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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 85. AIR POLLUTION PREVENTION AND CONTROL |
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SubChapter II. EMISSION STANDARDS FOR MOVING SOURCES |
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Part A. Motor Vehicle Emission and Fuel Standards |
§ 7545. Regulation of fuels
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(a) Authority of Administrator to regulate The Administrator may by regulation designate any fuel or fuel additive (including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles) and, after such date or dates as may be prescribed by him, no manufacturer or processor of any such fuel or additive may sell, offer for sale, or introduce into commerce such fuel or additive unless the Administrator has registered such fuel or additive in accordance with subsection (b) of this section.
(b) Registration requirement (1) For the purpose of registration of fuels and fuel additives, the Administrator shall require— (A) the manufacturer of any fuel to notify him as to the commercial identifying name and manufacturer of any additive contained in such fuel; the range of concentration of any additive in the fuel; and the purpose-in-use of any such additive; and (B) the manufacturer of any additive to notify him as to the chemical composition of such additive. (2) For the purpose of registration of fuels and fuel additives, the Administrator shall, on a regular basis, require the manufacturer of any fuel or fuel additive— (A) to conduct tests to determine potential public health and environmental effects of the fuel or additive (including carcinogenic, teratogenic, or mutagenic effects); and (B) to furnish the description of any analytical technique that can be used to detect and measure any additive in such fuel, the recommended range of concentration of such additive, and the recommended purpose-in-use of such additive, and such other information as is reasonable and necessary to determine the emissions resulting from the use of the fuel or additive contained in such fuel, the effect of such fuel or additive on the emission control performance of any vehicle, vehicle engine, nonroad engine or nonroad vehicle, or the extent to which such emissions affect the public health or welfare. Tests under subparagraph (A) shall be conducted in conformity with test procedures and protocols established by the Administrator. The result of such tests shall not be considered confidential. (3) Upon compliance with the provision of this subsection, including assurances that the Administrator will receive changes in the information required, the Administrator shall register such fuel or fuel additive. (4) Study on certain fuel additives and blendstocks.— (A) In general.— Not later than 2 years after August 8, 2005 , the Administrator shall—(i) conduct a study on the effects on public health (including the effects on children, pregnant women, minority or low-income communities, and other sensitive populations), air quality, and water resources of increased use of, and the feasibility of using as substitutes for methyl tertiary butyl ether in gasoline— (I) ethyl tertiary butyl ether; (II) tertiary amyl methyl ether; (III) di-isopropyl ether; (IV) tertiary butyl alcohol; (V) other ethers and heavy alcohols, as determined by then for a gasoline retailer, during any month of the year, to blend at a retail location batches of ethanol-blended and non-ethanol-blended reformulated gasoline, provided that— (A) each batch of gasoline to be blended has been individually certified as in compliance with subsections (h) and (k) of this section prior to being blended; (B) the retailer notifies the Administrator prior to such blending, and identifies the exact location of the retail station and the specific tank in which such blending will take place; (C) the retailer retains and, as requested by the Administrator or the Administrator’s designee, makes available for inspection such certifications accounting for all gasoline at the retail outlet; and (D) the retailer does not, between June 1 and September 15 of each year, blend a batch of VOC-controlled, or “summer”, gasoline with a batch of non-VOC-controlled, or “winter”, gasoline (as these terms are defined under subsections (h) and (k) of this section). (2) Limitations (A) Frequency limitation A retailer shall only be permitted to blend batches of compliant reformulated gasoline under this subsection a maximum of two blending periods between May 1 and September 15 of each calendar year.
(B) Duration of blending period Each blending period authorized under subparagraph (A) shall extend for a period of no more than 10 consecutive calendar days.
(3) Surveys A sample of gasoline taken from a retail location that has blended gasoline within the past 30 days and is in compliance with subparagraphs (A), (B), (C), and (D) of paragraph (1) shall not be used in a VOC survey mandated by 40 CFR Part 80.
(4) State implementation plans A State shall be held harmless and shall not be required to revise its State implementation plan under section 7410 of this title to account for the emissions from blended gasoline authorized under paragraph (1).
(5) Preservation of State law Nothing in this subsection shall— (A) preempt existing State laws or regulations regulating the blending of compliant gasolines; or (B) prohibit a State from adopting such restrictions in the future. (6) Regulations The Administrator shall promulgate, after notice and comment, regulations implementing this subsection within 1 year after
August 8, 2005 .(7) Effective date This subsection shall become effective 15 months after
August 8, 2005 , and shall apply to blended batches of reformulated gasoline on or after that date, regardless of whether the implementing regulations required by paragraph (6) have been promulgated by the Administrator by that date.(8) Liability No person other than the person responsible for blending under this subsection shall be subject to an enforcement action or penalties under subsection (d) of this section solely arising from the blending of compliant reformulated gasolines by the retailers.
(9) Formulation of gasoline This subsection does not grant authority to the Administrator or any State (or any subdivision thereof) to require reformulation of gasoline at the refinery to adjust for potential or actual emissions increases due to the blending authorized by this subsection.
(u) Standard specifications for biodiesel (1) Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 20 percent biodiesel (commonly known as “B20”) within 1 year after December 19, 2007 , the Administrator shall initiate a rulemaking to establish a uniform per gallon fuel standard for such fuel and designate an identification number so that vehicle manufacturers are able to design engines to use fuel meeting such standard.(2) Unless the American Society for Testing and Materials has adopted a standard for diesel fuel containing 5 percent biodiesel (commonly known as “B5”) within 1 year after December 19, 2007 , the Administrator shall initiate a rulemaking to establish a uniform per gallon fuel standard for such fuel and designate an identification so that vehicle manufacturers are able to design engines to use fuel meeting such standard.(3) Whenever the Administrator is required to initiate a rulemaking under paragraph (1) or (2), the Administrator shall promulgate a final rule within 18 months after December 19, 2007 .(4) Not later than 180 days after December 19, 2007 , the Administrator shall establish an annual inspection and enforcement program to ensure that diesel fuel containing biodiesel sold or distributed in interstate commerce meets the standards established under regulations under this section, including testing and certification for compliance with applicable standards of the American Society for Testing and Materials. There are authorized to be appropriated to carry out the inspection and enforcement program under this paragraph $3,000,000 for each of fiscal years 2008 through 2010.(5) For purposes of this subsection, the term “biodiesel” has the meaning provided by section 13220(f) of this title. (v) Prevention of air quality deterioration (1) Study (A) In general Not later than 18 months after
December 19, 2007 , the Administrator shall complete a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this chapter.(B) Considerations The study shall include consideration of— (i) different blend levels, types of renewable fuels, and available vehicle technologies; and (ii) appropriate national, regional, and local air quality control measures. (2) Regulations Not later than 3 years after December 19, 2007 , the Administrator shall—(A) promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph (1), any adverse impacts on air quality, as the result of the renewable volumes required by this section; or (B) make a determination that no such measures are necessary.
References In Text
Section 7521(l) of this title, referred to in subsec. (k)(1)(B)(vi), was in the original “section 202(1) of the Clean Air Act”, which was translated as meaning section 202(l) of the Clean Air Act, to reflect the probable intent of Congress.
The Energy Policy Act of 2005, referred to in subsec. (q)(1)(A), is Pub. L. 109–58,
Executive Order 13134, referred to in subsec. (s)(4)(B), which was set out as a note under section 8601 of Title 7, Agriculture, was revoked by Ex. Ord. No. 13423, § 11(a)(iii),
This part, referred to in subsec. (t)(1), was in the original “this subtitle” which was translated as “this part”, meaning part A of title II of act
Codification
Section was formerly classified to section 1857f–6c of this title.
Prior Provisions
A prior section 211 of act
Amendments
2007—Subsec. (c)(1). Pub. L. 110–140, § 208, substituted “nonroad vehicle if, in the judgment of the Administrator, any fuel or fuel additive or” for “nonroad vehicle (A) if in the judgment of the Administrator” and “air pollution or water pollution (including any degradation in the quality of groundwater) that” for “air pollution which”.
Subsec. (f)(4). Pub. L. 110–140, § 251, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Administrator, upon application of any manufacturer of any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection or the limitation specified in paragraph (2) of this subsection, if he determines that the applicant has established that such fuel or fuel additive or a specified concentration thereof, and the emission products of such fuel or additive or specified concentration thereof, will not cause or contribute to a failure of any emission control device or system (over the useful life of any vehicle in which such device or system is used) to achieve compliance by the vehicle with the emission standards with respect to which it has been certified pursuant to section 7525 of this title. If the Administrator has not acted to grant or deny an application under this paragraph within one hundred and eighty days of receipt of such application, the waiver authorized by this paragraph shall be treated as granted.”
Subsec. (o)(1). Pub. L. 110–140, § 201, amended par. (1) generally. Prior to amendment, par. (1) defined “cellulosic biomass ethanol”, “waste derived ethanol”, “renewable fuel”, and “small refinery”.
Subsec. (o)(2)(A)(i). Pub. L. 110–140, § 202(a)(1), inserted at end “Not later than 1 year after
Subsec. (o)(2)(B). Pub. L. 110–140, § 202(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set forth table of applicable volumes for renewable fuel and related to determination of applicable volumes after the years addressed by the table, including the minimum quantity of renewable fuel to be derived from cellulosic biomass and the method of calculating the minimum applicable volume.
Subsec. (o)(3)(A). Pub. L. 110–140, § 202(b)(1), (2), substituted “2021” for “2011” and “transportation fuel, biomass-based diesel, and cellulosic biofuel” for “gasoline”.
Subsec. (o)(3)(B)(i). Pub. L. 110–140, § 202(b)(3), substituted “2021” for “2012”.
Subsec. (o)(3)(B)(ii)(II). Pub. L. 110–140, § 202(b)(4), substituted “transportation fuel” for “gasoline”.
Subsec. (o)(4). Pub. L. 110–140, § 202(c), amended par. (4) generally. Prior to amendment, text read as follows: “For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.”
Subsec. (o)(5)(E). Pub. L. 110–140, § 202(d), added subpar. (E).
Subsec. (o)(7)(A). Pub. L. 110–140, § 202(e)(1), inserted “, by any person subject to the requirements of this subsection, or by the Administrator on his own motion” after “one or more States” in introductory provisions.
Subsec. (o)(7)(B). Pub. L. 110–140, § 202(e)(1), struck out “State” before “petition for a waiver”.
Subsec. (o)(7)(D) to (F). Pub. L. 110–140, § 202(e)(2), (3), added subpars. (D) to (F).
Subsec. (o)(11). Pub. L. 110–140, § 203(f), added par. (11).
Subsec. (o)(12). Pub. L. 110–140, § 210(b), added par. (12).
Subsecs. (r), (s). Pub. L. 110–140, § 247, redesignated subsecs. (r), relating to conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels, and (s) as (s) and (t), respectively.
Subsec. (u). Pub. L. 110–140, § 247, which directed amendment of this section by adding subsec. (u) at the end, was executed by adding subsec. (u) after subsec. (t) to reflect the probable intent of Congress.
Subsec. (v). Pub. L. 110–140, § 209, added subsec. (v).
2005—Subsec. (b)(2). Pub. L. 109–58, § 1505(1)(A), substituted “shall, on a regular basis,” for “may also” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–58, § 1505(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “to conduct tests to determine potential public health effects of such fuel or additive (including, but not limited to, carcinogenic, teratogenic, or mutagenic effects), and”.
Subsec. (b)(4). Pub. L. 109–58, § 1505(2), added par. (4).
Subsec. (c)(4)(C). Pub. L. 109–58, § 1541(a), designated existing provisions as cl. (i) and added cls. (ii) to (iv) and (v) relating to waiver authority.
Subsec. (c)(4)(C)(v). Pub. L. 109–58, § 1541(b), added cl. (v) relating to approval of fuels.
Subsec. (d)(1). Pub. L. 109–58, § 1501(b)(1), substituted “(n), or (o)” for “or (n)” in two places in first sentence and “(m), or (o)” for “or (m)” in second sentence.
Subsec. (d)(2). Pub. L. 109–58, § 1501(b)(2), substituted “(n), and (o)” for “and (n)” in two places in first sentence.
Subsec. (h)(5), (6). Pub. L. 109–58, § 1501(c), added par. (5) and redesignated former par. (5) as (6).
Subsec. (k)(1). Pub. L. 109–58, § 1504(b), designated existing provisions as subpar. (A), inserted heading, substituted “Not later than
Subsec. (k)(2)(A). Pub. L. 109–58, § 1504(a)(1)(A)(i), struck out “(including the oxygen content requirement contained in subparagraph (B))” after “requirements of this paragraph”.
Subsec. (k)(2)(B) to (D). Pub. L. 109–58, § 1504(a)(1)(A)(ii), (iii), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out heading and text of former subpar. (B). Text read as follows: “The oxygen content of the gasoline shall equal or exceed 2.0 percent by weight (subject to a testing tolerance established by the Administrator) except as otherwise required by this chapter. The Administrator may waive, in whole or in part, the application of this subparagraph for any ozone nonattainment area upon a determination by the Administrator that compliance with such requirement would prevent or interfere with the attainment by the area of a national primary ambient air quality standard.”
Subsec. (k)(3)(A)(v). Pub. L. 109–58, § 1504(a)(1)(B), struck out heading and text of cl. (v). Text read as follows: “The oxygen content of the reformulated gasoline shall equal or exceed 2.0 percent by weight (subject to a testing tolerance established by the Administrator) except as otherwise required by this chapter.”
Subsec. (k)(6). Pub. L. 109–58, § 1507, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), inserted subpar. and cl. headings, in cl. (ii) substituted “clause (i)” for “subparagraph (A)” and “this subparagraph” for “this paragraph”, and added subpar. (B).
Subsec. (k)(7)(A). Pub. L. 109–58, § 1504(a)(1)(C)(i), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: “has an oxygen content (by weight) that exceeds the minimum oxygen content specified in paragraph (2);”.
Subsec. (k)(7)(C)(ii), (iii). Pub. L. 109–58, § 1504(a)(1)(C)(ii), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “An average gasoline oxygen content (by weight) for the nonattainment area (taking into account all gasoline sold for use in conventional gasoline-fueled vehicles in the nonattainment area) lower than the average gasoline oxygen content (by weight) that would occur in the absence of using any such credits.”
Subsec. (o). Pub. L. 109–58, § 1501(a)(2), added subsec. (o). Former subsec. (o) redesignated (r) relating to fuel and fuel additive importers and importation.
Subsec. (q). Pub. L. 109–58, § 1506, which directed amendment of this section by adding subsec. (q) after subsec. (p), was executed by making the addition after subsec. (o) to reflect the probable intent of Congress.
Subsec. (r). Pub. L. 109–58, § 1512, added subsec. (r) relating to conversion assistance for cellulosic biomass, waste-derived ethanol, approved renewable fuels.
Pub. L. 109–58, § 1501(a)(1), redesignated subsec. (o) as (r) relating to fuel and fuel additive importers and importation.
Subsec. (s). Pub. L. 109–58, § 1513, added subsec. (s).
1990—Subsec. (a). Pub. L. 101–549, § 212, inserted “(including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles)” after “fuel or fuel additive”.
Subsecs. (b)(2)(B), (c)(1). Pub. L. 101–549, § 212(b), (c), inserted reference to nonroad engine or nonroad vehicle.
Subsec. (c)(4)(A). Pub. L. 101–549, § 213(a), substituted “any characteristic or component of a” for “use of a”, inserted “of the characteristic or component of a fuel or fuel additive” after “control or prohibition” in cl. (i), and inserted “characteristic or component of a” after “such” in cl. (ii).
Subsec. (c)(4)(C). Pub. L. 101–549, § 213(b), inserted last two sentences, authorizing Administrator to make a finding that State control or prohibition is necessary to achieve the standard.
Subsec. (d). Pub. L. 101–549, § 228(d), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any person who violates subsection (a) or (f) of this section or the regulations prescribed under subsection (c) of this section or who fails to furnish any information required by the Administrator under subsection (b) of this section shall forfeit and pay to the United States a civil penalty of $10,000 for each and every day of the continuance of such violation, which shall accrue to the United States and be recovered in a civil suit in the name of the United States, brought in the district where such person has his principal office or in any district in which he does business. The Administrator may, upon application therefor, remit or mitigate any forfeiture provided for in this subsection and he shall have authority to determine the facts upon all such applications.”
Subsec. (f)(1). Pub. L. 101–549, § 214(a), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (f)(3). Pub. L. 101–549, § 214(b), substituted reference to paragraph (1)(A) for reference to paragraph (1).
Subsec. (g). Pub. L. 101–549, § 215, amended subsec. (g) generally, substituting present provisions for provisions which defined “gasoline”, “refinery”, and “small refinery” and which limited Administrator’s authority to require small refineries to reduce average lead content per gallon of gasoline.
Subsec. (h). Pub. L. 101–549, § 216, added subsec. (h).
Subsec. (i). Pub. L. 101–549, § 217, added subsec. (i).
Subsec. (j). Pub. L. 101–549, § 218(a), added subsec. (j).
Subsecs. (k) to (m). Pub. L. 101–549, § 219, added subsecs. (k) to (m).
Subsec. (n). Pub. L. 101–549, § 220, added subsec. (n).
Subsec. (o). Pub. L. 101–549, § 221, added subsec. (o).
1977—Subsec. (c)(1)(A). Pub. L. 95–95, § 401(e), substituted “if in the judgment of the Administrator any emission product of such fuel or fuel additive causes, or contributes, to air pollution which may reasonably be anticipated to endanger” for “if any emission products of such fuel or fuel additive will endanger”.
Subsec. (d). Pub. L. 95–95, § 222(b), inserted “or (f)” after “Any person who violates subsection (a)”.
Subsecs. (e), (f). Pub. L. 95–95, § 222(a), added subsecs. (e) and (f).
Subsec. (f)(2). Pub. L. 95–190, § 14(a)(73), inserted provision relating to waiver under par. (4) of this subsec., and struck out “first” before “introduce”.
Subsec. (f)(4). Pub. L. 95–190, § 14(a)(74), inserted provision relating to applicability of limitation specified under par. (2) of this subsection.
Subsec. (g). Pub. L. 95–95, § 223, added subsec. (g).
1971—Subsec. (c)(3)(A). Pub. L. 92–157, § 302(d), substituted “purpose of obtaining” for “purpose of”.
Subsec. (d). Pub. L. 92–157, § 302(e), substituted “subsection (b)” for “subsection (c)” where appearing the second time.
1970—Subsec. (a). Pub. L. 91–604, § 9(a), substituted “Administrator” for “Secretary” as the registering authority, inserted references to fuel additives, and substituted the selling, offering for sale, and introduction into commerce of fuel or fuel additives, for the delivery for introduction into interstate commerce or delivery to another person who can reasonably be expected to deliver fuel into interstate commerce.
Subsec. (b). Pub. L. 91–604, § 9(a), designated existing provisions as pars. (1) and (3), added par. (2), and substituted “Administrator” for “Secretary” wherever appearing.
Subsec. (c). Pub. L. 91–604, § 9(a), substituted provisions covering the control or prohibition of offending fuels and fuel additives, for provisions covering trade secrets and substituted “Administrator” for “Secretary” wherever appearing.
Subsec. (d). Pub. L. 91–604, § 9(a), inserted references to failure to obey regulations prescribed under subsec. (c) and failure to furnish information required by the Administrator under subsec. (c), increased the daily civil penalty from $1,000 to $10,000 and substituted “Administrator” for “Secretary”.
Subsec. (e). Pub. L. 91–604, § 9(a), struck out subsec. (e) which directed the various United States Attorneys to prosecute for the recovery of forfeitures.
Effective Date Of Amendment
Pub. L. 110–140, title II, § 210(c),
Amendment by Pub. L. 110–140 effective on the date that is 1 day after
Pub. L. 109–58, title XV, § 1504(a)(2),
Amendment by Pub. L. 95–95 effective
Miscellaneous
Pub. L. 109–58, title XV, § 1504(d),
Pub. L. 110–140, title II, § 204,
Pub. L. 110–140, title II, § 210(a),
Pub. L. 109–58, title XV, § 1501(d),
Pub. L. 109–58, title XV, § 1502,
Pub. L. 109–58, title XV, § 1503,
Pub. L. 100–203, title I, § 1508,
Pub. L. 99–198, title XVII, § 1765,
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act