S 511

112th CONGRESS
1st Session

S. 511

To amend the Clean Air Act to provide for a reduction in the number of boutique fuels, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 8, 2011

Mr. BLUNT (for himself, Mr. KIRK, Mr. WICKER, Mr. CORKER, Mr. COBURN, Mr. LEE, Mr. SESSIONS, Mr. MCCONNELL, Mr. THUNE, Mr. CORNYN, Mr. HATCH, Mr. ENSIGN, Mr. DEMINT, Mr. TOOMEY, Mr. KYL, Mr. MCCAIN, Mr. ALEXANDER, Mr. HOEVEN, Mr. JOHNSON of Wisconsin, Mr. COATS, Mr. BOOZMAN, Mr. CHAMBLISS, Mr. RUBIO, Mr. ISAKSON, Mr. JOHANNS, Mr. CRAPO, Mr. ROBERTS, Mr. LUGAR, Mr. COCHRAN, Mr. BARRASSO, Mr. GRASSLEY, Mr. PORTMAN, Ms. MURKOWSKI, Mr. RISCH, Ms. AYOTTE, Mr. BROWN of Massachusetts, Mr. SHELBY, and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To amend the Clean Air Act to provide for a reduction in the number of boutique fuels, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Boutique Fuel Reduction Act of 2011'.

SEC. 2. REDUCTION IN NUMBER OF BOUTIQUE FUELS.

    Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--

      (1) in clause (ii)(II), by inserting `an unexpected problem with distribution or delivery equipment that is necessary for the transportation or delivery of fuel or fuel additives,' after `equipment failure,';

      (2) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); and

      (3) in clause (vi) (as redesignated by paragraph (2))--

        (A) in subclause (I), by striking `fuels approved under' and all that follows through the end of the subclause and inserting `fuels included on the list published under subclause (II) (including any revisions to the list under subclause (III)).';

        (B) by striking subclause (III) and inserting the following:

            `(III) REMOVAL OF FUELS FROM LIST-

`(aa) IN GENERAL- The Administrator, after providing notice and an opportunity for comment, shall remove a fuel from the list published under subclause (II) if the Administrator determines that the fuel has ceased to be included in any State implementation plan or is identical to a Federal fuel control or prohibition established and enforced the Administrator.

`(bb) PUBLICATION OF REVISED LIST- On removing a fuel from the list under item (aa), the Administrator shall publish a revised list that reflects that removal.'; and

        (C) by striking subclause (IV) and inserting the following:

            `(IV) NO LIMITATION ON AUTHORITY- Nothing in subclause (I) or (V) limits the authority of the Administrator to approve a control or prohibition relating to any new fuel under this paragraph in a State implementation plan (or a revision to such a plan), if--

`(aa) the new fuel completely replaces a fuel on the list published under subclause (II) (including any revisions to the list under subclause (III)); and

`(bb) the Administrator, in consultation with the Secretary of Energy, publishes in the Federal Register, after providing notice and an opportunity for public comment, a determination that the control or prohibition will not cause any fuel supply or distribution interruption or have any significant adverse impact on fuel producibility in the affected area or any contiguous area.'.

END