Sec. 1513. BLENDING OF COMPLIANT REFORMULATED GASOLINES
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## SEC. 1513 BLENDING OF COMPLIANT REFORMULATED GASOLINES Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following: > > ### “(s) Blending of Compliant Reformulated Gasolines > > > #### “(1) In general > > Notwithstanding subsections
(h)and
(k)and subject to the limitations in paragraph
(2)of this subsection, it shall not be a violation of this subtitle for a gasoline retailer, during any month of the year, to blend at a retail location batches of ethanol-blended and non-ethanol-blended reformulated gasoline, provided that— > > > ##### “(A) > > each batch of gasoline to be blended has been individually certified as in compliance with subsections
(h)and
(k)prior to being blended; > > > ##### “(B) > > the retailer notifies the Administrator prior to such blending, and identifies the exact location of the retail station and the specific tank in which such blending will take place; > > > ##### “(C) > > the retailer retains and, as requested by the Administrator or the Administrator's designee, makes available for inspection such certifications accounting for all gasoline at the retail outlet; and > > > ##### “(D) > > the retailer does not, between June 1 and September 15 of each year, blend a batch of VOC-controlled, or ‘summer’, gasoline with a batch of non-VOC-controlled, or ‘winter’, gasoline (as these terms are defined under subsections
(h)and (k)). > > > #### “(2) Limitations > > > ##### “(A) Frequency limitation > > A retailer shall only be permitted to blend batches of compliant reformulated gasoline under this subsection a maximum of two blending periods between May 1 and September 15 of each calendar year. > > > ##### “(B) Duration of blending period > > Each blending period authorized under subparagraph
(A)shall extend for a period of no more than 10 consecutive calendar days. > > > #### “(3) Surveys > > A sample of gasoline taken from a retail location that has blended gasoline within the past 30 days and is in compliance with subparagraphs (A), (B), (C), and
(D)of paragraph
(1)shall not be used in a VOC survey mandated by 40 CFR Part 80. > > > #### “(4) State implementation plans > > A State shall be held harmless and shall not be required to revise its State implementation plan under section 110 to account for the emissions from blended gasoline authorized under paragraph (1). > > > #### “(5) Preservation of state law > > Nothing in this subsection shall— > > > ##### “(A) > > preempt existing State laws or regulations regulating the blending of compliant gasolines; or > > > ##### “(B) > > prohibit a State from adopting such restrictions in the future. > > > #### “(6) Regulations > > The Administrator shall promulgate, after notice and comment, regulations implementing this subsection within 1 year after the date of enactment of this subsection. > > > #### “(7) Effective date > > This subsection shall become effective 15 months after the date of its enactment and shall apply to blended batches of reformulated gasoline on or after that date, regardless of whether the implementing regulations required by paragraph
(6)have been promulgated by the Administrator by that date. > > > #### “(8) Liability > > No person other than the person responsible for blending under this subsection shall be subject to an enforcement action or penalties under subsection
(d)solely arising from the blending of compliant reformulated gasolines by the retailers. > > > #### “(9) Formulation of gasoline > > This subsection does not grant authority to the Administrator or any State (or any subdivision thereof) to require reformulation of gasoline at the refinery to adjust for potential or actual emissions increases due to the blending authorized by this subsection.” > .
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