§ 7545.
(f)
New fuels and fuel additives
(1)
(A)
Effective upon
March 31, 1977, it shall be unlawful for any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for general use in light duty motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under
section 7525 of this title.
(B)
Effective upon
November 15, 1990, it shall be unlawful for any manufacturer of any fuel or fuel additive to first introduce into commerce, or to increase the concentration in use of, any fuel or fuel additive for use by any person in motor vehicles manufactured after model year 1974 which is not substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975, or subsequent model year, vehicle or engine under
section 7525 of this title.
(2)
Effective November 30, 1977, it shall be unlawful for any manufacturer of any fuel to introduce into commerce any gasoline which contains a concentration of manganese in excess of .0625 grams per gallon of fuel, except as otherwise provided pursuant to a waiver under paragraph (4).
(3)
Any manufacturer of any fuel or fuel additive which prior to
March 31, 1977, and after
January 1, 1974, first introduced into commerce or increased the concentration in use of a fuel or fuel additive that would otherwise have been prohibited under paragraph (1)(A) if introduced on or after
March 31, 1977 shall, not later than
September 15, 1978, cease to distribute such fuel or fuel additive in commerce. During the period beginning 180 days after
August 7, 1977, and before
September 15, 1978, the Administrator shall prohibit, or restrict the concentration of any fuel additive which he determines will cause or contribute to the failure of an 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 under
section 7525 of this title.
(4)
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 fuel 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 the motor vehicle, motor vehicle engine, nonroad engine or nonroad vehicle in which such device or system is used) to achieve compliance by the vehicle or engine with the emission standards with respect to which it has been certified pursuant to sections 7525 and 7547(a) of this title. The Administrator shall take final action to grant or deny an application submitted under this paragraph, after public notice and comment, within 270 days of the receipt of such an application.
(5)
No action of the Administrator under this section may be stayed by any court pending judicial review of such action.
(h)
Reid Vapor Pressure requirements
(3)
Effective date; enforcement
(4)
Ethanol waiver
For fuel blends containing gasoline and 10 percent denatured anhydrous ethanol, the Reid vapor pressure limitation under this subsection shall be one pound per square inch (psi) greater than the applicable Reid vapor pressure limitations established under paragraph (1); Provided, however, That a distributor, blender, marketer, reseller, carrier, retailer, or wholesale purchaser-consumer shall be deemed to be in full compliance with the provisions of this subsection and the regulations promulgated thereunder if it can demonstrate (by showing receipt of a certification or other evidence acceptable to the Administrator) that—
(A)
the gasoline portion of the blend complies with the Reid vapor pressure limitations promulgated pursuant to this subsection;
(B)
the ethanol portion of the blend does not exceed its waiver condition under subsection (f)(4); and
(C)
no additional alcohol or other additive has been added to increase the Reid Vapor Pressure of the ethanol portion of the blend.
(5)
Exclusion from ethanol waiver
(A)
Promulgation of regulations
(B)
Deadline for promulgation
(C)
Effective date
(i)
In general
With respect to an area in a State for which the Governor submits a notification under subparagraph (A), the regulations under that subparagraph shall take effect on the later of—
(I)
the first day of the first high ozone season for the area that begins after the date of receipt of the notification; or
(II)
1 year after the date of receipt of the notification.
(ii)
Extension of effective date based on determination of insufficient supply
(I)
In general
If, after receipt of a notification with respect to an area from a Governor of a State under subparagraph (A), the Administrator determines, on the Administrator’s own motion or on petition of any person and after consultation with the Secretary of Energy, that the promulgation of regulations described in subparagraph (A) would result in an insufficient supply of gasoline in the State, the Administrator, by regulation—
(aa)
shall extend the effective date of the regulations under clause (i) with respect to the area for not more than 1 year; and
(bb)
may renew the extension under item (aa) for two additional periods, each of which shall not exceed 1 year.
(II)
Deadline for action on petitions
(i)
Sulfur content requirements for diesel fuel
(1)
Effective October 1, 1993, no person shall manufacture, sell, supply, offer for sale or supply, dispense, transport, or introduce into commerce motor vehicle diesel fuel which contains a concentration of sulfur in excess of 0.05 percent (by weight) or which fails to meet a cetane index minimum of 40.
(2)
Not later than 12 months after November 15, 1990, the Administrator shall promulgate regulations to implement and enforce the requirements of paragraph (1). The Administrator may require manufacturers and importers of diesel fuel not intended for use in motor vehicles to dye such fuel in a particular manner in order to segregate it from motor vehicle diesel fuel. The Administrator may establish an equivalent alternative aromatic level to the cetane index specification in paragraph (1).
(3)
The sulfur content of fuel required to be used in the certification of 1991 through 1993 model year heavy-duty diesel vehicles and engines shall be 0.10 percent (by weight). The sulfur content and cetane index minimum of fuel required to be used in the certification of 1994 and later model year heavy-duty diesel vehicles and engines shall comply with the regulations promulgated under paragraph (2).
(4)
The States of Alaska and Hawaii may be exempted from the requirements of this subsection in the same manner as provided in section 7625
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 of this title or this paragraph for an exemption from the requirements of this subsection, within 12 months from the date of the petition.
(j)
Lead substitute gasoline additives
(1)
After November 15, 1990, any person proposing to register any gasoline additive under subsection (a) or to use any previously registered additive as a lead substitute may also elect to register the additive as a lead substitute gasoline additive for reducing valve seat wear by providing the Administrator with such relevant information regarding product identity and composition as the Administrator deems necessary for carrying out the responsibilities of paragraph (2) of this subsection (in addition to other information which may be required under subsection (b)).
(2)
In addition to the other testing which may be required under subsection (b), in the case of the lead substitute gasoline additives referred to in paragraph (1), the Administrator shall develop and publish a test procedure to determine the additives’ effectiveness in reducing valve seat wear and the additives’ tendencies to produce engine deposits and other adverse side effects. The test procedures shall be developed in cooperation with the Secretary of Agriculture and with the input of additive manufacturers, engine and engine components manufacturers, and other interested persons. The Administrator shall enter into arrangements with an independent laboratory to conduct tests of each additive using the test procedures developed and published pursuant to this paragraph. The Administrator shall publish the results of the tests by company and additive name in the Federal Register along with, for comparison purposes, the results of applying the same test procedures to gasoline containing 0.1 gram of lead per gallon in lieu of the lead substitute gasoline additive. The Administrator shall not rank or otherwise rate the lead substitute additives. Test procedures shall be established within 1 year after November 15, 1990. Additives shall be tested within 18 months of November 15, 1990, or 6 months after the lead substitute additives are identified to the Administrator, whichever is later.
(3)
The Administrator may impose a user fee to recover the costs of testing of any fuel additive referred to in this subsection. The fee shall be paid by the person proposing to register the fuel additive concerned. Such fee shall not exceed $20,000 for a single fuel additive.
(4)
There are authorized to be appropriated to the Administrator not more than $1,000,000 for the second full fiscal year after November 15, 1990, to establish test procedures and conduct engine tests as provided in this subsection. Not more than $500,000 per year is authorized to be appropriated for each of the 5 subsequent fiscal years.
(5)
Any fees collected under this subsection shall be deposited in a special fund in the United States Treasury for licensing and other services which thereafter shall be available for appropriation, to remain available until expended, to carry out the Agency’s activities for which the fees were collected.
(k)
Reformulated gasoline for conventional vehicles
(1)
EPA regulations
(B)
Maintenance of toxic air pollutant emissions reductions from reformulated gasoline
(ii)
Regulations concerning emissions of toxic air pollutants
(iii)
Standards applicable to specific refineries or importers
(I)
Applicability of standards
(II)
Applicability of other standards
(v)
Regional protection of toxics reduction baselines
(I)
In general
Not later than 60 days after August 8, 2005, and not later than April 1 of each calendar year that begins after August 8, 2005, 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
August 8, 2005), and as authorized under section 7521(
l)
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.
(2)
General requirements
The regulations referred to in paragraph (1) shall require that reformulated gasoline comply with paragraph (3) and with each of the following requirements (subject to paragraph (7)):
(3)
More stringent of formula or performance standards
The regulations referred to in paragraph (1) shall require compliance with the more stringent of either the requirements set forth in subparagraph (A) or the requirements of subparagraph (B) of this paragraph. For purposes of determining the more stringent provision, clause (i) and clause (ii) of subparagraph (B) shall be considered independently.
Any reduction greater than a specific percentage reduction required under this subparagraph shall be treated as satisfying such percentage reduction requirement.
(4)
Certification procedures
(B)
Certification; equivalency
The Administrator shall certify a fuel formulation or slate of fuel formulations as complying with this subsection if such fuel or fuels—
(i)
comply with the requirements of paragraph (2), and
(ii)
achieve equivalent or greater reductions in emissions of ozone forming volatile organic compounds and emissions of toxic air pollutants than are achieved by a reformulated gasoline meeting the applicable requirements of paragraph (3).
(C)
EPA determination of emissions level
(5)
Prohibition
Effective beginning January 1, 1995, each of the following shall be a violation of this subsection:
(A)
The sale or dispensing by any person of conventional gasoline to ultimate consumers in any covered area.
(B)
The sale or dispensing by any refiner, blender, importer, or marketer of conventional gasoline for resale in any covered area, without (i) segregating such gasoline from reformulated gasoline, and (ii) clearly marking such conventional gasoline as “conventional gasoline, not for sale to ultimate consumer in a covered area”.
Any refiner, blender, importer or marketer who purchases property
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.
(6)
Opt-in areas
(A)
Classified areas
(ii)
Effect of insufficient domestic capacity to produce reformulated gasoline
(B)
Ozone transport region
(i)
Application of prohibition
(I)
In general
(II)
Publication of application
(ii)
Period of applicability
Under clause (i), the prohibition specified in paragraph (5) shall apply in a State—
(I)
commencing as soon as practicable but not later than 2 years after the date of approval by the Administrator of the application of the Governor of the State; and
(II)
ending not earlier than 4 years after the commencement date determined under subclause (I).
(iii)
Extension of commencement date based on insufficient capacity
(I)
In general
If, after receipt of an application from a Governor of a State under clause (i), the Administrator determines, on the Administrator’s own motion or on petition of any person, after consultation with the Secretary of Energy, that there is insufficient capacity to supply reformulated gasoline, the Administrator, by regulation—
(aa)
shall extend the commencement date with respect to the State under clause (ii)(I) for not more than 1 year; and
(bb)
may renew the extension under item (aa) for 2 additional periods, each of which shall not exceed 1 year.
(II)
Deadline for action on petitions
(7)
Credits
(A)
The regulations promulgated under this subsection shall provide for the granting of an appropriate amount of credits to a person who refines, blends, or imports and certifies a gasoline or slate of gasoline that—
(i)
has an aromatic hydrocarbon content (by volume) that is less than the maximum aromatic hydrocarbon content required to comply with paragraph (3); or
(ii)
has a benzene content (by volume) that is less than the maximum benzene content specified in paragraph (2).
(B)
The regulations described in subparagraph (A) shall also provide that a person who is granted credits may use such credits, or transfer all or a portion of such credits to another person for use within the same nonattainment area, for the purpose of complying with this subsection.
(C)
The regulations promulgated under subparagraphs (A) and (B) shall ensure the enforcement of the requirements for the issuance, application, and transfer of the credits. Such regulations shall prohibit the granting or transfer of such credits for use with respect to any gasoline in a nonattainment area, to the extent the use of such credits would result in any of the following:
(i)
An average gasoline aromatic hydrocarbon content (by volume) for the nonattainment (taking into account all gasoline sold for use in conventional gasoline-fueled vehicles in the nonattainment area) higher than the average fuel aromatic hydrocarbon content (by volume) that would occur in the absence of using any such credits.
(ii)
An average benzene content (by volume) for the nonattainment area (taking into account all gasoline sold for use in conventional gasoline-fueled vehicles in the nonattainment area) higher than the average benzene content (by volume) that would occur in the absence of using any such credits.
(8)
Anti-dumping rules
(C)
Compliance determined for each pollutant independently
(E)
Baseline for determining compliance
(9)
Emissions from entire vehicle
(10)
Definitions
For purposes of this subsection—
(E)
Reformulated gasoline
(F)
Conventional gasoline
(s)
Conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels
(2)
Eligible production facilities
A production facility shall be eligible to receive a grant under this subsection if the production facility—
(A)
is located in the United States; and
(B)
uses cellulosic or renewable biomass or waste-derived feedstocks derived from agricultural residues, wood residues, municipal solid waste, or agricultural byproducts.
(3)
Authorization of appropriations
There are authorized to be appropriated the following amounts to carry out this subsection:
(A)
$100,000,000 for fiscal year 2006.
(B)
$250,000,000 for fiscal year 2007.
(C)
$400,000,000 for fiscal year 2008.
(4)
Definitions
For the purposes of this subsection:
(A)
The term “approved renewable fuels” are fuels and components of fuels that have been approved by the Department of Energy, as defined in
section 13211 of this title, which have been made from renewable biomass.
(B)
The term “renewable biomass” is, as defined in Presidential Executive Order 13134, published in the Federal Register on August 16, 1999, any organic matter that is available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, animal wastes, wood and wood residues, paper and paper residues, and other vegetative waste materials. Old-growth timber means timber of a forest from the late successional stage of forest development.
(u)
Standard specifications for biodiesel
(1)
Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 20 percent biodiesel (commonly known as “B20”) within 1 year after December 19, 2007, the Administrator shall initiate a rulemaking to establish a uniform per gallon fuel standard for such fuel and designate an identification number so that vehicle manufacturers are able to design engines to use fuel meeting such standard.
(2)
Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 5 percent biodiesel (commonly known as “B5”) within 1 year after December 19, 2007, the Administrator shall initiate a rulemaking to establish a uniform per gallon fuel standard for such fuel and designate an identification so that vehicle manufacturers are able to design engines to use fuel meeting such standard.
(3)
Whenever the Administrator is required to initiate a rulemaking under paragraph (1) or (2), the Administrator shall promulgate a final rule within 18 months after December 19, 2007.
(4)
Not later than 180 days after December 19, 2007, the Administrator shall establish an annual inspection and enforcement program to ensure that diesel fuel containing biodiesel sold or distributed in interstate commerce meets the standards established under regulations under this section, including testing and certification for compliance with applicable standards of the American Society for Testing and Materials. There are authorized to be appropriated to carry out the inspection and enforcement program under this paragraph $3,000,000 for each of fiscal years 2008 through 2010.
([July 14, 1955, ch. 360], title II, § 211, formerly § 210, as added [Pub. L. 90–148, § 2], Nov. 21, 1967, [81 Stat. 502]; renumbered and amended [Pub. L. 91–604], §§ 8(a), 9(a), Dec. 31, 1970, [84 Stat. 1694], 1698; [Pub. L. 92–157, title III, § 302(d)], (e), Nov. 18, 1971, [85 Stat. 464]; [Pub. L. 95–95, title II], §§ 222, 223, title IV, § 401(e), Aug. 7, 1977, [91 Stat. 762], 764, 791; [Pub. L. 95–190, § 14(a)(73)], (74), Nov. 16, 1977, [91 Stat. 1403], 1404; [Pub. L. 101–549, title II], §§ 212–221, 228(d), Nov. 15, 1990, [104 Stat. 2488–2500], 2510; [Pub. L. 109–58, title XV], §§ 1501(a)–(c), 1504(a)(1), (b), 1505–1507, 1512, 1513, 1541(a), (b), Aug. 8, 2005, [119 Stat. 1067–1074], 1076, 1077, 1080, 1081, 1088, 1089, 1106, 1107; [Pub. L. 110–140, title II]