| 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. <all>
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