42 USC 7545 - Regulation of fuels

1 So in original. Probably should be “the”.

Administrator;

2 So in original. Par. (1) does not contain a cl. (A).

if emission products of such fuel or fuel additive will impair to a significant degree the performance of any emission control device or system which is in general use, or which the Administrator finds has been developed to a point where in a reasonable time it would be in general use were such regulation to be promulgated.

3 So in original. Two cls. (v) have been enacted.

Nothing in this subparagraph shall—

4 So in original. Probably should be section “7625–1”.

of this title. The Administrator shall take final action on any petition filed under section 7625 

5 So in original. See References in Text note below.

of this title. 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 subsection (k)(1)(B) as amended by this clause, then subsections (k)(1)(B)(i) through (k)(1)(B)(v) shall be null and void and regulations promulgated thereunder shall be rescinded and have no further effect.

6 So in original. Probably should be “properly”.

segregated and marked conventional gasoline, and thereafter labels, represents, or wholesales such gasoline as reformulated gasoline shall also be in violation of this subsection. The Administrator may impose sampling, testing, and recordkeeping requirements upon any refiner, blender, importer, or marketer to prevent violations of this section.

7 So in original. Probably should be “as of”.

8 So in original. Probably should be section “7550(2)”.

of this title) any gasoline which contains lead or lead additives.

9 So in original. The word “and” probably should appear.

sulfur hexafluoride. The Administrator may include any other anthropogenically-emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming.

10 So in original. Probably should be “non-Federal”.

land cleared at any time prior to

11 So in original. Subsection (a) does not contain a par. (2).

on each individual and entity described in paragraph (2).

12 So in original. No subsec. (p) has been enacted.

Analyses of motor vehicle fuel changes and emissions model

13 See References in Text note below.

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—

Editorial Notes

References in Text

August 8, 2005, referred to in subsec. (c)(4)(C)(v)(II), was in the original “enactment”, which was translated as meaning the date of enactment of Puspan. L. 109–58, which enacted subsec. (c)(4)(C)(v), to reflect the probable intent of Congress.

Section 7521(l) of this title, referred to in subsec. (k)(1)(B)(vi), was in the original “section 202(1) of the Clean Air Act”, which was translated as meaning section 202(l) of the Clean Air Act, to reflect the probable intent of Congress.

The Energy Policy Act of 2005, referred to in subsec. (q)(1)(A), is Puspan. L. 109–58, Aug. 8, 2005, 119 Stat. 594. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.

Executive Order 13134, referred to in subsec. (s)(4)(B), which was set out as a note under section 8601 of Title 7, Agriculture, was revoked by Ex. Ord. No. 13423, § 11(a)(iii), Jan. 24, 2007, 72 F.R. 3923.

This part, referred to in subsec. (t)(1), was in the original “this subtitle” which was translated as “this part”, meaning part A of title II of act July 14, 1955, as the probable intent of Congress, because title II of act July 14, 1955, does not contain subtitles.

Codification

Section was formerly classified to section 1857f–6c of this title.

Prior Provisions

A prior section 211 of act July 14, 1955, as added Nov. 21, 1967, Puspan. L. 90–148, § 2, 81 Stat. 503, provided for a national emissions standards study and was classified to section 1857f–6d of this title, prior to repeal by section 8(a) of Puspan. L. 91–604.

Amendments

2007—Subsec. (c)(1). Puspan. L. 110–140, § 208, substituted “nonroad vehicle if, in the judgment of the Administrator, any fuel or fuel additive or” for “nonroad vehicle (A) if in the judgment of the Administrator” and “air pollution or water pollution (including any degradation in the quality of groundwater) that” for “air pollution which”.

Subsec. (f)(4). Puspan. L. 110–140, § 251, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Administrator, upon application of any manufacturer of any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection or the limitation specified in paragraph (2) of this subsection, if he determines that the applicant has established that such fuel or fuel additive or a specified concentration thereof, and the emission products of such fuel or additive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified pursuant to section 7525 of this title. If the Administrator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver authorized by this paragraph shall be treated as granted.”

Subsec. (o)(1). Puspan. L. 110–140, § 201, amended par. (1) generally. Prior to amendment, par. (1) defined “cellulosic biomass ethanol”, “waste derived ethanol”, “renewable fuel”, and “small refinery”.

Subsec. (o)(2)(A)(i). Puspan. L. 110–140, § 202(a)(1), inserted at end “Not later than 1 year after December 19, 2007, the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains at least the applicable volume of renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel, determined in accordance with subparagraph (B) and, in the case of any such renewable fuel produced from new facilities that commence construction after December 19, 2007, achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions.”

Subsec. (o)(2)(B). Puspan. L. 110–140, § 202(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set forth table of applicable volumes for renewable fuel and related to determination of applicable volumes after the years addressed by the table, including the minimum quantity of renewable fuel to be derived from cellulosic biomass and the method of calculating the minimum applicable volume.

Subsec. (o)(3)(A). Puspan. L. 110–140, § 202(span)(1), (2), substituted “2021” for “2011” and “transportation fuel, biomass-based diesel, and cellulosic biofuel” for “gasoline”.

Subsec. (o)(3)(B)(i). Puspan. L. 110–140, § 202(span)(3), substituted “2021” for “2012”.

Subsec. (o)(3)(B)(ii)(II). Puspan. L. 110–140, § 202(span)(4), substituted “transportation fuel” for “gasoline”.

Subsec. (o)(4). Puspan. L. 110–140, § 202(c), amended par. (4) generally. Prior to amendment, text read as follows: “For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.”

Subsec. (o)(5)(E). Puspan. L. 110–140, § 202(d), added subpar. (E).

Subsec. (o)(7)(A). Puspan. L. 110–140, § 202(e)(1), inserted “, by any person subject to the requirements of this subsection, or by the Administrator on his own motion” after “one or more States” in introductory provisions.

Subsec. (o)(7)(B). Puspan. L. 110–140, § 202(e)(1), struck out “State” before “petition for a waiver”.

Subsec. (o)(7)(D) to (F). Puspan. L. 110–140, § 202(e)(2), (3), added subpars. (D) to (F).

Subsec. (o)(11). Puspan. L. 110–140, § 203(f), added par. (11).

Subsec. (o)(12). Puspan. L. 110–140, § 210(span), added par. (12).

Subsecs. (r), (s). Puspan. L. 110–140, § 247, redesignated subsecs. (r), relating to conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels, and (s) as (s) and (t), respectively.

Subsec. (u). Puspan. L. 110–140, § 247, which directed amendment of this section by adding subsec. (u) at the end, was executed by adding subsec. (u) after subsec. (t) to reflect the probable intent of Congress.

Subsec. (v). Puspan. L. 110–140, § 209, added subsec. (v).

2005—Subsec. (span)(2). Puspan. L. 109–58, § 1505(1)(A), substituted “shall, on a regular basis,” for “may also” in introductory provisions.

Subsec. (span)(2)(A). Puspan. L. 109–58, § 1505(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “to conduct tests to determine potential public health effects of such fuel or additive (including, but not limited to, carcinogenic, teratogenic, or mutagenic effects), and”.

Subsec. (span)(4). Puspan. L. 109–58, § 1505(2), added par. (4).

Subsec. (c)(4)(C). Puspan. L. 109–58, § 1541(a), designated existing provisions as cl. (i) and added cls. (ii) to (iv) and (v) relating to waiver authority.

Subsec. (c)(4)(C)(v). Puspan. L. 109–58, § 1541(span), added cl. (v) relating to approval of fuels.

Subsec. (d)(1). Puspan. L. 109–58, § 1501(span)(1), substituted “(n), or (o)” for “or (n)” in two places in first sentence and “(m), or (o)” for “or (m)” in second sentence.

Subsec. (d)(2). Puspan. L. 109–58, § 1501(span)(2), substituted “(n), and (o)” for “and (n)” in two places in first sentence.

Subsec. (h)(5), (6). Puspan. L. 109–58, § 1501(c), added par. (5) and redesignated former par. (5) as (6).

Subsec. (k)(1). Puspan. L. 109–58, § 1504(span), designated existing provisions as subpar. (A), inserted span, substituted “Not later than November 15, 1991,” for “Within 1 year after November 15, 1990,”, and added subpar. (B).

Subsec. (k)(2)(A). Puspan. L. 109–58, § 1504(a)(1)(A)(i), struck out “(including the oxygen span requirement contained in subparagraph (B))” after “requirements of this paragraph”.

Subsec. (k)(2)(B) to (D). Puspan. L. 109–58, § 1504(a)(1)(A)(ii), (iii), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out span and text of former subpar. (B). Text read as follows: “The oxygen span of the gasoline shall equal or exceed 2.0 percent by weight (subject to a testing tolerance established by the Administrator) except as otherwise required by this chapter. The Administrator may waive, in whole or in part, the application of this subparagraph for any ozone nonattainment area upon a determination by the Administrator that compliance with such requirement would prevent or interfere with the attainment by the area of a national primary ambient air quality standard.”

Subsec. (k)(3)(A)(v). Puspan. L. 109–58, § 1504(a)(1)(B), struck out span and text of cl. (v). Text read as follows: “The oxygen span of the reformulated gasoline shall equal or exceed 2.0 percent by weight (subject to a testing tolerance established by the Administrator) except as otherwise required by this chapter.”

Subsec. (k)(6). Puspan. L. 109–58, § 1507, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), inserted subpar. and cl. headings, in cl. (ii) substituted “clause (i)” for “subparagraph (A)” and “this subparagraph” for “this paragraph”, and added subpar. (B).

Subsec. (k)(7)(A). Puspan. L. 109–58, § 1504(a)(1)(C)(i), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: “has an oxygen span (by weight) that exceeds the minimum oxygen span specified in paragraph (2);”.

Subsec. (k)(7)(C)(ii), (iii). Puspan. L. 109–58, § 1504(a)(1)(C)(ii), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “An average gasoline oxygen span (by weight) for the nonattainment area (taking into account all gasoline sold for use in conventional gasoline-fueled vehicles in the nonattainment area) lower than the average gasoline oxygen span (by weight) that would occur in the absence of using any such credits.”

Subsec. (o). Puspan. L. 109–58, § 1501(a)(2), added subsec. (o). Former subsec. (o) redesignated (r) relating to fuel and fuel additive importers and importation.

Subsec. (q). Puspan. L. 109–58, § 1506, which directed amendment of this section by adding subsec. (q) after subsec. (p), was executed by making the addition after subsec. (o) to reflect the probable intent of Congress.

Subsec. (r). Puspan. L. 109–58, § 1512, added subsec. (r) relating to conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels.

Puspan. L. 109–58, § 1501(a)(1), redesignated subsec. (o) as (r) relating to fuel and fuel additive importers and importation.

Subsec. (s). Puspan. L. 109–58, § 1513, added subsec. (s).

1990—Subsec. (a). Puspan. L. 101–549, § 212, inserted “(including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles)” after “fuel or fuel additive”.

Subsecs. (span)(2)(B), (c)(1). Puspan. L. 101–549, § 212(span), (c), inserted reference to nonroad engine or nonroad vehicle.

Subsec. (c)(4)(A). Puspan. L. 101–549, § 213(a), substituted “any characteristic or component of a” for “use of a”, inserted “of the characteristic or component of a fuel or fuel additive” after “control or prohibition” in cl. (i), and inserted “characteristic or component of a” after “such” in cl. (ii).

Subsec. (c)(4)(C). Puspan. L. 101–549, § 213(span), inserted last two sentences, authorizing Administrator to make a finding that State control or prohibition is necessary to achieve the standard.

Subsec. (d). Puspan. L. 101–549, § 228(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any person who violates subsection (a) or (f) or the regulations prescribed under subsection (c) or who fails to furnish any information required by the Administrator under subsection (span) shall forfeit and pay to the United States a civil penalty of $10,000 for each and every day of the continuance of such violation, which shall accrue to the United States and be recovered in a civil suit in the name of the United States, brought in the district where such person has his principal office or in any district in which he does business. The Administrator may, upon application therefor, remit or mitigate any forfeiture provided for in this subsection and he shall have authority to determine the facts upon all such applications.”

Subsec. (f)(1). Puspan. L. 101–549, § 214(a), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(3). Puspan. L. 101–549, § 214(span), substituted reference to paragraph (1)(A) for reference to paragraph (1).

Subsec. (g). Puspan. L. 101–549, § 215, amended subsec. (g) generally, substituting present provisions for provisions which defined “gasoline”, “refinery”, and “small refinery” and which limited Administrator’s authority to require small refineries to reduce average lead span per gallon of gasoline.

Subsec. (h). Puspan. L. 101–549, § 216, added subsec. (h).

Subsec. (i). Puspan. L. 101–549, § 217, added subsec. (i).

Subsec. (j). Puspan. L. 101–549, § 218(a), added subsec. (j).

Subsecs. (k) to (m). Puspan. L. 101–549, § 219, added subsecs. (k) to (m).

Subsec. (n). Puspan. L. 101–549, § 220, added subsec. (n).

Subsec. (o). Puspan. L. 101–549, § 221, added subsec. (o).

1977—Subsec. (c)(1)(A). Puspan. L. 95–95, § 401(e), substituted “if in the judgment of the Administrator any emission product of such fuel or fuel additive causes, or contributes, to air pollution which may reasonably be anticipated to endanger” for “if any emission products of such fuel or fuel additive will endanger”.

Subsec. (d). Puspan. L. 95–95, § 222(span), inserted “or (f)” after “Any person who violates subsection (a)”.

Subsecs. (e), (f). Puspan. L. 95–95, § 222(a), added subsecs. (e) and (f).

Subsec. (f)(2). Puspan. L. 95–190, § 14(a)(73), inserted provision relating to waiver under par. (4) of this subsec., and struck out “first” before “introduce”.

Subsec. (f)(4). Puspan. L. 95–190, § 14(a)(74), inserted provision relating to applicability of limitation specified under par. (2) of this subsection.

Subsec. (g). Puspan. L. 95–95, § 223, added subsec. (g).

1971—Subsec. (c)(3)(A). Puspan. L. 92–157, § 302(d), substituted “purpose of obtaining” for “purpose of”.

Subsec. (d). Puspan. L. 92–157, § 302(e), substituted “subsection (span)” for “subsection (c)” where appearing the second time.

1970—Subsec. (a). Puspan. L. 91–604, § 9(a), substituted “Administrator” for “Secretary” as the registering authority, inserted references to fuel additives, and substituted the selling, offering for sale, and introduction into commerce of fuel or fuel additives, for the delivery for introduction into interstate commerce or delivery to another person who can reasonably be expected to deliver fuel into interstate commerce.

Subsec. (span). Puspan. L. 91–604, § 9(a), designated existing provisions as pars. (1) and (3), added par. (2), and substituted “Administrator” for “Secretary” wherever appearing.

Subsec. (c). Puspan. L. 91–604, § 9(a), substituted provisions covering the control or prohibition of offending fuels and fuel additives, for provisions covering trade secrets and substituted “Administrator” for “Secretary” wherever appearing.

Subsec. (d). Puspan. L. 91–604, § 9(a), inserted references to failure to obey regulations prescribed under subsec. (c) and failure to furnish information required by the Administrator under subsec. (c), increased the daily civil penalty from $1,000 to $10,000 and substituted “Administrator” for “Secretary”.

Subsec. (e). Puspan. L. 91–604, § 9(a), struck out subsec. (e) which directed the various United States Attorneys to prosecute for the recovery of forfeitures.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Puspan. L. 110–140, title II, § 210(c), Dec. 19, 2007, 121 Stat. 1532, provided that: “The amendments made by this title to section 211(o) of the Clean Air Act [42 U.S.C. 7545(o)] shall take effect January 1, 2009, except that the Administrator [of the Environmental Protection Agency] shall promulgate regulations to carry out such amendments not later than 1 year after the enactment of this Act [Dec. 19, 2007].”

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Effective Date of 2005 Amendment

Puspan. L. 109–58, title XV, § 1504(a)(2), Aug. 8, 2005, 119 Stat. 1077, provided that: “The amendments made by paragraph (1) [amending this section] apply—

“(A) in the case of a State that has received a waiver under section 209(span) of the Clean Air Act (42 U.S.C. 7543(span)), beginning on the date of enactment of this Act [Aug. 8, 2005]; and

“(B) in the case of any other State, beginning 270 days after the date of enactment of this Act [Aug. 8, 2005].”

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Puspan. L. 95–95, set out as a note under section 7401 of this title.

Savings

Puspan. L. 109–58, title XV, § 1504(d), Aug. 8, 2005, 119 Stat. 1079, provided that:

“(1)In general.—Nothing in this section [amending this section and enacting provisions set out as notes under 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 [of the Environmental Protection Agency] before the date of enactment of this Act [Aug. 8, 2005] 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 [42 U.S.C. 7545(k)(1)(B)(iii)(I)] (as added by subsection (span)(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.”

Environmental and Resource Conservation Impacts

Puspan. L. 110–140, title II, § 204, Dec. 19, 2007, 121 Stat. 1529, provided that:

“(a)In General.—Not later than 3 years after the enactment of this section [Dec. 19, 2007] and every 3 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall assess and report to Congress on the impacts to date and likely future impacts of the requirements of section 211(o) of the Clean Air Act [42 U.S.C. 7545(o)] on the following:

“(1) Environmental issues, including air quality, effects on hypoxia, pesticides, sediment, nutrient and pathogen levels in waters, acreage and function of waters, and soil environmental quality.

“(2) Resource conservation issues, including soil conservation, water availability, and ecosystem health and biodiversity, including impacts on forests, grasslands, and wetlands.

“(3) The growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture.

In advance of preparing the report required by this subsection, the Administrator may seek the views of the National Academy of Sciences or another appropriate independent research institute. The report shall include the annual volume of imported renewable fuels and feedstocks for renewable fuels, and the environmental impacts outside the United States of producing such fuels and feedstocks. The report required by this subsection shall include recommendations for actions to address any adverse impacts found.

“(span)Effect on Air Quality and Other Environmental Requirements.—Except as provided in section 211(o)(12) of the Clean Air Act [42 U.S.C. 7545(o)(12)], nothing in the amendments made by this title to section 211(o) of the Clean Air Act shall be construed as superseding, or limiting, any more environmentally protective requirement under the Clean Air Act [42 U.S.C. 7401 et seq.], or under any other provision of State or Federal law or regulation, including any environmental law or regulation.”

Transition Rules

Puspan. L. 110–140, title II, § 210(a), Dec. 19, 2007, 121 Stat. 1532, provided that:

“(1) For calendar year 2008, transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), that is produced from facilities that commence construction after the date of enactment of this Act [Dec. 19, 2007] shall be treated as renewable fuel within the meaning of section 211(o) of the Clean Air Act [42 U.S.C. 7545(o)] only if it achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, any ethanol plant that is fired with natural gas, biomass, or any combination thereof is deemed to be in compliance with such 20 percent reduction requirement and with the 20 percent reduction requirement of section 211(o)(1) of the Clean Air Act. The terms used in this subsection shall have the same meaning as provided in the amendment made by this Act to section 211(o) of the Clean Air Act.

“(2) Until January 1, 2009, the Administrator of the Environmental Protection Agency shall implement section 211(o) of the Clean Air Act and the rules promulgated under that section in accordance with the provisions of that section as in effect before the enactment of this Act and in accordance with the rules promulgated before the enactment of this Act, except that for calendar year 2008, the number ‘9.0’ shall be substituted for the number ‘5.4’ in the table in section 211(o)(2)(B) and in the corresponding rules promulgated to carry out those provisions. The Administrator is authorized to take such other actions as may be necessary to carry out this paragraph notwithstanding any other provision of law.”

Survey of Renewable Fuel Market

Puspan. L. 109–58, title XV, § 1501(d), Aug. 8, 2005, 119 Stat. 1075, provided that:

“(1)Survey and report.—Not later than December 1, 2006, and annually thereafter, the Administrator of the Environmental Protection Agency (in consultation with the Secretary [of Energy] acting through the Administrator of the Energy Information Administration) shall—

“(A) conduct, with respect to each conventional gasoline use area and each reformulated gasoline use area in each State, a survey to determine the market shares of—

“(i) conventional gasoline containing ethanol;

“(ii) reformulated gasoline containing ethanol;

“(iii) conventional gasoline containing renewable fuel; and

“(iv) reformulated gasoline containing renewable fuel; and

“(B) submit to Congress, and make publicly available, a report on the results of the survey under subparagraph (A).

“(2)Recordkeeping and reporting requirements.—The Administrator of the Environmental Protection Agency (hereinafter in this subsection referred to as the ‘Administrator’) may require any refiner, blender, or importer to keep such records and make such reports as are necessary to ensure that the survey conducted under paragraph (1) is accurate. The Administrator, to avoid duplicative requirements, shall rely, to the extent practicable, on existing reporting and recordkeeping requirements and other information available to the Administrator including gasoline distribution patterns that include multistate use areas.

“(3)Applicable law.—Activities carried out under this subsection shall be conducted in a manner designed to protect confidentiality of individual responses.”

Findings

Puspan. L. 109–58, title XV, § 1502, Aug. 8, 2005, 119 Stat. 1076, provided that: “Congress finds that—

“(1) since 1979, methyl tertiary butyl ether (hereinafter in this section referred to as ‘MTBE’) has been used nationwide at low levels in gasoline to replace lead as an octane booster or anti-knocking agent;

“(2)Public Law 101–549 (commonly known as the ‘Clean Air Act Amendments of 1990’) (42 U.S.C. 7401 et seq.) [see Tables for classification] established a fuel oxygenate standard under which reformulated gasoline must contain at least 2 percent oxygen by weight; and

“(3) the fuel industry responded to the fuel oxygenate standard established by Public Law 101–549 by making substantial investments in—

“(A) MTBE production capacity; and

“(B) systems to deliver MTBE-containing gasoline to the marketplace.”

Claims Filed After August 8, 2005

Puspan. L. 109–58, title XV, § 1503, Aug. 8, 2005, 119 Stat. 1076, provided that: “Claims and legal actions filed after the date of enactment of this Act [Aug. 8, 2005] related to allegations involving actual or threatened contamination of methyl tertiary butyl ether (MTBE) may be removed to the appropriate United States district court.”

Findings and Sense of Congress on Ethanol Usage

Puspan. L. 100–203, title I, § 1508, Dec. 22, 1987, 101 Stat. 1330–29, provided that:

“(a)Findings.—Congress finds that—

“(1) the United States is dependent for a large and growing share of its energy needs on the Middle East at a time when world petroleum reserves are declining;

“(2) the burning of gasoline causes pollution;

“(3) ethanol can be blended with gasoline to produce a cleaner source of fuel;

“(4) ethanol can be produced from grain, a renewable resource that is in considerable surplus in the United States;

“(5) the conversion of grain into ethanol would reduce farm program costs and grain surpluses; and

“(6) increasing the quantity of motor fuels that contain at least 10 percent ethanol from current levels to 50 percent by 1992 would create thousands of new jobs in ethanol production facilities.

“(span)Sense of Congress.—It is the sense of Congress that the Administrator of the Environmental Protection Agency should use authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.) to require greater use of ethanol as motor fuel.”

Agricultural Machinery: Study of Unleaded Fuel

Puspan. L. 99–198, title XVII, § 1765, Dec. 23, 1985, 99 Stat. 1653, directed Administrator of EPA and Secretary of Agriculture jointly to conduct a study of use of fuel containing lead additives, and alternative lubricating additives, in gasoline engines that are used in agricultural machinery, and designed to combust fuel containing such additives, study to analyze potential for mechanical problems (including but not limited to valve recession) that may be associated with use of other fuels in such engines, and not later than Jan. 1, 1987, Administrator and Secretary to publish results of the study, with Administrator to publish in Federal Register notice of publication of such study and a summary thereof; directed Administrator, after notice and opportunity for hearing, but not later than 6 months after publication of the study, to make findings and recommendations on need for lead additives in gasoline to be used on a farm for farming purposes, including a determination of whether a modification of regulations limiting lead span of gasoline would be appropriate in the case of gasoline used on a farm for farming purposes, and submit to President and Congress a report containing the study, a summary of comments received during public hearing (including comments of Secretary), and findings and recommendations of Administrator made in accordance with clause (1), such report to be transmitted named congressional committees; directed Administrator between Jan. 1, 1986, and Dec. 31, 1987, to monitor actual lead span of leaded gasoline sold in the United States, with Administrator to determine average lead span of such gasoline for each 3-month period between Jan. 1, 1986, and Dec. 31, 1987, and if actual lead span falls below an average of 0.2 of a gram of lead per gallon in any such 3-month period, to report to Congress, and publish a notice thereof in Federal Register; provided that until Jan. 1, 1988, no regulation of Administrator issued under this section 211 could require an average lead span per gallon that is less than 0.1 of a gram per gallon; and authorized an appropriation.

Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Puspan. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Puspan. L. 95–95 [this chapter], see section 406(span) of Puspan. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.