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(c) T
ECHNICAL
A
MENDMENTS
.—(1) Section 1001 of
1
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
2
amended by striking the item relating to section 9010 and
3
inserting the following:
4
‘‘Sec. 9010. Release prevention and compliance.
‘‘Sec. 9011. Bedrock bioremediation.
‘‘Sec. 9012. Soil remediation.
‘‘Sec. 9013. Authorization of appropriations.’’.
(2) Section 9001(3)(A) of the Solid Waste Disposal Act
5
(42 U.S.C. 6991(3)(A)) is amended by striking ‘‘sustances’’
6
and inserting ‘‘substances’’.
7
(3) Section 9003(f)(1) of the Solid Waste Disposal Act
8
(42 U.S.C. 6991b(f)(1)) is amended by striking ‘‘subsection
9
(c) and (d) of this section’’ and inserting ‘‘subsections (c)
10
and (d)’’.
11
(4) Section 9004(a) of the Solid Waste Disposal Act
12
(42 U.S.C. 6991c(a)) is amended in the second sentence by
13
striking ‘‘referred to’’ and all that follows and inserting ‘‘re-
14
ferred to in subparagraph (A) or (B), or both, of section
15
9001(2).’’.
16
(5) Section 9005 of the Solid Waste Disposal Act (42
17
U.S.C. 6991d) is amended—
18
(A) in subsection (a), by striking ‘‘study taking’’
19
and inserting ‘‘study, taking’’;
20
(B) in subsection (b)(1), by striking ‘‘relevent’’
21
and inserting ‘‘relevant’’; and
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HR 6 EAS1S/PP
(C)
in
subsection
(b)(4),
by
striking
1
‘‘Evironmental’’ and inserting ‘‘Environmental’’.
2
SEC. 833. AUTHORITY FOR WATER QUALITY PROTECTION
3
FROM FUELS.
4
(a) F
INDINGS
.—Congress finds that—
5
(1) since 1979, methyl tertiary butyl ether (re-
6
ferred to in this section as ‘‘MTBE’’) has been used
7
nationwide at low levels in gasoline to replace lead as
8
an octane booster or anti-knocking agent;
9
(2) Public Law 101–549 (commonly known as
10
the ‘‘Clean Air Act Amendments of 1990’’) (42 U.S.C.
11
7401 et seq.) established a fuel oxygenate standard
12
under which reformulated gasoline must contain at
13
least 2 percent oxygen by weight;
14
(3) at the time of the adoption of the fuel oxygen
15
standard, Congress was aware that significant use of
16
MTBE could result from the adoption of that stand-
17
ard, and that the use of MTBE would likely be im-
18
portant to the cost-effective implementation of that
19
program;
20
(4) Congress is aware that gasoline and its com-
21
ponent additives have leaked from storage tanks, with
22
consequences for water quality;
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(5) the fuel industry responded to the fuel oxy-
1
genate standard established by Public Law 101–549
2
by making substantial investments in—
3
(A) MTBE production capacity; and
4
(B) systems to deliver MTBE-containing
5
gasoline to the marketplace;
6
(6) when leaked or spilled into the environment,
7
MTBE may cause serious problems of drinking water
8
quality;
9
(7) in recent years, MTBE has been detected in
10
water sources throughout the United States;
11
(8) MTBE can be detected by smell and taste at
12
low concentrations;
13
(9) while small quantities of MTBE can render
14
water supplies unpalatable, the precise human health
15
effects of MTBE consumption at low levels are yet un-
16
known;
17
(10) in the report entitled ‘‘Achieving Clean Air
18
and Clean Water: The Report of the Blue Ribbon
19
Panel on Oxygenates in Gasoline’’ and dated Sep-
20
tember 1999, Congress was urged—
21
(A) to eliminate the fuel oxygenate stand-
22
ard;
23
(B) to greatly reduce use of MTBE; and
24
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HR 6 EAS1S/PP
(C) to maintain the environmental perform-
1
ance of reformulated gasoline;
2
(11) Congress has—
3
(A) reconsidered the relative value of MTBE
4
in gasoline; and
5
(B) decided to eliminate use of MTBE as a
6
fuel additive;
7
(12) the timeline for elimination of use of MTBE
8
as a fuel additive must be established in a manner
9
that achieves an appropriate balance among the goals
10
of—
11
(A) environmental protection;
12
(B) adequate energy supply; and
13
(C) reasonable fuel prices; and
14
(13) it is appropriate for Congress to provide
15
some limited transition assistance—
16
(A) to merchant producers of MTBE who
17
produced MTBE in response to a market created
18
by the oxygenate requirement contained in the
19
Clean Air Act; and
20
(B) for the purpose of mitigating any fuel
21
supply problems that may result from elimi-
22
nation of a widely-used fuel additive.
23
(b) P
URPOSES
.—The purposes of this section are—
24
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HR 6 EAS1S/PP
(1) to eliminate use of MTBE as a fuel oxygen-
1
ate; and
2
(2) to provide assistance to merchant producers
3
of MTBE in making the transition from producing
4
MTBE to producing other fuel additives.
5
(c) A
UTHORITY FOR
W
ATER
Q
UALITY
P
ROTECTION
6
F
ROM
F
UELS
.—Section 211(c) of the Clean Air Act (42
7
U.S.C. 7545(c)) is amended—
8
(1) in paragraph (1)(A)—
9
(A) by inserting ‘‘fuel or fuel additive or’’
10
after ‘‘Administrator any’’; and
11
(B) by striking ‘‘air pollution which’’ and
12
inserting ‘‘air pollution, or water pollution,
13
that’’;
14
(2) in paragraph (4)(B), by inserting ‘‘or water
15
quality protection,’’ after ‘‘emission control,’’; and
16
(3) by adding at the end the following:
17
‘‘(5) P
ROHIBITION ON USE OF MTBE
.—
18
‘‘(A) I
N
GENERAL
.—Subject to subpara-
19
graph (E), not later than 4 years after the date
20
of enactment of this paragraph, the use of methyl
21
tertiary butyl ether in motor vehicle fuel in any
22
State other than a State described in subpara-
23
graph (C) is prohibited.
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‘‘(B) R
EGULATIONS
.—The Administrator
1
shall promulgate regulations to effect the prohibi-
2
tion in subparagraph (A).
3
‘‘(C) S
TATES
THAT
AUTHORIZE
USE
.—A
4
State described in this subparagraph is a State
5
that submits to the Administrator a notice that
6
the State authorizes use of methyl tertiary butyl
7
ether in motor vehicle fuel sold or used in the
8
State.
9
‘‘(D) P
UBLICATION OF NOTICE
.—The Ad-
10
ministrator shall publish in the Federal Register
11
each notice submitted by a State under subpara-
12
graph (C).
13
‘‘(E) T
RACE QUANTITIES
.—In carrying out
14
subparagraph (A), the Administrator may allow
15
trace quantities of methyl tertiary butyl ether,
16
not to exceed 0.5 percent by volume, to be present
17
in motor vehicle fuel in cases that the Adminis-
18
trator determines to be appropriate.
19
‘‘(6) MTBE
MERCHANT PRODUCER CONVERSION
20
ASSISTANCE
.—
21
‘‘(A) I
N GENERAL
.—
22
‘‘(i) G
RANTS
.—The Secretary of En-
23
ergy, in consultation with the Adminis-
24
trator, may make grants to merchant pro-
25
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HR 6 EAS1S/PP
ducers of methyl tertiary butyl ether in the
1
United States to assist the producers in the
2
conversion of eligible production facilities
3
described in subparagraph (C) to the pro-
4
duction of iso-octane and alkylates.
5
‘‘(ii) D
ETERMINATION
.—The Adminis-
6
trator, in consultation with the Secretary of
7
Energy, may determine that transition as-
8
sistance for the production of iso-octane and
9
alkylates is inconsistent with the provisions
10
of subparagraph (B) and, on that basis,
11
may deny applications for grants author-
12
ized by this provision.
13
‘‘(B) F
URTHER GRANTS
.—The Secretary of
14
Energy, in consultation with the Administrator,
15
may also further make grants to merchant pro-
16
ducers of MTBE in the United States to assist
17
the producers in the conversion of eligible pro-
18
duction facilities described in subparagraph (C)
19
to the production of such other fuel additives
20
that, consistent with 211(c)—
21
‘‘(i) unless the Administrator deter-
22
mines that such fuel additives may reason-
23
ably be anticipated to endanger public
24
health or the environment;
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HR 6 EAS1S/PP
‘‘(ii) have been registered and have
1
been tested or are being tested in accordance
2
with the requirements of this section; and
3
‘‘(iii) will contribute to replacing gaso-
4
line volumes lost as a result of paragraph
5
(5).
6
‘‘(C) E
LIGIBLE PRODUCTION FACILITIES
.—
7
A production facility shall be eligible to receive
8
a grant under this paragraph if the production
9
facility—
10
‘‘(i) is located in the United States;
11
and
12
‘‘(ii) produced methyl tertiary butyl
13
ether for consumption in nonattainment
14
areas during the period—
15
‘‘(I) beginning on the date of en-
16
actment of this paragraph; and
17
‘‘(II) ending on the effective date
18
of the prohibition on the use of methyl
19
tertiary butyl ether under paragraph
20
(5).
21
‘‘(D)
A
UTHORIZATION
OF
APPROPRIA
-
22
TIONS
.—There is authorized to be appropriated
23
to carry out this paragraph $250,000,000 for
24
each of fiscal years 2003 through 2005.’’.
25
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(d) N
O
E
FFECT ON
L
AW
C
ONCERNING
S
TATE
A
UTHOR
-
1
ITY
.—The amendments made by subsection (c) have no ef-
2
fect on the law in effect on the day before the date of enact-
3
ment of this Act regarding the authority of States to limit
4
the use of methyl tertiary butyl ether in motor vehicle fuel.
5
SEC. 834. ELIMINATION OF OXYGEN CONTENT REQUIRE-
6
MENT FOR REFORMULATED GASOLINE.
7
(a) E
LIMINATION
.—
8
(1) I
N GENERAL
.—Section 211(k) of the Clean
9
Air Act (42 U.S.C. 7545(k)) is amended—
10
(A) in paragraph (2)—
11
(i) in the second sentence of subpara-
12
graph (A), by striking ‘‘(including the oxy-
13
gen content requirement contained in sub-
14
paragraph (B))’’;
15
(ii) by striking subparagraph (B); and
16
(iii) by redesignating subparagraphs
17
(C) and (D) as subparagraphs (B) and (C),
18
respectively;
19
(B) in paragraph (3)(A), by striking clause
20
(v);
21
(C) in paragraph (7)—
22
(i) in subparagraph (A)—
23
(I) by striking clause (i); and
24
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(II) by redesignating clauses (ii)
1
and (iii) as clauses (i) and (ii), respec-
2
tively; and
3
(ii) in subparagraph (C)—
4
(I) by striking clause (ii); and
5
(II) by redesignating clause (iii)
6
as clause (ii); and
7
(2) E
FFECTIVE DATE
.—The amendments made
8
by paragraph (1) take effect 270 days after the date
9
of enactment of this Act, except that such amendments
10
shall take effect upon enactment in any State that has
11
received a waiver under section 209(b) of the Clean
12
Air Act.
13
(b) M
AINTENANCE OF
T
OXIC
A
IR
P
OLLUTANT
E
MIS
-
14
SION
R
EDUCTIONS
.—Section 211(k)(1) of the Clean Air Act
15
(42 U.S.C. 7545(k)(1)) is amended—
16
(1) by striking ‘‘Within 1 year after the enact-
17
ment of the Clean Air Act Amendments of 1990,’’ and
18
inserting the following:
19
‘‘(A) I
N GENERAL
.—Not later than Novem-
20
ber 15, 1991,’’; and
21
(2) by adding at the end the following:
22
‘‘(B) M
AINTENANCE OF TOXIC AIR POLLUT
-
23
ANT
EMISSIONS
REDUCTIONS
FROM
REFORMU
-
24
LATED GASOLINE
.—
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‘‘(i) D
EFINITIONS
.—In this subpara-
1
graph the term ‘PADD’ means a Petroleum
2
Administration for Defense District.
3
‘‘(ii) R
EGULATIONS REGARDING EMIS
-
4
SIONS
OF
TOXIC
AIR
POLLUTANTS
.—Not
5
later than 270 days after the date of enact-
6
ment of this subparagraph, the Adminis-
7
trator shall establish, for each refinery or
8
importer (other than a refinery or importer
9
in a State that has received a waiver under
10
section 209(b) with regard to gasoline pro-
11
duced for use in that state), standards for
12
toxic air pollutants from use of the reformu-
13
lated gasoline produced or distributed by
14
the refinery or importer that maintain the
15
reduction of the average annual aggregate
16
emissions of toxic air pollutants for refor-
17
mulated gasoline produced or distributed by
18
the refinery or importer during calendar
19
years 1999 and 2000, determined on the
20
basis of data collected by the Administrator
21
with respect to the refinery or importer.
22
(iii) S
TANDARDS APPLICABLE TO SPE
-
23
CIFIC REFINERIES OR IMPORTERS
.—
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‘‘(I) A
PPLICABILITY
OF
STAND
-
1
ARDS
.—For any calendar year, the
2
standards applicable to a refinery or
3
importer under clause (ii) shall apply
4
to the quantity of gasoline produced or
5
distributed by the refinery or importer
6
in the calendar year only to the extent
7
that the quantity is less than or equal
8
to the average annual quantity of re-
9
formulated gasoline produced or dis-
10
tributed by the refinery or importer
11
during calendar years 1999 and 2000.
12
‘‘(II) A
PPLICABILITY
OF
OTHER
13
STANDARDS
.—For any calendar year,
14
the quantity of gasoline produced or
15
distributed by a refinery or importer
16
that is in excess of the quantity subject
17
to subclause (I) shall be subject to
18
standards for toxic air pollutants pro-
19
mulgated under subparagraph (A) and
20
paragraph (3)(B).
21
‘‘(iv) C
REDIT PROGRAM
.—The Admin-
22
istrator shall provide for the granting and
23
use of credits for emissions of toxic air pol-
24
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