[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1462 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1462
To amend the Clean Air Act to eliminate certain requirements under the
renewable fuel program, to prohibit the Administrator of the
Environmental Protection Agency from approving the introduction into
commerce of gasoline that contains greater than 10-volume-percent
ethanol, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2013
Mr. Goodlatte (for himself, Mr. Womack, Mr. Costa, Mr. Welch, Mr.
Campbell, Mr. Crawford, Mr. Cuellar, Mr. Farenthold, Mr. Graves of
Georgia, Mr. Griffin of Arkansas, Mr. Harris, Mr. Hurt, Mr. LaMalfa,
Mr. Long, Mr. Matheson, Mr. Moran, Mr. Pitts, Mr. Austin Scott of
Georgia, Mr. Sensenbrenner, Mr. Westmoreland, Mr. Valadao, and Mr.
Yoho) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to eliminate certain requirements under the
renewable fuel program, to prohibit the Administrator of the
Environmental Protection Agency from approving the introduction into
commerce of gasoline that contains greater than 10-volume-percent
ethanol, 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 ``RFS Reform Act of 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS
Sec. 101. Amendments to the Clean Air Act.
Sec. 102. Cellulosic biofuel requirement based on actual production.
Sec. 103. Reduction in applicable volume of renewable fuel
corresponding to certain reductions in
applicable volume of biomass-based diesel.
Sec. 104. Applicability and regulations.
TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL
Sec. 201. Prohibition of gasoline blends with greater than 10-volume-
percent ethanol.
Sec. 202. Prohibition of waivers.
Sec. 203. Misfueling rule.
TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS
SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT.
(a) Revised Definition of Renewable Fuel.--
(1) In general.--Section 211(o)(1)(J) of the Clean Air Act
(42 U.S.C. 7545(o)(1)(J)) is amended to read as follows:
``(J) Renewable fuel.--The term `renewable fuel'
means fuel that--
``(i) is produced from renewable biomass;
``(ii) is used to replace or reduce the
quantity of fossil fuel present in a
transportation fuel; and
``(iii) beginning on January 1, 2014, is
advanced biofuel.''.
(2) Conforming amendment.--Section 211(o)(1)(B)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by
striking ``renewable fuel'' and inserting ``fuel described in
clauses (i) and (ii) of subparagraph (J)''.
(b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air
Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended--
(1) in the table in subclause (I)--
(A) by striking ``18.15'' and inserting ``3.75'';
(B) by striking ``20.5'' and inserting ``5.5'';
(C) by striking ``22.25'' and inserting ``7.25'';
(D) by striking ``24.0'' and inserting ``9.0'';
(E) by striking ``26.0'' and inserting ``11.0'';
(F) by striking ``28.0'' and inserting ``13.0'';
(G) by striking ``30.0'' and inserting ``15.0'';
(H) by striking ``33.0'' and inserting ``18.0'';
and
(I) by striking ``36.0'' and inserting ``21.0'';
(2) in subclause (II)--
(A) in the matter preceding the table, by striking
``2022'' and inserting ``2013''; and
(B) in the table, by striking the items relating to
calendars years 2014 through 2022;
(3) in subclause (III), by striking ``of the volume of
advanced biofuel required under subclause (II)'' and inserting
``of the volume of advanced biofuel required for calendar years
2010 through 2013 under subclause (II), as in effect on the day
before the date of enactment of the Renewable Fuel Standard
Amendments Act, and of the volume of renewable fuel required
for calendar years 2014 through 2022 under the subclause (I)'';
and
(4) in subclause (IV), by inserting ``, as in effect on the
day before the date of enactment of the Renewable Fuel Standard
Amendments Act'' after ``of the volume of advanced biofuel
required under subclause (II)''.
(c) Conforming Amendments.--
(1) Other calendar years.--Section 211(o)(2)(B) of the
Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
(A) in clause (ii)(III), by striking ``advanced
biofuels in each category (cellulosic biofuel and
biomass-based diesel)'' and inserting ``cellulosic
biofuel and biomass-based diesel'';
(B) by striking clause (iii); and
(C) by redesignating clauses (iv) and (v) as
clauses (iii) and (iv), respectively.
(2) Applicable percent reduction level.--Section 211(o)(4)
of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended--
(A) in subparagraph (E), by striking ``20, 50, or
60 percent reduction levels'' and inserting
``applicable percent reduction level''; and
(B) in subparagraph (F), by inserting ``(if
applicable)'' after ``(2)(A)(i)''.
(3) Waivers.--Section 211(o)(7) of the Clean Air Act (42
U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (D)(i), by inserting ``, if
such year is before 2014,'' before ``advanced
biofuels''; and
(B) in subparagraph (E)(ii), by inserting ``, if
such year is before 2014,'' before ``advanced
biofuels''.
SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.
(a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is
amended--
(1) by inserting ``(i)'' before ``Not later than''; and
(2) by adding at the end the following new clause:
``(ii)(I) In determining any estimate under clause
(i), with respect to the following calendar year, of
the projected volume of cellulosic biofuel production
(as described in paragraph (7)(D)(i)), the
Administrator of the Energy Information Administration
shall--
``(aa) for each cellulosic biofuel
production facility that is producing
(and continues to produce) cellulosic
biofuel during the period of January 1
through October 31 of the calendar year
in which the estimate is made (in this
clause referred to as the `current
calendar year')--
``(AA) determine the
average monthly volume of
cellulosic biofuel produced by
such facility, based on the
actual volume produced by such
facility during such period;
and
``(BB) based on such
average monthly volume of
production, determine the
estimated annualized volume of
cellulosic biofuel production
for such facility for the
current calendar year; and
``(bb) for each cellulosic biofuel
production facility that begins initial
production of (and continues to
produce) cellulosic biofuel after
January 1 of the current calendar
year--
``(AA) determine the
average monthly volume of
cellulosic biofuel produced by
such facility, based on the
actual volume produced by such
facility during the period
beginning on the date of
initial production of
cellulosic biofuel by the
facility and ending on October
31 of the current calendar
year; and
``(BB) based on such
average monthly volume of
production, determine the
estimated annualized volume of
cellulosic biofuel production
for such facility for the
current calendar year.
``(II) An estimate under clause (i) with
respect to the following calendar year of the
projected volume of cellulosic biofuel
production (as described in paragraph
(7)(D)(i)), shall be equal to the total of the
estimated annual volumes of cellulosic biofuel
production for all cellulosic biofuel
production facilities described in subclause
(I) for the current calendar year.''.
(b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section
101(c)(3)(A), is further amended by--
(1) striking ``based on the'' and inserting ``using the
exact'';
(2) striking ``may also reduce'' and inserting ``shall also
reduce''; and
(3) striking ``by the same or a lesser volume'' and
inserting ``by the same volume''.
SEC. 103. REDUCTION IN APPLICABLE VOLUME OF RENEWABLE FUEL
CORRESPONDING TO CERTAIN REDUCTIONS IN APPLICABLE VOLUME
OF BIOMASS-BASED DIESEL.
Section 211(o)(7)(E)(ii) of the Clean Air Act (42 U.S.C.
7545(o)(7)(E)(ii)) is amended by striking ``may also reduce'' and
inserting ``shall reduce''.
SEC. 104. APPLICABILITY AND REGULATIONS.
The amendments made by this title to section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar
years 2014 and after, except that the Administrator of the
Environmental Protection Agency shall promulgate regulations to carry
out such amendments not later than 1 year after the date of enactment
of this Act, and take any steps necessary to ensure such amendments may
be carried out for calendar years 2014 and after.
TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL
SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-
PERCENT ETHANOL.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency may not, including by granting a
waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C.
7545(f)(4)), authorize or otherwise allow the introduction into
commerce of gasoline containing greater than 10-volume-percent ethanol.
SEC. 202. PROHIBITION OF WAIVERS.
(a) In General.--Any waiver granted under section 211(f)(4) of the
Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of
this Act that allows the introduction into commerce of gasoline
containing greater than 10-volume-percent ethanol for use in motor
vehicles shall have no force or effect.
(b) Certain Waivers.--The waivers described in subsection (a)
include the following:
(1) The waiver entitled, ``Partial Grant and Partial Denial
of Clean Air Act Waiver Application Submitted by Growth Energy
To Increase the Allowable Ethanol Content of Gasoline to 15
Percent; Decision of the Administrator'', 75 Fed. Reg. 68094
(November 4, 2010).
(2) The waiver entitled, ``Partial Grant of Clean Air Act
Waiver Application Submitted by Growth Energy To Increase the
Allowable Ethanol Content of Gasoline to 15 Percent; Decision
of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011).
SEC. 203. MISFUELING RULE.
The portions of the rule entitled, ``Regulation to Mitigate the
Misfueling of Vehicles and Engines with Gasoline Containing Greater
Than Ten Volume Percent Ethanol and Modifications to the Reformulated
and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25,
2011) to mitigate misfueling shall have no force and effect 60 days
after the date of enactment of this Act.
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