) Definitions In this section: (A) Additional renewable fuel The term ‘‘additional renewable fuel’’ means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in home heating oil or jet fuel. (B) Advanced biofuel (i) In general The term ‘‘advanced biofuel’’ means re- newable fuel, other than ethanol derived from corn starch, that has lifecycle green- house gas emissions, as determined by the Administrator, after notice and oppor- tunity for comment, that are at least 50 percent less than baseline lifecycle green- house gas emissions. (ii) Inclusions The types of fuels eligible for consider- ation as ‘‘advanced biofuel’’ may include any of the following: (I) Ethanol derived from cellulose, hemicellulose, or lignin. (II) Ethanol derived from sugar or starch (other than corn starch). (III) Ethanol derived from waste mate- rial, including crop residue, other vege- tative waste material, animal waste, and food waste and yard waste. (IV) Biomass-based diesel. (V) Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic mat- ter from renewable biomass. (VI) Butanol or other alcohols pro- duced through the conversion of organic matter from renewable biomass. (VII) Other fuel derived from cellulosic biomass. (C) Baseline lifecycle greenhouse gas emis- sions The term ‘‘baseline lifecycle greenhouse gas emissions’’ means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and oppor- tunity for comment, for gasoline or diesel (whichever is being replaced by the renew- able fuel) sold or distributed as transpor- tation fuel in 2005. (D) Biomass-based diesel The term ‘‘biomass-based diesel’’ means renewable fuel that is biodiesel as defined in section 13220(f) of this title and that has lifecycle greenhouse gas emissions, as deter- mined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions. Notwith- standing the preceding sentence, renewable fuel derived from co-processing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements of sub- paragraph (B), but is not biomass-based die- sel. (E) Cellulosic biofuel The term ‘‘cellulosic biofuel’’ means re- newable fuel derived from any cellulose, hemicellulose, or lignin that is derived from Page 7352 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 9 So in original. The word ‘‘and’’ probably should appear. 10 So in original. Probably should be ‘‘non-Federal’’. renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 per- cent less than the baseline lifecycle green- house gas emissions. (F) Conventional biofuel The term ‘‘conventional biofuel’’ means renewable fuel that is ethanol derived from corn starch. (G) Greenhouse gas The term ‘‘greenhouse gas’’ means carbon dioxide, hydrofluorocarbons, methane, ni- trous oxide, perfluorocarbons,9 sulfur hexafluoride. The Administrator may in- clude any other anthropogenically-emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming. (H) Lifecycle greenhouse gas emissions The term ‘‘lifecycle greenhouse gas emis- sions’’ means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Adminis- trator, related to the full fuel lifecycle, in- cluding all stages of fuel and feedstock pro- duction and distribution, from feedstock generation or extraction through the dis- tribution and delivery and use of the fin- ished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential. (I) Renewable biomass The term ‘‘renewable biomass’’ means each of the following: (i) Planted crops and crop residue har- vested from agricultural land cleared or cultivated at any time prior to December 19, 2007, that is either actively managed or fallow, and nonforested. (ii) Planted trees and tree residue from actively managed tree plantations on non- federal 10 land cleared at any time prior to December 19, 2007, including land belong- ing to an Indian tribe or an Indian indi- vidual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States. (iii) Animal waste material and animal byproducts. (iv) Slash and pre-commercial thinnings that are from non-federal 10 forestlands, in- cluding forestlands belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States, but not forests or forestlands that are ecological commu- nities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Pro- gram, old growth forest, or late succes- sional forest. (v) Biomass obtained from the imme- diate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire. (vi) Algae. (vii) Separated yard waste or food waste, including recycled cooking and trap grease. (J) Renewable fuel The term ‘‘renewable fuel’’ means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in a transpor- tation fuel. (K) Small refinery The term ‘‘small refinery’’ means a refin- ery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. (L) Transportation fuel The term ‘‘transportation fuel’’ means fuel for use in motor vehicles, motor vehicle en- gines, nonroad vehicles, or nonroad engines (except for ocean-going vessels). (2) Renewable fuel program (A) Regulations (i) In general Not later than 1 year after August 8, 2005, the Administrator shall promulgate regulations to ensure that gasoline sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renew- able fuel determined in accordance with subparagraph (B). Not later than 1 year after December 19, 2007, the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced into commerce in the United States (except in noncontig- uous States or territories), on an annual average basis, contains at least the appli- cable volume of renewable fuel, advanced biofuel, cellulosic biofuel, and biomass- based diesel, determined in accordance with subparagraph (B) and, in the case of any such renewable fuel produced from new facilities that commence construction after December 19, 2007, achieves at least a 20 percent reduction in lifecycle green- house gas emissions compared to baseline lifecycle greenhouse gas emissions. (ii) Noncontiguous State opt-in (I) In general On the petition of a noncontiguous State or territory, the Administrator may allow the renewable fuel program established under this subsection to apply in the noncontiguous State or ter- ritory at the same time or any time after the Administrator promulgates regulations under this subparagraph. (II) Other actions In carrying out this clause, the Admin- istrator may— Page 7353 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 (aa) issue or revise regulations under this paragraph; (bb) establish applicable percentages under paragraph (3); (cc) provide for the generation of credits under paragraph (5); and (dd) take such other actions as are necessary to allow for the application of the renewable fuels program in a noncontiguous State or territory. (iii) Provisions of regulations Regardless of the date of promulgation, the regulations promulgated under clause (i)— (I) shall contain compliance provisions applicable to refineries, blenders, dis- tributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met; but (II) shall not— (aa) restrict geographic areas in which renewable fuel may be used; or (bb) impose any per-gallon obligation for the use of renewable fuel. (iv) Requirement in case of failure to pro- mulgate regulations If the Administrator does not promul- gate regulations under clause (i), the per- centage of renewable fuel in gasoline sold or dispensed to consumers in the United States, on a volume basis, shall be 2.78 per- cent for calendar year 2006. (B) Applicable volumes (i) Calendar years after 2005 (I) Renewable fuel For the purpose of subparagraph (A), the applicable volume of renewable fuel for the calendar years 2006 through 2022 shall be determined in accordance with the following table: Calendar year: Applicable volume of renewable fuel (in billions of gallons): 2006 ............................................. 4.0 2007 ............................................. 4.7 2008 ............................................. 9.0 2009 ............................................. 11.1 2010 ............................................. 12.95 2011 ............................................. 13.95 2012 ............................................. 15.2 2013 ............................................. 16.55 2014 ............................................. 18.15 2015 ............................................. 20.5 2016 ............................................. 22.25 2017 ............................................. 24.0 2018 ............................................. 26.0 2019 ............................................. 28.0 2020 ............................................. 30.0 2021 ............................................. 33.0 2022 ............................................. 36.0 (II) Advanced biofuel For the purpose of subparagraph (A), of the volume of renewable fuel required under subclause (I), the applicable vol- ume of advanced biofuel for the calendar years 2009 through 2022 shall be deter- mined in accordance with the following table: Calendar year: Applicable volume of advanced biofuel (in billions of gallons): 2009 ............................................. 0.6 2010 ............................................. 0.95 2011 ............................................. 1.35 2012 ............................................. 2.0 2013 ............................................. 2.75 2014 ............................................. 3.75 2015 ............................................. 5.5 2016 ............................................. 7.25 2017 ............................................. 9.0 2018 ............................................. 11.0 2019 ............................................. 13.0 2020 ............................................. 15.0 2021 ............................................. 18.0 2022 ............................................. 21.0 (III) Cellulosic biofuel For the purpose of subparagraph (A), of the volume of advanced biofuel required under subclause (II), the applicable vol- ume of cellulosic biofuel for the calendar years 2010 through 2022 shall be deter- mined in accordance with the following table: Calendar year: Applicable volume of cellulosic biofuel (in billions of gallons): 2010 ............................................. 0.1 2011 ............................................. 0.25 2012 ............................................. 0.5 2013 ............................................. 1.0 2014 ............................................. 1.75 2015 ............................................. 3.0 2016 ............................................. 4.25 2017 ............................................. 5.5 2018 ............................................. 7.0 2019 ............................................. 8.5 2020 ............................................. 10.5 2021 ............................................. 13.5 2022 ............................................. 16.0 (IV) Biomass-based diesel For the purpose of subparagraph (A), of the volume of advanced biofuel required under subclause (II), the applicable vol- ume of biomass-based diesel for the cal- endar years 2009 through 2012 shall be de- termined in accordance with the fol- lowing table: Calendar year: Applicable volume of biomass- based diesel (in billions of gallons): 2009 .......................................... 0.5 2010 .......................................... 0.65 2011 .......................................... 0.80 2012 .......................................... 1.0 (ii) Other calendar years For the purposes of subparagraph (A), the applicable volumes of each fuel speci- fied in the tables in clause (i) for calendar Page 7354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 years after the calendar years specified in the tables shall be determined by the Ad- ministrator, in coordination with the Sec- retary of Energy and the Secretary of Ag- riculture, based on a review of the imple- mentation of the program during calendar years specified in the tables, and an anal- ysis of— (I) the impact of the production and use of renewable fuels on the environ- ment, including on air quality, climate change, conversion of wetlands, eco- systems, wildlife habitat, water quality, and water supply; (II) the impact of renewable fuels on the energy security of the United States; (III) the expected annual rate of future commercial production of renewable fuels, including advanced biofuels in each category (cellulosic biofuel and bio- mass-based diesel); (IV) the impact of renewable fuels on the infrastructure of the United States, including deliverability of materials, goods, and products other than renew- able fuel, and the sufficiency of infra- structure to deliver and use renewable fuel; (V) the impact of the use of renewable fuels on the cost to consumers of trans- portation fuel and on the cost to trans- port goods; and (VI) the impact of the use of renewable fuels on other factors, including job cre- ation, the price and supply of agricul- tural commodities, rural economic de- velopment, and food prices. The Administrator shall promulgate rules establishing the applicable volumes under this clause no later than 14 months before the first year for which such applicable volume will apply. (iii) Applicable volume of advanced biofuel For the purpose of making the deter- minations in clause (ii), for each calendar year, the applicable volume of advanced biofuel shall be at least the same percent- age of the applicable volume of renewable fuel as in calendar year 2022. (iv) Applicable volume of cellulosic biofuel For the purpose of making the deter- minations in clause (ii), for each calendar year, the applicable volume of cellulosic biofuel established by the Administrator shall be based on the assumption that the Administrator will not need to issue a waiver for such years under paragraph (7)(D). (v) Minimum applicable volume of biomass- based diesel For the purpose of making the deter- minations in clause (ii), the applicable vol- ume of biomass-based diesel shall not be less than the applicable volume listed in clause (i)(IV) for calendar year 2012. (3) Applicable percentages (A) Provision of estimate of volumes of gaso- line sales Not later than October 31 of each of cal- endar years 2005 through 2021, the Adminis- trator of the Energy Information Adminis- tration shall provide to the Administrator of the Environmental Protection Agency an es- timate, with respect to the following cal- endar year, of the volumes of transportation fuel, biomass-based diesel, and cellulosic biofuel projected to be sold or introduced into commerce in the United States. (B) Determination of applicable percentages (i) In general Not later than November 30 of each of calendar years 2005 through 2021, based on the estimate provided under subparagraph (A), the Administrator of the Environ- mental Protection Agency shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements of paragraph (2) are met. (ii) Required elements The renewable fuel obligation deter- mined for a calendar year under clause (i) shall— (I) be applicable to refineries, blenders, and importers, as appropriate; (II) be expressed in terms of a volume percentage of transportation fuel sold or introduced into commerce in the United States; and (III) subject to subparagraph (C)(i), consist of a single applicable percentage that applies to all categories of persons specified in subclause (I). (C) Adjustments In determining the applicable percentage for a calendar year, the Administrator shall make adjustments— (i) to prevent the imposition of redun- dant obligations on any person specified in subparagraph (B)(ii)(I); and (ii) to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under paragraph (9). (4) Modification of greenhouse gas reduction percentages (A) In general The Administrator may, in the regulations under the last sentence of paragraph (2)(A)(i), adjust the 20 percent, 50 percent, and 60 percent reductions in lifecycle green- house gas emissions specified in paragraphs (2)(A)(i) (relating to renewable fuel), (1)(D) (relating to biomass-based diesel), (1)(B)(i) (relating to advanced biofuel), and (1)(E) (re- lating to cellulosic biofuel) to a lower per- centage. For the 50 and 60 percent reduc- tions, the Administrator may make such an adjustment only if he determines that gen- erally such reduction is not commercially feasible for fuels made using a variety of feedstocks, technologies, and processes to meet the applicable reduction. (B) Amount of adjustment In promulgating regulations under this paragraph, the specified 50 percent reduction Page 7355 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 in greenhouse gas emissions from advanced biofuel and in biomass-based diesel may not be reduced below 40 percent. The specified 20 percent reduction in greenhouse gas emis- sions from renewable fuel may not be re- duced below 10 percent, and the specified 60 percent reduction in greenhouse gas emis- sions from cellulosic biofuel may not be re- duced below 50 percent. (C) Adjusted reduction levels An adjustment under this paragraph to a percent less than the specified 20 percent greenhouse gas reduction for renewable fuel shall be the minimum possible adjustment, and the adjusted greenhouse gas reduction shall be established by the Administrator at the maximum achievable level, taking cost in consideration, for natural gas fired corn- based ethanol plants, allowing for the use of a variety of technologies and processes. An adjustment in the 50 or 60 percent green- house gas levels shall be the minimum pos- sible adjustment for the fuel or fuels con- cerned, and the adjusted greenhouse gas re- duction shall be established at the maximum achievable level, taking cost in consider- ation, allowing for the use of a variety of feedstocks, technologies, and processes. (D) 5-year review Whenever the Administrator makes any adjustment under this paragraph, not later than 5 years thereafter he shall review and revise (based upon the same criteria and standards as required for the initial adjust- ment) the regulations establishing the ad- justed level. (E) Subsequent adjustments After the Administrator has promulgated a final rule under the last sentence of para- graph (2)(A)(i) with respect to the method of determining lifecycle greenhouse gas emis- sions, except as provided in subparagraph (D), the Administrator may not adjust the percent greenhouse gas reduction levels un- less he determines that there has been a sig- nificant change in the analytical method- ology used for determining the lifecycle greenhouse gas emissions. If he makes such determination, he may adjust the 20, 50, or 60 percent reduction levels through rule- making using the criteria and standards set forth in this paragraph. (F) Limit on upward adjustments If, under subparagraph (D) or (E), the Ad- ministrator revises a percent level adjusted as provided in subparagraphs (A), (B), and (C) to a higher percent, such higher percent may not exceed the applicable percent speci- fied in paragraph (2)(A)(i), (1)(D), (1)(B)(i), or (1)(E). (G) Applicability of adjustments If the Administrator adjusts, or revises, a percent level referred to in this paragraph or makes a change in the analytical method- ology used for determining the lifecycle greenhouse gas emissions, such adjustment, revision, or change (or any combination thereof) shall only apply to renewable fuel from new facilities that commence construc- tion after the effective date of such adjust- ment, revision, or change. (5) Credit program (A) In general The regulations promulgated under para- graph (2)(A) shall provide— (i) for the generation of an appropriate amount of credits by any person that re- fines, blends, or imports gasoline that con- tains a quantity of renewable fuel that is greater than the quantity required under paragraph (2); (ii) for the generation of an appropriate amount of credits for biodiesel; and (iii) for the generation of credits by small refineries in accordance with para- graph (9)(C). (B) Use of credits A person that generates credits under sub- paragraph (A) may use the credits, or trans- fer all or a portion of the credits to another person, for the purpose of complying with paragraph (2). (C) Duration of credits A credit generated under this paragraph shall be valid to show compliance for the 12 months as of the date of generation. (D) Inability to generate or purchase suffi- cient credits The regulations promulgated under para- graph (2)(A) shall include provisions allow- ing any person that is unable to generate or purchase sufficient credits to meet the re- quirements of paragraph (2) to carry forward a renewable fuel deficit on condition that the person, in the calendar year following the year in which the renewable fuel deficit is created— (i) achieves compliance with the renew- able fuel requirement under paragraph (2); and (ii) generates or purchases additional re- newable fuel credits to offset the renew- able fuel deficit of the previous year. (E) Credits for additional renewable fuel The Administrator may issue regulations providing: (i) for the generation of an appro- priate amount of credits by any person that refines, blends, or imports additional renew- able fuels specified by the Administrator; and (ii) for the use of such credits by the generator, or the transfer of all or a portion of the credits to another person, for the pur- pose of complying with paragraph (2). (6) Seasonal variations in renewable fuel use (A) Study For each of calendar years 2006 through 2012, the Administrator of the Energy Infor- mation Administration shall conduct a study of renewable fuel blending to deter- mine whether there are excessive seasonal variations in the use of renewable fuel. (B) Regulation of excessive seasonal vari- ations If, for any calendar year, the Adminis- trator of the Energy Information Adminis- Page 7356 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 tration, based on the study under subpara- graph (A), makes the determinations speci- fied in subparagraph (C), the Administrator of the Environmental Protection Agency shall promulgate regulations to ensure that 25 percent or more of the quantity of renew- able fuel necessary to meet the requirements of paragraph (2) is used during each of the 2 periods specified in subparagraph (D) of each subsequent calendar year. (C) Determinations The determinations referred to in subpara- graph (B) are that— (i) less than 25 percent of the quantity of renewable fuel necessary to meet the re- quirements of paragraph (2) has been used during 1 of the 2 periods specified in sub- paragraph (D) of the calendar year; (ii) a pattern of excessive seasonal vari- ation described in clause (i) will continue in subsequent calendar years; and (iii) promulgating regulations or other requirements to impose a 25 percent or more seasonal use of renewable fuels will not prevent or interfere with the attain- ment of national ambient air quality standards or significantly increase the price of motor fuels to the consumer. (D) Periods The 2 periods referred to in this paragraph are— (i) April through September; and (ii) January through March and October through December. (E) Exclusion Renewable fuel blended or consumed in calendar year 2006 in a State that has re- ceived a waiver under section 7543(b) of this title shall not be included in the study under subparagraph (A). (F) State exemption from seasonality re- quirements Notwithstanding any other provision of law, the seasonality requirement relating to renewable fuel use established by this para- graph shall not apply to any State that has received a waiver under section 7543(b) of this title or any State dependent on refin- eries in such State for gasoline supplies. (7) Waivers (A) In general The Administrator, in consultation with the Secretary of Agriculture and the Sec- retary of Energy, may waive the require- ments of paragraph (2) in whole or in part on petition by one or more States, by any per- son subject to the requirements of this sub- section, or by the Administrator on his own motion by reducing the national quantity of renewable fuel required under paragraph (2)— (i) based on a determination by the Ad- ministrator, after public notice and oppor- tunity for comment, that implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or (ii) based on a determination by the Ad- ministrator, after public notice and oppor- tunity for comment, that there is an inad- equate domestic supply. (B) Petitions for waivers The Administrator, in consultation with the Secretary of Agriculture and the Sec- retary of Energy, shall approve or dis- approve a petition for a waiver of the re- quirements of paragraph (2) within 90 days after the date on which the petition is re- ceived by the Administrator. (C) Termination of waivers A waiver granted under subparagraph (A) shall terminate after 1 year, but may be re- newed by the Administrator after consulta- tion with the Secretary of Agriculture and the Secretary of Energy. (D) Cellulosic biofuel (i) For any calendar year for which the projected volume of cellulosic biofuel pro- duction is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the pre- ceding calendar year, the Administrator shall reduce the applicable volume of cel- lulosic biofuel required under paragraph (2)(B) to the projected volume available dur- ing that calendar year. For any calendar year in which the Administrator makes such a reduction, the Administrator may also re- duce the applicable volume of renewable fuel and advanced biofuels requirement estab- lished under paragraph (2)(B) by the same or a lesser volume. (ii) Whenever the Administrator reduces the minimum cellulosic biofuel volume under this subparagraph, the Administrator shall make available for sale cellulosic biofuel credits at the higher of $0.25 per gal- lon or the amount by which $3.00 per gallon exceeds the average wholesale price of a gal- lon of gasoline in the United States. Such amounts shall be adjusted for inflation by the Administrator for years after 2008. (iii) Eighteen months after December 19, 2007, the Administrator shall promulgate regulations to govern the issuance of credits under this subparagraph. The regulations shall set forth the method for determining the exact price of credits in the event of a waiver. The price of such credits shall not be changed more frequently than once each quarter. These regulations shall include such provisions, including limiting the cred- its’ uses and useful life, as the Adminis- trator deems appropriate to assist market li- quidity and transparency, to provide appro- priate certainty for regulated entities and renewable fuel producers, and to limit any potential misuse of cellulosic biofuel credits to reduce the use of other renewable fuels, and for such other purposes as the Adminis- trator determines will help achieve the goals of this subsection. The regulations shall limit the number of cellulosic biofuel credits for any calendar year to the minimum appli- Page 7357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 cable volume (as reduced under this subpara- graph) of cellulosic biofuel for that year. (E) Biomass-based diesel (i) Market evaluation The Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall periodically evaluate the impact of the biomass-based diesel re- quirements established under this para- graph on the price of diesel fuel. (ii) Waiver If the Administrator determines that there is a significant renewable feedstock disruption or other market circumstances that would make the price of biomass- based diesel fuel increase significantly, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall issue an order to reduce, for up to a 60-day period, the quantity of biomass-based diesel required under sub- paragraph (A) by an appropriate quantity that does not exceed 15 percent of the ap- plicable annual requirement for biomass- based diesel. For any calendar year in which the Administrator makes a reduc- tion under this subparagraph, the Admin- istrator may also reduce the applicable volume of renewable fuel and advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume. (iii) Extensions If the Administrator determines that the feedstock disruption or circumstances de- scribed in clause (ii) is continuing beyond the 60-day period described in clause (ii) or this clause, the Administrator, in con- sultation with the Secretary of Energy and the Secretary of Agriculture, may issue an order to reduce, for up to an additional 60- day period, the quantity of biomass-based diesel required under subparagraph (A) by an appropriate quantity that does not ex- ceed an additional 15 percent of the appli- cable annual requirement for biomass- based diesel. (F) Modification of applicable volumes For any of the tables in paragraph (2)(B), if the Administrator waives— (i) at least 20 percent of the applicable volume requirement set forth in any such table for 2 consecutive years; or (ii) at least 50 percent of such volume re- quirement for a single year, the Administrator shall promulgate a rule (within 1 year after issuing such waiver) that modifies the applicable volumes set forth in the table concerned for all years fol- lowing the final year to which the waiver ap- plies, except that no such modification in applicable volumes shall be made for any year before 2016. In promulgating such a rule, the Administrator shall comply with the processes, criteria, and standards set forth in paragraph (2)(B)(ii). (8) Study and waiver for initial year of pro- gram (A) In general Not later than 180 days after August 8, 2005, the Secretary of Energy shall conduct for the Administrator a study assessing whether the renewable fuel requirement under paragraph (2) will likely result in sig- nificant adverse impacts on consumers in 2006, on a national, regional, or State basis. (B) Required evaluations The study shall evaluate renewable fuel— (i) supplies and prices; (ii) blendstock supplies; and (iii) supply and distribution system ca- pabilities. (C) Recommendations by the Secretary Based on the results of the study, the Sec- retary of Energy shall make specific rec- ommendations to the Administrator con- cerning waiver of the requirements of para- graph (2), in whole or in part, to prevent any adverse impacts described in subparagraph (A). (D) Waiver (i) In general Not later than 270 days after August 8, 2005, the Administrator shall, if and to the extent recommended by the Secretary of Energy under subparagraph (C), waive, in whole or in part, the renewable fuel re- quirement under paragraph (2) by reducing the national quantity of renewable fuel re- quired under paragraph (2) in calendar year 2006. (ii) No effect on waiver authority Clause (i) does not limit the authority of the Administrator to waive the require- ments of paragraph (2) in whole, or in part, under paragraph (7). (9) Small refineries (A) Temporary exemption (i) In general The requirements of paragraph (2) shall not apply to small refineries until cal- endar year 2011. (ii) Extension of exemption (I) Study by Secretary of Energy Not later than December 31, 2008, the Secretary of Energy shall conduct for the Administrator a study to determine whether compliance with the require- ments of paragraph (2) would impose a disproportionate economic hardship on small refineries. (II) Extension of exemption In the case of a small refinery that the Secretary of Energy determines under subclause (I) would be subject to a dis- proportionate economic hardship if re- quired to comply with paragraph (2), the Administrator shall extend the exemp- tion under clause (i) for the small refin- ery for a period of not less than 2 addi- tional years. Page 7358 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 11 So in original. Subsection (a) does not contain a par. (2). 12 So in original. No subsec. (p) has been enacted. (B) Petitions based on disproportionate eco- nomic hardship (i) Extension of exemption A small refinery may at any time peti- tion the Administrator for an extension of the exemption under subparagraph (A) for the reason of disproportionate economic hardship. (ii) Evaluation of petitions In evaluating a petition under clause (i), the Administrator, in consultation with the Secretary of Energy, shall consider the findings of the study under subparagraph (A)(ii) and other economic factors. (iii) Deadline for action on petitions The Administrator shall act on any peti- tion submitted by a small refinery for a hardship exemption not later than 90 days after the date of receipt of the petition. (C) Credit program If a small refinery notifies the Adminis- trator that the small refinery waives the ex- emption under subparagraph (A), the regula- tions promulgated under paragraph (2)(A) shall provide for the generation of credits by the small refinery under paragraph (5) begin- ning in the calendar year following the date of notification. (D) Opt-in for small refineries A small refinery shall be subject to the re- quirements of paragraph (2) if the small re- finery notifies the Administrator that the small refinery waives the exemption under subparagraph (A). (10) Ethanol market concentration analysis (A) Analysis (i) In general Not later than 180 days after August 8, 2005, and annually thereafter, the Federal Trade Commission shall perform a market concentration analysis of the ethanol pro- duction industry using the Herfindahl- Hirschman Index to determine whether there is sufficient competition among in- dustry participants to avoid price-setting and other anticompetitive behavior. (ii) Scoring For the purpose of scoring under clause (i) using the Herfindahl-Hirschman Index, all marketing arrangements among indus- try participants shall be considered. (B) Report Not later than December 1, 2005, and annu- ally thereafter, the Federal Trade Commis- sion shall submit to Congress and the Ad- ministrator a report on the results of the market concentration analysis performed under subparagraph (A)(i). (11) Periodic reviews To allow for the appropriate adjustment of the requirements described in subparagraph (B) of paragraph (2), the Administrator shall conduct periodic reviews of— (A) existing technologies; (B) the feasibility of achieving compliance with the requirements; and (C) the impacts of the requirements de- scribed in subsection (a)(2) 11 on each indi- vidual and entity described in paragraph (2). (12) Effect on other provisions Nothing in this subsection, or regulations issued pursuant to this subsection, shall affect or be construed to affect the regulatory status of carbon dioxide or any other greenhouse gas, or to expand or limit regulatory authority re- garding carbon dioxide or any other green- house gas, for purposes of other provisions (in- cluding section 7475) of this chapter. The pre- vious sentence shall not affect implementa- tion and enforcement of this subsection. (q) 12 Analyses of motor vehicle fuel changes and emissions model (1) Anti-backsliding analysis (A) Draft analysis Not later than 4 years after August 8, 2005, the Administrator shall publish for public comment a draft analysis of the changes in emissions of air pollutants and air quality due to the use of motor vehicle fuel and fuel additives resulting from implementation of the amendments made by the Energy Policy Act of 2005. (B) Final analysis After providing a reasonable opportunity for comment but not later than 5 years after August 8, 2005, the Administrator shall pub- lish the analysis in final form. (2) Emissions model For the purposes of this section, not later than 4 years after August 8, 2005, the Adminis- trator shall develop and finalize an emissions model that reflects, to the maximum extent practicable, the effects of gasoline character- istics or components on emissions from vehi- cles in the motor vehicle fleet during calendar year 2007. (3) Permeation effects study (A) In general Not later than 1 year after August 8, 2005, the Administrator shall conduct a study, and report to Congress the results of the study, on the effects of ethanol content in gasoline on permeation, the process by which fuel molecules migrate through the elastomeric materials (rubber and plastic parts) that make up the fuel and fuel vapor systems of a motor vehicle. (B) Evaporative emissions The study shall include estimates of the increase in total evaporative emissions like- ly to result from the use of gasoline with ethanol content in a motor vehicle, and the fleet of motor vehicles, due to permeation. (r) Fuel and fuel additive importers and importa- tion For the purposes of this section, the term ‘‘manufacturer’’ includes an importer and the term ‘‘manufacture’’ includes importation. Page 7359 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 13 See References in Text note below. (s) Conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels (1) In general The Secretary of Energy may provide grants to merchant producers of cellulosic biomass ethanol, waste-derived ethanol, and approved renewable fuels in the United States to assist the producers in building eligible production facilities described in paragraph (2) for the production of ethanol or approved renewable fuels. (2) Eligible production facilities A production facility shall be eligible to re- ceive a grant under this subsection if the pro- duction facility— (A) is located in the United States; and (B) uses cellulosic or renewable biomass or waste-derived feedstocks derived from agri- cultural residues, wood residues, municipal solid waste, or agricultural byproducts. (3) Authorization of appropriations There are authorized to be appropriated the following amounts to carry out this sub- section: (A) $100,000,000 for fiscal year 2006. (B) $250,000,000 for fiscal year 2007. (C) $400,000,000 for fiscal year 2008. (4) Definitions For the purposes of this subsection: (A) The term ‘‘approved renewable fuels’’ are fuels and components of fuels that have been approved by the Department of Energy, as defined in section 13211 of this title, which have been made from renewable biomass. (B) The term ‘‘renewable biomass’’ is, as defined in Presidential Executive Order 13134, published in the Federal Register on August 16, 1999, any organic matter that is available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricul- tural food and feed crop residues, aquatic plants, animal wastes, wood and wood resi- dues, paper and paper residues, and other vegetative waste materials. Old-growth tim- ber means timber of a forest from the late successional stage of forest development. (t) Blending of compliant reformulated gasolines (1) In general Notwithstanding subsections (h) and (k) and subject to the limitations in paragraph (2) of this subsection, it shall not be a violation of this part 13 for a gasoline retailer, during any month of the year, to blend at a retail loca- tion batches of ethanol-blended and non-eth- anol-blended reformulated gasoline, provided that— (A) each batch of gasoline to be blended has been individually certified as in compli- ance with subsections (h) and (k) prior to being blended; (B) the retailer notifies the Administrator prior to such blending, and identifies the exact location of the retail station and the specific tank in which such blending will take place; (C) the retailer retains and, as requested by the Administrator or the Administrator’s designee, makes available for inspection such certifications accounting for all gaso- line at the retail outlet; and (D) the retailer does not, between June 1 and September 15 of each year, blend a batch of VOC-controlled, or ‘‘summer’’, gasoline with a batch of non-VOC-controlled, or ‘‘winter’’, gasoline (as these terms are de- fined under subsections (h) and (k)). (2) Limitations (A) Frequency limitation A retailer shall only be permitted to blend batches of compliant reformulated gasoline under this subsection a maximum of two blending periods between May 1 and Sep- tember 15 of each calendar year. (B) Duration of blending period Each blending period authorized under subparagraph (A) shall extend for a period of no more than 10 consecutive calendar days. (3) Surveys A sample of gasoline taken from a retail lo- cation that has blended gasoline within the past 30 days and is in compliance with sub- paragraphs (A), (B), (C), and (D) of paragraph (1) shall not be used in a VOC survey mandated by 40 CFR Part 80. (4) State implementation plans A State shall be held harmless and shall not be required to revise its State implementation plan under section 7410 of this title to account for the emissions from blended gasoline au- thorized under paragraph (1). (5) Preservation of State law Nothing in this subsection shall— (A) preempt existing State laws or regula- tions regulating the blending of compliant gasolines; or (B) prohibit a State from adopting such re- strictions in the future. (6) Regulations The Administrator shall promulgate, after notice and comment, regulations imple- menting this subsection within 1 year after August 8, 2005. (7) Effective date This subsection shall become effective 15 months after August 8, 2005, and shall apply to blended batches of reformulated gasoline on or after that date, regardless of whether the im- plementing regulations required by paragraph (6) have been promulgated by the Adminis- trator by that date. (8) Liability No person other than the person responsible for blending under this subsection shall be subject to an enforcement action or penalties under subsection (d) solely arising from the blending of compliant reformulated gasolines by the retailers. (9) Formulation of gasoline This subsection does not grant authority to the Administrator or any State (or any sub- Page 7360 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 division thereof) to require reformulation of gasoline at the refinery to adjust for potential or actual emissions increases due to the blend- ing authorized by this subsection. (u) Standard specifications for biodiesel (1) Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 20 percent biodiesel (commonly known as ‘‘B20’’) within 1 year after December 19, 2007, the Administrator shall initiate a rule- making to establish a uniform per gallon fuel standard for such fuel and designate an identi- fication number so that vehicle manufacturers are able to design engines to use fuel meeting such standard. (2) Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 5 percent biodiesel (commonly known as ‘‘B5’’) within 1 year after December 19, 2007, the Administrator shall initiate a rule- making to establish a uniform per gallon fuel standard for such fuel and designate an identi- fication so that vehicle manufacturers are able to design engines to use fuel meeting such standard. (3) Whenever the Administrator is required to initiate a rulemaking under paragraph (1) or (2), the Administrator shall promulgate a final rule within 18 months after December 19, 2007. (4) Not later than 180 days after December 19, 2007, the Administrator shall establish an an- nual inspection and enforcement program to en- sure that diesel fuel containing biodiesel sold or distributed in interstate commerce meets the standards established under regulations under this section, including testing and certification for compliance with applicable standards of the American Society for Testing and Materials. There are authorized to be appropriated to carry out the inspection and enforcement program under this paragraph $3,000,000 for each of fiscal years 2008 through 2010. (5) For purposes of this subsection, the term ‘‘biodiesel’’ has the meaning provided by section 13220(f) of this title. (v) Prevention of air quality deterioration (1) Study (A) In general Not later than 18 months after December 19, 2007, the Administrator shall complete a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this chapter. (B) Considerations The study shall include consideration of— (i) different blend levels, types of renew- able fuels, and available vehicle tech- nologies; and (ii) appropriate national, regional, and local air quality control measures. (2) Regulations Not later than 3 years after December 19, 2007, the Administrator shall— (A) promulgate fuel regulations to imple- ment appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph (1), any adverse impacts on air quality, as the result of the renewable volumes required by this section; or (B) make a determination that no such measures are necessary. (July 14, 1955, ch. 360, title II, § 211, formerly § 210, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 502; renumbered and amended Pub. L. 91–604, §§ 8(a), 9(a), Dec. 31, 1970, 84 Stat. 1694, 1698; Pub. L. 92–157, title III, § 302(d), (e), Nov. 18, 1971, 85 Stat. 464; Pub. L. 95–95, title II, §§ 222, 223, title IV, § 401(e), Aug. 7, 1977, 91 Stat. 762, 764, 791; Pub. L. 95–190, § 14(a)(73), (74), Nov. 16, 1977, 91 Stat. 1403, 1404; Pub. L. 101–549, title II, §§ 212–221, 228(d), Nov. 15, 1990, 104 Stat. 2488–2500, 2510; Pub. L. 109–58, title XV, §§ 1501(a)–(c), 1504(a)(1), (b), 1505–1507, 1512, 1513, 1541(a), (b), Aug. 8, 2005, 119 Stat. 1067–1074, 1076, 1077, 1080, 1081, 1088, 1089, 1106, 1107; Pub. L. 110–140, title II, §§ 201, 202, 203(f), 208, 209, 210(b), 247, 251, Dec. 19, 2007, 121 Stat. 1519, 1521, 1529, 1531, 1532, 1547, 1548.) Editorial Notes REFERENCES IN TEXT August 8, 2005, referred to in subsec. (c)(4)(C)(v)(II), was in the original ‘‘enactment’’, which was translated as meaning the date of enactment of Pub. L. 109–58, which enacted subsec. (c)(4)(C)(v), to reflect the prob- able intent of Congress. Section 7521(l) of this title, referred to in subsec. (k)(1)(B)(vi), was in the original ‘‘section 202(1) of the Clean Air Act’’, which was translated as meaning sec- tion 202(l) of the Clean Air Act, to reflect the probable intent of Congress. The Energy Policy Act of 2005, referred to in subsec. (q)(1)(A), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables. Executive Order 13134, referred to in subsec. (s)(4)(B), which was set out as a note under section 8601 of Title 7, Agriculture, was revoked by Ex. Ord. No. 13423, § 11(a)(iii), Jan. 24, 2007, 72 F.R. 3923. This part, referred to in subsec. (t)(1), was in the original ‘‘this subtitle’’ which was translated as ‘‘this part’’, meaning part A of title II of act July 14, 1955, as the probable intent of Congress, because title II of act July 14, 1955, does not contain subtitles. CODIFICATION Section was formerly classified to section 1857f–6c of this title. PRIOR PROVISIONS A prior section 211 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 503, provided for a national emissions standards study and was classified to section 1857f–6d of this title, prior to repeal by sec- tion 8(a) of Pub. L. 91–604. AMENDMENTS 2007—Subsec. (c)(1). Pub. L. 110–140, § 208, substituted ‘‘nonroad vehicle if, in the judgment of the Adminis- trator, any fuel or fuel additive or’’ for ‘‘nonroad vehi- cle (A) if in the judgment of the Administrator’’ and ‘‘air pollution or water pollution (including any deg- radation in the quality of groundwater) that’’ for ‘‘air pollution which’’. Subsec. (f)(4). Pub. L. 110–140, § 251, amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘The Administrator, upon application of any manufac- turer of any fuel or fuel additive, may waive the prohi- bitions established under paragraph (1) or (3) of this Page 7361 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 subsection or the limitation specified in paragraph (2) of this subsection, if he determines that the applicant has established that such fuel or fuel additive or a spec- ified concentration thereof, and the emission products of such fuel or additive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified pursuant to section 7525 of this title. If the Adminis- trator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver author- ized by this paragraph shall be treated as granted.’’ Subsec. (o)(1). Pub. L. 110–140, § 201, amended par. (1) generally. Prior to amendment, par. (1) defined ‘‘cel- lulosic biomass ethanol’’, ‘‘waste derived ethanol’’, ‘‘re- newable fuel’’, and ‘‘small refinery’’. Subsec. (o)(2)(A)(i). Pub. L. 110–140, § 202(a)(1), inserted at end ‘‘Not later than 1 year after December 19, 2007, the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced into commerce in the United States (ex- cept in noncontiguous States or territories), on an an- nual average basis, contains at least the applicable vol- ume of renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel, determined in ac- cordance with subparagraph (B) and, in the case of any such renewable fuel produced from new facilities that commence construction after December 19, 2007, achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions.’’ Subsec. (o)(2)(B). Pub. L. 110–140, § 202(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set forth table of applicable volumes for renewable fuel and related to determination of applicable volumes after the years addressed by the table, including the minimum quantity of renewable fuel to be derived from cellulosic biomass and the method of calculating the minimum applicable volume. Subsec. (o)(3)(A). Pub. L. 110–140, § 202(b)(1), (2), sub- stituted ‘‘2021’’ for ‘‘2011’’ and ‘‘transportation fuel, bio- mass-based diesel, and cellulosic biofuel’’ for ‘‘gaso- line’’. Subsec. (o)(3)(B)(i). Pub. L. 110–140, § 202(b)(3), sub- stituted ‘‘2021’’ for ‘‘2012’’. Subsec. (o)(3)(B)(ii)(II). Pub. L. 110–140, § 202(b)(4), sub- stituted ‘‘transportation fuel’’ for ‘‘gasoline’’. Subsec. (o)(4). Pub. L. 110–140, § 202(c), amended par. (4) generally. Prior to amendment, text read as follows: ‘‘For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be con- sidered to be the equivalent of 2.5 gallons of renewable fuel.’’ Subsec. (o)(5)(E). Pub. L. 110–140, § 202(d), added sub- par. (E). Subsec. (o)(7)(A). Pub. L. 110–140, § 202(e)(1), inserted ‘‘, by any person subject to the requirements of this subsection, or by the Administrator on his own mo- tion’’ after ‘‘one or more States’’ in introductory provi- sions. Subsec. (o)(7)(B). Pub. L. 110–140, § 202(e)(1), struck out ‘‘State’’ before ‘‘petition for a waiver’’. Subsec. (o)(7)(D) to (F). Pub. L. 110–140, § 202(e)(2), (3), added subpars. (D) to (F). Subsec. (o)(11). Pub. L. 110–140, § 203(f), added par. (11). Subsec. (o)(12). Pub. L. 110–140, § 210(b), added par. (12). Subsecs. (r), (s). Pub. L. 110–140, § 247, redesignated subsecs. (r), relating to conversion assistance for cel- lulosic biomass, waste-derived ethanol, approved re- newable fuels, and (s) as (s) and (t), respectively. Subsec. (u). Pub. L. 110–140, § 247, which directed amendment of this section by adding subsec. (u) at the end, was executed by adding subsec. (u) after subsec. (t) to reflect the probable intent of Congress. Subsec. (v). Pub. L. 110–140, § 209, added subsec. (v). 2005—Subsec. (b)(2). Pub. L. 109–58, § 1505(1)(A), sub- stituted ‘‘shall, on a regular basis,’’ for ‘‘may also’’ in introductory provisions. Subsec. (b)(2)(A). Pub. L. 109–58, § 1505(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘to conduct tests to determine poten- tial public health effects of such fuel or additive (in- cluding, but not limited to, carcinogenic, teratogenic, or mutagenic effects), and’’. Subsec. (b)(4). Pub. L. 109–58, § 1505(2), added par. (4). Subsec. (c)(4)(C). Pub. L. 109–58, § 1541(a), designated existing provisions as cl. (i) and added cls. (ii) to (iv) and (v) relating to waiver authority. Subsec. (c)(4)(C)(v). Pub. L. 109–58, § 1541(b), added cl. (v) relating to approval of fuels. Subsec. (d)(1). Pub. L. 109–58, § 1501(b)(1), substituted ‘‘(n), or (o)’’ for ‘‘or (n)’’ in two places in first sentence and ‘‘(m), or (o)’’ for ‘‘or (m)’’ in second sentence. Subsec. (d)(2). Pub. L. 109–58, § 1501(b)(2), substituted ‘‘(n), and (o)’’ for ‘‘and (n)’’ in two places in first sen- tence. Subsec. (h)(5), (6). Pub. L. 109–58, § 1501(c), added par. (5) and redesignated former par. (5) as (6). Subsec. (k)(1). Pub. L. 109–58, § 1504(b), designated ex- isting provisions as subpar. (A), inserted heading, sub- stituted ‘‘Not later than November 15, 1991,’’ for ‘‘With- in 1 year after November 15, 1990,’’, and added subpar. (B). Subsec. (k)(2)(A). Pub. L. 109–58, § 1504(a)(1)(A)(i), struck out ‘‘(including the oxygen content requirement contained in subparagraph (B))’’ after ‘‘requirements of this paragraph’’. Subsec. (k)(2)(B) to (D). Pub. L. 109–58, § 1504(a)(1)(A)(ii), (iii), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out heading and text of former subpar. (B). Text read as follows: ‘‘The oxygen content of the gasoline shall equal or exceed 2.0 percent by weight (subject to a testing tolerance estab- lished by the Administrator) except as otherwise re- quired by this chapter. The Administrator may waive, in whole or in part, the application of this subpara- graph for any ozone nonattainment area upon a deter- mination by the Administrator that compliance with such requirement would prevent or interfere with the attainment by the area of a national primary ambient air quality standard.’’ Subsec. (k)(3)(A)(v). Pub. L. 109–58, § 1504(a)(1)(B), struck out heading and text of cl. (v). Text read as fol- lows: ‘‘The oxygen content of the reformulated gasoline shall equal or exceed 2.0 percent by weight (subject to a testing tolerance established by the Administrator) except as otherwise required by this chapter.’’ Subsec. (k)(6). Pub. L. 109–58, § 1507, redesignated sub- pars. (A) and (B) as cls. (i) and (ii), respectively, of sub- par. (A), inserted subpar. and cl. headings, in cl. (ii) substituted ‘‘clause (i)’’ for ‘‘subparagraph (A)’’ and ‘‘this subparagraph’’ for ‘‘this paragraph’’, and added subpar. (B). Subsec. (k)(7)(A). Pub. L. 109–58, § 1504(a)(1)(C)(i), re- designated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: ‘‘has an oxygen content (by weight) that exceeds the min- imum oxygen content specified in paragraph (2);’’. Subsec. (k)(7)(C)(ii), (iii). Pub. L. 109–58, § 1504(a)(1)(C)(ii), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: ‘‘An average gasoline oxygen content (by weight) for the nonattain- ment area (taking into account all gasoline sold for use in conventional gasoline-fueled vehicles in the non- attainment area) lower than the average gasoline oxy- gen content (by weight) that would occur in the ab- sence of using any such credits.’’ Subsec. (o). Pub. L. 109–58, § 1501(a)(2), added subsec. (o). Former subsec. (o) redesignated (r) relating to fuel and fuel additive importers and importation. Subsec. (q). Pub. L. 109–58, § 1506, which directed amendment of this section by adding subsec. (q) after subsec. (p), was executed by making the addition after subsec. (o) to reflect the probable intent of Congress. Subsec. (r). Pub. L. 109–58, § 1512, added subsec. (r) re- lating to conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels. Pub. L. 109–58, § 1501(a)(1), redesignated subsec. (o) as (r) relating to fuel and fuel additive importers and im- portation. Page 7362 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 Subsec. (s). Pub. L. 109–58, § 1513, added subsec. (s). 1990—Subsec. (a). Pub. L. 101–549, § 212, inserted ‘‘(in- cluding any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles)’’ after ‘‘fuel or fuel additive’’. Subsecs. (b)(2)(B), (c)(1). Pub. L. 101–549, § 212(b), (c), inserted reference to nonroad engine or nonroad vehi- cle. Subsec. (c)(4)(A). Pub. L. 101–549, § 213(a), substituted ‘‘any characteristic or component of a’’ for ‘‘use of a’’, inserted ‘‘of the characteristic or component of a fuel or fuel additive’’ after ‘‘control or prohibition’’ in cl. (i), and inserted ‘‘characteristic or component of a’’ after ‘‘such’’ in cl. (ii). Subsec. (c)(4)(C). Pub. L. 101–549, § 213(b), inserted last two sentences, authorizing Administrator to make a finding that State control or prohibition is necessary to achieve the standard. Subsec. (d). Pub. L. 101–549, § 228(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘Any person who violates subsection (a) or (f) or the regulations prescribed under subsection (c) or who fails to furnish any information required by the Administrator under subsection (b) shall forfeit and pay to the United States a civil penalty of $10,000 for each and every day of the continuance of such viola- tion, which shall accrue to the United States and be re- covered in a civil suit in the name of the United States, brought in the district where such person has his prin- cipal office or in any district in which he does business. The Administrator may, upon application therefor, remit or mitigate any forfeiture provided for in this subsection and he shall have authority to determine the facts upon all such applications.’’ Subsec. (f)(1). Pub. L. 101–549, § 214(a), designated ex- isting provisions as subpar. (A) and added subpar. (B). Subsec. (f)(3). Pub. L. 101–549, § 214(b), substituted ref- erence to paragraph (1)(A) for reference to paragraph (1). Subsec. (g). Pub. L. 101–549, § 215, amended subsec. (g) generally, substituting present provisions for provi- sions which defined ‘‘gasoline’’, ‘‘refinery’’, and ‘‘small refinery’’ and which limited Administrator’s authority to require small refineries to reduce average lead con- tent per gallon of gasoline. Subsec. (h). Pub. L. 101–549, § 216, added subsec. (h). Subsec. (i). Pub. L. 101–549, § 217, added subsec. (i). Subsec. (j). Pub. L. 101–549, § 218(a), added subsec. (j). Subsecs. (k) to (m). Pub. L. 101–549, § 219, added sub- secs. (k) to (m). Subsec. (n). Pub. L. 101–549, § 220, added subsec. (n). Subsec. (o). Pub. L. 101–549, § 221, added subsec. (o). 1977—Subsec. (c)(1)(A). Pub. L. 95–95, § 401(e), sub- stituted ‘‘if in the judgment of the Administrator any emission product of such fuel or fuel additive causes, or contributes, to air pollution which may reasonably be anticipated to endanger’’ for ‘‘if any emission products of such fuel or fuel additive will endanger’’. Subsec. (d). Pub. L. 95–95, § 222(b), inserted ‘‘or (f)’’ after ‘‘Any person who violates subsection (a)’’. Subsecs. (e), (f). Pub. L. 95–95, § 222(a), added subsecs. (e) and (f). Subsec. (f)(2). Pub. L. 95–190, § 14(a)(73), inserted provi- sion relating to waiver under par. (4) of this subsec., and struck out ‘‘first’’ before ‘‘introduce’’. Subsec. (f)(4). Pub. L. 95–190, § 14(a)(74), inserted provi- sion relating to applicability of limitation specified under par. (2) of this subsection. Subsec. (g). Pub. L. 95–95, § 223, added subsec. (g). 1971—Subsec. (c)(3)(A). Pub. L. 92–157, § 302(d), sub- stituted ‘‘purpose of obtaining’’ for ‘‘purpose of’’. Subsec. (d). Pub. L. 92–157, § 302(e), substituted ‘‘sub- section (b)’’ for ‘‘subsection (c)’’ where appearing the second time. 1970—Subsec. (a). Pub. L. 91–604, § 9(a), substituted ‘‘Administrator’’ for ‘‘Secretary’’ as the registering au- thority, inserted references to fuel additives, and sub- stituted the selling, offering for sale, and introduction into commerce of fuel or fuel additives, for the delivery for introduction into interstate commerce or delivery to another person who can reasonably be expected to deliver fuel into interstate commerce. Subsec. (b). Pub. L. 91–604, § 9(a), designated existing provisions as pars. (1) and (3), added par. (2), and sub- stituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever ap- pearing. Subsec. (c). Pub. L. 91–604, § 9(a), substituted provi- sions covering the control or prohibition of offending fuels and fuel additives, for provisions covering trade secrets and substituted ‘‘Administrator’’ for ‘‘Sec- retary’’ wherever appearing. Subsec. (d). Pub. L. 91–604, § 9(a), inserted references to failure to obey regulations prescribed under subsec. (c) and failure to furnish information required by the Administrator under subsec. (c), increased the daily civil penalty from $1,000 to $10,000 and substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Subsec. (e). Pub. L. 91–604, § 9(a), struck out subsec. (e) which directed the various United States Attorneys to prosecute for the recovery of forfeitures. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–140, title II, § 210(c), Dec. 19, 2007, 121 Stat. 1532, provided that: ‘‘The amendments made by this title to section 211(o) of the Clean Air Act [42 U.S.C. 7545(o)] shall take effect January 1, 2009, except that the Administrator [of the Environmental Protection Agency] shall promulgate regulations to carry out such amendments not later than 1 year after the enactment of this Act [Dec. 19, 2007].’’ Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–58, title XV, § 1504(a)(2), Aug. 8, 2005, 119 Stat. 1077, provided that: ‘‘The amendments made by paragraph (1) [amending this section] apply— ‘‘(A) in the case of a State that has received a waiv- er under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)), beginning on the date of enactment of this Act [Aug. 8, 2005]; and ‘‘(B) in the case of any other State, beginning 270 days after the date of enactment of this Act [Aug. 8, 2005].’’ EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. SAVINGS Pub. L. 109–58, title XV, § 1504(d), Aug. 8, 2005, 119 Stat. 1079, provided that: ‘‘(1) IN GENERAL.—Nothing in this section [amending this section and enacting provisions set out as notes under this section] or any amendment made by this section affects or prejudices any legal claim or action with respect to regulations promulgated by the Admin- istrator [of the Environmental Protection Agency] be- fore the date of enactment of this Act [Aug. 8, 2005] re- garding— ‘‘(A) emissions of toxic air pollutants from motor vehicles; or ‘‘(B) the adjustment of standards applicable to a specific refinery or importer made under those regu- lations. ‘‘(2) ADJUSTMENT OF STANDARDS.— ‘‘(A) APPLICABILITY.—The Administrator may apply any adjustments to the standards applicable to a re- finery or importer under subparagraph (B)(iii)(I) of section 211(k)(1) of the Clean Air Act [42 U.S.C. 7545(k)(1)(B)(iii)(I)] (as added by subsection (b)(2)), ex- cept that— ‘‘(i) the Administrator shall revise the adjust- ments to be based only on calendar years 1999 and 2000; Page 7363 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7545 ‘‘(ii) any such adjustment shall not be made at a level below the average percentage of reductions of emissions of toxic air pollutants for reformulated gasoline supplied to PADD I during calendar years 1999 and 2000; and ‘‘(iii) in the case of an adjustment based on toxic air pollutant emissions from reformulated gasoline significantly below the national annual average emissions of toxic air pollutants from all reformu- lated gasoline— ‘‘(I) the Administrator may revise the adjust- ment to take account of the scope of the prohibi- tion on methyl tertiary butyl ether imposed by a State; and ‘‘(II) any such adjustment shall require the re- finer or importer, to the maximum extent prac- ticable, to maintain the reduction achieved dur- ing calendar years 1999 and 2000 in the average an- nual aggregate emissions of toxic air pollutants from reformulated gasoline produced or distrib- uted by the refiner or importer.’’ ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS Pub. L. 110–140, title II, § 204, Dec. 19, 2007, 121 Stat. 1529, provided that: ‘‘(a) IN GENERAL.—Not later than 3 years after the en- actment of this section [Dec. 19, 2007] and every 3 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall assess and report to Congress on the impacts to date and like- ly future impacts of the requirements of section 211(o) of the Clean Air Act [42 U.S.C. 7545(o)] on the following: ‘‘(1) Environmental issues, including air quality, ef- fects on hypoxia, pesticides, sediment, nutrient and pathogen levels in waters, acreage and function of waters, and soil environmental quality. ‘‘(2) Resource conservation issues, including soil conservation, water availability, and ecosystem health and biodiversity, including impacts on forests, grasslands, and wetlands. ‘‘(3) The growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture. In advance of preparing the report required by this sub- section, the Administrator may seek the views of the National Academy of Sciences or another appropriate independent research institute. The report shall in- clude the annual volume of imported renewable fuels and feedstocks for renewable fuels, and the environ- mental impacts outside the United States of producing such fuels and feedstocks. The report required by this subsection shall include recommendations for actions to address any adverse impacts found. ‘‘(b) EFFECT ON AIR QUALITY AND OTHER ENVIRON- MENTAL REQUIREMENTS.—Except as provided in section 211(o)(12) of the Clean Air Act [42 U.S.C. 7545(o)(12)], nothing in the amendments made by this title to sec- tion 211(o) of the Clean Air Act shall be construed as superseding, or limiting, any more environmentally protective requirement under the Clean Air Act [42 U.S.C. 7401 et seq.], or under any other provision of State or Federal law or regulation, including any envi- ronmental law or regulation.’’ TRANSITION RULES Pub. L. 110–140, title II, § 210(a), Dec. 19, 2007, 121 Stat. 1532, provided that: ‘‘(1) For calendar year 2008, transportation fuel sold or introduced into commerce in the United States (ex- cept in noncontiguous States or territories), that is produced from facilities that commence construction after the date of enactment of this Act [Dec. 19, 2007] shall be treated as renewable fuel within the meaning of section 211(o) of the Clean Air Act [42 U.S.C. 7545(o)] only if it achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to base- line lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, any ethanol plant that is fired with natural gas, biomass, or any combination thereof is deemed to be in compliance with such 20 percent reduc- tion requirement and with the 20 percent reduction re- quirement of section 211(o)(1) of the Clean Air Act. The terms used in this subsection shall have the same meaning as provided in the amendment made by this Act to section 211(o) of the Clean Air Act. ‘‘(2) Until January 1, 2009, the Administrator of the Environmental Protection Agency shall implement sec- tion 211(o) of the Clean Air Act and the rules promul- gated under that section in accordance with the provi- sions of that section as in effect before the enactment of this Act and in accordance with the rules promul- gated before the enactment of this Act, except that for calendar year 2008, the number ‘9.0’ shall be substituted for the number ‘5.4’ in the table in section 211(o)(2)(B) and in the corresponding rules promulgated to carry out those provisions. The Administrator is authorized to take such other actions as may be necessary to carry out this paragraph notwithstanding any other provision of law.’’ SURVEY OF RENEWABLE FUEL MARKET Pub. L. 109–58, title XV, § 1501(d), Aug. 8, 2005, 119 Stat. 1075, provided that: ‘‘(1) SURVEY AND REPORT.—Not later than December 1, 2006, and annually thereafter, the Administrator of the Environmental Protection Agency (in consultation with the Secretary [of Energy] acting through the Ad- ministrator of the Energy Information Administration) shall— ‘‘(A) conduct, with respect to each conventional gasoline use area and each reformulated gasoline use area in each State, a survey to determine the market shares of— ‘‘(i) conventional gasoline containing ethanol; ‘‘(ii) reformulated gasoline containing ethanol; ‘‘(iii) conventional gasoline containing renewable fuel; and ‘‘(iv) reformulated gasoline containing renewable fuel; and ‘‘(B) submit to Congress, and make publicly avail- able, a report on the results of the survey under sub- paragraph (A). ‘‘(2) RECORDKEEPING AND REPORTING REQUIREMENTS.— The Administrator of the Environmental Protection Agency (hereinafter in this subsection referred to as the ‘Administrator’) may require any refiner, blender, or importer to keep such records and make such re- ports as are necessary to ensure that the survey con- ducted under paragraph (1) is accurate. The Adminis- trator, to avoid duplicative requirements, shall rely, to the extent practicable, on existing reporting and rec- ordkeeping requirements and other information avail- able to the Administrator including gasoline distribu- tion patterns that include multistate use areas. ‘‘(3) APPLICABLE LAW.—Activities carried out under this subsection shall be conducted in a manner de- signed to protect confidentiality of individual re- sponses.’’ FINDINGS Pub. L. 109–58, title XV, § 1502, Aug. 8, 2005, 119 Stat. 1076, provided that: ‘‘Congress finds that— ‘‘(1) since 1979, methyl tertiary butyl ether (herein- after in this section referred to as ‘MTBE’) has been used nationwide at low levels in gasoline to replace lead as an octane booster or anti-knocking agent; ‘‘(2) Public Law 101–549 (commonly known as the ‘Clean Air Act Amendments of 1990’) (42 U.S.C. 7401 et seq.) [see Tables for classification] established a fuel oxygenate standard under which reformulated gaso- line must contain at least 2 percent oxygen by weight; and ‘‘(3) the fuel industry responded to the fuel oxygen- ate standard established by Public Law 101–549 by making substantial investments in— ‘‘(A) MTBE production capacity; and ‘‘(B) systems to deliver MTBE-containing gaso- line to the marketplace.’’ Page 7364 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7546 1 See References in Text note below. 2 So in original. CLAIMS FILED AFTER AUGUST 8, 2005 Pub. L. 109–58, title XV, § 1503, Aug. 8, 2005, 119 Stat. 1076, provided that: ‘‘Claims and legal actions filed after the date of enactment of this Act [Aug. 8, 2005] re- lated to allegations involving actual or threatened con- tamination of methyl tertiary butyl ether (MTBE) may be removed to the appropriate United States district court.’’ FINDINGS AND SENSE OF CONGRESS ON ETHANOL USAGE Pub. L. 100–203, title I, § 1508, Dec. 22, 1987, 101 Stat. 1330–29, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) the United States is dependent for a large and growing share of its energy needs on the Middle East at a time when world petroleum reserves are declin- ing; ‘‘(2) the burning of gasoline causes pollution; ‘‘(3) ethanol can be blended with gasoline to produce a cleaner source of fuel; ‘‘(4) ethanol can be produced from grain, a renew- able resource that is in considerable surplus in the United States; ‘‘(5) the conversion of grain into ethanol would re- duce farm program costs and grain surpluses; and ‘‘(6) increasing the quantity of motor fuels that contain at least 10 percent ethanol from current lev- els to 50 percent by 1992 would create thousands of new jobs in ethanol production facilities. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the Administrator of the Environmental Protec- tion Agency should use authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.) to require greater use of ethanol as motor fuel.’’ AGRICULTURAL MACHINERY: STUDY OF UNLEADED FUEL Pub. L. 99–198, title XVII, § 1765, Dec. 23, 1985, 99 Stat. 1653, directed Administrator of EPA and Secretary of Agriculture jointly to conduct a study of use of fuel containing lead additives, and alternative lubricating additives, in gasoline engines that are used in agricul- tural machinery, and designed to combust fuel con- taining such additives, study to analyze potential for mechanical problems (including but not limited to valve recession) that may be associated with use of other fuels in such engines, and not later than Jan. 1, 1987, Administrator and Secretary to publish results of the study, with Administrator to publish in Federal Register notice of publication of such study and a sum- mary thereof; directed Administrator, after notice and opportunity for hearing, but not later than 6 months after publication of the study, to make findings and recommendations on need for lead additives in gasoline to be used on a farm for farming purposes, including a determination of whether a modification of regulations limiting lead content of gasoline would be appropriate in the case of gasoline used on a farm for farming pur- poses, and submit to President and Congress a report containing the study, a summary of comments received during public hearing (including comments of Sec- retary), and findings and recommendations of Adminis- trator made in accordance with clause (1), such report to be transmitted named congressional committees; di- rected Administrator between Jan. 1, 1986, and Dec. 31, 1987, to monitor actual lead content of leaded gasoline sold in the United States, with Administrator to deter- mine average lead content of such gasoline for each 3- month period between Jan. 1, 1986, and Dec. 31, 1987, and if actual lead content falls below an average of 0.2 of a gram of lead per gallon in any such 3-month period, to report to Congress, and publish a notice thereof in Fed- eral Register; provided that until Jan. 1, 1988, no regu- lation of Administrator issued under this section 211 could require an average lead content per gallon that is less than 0.1 of a gram per gallon; and authorized an ap- propriation. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7546. Renewable fuel (a) Definitions In this section: (1) Municipal solid waste The term ‘‘municipal solid waste’’ has the meaning given the term ‘‘solid waste’’ in sec- tion 6903 of this title. (2) RFG State The term ‘‘RFG State’’ means a State in which is located one or more covered areas (as defined in section 7545(k)(10)(D) of this title). (3) Secretary The term ‘‘Secretary’’ means the Secretary of Energy. (b) Cellulosic biomass ethanol and municipal solid waste loan guarantee program (1) In general Funds may be provided for the cost (as de- fined in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan guarantees issued under title XIV of the Energy Policy Act 1 to carry out commercial demonstration projects for celluosic 2 biomass and sucrose-derived eth- anol. (2) Demonstration projects (A) In general The Secretary shall issue loan guarantees under this section to carry out not more than 4 projects to commercially dem- onstrate the feasibility and viability of pro- ducing cellulosic biomass ethanol or su- crose-derived ethanol, including at least 1 project that uses cereal straw as a feedstock and 1 project that uses municipal solid waste as a feedstock. (B) Design capacity Each project shall have a design capacity to produce at least 30,000,000 gallons of cel- lulosic biomass ethanol each year. (3) Applicant assurances An applicant for a loan guarantee under this section shall provide assurances, satisfactory to the Secretary, that— (A) the project design has been validated through the operation of a continuous proc-