,i #aafth ,,congress #ast ,session ,h4 ,r4 #dfij ,,in ,,the ,,house ,,of ,,representatives ,october #af1 #bjai,mr4 ,flores 7for himself and ,mr4 ,shimkus7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend title ,,ii of the ,clean ,air ,act and title ,,ii of the ,petroleum ,marketing ,practices ,act with respect to high-octane fuels1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the #bast ,century ,transportation ,fuels ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,high-,octane ,fuel ,sec4 #aja4 ,high efficiency vehicles4 ,sec4 #ajb4 ,octane disclosure4 ,sec4 #ajc4 #ih ,,ron certification test fuel4 ,sec4 #ajd4 ,octane sensitivity study4 ,sec4 #aje4 ,advertisement of price of #ie ,,ron automotive fuel4 ,title ,,ii--,renewable fuels ,subtitle ,a--,renewable fuel program ,sec4 #bja4 ,updates and revisions to regulations4 ,sec4 #bjb4 ,waivers4 ,sec4 #bjc4 ,applicability4 ,sec4 #bjd4 ,state ethanol laws4 ,subtitle ,b--,ethanol waivers ,sec4 #baa4 ,reid vapor pressure4 ,sec4 #bab4 ,e#bj4 ,subtitle ,c--,fueling infrastructure ,sec4 #bba4 ,performance standards for new ,e#bj infrastructure4 ,title ,,iii--,vehicle ,fuel ,efficiency ,sec4 #cja4 ,credits for exceeding average fuel economy standards4 ,sec4 #cjb4 ,calculation of average fuel economy4 ,sec4 #cjc4 ,rule of construction4 ,i ,high-,octane ,fuel #aja4 ,high efficiency vehicles 7a7 ,requirements ,part ,a of title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq47 is amended by adding at the end the following new section3 #bbj4 ,octane specification 7a7 ,applicability ,this section applies with respect to any motor vehicle 7other than a motorcycle7 that is introduced into commerce that-- 7#a7 is a light-duty vehicle or light-duty truck2 7#b7 is a model year #bjbc or later motor vehicle2 and 7#c7 uses gasoline for propulsion or any other operation of the motor vehicle1 including the engine thereof4 7b7 ,warranty requirements ,the manufacturer of a motor vehicle described in subsection 7a7 shall warrant to the ultimate purchaser and each subsequent purchaser that each such motor vehicle is designed-- 7#a7 to operate with gasoline containing up to and including #bj percent ethanol2 and 7#b7 to meet the design requirements under subsection 7c74 7c7 ,design requirements ,the manufacturer of a motor vehicle described in subsection 7a7 shall-- 7#a7 design each such motor vehicle-- 7,a7 to operate using gasoline that has a research octane number of #ie or higher2 and 7,b7 to improve fuel economy connected to the use of gasoline that has a research octane number of #ie or higher2 and 7#b7 incorporate into each such motor vehicle devices or elements of design 7including physical or other barriers1 devices1 or technological systems7 as are determined by the ,administrator to be-- 7,a7 necessary to prevent the introduction of gasoline with a research octane number that is lower than #ie into such motor vehicle2 and 7,b7 technically and economically feasible4 7d7 ,infrastructure requirements ,any gasoline retailer selling gasoline for dispensing into motor vehicles described in subsection 7a7 shall incorporate into the retailer's dispensing equipment such devices or elements of design as are determined by the ,administrator to be-- 7#a7 necessary for compatibility with the motor vehicle design requirements under subsection 7c77#b72 and 7#b7 technically and economically feasible4 7e7 ,misfueling 7#a7 ,prohibitions against tampering and defeat devices for motor vehicles ,in lieu of applying section #bjc7;a77#c7 with respect to this section1 the following shall apply3 7,a7 ,no person shall-- 7i7 remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection 7c77#b7 prior to its sale and delivery to the ultimate purchaser2 or 7ii7 knowingly remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser4 7,b7 ,no person shall manufacture or sell1 or offer to sell1 or install1 any part or component intended for use with1 or as part of1 any motor vehicle1 where-- 7i7 a principal effect of the part or component is to bypass1 defeat1 or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection 7c77#b72 and 7ii7 the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use4 7#b7 ,prohibitions against tampering and defeat devices for dispensing equipment 7,a7 ,no person shall knowingly remove or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection 7d74 7,b7 ,no person shall manufacture or sell1 or offer to sell1 or incorporate into1 any part or component intended for use with1 or as part of1 any dispensing equipment1 where-- 7i7 a principal effect of the part or component is to bypass1 defeat1 or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection 7d72 and 7ii7 the person knows or should know that such part or component is being offered for sale or incorporated for such use or put to such use4 7#c7 ,limitation on liability ,a manufacturer of a motor vehicle1 or a gasoline retailer1 that is in compliance with the requirements of this section and the requirements of the ,petroleum ,marketing ,practices ,act1 shall not be liable under any provision of this ,act or any other ,federal1 ,state1 or local law1 including common law1 for damages-- 7,a7 to or caused by a motor vehicle described in subsection 7a72 and 7,b7 that would not have occurred but for the introduction of gasoline with a research octane number that is lower than #ie into such motor vehicle4 7f7 ,preemption 7#a7 ,in general ,no ,state or any political subdivision thereof may adopt or continue in effect any provision of law or regulation with respect to the design of motor vehicles to operate using gasoline with a certain octane content1 or the corresponding design of equipment for dispensing such gasoline into such motor vehicles1 unless such provision of such law or regulation is the same as the corresponding provision in this section4 7#b7 ,investigative or enforcement actions ,a ,state or political subdivision thereof may provide for any investigative or enforcement action1 remedy1 or penalty 7including procedural actions necessary to carry out such investigative or enforcement actions1 remedies1 or penalties7 with respect to any provision of law or regulation permitted by paragraph 7#a74 7g7 ,enforcement 7#a7 ,violations 7,a7 ,manufacturer ,any manufacturer who violates subsection 7b7 or 7c7 shall be subject to a civil penalty of not more than #be1jjj4 ,any such violation shall constitute a separate offense with respect to each motor vehicle4 7,b7 ,gasoline retailer ,any gasoline retailer who violates subsection 7d7 shall be subject to a civil penalty of not more than #b1ejj4 ,any such violation shall constitute a separate offense with respect to each dispensing equipment4 7,c7 ,misfueling 7i7 ,in general ,any person who violates subsection 7e7 shall be subject to a civil penalty of not more than #b1ejj4 7ii7 ,separate offenses ,any such violation shall constitute a separate offense with respect to-- 7,i7 each motor vehicle1 for purposes of paragraph 7#a77;,a7 of such subsection2 7,,ii7 each dispensing equipment1 for purposes of paragraph 7#b77;,a7 of such subsection2 and 7,,iii7 each part or component1 for purposes of paragraph 7#a77;,b7 or 7#b77;,b7 of such subsection4 7#b7 ,civil actions2 administrative assessment of certain penalties ,the provisions of subsections 7b7 and 7c7 of section #bje shall apply with respect to a violation of subsection 7b71 7c71 7d71 or 7e7 of this section to the same extent and in the same manner as such provisions apply with respect to a violation of section #bjc7;a77#c74 7h7 ,consultation 7#a7 ,in general ,in promulgating regulations to carry out this section1 the ,administrator shall consult with persons to be regulated under this section4 7#b7 ,certain design requirements ,in promulgating regulations to carry out subsection 7c77#b71 the ,administrator shall consult with the ,secretary of ,transportation in addition to the persons described in paragraph 7#a74 7i7 ,rule of construction ,nothing in this section shall be construed to relieve a person regulated under this section of any obligation to comply with requirements imposed by provisions of ,federal law other than this section1 except to the extent that such requirements are in conflict with this section4 4 7b7 ,definitions ,section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej7 is amended-- 7#a7 in paragraph 7#a71 by striking and #bjh and inserting #bjh1 and #bbj2 and 7#b7 by adding at the end the following3 7#ab7 ,research octane number ,the term research octane number has the meaning given such term in section #bja of the ,petroleum ,marketing ,practices ,act4 4 7c7 ,regulations 7#a7 ,promulgation ,the ,administrator of the ,environmental ,protection ,agency shall-- 7,a7 not later than #ah months after the date of enactment of this ,act1 propose regulations to carry out the amendments made by this section2 and 7,b7 not later than #cf months after such date of enactment1 finalize regulations to carry out the amendments made by this section4 7#b7 ,failure to promulgate ,beginning on the deadline in paragraph 7#a77;,b7 for finalizing regulations pursuant to such paragraph1 until the ,administrator finalizes such regulations1 the ,administrator is deemed-- 7,a7 to have determined under section #bbj7;c77#b7 of the ,clean ,air ,act1 as added by subsection 7a7 of this section1 that each manufacturer of a motor vehicle subject to such section #bbj7;c77#b7 shall incorporate a restrictor assembly into the vehicle's fuel filler tube so as to accept only a filling nozzle described in subparagraph 7,b72 and 7,b7 to have determined under section #bbj7;d7 of such ,act that the diameter of each filling nozzle used by a gasoline retailer for dispensing gasoline with a research octane number of #ie or higher into a motor vehicle subject to such section #bbj7;c7 shall not exceed #j4gg inches4 #ajb4 ,octane disclosure 7a7 ,high efficiency fuels ,title ,,ii of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba et seq47 is amended by adding at the end the following3 #bjf4 ,high efficiency fuel and vehicle marketing requirements 7a7 ,rule ,the ,federal ,trade ,commission shall1 by rule1 and in consultation with persons to be regulated under this section1 consumer advocates1 and other stakeholders1 as appropriate-- 7#a7 prescribe or revise requirements under this title relating to the certification1 display1 and representation of the automotive fuel rating of an automotive fuel as necessary to carry out-- 7,a7 the requirement under subsection 7b72 and 7,b7 any determination made under subsection 7c72 7#b7 make the determination required under subsection 7c72 and 7#c7 prescribe requirements under subsection 7d74 7b7 ,requirement ,the ,federal ,trade ,commission shall require that1 for purposes of this title1 effective ,january #a1 #bjbc1 the automotive fuel rating of an automotive fuel with a research octane number of #ie or higher be determined only by the research octane number of such automotive fuel4 7c7 ,determination ,the ,federal ,trade ,commission shall determine whether1 for purposes of this title1 effective ,january #a1 #bjbc1 the automotive fuel rating of an automotive fuel with a research octane number that is lower than #ie should be determined only by the research octane number of such automotive fuel4 7d7 ,labeling 7#a7 ,in general ,the ,federal ,trade ,commission shall prescribe requirements-- 7,a7 as the ,federal ,trade ,commission determines necessary with respect to a display at the point of sale to ultimate purchasers of automotive fuel and a display on a motor vehicle to-- 7i7 inform such ultimate purchaser of such automotive fuel and any purchaser or user of such motor vehicle1 that a model year #bjbc or later motor vehicle is only warrantied to use automotive fuel with a research octane number of #ie or higher2 and 7ii7 provide a warning to such ultimate purchaser of such automotive fuel and any such purchaser or user of such motor vehicle1 that the use of automotive fuel with a research octane number that is lower than #ie in a model year #bjbc or later motor vehicle will result in reduced fuel economy1 increased exhaust emissions1 and possible engine damage2 and 7,b7 that are applicable to-- 7i7 a manufacturer of a new motor vehicle 7or an entity making a representation in connection with the sale of such motor vehicle7 with respect to a display on such motor vehicle2 and 7ii7 an automotive fuel retailer1 with respect to a display at the point of sale to an ultimate purchaser of automotive fuel4 7#b7 ,considerations ,in prescribing requirements under paragraph 7#a71 the ,federal ,trade ,commission shall ensure that such requirements are designed to be-- 7,a7 understandable to-- 7i7 the ultimate purchaser of automotive fuel2 and 7ii7 any purchaser or user of a model year #bjbc or later motor vehicle2 and 7,b7 cost-effective for automotive fuel retailers4 7e7 ,deadlines ,the ,federal ,trade ,commission shall-- 7#a7 not later than ,june #a1 #bjbj1 issue a proposed rule under subsection 7a72 and 7#b7 not later than ,january #a1 #bjbb1 issue a final rule under subsection 7a74 4 7b7 ,enforcement ,section #bjc7;e7 of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhbc7;e77 is amended-- 7#a7 by striking or a rule prescribed and inserting a rule prescribed2 and 7#b7 by striking of such section4 and inserting of section #bjb1 or a rule prescribed under section #bjf44 7c7 ,table of contents amendment ,the table of contents for the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhja et seq47 is amended by inserting after the item relating to section #bje the following3 ,sec4 #bjf4 ,high efficiency fuel and vehicle marketing requirements4 4 #ajc4 #ih ,,ron certification test fuel ,not later than ,january #a1 #bjbe1 the ,administrator of the ,environmental ,protection ,agency shall take such actions as are necessary to allow the use of a certification test fuel with a research octane number of #ih for purposes of-- 7#a7 testing and certification under section #bjf7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gebe7;a77 of motor vehicles described in section #bbj7;a7 of the ,clean ,air ,act 7as added by section #aja7;a7 of this ,act72 and 7#b7 testing and calculation procedures under section #cbijd7;c7 of title #di1 ,united ,states ,code1 with respect to such motor vehicles4 #ajd4 ,octane sensitivity study 7a7 ,study 7#a7 ,in general ,the ,administrator shall seek to enter into appropriate arrangements with the ,academy to-- 7,a7 conduct a comprehensive study of the octane sensitivity of automotive fuel with a research octane number of #ie or higher2 and 7,b7 submit reports described in subsection 7b74 7#b7 ,contents ,in conducting the study under paragraph 7#a71 the ,academy shall examine-- 7,a7 the octane sensitivity of automotive fuel introduced into commerce for use in light-duty motor vehicles as of the date of enactment of this section2 7,b7 the economic and technological feasibility and impacts of adjusting the octane sensitivity of automotive fuel with a research octane number of #ie or higher to increase automobile and fuel efficiency performance2 7,c7 environmental and public health outcomes from increasing the octane sensitivity of automotive fuel with a research octane number of #ie or higher2 and 7,d7 the acceptability of the commercial marketplace1 including refiners1 automotive fuel retailers1 manufacturers1 and ultimate users1 of increasing the octane sensitivity of automotive fuel with a research octane number of #ie or higher4 7#c7 ,information ,the ,administrator shall provide the ,academy1 at its request1 any information which the ,academy determines necessary to conduct the study under paragraph 7#a74 7b7 ,reports 7#a7 ,interim reports ,not later than ,july #a1 #bjai1 and every #f months thereafter until a final report is submitted under paragraph 7#b71 the ,academy shall submit to ,congress and the ,administrator a report on the progress of the study conducted under subsection 7a74 7#b7 ,final report ,not later than ,december #ca1 #bjba1 the ,academy shall submit to ,congress and the ,administrator a final report on the study conducted under subsection 7a74 7c7 ,definitions ,in this section3 7#a7 ,academy ,the term ,academy means the ,national ,academy of ,sciences1 or if the ,national ,academy of ,sciences declines to enter into an arrangement pursuant to subsection 7a71 another appropriate entity4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#c7 ,octane sensitivity ,the term octane sensitivity means1 with respect to automotive fuel used in an automotive spark-ignition engine1 the difference between the research octane number and the motor octane number for such automotive fuel4 7#d7 ,research octane number and motor octane number ,the terms research octane number and motor octane number have the meaning given such terms in section #bja of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba74 #aje4 ,advertisement of price of #ie ,,ron automotive fuel 7a7 ,in general ,it shall be unlawful for any person to sell or offer for sale1 at retail1 automotive fuel with a research octane number of #ie unless such person displays1 in a manner specified in the rules promulgated under subsection 7b71 the total price per gallon of such fuel on any sign on which such person displays the price of the most-sold grade of automotive fuel of such person4 7b7 ,rulemaking 7#a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,federal ,trade ,commission shall promulgate1 in accordance with section #eec of title #e1 ,united ,states ,code1 any rules necessary for the implementation and enforcement of this section4 7#b7 ,contents ,such rules-- 7,a7 shall define retail and most-sold for the purposes of this section2 7,b7 shall specify the manner in which the price of automotive fuel with a research octane number of #ie must be displayed in order to comply with subsection 7a72 and 7,c7 shall be consistent with the requirements for declaring unfair acts or practices in section #e7n7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7n774 7c7 ,enforcement ,a violation of subsection 7a7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made part of this section4 7d7 ,sunset ,effective ,january #a1 #bjbi1 this section is repealed4 ,,ii ,renewable fuels ,a ,renewable fuel program #bja4 ,updates and revisions to regulations 7a7 ,regulations 7#a7 ,addition of conventional biofuel ,clause 7i7 of section #baa7o77#b77;,a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#b77;,a77 is amended to read as follows3 7i7 ,in general ,the ,administrator shall by regulation require-- 7,i7 transportation fuel sold or introduced into commerce in the ,united ,states 7except in noncontiguous ,states or territories71 on an annual average basis1 contains at least the applicable volume of renewable fuel1 advanced biofuel1 cellulosic biofuel1 conventional biofuel1 and biomass-based diesel1 determined in accordance with subparagraph 7,b72 and 7,,ii7 renewable fuel produced from facilities that commenced construction after ,december #ai1 #bjjg 7the date of enactment of the ,energy ,independence and ,security ,act of #bjjg71 achieves at least a #bj-percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions4 4 7#b7 ,conforming amendments 7,a7 ,section #baa7o77#b77;,a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#b77;,a77 is amended by striking clause 7iv74 7,b7 ,subparagraph 7,a7 of section #baa7o77#d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#d77;,a77 is amended by striking the last sentence of4 7,c7 ,subparagraph 7,e7 of section #baa7o77#d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#d77;,e77 is amended by striking the last sentence of4 7b7 ,applicable volume of conventional biofuel ,section #baa7o77#b77;,b77i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#b77;,b77i77 is amended to by adding at the end the following3 7,v7 ,conventional biofuel 7aa7 ,in general ,for the purpose of subparagraph 7,a71 of the volume of renewable fuel required under subclause 7,i71 the applicable volume of conventional biofuel for the calendar years #bjbj through #bjbb shall be determined in accordance with the following table3 ,applicable volume of conventional biofuel ,calendar year37in billions of gallons73 #bjbjae #bjbaae #bjbbae4 7bb7 ,applicability ,this subclause shall cease to apply on ,january #a1 #bjbc4 4 7c7 ,other calendar years 7#a7 ,in general ,section #baa7o77#b77;,b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#b77;,b77 is amended by striking clauses 7ii7 through 7v7 and inserting the following3 7ii7 ,subsequent calendar years ,for the purposes of subparagraph 7,a71 the applicable volumes of advanced biofuel1 cellulosic biofuel1 and biomass-based diesel for each of calendar years #bjbc through #bjcb shall be-- 7,i7 determined by the ,administrator not later than ,march #a of such calendar year2 and 7,,ii7 subject to adjustment pursuant to the mid-year review under clause 7iv77,,ii71 equal to the actual volume of advanced biofuel1 cellulosic biofuel1 or biomass-based diesel1 respectively1 produced during the preceding calendar year1 as determined under clause 7iv77,i74 7iii7 ,special rule for subsequent calendar years for biomass-based diesel ,the applicable volume of biomass-based diesel for each of calendar years #bjbj through #bjbb shall be determined in accordance with this subparagraph1 as in effect on the day before the date of enactment of the #bast ,century ,transportation ,fuels ,act4 7iv7 ,determination of actual production 7,i7 ,in general ,not later than ,february #bh of a calendar year described in clause 7ii71 the ,administrator shall1 based on information from the ,moderated ,transaction ,system1 determine-- 7aa7 the actual volume produced during the preceding calendar year of advanced biofuel2 and 7bb7 of such actual volume1 the actual volume of each of cellulosic biofuel1 biomass-based diesel1 and other advanced biofuel4 7,,ii7 ,mid-year review ,not later than ,september #a of each calendar year described in clause 7ii71 the ,administrator shall adjust the applicable volume requirement under clause 7ii7 for the calendar year for advanced biofuel1 cellulosic biofuel1 or biomass-based diesel to reflect any increase in production during that calendar year1 based on information from the ,moderated ,transaction ,system4 4 7#b7 ,conforming definition ,section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77 is amended-- 7,a7 by redesignating subparagraphs 7,i7 through 7,l7 as subparagraphs 7,j7 through 7,m71 respectively2 and 7,b7 by inserting1 after subparagraph 7,h71 the following3 7,i7 ,moderated ,transaction ,system ,the term ,moderated ,transaction ,system means-- 7i7 the ,,epa ,moderated ,transaction ,system as defined in section #hj4adja of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 or 7ii7 any successor system4 4 7d7 ,definition of renewable biomass ,subparagraph 7,j7 of section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a771 as redesignated by subsection 7c77#b7 of this section1 is amended-- 7#a7 in clause 7i71 by striking at any time prior to the enactment of this sentence2 7#b7 by amending clause 7ii7 to read as follows3 7ii7 ,trees and tree residue from land1 including land belonging to an ,indian tribe or an ,indian individual that is held in trust by the ,united ,states or subject to a restriction against alienation imposed by the ,united ,states4 2 and 7#c7 in clause 7iv71 by striking non-federal4 #bjb4 ,waivers ,subject to section #bjc7;c7 of this ,act1 section #baa7o77#g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#g77 is amended-- 7#a7 in subparagraph 7,a71 by striking the national quantity of renewable fuel and inserting the national quantity of advanced biofuel1 cellulosic biofuel1 or biomass-based diesel2 and 7#b7 by striking subparagraphs 7,d71 7,e71 and 7,f74 #bjc4 ,applicability 7a7 ,applicable calendar years ,except as provided in subsections 7b7 through 7e71 the amendments made by this subtitle apply with respect to calendar year #bjbj and subsequent calendar years4 ,section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o771 as in effect on the day before the date of enactment of this ,act1 shall continue to apply with respect to calendar years before calendar year #bjbj4 7b7 ,regulations ,the ,administrator of the ,environmental ,protection ,agency shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 shall promulgate the regulations required by paragraph 7#b77;,a77i7 of section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o771 as amended by section #bja of this ,act1 respecting the requirements under such section #baa7o7 applicable for calendar years #bjbj1 #bjba1 and #bjbb2 and 7#b7 not later than ,january #a1 #bjba1 shall promulgate the regulations required by such paragraph 7#b77;,a77i7 respecting the requirements under such section #baa7o7 applicable for calendar year #bjbc and subsequent calendar years4 7c7 ,waiver authority ,the amendments made by section #bjb of this ,act to section #baa7o77#g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#g77 shall take effect on ,january #a1 #bjbc4 7d7 ,definition ,the amendment made by section #bja7;d7 of this ,act to subparagraph 7,j7 of section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a771 as redesignated by section #bja7;c77#b7 of this ,act1 shall take effect on the date of enactment of this ,act4 7e7 ,repeals ,effective ,january #a1 #bjcc1 subsections 7o71 7q71 and 7v7 of section #baa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7 are repealed4 #bjd4 ,state ethanol laws 7a7 ,in general ,no ,state or political subdivision of a ,state may prohibit or require any particular blend1 concentration1 or percentage of ethanol in any automotive fuel4 7b7 ,exception ,this section does not restrict the authority of a ,state or political subdivision of a ,state to continue to enforce any such prohibition or requirement in effect prior to the date of enactment of this ,act4 ,b ,ethanol waivers #baa4 ,reid vapor pressure 7a7 ,reid vapor pressure limitation ,section #baa7;h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;h77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting or more after #aj percent2 and 7,b7 in subparagraph 7,c71 by striking additional alcohol or2 and 7#b7 in paragraph 7#e77;,a71 by inserting or more after #aj percent4 7b7 ,existing waivers ,section #baa7;f77#d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;f77#d77 is amended-- 7#a7 by striking ,the ,administrator1 upon and inserting 7,a7 ,the ,administrator1 upon2 and 7#b7 by adding at the end the following3 7,b7 ,a fuel or fuel additive with respect to which a waiver has been granted in accordance with subparagraph 7,a7 prior to ,january #a1 #bjag1 and that meets all of the conditions of that waiver1 other than the waiver's limits for ,reid vapor pressure1 may be introduced into commerce if the fuel or fuel additive meets all other applicable ,reid vapor pressure requirements4 4 #bab4 ,e#bj ,section #baa7;f77#d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;f77#d771 as amended by section #baa7;b7 of this ,act1 is further amended by adding at the end the following3 7,c7 ,the ,administrator shall grant a waiver in accordance with subparagraph 7,a7 with respect to a fuel with a concentration of ethanol that is-- 7i7 not more than #bj percent2 and 7ii7 more than #ae percent4 4 ,c ,fueling infrastructure #bba4 ,performance standards for new ,e#bj infrastructure ,section #ijjc of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiia;b7 is amended by adding at the end the following3 7k7 ,e#bj retail dispenser systems 7#a7 ,in general ,the ,administrator shall1 not later than #a year prior to the effective date specified in paragraph 7#c71 issue or revise1 as necessary1 performance standards for dispenser systems described in paragraph 7#b7 to require that such dispenser systems be compatible with automotive fuel with a concentration of up to and including #bj percent ethanol by volume4 7#b7 ,dispenser systems ,this subsection applies with respect to dispenser systems that are-- 7,a7 on or after the effective date specified in paragraph 7#c71 brought into use to dispense at retail automotive fuel from an underground storage tank2 and 7,b7 subject to regulation under sections #aiaj4ajf and #aibf4aeb of title #bi1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7#c7 ,effective date ,standards issued or revised pursuant to paragraph 7#a7 shall take effect on the later of-- 7,a7 ,january #a1 #bjbc2 and 7,b7 the date on which the ,administrator first grants a waiver pursuant to section #baa7;f77#d77;,c7 of the ,clean ,air ,act4 7#d7 ,definitions ,in this subsection3 7,a7 ,automotive fuel ,the term automotive fuel has the meaning given such term in section #bja7f7 of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba7f774 7,b7 ,compatible2 dispenser system ,the terms compatible and dispenser system have the meaning given such terms in section #bhj4ab of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 4 ,,iii ,vehicle ,fuel ,efficiency #cja4 ,credits for exceeding average fuel economy standards ,section #cbijc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and moving their margins #b ems to the right2 7,b7 in the matter preceding subparagraph 7,a71 as redesignated1 by striking ,when and inserting the following3 7#a7 ,in general ,when 2 7,c7 in paragraph 7#a77;,b71 as redesignated1 by striking paragraph 7#a7 and inserting subparagraph 7,a712 and 7,d7 by adding at the end the following3 7#b7 ,model years #bjaf through #bjba ,notwithstanding paragraph 7#a77;,b71 beginning with model year #bjaf and ending with model year #bjba1 a manufacturer may apply any credits earned after model year #bjji pursuant to paragraph 7#a71 which have not been applied pursuant to paragraph 7#a77;,a71 to any model year beginning after the model year for which the credits are earned4 2 7#b7 in subsection 7b77#b77;,b71 by striking subsection 7a77#a7 of this section and inserting subsection 7a77#a77;,a72 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking #bjaa and inserting #bjaj2 7ii7 in subparagraph 7,b71 by striking #bjag1 #a4e miles per gallon2 and and inserting #bjaf1 #a4e miles per gallon22 and 7iii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 for model years #bjag and #bjah1 #b4j miles per gallon2 7,d7 for model years #bjai through #bjba1 #d4j miles per gallon2 and 7,e7 for model year #bjbb and subsequent model years1 #f4j miles per gallon4 2 and 7,b7 in paragraph 7#e71 by striking #bjaj and inserting #bjji4 #cjb4 ,calculation of average fuel economy ,section #cbijd7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,for model years #bjab through #bjbe1 if requested by a manufacturer1 the average fuel economy calculated by the ,administrator for the manufacturer's passenger and nonpassenger automobiles shall include off-cycle technology fuel economy credits equivalent to the credits calculated by the ,administrator for the off-cycle technology under the ,administrator's vehicle emissions standards for the same or closest model year1 provided that the technology has a direct impact upon improving fuel economy performance4 4 #cjc4 ,rule of construction ,nothing in this title or the amendments made by this title may be construed to direct or grant new authority to the ,secretary of ,transportation to modify a maximum feasible average fuel economy standard established under section #cbijb of title #di1 ,united ,states ,code4 ,the ,secretary's authority to establish and amend a maximum feasible average fuel economy standard as provided in such section is unaffected by this title and the amendments made by this title4