Home > 106th Congressional Bills > H.R. 1021 (ih) To amend the Internal Revenue Code of 1986 to allow small employers a credit against income tax for costs incurred in establishing a qualified employer plan. [Introduced in House] ...

H.R. 1021 (ih) To amend the Internal Revenue Code of 1986 to allow small employers a credit against income tax for costs incurred in establishing a qualified employer plan. [Introduced in House] ...


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        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.--
                    ``(A) In general.--The Administrator shall 
                promulgate regulations applicable to each refiner, 
                blender, or importer of gasoline ensuring that gasoline 
                sold or introduced into commerce by such refiner, 
                blender, or importer (other than Federal clean burning 
                gasoline subject to the requirements of paragraph (1)) 
                does not result in average per gallon emissions 
                (measured on a mass basis) of (i) volatile organic 
                compounds, (ii) oxides of nitrogen, (iii) carbon 
                monoxide, and (iv) toxic air pollutants in excess of 
                such emissions of such pollutants attributable to 
                gasoline sold or introduced into commerce in calendar 
                year 1990 by that refiner, blender, or importer.
                    ``(B) Adjustments.--In evaluating compliance with 
                the requirements of subparagraph (A), the Administrator 
                shall make appropriate adjustments to insure that no 
                credit is provided for improvement in motor vehicle 
                emissions control in motor vehicles sold after the 
                calendar year 1990.
                    ``(C) Compliance determined for each pollutant 
                independently.--In determining whether there is an 
                increase in emissions in violation of the prohibition 
                contained in subparagraph (A) the Administrator shall 
                consider an increase in each air pollutant referred to 
                in clauses (i) through (iv) as a separate violation of 
                such prohibition, except that the Administrator shall 
                promulgate regulations to provide that any increase in 
                emissions of oxides of nitrogen resulting from adding 
                oxygenates to gasoline may be offset by an equivalent 
                or greater reduction (on a mass basis) in emissions of 
                volatile organic compounds, carbon monoxide, or toxic 
                air pollutants, or any combination of the foregoing.
                    ``(D) Compliance period.--The Administrator shall 
                promulgate an appropriate compliance period or 
                appropriate compliance periods to be used for assessing 
                compliance with the prohibition contained in 
                subparagraph (A).
                    ``(E) Baseline for determining compliance.--If the 
                Administrator determines that no adequate and reliable 
                data exists regarding the composition of gasoline sold 
                or introduced into commerce by a refiner, blender, or 
                importer in calendar year 1990, for such refiner, 
                blender, or importer, baseline gasoline shall be 
                substituted for such 1990 gasoline in determining 
                compliance with subparagraph (A).
            ``(9) Emissions from entire vehicle.--In applying the 
        requirements of this subsection, the Administrator shall take 
        into account emissions from the entire motor vehicle, including 
        evaporative, running, refueling, and exhaust emissions.
            ``(10) Definitions.--For purposes of this subsection--
                    ``(A) Baseline vehicles.--The term `baseline 
                vehicles' mean representative model year 1990 vehicles.
                    ``(B) Baseline gasoline.--
                            ``(i) Summertime.--The term `baseline 
                        gasoline' means in the case of gasoline sold 
                        during the high ozone period (as defined by the 
                        Administrator) a gasoline which meets the 
                        following specifications:

                    BASELINE GASOLINE FUEL PROPERTIES
                        API Gravity...........................     57.4 
                        Sulfur, ppm...........................      339 
                        Benzene, %............................      1.53
                        RVP, psi..............................      8.7 
                        Octane, R+M/2.........................     87.3 
                        IBP, F................................       91 
                        10%, F................................      128 
                        50%, F................................      218 
                        90%, F................................      330 
                        End Point, F..........................      415 
                        Aromatics, %..........................     32.0 
                        Olefins, %............................      9.2 
                        Saturates, %..........................     58.8 

                            ``(ii) Wintertime.--The Administrator shall 
                        establish the specifications of `baseline 
                        gasoline' for gasoline sold at times other than 
                        the high ozone period (as defined by the 
                        Administrator). Such specifications shall be 
                        the specifications of 1990 industry average 
                        gasoline sold during such period.
                    ``(C) Toxic air pollutants.--The term `toxic air 
                pollutants' means the aggregate emissions of the 
                following: Benzene, 3 Butadiene, Polycyclic organic 
matter (POM), Acetaldehyde, Formaldehyde.
                    ``(D) Covered area.--The 9 ozone nonattainment 
                areas having a 1980 population in excess of 250,000 and 
                having the highest ozone design value during the period 
                1987 through 1989 shall be ``covered areas'' for 
                purposes of this subsection. Effective one year after 
                the reclassification of any ozone nonattainment area as 
                a Severe ozone nonattainment area under section 181(b), 
                such Severe area shall also be a ``covered area'' for 
                purposes of this subsection.
                    ``(E) Federal clean burning gasoline.--The term 
                `Federal clean burning gasoline' means any gasoline 
                which is certified by the Administrator under this 
                section as complying with this subsection.
                    ``(F) Conventional gasoline.--The term 
                `conventional gasoline' means any gasoline which does 
                not meet specifications set by a certification under 
                this subsection and which is not low RVP gasoline 
                meeting the requirements of section 211(h)(6).''.
    (2) The Clean Air Act is amended by striking the term 
``reformulated gasoline'' in each place it appears and inserting in 
lieu thereof ``Federal clean burning fuel''.
    (3) Except for purposes of section 211(v)(4)(D)(i) of the Clean Air 
Act, as added by subsection (a) of this section, the amendments made by 
this subsection shall take effect on the date 4 years after the 
enactment of this Act. For purposes of such section 211(v)(4)(D)(i), 
the amendments made by this subsection shall take effect on the date of 
the enactment of this Act.

SEC. 3. REPEAL OF OXYGEN CONTENT REQUIREMENT FOR CERTAIN REFORMULATED 
              GASOLINE.

    Effective January 1, 2004, sections 211(k)(2)(B), and 
211(k)(3)(A)(v), and 211(k)(7)(A)(i) of the Clean Air Act are repealed.

SEC. 4. ELIMINATION OF MTBE.

    Section 211(f) of the Clean Air Act (42 U.S.C.7545(f)) is amended 
by adding the following new paragraph after paragraph (5):
    ``(6) After January 1, 2007, it shall be unlawful for any 
manufacturer of any fuel to introduce into commerce any gasoline which 
contains methyl tertiary butyl ether (MTBE).''.

SEC. 5. RENEWABLE FUELS CONTENT OF GASOLINE.

    Title II of the Clean Air Act is amended by adding the following 
new section after section 211:

``SEC. 212. RENEWABLE FUELS CONTENT OF GASOLINE.

    ``(a) Definitions.--In this section:
            ``(1) Biomass.--The term `biomass' means lignocellulosic or 
        hemicellulosic matter that is available on a renewable basis, 
        including dedicated energy crops and trees, wood and wood 
        residues, plants, grasses, agricultural commodities and 
        residues, fibers; and animal waste, municipal solid waste, and 
        other waste.
            ``(2) Renewable fuel.--The term `renewable fuel' means fuel 
        that--
                    ``(A) is ethanol or any other liquid fuel produced 
                from biomass; and
                    ``(B) is used to reduce the quantity of fossil fuel 
                present in gasoline used to operate a motor vehicle.
            ``(3) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
    ``(b) Renewable Fuel Program.--
            ``(1) In general.--The gasoline sold or introduced into 
        commerce in the United States in the calendar year 2004 or any 
        calendar year thereafter by a refiner, blender, or importer for 
        use in motor vehicles shall, on an average annual basis, be 
        comprised of a quantity of renewable fuel that is not less than 
        the applicable percentage by volume for the annual period.
            ``(2) Applicable percentage.--
                    ``(A) In general.--For the purposes of paragraph 
                (1), the applicable percentage for any calendar year 
                shall be determined in accordance with the following 
                schedule, unless modified under subparagraph (B):


Calendar year:                      Applicable percentage of renewable 
                                                                  fuel:
    2004..........................................                1.61 
    up to 2012 and thereafter.....................                 2.43
                    ``(B) Adjustments to applicable percentage.--On 
                petition submitted by a State, the Administrator, in 
                consultation with the Secretary of Energy and the 
                Secretary of Agriculture, may lower the applicable 
                percentage specified in subparagraph (A) for one 
                calendar year with respect to gasoline sold or 
                introduced into commerce in the State, if the 
                Administrator, after public notice and opportunity for 
                comment, determines that during the calendar year there 
                is likely to be an inadequate domestic supply or 
distribution capacity in the State to meet the applicable percentage 
specified in subparagraph (A) for the calendar year.
                    ``(C) Petitions for adjustment.--
                            ``(i) Submission.--A State shall submit a 
                        petition under subparagraph (B) not later than 
                        April 1 of the year preceding the calendar year 
                        for which the adjustment is sought.
                            ``(ii) Action on petitions.--The 
                        Administrator, in consultation with the 
                        Secretary of Energy and the Secretary of 
                        Agriculture, shall approve or deny a State 
                        petition before the beginning of the calendar 
                        year.
    ``(c) Credit Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this Act, the Administrator, in consultation 
        with the Secretary of Energy and the Secretary of Agriculture, 
        shall promulgate regulations providing for the generation of an 
        appropriate amount of credits by a person that refines, blends, 
        or imports gasoline that contains, on an annual average basis, 
        a quantity of renewable fuel that is greater than the quantity 
        required for that annual period under subsection (b).
            ``(2) Use of credits.--A person that generates credits 
        under paragraph (1) may use the credits, hold the credits for 
        later use, or transfer all or a portion of the credits to 
        another person, for the purpose of complying with subsection 
        (b).
            ``(3) Inability to purchase sufficient credits.--The 
        regulations under paragraph (1) shall include provisions 
        allowing a refiner, blender, or importer that is unable to 
        purchase sufficient credits to meet the requirements of 
        subsection (b) to enter into an enforceable agreement to 
        generate or purchase sufficient credits to make up for any 
        deficiency within a period of time specified in the agreement.
            ``(4) Testing; reports.--The regulations under paragraph 
        (1) may include provisions requiring a refiner, blender, or 
        importer--
                    ``(A) to conduct tests to ascertain the composition 
                of fuels for the purpose of compliance with subsection 
                (b); and
                    ``(B) to submit to the Administrator periodic 
                reports on the composition of the fuels refined, 
                blended, or imported.
    ``(d) Civil Penalties and Enforcement.--
            ``(1) Civil penalties.--
                    ``(A) In general.--The Administrator may impose 
                against a person that fails to comply with subsection 
                (b) or with a regulation under subsection (c) a civil 
                penalty in the amount of--
                            ``(i) not more than $25,000 for each day of 
                        the failure to comply; plus
                            ``(ii) the amount of economic benefit 
                        realized by the person as a result of the 
                        failure to comply.
                    ``(B) Averaging period.--Any failure to comply with 
                respect to a regulation under subsection (c) for any 
                calendar year shall constitute a separate day of 
                failure of compliance for each day of such year.
            ``(2) Enforcement.--The Administrator may bring a civil 
        action in United States district court for--
                    ``(A) an order enjoining a failure to comply with 
                subsection (b) or with a regulation under subsection 
                (c); and
                    ``(B) other appropriate relief.
    ``(e) Congressional Support for Ethanol.--It is the sense of the 
Congress that it is in the national interest to support the promotion 
of ethanol as the primary renewable fuel to be used for purposes of 
satisfying the requirements of this section.''.

SEC. 6. STUDY OF EFFECT ON AIR QUALITY.

    Within 7 years after the enactment of this Act, the Administrator 
of the Environmental Protection Agency shall complete and publish a 
study of the changes in the emissions of any air pollutant and in air 
quality attributable to the amendments made by this Act.
                                 <all>

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