[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1214 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1214
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2013
Mr. Shimkus 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 concerned
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Fuels Protection Act of
2013''.
SEC. 2. FUEL COMPATIBILITY.
(a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) is amended--
(1) by redesignating section 9014 as section 9015; and
(2) by inserting after section 9013 the following:
``SEC. 9014. COMPATIBILITY.
``(a) Definitions.--In this section:
``(1) Associated dispensing equipment.--The term
`associated dispensing equipment' means equipment, at a
stationary facility, that is--
``(A) used for--
``(i) the storage of any fuel or fuel
additive described in subsection (b)(3)(A); or
``(ii) the dispensing of any fuel or fuel
additive described in subsection (b)(3)(A) into
any fuel tank of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad
engine, or nonroad equipment; and
``(B) subject to regulation under section 1910.106
or 1926.152 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of the Domestic
Fuels Protection Act of 2013).
``(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 2013).
``(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).
``(4) Motor vehicle engine.--The term `motor vehicle
engine' means an engine in a motor vehicle.
``(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).
``(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.
``(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).
``(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 2013).
``(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.
``(b) Compatibility With Fuels.--
``(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).
``(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).
``(3) Guidelines and regulations.--
``(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 2013, 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.
``(B) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Domestic
Fuels Protection Act of 2013, 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).
``(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.
``(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 2013, 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.
``(5) Administration.--Nothing in this section affects--
``(A) any other requirement respecting the
introduction into commerce, offering for sale, or sale
of any fuel or fuel additive;
``(B) any requirement under section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)); or
``(C) any other requirement under this subtitle.''.
(b) Conforming Amendments.--The Solid Waste Disposal Act is
amended--
(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)'';
(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)''; and
(3) in section 9011 (42 U.S.C. 6991j), by striking
``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''.
(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:
``Sec. 9014. Compatibility.
``Sec. 9015. Authorization of Appropriations.''.
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:
``(3) Limitation on Liability.--
``(A) Limitation.--
``(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--
``(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); or
``(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.
``(ii) Exception.--Clause (i) shall not apply to--
``(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); or
``(II) a person who intentionally misfuels.
``(B) Definitions.--In this paragraph:
``(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.
``(ii) Transportation fuel.--The term
`transportation fuel' means any fuel that contains a
fuel or a fuel additive, or a blend of a fuel and 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.''.
(b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
(1) in paragraph (1), in the first sentence, by inserting
``(g),'' after ``or the regulations prescribed under subsection
(c),''; and
(2) in paragraph (2), in the first sentence, by inserting
``(g),'' after ``of the regulations prescribed under
subsections (c),''.
SEC. 4. LIMITATION ON LIABILITY.
(a) Qualified Civil Liability Actions in Federal Court and State
Court.--
(1) In general.--No qualified civil liability action shall
be filed or maintained in any court of the United States or any
State court.
(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.
(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).
(c) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means any
entity engaged in the design, manufacture, sale, or
distribution of any--
(A) qualified product; or
(B) motor vehicle, motor vehicle engine, nonroad
vehicle, nonroad engine, or nonroad equipment.
(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).
(3) Motor vehicle engine.--The term ``motor vehicle
engine'' means an engine in a motor vehicle.
(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).
(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.
(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).
(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.
(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.
(9) Qualified product.--The term ``qualified product''
means--
(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;
(B) a transportation fuel or transportation fuel
additive that--
(i) contains any renewable fuel (as defined
in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1))); and
(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;
(C) any component of a fuel or fuel additive
described in subparagraph (A) or (B); or
(D) any blend stock.
(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.
<all>