| 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] ...
108th CONGRESS 1st Session H. R. 1020 To amend the Clean Air Act requirements relating to gasoline to prevent future supply shortages and price spikes in the gasoline market, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 27, 2003 Mr. Ryan of Wisconsin (for himself, Mr. Green of Wisconsin, and Mr. Sensenbrenner) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Clean Air Act requirements relating to gasoline to prevent future supply shortages and price spikes in the gasoline market, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) The President's National Energy Policy Development (NEPD) Group recommended that the Environmental Protection Agency (EPA) study the environmental benefits of State boutique fuels and methods to increase the flexibility of the fuel distribution infrastructure and the gasoline market liquidity. (2) Seasonal price spikes, particularly in the Midwest, can be attributed to the number of boutique fuels and the lack of fungibility, especially when there is a disruption in the refining or pipeline system. (3) According to the EPA Study of Boutique Fuels released October 24, 2001, a reduction of the number of boutique fuels may moderate the price spikes that occur with the transition of winter to summer grade reformulated gasoline (RFG). (4) The propagation of boutique fuels may occur in the future as a result of State laws banning the use of MTBE, an oxygenated gasoline additive. (5) Refiners argue that without any restrictions on States, boutique fuels will continue to proliferate. (6) Stakeholders have acknowledged that fewer fuel types would simplify gasoline distribution and therefore ease the potential for local supply disruptions and resulting price volatility without disrupting gasoline supply, air quality benefits, or prices. (7) The EPA study examined several options, one of which would create a menu of three fuels for States to choose from (conventional gasoline, low-RVP, or a new Federal clean burning gas), including a new national renewable fuel requirement. (8) The EPA study found that this option is the least costly of all the options presented and would increase gasoline production capacity, giving the best balance among gasoline cost, distribution, and supply, and air quality. SEC. 2. BOUTIQUE FUELS. (a) Reducing the Proliferation of Boutique Fuels.--(1) Section 211(c)(4) of such Act (42 U.S.C. 7545(c)(4)) is amended by adding the following at the end thereof: ``(D) In the case of gasoline, in addition to the requirements of subparagraph (C), after the enactment of this subparagraph, the Administrator may approve a provision described in subparagraph (C) in an implementation plan only if the Administrator finds that the control or prohibition in the applicable implementation plan requires the use of either of the following: ``(i) Federal clean burning fuel meeting the requirements of subsection (k). ``(ii) Low RVP gasoline meeting the requirements of subsection (h)(6). ``(E) In the case of implementation plan provisions approved under subparagraph (C) on or before the date of the enactment of this subparagraph, such provisions may remain in effect after the date 4 years after the enactment of this subparagraph only if the State has, within 6 months after the enactment of this subparagraph, reevaluated the provisions and established to the satisfaction of the Administrator that the benefits of such provisions in terms of air quality improvement, consistent supply, production costs and stable prices for gasoline exceed the benefits of modifying such provisions to require the use of Federal clean burning fuel meeting the requirements of subsection (k) or low RVP gasoline meeting the requirements of subsection (h)(6) (whichever requires a Reid Vapor Pressure closest to the Reid Vapor Pressure required by the plan provisions prior to modification).''. (2) By striking ``engine--'' in subparagraph (A) of section 211(c)(4) of the Clean Air Act and all that follows down through the end of such subparagraph and inserting ``engine.''. (3) By striking ``, for the purposes of motor vehicle emission control,'' in subparagraph (A) of section 211(c)(4) of the Clean Air Act. (b) Low rvp Gas Option.--Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended by adding the following new paragraph at the end thereof: ``(6) Low rvp gasoline.--The Administrator shall promulgate regulations providing for a gasoline blend for the high ozone season (as determined by the Administrator) having a Reid Vapor Pressure of 7.8 pounds per square inch (psi). The Administrator shall approve State plan provisions submitted under subsection (c)(4)(C) and (D) for ozone nonattainment areas in both northern and southern areas of the nation (other than covered areas under subsection (k)) that require gasoline to meet the requirements of the regulations under this paragraph.''. (c) Federal Clean Burning Gas.--(1) Section 211(k) of the Clean Air Act is amended to read as follows: ``(k) Federal Clean Burning Gas.-- ``(1) EPA regulations.--The Administrator shall promulgate regulations under this section establishing requirements for Federal clean burning gasoline to be used in gasoline-fueled vehicles in specified nonattainment areas. Such regulations shall require the greatest reduction in emissions of ozone forming volatile organic compounds (during the high ozone season) and emissions of toxic air pollutants (during the entire year) achievable through the reformulation of conventional gasoline, taking into consideration the cost of achieving such emission reductions, any nonair-quality and other air-quality related health and environmental impacts and energy requirements. ``(2) General requirements.--The regulations referred to in paragraph (1) shall require that Federal clean burning gasoline comply with paragraph (3) and with each of the following requirements (subject to paragraph (7)): ``(A) NO<INF>X</INF> emissions.--The emissions of oxides of nitrogen (NO<INF>X</INF>) from baseline vehicles when using the Federal clean burning gasoline shall be no greater than the level of such emissions from such vehicles when using baseline gasoline. If the Administrator determines that compliance with the limitation on emissions of oxides of nitrogen under the preceding sentence is technically infeasible, considering the other requirements applicable under this subsection to such gasoline, the Administrator may, as appropriate to ensure compliance with this subparagraph, adjust (or waive entirely), any other requirements of this paragraph (including the oxygen content requirement contained in subparagraph (B)) or any requirements applicable under paragraph (3)(A). ``(B) Benzene content.--The benzene content of the gasoline shall not exceed 1.0 percent by volume. ``(C) Heavy metals.--The gasoline shall have no heavy metals, including lead or manganese. The Administrator may waive the prohibition contained in this subparagraph for a heavy metal (other than lead) if the Administrator determines that addition of the heavy metal to the gasoline will not increase, on an aggregate mass or cancer-risk basis, toxic air pollutant emissions from motor vehicles. ``(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. ``(A) Formula.-- ``(i) Benzene.--The benzene content of the Federal clean burning gasoline shall not exceed 1.0 percent by volume. ``(ii) Aromatics.--The aromatic hydrocarbon content of the Federal clean burning gasoline shall not exceed 25 percent by volume. ``(iii) Lead.--The Federal clean burning gasoline shall have no lead content. ``(iv) Detergents.--The Federal clean burning gasoline shall contain additives to prevent the accumulation of deposits in engines or vehicle fuel supply systems. ``(v) Reid vapor pressure.--The Reid Vapor Pressure of the gasoline shall not exceed 6.8 pounds per square inch (psi) for the high ozone season (as determined by the Administrator). ``(B) Performance standard.-- ``(i) VOC emissions.--During the high ozone season (as defined by the Administrator), the Reid Vapor Pressure of the gasoline shall not exceed 6.8 pounds per square inch (psi). ``(ii) Toxics.--During the entire year, the aggregate emissions of toxic air pollutants from baseline vehicles when using the Federal clean burning gasoline shall be 15 percent below the aggregate emissions of toxic air pollutants from such vehicles when using baseline gasoline. Effective in calendar year 2000 and thereafter, 25 percent shall be substituted for 15 percent in applying this clause, except that the Administrator may adjust such 25 percent requirement to provide for a lesser or greater reduction based on technological feasibility, considering the cost of achieving such reductions in toxic air pollutants. No such adjustment shall provide for less than a 20 percent reduction below the aggregate emissions of such air pollutants from such vehicles when using baseline gasoline. The reductions required under this clause shall be on a mass basis. Any reduction greater than a specific percentage reduction required under this subparagraph shall be treated as satisfying such percentage reduction requirement. ``(4) Certification procedures.-- ``(A) Regulations.--The regulations under this subsection shall include procedures under which the Administrator shall certify Federal clean burning gasoline as complying with the requirements established pursuant to this subsection. Under such regulations, the Administrator shall establish procedures for any person to petition the Administrator to certify a fuel formulation, or slate of fuel formulations. Such procedures shall further require that the Administrator shall approve or deny such petition within 180 days of receipt. If the Administrator fails to act within such 180-day period, the fuel shall be deemed certified until the Administrator completes action on the petition. ``(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 Federal clean burning gasoline meeting the applicable requirements of paragraph (3). ``(C) EPA determination of emissions level.--The Administrator shall determine the level of emissions of ozone forming volatile organic compounds and emissions of toxic air pollutants emitted by baseline vehicles when operating on baseline gasoline. For purposes of this subsection, the Administrator shall, by rule, determine appropriate measures of, and methodology for, ascertaining the emissions of air pollutants (including calculations, equipment, and testing tolerances). ``(5) Prohibition.--Effective on the date 4 years after the enactment of this paragraph, 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 Federal clean burning 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 segregated and marked conventional gasoline, and thereafter labels, represents, or wholesales such gasoline as Federal clean burning 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) Upon the application of the Governor of a State, the Administrator shall apply the prohibition set forth in paragraph (5) in any area in the State classified under subpart 2 of part D of title I as a Marginal, Moderate, Serious, or Severe Area (without regard to whether or not the 1980 population of the area exceeds 250,000). In any such case, the Administrator shall establish an effective date for such prohibition as he deems appropriate, 1 year after such application is received. The Administrator shall publish such application in the Federal Register upon receipt. ``(B) If 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 domestic capacity to produce gasoline certified under this subsection, the Administrator shall, by rule, extend the effective date of such prohibition in Marginal, Moderate, Serious, or Severe Areas referred to in subparagraph (A) for one additional year, and may, by rule, renew such extension for 2 additional one-year periods. The Administrator shall act on any petition submitted under this paragraph within 6 months after receipt of the petition. The Administrator shall issue such extensions for areas with a lower ozone classification before issuing any such extension for areas with a higher classification. ``(7) Credits.--(A) The regulations promulgated under this
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