Sec. 3. High-octane vehicles
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Title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ) is amended by adding at the end the following: In this part: The term automobile has the meaning given to such term in section 32901(a)(3) of title 49, United States Code. The term research octane number has the meaning given to such term in section 201 of the Petroleum Marketing Practices Act. The term manufacturer has the meaning given that term in section 216. This part applies with respect to any motor vehicle that is introduced into commerce that— is an automobile; uses gasoline for propulsion or any other operation of the motor vehicle, including the engine thereof; and is a model year 2026 or later motor vehicle.
Except as provided in subsections
(b)and (c), manufacturers producing motor vehicles described in section 261(b) shall use a test fuel consisting of gasoline and 19.4 to 20 volume percent ethanol with a minimum 95 research octane number in— emissions testing and certification under section 206(a) of this Act; and fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. As an alternative to the test fuel described in subsection (a), manufacturers producing motor vehicles described in section 261(b) may use a test fuel consisting of gasoline and 24.3 to 30 volume percent ethanol with a minimum 98 research octane number in— emissions testing and certification under section 206(a) of this Act; and fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. Notwithstanding subsections
(a)and (b), beginning in model year 2031, manufacturers of motor vehicles described in section 261(b) shall use the gasoline test fuel described in subsection
(b)in— emissions testing and certification under section 206(a) of this Act; and fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. The test fuels described in subsections
(a)and
(b)shall be produced by adding neat or denatured fuel ethanol to the gasoline criteria emissions test fuel required for use in model year 2020 and later motor vehicles. For purposes of— testing and calculation procedures under section 206(a) of this Act, the emissions of motor vehicles using the test fuels described in subsection
(a)or
(b)shall be based exclusively on actual measured emissions; and fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code, the fuel economy of motor vehicles using the test fuels described in subsection
(a)or
(b)shall be determined on an energy-equivalent basis, calculated by multiplying measured fuel economy by the ratio of— 114,086 British thermal units per gallon; divided by the volumetric energy density of the test fuel. Manufacturers of motor vehicles described in section 261(b) shall warrant to the ultimate purchaser and each subsequent purchaser that each such motor vehicle is designed— for model years 2026 through 2030— to operate with gasoline containing 10 and up to and including 25 percent ethanol by volume; and to meet the design requirements under subsection (b)(1); and for model year 2031 and later model years— to operate with gasoline containing 10 and up to and including 30 percent ethanol by volume; and to meet the design requirements under subsections
(b)and (c). The manufacturer of a motor vehicle described in section 261(b) shall design each such motor vehicle— to use gasoline with a 95 research octane number or higher; and to incorporate such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— necessary to prevent the introduction of gasoline with a research octane number that is lower than 95 into such motor vehicle; and technically and economically feasible. Any fuel retailer selling gasoline for use in a motor vehicle described in section 261(b) shall incorporate into the retailer’s dispensing equipment such devices or elements of design, including physical or other barriers, devices, or technological systems, as are determined by the Administrator to be— necessary to ensure compatibility with the motor vehicle design requirements under paragraph (1); and technically and economically feasible. Beginning in model year 2031, the manufacturer of a motor vehicle described in section 261(b) shall design each such motor vehicle— to use gasoline with a 98 research octane number or higher; and to incorporate such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— necessary to prevent the introduction of gasoline with a research octane number that is lower than 98 into such motor vehicle; and technically and economically feasible. Any fuel retailer selling gasoline for use in a model year 2031 and later motor vehicle described in section 261(b) shall incorporate into the retailer’s dispensing equipment such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— necessary to ensure compatibility with the motor vehicle design requirements under paragraph (1); and technically and economically feasible. The requirements of this subsection shall not take effect unless the Administrator determines that 98 research octane number gasoline can be made readily available nationwide and publishes notice of the determination in the Federal Register. Not later than December 31, 2029, the Administrator shall make a determination of whether 98 research octane number gasoline can be made readily available nationwide. If the Administrator fails to make such determination by the date specified in the preceding sentence, the Administrator is deemed to have determined that 98 research octane number gasoline can be made readily available nationwide. If the Administrator determines that 98 research octane number gasoline cannot be made readily available nationwide, the Administrator shall revisit such determination in the subsequent calendar year and shall continue to revisit such determination annually unless and until the Administrator determines that 98 research octane number gasoline can be made readily available nationwide. If the Administrator does not revisit such determination for any calendar year as required by the preceding sentence, the Administrator is deemed to have determined that 98 research octane number gasoline can be made readily available nationwide. Any manufacturer who violates subsection (b)(1) or (c)(1) shall be subject to a civil penalty of not more than $5,000 for each offense. Any such violation shall constitute a separate offense with respect to each motor vehicle or fuel dispenser. Any fuel retailer who violates subsection (b)(2) or (c)(2) shall be subject to a civil penalty of not more than $2,500 for each offense. Any such violation with respect to each dispensing equipment unit shall constitute a separate offense. In lieu of applying section 203(a)(3) with respect to the requirements of this part, the following shall apply: No person shall— remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263 prior to its sale and delivery to the ultimate purchaser; or knowingly remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser. No person shall manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle, where— a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263; and the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use. No person shall— remove or render inoperative any device or element of design installed pursuant to subsection (b)(2) or (c)(2) of section 263; or sell, or offer to sell, or incorporate into, any part or component intended for use with, or as part of, any dispensing equipment, where— a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection (b)(2) or (c)(2) of section 263; and the person knows or should know that such part or component is being offered for sale or incorporated for such use or put to such use. Any person who violates this section shall be subject to a civil penalty of not more than $2,500. Any such violation shall constitute a separate offense with respect to— each motor vehicle or dispensing equipment, for purposes of subsections (a)(1) and (b)(1); and each part or component, for purposes of subsections (a)(2) and (b)(2). No person shall sell motor vehicle gasoline marketed as 95 research octane number unless such gasoline has a research octane number of 95 or greater. No person shall sell motor vehicle gasoline marketed as 98 research octane number unless such gasoline has a research octane number of 98 or greater. A person, including any distributor, blender, marketer, reseller, carrier, retailer, or wholesaler shall be deemed to be in full compliance with this paragraph if it can demonstrate, through evidence deemed acceptable by the Administrator, that such person had reason to believe in good faith that the motor vehicle gasoline complied with subparagraph
(A)or (B). Effective January 1, 2025, any person that owns, leases, operates, controls, or supervises— a retail outlet at which 200,000 or more gallons of gasoline were sold during calendar year 2022 or any subsequent calendar year, shall offer for sale motor vehicle gasoline of not less than 95 research octane number at such outlet; or six or more retail outlets offering motor vehicle gasoline for sale, shall offer for sale motor vehicle gasoline of not less than 95 research octane number at not fewer than 60 percent of such retail outlets. Effective January 1, 2030, any person that owns, leases, operates, controls, or supervises— a retail outlet at which 200,000 or more gallons of gasoline were sold during calendar year 2028 or any subsequent calendar year, shall offer for sale motor vehicle gasoline of not less than 98 research octane number at such outlet; or six or more retail outlets offering motor vehicle fuel for sale, shall offer for sale motor vehicle gasoline of not less than 98 research octane number at no fewer than 60 percent of such retail outlets. Any person that violates— subsection (a)(1), (a)(2)(A)(i), or (a)(2)(B)(i) shall be subject to a civil penalty of not more than $25,000 for each day on which such violation continues; and subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) shall be subject to a civil penalty of not more than $2,500 per day for each retail outlet owned, leased, operated, controlled, or supervised by such person. The Administrator shall— not later than 12 months after the date of enactment of the Next Generation Fuels Act of 2021 , propose regulations to carry out this part; and not later than 24 months after such date of enactment, finalize regulations to carry out this part. A manufacturer of a motor vehicle, or a gasoline retailer, that is in compliance with the requirements of this part and the requirements of sections 203(e) and 206 of the Petroleum Marketing Practices Act, shall not be liable under any provision of this Act or any other Federal, State, or local law, including common law, for damages— to or caused by a motor vehicle described in section 261(b); and that would not have occurred but for the introduction of gasoline with a research octane number required by this part. No State or any political subdivision of a State may adopt, continue in effect, or enforce, any provision of law or regulation— requiring motor vehicles to operate using gasoline with a certain octane content, or the corresponding design of equipment for dispensing such gasoline into such motor vehicles, unless such provision of such law or regulation is the same as the corresponding provision under this part; or limiting the concentration of ethanol in motor vehicle gasoline. The provisions of subsections
(b)and
(c)of section 205 shall apply with respect to a violation of section 263 or 264 to the same extent and in the same manner as such provisions apply with respect to a violation of section 203(a)(3). .
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Sec. 3
High-octane vehicles
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