,,ii #aagth ,,congress #b;d ,session ,s4 #dfba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bf1 #bjbb,mr4 ,grassley 7for himself1 ,ms4 ,klobuchar1 ,ms4 ,ernst1 and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to promote low-carbon1 high-octane fuels1 to protect public health1 and to improve vehicle efficiency and performance1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,next ,generation ,fuels ,act of #bjbb4 #b4 ,findings ,congress finds that-- 7#a7 continued increases in new automobile efficiency are needed to improve consumer welfare and reduce carbon emissions2 7#b7 the widespread availability of low-carbon1 high-octane fuel will allow continued cost-effective improvements in automobile efficiency by enabling increased engine compression ratios2 7#c7 high-octane automobiles and low-carbon fuels are readily available to consumers at little incremental cost2 7#d7 ethanol is a cost-effective and low-carbon octane enhancer2 7#e7 the widespread adoption of climate-smart practices and precision technologies by ,united ,states corn producers over the past decade have further reduced the carbon intensity of conventional ethanol2 7#f7 on average1 ethanol has been estimated to have lifecycle greenhouse gas emissions that are #df percent lower than average gasoline1 with some corn ethanol achieving a #fa-percent reduction compared to gasoline2 and 7#g7 ethanol has one of the highest blending octane values available in the marketplace4 #c4 ,high-octane vehicles ,title ,,ii of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba et seq47 is amended by adding at the end the following3 ,d ,high-,octane ,vehicles #bfa4 ,definitions2 applicability 7a7 ,definitions ,in this part3 7#a7 ,automobile ,the term automobile has the meaning given to the term in section #cbija7;a77#c7 of title #di1 ,united ,states ,code4 7#b7 ,manufacturer ,the term manufacturer has the meaning given the term in section #baf4 7#c7 ,research octane number ,the term research octane number has the meaning given the term in section #bja of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba74 7b7 ,applicability ,this part applies with respect to any motor vehicle that is introduced into commerce that-- 7#a7 is an automobile2 7#b7 uses gasoline for propulsion or any other operation of the motor vehicle1 including the engine thereof2 and 7#c7 is a model year #bjbg or later motor vehicle4 #bfb4 ,high-octane test fuels 7a7 ,e#bj certification fuel ,except as provided in subsections 7b7 and 7c71 manufacturers producing motor vehicles described in section #bfa7;b7 shall use a test fuel consisting of gasoline and #ai4d to #bj volume percent ethanol with a minimum #ie research octane number in-- 7#a7 emissions testing and certification under section #bjf7;a72 and 7#b7 fuel economy testing and calculation procedures under section #cbijd7;c7 of title #di1 ,united ,states ,code4 7b7 ,e#be to ,e#cj certification fuel ,as an alternative to the test fuel described in subsection 7a71 manufacturers producing motor vehicles described in section #bfa7;b7 may use a test fuel consisting of gasoline and #bd4c to #cj volume percent ethanol with a minimum #ih research octane number in-- 7#a7 emissions testing and certification under section #bjf7;a72 and 7#b7 fuel economy testing and calculation procedures under section #cbijd7;c7 of title #di1 ,united ,states ,code4 7c7 ,model year #bjcb and later model years ,notwithstanding subsections 7a7 and 7b71 beginning in model year #bjcb1 manufacturers of motor vehicles described in section #bfa7;b7 shall use the gasoline test fuel described in subsection 7b7 in-- 7#a7 emissions testing and certification under section #bjf7;a72 and 7#b7 fuel economy testing and calculation procedures under section #cbijd7;c7 of title #di1 ,united ,states ,code4 7d7 ,formulation ,the test fuels described in subsections 7a7 and 7b7 shall be produced by adding neat or denatured fuel ethanol to the gasoline criteria emissions test fuel required for use in model year #bjba and later motor vehicles4 7e7 ,test fuel equations ,for purposes of-- 7#a7 testing and calculation procedures under section #bjf7;a71 the emissions of motor vehicles using the test fuels described in subsection 7a7 or 7b7 shall be based exclusively on actual measured emissions2 and 7#b7 fuel economy testing and calculation procedures under section #cbijd7;c7 of title #di1 ,united ,states ,code1 the fuel economy of motor vehicles using the test fuels described in subsection 7a7 or 7b7 shall be determined on an energy-equivalent basis1 which shall be equal to the product obtained by multiplying-- 7,a7 the measured fuel economy2 and 7,b7 the quotient obtained by dividing-- 7i7 #aad1jhf ,british thermal units per gallon2 by 7ii7 the volumetric energy density of the test fuel4 #bfc4 ,high-octane vehicles 7a7 ,warranty requirements ,manufacturers of motor vehicles described in section #bfa7;b7 shall warrant to the ultimate purchaser and each subsequent purchaser that each such motor vehicle is designed-- 7#a7 for model years #bjbg through #bjca-- 7,a7 to operate with gasoline containing #aj and up to and including #be percent ethanol by volume2 and 7,b7 to meet the design requirements under subsection 7b77#a72 and 7#b7 for model year #bjcb and later model years-- 7,a7 to operate with gasoline containing #aj and up to and including #cj percent ethanol by volume2 and 7,b7 to meet the design requirements under subsections 7b77#a7 and 7c77#a74 7b7 ,design requirements before model year #bjcb 7#a7 ,manufacturers ,the manufacturer of a motor vehicle described in section #bfa7;b7 shall design each such motor vehicle-- 7,a7 to use gasoline with a #ie research octane number or higher2 and 7,b7 to incorporate such devices or elements of design 7including physical or other barriers1 devices1 or technological systems7 as are determined by the ,administrator to be-- 7i7 necessary to prevent the introduction of gasoline with a research octane number that is lower than #ie into that motor vehicle2 and 7ii7 technically and economically feasible4 7#b7 ,fuel retailers ,any fuel retailer selling gasoline for use in a motor vehicle described in section #bfa7;b7 shall incorporate into the dispensing equipment of the fuel retailer such 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 ensure compatibility with the motor vehicle design requirements under paragraph 7#a72 and 7,b7 technically and economically feasible4 7c7 ,design requirements for model year #bjcb 7#a7 ,manufacturers ,subject to paragraph 7#c77;,b71 beginning in model year #bjcb1 the manufacturer of a motor vehicle described in section #bfa7;b7 shall design each such motor vehicle-- 7,a7 to use gasoline with a #ih research octane number or higher2 and 7,b7 to incorporate such devices or elements of design 7including physical or other barriers1 devices1 or technological systems7 as are determined by the ,administrator to be-- 7i7 necessary to prevent the introduction of gasoline with a research octane number that is lower than #ih into that motor vehicle2 and 7ii7 technically and economically feasible4 7#b7 ,fuel retailer ,subject to paragraph 7#c77;,b71 any fuel retailer selling gasoline for use in a motor vehicle described in section #bfa7;b7 that is model year #bjcb or later shall incorporate into the dispensing equipment of the fuel retailer such 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 ensure compatibility with the motor vehicle design requirements under paragraph 7#a72 and 7,b7 technically and economically feasible4 7#c7 ,,epa determination of nationwide availability 7,a7 ,determination required ,not later than ,december #ca1 #bjcj1 and not later than each ,december #ca thereafter until the ,administrator determines that #ih research octane number gasoline can be made readily available nationwide1 the ,administrator shall-- 7i7 determine whether #ih research octane number gasoline can be made readily available nationwide2 and 7ii7 publish that determination in the ,federal ,register4 7,b7 ,effect ,the requirements of this subsection shall not take effect until the date on which the ,administrator-- 7i7 determines under subparagraph 7,a77i7 that #ih research octane number gasoline can be made readily available nationwide2 and 7ii7 publishes that determination under subparagraph 7,a77ii74 7,c7 ,failure to make determination ,if the ,administrator fails to make a determination under subparagraph 7,a7 by the applicable date under that subparagraph1 the ,administrator shall be deemed to have determined that #ih research octane number gasoline can be made readily available nationwide for purposes of subparagraph 7,b74 7d7 ,violations 7#a7 ,manufacturers 7,a7 ,in general ,any manufacturer who violates subsection 7b77#a7 or 7c77#a7 shall be subject to a civil penalty of not more than #e1jjj for each offense4 7,b7 ,separate offenses ,any violation described in subparagraph 7,a7 shall constitute a separate offense with respect to each motor vehicle4 7#b7 ,fuel retailer 7,a7 ,in general ,any fuel retailer who violates subsection 7b77#b7 or 7c77#b7 shall be subject to a civil penalty of not more than #b1ejj for each offense4 7,b7 ,separate offense ,any violation described in subparagraph 7,a7 with respect to dispensing equipment shall constitute a separate offense with respect to each unit of dispensing equipment in violation of the applicable subsection described in that subparagraph4 #bfd4 ,misfueling 7a7 ,prohibitions against tampering and defeat devices for motor vehicles ,in lieu of applying section #bjc7;a77#c7 with respect to the requirements of this part1 the following shall apply3 7#a7 ,no person shall-- 7,a7 remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection 7b77#a7 or 7c77#a7 of section #bfc prior to its sale and delivery to the ultimate purchaser2 or 7,b7 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-- 7,a7 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 7b77#a7 or 7c77#a7 of section #bfc2 and 7,b7 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 7b7 ,prohibitions against tampering and defeat devices for dispensing equipment ,no person shall-- 7#a7 remove or render inoperative any device or element of design installed pursuant to subsection 7b77#b7 or 7c77#b7 of section #bfc2 or 7#b7 sell1 or offer to sell1 or incorporate into1 any part or component intended for use with1 or as part of1 any dispensing equipment1 where-- 7,a7 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 7b77#b7 or 7c77#b7 of section #bfc2 and 7,b7 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 7c7 ,violations 7#a7 ,in general ,any person who violates this section shall be subject to a civil penalty of not more than #b1ejj4 7#b7 ,separate offenses ,any violation described in paragraph 7#a7 shall constitute a separate offense with respect to-- 7,a7 each motor vehicle or unit of dispensing equipment1 for purposes of subsections 7a77#a7 and 7b77#a72 and 7,b7 each part or component1 for purposes of subsections 7a77#b7 and 7b77#b74 #bfe4 ,octane standard 7a7 ,octane standard 7#a7 ,prohibition 7,a7 #ie research octane number marketing ,no person shall sell motor vehicle gasoline marketed as #ie research octane number unless that gasoline has a research octane number of #ie or greater4 7,b7 #ih research octane number marketing ,no person shall sell motor vehicle gasoline marketed as #ih research octane number unless that gasoline has a research octane number of #ih or greater4 7,c7 ,deemed compliance ,a person1 including any distributor1 blender1 marketer1 reseller1 carrier1 retailer1 or wholesaler1 shall be deemed to be in full compliance with this paragraph if the person can demonstrate1 through evidence deemed acceptable by the ,administrator1 that the person had reason to believe in good faith that the motor vehicle gasoline complied with subparagraph 7,a7 or 7,b74 7#b7 ,controls 7,a7 #ie research octane number availability ,effective ,january #a1 #bjbf1 any person that owns1 leases1 operates1 controls1 or supervises-- 7i7 a retail outlet at which #bjj1jjj or more gallons of gasoline were sold during calendar year #bjbc or any subsequent calendar year1 shall offer for sale motor vehicle gasoline of not less than #ie research octane number at that retail outlet2 or 7ii7 #f or more retail outlets offering motor vehicle gasoline for sale1 shall offer for sale motor vehicle gasoline of not less than #ie research octane number at not fewer than #fj percent of those retail outlets4 7,b7 #ih research octane number availability ,effective ,january #a1 #bjca1 any person that owns1 leases1 operates1 controls1 or supervises-- 7i7 a retail outlet at which #bjj1jjj or more gallons of gasoline were sold during calendar year #bjbi or any subsequent calendar year1 shall offer for sale motor vehicle gasoline of not less than #ih research octane number at that retail outlet2 or 7ii7 #f or more retail outlets offering motor vehicle fuel for sale1 shall offer for sale motor vehicle gasoline of not less than #ih research octane number at no fewer than #fj percent of those retail outlets4 7b7 ,violations ,any person that violates-- 7#a7 subsection 7a77#a71 7a77#b77;,a77i71 or 7a77#b77;,b77i7 shall be subject to a civil penalty of not more than #be1jjj for each day on which the violation continues2 and 7#b7 subsection 7a77#b77;,a77ii7 or 7a77#b77;,b77ii7 shall be subject to a civil penalty of not more than #b1ejj per day for each retail outlet owned1 leased1 operated1 controlled1 or supervised by that person4 #bff4 ,regulations ,the ,administrator shall-- 7#a7 not later than #a year after the date of enactment of the ,next ,generation ,fuels ,act of #bjbb1 propose regulations to carry out this part2 and 7#b7 not later than #b years after that date of enactment1 finalize regulations to carry out this part4 #bfg4 ,liability limitation and preemption 7a7 ,limitation of liability ,a manufacturer of a motor vehicle1 or a gasoline retailer1 that is in compliance with the requirements of this part and the requirements of sections #bjc7;e7 and #bjf 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 section #bfa7;b72 and 7#b7 that would not have occurred but for the introduction of gasoline with a research octane number required by this part4 7b7 ,preemption ,no ,state or any political subdivision of a ,state may adopt1 continue in effect1 or enforce1 any provision of law or regulation-- 7#a7 requiring 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 the provision of that law or regulation is the same as the corresponding provision under this part2 or 7#b7 limiting the concentration of ethanol in motor vehicle gasoline4 #bfh4 ,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 section #bfc or #bfd to the same extent and in the same manner as such provisions apply with respect to a violation of section #bjc7;a77#c74 4 #d4 ,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 beginning on the date that is #ahj days after the date on which the ,federal ,trade ,commission issues a final rule under subsection 7a71 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 ,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 vehicle that-- 7,i7 a model year #bjbg or later motor vehicle is only warrantied to use automotive fuel with a research octane number of #ie or higher2 and 7,,ii7 a model year #bjcb or later motor vehicle is only warrantied to use automotive fuel with a research octane number of #ih or higher2 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-- 7,i7 is lower than #ie in a model year #bjbg or later motor vehicle will result in reduced fuel economy1 increased exhaust emissions1 and possibly engine damage2 and 7,,ii7 is lower than #ih in a model year #bjcb or later motor vehicle will result in reduced fuel economy1 increased exhaust emissions1 and possibly engine damage2 and 7iii7 inform such ultimate purchaser of such automotive fuel and any purchaser or user of such motor vehicle that-- 7,i7 a model year #bjbg or later motor vehicle is warrantied to use gasoline containing up to and including #be percent ethanol by volume2 and 7,,ii7 a model year #bjcb or later motor vehicle is warrantied to use gasoline containing up to and including #cj percent ethanol by volume2 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 #bjbg or later motor vehicle2 and 7,b7 cost effective for automotive fuel retailers4 7d7 ,deadlines ,the ,federal ,trade ,commission shall-- 7#a7 not later than ,january #a1 #bjbe1 issue a proposed rule under subsection 7a72 and 7#b7 not later than ,july #a1 #bjbf1 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 #e4 ,advertisement of price of high-octane 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 7as such terms are defined in section #bja of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba77 of #ie or greater 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 #bd months after the date of 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 or greater 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 #f4 ,e#dj retail infrastructure standard ,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#dj-;,compatible retail infrastructure systems 7#a7 ,definitions ,in this subsection3 7,a7 ,automotive fuel ,the term automotive fuel has the meaning given the term in section #bja of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba74 7,b7 ,compatible ,the term compatible means1 to the extent feasible1 certified by a nationally recognized testing laboratory recognized by the ,occupational ,safety and ,health ,administration in accordance with section #aiaj4g of title #bi1 ,code of ,federal ,regulations 7or any successor regulations7 to maintain system performance throughout the operational life of the dispenser system4 7,c7 ,dispenser system ,the term dispenser system has the meaning given the term in section #bhj4ab of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7#b7 ,performance standards ,the ,administrator shall1 not later than ,january #a1 #bjbd1 issue or revise1 as necessary1 performance standards for underground storage tank systems and dispenser systems that are brought into use on or after ,january #a1 #bjbd1 to require that those systems be compatible with automotive fuel consisting of gasoline and at least #dj percent ethanol by volume4 7#c7 ,compatibility ,an owner or operator may demonstrate the compatibility of an underground storage tank system with automotive fuel containing any concentration of ethanol through the use of a secondary containment system that is able-- 7,a7 to contain regulated substances leaked from the primary containment system until the regulated substances are detected and removed2 and 7,b7 to prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system4 4 #g4 ,registration testing1 ,reid vapor pressure1 and substantially similar waivers 7a7 ,registration testing waiver ,section #baa7;e7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;e77 is amended by adding at the end the following3 7#d7 ,fuels consisting of gasoline and no more than #cj percent ethanol by volume that meet the requirements of subsection 7f77#c7 shall be deemed-- 7,a7 to have satisfied any testing regulations promulgated under this subsection2 and 7,b7 to be immediately eligible for registration under subsection 7b7 without further testing4 4 7b7 ,reid vapor pressure waiver ,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 7c7 ,substantially similar waiver ,section #baa7;f7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;f77 is amended-- 7#a7 by striking the subsection designation and all that follows through ,effective upon in subparagraph 7,b7 and inserting the following3 7f7 7#a7 ,effective upon 2 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,fuels consisting of gasoline and ethanol may be introduced into commerce under this subsection for use in motor vehicles described in section #bfa7;b71 provided that the finished fuel-- 7,a7 does not exceed the warranted ethanol levels described in section #bfc7;a72 7,b7 meets the physical and chemical criteria specified by ,,astm ,international ,standard ,d#dhad-bj for gasoline with #ae percent ethanol2 and 7,c7 consists solely of carbon1 hydrogen1 oxygen1 and sulfur1 excepting any impurities present at trace levels that are gaseous upon combustion4 2 and 7#c7 in paragraph 7#d71 in the first sentence1 by striking or 7#c74 #h4 ,clean octane standard ,section #baa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking or 7o7 each place it appears and inserting 7o71 or 7w72 and 7,b7 in paragraph 7#b71 by striking and 7o7 each place it appears and inserting 7o71 and 7w72 and 7#b7 by adding at the end the following3 7w7 ,clean octane standard 7#a7 ,definitions ,in this subsection3 7,a7 ,baseline lifecycle greenhouse gas emissions ,the term baseline lifecycle greenhouse gas emissions means the average lifecycle greenhouse gas emissions1 as determined by the ,administrator1 in consultation with the ,director of the ,argonne ,national ,laboratory1 for unblended gasoline sold or distributed as transportation fuel in #bjbb4 7,b7 ,lifecycle greenhouse gas emissions ,the term lifecycle greenhouse gas emissions means the aggregate quantity of greenhouse gas emissions as determined by the ,secretary of ,energy using the version of the ,argonne ,national ,laboratory ,greenhouse gases1 ,regulated ,emissions1 and ,energy use in ,transportation 7,,greet7 model in effect as of the date of enactment of the ,next ,generation ,fuels ,act of #bjbb4 7,c7 ,research octane number ,the term research octane number has the meaning given the term in section #bja of the ,petroleum ,marketing ,practices ,act 7#ae ,u4,s4,c4 #bhba74 7#b7 ,aromatics 7,a7 ,annual average limitation ,effective beginning on ,january #a1 #bjbf1 it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains1 on an average annual basis1 an aromatic hydrocarbon concentration in excess of #ag4e percent by volume4 7,b7 #bjbf cap ,effective beginning on ,january #a1 #bjbf1 it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains an aromatic hydrocarbon concentration in excess of #cj percent by volume4 7,c7 #bjca cap ,effective beginning on ,january #a1 #bjca1 it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains an aromatic hydrocarbon content in excess of #be percent by volume4 7,d7 ,oxygenate adjustment for gasoline blendstock 7i7 ,in general ,for purposes of compliance with this paragraph1 the aromatics volume of motor vehicle gasoline produced as blendstock for oxygenate blending may be adjusted based on the specified type and amount of oxygenate required to be added downstream4 7ii7 ,requirements ,any adjustment under clause 7i7 shall be made through-- 7,i7 the preparation of a hand blend containing oxygenate2 or 7,,ii7 any other method deemed acceptable to the ,administrator4 7,e7 ,regulations 7i7 ,in general ,the ,administrator shall promulgate regulations to implement this paragraph4 7ii7 ,contents ,regulations promulgated under clause 7i7 shall allow for the generation of tradeable credits to meet the requirement of subparagraph 7,a71 but any credits shall expire after not more than #e years4 7iii7 ,initial regulations ,not later than ,january #a1 #bjbf1 the ,administrator shall promulgate final regulations under clause 7i74 7#c7 ,low-carbon octane 7,a7 ,prohibition ,effective beginning on ,january #a1 #bjbf1 no refiner or importer shall introduce into commerce motor vehicle gasoline with a research octane number of #ie or higher except through the use of a fuel additive that has average lifecycle greenhouse gas emissions that 7as determined by the ,secretary of ,energy using the version of the ,argonne ,national ,laboratory ,greenhouse gases1 ,regulated ,emissions1 and ,energy use in ,transportation 7,,greet7 model in effect as of the date of enactment of the ,next ,generation ,fuels ,act of #bjbb7 are at least #dj percent less than baseline lifecycle greenhouse gas emissions4 7,b7 ,regulations 7i7 ,in general ,the ,administrator shall promulgate regulations to implement this paragraph4 7ii7 ,contents ,regulations promulgated under clause 7i7 shall-- 7,i7 determine the baseline lifecycle greenhouse gas emissions for purposes of this paragraph2 7,,ii7 determine the average lifecycle greenhouse gas emissions of sources of octane value for purposes of this paragraph2 and 7,,iii7 ensure that the requirements of this paragraph are met4 7iii7 ,initial regulations ,not later than ,january #a1 #bjbe1 the ,administrator shall promulgate final regulations under clause 7i74 4 #i4 ,new fuel effects study 7a7 ,fuel effects study 7#a7 ,study required ,subject to subsection 7b71 the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall carry out a study of the emissions effects of ethanol-blended fuels in light-duty vehicles and light-duty trucks1 for the purpose of updating the ,motor ,vehicle ,emission ,simulator modeling system4 7#b7 ,requirements ,in designing and conducting the study under paragraph 7#a71 the ,administrator shall-- 7,a7 select test fuels that-- 7i7 reflect a range of ethanol concentrations between #j and at least #be percent by volume2 and 7ii7 are representative of fuels that are widely available on the date of enactment of this ,act or reasonably could be available regionally or nationally1 taking into account fuel refinery operations and economics1 including the cost of reformate2 7,b7 select test vehicles that are representative of vehicles of recent model years as of the date of enactment of this ,act that include relevant technologies that are1 or reasonably may come to be1 in widespread use2 7,c7 measure emission products of combustion including1 at a minimum-- 7i7 particulate matter of #b4e micrometers in diameter or less2 7ii7 ultrafine particulate matter of #j4a micrometers in diameter or less2 7iii7 nitrogen oxides2 7iv7 total hydrocarbons2 7v7 nonmethane organic gas2 7vi7 carbon monoxide2 7vii7 benzene2 7viii7 toluene2 7ix7 ethylbenzene2 7x7 xylene2 7xi7 #a1c-;butadiene2 7xii7 ethanol2 and 7xiii7 polycyclic aromatic hydrocarbons1 including at a minimum benzo7a7pyrene2 7,d7 measure the tendency of measured emissions to form secondary organic aerosols and any other relevant secondary air pollution2 and 7,e7 consult with the ,secretary of ,energy1 the ,secretary of ,agriculture1 and the ,secretary of ,transportation 7or their delegates74 7b7 ,certification by ,secretary of ,energy ,the ,administrator shall-- 7#a7 provide the proposed design of the study under subsection 7a7 to the ,secretary of ,energy for review2 and 7#b7 not commence the study under subsection 7a7 until the ,secretary of ,energy certifies in writing that the design of the study complies with the requirements of subsection 7a74 #aj4 ,dual-fueled automobile default utilization factor 7a7 ,in general ,section #cbije of title #di1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following3 7b7 ,dual-,fueled automobiles 7#a7 ,in general ,except as provided in subsection 7d7 or section #cbijd7;a77#b7-- 7,a7 for any model of dual-fueled automobile manufactured by a manufacturer in model years #aiic through #bjai1 the ,administrator of the ,environmental ,protection ,agency shall measure the fuel economy for that model by dividing #a4j by the sum of-- 7i7 #j4e divided by the fuel economy measured under section #cbijd7;c7 when operating the model on gasoline or diesel fuel2 and 7ii7 #j4e divided by the fuel economy-- 7,i7 measured under subsection 7a7 when operating the model on alternative fuel2 or 7,,ii7 measured based on the fuel content of ,b#bj when operating the model on ,b#bj1 which is deemed to contain #j4ae gallon of fuel2 and 7,b7 subject to paragraph 7#b71 for any model of dual-fueled automobile manufactured by a manufacturer in model year #bjbc or later1 the ,administrator of the ,environmental ,protection ,agency shall measure the fuel economy for that model by dividing #a4j by the sum of-- 7i7 #j4gi divided by the fuel economy measured under section #cbijd7;c7 when operating the model on gasoline or diesel fuel2 and 7ii7 #j4ba divided by the fuel economy measured under subsection 7a7 when operating the model on alternative fuel4 7#b7 ,higher utilization factor for new models ,a manufacturer may demonstrate that a higher utilization factor applies to any model of dual-fueled automobile manufactured by the manufacturer in model year #bjbc or later4 4 7b7 ,testing procedures ,section #bjf of the ,clean ,air ,act 7#db ,u4,s4,c4 #gebe7 is amended by adding at the end the following3 7i7 ,requirement ,to update test procedures ,not later than ,july #a1 #bjbc1 the ,administrator shall amend the test procedures promulgated under this section to be in accordance with section #cbije7;b77#a77;,b7 of title #di1 ,united ,states ,code4 4 #aa4 ,transfers of credits for exceeding average fuel economy standards ,section #cbijc7;g7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,maximum increase ,the maximum increase in any compliance category attributable to transferred credits is-- 7,a7 for model year #bjba1 #d4j miles per gallon2 and 7,b7 for model year #bjbb and subsequent model years1 #f4j miles per gallon4 4 #ab4 ,extension and expansion of alternative fuel vehicle refueling property credit 7a7 ,in general ,section #cj;,c of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by amending subsection 7c7 to read as follows3 7c7 ,definitions ,for purposes of this section-- 7#a7 ,qualified alternative fuel vehicle refueling property ,the term qualified alternative fuel vehicle refueling property means any property 7not including a building and its structural components7 if-- 7,a7 such property is of a character subject to the allowance for depreciation1 7,b7 the original use of such property begins with the taxpayer1 and is not used as the principal residence 7within the meaning of section #aba7 of the taxpayer1 and 7,c7 such property is used-- 7i7 for the storage or dispensing of a qualifying fuel into the fuel tank of a motor vehicle propelled by such fuel1 but only if the storage or dispensing of the fuel is at the point where such fuel is delivered into the fuel tank of the motor vehicle1 or 7ii7 for the recharging of motor vehicles propelled by electricity1 but only if such property is located at the point where the motor vehicles are recharged4 7#b7 ,qualifying fuel ,the term qualifying fuel means-- 7,a7 any fuel at least #ej percent of the volume of which consists of natural gas1 compressed natural gas1 liquified natural gas1 liquefied petroleum gas1 or hydrogen1 or 7,b7 any fuel mixture at least #bj percent of the volume of which consists of ethanol or biodiesel1 without regard to any denaturant or kerosene used in such mixture4 1 and 7#b7 in subsection 7g71 by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbg4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjba4