[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1346 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1346

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 HOUSE OF REPRESENTATIVES

                           February 13, 2025

  Mr. Smith of Nebraska (for himself, Ms. Craig, Mr. Johnson of South 
  Dakota, Ms. Budzinski, Mrs. Miller-Meeks, Ms. Davids of Kansas, Mr. 
   Flood, Mr. Bost, Mr. Miller of Ohio, Mrs. Miller of Illinois, Mr. 
 Finstad, Mr. Estes, Mr. LaHood, Mr. Moore of Utah, Mr. Van Orden, Mr. 
  Nunn of Iowa, Mr. Sorensen, Ms. Kelly of Illinois, Mr. Alford, Mr. 
Taylor, Mr. Feenstra, Mr. Mann, Mrs. Hinson, Mrs. Fischbach, Mr. Bacon, 
Mr. Schmidt, Mr. Guest, Mr. Cleaver, Ms. McDonald Rivet, and Mr. Davis 
of North Carolina) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 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 2025''.

SEC. 2. NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2024.

    (a) Ethanol Waiver.--
            (1) Existing waivers.--Section 211(f)(4) of the Clean Air 
        Act (42 U.S.C. 7545(f)(4)) is amended--
                    (A) by striking ``(4) The Administrator, upon'' and 
                inserting the following:
            ``(4) Waivers.--
                    ``(A) In general.--The Administrator, on'';
                    (B) in subparagraph (A) (as so designated)--
                            (i) 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
                            (ii) in the second sentence, by striking 
                        ``The Administrator'' and inserting the 
                        following:
                    ``(B) Final action.--The Administrator''; and
                    (C) 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).''.
            (2) Reid vapor pressure limitation.--Section 211(h) of the 
        Clean Air Act (42 U.S.C. 7545(h)) is amended--
                    (A) by striking ``vapor pressure'' each place it 
                appears and inserting ``Vapor Pressure'';
                    (B) in paragraph (4), in the matter preceding 
                subparagraph (A), by striking ``10 percent'' and 
                inserting ``10 to 15 percent''; and
                    (C) in paragraph (5)(A)--
                            (i) by striking ``Upon notification, 
                        accompanied by'' and inserting ``On receipt of 
                        a notification that is submitted after the date 
                        of enactment of the Nationwide Consumer and 
                        Fuel Retailer Choice Act of 2025, and is 
                        accompanied by appropriate'';
                            (ii) by striking ``10 percent'' and 
                        inserting ``10 to 15 percent''; and
                            (iii) by adding at the end the following: 
                        ``Upon the date of enactment of the Nationwide 
                        Consumer and Fuel Retailer Choice Act of 2025, 
                        any State for which the notification from the 
                        Governor of a State was submitted before the 
                        date of enactment of the Nationwide Consumer 
                        and Fuel Retailer Choice Act of 2025 and to 
                        which the Administrator applied the Reid Vapor 
                        Pressure limitation established by paragraph 
                        (1) shall instead have the Reid Vapor Pressure 
                        limitation established by paragraph (4) apply 
                        to all fuel blends containing gasoline and 10 
                        to 15 percent denatured anhydrous ethanol that 
                        are sold, offered for sale, dispensed, 
                        supplied, offered for supply, transported, or 
                        introduced into commerce in the area during the 
                        high ozone season.''.
    (b) 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) Rule.--For any small refinery 
                        described in clause (ii) or (iii), the credits 
                        described in the respective clause 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.
                            ``(ii) Compliance years 2016 and 2017.--
                        Clause (i) applies with respect to any small 
                        refinery that--
                                    ``(I) retired credits generated for 
                                compliance years 2016 or 2017; and
                                    ``(II) submitted a petition under 
                                subparagraph (B)(i) for that compliance 
                                year that remained outstanding as of 
                                December 1, 2022.
                            ``(iii) Compliance year 2018.--In addition 
                        to small refineries described in clause (ii), 
                        clause (i) applies with respect to 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.''.
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