42 U.S.C. § 7545 — Regulation of fuels

(a) Authority of Administrator^* to regulate. The Administrator may designate any fuel or fuel additive by regulation, including one used only in nonroad engines or nonroad vehicles. After the date or dates the Administrator sets, a manufacturer or processor may not sell, offer for sale, or put that fuel or additive into commerce^* unless the Administrator has registered it under subsection (b).

(b) Registration requirement. (1) To register fuels and fuel additives, the Administrator must require the following information:

(A) A fuel manufacturer must report the commercial name and manufacturer of every additive in the fuel, the range of the additive’s concentration in the fuel, and the additive’s purpose in use.

(B) An additive manufacturer must report the additive’s chemical composition.

(2) On a regular basis, the Administrator must require each fuel or fuel-additive manufacturer to do the following:

(A) Conduct tests for possible effects of the fuel or additive on public health and the environment, including cancer-causing, birth-defect-causing, and mutation-causing effects.

(B) Provide a description of every analytical method that can detect and measure an additive in the fuel; the recommended concentration range; the recommended purpose in use; and other information reasonably necessary to determine emissions from using the fuel or additive, its effect on emission-control performance in a vehicle, vehicle engine, nonroad engine, or nonroad vehicle, and the extent to which the emissions affect public health or welfare.

The tests under subparagraph (A) must follow procedures and protocols established by the Administrator. The test results are not confidential.

(3) When the manufacturer complies with this subsection, including assuring that the Administrator will receive changes to the required information, the Administrator must register the fuel or fuel additive.

(4) Study on certain fuel additives and blendstocks. (A) No later than 2 years after August 8, 2005, the Administrator must do three things. First, the Administrator must study the public-health effects, including effects on children, pregnant women, minority or low-income communities, and other sensitive populations, and the effects on air quality and water resources, of increased use of the following substances and whether they could feasibly replace methyl tertiary butyl ether in gasoline: ethyl tertiary butyl ether; tertiary amyl methyl ether; di-isopropyl ether; tertiary butyl alcohol; other ethers and heavy alcohols selected by the Administrator; ethanol; iso-octane; and alkylates. Second, the Administrator must study those same kinds of effects from adjusting the volatile-organic-compound performance requirements for ethanol-blended reformulated gasoline that apply under paragraphs (1) and (3) of subsection (k). Third, the Administrator must send the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce a report describing the results of both studies.

(B) The Administrator may carry out this paragraph through one or more contracts with nongovernmental organizations, such as national energy laboratories and institutions of higher education. For this provision, “institutions of higher education” has the meaning in section 1001 of title 20; this section does not define that term.

(c) Offending fuels and fuel additives; control; prohibition. (1) From time to time, using information obtained under subsection (b) or other available information, the Administrator may by regulation control or prohibit making, putting into commerce, offering for sale, or selling a fuel or fuel additive for a motor vehicle^*, motor vehicle engine, nonroad engine, or nonroad vehicle if either condition applies:

(A) In the Administrator’s judgment, the fuel, additive, or an emission product from it causes or contributes to air pollution or water pollution, including a decline in groundwater quality, that may reasonably be expected to endanger public health or welfare.

(B) Emission products from the fuel or additive will significantly reduce the performance of an emission-control device or system that is generally used, or that the Administrator finds has been developed far enough that it would generally be used within a reasonable time if the regulation were issued.

(2) (A) The Administrator may control or prohibit a fuel, class of fuels, or additive under paragraph (1)(A) only after considering all relevant available medical and scientific evidence, including other technologically or economically feasible ways to meet the emission standards in section 7521 of this title.

(B) The Administrator may control or prohibit a fuel or additive under paragraph (1)(B) only after considering available scientific and economic data. That consideration must include a cost-benefit analysis comparing emission-control devices or systems that are, or will be, generally used and require the proposed control or prohibition with devices or systems that are, or will be, generally used and do not require it. If a motor-vehicle, motor-vehicle-engine, fuel, or fuel-additive manufacturer asks within 10 days after notice of proposed rulemaking, the Administrator must hold a public hearing and publish findings on each matter this subparagraph requires the Administrator to consider. The findings must be published when the final regulations are issued.

(C) The Administrator may not prohibit a fuel or additive under paragraph (1) unless the Administrator finds and publishes that the prohibition will not cause people to use another fuel or additive whose emissions would endanger public health or welfare to the same or a greater degree.

(3) (A) To obtain evidence and data for paragraph (2), the Administrator may require a motor-vehicle or motor-vehicle-engine manufacturer to provide information developed about vehicle emissions resulting from a fuel or additive, or about the effect of that use on an emission-control device or system.

(B) Section 7607(a) of this title, concerning subpoenas, applies when the Administrator obtains information under subparagraph (A).

(4) (A) Unless subparagraph (B) or (C) applies, a State^* or its political subdivision may not, for motor-vehicle emission control, prescribe or try to enforce a control or prohibition concerning a characteristic or component of a fuel or additive in a motor vehicle or motor-vehicle engine in either situation: (i) the Administrator has found that no control or prohibition under paragraph (1) is necessary and published that finding in the Federal Register; or (ii) the Administrator has prescribed a control or prohibition under paragraph (1) for that characteristic or component, unless the State’s control or prohibition is identical to the Administrator’s.

(B) A State whose application of section 7543(a) has ever been waived under section 7543(b) may at any time prescribe and enforce a fuel or fuel-additive control or prohibition for motor-vehicle emission control.

(C) (i) A State may prescribe and enforce a control or prohibition on using a fuel or additive in a motor vehicle or motor-vehicle engine if the State’s applicable implementation plan^* under section 7410 provides for it. The Administrator may approve that provision, or put it into an implementation plan, only after finding that the State control or prohibition is necessary to achieve the national primary or secondary ambient air-quality standard implemented by the plan. The Administrator may make that finding if no other measure would achieve the standard on time, or if other measures exist and are technically possible but unreasonable or impracticable. The Administrator may make this finding even if the area’s plan lacks an approved demonstration of timely attainment.

(ii) After consulting with and obtaining the concurrence of the Secretary^* of Energy, the Administrator may temporarily waive a fuel or additive control or prohibition required or regulated under subsection (c), (h), (i), (k), or (m), or included in an applicable implementation plan approved under clause (i), if the Administrator determines that: (I) extreme and unusual supply circumstances in a State or region prevent distribution of an adequate supply to consumers; (II) those circumstances resulted from a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented, and did not result from suppliers’ lack of prudent planning; and (III) granting the waiver is in the public interest, such as when it is needed to address a temporary projected shortage that cannot otherwise be covered.

(iii) A waiver based on those circumstances is allowed only if: (I) it covers the smallest geographic area needed; (II) it lasts 20 calendar days, or the shortest practicable period needed if the Administrator finds a shorter period adequate, to correct the supply problem and reduce its effect on air quality; (III) it allows a transition period, set by the Administrator for the shortest practicable time, after the waiver ends so wholesalers and retailers can blend down their inventories; (IV) it applies to everyone in the motor-fuel distribution system; and (V) the Administrator gives public notice to all parties in that system and to local and State regulators in the covered State or region. The Administrator must define “motor fuel distribution system” by rule; this section does not define that term.

(iv) Within 180 days after August 8, 2005, the Administrator must issue regulations implementing clauses (ii) and (iii).

(v) Prevention of air-quality deterioration. (1) Study. (A) Within 18 months after December 19, 2007, the Administrator must finish a study on whether the renewable-fuel volumes required by this section will harm air quality because of changes in vehicle and engine emissions of pollutants regulated under this chapter. (B) The study must consider different blend levels, renewable-fuel types, available vehicle technologies, and suitable national, regional, and local air-quality controls.

(2) Regulations. Within 3 years after December 19, 2007, the Administrator must either issue fuel regulations implementing appropriate measures to reduce as much as achievable, in light of the study, any air-quality harm from the required renewable-fuel volumes, or determine that no such measures are necessary.

(v) Prevention of air-quality deterioration. (1) Study. (A) Within 18 months after December 19, 2007, the Administrator must finish a study on whether the renewable-fuel volumes required by this section will harm air quality because of changes in vehicle and engine emissions of pollutants regulated under this chapter. (B) The study must consider different blend levels, renewable-fuel types, available vehicle technologies, and suitable national, regional, and local air-quality controls.

(2) Regulations. Within 3 years after December 19, 2007, the Administrator must either issue fuel regulations implementing appropriate measures to reduce as much as achievable, in light of the study, any air-quality harm from the required renewable-fuel volumes, or determine that no such measures are necessary.

(d) Penalties and injunctions. (1) Civil penalties. A person^* who violates subsection (a), (f), (g), (k), (l), (m), (n), or (o), violates a regulation under subsection (c), (h), (i), (k), (l), (m), (n), or (o), or fails to provide information or conduct tests required under subsection (b), is liable to the United States for a civil penalty of up to $25,000 for each day of the violation plus the economic benefit or savings from the violation. If a regulation under subsection (c), (k), (l), or (o) sets a standard using an average over several days, each day in that averaging period is a separate violation day. Penalties are assessed under subsections (b) and (c) of section 7524.

(2) Injunctive authority. United States district courts may restrain violations of subsections (a), (f), (g), (k), (l), (m), (n), and (o), and violations of regulations under subsections (c), (h), (i), (k), (l), (m), (n), and (o). The courts may award other suitable relief and require information and tests that the Administrator required under subsection (b). The United States must bring these actions in its own name. A subpoena for a witness required to attend a district court may reach into another district.

(e) Testing of fuels and fuel additives. (1) Within 1 year after August 7, 1977, after notice and an opportunity for a public hearing, the Administrator must issue regulations implementing the authority in subsection (b)(2)(A) and (B) for every fuel or additive registered when the regulations are issued and every fuel or additive for which registration is later requested.

(2) Those regulations must require each manufacturer to give the required information: (A) before registration, for a fuel or additive not registered when the regulations are issued; or (B) within 3 years after the regulations are issued, for one registered on that date.

(3) The regulations may: (A) exempt a small business, or delay or change its requirements, with “small business” defined by the regulations; this section does not define it; (B) share testing costs or otherwise assign shared responsibility when two or more people make or process the fuel or additive, without duplicate work; and (C) exempt a person for a particular fuel or additive if additional testing would duplicate adequate existing testing.

(f) New fuels and fuel additives. (1)(A) Beginning March 31, 1977, a manufacturer may not first put into commerce, or increase the concentration in use of, a fuel or fuel additive for general use in light-duty motor vehicles made after model year^* 1974 unless it is substantially similar to a fuel or additive used to certify a model-year 1975 or later vehicle or engine under section 7525. (B) Beginning November 15, 1990, the same prohibition applies to any fuel or additive for use by anyone in motor vehicles made after model year 1974. (2) Beginning November 30, 1977, a fuel manufacturer may not put into commerce gasoline containing more than 0.0625 grams of manganese per gallon, unless a waiver under paragraph (4) applies. (3) A manufacturer that, after January 1, 1974 and before March 31, 1977, first put into commerce or increased the concentration of a fuel or additive that paragraph (1)(A) would have prohibited must stop distributing it in commerce by September 15, 1978. During the period beginning 180 days after August 7, 1977 and ending September 15, 1978, the Administrator must prohibit or restrict the concentration of any additive that the Administrator determines would cause or contribute to an emission-control device or system failing, over its useful life, to meet the vehicle’s applicable emission standards. (4) The Administrator may waive paragraph (1) for a fuel or additive if the manufacturer shows, and the Administrator finds, that the fuel or additive will not cause or contribute to a failure of an emission-control device or system to meet applicable standards over its useful life. The Administrator must decide a waiver application within 270 days after receiving it. (5) Filing an application for a waiver does not stay the operation of paragraph (1).

(g) Misfueling. (1) No person may introduce, or cause or allow the introduction of, leaded gasoline into a motor vehicle that is labeled “unleaded gasoline only,” has a filler inlet designed for unleaded gasoline, is a model-year 1990 or later vehicle, or that the person knows or should know is designed solely for unleaded gasoline. (2) Beginning October 1, 1993, no person may introduce, or cause or allow the introduction of, diesel fuel into a motor vehicle if the person knows or should know that it contains more than 0.05 percent sulfur by weight or fails to meet a minimum cetane index of 40, or an equivalent alternative aromatic level prescribed under subsection (i)(2)).

(h) Reid Vapor Pressure requirements. (1) Within 6 months after November 15, 1990, the Administrator must issue regulations making it unlawful during the high-ozone season to sell, offer for sale, dispense, supply, offer for supply, transport, or put into commerce gasoline with a Reid Vapor Pressure above 9.0 pounds per square inch (psi). For nonattainment areas, the regulations must set stricter standards when the Administrator finds them needed generally to achieve comparable evaporative emissions per vehicle, considering enforceability, the area’s need for emission control, and economic factors. (2) The regulations may not make it unlawful to sell, offer for supply, transport, or put into commerce gasoline at 9.0 psi or below in an area designated an attainment area under section 7407. The Administrator may nevertheless require less than 9.0 psi in an area formerly designated nonattainment for ozone that was redesignated attainment. (3) The requirements must take effect no later than the high-ozone season of 1992, and the regulations must include provisions needed to implement and enforce them. (4) A blend of gasoline and 10 percent denatured anhydrous ethanol may have a Reid Vapor Pressure limit 1 psi above the applicable paragraph (1) limit. A distributor, blender, marketer, reseller, carrier, retailer, or wholesale purchaser-consumer is deemed compliant if it can show acceptable certification or other evidence that the gasoline portion meets the applicable limit, the ethanol portion does not exceed its subsection (f)(4) waiver condition, and no extra alcohol or other additive was added to raise the ethanol portion’s Reid Vapor Pressure. (5)(A) After a Governor notifies the Administrator, with supporting documents, that the paragraph (4) limit will increase air-pollution emissions in an area, the Administrator must by regulation apply the paragraph (1) limit instead to all such 10-percent ethanol blends sold, offered, dispensed, supplied, transported, or put into commerce there during the high-ozone season. (B) The Administrator must issue that regulation within 90 days after receiving the notice. (C)(i) It takes effect on the later of the first day of the area’s first high-ozone season beginning after receipt of the notice or 1 year after receipt. (ii) If, after consulting the Secretary of Energy, the Administrator finds that the regulation would cause an insufficient gasoline supply, the Administrator must extend the date for up to 1 year and may renew the extension twice for up to 1 year each. The Administrator must act on a petition within 180 days. (6) This subsection applies only to the 48 contiguous States and the District of Columbia.

(i) Sulfur content requirements for diesel fuel. (1) Beginning October 1, 1993, no person may manufacture, sell, supply, offer for sale or supply, dispense, transport, or put into commerce motor-vehicle diesel fuel containing more than 0.05 percent sulfur by weight or failing to meet a minimum cetane index of 40. (2) Within 12 months after November 15, 1990, the Administrator must issue regulations to implement and enforce paragraph (1). The Administrator may require manufacturers and importers of diesel fuel not intended for motor vehicles to dye it in a specified way, and may establish an equivalent alternative aromatic level for the cetane-index requirement. (3) Fuel used to certify heavy-duty diesel vehicles and engines of model years 1991 through 1993 must contain no more than 0.10 percent sulfur by weight. Fuel used to certify 1994 and later model years must meet the sulfur and cetane-index requirements in the paragraph (2) regulations. (4) Alaska and Hawaii may be exempted in the manner provided by section 7625. The Administrator must take final action on an exemption petition under section 7625 or this paragraph within 12 months after the petition is filed.

(i) Sulfur content requirements for diesel fuel. (1) Beginning October 1, 1993, no person may manufacture, sell, supply, offer for sale or supply, dispense, transport, or put into commerce motor-vehicle diesel fuel containing more than 0.05 percent sulfur by weight or failing to meet a minimum cetane index of 40. (2) Within 12 months after November 15, 1990, the Administrator must issue regulations to implement and enforce paragraph (1). The Administrator may require manufacturers and importers of diesel fuel not intended for motor vehicles to dye it in a specified way, and may establish an equivalent alternative aromatic level for the cetane-index requirement. (3) Fuel used to certify heavy-duty diesel vehicles and engines of model years 1991 through 1993 must contain no more than 0.10 percent sulfur by weight. Fuel used to certify 1994 and later model years must meet the sulfur and cetane-index requirements in the paragraph (2) regulations. (4) Alaska and Hawaii may be exempted in the manner provided by section 7625. The Administrator must take final action on an exemption petition under section 7625 or this paragraph within 12 months after the petition is filed.

(j) Lead substitute gasoline additives. (1) After November 15, 1990, a person proposing to register a gasoline additive under subsection (a), or to use a previously registered additive as a lead substitute, may also choose to register it as a lead-substitute gasoline additive for reducing valve-seat wear. The person must provide the product-identity and composition information the Administrator considers necessary for paragraph (2), in addition to information required under subsection (b). (2) In addition to other testing under subsection (b), the Administrator must develop and publish a test procedure for effectiveness in reducing valve-seat wear and for the additive’s tendency to cause engine deposits and other adverse side effects. The Administrator must develop it with the Secretary of Agriculture and with input from additive manufacturers, engine and engine-component manufacturers, and other interested people. The Administrator must arrange for an independent laboratory to test each additive. The Administrator must publish the results by company and additive name in the Federal Register, together with comparison results from the same procedure applied to gasoline containing 0.1 gram of lead per gallon instead. The Administrator may not rank or rate the additives. Test procedures are due within 1 year after November 15, 1990; testing is due within 18 months after that date or 6 months after the additives are identified to the Administrator, whichever is later. (3) The Administrator may charge a user fee to recover testing costs, paid by the person proposing registration, but it may not exceed $20,000 for any additive. (4) Congress authorizes up to $1,000,000 for the second full fiscal year after November 15, 1990, and up to $500,000 per year for each of the next 5 fiscal years, for the Administrator to establish procedures and conduct the required engine tests. (5) Fees collected under this subsection must go into a special Treasury fund for licensing and other services. The money is available for appropriation, remains available until spent, and must be used for the Agency activities for which the fees were collected.

(k) Reformulated gasoline for conventional vehicles. (1) Definition of PADD. “PADD” means a Petroleum Administration for Defense District; this section does not define that term. “PADD” means a Petroleum Administration for Defense District; this section does not define that term. “PADD” means a Petroleum Administration for Defense District; this section does not define that term. “PADD” means a Petroleum Administration for Defense District; this section does not define that term. “PADD” means a Petroleum Administration for Defense District. This section does not otherwise define that term.

(2) General requirements. The requirements apply in the specified nonattainment areas and dates, and use the greatest achievable reductions in emissions. The requirements apply in the specified nonattainment areas and dates, and use the greatest achievable reductions in emissions. The requirements apply in the specified nonattainment areas and dates, and use the greatest achievable reductions in emissions. The requirements apply in the specified nonattainment areas and dates, and use the greatest achievable reductions in emissions. The Administrator must require reformulated gasoline in the areas and during the periods specified in this subsection. Each gallon must meet the applicable requirements for oxygen, benzene, volatile organic compounds, nitrogen oxides, toxic air pollutants, and other characteristics set by this subsection and the implementing regulations.

(3) Baseline and performance requirements. The Administrator must determine the required baseline gasoline and must require emissions reductions from reformulated gasoline compared with that baseline. The requirements apply to the tests, averages, gasoline properties, and compliance calculations specified in the supplied provision. A manufacturer, importer, or other regulated person must use the required certification and recordkeeping methods.

(4) Certification procedures. The Administrator must certify formulations and slates of formulations; a person may petition, and the Administrator must approve or deny within 180 days, with certification continuing until action if the Administrator misses that deadline. Certification requires paragraph (2) compliance and equivalent or greater VOC^* and toxic-pollutant reductions than paragraph (3). The formula and performance standards include the specified 15-percent, 25-percent, and 20-percent thresholds, as well as the 1.0-percent benzene limit. The formula and performance standards include the specified 15-percent, 25-percent, and 20-percent thresholds, as well as the 1.0-percent benzene limit. (A) Benzene. Reformulated gasoline may contain no more than 1.0 percent benzene by volume. (B) Toxics. The required toxic-air-pollution reduction must be measured against the applicable baseline and must meet the percentages, averaging rules, and dates specified in the provision.

(5) VOC emissions. During the high-ozone season, reformulated gasoline must meet the applicable volatile-organic-compound emissions performance requirements. The requirements differ according to the areas, gasoline, and periods identified in the provision.

(6) NOx emissions. The gasoline must not cause an increase in nitrogen-oxide emissions above the applicable baseline, measured under the procedures specified in the provision.

(7) Regional protection of toxics-reduction baselines. The Administrator must protect the regional baseline used for toxic-emission reductions. (A) Benzene content may not exceed 1.0 percent by volume. (B) The Administrator must use the applicable regional baseline and may revise it only under the conditions and procedures specified in this paragraph.

(8) Anti-dumping rules. Within 1 year after November 15, 1990, the Administrator must regulate refiners, blenders, and importers so conventional gasoline does not exceed their 1990 average per-gallon emissions of VOCs, nitrogen oxides, carbon monoxide, or toxic pollutants; the rules take effect January 1, 1995. Each pollutant is a separate violation, subject to the specified oxygenate offset for nitrogen oxides, compliance periods, and baseline substitution when reliable 1990 composition data are unavailable. A refiner, importer, blender, or other person subject to this subsection must meet the applicable fuel standard and must keep and provide the required records, reports, samples, and test results. The Administrator may establish credit, averaging, deficit, and corrective-action rules as specified in the provision.

(9) Emissions from the entire vehicle. Applying this subsection must account for evaporative, running, refueling, and exhaust emissions from the entire motor vehicle. (10) Definitions. “Baseline vehicles” means representative model-year 1990 vehicles. “Baseline gasoline” means the specified summertime gasoline (API gravity 57.4; sulfur 339 ppm; benzene 1.53%; RVP 8.7 psi; octane 87.3; IBP 91°F; 10% 128°F; 50% 218°F; 90% 330°F; endpoint 415°F; aromatics 32.0%; olefins 9.2%; saturates 58.8%) and, for other times, 1990 industry-average gasoline specifications set by the Administrator. “Toxic air pollutants” are benzene, 1,3-butadiene, polycyclic organic matter, acetaldehyde, and formaldehyde. “Covered areas” are the 9 listed large ozone nonattainment areas with the highest 1987–1989 ozone design values, plus a Severe ozone nonattainment area beginning 1 year after reclassification. “Reformulated gasoline” is gasoline certified under this section; “conventional gasoline” is gasoline that does not meet those certification specifications.

(9) Emissions from the entire vehicle. Applying this subsection must account for evaporative, running, refueling, and exhaust emissions from the entire motor vehicle. (10) Definitions. “Baseline vehicles” means representative model-year 1990 vehicles. “Baseline gasoline” means the specified summertime gasoline (API gravity 57.4; sulfur 339 ppm; benzene 1.53%; RVP 8.7 psi; octane 87.3; IBP 91°F; 10% 128°F; 50% 218°F; 90% 330°F; endpoint 415°F; aromatics 32.0%; olefins 9.2%; saturates 58.8%) and, for other times, 1990 industry-average gasoline specifications set by the Administrator. “Toxic air pollutants” are benzene, 1,3-butadiene, polycyclic organic matter, acetaldehyde, and formaldehyde. “Covered areas” are the 9 listed large ozone nonattainment areas with the highest 1987–1989 ozone design values, plus a Severe ozone nonattainment area beginning 1 year after reclassification. “Reformulated gasoline” is gasoline certified under this section; “conventional gasoline” is gasoline that does not meet those certification specifications.

(9) Emissions from the entire vehicle. Applying this subsection must account for evaporative, running, refueling, and exhaust emissions from the entire motor vehicle. (10) Definitions. “Baseline vehicles” means representative model-year 1990 vehicles. “Baseline gasoline” means the specified summertime gasoline (API gravity 57.4; sulfur 339 ppm; benzene 1.53%; RVP 8.7 psi; octane 87.3; IBP 91°F; 10% 128°F; 50% 218°F; 90% 330°F; endpoint 415°F; aromatics 32.0%; olefins 9.2%; saturates 58.8%) and, for other times, 1990 industry-average gasoline specifications set by the Administrator. “Toxic air pollutants” are benzene, 1,3-butadiene, polycyclic organic matter, acetaldehyde, and formaldehyde. “Covered areas” are the 9 listed large ozone nonattainment areas with the highest 1987–1989 ozone design values, plus a Severe ozone nonattainment area beginning 1 year after reclassification. “Reformulated gasoline” is gasoline certified under this section; “conventional gasoline” is gasoline that does not meet those certification specifications.

(l) Detergents. 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 a person who sells or dispenses to ultimate consumers in the United States, gasoline that does not contain additives to prevent deposits from accumulating in engines or fuel-supply systems. Within 2 years after November 15, 1990, the Administrator must issue a rule establishing specifications for those additives.

(m) Oxygenated fuels. (1)(A) Each State containing all or part of a carbon-monoxide nonattainment area with a 1988–1989 carbon-monoxide design value of at least 9.5 ppm, calculated under the Administrator’s then-most-recent interpretation method, must submit a section 7410 and part D plan revision containing this subsection’s oxygenated-gasoline provisions. (B) A State must also submit that revision for an area whose design value reaches at least 9.5 ppm in any 2-year period after 1989, within 18 months after that period. (2) The plan must require gasoline sold or dispensed to ultimate consumers in the nonattainment area, and gasoline sold or dispensed by refiners or marketers to people who sell or dispense to ultimate consumers, in the larger of the area’s CMSA or, if none, its MSA, to contain at least 2.7 percent oxygen by weight during the period the area is prone to high carbon-monoxide concentrations. The Administrator sets that period, but it must be at least 4 months; at a State’s request it may be shorter if the State demonstrates that weather conditions will prevent carbon-monoxide exceedances outside the shorter period. For areas with the 9.5-ppm value as of November 15, 1990, the requirement must begin no later than November 1, 1992. For other areas, it must begin no later than November 1 of the third year after the last year of the relevant 2-year period, and the plan must include an implementation and enforcement program consistent with Administrator guidance. (3)(A) The Administrator must waive all or part of the requirement if the State shows that oxygenated gasoline would prevent or interfere with attaining another national primary, State, or local ambient-air-quality standard. (B) The Administrator must waive it if the State shows that mobile carbon-monoxide sources do not significantly contribute to the area’s carbon-monoxide levels. (C)(i) Anyone may petition for a finding of inadequate domestic supply or distribution capacity for compliant oxygenated gasoline or needed oxygenates. The Administrator must act within 6 months. (ii) If the Administrator finds that condition, the effective date is delayed 1 year; on petition it may be extended 1 additional year. No partial delay or lesser waiver is allowed. (iii) The Administrator must consider distribution capacity separately from domestic supply and must prioritize areas with the highest carbon-monoxide design values when supply is limited. (iv) Distribution capacity includes transportation, storage, and blending. (4) A retail oxygenated-gasoline dispenser must be labeled, under Administrator regulations, to say the gasoline is oxygenated and will reduce motor-vehicle carbon-monoxide emissions. (5) Within 9 months after November 15, 1990, the Administrator must issue guidelines allowing marketable oxygen credits from gasoline with more oxygen than required to offset gasoline with less. Credits may not move between nonattainment areas. (6) This subsection does not require an oxygenated-gasoline program in a carbon-monoxide attainment area, but a program in a nonattainment area redesignated attainment remains in effect as needed to maintain the standard. (7) If the Administrator determines under section 7512(b)(2) that the carbon-monoxide standard was not attained in a Serious Area by the applicable date, the State must submit a plan revision within 9 months. It must require 3.1 percent oxygen by weight unless waived under this subsection.

(n) Prohibition on leaded gasoline for highway use. After December 31, 1995, no person may sell, offer for sale, supply, offer for supply, dispense, transport, or put into commerce, for use as fuel in any motor vehicle (as defined in section 7554(2)), gasoline containing lead or lead additives.

(o) Renewable fuel program. (1) Definitions. “Additional renewable fuel” means renewable-biomass fuel used to replace or reduce fossil fuel in home-heating oil or jet fuel. “Advanced biofuel” means non-corn-starch-ethanol renewable fuel with lifecycle greenhouse-gas emissions at least 50 percent below baseline. “Biomass-based diesel” must also meet the 50-percent threshold; co^*-processed biomass and petroleum that meets advanced-biofuel requirements is advanced biofuel, not biomass-based diesel. “Cellulosic biofuel” has a 60-percent threshold. “Conventional biofuel” means corn-starch ethanol. “Greenhouse gas” includes carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride, plus another anthropogenic gas the Administrator adds after notice and comment. “Lifecycle greenhouse-gas emissions” cover direct and significant indirect emissions, including land-use changes, through feedstock production or extraction, fuel production and distribution, delivery, and use, adjusted for global-warming potential. “Cellulosic biofuel” means renewable fuel made from cellulose, hemicellulose, or lignin and meeting the other conditions in the supplied provision. “Renewable fuel” means fuel produced from renewable biomass and used to replace or reduce fossil-fuel use. “Renewable biomass” includes the categories listed in subsection (s)(4)(B), but excludes old-growth timber. These terms are used with the limits and additional definitions stated in the provision; this section does not add definitions beyond those supplied.

(2) Renewable-fuel volume requirements. (A) The Administrator must issue regulations requiring the total amount of renewable fuel used in transportation fuel to reach at least the annual amounts established in the provision. The rules must allocate obligations among obligated parties and must provide for renewable-identification numbers or equivalent credits. (B) The tables in the provision set the minimum annual volumes for total renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel. The Administrator must apply the table values for each listed calendar year and must use the procedures, criteria, and standards stated for adjusting them.

(3) Estimates. Each year the Administrator must estimate renewable-fuel production and availability using the deadlines and information sources specified in the provision. The estimates must address total renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel as required.

(4) Lifecycle greenhouse-gas reduction. Renewable fuel counted under the program must meet the applicable lifecycle greenhouse-gas reduction percentage. The calculation must include emissions from producing and transporting the fuel, land-use change, and use of the fuel, as specified in the provision. The applicable percentages and grandfathering rules are those stated in the provision.

(5) Credits. A person who uses more renewable fuel than required may receive credits under the regulations. Credits may be transferred or used as the provision and regulations allow. The Administrator must establish rules for generating, identifying, trading, banking, using, and retiring credits, and for preventing double counting.

(6) Waivers and adjustments. The Administrator may waive or reduce a renewable-fuel requirement when the required fuel is not available in adequate amounts, when using it would severely harm the economy or environment, or when the conditions otherwise specified in the provision are met. The Administrator must follow the petition, notice, consultation, finding, and time requirements in the provision.

(7) Special rules. (A) Biomass-based diesel. The applicable annual biomass-based-diesel volume is the amount shown in the table. The Administrator must set later volumes according to the statutory factors, including production, market, feedstock, and environmental information. (B) Cellulosic biofuel. If projected production is below the table’s minimum, the Administrator must reduce the required volume to the projected available volume. The Administrator may also reduce the renewable-fuel and advanced-biofuel requirements by the same or a smaller amount. When the Administrator makes that reduction, the Administrator must make cellulosic credits available for sale at the higher of 25 cents per gallon or the amount by which $3.00 per gallon exceeds the average United States wholesale gasoline price, adjusted for inflation after 2008. Within 18 months after December 19, 2007, the Administrator must issue credit regulations. The exact price may not change more than once per quarter, and the rules must address credit use, useful life, liquidity, transparency, certainty, misuse, and the annual credit limit. (C) Biomass-based diesel. The Administrator must periodically evaluate the effect of the requirement on diesel prices. If a major renewable-feedstock disruption or other market circumstance would significantly increase the price, the Administrator, after consulting the Secretaries of Energy and Agriculture, must reduce the requirement for up to 60 days by an appropriate amount not exceeding 15 percent of the annual requirement. The Administrator may also reduce the renewable-fuel and advanced-biofuel requirements by the same or a smaller amount. If the problem continues, the Administrator may order an additional reduction for up to 60 days, also not exceeding an additional 15 percent. (D) Modification of volumes. If the Administrator waives at least 20 percent of a table’s requirement for 2 consecutive years, or at least 50 percent for one year, the Administrator must issue a rule within 1 year modifying the table’s future volumes. No modification may apply to a year before 2016, and the Administrator must follow paragraph (2)(B)(ii).

(8) Study and waiver for the initial program year. (A) Within 180 days after August 8, 2005, the Secretary of Energy must study for the Administrator whether the paragraph (2) requirement is likely to cause significant adverse consumer effects in 2006 nationally, regionally, or in a State. (B) The study must evaluate renewable-fuel supplies and prices, blendstock supplies, and supply-and-distribution capabilities. (C) Based on the study, the Secretary must recommend whether the Administrator should waive all or part of the requirement. (D) Within 270 days after August 8, 2005, the Administrator must, if and to the extent the Secretary recommends, waive all or part of the 2006 requirement by reducing the national required quantity. This does not limit the Administrator’s separate waiver authority under paragraph (7).

(9) Small refineries. (A) The paragraph (2) requirements do not apply to small refineries until calendar year 2011. The Secretary of Energy must study by December 31, 2008, whether compliance would impose disproportionate economic hardship. If the Secretary finds that it would for a refinery, the Administrator must extend its exemption for at least 2 additional years. (B) A small refinery may petition at any time for an extension based on disproportionate economic hardship. In consultation with the Secretary of Energy, the Administrator must consider the study’s findings and other economic factors and must act within 90 days. (C) If a small refinery tells the Administrator it gives up the exemption, the regulations must allow it to generate credits under paragraph (5) beginning in the next calendar year. (D) The refinery becomes subject to paragraph (2) when it gives up the exemption.

(10) Ethanol market concentration analysis. (A) Within 180 days after August 8, 2005, and every year afterward, the Federal Trade Commission must analyze concentration in the ethanol-production industry using the Herfindahl-Hirschman Index to determine whether competition is sufficient to avoid price-setting and other anticompetitive conduct. All marketing arrangements among industry participants must count in the score. (B) By December 1, 2005, and every year afterward, the Commission must report the results to Congress and the Administrator.

(11) Periodic reviews. To permit suitable adjustment of paragraph (2)(B) requirements, the Administrator must periodically review existing technologies, the feasibility of compliance, and the effects of the subsection (a)(2) requirements on each individual and entity described in paragraph (2).

(12) Effect on other provisions. This subsection and its regulations do not change, and cannot be read to change, the regulatory status of carbon dioxide or another greenhouse gas, or expand or limit authority over those gases, for other provisions of this chapter, including section 7475. That rule does not affect implementation or enforcement of this subsection.

The renewable-biomass definition also includes planted crops and residues from qualifying pre-December 19, 2007 agricultural land; planted trees and residues from qualifying non-Federal plantations; animal waste and byproducts; qualifying slash and precommercial thinnings; wildfire-risk biomass near buildings, occupied areas, or public infrastructure; algae; and separated yard or food waste, including recycled cooking and trap grease, subject to the listed forest, old-growth, and land exclusions. “Small refinery” means a refinery with average annual daily crude throughput of no more than 75,000 barrels. “Transportation fuel” covers motor vehicles, motor-vehicle engines, nonroad vehicles, and nonroad engines, but not ocean-going vessels. The program excludes noncontiguous States and territories unless one opts in by petition. New facilities beginning construction after December 19, 2007 must achieve at least a 20-percent lifecycle greenhouse-gas reduction. The annual tables specify total renewable fuel of 4.0 billion gallons in 2006 rising to 36.0 billion in 2022; advanced biofuel from 0.6 billion gallons in 2009 to 21.0 billion in 2022; cellulosic biofuel from 0.1 billion gallons in 2010 to 16.0 billion in 2022; and biomass-based diesel from 0.5 billion gallons in 2009 to 1.0 billion in 2012. Later volumes must be set using the statute’s environmental, energy, production, infrastructure, consumer-cost, jobs, agriculture, rural-development, and food-price factors. The Administrator must publish annual percentages, prevent double obligations, provide credits, and follow the specified waiver, small-refinery, cellulosic, biomass-based-diesel, and 20-percent/50-percent volume-modification rules.

The renewable-biomass definition also includes planted crops and residues from qualifying pre-December 19, 2007 agricultural land; planted trees and residues from qualifying non-Federal plantations; animal waste and byproducts; qualifying slash and precommercial thinnings; wildfire-risk biomass near buildings, occupied areas, or public infrastructure; algae; and separated yard or food waste, including recycled cooking and trap grease, subject to the listed forest, old-growth, and land exclusions. “Small refinery” means a refinery with average annual daily crude throughput of no more than 75,000 barrels. “Transportation fuel” covers motor vehicles, motor-vehicle engines, nonroad vehicles, and nonroad engines, but not ocean-going vessels. The program excludes noncontiguous States and territories unless one opts in by petition. New facilities beginning construction after December 19, 2007 must achieve at least a 20-percent lifecycle greenhouse-gas reduction. The annual tables specify total renewable fuel of 4.0 billion gallons in 2006 rising to 36.0 billion in 2022; advanced biofuel from 0.6 billion gallons in 2009 to 21.0 billion in 2022; cellulosic biofuel from 0.1 billion gallons in 2010 to 16.0 billion in 2022; and biomass-based diesel from 0.5 billion gallons in 2009 to 1.0 billion in 2012. Later volumes must be set using the statute’s environmental, energy, production, infrastructure, consumer-cost, jobs, agriculture, rural-development, and food-price factors. The Administrator must publish annual percentages, prevent double obligations, provide credits, and follow the specified waiver, small-refinery, cellulosic, biomass-based-diesel, and 20-percent/50-percent volume-modification rules.

The renewable-biomass definition also includes planted crops and residues from qualifying pre-December 19, 2007 agricultural land; planted trees and residues from qualifying non-Federal plantations; animal waste and byproducts; qualifying slash and precommercial thinnings; wildfire-risk biomass near buildings, occupied areas, or public infrastructure; algae; and separated yard or food waste, including recycled cooking and trap grease, subject to the listed forest, old-growth, and land exclusions. “Small refinery” means a refinery with average annual daily crude throughput of no more than 75,000 barrels. “Transportation fuel” covers motor vehicles, motor-vehicle engines, nonroad vehicles, and nonroad engines, but not ocean-going vessels. The program excludes noncontiguous States and territories unless one opts in by petition. New facilities beginning construction after December 19, 2007 must achieve at least a 20-percent lifecycle greenhouse-gas reduction. The annual tables specify total renewable fuel of 4.0 billion gallons in 2006 rising to 36.0 billion in 2022; advanced biofuel from 0.6 billion gallons in 2009 to 21.0 billion in 2022; cellulosic biofuel from 0.1 billion gallons in 2010 to 16.0 billion in 2022; and biomass-based diesel from 0.5 billion gallons in 2009 to 1.0 billion in 2012. Later volumes must be set using the statute’s environmental, energy, production, infrastructure, consumer-cost, jobs, agriculture, rural-development, and food-price factors. The Administrator must publish annual percentages, prevent double obligations, provide credits, and follow the specified waiver, small-refinery, cellulosic, biomass-based-diesel, and 20-percent/50-percent volume-modification rules. The cellulosic lifecycle threshold is 60 percent.

(q) Analyses of motor-vehicle fuel changes and emissions model. (1) Anti-backsliding analysis. (A) Within 4 years after August 8, 2005, the Administrator must publish for public comment a draft analysis of changes in air-pollutant emissions and air quality caused by motor-vehicle fuels and additives resulting from the Energy Policy Act of 2005 amendments. (B) After a reasonable opportunity for comment, and no later than 5 years after that date, the Administrator must publish the final analysis.

(2) Emissions model. Within 4 years after August 8, 2005, the Administrator must develop and finalize an emissions model for this section that reflects as fully as practicable how gasoline characteristics or components affect emissions from the motor-vehicle fleet during calendar year 2007.

(3) Permeation effects study. (A) Within 1 year after August 8, 2005, the Administrator must study and report to Congress the effects of ethanol in gasoline on permeation, meaning fuel molecules moving through the rubber and plastic parts forming a vehicle’s fuel and fuel-vapor systems. (B) The study must estimate the increase in total evaporative emissions likely to result from ethanol gasoline in a vehicle and in the vehicle fleet because of permeation.

(r) Fuel and fuel-additive importers and importation. For this section, “manufacturer” includes an importer, and “manufacture” includes importation.

(s) Conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels. (1) The Secretary of Energy may give grants to United States merchant producers of cellulosic biomass ethanol, waste-derived ethanol, and approved renewable fuels. The grants may help build eligible facilities for producing ethanol or approved renewable fuels.

(2) A facility qualifies if it is in the United States and uses cellulosic or renewable biomass, or waste-derived feedstocks, from agricultural residues, wood residues, municipal solid waste, or agricultural byproducts.

(3) The following amounts are authorized for appropriation: $100,000,000 for fiscal year 2006; $250,000,000 for fiscal year 2007; and $400,000,000 for fiscal year 2008.

(4) Definitions. (A) “Approved renewable fuels” are fuels and fuel components approved by the Department of Energy, as defined in section 13211, that are made from renewable biomass. This section does not define “approved” separately. (B) “Renewable biomass,” as defined in Presidential Executive Order 13134 published August 16, 1999, means organic matter available on a renewable or recurring basis, excluding old-growth timber. It includes dedicated energy crops and trees; agricultural food- and feed-crop residues; aquatic plants; animal waste; wood and wood residues; paper and paper residues; and other plant waste materials. “Old-growth timber” means timber from a forest’s late successional stage of development.

(t) Blending of compliant reformulated gasolines. (1) Even though subsections (h) and (k) say otherwise, and subject to paragraph (2), a gasoline retailer may, in any month, blend batches of ethanol-blended and non-ethanol-blended reformulated gasoline at a retail location without violating this part if: (A) each batch was separately certified as complying with (h) and (k) before blending; (B) the retailer notified the Administrator beforehand and identified the station and the exact tank; (C) the retailer keeps the certifications for all gasoline at the outlet and makes them available for inspection when the Administrator or designee asks; and (D) from June 1 through September 15, the retailer does not blend VOC-controlled “summer” gasoline with non-VOC-controlled “winter” gasoline. Those terms are defined under (h) and (k).

(2) A retailer may have no more than two blending periods between May 1 and September 15 in a calendar year. Each period may last no more than 10 consecutive calendar days.

(3) A gasoline sample from a retail location that blended gasoline within the prior 30 days and complied with paragraph (1)(A) through (D) may not be used in a VOC survey required by 40 CFR Part 80.

(4) A State is held harmless and need not revise its section 7410 State implementation plan to account for emissions from blending authorized by paragraph (1).

(5) This subsection does not preempt existing State laws or regulations governing compliant-gasoline blending and does not prevent a State from adopting such restrictions later.

(6) After notice and comment, the Administrator must issue implementation regulations within 1 year after August 8, 2005.

(7) This subsection takes effect 15 months after August 8, 2005, and applies to batches blended on or after that date even if the required regulations have not yet been issued.

(8) No person other than the person responsible for blending under this subsection may face an enforcement action or subsection (d) penalty solely because a retailer blended compliant reformulated gasoline.

(9) This subsection does not authorize the Administrator or a State or subdivision to require refinery reformulation to account for possible or actual emission increases from the authorized blending.

(u) Standard specifications for biodiesel. (1) If, within 1 year after December 19, 2007, the American Society for Testing and Materials has not adopted a standard for diesel fuel containing 20 percent biodiesel, commonly called “B20,” the Administrator must begin rulemaking for a uniform per-gallon standard and an identification number so vehicle manufacturers can design engines for fuel meeting it.

(2) The same requirement applies to diesel fuel containing 5 percent biodiesel, commonly called “B5,” except the Administrator must designate an identification.

(3) Whenever paragraph (1) or (2) requires rulemaking, the Administrator must issue the final rule within 18 months after December 19, 2007.

(4) Within 180 days after December 19, 2007, the Administrator must establish an annual inspection and enforcement program to ensure that interstate diesel fuel containing biodiesel meets the standards in regulations under this section, including testing and certification under applicable American Society for Testing and Materials standards. The program has authorized appropriations of $3,000,000 for each fiscal year 2008 through 2010.

(5) “Biodiesel” has the meaning provided in section 13220(f) of this title. This section does not define it independently.

(v) Prevention of air-quality deterioration. (1) Study. (A) Within 18 months after December 19, 2007, the Administrator must finish a study on whether the renewable-fuel volumes required by this section will harm air quality because of changes in vehicle and engine emissions of pollutants regulated under this chapter. (B) The study must consider different blend levels, renewable-fuel types, available vehicle technologies, and suitable national, regional, and local air-quality controls.

(2) Regulations. Within 3 years after December 19, 2007, the Administrator must either issue fuel regulations implementing appropriate measures to reduce as much as achievable, in light of the study, any air-quality harm from the required renewable-fuel volumes, or determine that no such measures are necessary.