Sec. 3. Misfueling
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Section 211(g) of the Clean Air Act ( 42 U.S.C. 7545(g) ) is amended by adding at the end the following: Except as provided in clause (ii), no person shall be liable under any provision of this Act or any Federal, State, or local law, including common law, if— a self-service purchaser introduces any transportation fuel into any motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad equipment for which the fuel has not been approved under subsection (f); or the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment. Clause
(i)shall not apply to— a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the Administrator under section 80.1501 of title 40, Code of Federal Regulations (or successor regulations); or a person who intentionally misfuels. In this paragraph: 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 transportation fuel means any fuel that contains a fuel or a fuel additive, or a blend of a fuel and fuel additive, that is authorized after January 1, 2010, by the Administrator or under any Federal law, for use in any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. . Section 211(d) of the Clean Air Act ( 42 U.S.C. 7545(d) ) is amended— in paragraph (1), in the first sentence, by inserting (g), after or the regulations prescribed under subsection (c), ; and in paragraph (2), in the first sentence, by inserting (g), after of the regulations prescribed under subsections (c), .
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U.S. Code