
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7545]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
            Part A--Motor Vehicle Emission and Fuel Standards
 
Sec. 7545. Regulation of fuels


(a) Authority of Administrator to regulate

    The Administrator may by regulation designate any fuel or fuel 
additive (including any fuel or fuel additive used exclusively in 
nonroad engines or nonroad vehicles) and, after such date or dates as 
may be prescribed by him, no manufacturer or processor of any such fuel 
or additive may sell, offer for sale, or introduce into commerce such 
fuel or additive unless the Administrator has registered such fuel or 
additive in accordance with subsection (b) of this section.

(b) Registration requirement

    (1) For the purpose of registration of fuels and fuel additives, the 
Administrator shall require--
        (A) the manufacturer of any fuel to notify him as to the 
    commercial identifying name and manufacturer of any additive 
    contained in such fuel; the range of concentration of any additive 
    in the fuel; and the purpose-in-use of any such additive; and
        (B) the manufacturer of any additive to notify him as to the 
    chemical composition of such additive.

    (2) For the purpose of registration of fuels and fuel additives, the 
Administrator may also require the manufacturer of any fuel or fuel 
additive--
        (A) to conduct tests to determine potential public health 
    effects of such fuel or additive (including, but not limited to, 
    carcinogenic, teratogenic, or mutagenic effects), and
        (B) to furnish the description of any analytical technique that 
    can be used to detect and measure any additive in such fuel, the 
    recommended range of concentration of such additive, and the 
    recommended purpose-in-use of such additive, and such other 
    information as is reasonable and necessary to determine the 
    emissions resulting from the use of the fuel or additive contained 
    in such fuel, the effect of such fuel or additive on the emission 
    control performance of any vehicle, vehicle engine, nonroad engine 
    or nonroad vehicle, or the extent to which such emissions affect the 
    public health or welfare.

Tests under subparagraph (A) shall be conducted in conformity with test 
procedures and protocols established by the Administrator. The result of 
such tests shall not be considered confidential.
    (3) Upon compliance with the provision of this subsection, including 
assurances that the Administrator will receive changes in the 
information required, the Administrator shall register such fuel or fuel 
additive.

(c) Offending fuels and fuel additives; control; prohibition

    (1) The Administrator may, from time to time on the basis of 
information obtained under subsection (b) of this section or other 
information available to him, by regulation, control or prohibit the 
manufacture, introduction into commerce, offering for sale, or sale of 
any fuel or fuel additive for use in a motor vehicle, motor vehicle 
engine, or nonroad engine or nonroad vehicle (A) if in the judgment of 
the Administrator any emission product of such fuel or fuel additive 
causes, or contributes, to air pollution which may reasonably be 
anticipated to endanger the public health or welfare, or (B) if emission 
products of such fuel or fuel additive will impair to a significant 
degree the performance of any emission control device or system which is 
in general use, or which the Administrator finds has been developed to a 
point where in a reasonable time it would be in general use were such 
regulation to be promulgated.
    (2)(A) No fuel, class of fuels, or fuel additive may be controlled 
or prohibited by the Administrator pursuant to clause (A) of paragraph 
(1) except after consideration of all relevant medical and scientific 
evidence available to him, including consideration of other 
technologically or economically feasible means of achieving emission 
standards under section 7521 of this title.
    (B) No fuel or fuel additive may be controlled or prohibited by the 
Administrator pursuant to clause (B) of paragraph (1) except after 
consideration of available scientific and economic data, including a 
cost benefit analysis comparing emission control devices or systems 
which are or will be in general use and require the proposed control or 
prohibition with emission control devices or systems which are or will 
be in general use and do not require the proposed control or 
prohibition. On request of a manufacturer of motor vehicles, motor 
vehicle engines, fuels, or fuel additives submitted within 10 days of 
notice of proposed rulemaking, the Administrator shall hold a public 
hearing and publish findings with respect to any matter he is required 
to consider under this subparagraph. Such findings shall be published at 
the time of promulgation of final regulations.
    (C) No fuel or fuel additive may be prohibited by the Administrator 
under paragraph (1) unless he finds, and publishes such finding, that in 
his judgment such prohibition will not cause the use of any other fuel 
or fuel additive which will produce emissions which will endanger the 
public health or welfare to the same or greater degree than the use of 
the fuel or fuel additive proposed to be prohibited.
    (3)(A) For the purpose of obtaining evidence and data to carry out 
paragraph (2), the Administrator may require the manufacturer of any 
motor vehicle or motor vehicle engine to furnish any information which 
has been developed concerning the emissions from motor vehicles 
resulting from the use of any fuel or fuel additive, or the effect of 
such use on the performance of any emission control device or system.
    (B) In obtaining information under subparagraph (A), section 7607(a) 
of this title (relating to subpenas) shall be applicable.
    (4)(A) Except as otherwise provided in subparagraph (B) or (C), no 
State (or political subdivision thereof) may prescribe or attempt to 
enforce, for purposes of motor vehicle emission control, any control or 
prohibition respecting any characteristic or component of a fuel or fuel 
additive in a motor vehicle or motor vehicle engine--
        (i) if the Administrator has found that no control or 
    prohibition of the characteristic or component of a fuel or fuel 
    additive under paragraph (1) is necessary and has published his 
    finding in the Federal Register, or
        (ii) if the Administrator has prescribed under paragraph (1) a 
    control or prohibition applicable to such characteristic or 
    component of a fuel or fuel additive, unless State prohibition or 
    control is identical to the prohibition or control prescribed by the 
    Administrator.

    (B) Any State for which application of section 7543(a) of this title 
has at any time been waived under section 7543(b) of this title may at 
any time prescribe and enforce, for the purpose of motor vehicle 
emission control, a control or prohibition respecting any fuel or fuel 
additive.
    (C) A State may prescribe and enforce, for purposes of motor vehicle 
emission control, a control or prohibition respecting the use of a fuel 
or fuel additive in a motor vehicle or motor vehicle engine if an 
applicable implementation plan for such State under section 7410 of this 
title so provides. The Administrator may approve such provision in an 
implementation plan, or promulgate an implementation plan containing 
such a provision, only if he finds that the State control or prohibition 
is necessary to achieve the national primary or secondary ambient air 
quality standard which the plan implements. The Administrator may find 
that a State control or prohibition is necessary to achieve that 
standard if no other measures that would bring about timely attainment 
exist, or if other measures exist and are technically possible to 
implement, but are unreasonable or impracticable. The Administrator may 
make a finding of necessity under this subparagraph even if the plan for 
the area does not contain an approved demonstration of timely 
attainment.

(d) Penalties and injunctions

                         (1) Civil penalties

        Any person who violates subsection (a), (f), (g), (k), (l), (m), 
    or (n) of this section or the regulations prescribed under 
    subsection (c), (h), (i), (k), (l), (m), or (n) of this section or 
    who fails to furnish any information or conduct any tests required 
    by the Administrator under subsection (b) of this section shall be 
    liable to the United States for a civil penalty of not more than the 
    sum of $25,000 for every day of such violation and the amount of 
    economic benefit or savings resulting from the violation. Any 
    violation with respect to a regulation prescribed under subsection 
    (c), (k), (l), or (m) of this section which establishes a regulatory 
    standard based upon a multiday averaging period shall constitute a 
    separate day of violation for each and every day in the averaging 
    period. Civil penalties shall be assessed in accordance with 
    subsections (b) and (c) of section 7524 of this title.

                      (2) Injunctive authority

        The district courts of the United States shall have jurisdiction 
    to restrain violations of subsections (a), (f), (g), (k), (l), (m), 
    and (n) of this section and of the regulations prescribed under 
    subsections (c), (h), (i), (k), (l), (m), and (n) of this section, 
    to award other appropriate relief, and to compel the furnishing of 
    information and the conduct of tests required by the Administrator 
    under subsection (b) of this section. Actions to restrain such 
    violations and compel such actions shall be brought by and in the 
    name of the United States. In any such action, subpoenas for 
    witnesses who are required to attend a district court in any 
    district may run into any other district.

(e) Testing of fuels and fuel additives

    (1) Not later than one year after August 7, 1977, and after notice 
and opportunity for a public hearing, the Administrator shall promulgate 
regulations which implement the authority under subsection (b)(2)(A) and 
(B) of this section with respect to each fuel or fuel additive which is 
registered on the date of promulgation of such regulations and with 
respect to each fuel or fuel additive for which an application for 
registration is filed thereafter.
    (2) Regulations under subsection (b) of this section to carry out 
this subsection shall require that the requisite information be provided 
to the Administrator by each such manufacturer--
        (A) prior to registration, in the case of any fuel or fuel 
    additive which is not registered on the date of promulgation of such 
    regulations; or
        (B) not later than three years after the date of promulgation of 
    such regulations, in the case of any fuel or fuel additive which is 
    registered on such date.

    (3) In promulgating such regulations, the Administrator may--
        (A) exempt any small business (as defined in such regulations) 
    from or defer or modify the requirements of, such regulations with 
    respect to any such small business;
        (B) provide for cost-sharing with respect to the testing of any 
    fuel or fuel additive which is manufactured or processed by two or 
    more persons or otherwise provide for shared responsibility to meet 
    the requirements of this section without duplication; or
        (C) exempt any person from such regulations with respect to a 
    particular fuel or fuel additive upon a finding that any additional 
    testing of such fuel or fuel additive would be duplicative of 
    adequate existing testing.

(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 
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 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 pursuant to section 7525 of this 
title. If the Administrator has not acted to grant or deny an 
application under this paragraph within one hundred and eighty days of 
receipt of such application, the waiver authorized by this paragraph 
shall be treated as granted.
    (5) No action of the Administrator under this section may be stayed 
by any court pending judicial review of such action.

(g) Misfueling

    (1) No person shall introduce, or cause or allow the introduction 
of, leaded gasoline into any motor vehicle which is labeled ``unleaded 
gasoline only,'' which is equipped with a gasoline tank filler inlet 
designed for the introduction of unleaded gasoline, which is a 1990 or 
later model year motor vehicle, or which such person knows or should 
know is a vehicle designed solely for the use of unleaded gasoline.
    (2) Beginning October 1, 1993, no person shall introduce or cause or 
allow the introduction into any motor vehicle of diesel fuel which such 
person knows or should know contains a concentration of sulfur in excess 
of 0.05 percent (by weight) or which fails to meet a cetane index 
minimum of 40 or such equivalent alternative aromatic level as 
prescribed by the Administrator under subsection (i)(2) of this section.

(h) Reid Vapor Pressure requirements

                           (1) Prohibition

        Not later than 6 months after November 15, 1990, the 
    Administrator shall promulgate regulations making it unlawful for 
    any person during the high ozone season (as defined by the 
    Administrator) to sell, offer for sale, dispense, supply, offer for 
    supply, transport, or introduce into commerce gasoline with a Reid 
    Vapor Pressure in excess of 9.0 pounds per square inch (psi). Such 
    regulations shall also establish more stringent Reid Vapor Pressure 
    standards in a nonattainment area as the Administrator finds 
    necessary to generally achieve comparable evaporative emissions (on 
    a per-vehicle basis) in nonattainment areas, taking into 
    consideration the enforceability of such standards, the need of an 
    area for emission control, and economic factors.

                        (2) Attainment areas

        The regulations under this subsection shall not make it unlawful 
    for any person to sell, offer for supply, transport, or introduce 
    into commerce gasoline with a Reid Vapor Pressure of 9.0 pounds per 
    square inch (psi) or lower in any area designated under section 7407 
    of this title as an attainment area. Notwithstanding the preceding 
    sentence, the Administrator may impose a Reid vapor pressure 
    requirement lower than 9.0 pounds per square inch (psi) in any area, 
    formerly an ozone nonattainment area, which has been redesignated as 
    an attainment area.

                   (3) Effective date; enforcement

        The regulations under this subsection shall provide that the 
    requirements of this subsection shall take effect not later than the 
    high ozone season for 1992, and shall include such provisions as the 
    Administrator determines are necessary to implement and enforce the 
    requirements of this subsection.

                         (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) of this section; 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) Areas covered

        The provisions of this subsection shall apply only to the 48 
    contiguous States and the District of Columbia.

(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 \1\ of this title. The Administrator shall take final 
action on any petition filed under section 7625 \1\ of this title or 
this paragraph for an exemption from the requirements of this 
subsection, within 12 months from the date of the petition.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be section ``7625-1''.
---------------------------------------------------------------------------

(j) Lead substitute gasoline additives

    (1) After November 15, 1990, any person proposing to register any 
gasoline additive under subsection (a) of this section 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) of this section).
    (2) In addition to the other testing which may be required under 
subsection (b) of this section, 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

        Within 1 year after November 15, 1990, the Administrator shall 
    promulgate regulations under this section establishing requirements 
    for reformulated 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 
    reformulated 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 reformulated 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) Oxygen content

            The oxygen content of the gasoline shall equal or exceed 2.0 
        percent by weight (subject to a testing tolerance established by 
        the Administrator) except as otherwise required by this chapter. 
        The Administrator may waive, in whole or in part, the 
        application of this subparagraph for any ozone nonattainment 
        area upon a determination by the Administrator that compliance 
        with such requirement would prevent or interfere with the 
        attainment by the area of a national primary ambient air quality 
        standard.

        (C) Benzene content

            The benzene content of the gasoline shall not exceed 1.0 
        percent by volume.

        (D) 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 reformulated gasoline shall 
            not exceed 1.0 percent by volume.
            (ii) Aromatics

                The aromatic hydrocarbon content of the reformulated 
            gasoline shall not exceed 25 percent by volume.
            (iii) Lead

                The reformulated gasoline shall have no lead content.
            (iv) Detergents

                The reformulated gasoline shall contain additives to 
            prevent the accumulation of deposits in engines or vehicle 
            fuel supply systems.
            (v) Oxygen content

                The oxygen content of the reformulated gasoline shall 
            equal or exceed 2.0 percent by weight (subject to a testing 
            tolerance established by the Administrator) except as 
            otherwise required by this chapter.

        (B) Performance standard

            (i) VOC emissions

                During the high ozone season (as defined by the 
            Administrator), the aggregate emissions of ozone forming 
            volatile organic compounds from baseline vehicles when using 
            the reformulated gasoline shall be 15 percent below the 
            aggregate emissions of ozone forming volatile organic 
            compounds 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 VOC emissions. 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.
            (ii) Toxics

                During the entire year, the aggregate emissions of toxic 
            air pollutants from baseline vehicles when using the 
            reformulated 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 
        reformulated 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 
            reformulated gasoline meeting the applicable requirements of 
            paragraph (3).

        (C) EPA determination of emissions level

            Within 1 year after November 15, 1990, 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, within 1 year after November 15, 
        1990, 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 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 
    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) 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 
    subchapter I of this chapter 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, not later than January 1, 1995, or 1 year after such 
    application is received, whichever is later. 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 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 oxygen content (by weight) that exceeds the 
        minimum oxygen content specified in paragraph (2);
            (ii) has an aromatic hydrocarbon content (by volume) that is 
        less than the maximum aromatic hydrocarbon content required to 
        comply with paragraph (3); or
            (iii) 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 gasoline oxygen content (by weight) for the 
        nonattainment area (taking into account all gasoline sold for 
        use in conventional gasoline-fueled vehicles in the 
        nonattainment area) lower than the average gasoline oxygen 
        content (by weight) that would occur in the absence of using any 
        such credits.
            (iii) 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

            Within 1 year after November 15, 1990, 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 reformulated 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. Such 
        regulations shall take effect beginning January 1, 1995.

        (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
            1,3 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 7511(b) of this title, 
        such Severe area shall also be a ``covered area'' for purposes 
        of this subsection.

        (E) Reformulated gasoline

            The term ``reformulated 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.

(l) Detergents

    Effective beginning January 1, 1995, no person may sell or dispense 
to an ultimate consumer in the United States, and no refiner or marketer 
may directly or indirectly sell or dispense to persons who sell or 
dispense to ultimate consumers in the United States any gasoline which 
does not contain additives to prevent the accumulation of deposits in 
engines or fuel supply systems. Not later than 2 years after November 
15, 1990, the Administrator shall promulgate a rule establishing 
specifications for such additives.

(m) Oxygenated fuels

            (1) Plan revisions for CO nonattainment areas

        (A) Each State in which there is located all or part of an area 
    which is designated under subchapter I of this chapter as a 
    nonattainment area for carbon monoxide and which has a carbon 
    monoxide design value of 9.5 parts per million (ppm) or above based 
    on data for the 2-year period of 1988 and 1989 and calculated 
    according to the most recent interpretation methodology issued by 
    the Administrator prior to November 15, 1990, shall submit to the 
    Administrator a State implementation plan revision under section 
    7410 of this title and part D of subchapter I of this chapter for 
    such area which shall contain the provisions specified under this 
    subsection regarding oxygenated gasoline.
        (B) A plan revision which contains such provisions shall also be 
    submitted by each State in which there is located any area which, 
    for any 2-year period after 1989 has a carbon monoxide design value 
    of 9.5 ppm or above. The revision shall be submitted within 18 
    months after such 2-year period.

          (2) Oxygenated gasoline in CO nonattainment areas

        Each plan revision under this subsection shall contain 
    provisions to require that any gasoline sold, or dispensed, to the 
    ultimate consumer in the carbon monoxide nonattainment area or sold 
    or dispensed directly or indirectly by fuel refiners or marketers to 
    persons who sell or dispense to ultimate consumers, in the larger 
    of--
            (A) the Consolidated Metropolitan Statistical Area (CMSA) in 
        which the area is located, or
            (B) if the area is not located in a CMSA, the Metropolitan 
        Statistical Area in which the area is located,

    be blended, during the portion of the year in which the area is 
    prone to high ambient concentrations of carbon monoxide to contain 
    not less than 2.7 percent oxygen by weight (subject to a testing 
    tolerance established by the Administrator). The portion of the year 
    in which the area is prone to high ambient concentrations of carbon 
    monoxide shall be as determined by the Administrator, but shall not 
    be less than 4 months. At the request of a State with respect to any 
    area designated as nonattainment for carbon monoxide, the 
    Administrator may reduce the period specified in the preceding 
    sentence if the State can demonstrate that because of meteorological 
    conditions, a reduced period will assure that there will be no 
    exceedances of the carbon monoxide standard outside of such reduced 
    period. For areas with a carbon monoxide design value of 9.5 ppm or 
    more of \2\ November 15, 1990, the revision shall provide that such 
    requirement shall take effect no later than November 1, 1992 (or at 
    such other date during 1992 as the Administrator establishes under 
    the preceding provisions of this paragraph). For other areas, the 
    revision shall provide that such requirement shall take effect no 
    later than November 1 of the third year after the last year of the 
    applicable 2-year period referred to in paragraph (1) (or at such 
    other date during such third year as the Administrator establishes 
    under the preceding provisions of this paragraph) and shall include 
    a program for implementation and enforcement of the requirement 
    consistent with guidance to be issued by the Administrator.
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``as of''.
---------------------------------------------------------------------------

                             (3) Waivers

        (A) The Administrator shall waive, in whole or in part, the 
    requirements of paragraph (2) upon a demonstration by the State to 
    the satisfaction of the Administrator that the use of oxygenated 
    gasoline would prevent or interfere with the attainment by the area 
    of a national primary ambient air quality standard (or a State or 
    local ambient air quality standard) for any air pollutant other than 
    carbon monoxide.
        (B) The Administrator shall, upon demonstration by the State 
    satisfactory to the Administrator, waive the requirement of 
    paragraph (2) where the Administrator determines that mobile sources 
    of carbon monoxide do not contribute significantly to carbon 
    monoxide levels in an area.
        (C)(i) Any person may petition the Administrator to make a 
    finding that there is, or is likely to be, for any area, an 
    inadequate domestic supply of, or distribution capacity for, 
    oxygenated gasoline meeting the requirements of paragraph (2) or 
    fuel additives (oxygenates) necessary to meet such requirements. The 
    Administrator shall act on such petition within 6 months after 
    receipt of the petition.
        (ii) If the Administrator determines, in response to a petition 
    under clause (i), that there is an inadequate supply or capacity 
    described in clause (i), the Administrator shall delay the effective 
    date of paragraph (2) for 1 year. Upon petition, the Administrator 
    may extend such effective date for one additional year. No partial 
    delay or lesser waiver may be granted under this clause.
        (iii) In granting waivers under this subparagraph the 
    Administrator shall consider distribution capacity separately from 
    the adequacy of domestic supply and shall grant such waivers in such 
    manner as will assure that, if supplies of oxygenated gasoline are 
    limited, areas having the highest design value for carbon monoxide 
    will have a priority in obtaining oxygenated gasoline which meets 
    the requirements of paragraph (2).
        (iv) As used in this subparagraph, the term distribution 
    capacity includes capacity for transportation, storage, and 
    blending.

                     (4) Fuel dispensing systems

        Any person selling oxygenated gasoline at retail pursuant to 
    this subsection shall be required under regulations promulgated by 
    the Administrator to label the fuel dispensing system with a notice 
    that the gasoline is oxygenated and will reduce the carbon monoxide 
    emissions from the motor vehicle.

                      (5) Guidelines for credit

        The Administrator shall promulgate guidelines, within 9 months 
    after November 15, 1990, allowing the use of marketable oxygen 
    credits from gasolines during that portion of the year specified in 
    paragraph (2) with higher oxygen content than required to offset the 
    sale or use of gasoline with a lower oxygen content than required. 
    No credits may be transferred between nonattainment areas.

                        (6) Attainment areas

        Nothing in this subsection shall be interpreted as requiring an 
    oxygenated gasoline program in an area which is in attainment for 
    carbon monoxide, except that in a carbon monoxide nonattainment area 
    which is redesignated as attainment for carbon monoxide, the 
    requirements of this subsection shall remain in effect to the extent 
    such program is necessary to maintain such standard thereafter in 
    the area.

                  (7) Failure to attain CO standard

        If the Administrator determines under section 7512(b)(2) of this 
    title that the national primary ambient air quality standard for 
    carbon monoxide has not been attained in a Serious Area by the 
    applicable attainment date, the State shall submit a plan revision 
    for the area within 9 months after the date of such determination. 
    The plan revision shall provide that the minimum oxygen content of 
    gasoline referred to in paragraph (2) shall be 3.1 percent by weight 
    unless such requirement is waived in accordance with the provisions 
    of this subsection.

(n) Prohibition on leaded gasoline for highway use

    After December 31, 1995, it shall be unlawful for any person to 
sell, offer for sale, supply, offer for supply, dispense, transport, or 
introduce into commerce, for use as fuel in any motor vehicle (as 
defined in section 7554(2) \3\ of this title) any gasoline which 
contains lead or lead additives.
---------------------------------------------------------------------------
    \3\ So in original. Probably should be section ``7550(2)''.
---------------------------------------------------------------------------

(o) Fuel and fuel additive importers and importation

    For the purposes of this section, the term ``manufacturer'' includes 
an importer and the term ``manufacture'' includes importation.

(July 14, 1955, ch. 360, title II, Sec. 211, formerly Sec. 210, as added 
Pub. L. 90-148, Sec. 2, Nov. 21, 1967, 81 Stat. 502; renumbered and 
amended Pub. L. 91-604, Secs. 8(a), 9(a), Dec. 31, 1970, 84 Stat. 1694, 
1698; Pub. L. 92-157, title III, Sec. 302(d), (e), Nov. 18, 1971, 85 
Stat. 464; Pub. L. 95-95, title II, Secs. 222, 223, title IV, 
Sec. 401(e), Aug. 7, 1977, 91 Stat. 762, 764, 791; Pub. L. 95-190, 
Sec. 14(a)(73), (74), Nov. 16, 1977, 91 Stat. 1403, 1404; Pub. L. 101-
549, title II, Secs. 212-221, 228(d), Nov. 15, 1990, 104 Stat. 2488-
2500, 2510.)

                          Codification

    Section was formerly classified to section 1857f-6c of this title.


                            Prior Provisions

    A prior section 211 of act July 14, 1955, as added Nov. 21, 1967, 
Pub. L. 90-148, Sec. 2, 81 Stat. 503, provided for a national emissions 
standards study and was classified to section 1857f-6d of this title, 
prior to repeal by section 8(a) of Pub. L. 91-604.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549, Sec. 212, inserted ``(including 
any fuel or fuel additive used exclusively in nonroad engines or nonroad 
vehicles)'' after ``fuel or fuel additive''.
    Subsecs. (b)(2)(B), (c)(1). Pub. L. 101-549, Sec. 212(b), (c), 
inserted reference to nonroad engine or nonroad vehicle.
    Subsec. (c)(4)(A). Pub. L. 101-549, Sec. 213(a), substituted ``any 
characteristic or component of a'' for ``use of a'', inserted ``of the 
characteristic or component of a fuel or fuel additive'' after ``control 
or prohibition'' in cl. (i), and inserted ``characteristic or component 
of a'' after ``such'' in cl. (ii).
    Subsec. (c)(4)(C). Pub. L. 101-549, Sec. 213(b), inserted last two 
sentences, authorizing Administrator to make a finding that State 
control or prohibition is necessary to achieve the standard.
    Subsec. (d). Pub. L. 101-549, Sec. 228(d), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``Any person 
who violates subsection (a) or (f) of this section or the regulations 
prescribed under subsection (c) of this section or who fails to furnish 
any information required by the Administrator under subsection (b) of 
this section shall forfeit and pay to the United States a civil penalty 
of $10,000 for each and every day of the continuance of such violation, 
which shall accrue to the United States and be recovered in a civil suit 
in the name of the United States, brought in the district where such 
person has his principal office or in any district in which he does 
business. The Administrator may, upon application therefor, remit or 
mitigate any forfeiture provided for in this subsection and he shall 
have authority to determine the facts upon all such applications.''
    Subsec. (f)(1). Pub. L. 101-549, Sec. 214(a), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (f)(3). Pub. L. 101-549, Sec. 214(b), substituted reference 
to paragraph (1)(A) for reference to paragraph (1).
    Subsec. (g). Pub. L. 101-549, Sec. 215, amended subsec. (g) 
generally, substituting present provisions for provisions which defined 
``gasoline'', ``refinery'', and ``small refinery'' and which limited 
Administrator's authority to require small refineries to reduce average 
lead content per gallon of gasoline.
    Subsec. (h). Pub. L. 101-549, Sec. 216, added subsec. (h).
    Subsec. (i). Pub. L. 101-549, Sec. 217, added subsec. (i).
    Subsec. (j). Pub. L. 101-549, Sec. 218(a), added subsec. (j).
    Subsecs. (k) to (m). Pub. L. 101-549, Sec. 219, added subsecs. (k) 
to (m).
    Subsec. (n). Pub. L. 101-549, Sec. 220, added subsec. (n).
    Subsec. (o). Pub. L. 101-549, Sec. 221, added subsec. (o).
    1977--Subsec. (c)(1)(A). Pub. L. 95-95, Sec. 401(e), substituted 
``if in the judgment of the Administrator any emission product of such 
fuel or fuel additive causes, or contributes, to air pollution which may 
reasonably be anticipated to endanger'' for ``if any emission products 
of such fuel or fuel additive will endanger''.
    Subsec. (d). Pub. L. 95-95, Sec. 222(b), inserted ``or (f)'' after 
``Any person who violates subsection (a)''.
    Subsecs. (e), (f). Pub. L. 95-95, Sec. 222(a), added subsecs. (e) 
and (f).
    Subsec. (f)(2). Pub. L. 95-190, Sec. 14(a)(73), inserted provision 
relating to waiver under par. (4) of this subsec., and struck out 
``first'' before ``introduce''.
    Subsec. (f)(4). Pub. L. 95-190, Sec. 14(a)(74), inserted provision 
relating to applicability of limitation specified under par. (2) of this 
subsection.
    Subsec. (g). Pub. L. 95-95, Sec. 223, added subsec. (g).
    1971--Subsec. (c)(3)(A). Pub. L. 92-157, Sec. 302(d), substituted 
``purpose of obtaining'' for ``purpose of''.
    Subsec. (d). Pub. L. 92-157, Sec. 302(e), substituted ``subsection 
(b)'' for ``subsection (c)'' where appearing the second time.
    1970--Subsec. (a). Pub. L. 91-604, Sec. 9(a), substituted 
``Administrator'' for ``Secretary'' as the registering authority, 
inserted references to fuel additives, and substituted the selling, 
offering for sale, and introduction into commerce of fuel or fuel 
additives, for the delivery for introduction into interstate commerce or 
delivery to another person who can reasonably be expected to deliver 
fuel into interstate commerce.
    Subsec. (b). Pub. L. 91-604, Sec. 9(a), designated existing 
provisions as pars. (1) and (3), added par. (2), and substituted 
``Administrator'' for ``Secretary'' wherever appearing.
    Subsec. (c). Pub. L. 91-604, Sec. 9(a), substituted provisions 
covering the control or prohibition of offending fuels and fuel 
additives, for provisions covering trade secrets and substituted 
``Administrator'' for ``Secretary'' wherever appearing.
    Subsec. (d). Pub. L. 91-604, Sec. 9(a), inserted references to 
failure to obey regulations prescribed under subsec. (c) and failure to 
furnish information required by the Administrator under subsec. (c), 
increased the daily civil penalty from $1,000 to $10,000 and substituted 
``Administrator'' for ``Secretary''.
    Subsec. (e). Pub. L. 91-604, Sec. 9(a), struck out subsec. (e) which 
directed the various United States Attorneys to prosecute for the 
recovery of forfeitures.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


             Findings and Sense of Congress on Ethanol Usage

    Pub. L. 100-203, title I, Sec. 1508, Dec. 22, 1987, 101 Stat. 1330-
29, provided that:
    ``(a) Findings.--Congress finds that--
        ``(1) the United States is dependent for a large and growing 
    share of its energy needs on the Middle East at a time when world 
    petroleum reserves are declining;
        ``(2) the burning of gasoline causes pollution;
        ``(3) ethanol can be blended with gasoline to produce a cleaner 
    source of fuel;
        ``(4) ethanol can be produced from grain, a renewable resource 
    that is in considerable surplus in the United States;
        ``(5) the conversion of grain into ethanol would reduce farm 
    program costs and grain surpluses; and
        ``(6) increasing the quantity of motor fuels that contain at 
    least 10 percent ethanol from current levels to 50 percent by 1992 
    would create thousands of new jobs in ethanol production facilities.
    ``(b) Sense of Congress.--It is the sense of Congress that the 
Administrator of the Environmental Protection Agency should use 
authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.) to 
require greater use of ethanol as motor fuel.''


             Agricultural Machinery: Study of Unleaded Fuel

    Pub. L. 99-198, title XVII, Sec. 1765, Dec. 23, 1985, 99 Stat. 1653, 
directed Administrator of EPA and Secretary of Agriculture jointly to 
conduct a study of use of fuel containing lead additives, and 
alternative lubricating additives, in gasoline engines that are used in 
agricultural machinery, and designed to combust fuel containing such 
additives, study to analyze potential for mechanical problems (including 
but not limited to valve recession) that may be associated with use of 
other fuels in such engines, and not later than Jan. 1, 1987, 
Administrator and Secretary to publish results of the study, with 
Administrator to publish in Federal Register notice of publication of 
such study and a summary thereof; directed Administrator, after notice 
and opportunity for hearing, but not later than 6 months after 
publication of the study, to make findings and recommendations on need 
for lead additives in gasoline to be used on a farm for farming 
purposes, including a determination of whether a modification of 
regulations limiting lead content of gasoline would be appropriate in 
the case of gasoline used on a farm for farming purposes, and submit to 
President and Congress a report containing the study, a summary of 
comments received during public hearing (including comments of 
Secretary), and findings and recommendations of Administrator made in 
accordance with clause (1), such report to be transmitted named 
congressional committees; directed Administrator between Jan. 1, 1986, 
and Dec. 31, 1987, to monitor actual lead content of leaded gasoline 
sold in the United States, with Administrator to determine average lead 
content of such gasoline for each 3-month period between Jan. 1, 1986, 
and Dec. 31, 1987, and if actual lead content falls below an average of 
0.2 of a gram of lead per gallon in any such 3-month period, to report 
to Congress, and publish a notice thereof in Federal Register; provided 
that until Jan. 1, 1988, no regulation of Administrator issued under 
this section 211 could require an average lead content per gallon that 
is less than 0.1 of a gram per gallon; and authorized an appropriation.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7416, 7511a, 7511b, 7521, 
7524, 7604, 7607, 7617, 7651i, 13220 of this title; title 26 section 
4082.
