[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9885 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9885
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
September 27, 2024
Mr. Smith of Nebraska (for himself, Ms. Craig, Mr. Johnson of South
Dakota, Ms. Budzinski, Mrs. Miller-Meeks, Ms. Davids of Kansas, Mr.
LaHood, Mr. Sorensen, Mr. Flood, Mr. Kildee, Mr. Graves of Missouri,
Mr. Landsman, Mrs. Hinson, Ms. Kaptur, Mr. Feenstra, Ms. Kelly of
Illinois, Mr. Finstad, Ms. Slotkin, Mrs. Miller of Illinois, Mr.
Alford, Mr. LaTurner, Mr. Estes, Mr. Carey, Mrs. Fischbach, Mr. Pence,
Mr. Miller of Ohio, Mr. Mann, Mrs. Wagner, Mr. Bost, Mr. Nunn of Iowa,
Mr. Guest, Mr. Bacon, Mr. Luetkemeyer, Mr. Carter of Georgia, and Mr.
Smith of Missouri) 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 2024''.
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, 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 2024, 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) 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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