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] ...
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.
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