Sec. 2. Fuel compatibility
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Subtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. ) is amended— by redesignating section 9014 as section 9015; and by inserting after section 9013 the following: In this section: The term associated dispensing equipment means equipment, at a stationary facility, that is— used for— the storage of any fuel or fuel additive described in subsection (b)(3)(A); or the dispensing of any fuel or fuel additive described in subsection (b)(3)(A) into any fuel tank of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment; and subject to regulation under section 1910.106 or 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013).
The term compatible has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013). The term motor vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). The term motor vehicle engine means an engine in a motor vehicle. The term nonroad engine has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ).
The term nonroad equipment means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that is powered by a nonroad engine. The term nonroad vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). The term provider of financial assurance has the meaning given the term in section 280.92 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013).
The term underground storage tank system means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. No person shall be liable under any Federal, State, or local law (including common law) because an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3).
A provider of financial assurance shall not deny payment for any claim on the basis that an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). Paragraphs
(1)and
(2)apply to any underground storage tank, underground storage tank system, and associated dispensing equipment that meets any guidelines or regulations, which may be revised under subparagraph (B), issued by the Administrator and in effect on the date of enactment of the Domestic Fuels Protection Act of 2013, addressing compatibility of such tanks, systems, or equipment with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law, for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. Not later than 1 year after the date of enactment of the Domestic Fuels Protection Act of 2013, the Administrator shall issue, or if applicable revise, regulations setting standards for determining whether an underground storage tank, underground storage tank system, or associated dispensing equipment is compatible with a fuel or fuel additive described in subparagraph (A). The regulations issued under clause
(i)shall include minimum standards and processes for certification by the Administrator or by an owner, operator, or manufacturer of underground storage tanks, underground storage tank systems, or associated dispensing equipment, to ensure compatibility. Any underground storage tank, underground storage tank system, or associated dispensing equipment that, on or before the date of enactment of the Domestic Fuels Protection Act of 2013, is listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (3)(A) shall be deemed compatible with such fuel or fuel additive under the regulations issued under this subsection. Nothing in this section affects— any other requirement respecting the introduction into commerce, offering for sale, or sale of any fuel or fuel additive; any requirement under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ); or any other requirement under this subtitle. . The Solid Waste Disposal Act is amended— in section 9003(h)(12)(A) ( 42 U.S.C. 6991b(h)(12)(A) ), by striking section 9014(2)(B) and inserting section 9015(2)(B) ; in section 9004(f)(1)(A) ( 42 U.S.C. 6991c(f)(1)(A) ), by striking section 9014(2)(A) and inserting section 9015(2)(A) ; and in section 9011 ( 42 U.S.C. 6991j ), by striking section 9014(2)(D) and inserting section 9015(2)(D) . The table of contents contained in section 1001 of the Solid Waste Disposal Act ( 42 U.S.C. 6901 ) is amended by striking the item relating to section 9014 and inserting the following: Sec. 9014. Compatibility. Sec. 9015. Authorization of Appropriations. .
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Sec. 2
Fuel compatibility
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