Sec. 1504. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE
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## SEC. 1504 ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE ###
(a)Elimination ####
(1)In general Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended— #####
(A)in paragraph (2)— ######
(i)in the second sentence of subparagraph (A), by striking “(including the oxygen content requirement contained in subparagraph (B))”; ######
(ii)by striking subparagraph (B); and ######
(iii)by redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively; #####
(B)in paragraph (3)(A), by striking clause (v); and #####
(C)in paragraph (7)— ######
(i)in subparagraph (A)— ######
(I)by striking clause (i); and ######
(II)by redesignating clauses
(ii)and
(iii)as clauses
(i)and (ii), respectively; and ######
(ii)in subparagraph (C)— ######
(I)by striking clause (ii); and ######
(II)by redesignating clause
(iii)as clause (ii). ####
(2)Applicability The amendments made by paragraph
(1)apply— #####
(A)in the case of a State that has received a waiver under section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)), beginning on the date of enactment of this Act; and #####
(B)in the case of any other State, beginning 270 days after the date of enactment of this Act. ###
(b)Maintenance of Toxic Air Pollutant Emission Reductions Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is amended— ####
(1)by striking “ Within 1 year after the enactment of the Clean Air Act Amendments of 1990, ” and inserting the following: > > ##### “(A) In general > > Not later than November 15, 1991,” > ; and ####
(2)by adding at the end the following: > > ##### “(B) Maintenance of toxic air pollutant emissions reductions from reformulated gasoline > > > ###### “(i) Definition of padd > > In this subparagraph the term ‘**PADD**’ means a Petroleum Administration for Defense District. > > > ###### “(ii) Regulations concerning emissions of toxic air pollutants > > Not later than 270 days after the date of enactment of this subparagraph, the Administrator shall establish by regulation, for each refinery or importer (other than a refiner or importer in a State that has received a waiver under section 209(b) with respect to gasoline produced for use in that State), standards for toxic air pollutants from use of the reformulated gasoline produced or distributed by the refiner or importer that maintain the reduction of the average annual aggregate emissions of toxic air pollutants for reformulated gasoline produced or distributed by the refiner or importer during calendar years 2001 and 2002 (as determined on the basis of data collected by the Administrator with respect to the refiner or importer). > > > ###### “(iii) Standards applicable to specific refineries or importers > > > ###### “(I) Applicability of standards > > For any calendar year, the standards applicable to a refiner or importer under clause
(ii)shall apply to the quantity of gasoline produced or distributed by the refiner or importer in the calendar year only to the extent that the quantity is less than or equal to the average annual quantity of reformulated gasoline produced or distributed by the refiner or importer during calendar years 2001 and 2002. > > > ###### “(II) Applicability of other standards > > For any calendar year, the quantity of gasoline produced or distributed by a refiner or importer that is in excess of the quantity subject to subclause
(I)shall be subject to standards for emissions of toxic air pollutants promulgated under subparagraph
(A)and paragraph (3)(B). > > > ###### “(iv) Credit program > > The Administrator shall provide for the granting and use of credits for emissions of toxic air pollutants in the same manner as provided in paragraph (7). > > > ###### “(v) Regional protection of toxics reduction baselines > > > ###### “(I) In general > > Not later than 60 days after the date of enactment of this subparagraph, and not later than April 1 of each calendar year that begins after that date of enactment, the Administrator shall publish in the Federal Register a report that specifies, with respect to the previous calendar year— > > > ###### “(aa) > > the quantity of reformulated gasoline produced that is in excess of the average annual quantity of reformulated gasoline produced in 2001 and 2002; and > > > ###### “(bb) > > the reduction of the average annual aggregate emissions of toxic air pollutants in each PADD, based on retail survey data or data from other appropriate sources. > > > ###### “(II) Effect of failure to maintain aggregate toxics reductions > > If, in any calendar year, the reduction of the average annual aggregate emissions of toxic air pollutants in a PADD fails to meet or exceed the reduction of the average annual aggregate emissions of toxic air pollutants in the PADD in calendar years 2001 and 2002, the Administrator, not later than 90 days after the date of publication of the report for the calendar year under subclause (I), shall— > > > ###### “(aa) > > identify, to the maximum extent practicable, the reasons for the failure, including the sources, volumes, and characteristics of reformulated gasoline that contributed to the failure; and > > > ###### “(bb) > > promulgate revisions to the regulations promulgated under clause (ii), to take effect not earlier than 180 days but not later than 270 days after the date of promulgation, to provide that, notwithstanding clause (iii)(II), all reformulated gasoline produced or distributed at each refiner or importer shall meet the standards applicable under clause (iii)(I) beginning not later than April 1 of the calendar year following publication of the report under subclause
(I)and in each calendar year thereafter. > > > ###### “(vi) > > Not later than July 1, 2007, the Administrator shall promulgate final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels, as provided for in section 80.1045 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph), and as authorized under section 202(1) of the Clean Air Act. If the Administrator promulgates by such date, final regulations to control hazardous air pollutants from motor vehicles and motor vehicle fuels that achieve and maintain greater overall reductions in emissions of air toxics from reformulated gasoline than the reductions that would be achieved under section 211(k)(1)(B) of the Clean Air Act as amended by this clause, then sections 211(k)(1)(B)(i) through 211(k)(1)(B)(v) shall be null and void and regulations promulgated thereunder shall be rescinded and have no further effect.” > . ###
(c)Consolidation in Reformulated Gasoline Regulations Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the reformulated gasoline regulations under subpart D of part 80 of title 40, Code of Federal Regulations, to consolidate the regulations applicable to VOC-Control Regions 1 and 2 under section 80.41 of that title by eliminating the less stringent requirements applicable to gasoline designated for VOC-Control Region 2 and instead applying the more stringent requirements applicable to gasoline designated for VOC-Control Region 1. ###
(d)Savings Clause ####
(1)In general Nothing in this section or any amendment made by this section affects or prejudices any legal claim or action with respect to regulations promulgated by the Administrator before the date of enactment of this Act regarding— #####
(A)emissions of toxic air pollutants from motor vehicles; or #####
(B)the adjustment of standards applicable to a specific refinery or importer made under those regulations. ####
(2)Adjustment of standards #####
(A)Applicability The Administrator may apply any adjustments to the standards applicable to a refinery or importer under subparagraph (B)(iii)(I) of section 211(k)(1) of the Clean Air Act (as added by subsection (b)(2)), except that— ######
(i)the Administrator shall revise the adjustments to be based only on calendar years 1999 and 2000; ######
(ii)any such adjustment shall not be made at a level below the average percentage of reductions of emissions of toxic air pollutants for reformulated gasoline supplied to PADD I during calendar years 1999 and 2000; and ######
(iii)in the case of an adjustment based on toxic air pollutant emissions from reformulated gasoline significantly below the national annual average emissions of toxic air pollutants from all reformulated gasoline— ######
(I)the Administrator may revise the adjustment to take account of the scope of the prohibition on methyl tertiary butyl ether imposed by a State; and ######
(II)any such adjustment shall require the refiner or importer, to the maximum extent practicable, to maintain the reduction achieved during calendar years 1999 and 2000 in the average annual aggregate emissions of toxic air pollutants from reformulated gasoline produced or distributed by the refiner or importer.
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Sec. 1504
ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED GASOLINE
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