RFS Reform Act of 2013

Summary: RFS Reform Act of 2013 - Amends the Clean Air Act to revise the renewable fuel program. Requires "renewable fuel," beginning on January 1, 2014, to be advanced biofuel. Revises the renewable fuel standards by: (1) decreasing the volume of renewable fuel that is required to be contained in gasoline sold or introduced into commerce in the United States in 2014 through 2022; and (2) eliminating the separate advanced biofuel volume requirements for those years.  Requires the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel production in the next year, to determine for each cellulosic biofuel production facility: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31 of the current year, and (2) the estimated annualized volume of biofuel production for such facility for the current year. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. Prohibits the Administrator of the Environmental Protection Agency (EPA) from allowing the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. Nullifies waivers from requirements for new fuels and fuel additives that were granted before this Act's enactment and that allow the introduction of such gasoline for use in motor vehicles. Nullifies portions of the rule entitled, &quot;Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs.&quot;

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``RFS Reform Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
              TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS

Sec. 101. Amendments to the Clean Air Act.
Sec. 102. Cellulosic biofuel requirement based on actual production.
Sec. 103. Reduction in applicable volume of renewable fuel 
                            corresponding to certain reductions in 
                            applicable volume of biomass-based diesel.
Sec. 104. Applicability and regulations.
  TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL

Sec. 201. Prohibition of gasoline blends with greater than 10-volume-
                            percent ethanol.
Sec. 202. Prohibition of waivers.
Sec. 203. Misfueling rule.

              TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS

SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT.

    (a) Revised Definition of Renewable Fuel.--
            (1) In general.--Section 211(o)(1)(J) of the Clean Air Act 
        (42 U.S.C. 7545(o)(1)(J)) is amended to read as follows:
                    ``(J) Renewable fuel.--The term `renewable fuel' 
                means fuel that--
                            ``(i) is produced from renewable biomass;
                            ``(ii) is used to replace or reduce the 
                        quantity of fossil fuel present in a 
                        transportation fuel; and
                            ``(iii) beginning on January 1, 2014, is 
                        advanced biofuel.''.
            (2) Conforming amendment.--Section 211(o)(1)(B)(i) of the 
        Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by 
        striking ``renewable fuel'' and inserting ``fuel described in 
        clauses (i) and (ii) of subparagraph (J)''.
    (b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air 
Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended--
            (1) in the table in subclause (I)--
                    (A) by striking ``18.15'' and inserting ``3.75'';
                    (B) by striking ``20.5'' and inserting ``5.5'';
                    (C) by striking ``22.25'' and inserting ``7.25'';
                    (D) by striking ``24.0'' and inserting ``9.0'';
                    (E) by striking ``26.0'' and inserting ``11.0'';
                    (F) by striking ``28.0'' and inserting ``13.0'';
                    (G) by striking ``30.0'' and inserting ``15.0'';
                    (H) by striking ``33.0'' and inserting ``18.0''; 
                and
                    (I) by striking ``36.0'' and inserting ``21.0'';
            (2) in subclause (II)--
                    (A) in the matter preceding the table, by striking 
                ``2022'' and inserting ``2013''; and
                    (B) in the table, by striking the items relating to 
                calendars years 2014 through 2022;
            (3) in subclause (III), by striking ``of the volume of 
        advanced biofuel required under subclause (II)'' and inserting 
        ``of the volume of advanced biofuel required for calendar years 
        2010 through 2013 under subclause (II), as in effect on the day 
        before the date of enactment of the Renewable Fuel Standard 
        Amendments Act, and of the volume of renewable fuel required 
        for calendar years 2014 through 2022 under the subclause (I)''; 
        and
            (4) in subclause (IV), by inserting ``, as in effect on the 
        day before the date of enactment of the Renewable Fuel Standard 
        Amendments Act'' after ``of the volume of advanced biofuel 
        required under subclause (II)''.
    (c) Conforming Amendments.--
            (1) Other calendar years.--Section 211(o)(2)(B) of the 
        Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
                    (A) in clause (ii)(III), by striking ``advanced 
                biofuels in each category (cellulosic biofuel and 
                biomass-based diesel)'' and inserting ``cellulosic 
                biofuel and biomass-based diesel'';
                    (B) by striking clause (iii); and
                    (C) by redesignating clauses (iv) and (v) as 
                clauses (iii) and (iv), respectively.
            (2) Applicable percent reduction level.--Section 211(o)(4) 
        of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended--
                    (A) in subparagraph (E), by striking ``20, 50, or 
                60 percent reduction levels'' and inserting 
                ``applicable percent reduction level''; and
                    (B) in subparagraph (F), by inserting ``(if 
                applicable)'' after ``(2)(A)(i)''.
            (3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 
        U.S.C. 7545(o)(7)) is amended--
                    (A) in subparagraph (D)(i), by inserting ``, if 
                such year is before 2014,'' before ``advanced 
                biofuels''; and
                    (B) in subparagraph (E)(ii), by inserting ``, if 
                such year is before 2014,'' before ``advanced 
                biofuels''.

SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.

    (a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is 
amended--
            (1) by inserting ``(i)'' before ``Not later than''; and
            (2) by adding at the end the following new clause:
                    ``(ii)(I) In determining any estimate under clause 
                (i), with respect to the following calendar year, of 
                the projected volume of cellulosic biofuel production 
                (as described in paragraph (7)(D)(i)), the 
                Administrator of the Energy Information Administration 
                shall--
                                    ``(aa) for each cellulosic biofuel 
                                production facility that is producing 
                                (and continues to produce) cellulosic 
                                biofuel during the period of January 1 
                                through October 31 of the calendar year 
                                in which the estimate is made (in this 
                                clause referred to as the `current 
                                calendar year')--
                                            ``(AA) determine the 
                                        average monthly volume of 
                                        cellulosic biofuel produced by 
                                        such facility, based on the 
                                        actual volume produced by such 
                                        facility during such period; 
                                        and
                                            ``(BB) based on such 
                                        average monthly volume of 
                                        production, determine the 
                                        estimated annualized volume of 
                                        cellulosic biofuel production 
                                        for such facility for the 
                                        current calendar year; and
                                    ``(bb) for each cellulosic biofuel 
                                production facility that begins initial 
                                production of (and continues to 
                                produce) cellulosic biofuel after 
                                January 1 of the current calendar 
                                year--
                                            ``(AA) determine the 
                                        average monthly volume of 
                                        cellulosic biofuel produced by 
                                        such facility, based on the 
                                        actual volume produced by such 
                                        facility during the period 
                                        beginning on the date of 
                                        initial production of 
                                        cellulosic biofuel by the 
                                        facility and ending on October 
                                        31 of the current calendar 
                                        year; and
                                            ``(BB) based on such 
                                        average monthly volume of 
                                        production, determine the 
                                        estimated annualized volume of 
                                        cellulosic biofuel production 
                                        for such facility for the 
                                        current calendar year.
                            ``(II) An estimate under clause (i) with 
                        respect to the following calendar year of the 
                        projected volume of cellulosic biofuel 
                        production (as described in paragraph 
                        (7)(D)(i)), shall be equal to the total of the 
                        estimated annual volumes of cellulosic biofuel 
                        production for all cellulosic biofuel 
                        production facilities described in subclause 
                        (I) for the current calendar year.''.
    (b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the 
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section 
101(c)(3)(A), is further amended by--
            (1) striking ``based on the'' and inserting ``using the 
        exact'';
            (2) striking ``may also reduce'' and inserting ``shall also 
        reduce''; and
            (3) striking ``by the same or a lesser volume'' and 
        inserting ``by the same volume''.

SEC. 103. REDUCTION IN APPLICABLE VOLUME OF RENEWABLE FUEL 
              CORRESPONDING TO CERTAIN REDUCTIONS IN APPLICABLE VOLUME 
              OF BIOMASS-BASED DIESEL.

    Section 211(o)(7)(E)(ii) of the Clean Air Act (42 U.S.C. 
7545(o)(7)(E)(ii)) is amended by striking ``may also reduce'' and 
inserting ``shall reduce''.

SEC. 104. APPLICABILITY AND REGULATIONS.

    The amendments made by this title to section 211(o) of the Clean 
Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar 
years 2014 and after, except that the Administrator of the 
Environmental Protection Agency shall promulgate regulations to carry 
out such amendments not later than 1 year after the date of enactment 
of this Act, and take any steps necessary to ensure such amendments may 
be carried out for calendar years 2014 and after.

  TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL

SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-
              PERCENT ETHANOL.

    Notwithstanding any other provision of law, the Administrator of 
the Environmental Protection Agency may not, including by granting a 
waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 
7545(f)(4)), authorize or otherwise allow the introduction into 
commerce of gasoline containing greater than 10-volume-percent ethanol.

SEC. 202. PROHIBITION OF WAIVERS.

    (a) In General.--Any waiver granted under section 211(f)(4) of the 
Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of 
this Act that allows the introduction into commerce of gasoline 
containing greater than 10-volume-percent ethanol for use in motor 
vehicles shall have no force or effect.
    (b) Certain Waivers.--The waivers described in subsection (a) 
include the following:
            (1) The waiver entitled, ``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'', 75 Fed. Reg. 68094 
        (November 4, 2010).
            (2) The waiver entitled, ``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'', 76 Fed. Reg. 4662 (January 26, 2011).

SEC. 203. MISFUELING RULE.

    The portions of the rule entitled, ``Regulation to Mitigate the 
Misfueling of Vehicles and Engines with Gasoline Containing Greater 
Than Ten Volume Percent Ethanol and Modifications to the Reformulated 
and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25, 
2011) to mitigate misfueling shall have no force and effect 60 days 
after the date of enactment of this Act.