[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 190 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 190
To repeal certain amendments to the Clean Air Act relating to the
expansion of the renewable fuel program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2021
Mr. Burgess introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To repeal certain amendments to the Clean Air Act relating to the
expansion of the renewable fuel program, 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 ``Leave Ethanol Volumes at Existing
Levels Act'' or the ``LEVEL Act''.
SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.
(a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)) is amended to read as follows:
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis,
including--
``(i) dedicated energy crops and trees;
``(ii) wood and wood residues;
``(iii) plants;
``(iv) grasses;
``(v) agricultural residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) municipal solid waste.
The term also includes any ethanol produced in
facilities where animal wastes or other waste materials
are digested or otherwise used to displace 90 percent
or more of the fossil fuel normally used in the
production of ethanol.
``(B) Waste derived ethanol.--The term `waste
derived ethanol' means ethanol derived from--
``(i) animal wastes, including poultry fats
and poultry wastes, and other waste materials;
or
``(ii) municipal solid waste.
``(C) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, vegetable, animal, or
fish materials including fats, greases,
and oils, sugarcane, sugar beets, sugar
components, tobacco, potatoes, or other
biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term renewable fuel
includes--
``(I) cellulosic biomass ethanol
and waste derived ethanol; and
``(II) biodiesel (as defined in
section 312(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13220(f))) and any
blending components derived from
renewable fuel (provided that only the
renewable fuel portion of any such
blending component shall be considered
part of the applicable volume under the
renewable fuel program established by
this subsection).
``(D) Small refinery.--The term `small refinery'
means a refinery for which the average aggregate daily
crude oil throughput for a calendar year (as determined
by dividing the aggregate throughput for the calendar
year by the number of days in the calendar year) does
not exceed 75,000 barrels.''.
(b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended
by striking the last sentence.
(2) Applicable volumes of renewable fuel.--Subparagraph (B)
is amended to read as follows:
``(B) Applicable volume.--For the purpose of
subparagraph (A), the applicable volume of renewable
fuel for each calendar year shall be 7,500,000,000
gallons.''.
(c) Applicable Percentages.--Paragraph (3) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(2) In subparagraph (A), by striking ``transportation fuel,
biomass-based diesel, and cellulosic biofuel'' and inserting
``gasoline''.
(3) In subparagraph (B)(i), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(4) In subparagraph (B), by striking ``transportation
fuel'' and inserting ``gasoline'' in clause (ii)(II).
(d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph
(4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is
amended to read as follows:
``(4) Cellulosic biomass ethanol or waste derived
ethanol.--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.''.
(e) Credit Program.--Paragraph (5) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E).
(f) Waivers.--
(1) In general.--Paragraph (7) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (A), by striking ``, by any
person subject to the requirements of this subsection,
or by the Administrator on his own motion''; and
(B) by inserting ``State'' before ``petition for a
waiver'' in subparagraph (B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking
subparagraph (D).
(3) Biomass-based diesel.--Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
striking subparagraphs (E) and (F).
(g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended by striking paragraph (11).
(h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by striking paragraph (12).
(i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by striking paragraph (2) of subsection (v).
(j) Other Provisions.--
(1) Environmental and resource conservation impacts.--
Section 204(b) of the Energy Independence and Security Act of
2007 (Public Law 110-140) is repealed.
(2) Effective date, savings provision, and transition
rules.--Section 210 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) is repealed.
(k) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year following the date of
enactment of this Act.
(l) Estimates for First Calendar Year.--Prior to January 1 of the
first calendar year following the date of enactment of this Act--
(1) the Administrator of the Energy Information
Administration shall provide to the Administrator of the
Environmental Protection Agency an estimate, under section
211(o)(3) of the Clean Air Act, as amended by this Act, with
respect to such calendar year, of the volumes of gasoline
projected to be sold or introduced into commerce in the United
States; and
(2) based on the estimate provided under paragraph (1), the
Administrator of the Environmental Protection Agency shall
determine and publish in the Federal Register, with respect to
such calendar year, the renewable fuel obligation for such
calendar year under section 211(o)(3) of the Clean Air Act, as
amended by this Act.
SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS.
(a) Prohibition.--Notwithstanding any provision of the Clean Air
Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental
Protection Agency may not permit or authorize (including by granting a
waiver through the fuels and fuel additives waiver process under
section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction
into commerce of gasoline that--
(1) contains greater than 10-volume-percent ethanol;
(2) is intended for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(3) is not, on or before the date of enactment of this
Act--
(A) registered in accordance with section 211(b) of
such Act (42 U.S.C. 7545(b)); and
(B) lawfully sold in the United States.
(b) Repeal of Existing Waivers.--
(1) In general.--Any waiver described in paragraph (2) is
repealed and shall have no force or effect.
(2) Waiver.--A waiver described in this paragraph--
(A) is a waiver granted pursuant to section
211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4))
prior to the date of enactment of this Act that permits
or authorizes the introduction into commerce of
gasoline that contains greater than 10-volume-percent
ethanol for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(B) includes the following:
(i) ``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'' published at 75 Fed. Reg.
68094 (November 4, 2010).
(ii) ``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'' published at 76 Fed. Reg. 4662
(January 26, 2011).
(3) Exception.--Paragraph (1) shall not apply with respect
to a waiver to the extent such waiver permits or authorizes the
introduction into commerce of gasoline--
(A) that is described in paragraph (2)(A); and
(B) that is, on or before the date of enactment of
this Act--
(i) registered in accordance with section
211(b) of the Clean Air Act (42 U.S.C.
7545(b)); and
(ii) lawfully sold in the United States.
(c) Study.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall conduct, and submit to Congress the results of, a comprehensive
study on--
(1) the effects of the introduction into commerce of an
ethanol-gasoline blend described in subsection (b)(2)(A) on
consumer products, including--
(A) onroad and nonroad vehicles;
(B) nonroad engines (such as lawn mowers); and
(C) any other applicable gasoline-powered vehicles,
engines, and devices;
(2) the impact of an ethanol-gasoline blend described in
subsection (b)(2)(A) on--
(A) engine performance of conventional gasoline-
powered onroad and nonroad vehicles and nonroad
engines;
(B) emissions from the use of the blend; and
(C) materials compatibility and consumer safety
issues associated with the use of such blend (including
the identification of insufficient data or information
for some or all of such vehicles and engines with
respect to each of the issues described in this
subparagraph and subparagraphs (A) and (B)); and
(3) the ability of wholesale and retail gasoline
distribution infrastructure, including bulk storage, retail
storage configurations, and retail equipment (including
certification of equipment compatibility by independent
organizations), to introduce such an ethanol-gasoline blend
into commerce without widespread intentional or unintentional
misfueling by consumers.
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