S.Amdt. 1074

1. Adds SECTION 122__. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-PERCENT ETHANOL on page 1150, line 15

   Adds a sectionPrinted page

   Inserted: SECTION 122__. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-PERCENT ETHANOL.

   Inserted: (a) In General.--Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol.

   Inserted: (b) Prohibition of Waivers.--

   Inserted: (1) In general.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect.

   Inserted: (2) Certain waivers.--The waivers described in subsection (a) include the following:

   Inserted: (A) The waiver entitled, "Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator", 75 Fed. Reg. 68094 (November 4, 2010).

   Inserted: (B) The waiver entitled, "Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator", 76 Fed. Reg. 4662 (January 26, 2011).

   Inserted: (c) Misfueling Rule.--The portions of the rule entitled, "Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs", 76 Fed. Reg. 44406 (July 25, 2011) (including amendments to those portions of the rule) to mitigate misfueling shall have no force and effect 60 days after the date of enactment of this Act.

   Inserted: (d) Conforming Volumetric Requirements.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended--

   Inserted: (1) in paragraph (3)(C)--

   Inserted: (A) in clause (i), by striking "and";

   Inserted: (B) in clause (ii), by striking the period and inserting "; and"; and

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   Inserted: (C) by adding at the end the following:

   Inserted: "(iii) to limit the applicable percentage of renewable fuel required under this subsection to an amount that would ensure that no refiner, blender, or importer be required directly or indirectly to produce, blend, import, or otherwise enter into commerce any gasoline that contains, on an average annual basis, greater than 10-volume percent ethanol."; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(13) Limitations.--No entity required to comply with a provision of this section shall be required either by the applicable volumes under paragraph (2)(B) or by the operation of any other authority in this section (including regulations promulgated under this section) to introduce into commerce gasoline that contains, on an average annual basis, greater than 10 volume percent ethanol.".

   Inserted: (e) Certification Fuels.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following:

   Inserted: "(w) Certification Fuels.--The Administrator shall ensure that the fuel used for certification of vehicles and engines for compliance with emissions standards promulgated under this title corresponds in all respects to the fuel used by 75 percent or more of the vehicles and engines in use at the time the specifications for the certification fuel are promulgated for vehicles and engines that use the certification fuel.".

   Original wording

   On page 1150, after line 15, add the following:

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