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Apr 6, 2013

H.R.1214 - Domestic Fuels Protection Act of 2013 |

H.R. 1214 — Introduced in House on Mar 15, 2013 by Rep. John Shimkus (R-IL) 
Amends the Solid Waste Disposal Act to provide that no person shall be liable under any federal, state, or local law, and no provider of financial assurance may deny payment for a claim, because an underground storage tank, underground storage tank system, or associated dispensing equipment at a stationary facility is not compatible with any fuel or fuel additive for use in a motor vehicle, nonroad vehicle, or engine if such tank or equipment has been determined to be compatible pursuant to the guidelines and regulations issued under this Act. Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations setting standards for determining whether underground storage tanks and systems and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized and registered by the Administrator or by statute for use in a motor vehicle or engine or nonroad vehicle, engine, or equipment. Deems tanks, systems, and equipment that are listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under such regulations. Amends the Clean Air Act to prohibit a person selling such fuel who complies with such regulations from being liable under any federal, state, or local law if: (1) a self-service purchaser introduces any such fuel into a vehicle, engine, or equipment for which the fuel has not been approved under such Act; or (2) the introduction of any such fuel voids the warranty of the manufacturer of such vehicles, engines, or equipment. Excludes from such protection: (1) a person who sells a transportation fuel and does not comply with the misfueling regulations adopted by the Administrator, and (2) a person who intentionally misfuels. Prohibits filing or maintaining in any U.S. or state court any civil action or proceeding against an entity engaged in the design, manufacture, sale, or distribution of any qualified product or of any motor vehicle, engine, or nonroad equipment for damages, abatement, restitution, fines, penalties, or other relief resulting from the introduction of any such product into a motor vehicle, engine, or nonroad equipment. Requires actions filed or pending upon enactment of this Act to be dismissed with prejudice. Defines a "qualified product" as any fuel or fuel additive that is registered under federal law or any transportation fuel or fuel additive that contains renewable fuel and that is designated for introduction into interstate commerce under federal law, any component thereof, or any blend stock. Prohibits a qualified productfrom being considered a defective product if it does not violate a control or prohibition with respect to any of its characteristics or components imposed by the Administrator under the Clean Air Act.