Calendar No. 421
109th CONGRESS
2d Session
S. 2700
To amend the Clean Air Act to provide for a Federal Fuels List,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 2, 2006
Mr. BURR (for himself and Mr. ALLEN) introduced the following bill; which
was read the first time
May 3, 2006
Read the second time and placed on the calendar
A BILL
To amend the Clean Air Act to provide for a Federal Fuels List,
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 `Affordable and Reliable Gas Act of 2006'.
SEC. 2. LIST OF FUELS.
(a) List of Fuels- Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C.
7545(c)(4)(C)) (as amended by the Energy Policy Act of 2005 (Public Law
109-58; 119 Stat. 1106)) is amended by striking the second clause (v) and
inserting the following:
`(vi)(I) The Administrator shall have no authority, when considering a State
implementation plan or a State implementation plan revision, to approve
under this paragraph any fuel included in such plan or revision if the effect
of such approval would be to increase the total number of fuels approved
under this paragraph as of September 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 paragraph as of
September 1, 2004, in all State implementation plans and shall publish a
list of such fuels, including the states and Petroleum Administration for
Defense District in which they are used, in the Federal Register no later
than 90 days after enactment.
`(III) The Administrator shall remove a fuel from the list published under
subclause (II) if a fuel ceases to be included in a State implementation
plan or if a fuel in a State implementation plan is identical to a Federal
fuel formulation implemented by the Administrator and shall reduce the total
number of fuels authorized under the list published under subclause (II)
appropriately.
`(IV) Subclause (I) shall not limit the Administrator's authority to approve
a control or prohibition respecting any new fuel under this paragraph in
a State's implementation plan or a revision to that State's implementation
plan after the date of enactment of this Act if such new fuel completely
replaces a fuel on the list published under subclause (II).
`(V) The Administrator shall have no authority under this paragraph, when
considering any particular State's implementation plan or a revision to
that State's implementation plan, to approve 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 Administrator for Defense District. However,
the Administrator may approve as part of a State implementation plan or
State implementation plan revision a fuel with a summertime 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) as of the date of consideration.
`(VI) Nothing in this clause shall be construed to have any effect regarding
any available authority of States to require the use of any fuel additive
registered in accordance with subsection (b), including any fuel additive
registered in accordance with subsection (b) after the enactment of this
subclause.
`(vii)(I) The provisions of clause (vi), including the limitations of the
authority of the Administrator and the cap on the total number of fuels
permitted, shall remain in effect until the harmonization of fuels under
subclause V of this clause is accomplished. Once such harmonization has
been accomplished, clause (v) shall sunset and the limitations of the authority
of the Administrator under subclause (IV) of this clause shall apply.
`(II) The Administrator, in coordination with the Secretary of Energy (hereinafter
in this clause referred to as the `Secretary'), shall identify and publish
in the Federal Register, within 12 months after the enactment of this subclause
and after notice and opportunity for public comment, a list of 5 gasolines
and diesel fuels to be used in States that have not received a waiver under
section 209(b) of this Act. The list shall be referred to as the `Federal
Fuels List' and shall include one Federal on-road diesel fuel (which shall
grandfather the sulfur phase down in the Administrator's ultra low sulfur
diesel fuel regulations in effect as of the date of enactment and shall
permit the implementation of one alternative diesel fuel, approved under
this subparagraph before enactment of this subclause for a State that has
not received a section 209(b) waiver, only in the State in which it was
approved prior to enactment), one conventional gasoline for ozone attainment
areas, one reformulated gasoline (RFG) meeting the requirements of subsection
(k), and 2 additional gasolines with Reid vapor pressure (RVP) controls
for use in ozone attainment areas of varying degrees of severity. None of
the fuels identified under this subclause shall control fuel sulfur or toxics
levels beyond levels required by regulations of the Administrator.
`(III) Gasolines and diesel fuels shall be included on the Federal Fuels
List based on the Administrator's analysis of their ability to reduce ozone
emissions to assist States in attaining established ozone standards under
this Act, and on an analysis by the Secretary that the adoption of the Federal
Fuels List will not result in a reduction in supply or in producibility,
including that caused by a reduction in domestic refining capacity as a
result of the adoption of the Federal Fuels List. In the event the Secretary
concludes that adoption of the Federal Fuels List will result in a reduction
in supply or in producibility, the Administrator and the Secretary shall
report that conclusion to Congress, and suspend implementation of this clause.
The Administrator and the Secretary shall conduct the study required under
section 1541(c) of the Energy Policy Act of 2005 on the timetable required
in that section to provide Congress with legislative recommendations for
modifications to the proposed Federal Fuels List only if the Secretary concludes
that adoption of the Federal Fuels List will result in a reduction in supply
or in producibility.
`(IV) Upon publication of the Federal Fuels List, the Administrator shall
have no authority, when considering a State implementation plan or State
implementation plan revisions, to approve under this subparagraph any fuel
included in such plan or plan revision if the proposed fuel is not one of
the fuels on the Federal Fuels List; or to approve a State's plan or plan
revision to move from one fuel on the Federal Fuels List to another unless,
after consultation with the Secretary, the Administrator publishes in the
Federal Register, after notice and opportunity for public comment, a finding
that, in the Administrator's judgment, such plan or plan revision to adopt
a different fuel on the Federal Fuels List will not cause fuel supply or
distribution disruptions in the affected area or contiguous areas. The Administrator's
finding shall include an assessment of reasonably foreseeable supply or
distribution emergencies that could occur in the affected area or contiguous
area and how adoption of the particular fuel revisions would effect alternative
supply options during reasonably foreseeable supply or distribution emergencies.
`(V) The Administrator, in consultation with the Secretary, shall develop
a plan to harmonize the currently approved fuels in State implementation
plans with the fuels included on the Federal Fuels List and shall promulgate
implementing regulations for this plan not later than 18 months after enactment
of this subclause. This harmonization shall be fully implemented by the
States by December 31, 2008.'.
(b) Boutique Fuels- Section 1541 of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 1106) is amended by striking subsection (c) and inserting
the following:
`(c) Study and Report to Congress on Boutique Fuels-
`(1) JOINT STUDY- The Administrator of the Environmental Protection Agency
and the Secretary of Energy shall undertake a study of the effects on
air quality, on the number of fuel blends, on fuel availability, on fuel
fungibility, and on fuel costs of the State plan provisions adopted pursuant
to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)).
`(2) FOCUS OF STUDY- The primary focus of the study required under paragraph
(1) shall be to determine how to develop a Federal fuels system that maximizes
motor fuel fungibility and supply, preserves air quality standards, and
reduces motor fuel price volatility that results from the proliferation
of boutique fuels, and to recommend to Congress such legislative changes
as are necessary to implement such a system. The study should include
the impacts on overall energy supply, distribution, and use as a result
of the legislative changes recommended. The study should include an analysis
of the impact on ozone emissions and supply of a mandatory reduction in
the number of fuel blends to 5, including one on-road Federal diesel fuel
(which shall grandfather the sulfur phase down in the Administrator's
ultra low sulfur diesel fuel regulations and shall permit the implementation
of, one alternative diesel fuel, blend approved under this subparagraph
before enactment of this subclause for a State that has not received a
section 209(b) waiver, only in the State in which it was approved prior
to enactment), one conventional gasoline for ozone attainment areas, one
reformulated gasoline (RFG) meeting the requirements of subsection (k),
and 2 additional gasolines blends with Reid vapor pressure (RVP) controls
for use in ozone attainment areas of varying degrees of severity.
`(3) CONDUCT OF STUDY- In carrying out their joint duties under this section,
the Administrator and the Secretary shall use sound science and objective
science practices, shall consider the best available science, shall use
data collected by accepted means and shall consider and include a description
of the weight of the scientific evidence. The Administrator and the Secretary
shall coordinate the study required by this section with other studies
required by the act and shall endeavor to avoid duplication of effort
with regard to such studies.
`(4) RESPONSIBILITY OF ADMINISTRATOR- In carrying out the study required
by this section, the Administrator shall coordinate obtaining comments
from affected parties interested in the air quality impact assessment
portion of the study. The Administrator shall use sound and objective
science practices, shall consider the best available science, and shall
consider and include a description of the weight of the scientific evidence.
`(5) RESPONSIBILITY OF SECRETARY- In carrying out the study required by
this section, the Secretary shall coordinate obtaining comments from affected
parties interested in the fuel availability, number of fuel blends, fuel
fungibility and fuel costs portion of the study.
`(6) REPORT TO CONGRESS- The Administrator and the Secretary jointly shall
submit the results of the study required by this section in a report to
the Congress not later than 12 months after the date of the enactment
of this Act, together with any recommended regulatory and legislative
changes. Such report shall be submitted to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Environment
and Public Works of the Senate.
`(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
jointly to the Administrator and the Secretary $500,000 for the completion
of the study required under this subsection.'.
Calendar No. 421
109th CONGRESS
2d Session
S. 2700
A BILL
To amend the Clean Air Act to provide for a Federal Fuels List, and for
other purposes.
May 3, 2006
Read the second time and placed on the calendar
END
