119-hr1346

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

    (IH) ]

<DOC>

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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