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lutants in the same manner as provided in
1
paragraph (7).
2
‘‘(v) R
EGIONAL PROTECTION OF TOXICS
3
REDUCTION BASELINES
.—
4
‘‘(I) I
N GENERAL
.—Not later than
5
60 days after the date of enactment of
6
this subparagraph, and not later than
7
April 1 of each calendar year that be-
8
gins after that date of enactment, the
9
Administrator shall publish in the
10
Federal Register a report that specifies,
11
with respect to the previous calendar
12
year—
13
‘‘(aa) the quantity of refor-
14
mulated gasoline produced that is
15
in excess of the average annual
16
quantity of reformulated gasoline
17
produced in 1999 and 2000; and
18
‘‘(bb) the reduction of the av-
19
erage annual aggregate emissions
20
of toxic air pollutants in each
21
PADD, based on retail survey
22
data or data from other appro-
23
priate sources.
24
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‘‘(II) E
FFECT
OF
FAILURE
TO
1
MAINTAIN AGGREGATE TOXICS REDUC
-
2
TIONS
.—If, in any calendar year, the
3
reduction of the average annual aggre-
4
gate emissions of toxic air pollutants
5
in a PADD fails to meet or exceed the
6
reduction of the average annual aggre-
7
gate emissions of toxic air pollutants
8
in the PADD in calendar years 1999
9
and 2000, the Administrator, not later
10
than 90 days after the date of publica-
11
tion of the report for the calendar year
12
under subclause (I), shall—
13
‘‘(aa) identify, to the max-
14
imum extent practicable, the rea-
15
sons for the failure, including the
16
sources, volumes, and characteris-
17
tics of reformulated gasoline that
18
contributed to the failure; and
19
‘‘(bb) promulgate revisions to
20
the regulations promulgated under
21
clause (ii), to take effect not ear-
22
lier than 180 days but not later
23
than 270 days after the date of
24
promulgation, to provide that,
25
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notwithstanding clause (iii)(II),
1
all reformulated gasoline produced
2
or distributed at each refinery or
3
importer shall meet the standards
4
applicable under clause (iii) not
5
later than April 1 of the year fol-
6
lowing the report in subclause (II)
7
and for subsequent years.
8
‘‘(vi) R
EGULATIONS TO CONTROL HAZ
-
9
ARDOUS AIR POLLUTANTS FROM MOTOR VE
-
10
HICLES AND MOTOR VEHICLE FUELS
.—Not
11
later than July 1, 2004, the Administrator
12
shall promulgate final regulations to control
13
hazardous air pollutants from motor vehi-
14
cles and motor vehicle fuels, as provided for
15
in section 80.1045 of title 40, Code of Fed-
16
eral Regulations (as in effect on the date of
17
enactment of this subparagraph).’’.
18
(c) C
ONSOLIDATION
IN
R
EFORMULATED
G
ASOLINE
19
R
EGULATIONS
.—Not later than 180 days after the date of
20
enactment of this Act, the Administrator shall revise the
21
reformulated gasoline regulations under subpart D of part
22
80 of title 40, Code of Federal Regulations, to consolidate
23
the regulations applicable to VOC-Control Regions 1 and
24
2 under section 80.41 of that title by eliminating the less
25
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stringent requirements applicable to gasoline designated for
1
VOC-Control Region 2 and instead applying the more strin-
2
gent requirements applicable to gasoline designated for
3
VOC-Control Region 1.
4
(d) S
AVINGS
C
LAUSE
.—Nothing in this section is in-
5
tended to affect or prejudice any legal claims or actions
6
with respect to regulations promulgated by the Adminis-
7
trator prior to enactment of this Act regarding emissions
8
of toxic air pollutants from motor vehicles.
9
(e) D
ETERMINATION
R
EGARDING
A
S
TATE
P
ETI
-
10
TION
.—Section 211(k) of the Clean Air Act (42 U.S.C.
11
7545(k)) is amended by inserting after paragraph (10) the
12
following:
13
‘‘(11) D
ETERMINATION REGARDING A STATE PE
-
14
TITION
.—
15
‘‘(A) I
N
GENERAL
.—Notwithstanding any
16
other provision of this section, not less than 30
17
days after enactment of this paragraph the Ad-
18
ministrator must determine the adequacy of any
19
petition received from a Governor of a State to
20
exempt gasoline sold in that State from the re-
21
quirements of paragraph (2)(B).
22
‘‘(B) A
PPROVAL
.—If the determination in
23
(A) is not made within thirty days of enactment
24
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HR 6 EAS1S/PP
of this paragraph, the petition shall be deemed
1
approved.’’.
2
SEC. 835. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS
3
OF FUELS AND FUEL ADDITIVES.
4
Section 211(b) of the Clean Air Act (42 U.S.C.
5
7545(b)) is amended—
6
(1) in paragraph (2)—
7
(A) by striking ‘‘may also’’ and inserting
8
‘‘shall, on a regular basis,’’; and
9
(B) by striking subparagraph (A) and in-
10
serting the following:
11
‘‘(A) to conduct tests to determine potential
12
public health and environmental effects of the
13
fuel
or
additive
(including
carcinogenic,
14
teratogenic, or mutagenic effects); and’’; and
15
(2) by adding at the end the following:
16
‘‘(4) S
TUDY ON CERTAIN FUEL ADDITIVES AND
17
BLENDSTOCKS
.—
18
‘‘(A) I
N GENERAL
.—Not later than 2 years
19
after the date of enactment of this paragraph, the
20
Administrator shall—
21
‘‘(i) conduct a study on the effects on
22
public health, air quality, and water re-
23
sources of increased use of, and the feasi-
24
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HR 6 EAS1S/PP
bility of using as substitutes for methyl ter-
1
tiary butyl ether in gasoline—
2
‘‘(I) ethyl tertiary butyl ether;
3
‘‘(II) tertiary amyl methyl ether;
4
‘‘(III) di-isopropyl ether;
5
‘‘(IV) tertiary butyl alcohol;
6
‘‘(V) other ethers and heavy alco-
7
hols, as determined by then Adminis-
8
trator;
9
‘‘(VI) ethanol;
10
‘‘(VII) iso-octane; and
11
‘‘(VIII) alkylates; and
12
‘‘(ii) conduct a study on the effects on
13
public health, air quality, and water re-
14
sources of the adjustment for ethanol-blend-
15
ed reformulated gasoline to the VOC per-
16
formance requirements otherwise applicable
17
under sections 211(k)(1) and 211(k)(3) of
18
the Clean Air Act.
19
‘‘(iii) submit to the Committee on En-
20
vironment and Public Works of the Senate
21
and the Committee on Energy and Com-
22
merce of the House of Representatives a re-
23
port describing the results of these studies.
24
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‘‘(B) C
ONTRACTS FOR STUDY
.—In carrying
1
out this paragraph, the Administrator may enter
2
into one or more contracts with nongovernmental
3
entities including but not limited to National
4
Energy Laboratories and institutions of higher
5
education (as defined in section 101 of the High-
6
er Education Act of 1965 (20 U.S.C. 1001)).’’.
7
SEC. 836. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.
8
Section 211 of the Clean Air Act (42 U.S.C. 7545) (as
9
amended by section 820(a)) is amended by inserting after
10
subsection (o) the following:
11
‘‘(p) A
NALYSES OF
M
OTOR
V
EHICLE
F
UEL
C
HANGES
12
AND
E
MISSIONS
M
ODEL
.—
13
‘‘(1) A
NTI
-
BACKSLIDING ANALYSIS
.—
14
‘‘(A) D
RAFT ANALYSIS
.—Not later than 4
15
years after the date of enactment of this para-
16
graph, the Administrator shall publish for public
17
comment a draft analysis of the changes in emis-
18
sions of air pollutants and air quality due to the
19
use of motor vehicle fuel and fuel additives re-
20
sulting from implementation of the amendments
21
made by the Federal Reformulated Fuels Act of
22
2003.
23
‘‘(B) F
INAL ANALYSIS
.—After providing a
24
reasonable opportunity for comment but not
25
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HR 6 EAS1S/PP
later than 5 years after the date of enactment of
1
this paragraph, the Administrator shall publish
2
the analysis in final form.
3
‘‘(2) E
MISSIONS MODEL
.—For the purposes of
4
this subsection, as soon as the necessary data are
5
available, the Administrator shall develop and final-
6
ize an emissions model that reasonably reflects the ef-
7
fects of gasoline characteristics or components on
8
emissions from vehicles in the motor vehicle fleet dur-
9
ing calendar year 2005.’’.
10
SEC. 837. ADDITIONAL OPT-IN AREAS UNDER REFORMU-
11
LATED GASOLINE PROGRAM.
12
Section 211(k)(6) of the Clean Air Act (42 U.S.C.
13
7545(k)(6)) is amended—
14
(1) by striking ‘‘(6) O
PT
-
IN AREAS
.—(A) Upon’’
15
and inserting the following:
16
‘‘(6) O
PT
-
IN AREAS
.—
17
‘‘(A) C
LASSIFIED AREAS
.—
18
‘‘(i) I
N GENERAL
.—Upon’’;
19
(2) in subparagraph (B), by striking ‘‘(B) If’’
20
and inserting the following:
21
‘‘(ii) E
FFECT
OF
INSUFFICIENT
DO
-
22
MESTIC CAPACITY TO PRODUCE REFORMU
-
23
LATED GASOLINE
.—If’’;
24
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HR 6 EAS1S/PP
(3) in subparagraph (A)(ii) (as redesignated by
1
paragraph (2))—
2
(A) in the first sentence, by striking ‘‘sub-
3
paragraph (A)’’ and inserting ‘‘clause (i)’’; and
4
(B) in the second sentence, by striking ‘‘this
5
paragraph’’ and inserting ‘‘this subparagraph’’;
6
and
7
(4) by adding at the end the following:
8
‘‘(B) O
ZONE TRANSPORT REGION
.—
9
‘‘(i) A
PPLICATION OF PROHIBITION
.—
10
‘‘(I) I
N GENERAL
.—In addition to
11
the provisions of subparagraph (A),
12
upon the application of the Governor
13
of a State in the ozone transport re-
14
gion established by section 184(a), the
15
Administrator, not later than 180 days
16
after the date of receipt of the applica-
17
tion, shall apply the prohibition speci-
18
fied in paragraph (5) to any area in
19
the State (other than an area classified
20
as a marginal, moderate, serious, or se-
21
vere ozone nonattainment area under
22
subpart 2 of part D of title I) unless
23
the Administrator determines under
24
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HR 6 EAS1S/PP
clause (iii) that there is insufficient ca-
1
pacity to supply reformulated gasoline.
2
‘‘(II) P
UBLICATION OF APPLICA
-
3
TION
.—As soon as practicable after the
4
date of receipt of an application under
5
subclause (I), the Administrator shall
6
publish the application in the Federal
7
Register.
8
‘‘(ii) P
ERIOD
OF
APPLICABILITY
.—
9
Under clause (i), the prohibition specified
10
in paragraph (5) shall apply in a State—
11
‘‘(I) commencing as soon as prac-
12
ticable but not later than 2 years after
13
the date of approval by the Adminis-
14
trator of the application of the Gov-
15
ernor of the State; and
16
‘‘(II) ending not earlier than 4
17
years after the commencement date de-
18
termined under subclause (I).
19
‘‘(iii) E
XTENSION OF COMMENCEMENT
20
DATE BASED ON INSUFFICIENT CAPACITY
.—
21
‘‘(I) I
N
GENERAL
.—If, after re-
22
ceipt of an application from a Gov-
23
ernor of a State under clause (i), the
24
Administrator determines, on the Ad-
25
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HR 6 EAS1S/PP
ministrator’s own motion or on peti-
1
tion of any person, after consultation
2
with the Secretary of Energy, that
3
there is insufficient capacity to supply
4
reformulated gasoline, the Adminis-
5
trator, by regulation—
6
‘‘(aa) shall extend the com-
7
mencement date with respect to
8
the State under clause (ii)(I) for
9
not more than 1 year; and
10
‘‘(bb) may renew the exten-
11
sion under item (aa) for two ad-
12
ditional periods, each of which
13
shall not exceed 1 year.
14
‘‘(II) D
EADLINE FOR ACTION ON
15
PETITIONS
.—The Administrator shall
16
act on any petition submitted under
17
subclause (I) not later than 180 days
18
after the date of receipt of the peti-
19
tion.’’.
20
SEC. 838. FEDERAL ENFORCEMENT OF STATE FUELS RE-
21
QUIREMENTS.
22
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C.
23
7545(c)(4)(C)) is amended—
24
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HR 6 EAS1S/PP
(1) by striking ‘‘(C) A State’’ and inserting the
1
following:
2
‘‘(C) A
UTHORITY OF STATE TO CONTROL
3
FUELS AND FUEL ADDITIVES FOR REASONS OF
4
NECESSITY
.—
5
‘‘(i) I
N GENERAL
.—A State’’; and
6
(2) by adding at the end the following:
7
‘‘(ii) E
NFORCEMENT BY THE ADMINIS
-
8
TRATOR
.—In any case in which a State
9
prescribes and enforces a control or prohibi-
10
tion under clause (i), the Administrator, at
11
the request of the State, shall enforce the
12
control or prohibition as if the control or
13
prohibition had been adopted under the
14
other provisions of this section.’’.
15
SEC. 839. FUEL SYSTEM REQUIREMENTS HARMONIZATION
16
STUDY.
17
(a) S
TUDY
.—
18
(1) I
N GENERAL
.—The Administrator of the En-
19
vironmental Protection Agency and the Secretary of
20
Energy shall jointly conduct a study of Federal,
21
State, and local requirements concerning motor vehi-
22
cle fuels, including—
23
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