[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2707 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2707
To amend the Clean Air Act with respect to the ethanol waiver for Reid
Vapor Pressure under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mrs. Fischer (for herself, Ms. Duckworth, Mrs. Capito, Mr. Ricketts,
Mr. Thune, Mr. Rounds, Mr. Marshall, Ms. Ernst, Mr. Grassley, Mr.
Moran, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Wicker, and Ms. Baldwin)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act with respect to the ethanol waiver for Reid
Vapor Pressure under that Act, 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 ``Nationwide Consumer and Fuel
Retailer Choice Act of 2023''.
SEC. 2. ETHANOL WAIVER.
(a) Existing Waivers.--Section 211(f)(4) of the Clean Air Act (42
U.S.C. 7545(f)(4)) is amended--
(1) by striking ``(4) The Administrator, upon'' and
inserting the following:
``(4) Waivers.--
``(A) In general.--The Administrator, on'';
(2) in subparagraph (A) (as so designated)--
(A) in the first sentence--
(i) by striking ``of this subsection'' each
place it appears; and
(ii) by striking ``if he determines'' and
inserting ``if the Administrator determines'';
and
(B) in the second sentence--
(i) by striking ``such an application'' and
inserting ``an application described in
subparagraph (A)''; and
(ii) by striking ``The Administrator'' and
inserting the following:
``(B) Final action.--The Administrator''; and
(3) by adding at the end the following:
``(C) Reid vapor pressure.--A fuel or fuel additive
may be introduced into commerce if--
``(i)(I) the Administrator determines that
the fuel or fuel additive is substantially
similar to a fuel or fuel additive utilized in
the certification of any model year vehicle
pursuant to paragraph (1)(A); or
``(II) the fuel or fuel additive has been
granted a waiver under subparagraph (A) and
meets all of the conditions of that waiver
other than any limitation of the waiver with
respect to the Reid Vapor Pressure of the fuel
or fuel additive; and
``(ii) the fuel or fuel additive meets all
other applicable Reid Vapor Pressure
requirements under subsection (h).''.
(b) Reid Vapor Pressure Limitation.--Section 211(h) of the Clean
Air Act (42 U.S.C. 7545(h)) is amended--
(1) by striking ``vapor pressure'' each place it appears
and inserting ``Vapor Pressure'';
(2) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``10 percent'' and inserting ``10 to 15
percent''; and
(3) in paragraph (5)(A)--
(A) by striking ``Upon notification, accompanied
by'' and inserting ``On receipt of a notification that
is submitted before January 1, 2022, or after the date
of enactment of the Nationwide Consumer and Fuel
Retailer Choice Act of 2023, and is accompanied by
appropriate''; and
(B) by striking ``10 percent'' and inserting ``10
to 15 percent''.
SEC. 3. GENERATION OF CREDITS BY SMALL REFINERIES UNDER THE RENEWABLE
FUEL PROGRAM.
Section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) is
amended by adding at the end the following:
``(E) Credits generated for 2016-2018 compliance
years.--
``(i) Credits generated for compliance year
2018.--For any small refinery--
``(I) that submitted a petition
under subparagraph (B)(i) for
compliance year 2018 by September 1,
2019;
``(II) that retired credits
generated for compliance year 2018 as
part of the compliance demonstration of
the small refinery for compliance year
2018 by March 31, 2019; and
``(III) for which--
``(aa) the petition
remained outstanding as of
December 1, 2022; or
``(bb) the Administrator
denied the petition as of July
1, 2022, and has not returned
the retired credits as of
December 1, 2022,
the credits shall be--
``(AA) returned to the small
refinery and, notwithstanding paragraph
(5)(C), deemed eligible for future
compliance years; or
``(BB) applied as a credit in the
EPA Moderated Transaction System (EMTS)
account of the small refinery.
``(ii) Credits generated for compliance
years 2016 and 2017.--For any small refinery
that retired credits generated for compliance
years 2016 or 2017 and submitted a petition
under subparagraph (B)(i) for that compliance
year that remained outstanding as of December
1, 2022, those generated credits shall be--
``(I) returned to the small
refinery and, notwithstanding paragraph
(5)(C), deemed eligible for future
compliance years; or
``(II) applied as a credit in the
EPA Moderated Transaction System (EMTS)
account of the small refinery.''.
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