HR 4345 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4345CommentsClose CommentsPermalink

To provide liability protection for claims based on the design, manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 30, 2012CommentsClose CommentsPermalink

Mr. SHIMKUS (for himself, Mr. ROSS of Arkansas, Mr. SULLIVAN, and Mr. PETERSON) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide liability protection for claims based on the design, manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Domestic Fuels Protection Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. FUEL COMPATIBILITY.

(a) Compatibility- Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating section 9014 as section 9015; andCommentsClose CommentsPermalink





(2) by inserting after section 9013 the following:CommentsClose CommentsPermalink

‘SEC. 9014. COMPATIBILITY.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ASSOCIATED DISPENSING EQUIPMENT- The term ‘associated dispensing equipment’ means equipment, at a stationary facility, that is--CommentsClose CommentsPermalink





‘(A) used for the storage and dispensing of any fuel or fuel additive described in subsection (b)(3)(A) and that dispenses the fuel or fuel additive into any fuel tank of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment; andCommentsClose CommentsPermalink





‘(B) subject to regulation under sections 1910.106 and 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2012).CommentsClose CommentsPermalink





‘(2) COMPATIBLE- The term ‘compatible’ has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2012).CommentsClose CommentsPermalink





‘(3) MOTOR VEHICLE- The term ‘motor vehicle’ has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).CommentsClose CommentsPermalink





‘(4) MOTOR VEHICLE ENGINE- The term ‘motor vehicle engine’ means an engine in a motor vehicle.CommentsClose CommentsPermalink





‘(5) NONROAD ENGINE- The term ‘nonroad engine’ has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).CommentsClose CommentsPermalink





‘(6) NONROAD EQUIPMENT- The term ‘nonroad equipment’ means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that is powered by a nonroad engine.CommentsClose CommentsPermalink





‘(7) NONROAD VEHICLE- The term ‘nonroad vehicle’ has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).CommentsClose CommentsPermalink





‘(8) PROVIDER OF FINANCIAL ASSURANCE- The term ‘provider of financial assurance’ has the meaning given the term in section 280.92 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2012).CommentsClose CommentsPermalink





‘(9) UNDERGROUND STORAGE TANK SYSTEM- The term ‘underground storage tank system’ means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.CommentsClose CommentsPermalink





‘(b) Compatibility With Fuels-CommentsClose CommentsPermalink





‘(1) LIABILITY- No person shall be liable under any Federal, State, or local law (including common law) because an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3).CommentsClose CommentsPermalink





‘(2) FINANCIAL ASSURANCE- A provider of financial assurance shall not deny payment for any claim on the basis that an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3).CommentsClose CommentsPermalink





‘(3) GUIDELINES AND REGULATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Paragraphs (1) and (2) apply to any underground storage tank, underground storage tank system, and associated dispensing equipment that meets any guidelines or regulations, which may be revised under subparagraph (B), issued by the Administrator and in effect on the date of enactment of the Domestic Fuels Protection Act of 2012, addressing compatibility of such tanks, systems, or equipment with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law, for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment.CommentsClose CommentsPermalink





‘(B) REGULATIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 1 year after the date of enactment of the Domestic Fuels Protection Act of 2012, the Administrator shall issue, or if applicable revise, regulations setting standards for determining whether an underground storage tank, underground storage tank system, or associated dispensing equipment is compatible with a fuel or fuel additive described in subparagraph (A).CommentsClose CommentsPermalink





‘(ii) MINIMUM STANDARDS- The regulations issued under clause (i) shall include minimum standards and processes for certification by the Administrator or by an owner, operator, or manufacturer of underground storage tanks, underground storage tank systems, or associated dispensing equipment, to ensure compatibility.CommentsClose CommentsPermalink





‘(4) UNDERGROUND STORAGE TANKS, UNDERGROUND STORAGE TANK SYSTEMS, AND ASSOCIATED DISPENSING EQUIPMENT PREVIOUSLY LISTED AS COMPATIBLE- Any underground storage tank, underground storage tank system, or associated dispensing equipment that, on or before the date of enactment of the Domestic Fuels Protection Act of 2012, is listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (3)(A) shall be deemed compatible with such fuel or fuel additive under the regulations issued under this subsection.CommentsClose CommentsPermalink





‘(5) ADMINISTRATION- Nothing in this section affects--CommentsClose CommentsPermalink





‘(A) the introduction into commerce, offering for sale, or sale of any fuel or fuel additive; orCommentsClose CommentsPermalink





‘(B) any applicable requirement, including any requirement under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).’.CommentsClose CommentsPermalink





(b) Conforming Amendments- The Solid Waste Disposal Act is amended--CommentsClose CommentsPermalink





(1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)), by striking ‘section 9014(2)(B)’ and inserting ‘section 9015(2)(B)’;CommentsClose CommentsPermalink





(2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by striking ‘section 9014(2)(A)’ and inserting ‘section 9015(2)(A)’; andCommentsClose CommentsPermalink





(3) in section 9011 (42 U.S.C. 6991j), by striking ‘section 9014(2)(D)’ and inserting ‘section 9015(2)(D)’.CommentsClose CommentsPermalink





(c) Table of Contents- The table of contents contained in section 1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking the item relating to section 9014 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 9014. Compatibility.CommentsClose CommentsPermalink





‘Sec. 9015. Authorization of Appropriations.’.CommentsClose CommentsPermalink

SEC. 3. MISFUELING.

(a) In General- Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) Limitation on Liability-CommentsClose CommentsPermalink





‘(A) LIMITATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), no person shall be liable under any provision of this Act or any Federal, State, or local law, including common law, if--CommentsClose CommentsPermalink





‘(I) a self-service purchaser introduces any transportation fuel into any motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad equipment for which the fuel has not been approved under subsection (f); orCommentsClose CommentsPermalink





‘(II) the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment.CommentsClose CommentsPermalink





‘(ii) EXCEPTION- Clause (i) shall not apply to--CommentsClose CommentsPermalink





‘(I) a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the Administrator under section 80.1501 of title 40, Code of Federal Regulations (or successor regulations); orCommentsClose CommentsPermalink





‘(II) a person who intentionally misfuels.CommentsClose CommentsPermalink





‘(B) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink





‘(i) NONROAD EQUIPMENT- The term ‘nonroad equipment’ means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that is powered by a nonroad engine.CommentsClose CommentsPermalink





‘(ii) TRANSPORTATION FUEL- The term ‘transportation fuel’ means any fuel that contains fuel or a fuel additive that is authorized after January 1, 2010, by the Administrator or under any Federal law, for use in any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment.’.CommentsClose CommentsPermalink





(b) Penalties- Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), in the first sentence, by inserting ‘(g),’ after ‘or the regulations prescribed under subsection (c),’; andCommentsClose CommentsPermalink





(2) in paragraph (2), in the first sentence, by inserting ‘(g),’ after ‘of the regulations prescribed under subsections (c),’.CommentsClose CommentsPermalink

SEC. 4. LIMITATION ON LIABILITY.

(a) Qualified Civil Liability Actions in Federal Court and State Court-CommentsClose CommentsPermalink





(1) IN GENERAL- No qualified civil liability action shall be filed or maintained in any court of the United States or any State court.CommentsClose CommentsPermalink





(2) DISMISSAL OF PENDING ACTIONS- Any qualified civil liability action filed or pending in any court of the United States or any State court on or after the date of enactment of this Act shall be dismissed with prejudice.CommentsClose CommentsPermalink





(b) Safe Harbor- Notwithstanding any Federal, State, or local law (including common law), no qualified product shall be considered to be a defective product, if the qualified product does not violate a control or prohibition, respecting any characteristic or component of the qualified product, imposed by the Administrator of the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545).CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) COVERED ENTITY- The term ‘covered entity’ means any entity engaged in the design, manufacture, sale, or distribution of any--CommentsClose CommentsPermalink





(A) qualified product; orCommentsClose CommentsPermalink





(B) motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment.CommentsClose CommentsPermalink





(2) MOTOR VEHICLE- The term ‘motor vehicle’ has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).CommentsClose CommentsPermalink





(3) MOTOR VEHICLE ENGINE- The term ‘motor vehicle engine’ means an engine in a motor vehicle.CommentsClose CommentsPermalink





(4) NONROAD ENGINE- The term ‘nonroad engine’ has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).CommentsClose CommentsPermalink





(5) NONROAD EQUIPMENT- The term ‘nonroad equipment’ means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that incorporates a nonroad engine.CommentsClose CommentsPermalink





(6) NONROAD VEHICLE- The term ‘nonroad vehicle’ has the meaning given the term in section 216 of the Clean Air Act (42 U.S.C. 7550).CommentsClose CommentsPermalink





(7) PERSON- The term ‘person’ has the meaning given the term in section 1 of title 1, United States Code, except that the term includes any governmental entity.CommentsClose CommentsPermalink





(8) QUALIFIED CIVIL LIABILITY ACTION- The term ‘qualified civil liability action’ means any civil action or proceeding brought by any person against a covered entity for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the introduction of any qualified product into any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment.CommentsClose CommentsPermalink





(9) QUALIFIED PRODUCT- The term ‘qualified product’ means--CommentsClose CommentsPermalink





(A) any fuel or fuel additive for which a registration is in effect under section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) or any other Federal law enacted on or after October 13, 2010;CommentsClose CommentsPermalink





(B) a transportation fuel or transportation fuel additive that--CommentsClose CommentsPermalink





(i) contains any renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); andCommentsClose CommentsPermalink





(ii) is designated for introduction into interstate commerce by the Administrator of the Environmental Protection Agency or the Secretary of Energy under the Clean Air Act (42 U.S.C. 7401 et seq.), the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.), or any other Federal law enacted on or after October 13, 2010;CommentsClose CommentsPermalink





(C) any component of a fuel or fuel additive described in subparagraph (A) or (B); orCommentsClose CommentsPermalink





(D) any blend stock.CommentsClose CommentsPermalink





(10) STATE- The term ‘State’ means each of the several States of the United States; the District of Columbia; and any territory, commonwealth, or possession of the United States.CommentsClose CommentsPermalink