I 

112TH CONGRESS 

1ST SESSION H. R. 424 

To repeal certain amendments to the Clean Air Act relating to the expansion 

of the renewable fuel program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2011 

Mr. BURGESS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To repeal certain amendments to the Clean Air Act relating 

to the expansion of the renewable fuel program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Leave Ethanol Vol5 umes at Existing Levels Act’’ or the ‘‘LEVEL Act’’. 

6 SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PRO7 GRAM. 

8 (a) DEFINITIONS.—Section 211(o)(1) of the Clean 

9 Air Act (42 U.S.C. 7545(o)(1)) is amended to read as fol10 lows: 


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1 ‘‘(1) DEFINITIONS.—In this section: 

2 ‘‘(A) CELLULOSIC BIOMASS ETHANOL.— 

3 The term ‘cellulosic biomass ethanol’ means 

4 ethanol derived from any lignocellulosic or 

5 hemicellulosic matter that is available on a re6 newable or recurring basis, including— 

7 ‘‘(i) dedicated energy crops and trees; 

8 ‘‘(ii) wood and wood residues; 

9 ‘‘(iii) plants; 

10 ‘‘(iv) grasses; 

11 ‘‘(v) agricultural residues; 

12 ‘‘(vi) fibers; 

13 ‘‘(vii) animal wastes and other waste 

14 materials; and 

15 ‘‘(viii) municipal solid waste. 

16 The term also includes any ethanol produced in 

17 facilities where animal wastes or other waste 

18 materials are digested or otherwise used to dis19 place 90 percent or more of the fossil fuel nor20 mally used in the production of ethanol. 

21 ‘‘(B) WASTE DERIVED ETHANOL.—The 

22 term ‘waste derived ethanol’ means ethanol de23 rived from— 


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1 ‘‘(i) animal wastes, including poultry 

2 fats and poultry wastes, and other waste 

3 materials; or 

4 ‘‘(ii) municipal solid waste. 

5 ‘‘(C) RENEWABLE FUEL.— 

6 ‘‘(i) IN GENERAL.—The term ‘renew7 able fuel’ means motor vehicle fuel that— 

8 ‘‘(I)(aa) is produced from grain, 

9 starch, oilseeds, vegetable, animal, or 

10 fish materials including fats, greases, 

11 and oils, sugarcane, sugar beets, 

12 sugar components, tobacco, potatoes, 

13 or other biomass; or 

14 ‘‘(bb) is natural gas produced 

15 from a biogas source, including a 

16 landfill, sewage waste treatment plant, 

17 feedlot, or other place where decaying 

18 organic material is found; and 

19 ‘‘(II) is used to replace or reduce 

20 the quantity of fossil fuel present in a 

21 fuel mixture used to operate a motor 

22 vehicle. 

23 ‘‘(ii) INCLUSION.—The term renew24 able fuel includes— 


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1 ‘‘(I) cellulosic biomass ethanol 

2 and waste derived ethanol; and 

3 ‘‘(II) biodiesel (as defined in sec4 tion 312(f) of the Energy Policy Act 

5 of 1992 (42 U.S.C. 13220(f))) and 

6 any blending components derived from 

7 renewable fuel (provided that only the 

8 renewable fuel portion of any such 

9 blending component shall be consid10 ered part of the applicable volume 

11 under the renewable fuel program es12 tablished by this subsection). 

13 ‘‘(D) SMALL REFINERY.—The term ‘small 

14 refinery’ means a refinery for which the average 

15 aggregate daily crude oil throughput for a cal16 endar year (as determined by dividing the ag17 gregate throughput for the calendar year by the 

18 number of days in the calendar year) does not 

19 exceed 75,000 barrels.’’. 

20 (b) RENEWABLE FUEL PROGRAM.—Paragraph (2) of 

21 section 211(o) of the Clean Air Act (42 U.S.C. 

22 7545(o)(2)) is amended as follows: 

23 (1) REGULATIONS.—Clause (i) of subparagraph 

24 (A) is amended by striking the last sentence. 


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1 (2) APPLICABLE VOLUMES OF RENEWABLE

2 FUEL.—Subparagraph (B) is amended to read as 

3 follows: 

4 ‘‘(B) APPLICABLE VOLUME.—For the pur5 pose of subparagraph (A), the applicable vol6 ume for any of calendar years 2006 through 

7 2012 shall be determined in accordance with 

8 the following table: 

‘‘Calendar year: 

Applicable volume of renewable fuel (in billions 

of gallons): 

2006 4.0 

2007 4.7 

2008 5.4 

2009 6.1 

2010 6.8 

2011 7.4 

2012 7.5’’. 

9 (c) APPLICABLE PERCENTAGES.—Paragraph (3) of 

10 section 211(o) of the Clean Air Act (42 U.S.C. 

11 7545(o)(3)) is amended as follows: 

12 (1) In subparagraph (A), by striking ‘‘2021’’ 

13 and inserting ‘‘2011’’. 

14 (2) In subparagraph (A), by striking ‘‘transpor15 tation fuel, biomass-based diesel, and cellulosic 

16 biofuel’’ and inserting ‘‘gasoline’’. 


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1 (3) In subparagraph (B), by striking ‘‘2021’’ 

2 and inserting ‘‘2012’’ in clause (i). 

3 (4) In subparagraph (B), by striking ‘‘transpor4 tation fuel’’ and inserting ‘‘gasoline’’ in clause 

5 (ii)(II). 

6 (d) CELLULOSIC BIOMASS ETHANOL OR WASTE DE7 RIVED ETHANOL.—Paragraph (4) of section 211(o) of the 

8 Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read 

9 as follows: 

10 ‘‘(4) CELLULOSIC BIOMASS ETHANOL OR WASTE

11 DERIVED ETHANOL.—For the purpose of paragraph 

12 (2), 1 gallon of cellulosic biomass ethanol or waste 

13 derived ethanol shall be considered to be the equiva14 lent of 2.5 gallons of renewable fuel.’’. 

15 (e) CREDIT PROGRAM.—Paragraph (5) of section 

16 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is 

17 amended by striking subparagraph (E). 

18 (f) WAIVERS.— 

19 (1) IN GENERAL.—Paragraph (7) of section 

20 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) 

21 is amended— 

22 (A) in subparagraph (A), by striking ‘‘, by 

23 any person subject to the requirements of this 

24 subsection, or by the Administrator on his own 

25 motion’’; and 


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1 (B) by inserting ‘‘State’’ before ‘‘petition 

2 for a waiver’’ in subparagraph (B). 

3 (2) CELLULOSIC BIOFUEL.—Paragraph (7) of 

4 section 211(o) of the Clean Air Act (42 U.S.C. 

5 7545(o)(7)) is amended by striking subparagraph 

6 (D). 

7 (3) BIOMASS-BASED DIESEL.—Paragraph (7) of 

8 section 211(o) of the Clean Air Act (42 U.S.C. 

9 7545(o)(7)) is amended by striking subparagraphs 

10 (E) and (F). 

11 (g) PERIODIC REVIEWS.—Section 211(o) of the 

12 Clean Air Act (42 U.S.C. 7545(o)) is amended by striking 

13 paragraph (11). 

14 (h) SAVINGS CLAUSE.—Section 211(o) of the Clean 

15 Air Act (42 U.S.C. 7545(o)) is amended by striking para16 graph (12). 

17 (i) REGULATIONS.—Section 211 of the Clean Air Act 

18 (42 U.S.C. 7545) is amended by striking paragraph (2) 

19 of subsection (v). 

20 (j) OTHER PROVISIONS.— 

21 (1) ENVIRONMENTAL AND RESOURCE CON22 SERVATION IMPACTS.—Section 204(b) of the Energy 

23 Independence and Security Act of 2007 (Public Law 

24 110–140) is repealed. 


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1 (2) EFFECTIVE DATE, SAVINGS PROVISION, AND

2 TRANSITION RULES.—Section 210 of the Energy 

3 Independence and Security Act of 2007 (Public Law 

4 110–140) is repealed. 

5 SEC. 3. HIGHER ETHANOL BLENDS. 

6 (a) PROHIBITION OF AUTHORIZATION OF HIGHER

7 ETHANOL BLENDS.—Notwithstanding any other provision 

8 of law, the Administrator of the Environmental Protection 

9 Agency may not permit or authorize (including by grant10 ing a wavier through the fuels and fuel additives waiver 

11 process under section 211(f)(4) of the Clean Air Act (42 

12 U.S.C. 7545(f)(4)) the introduction into commerce of an 

13 ethanol-gasoline blend containing greater than 10 percent 

14 ethanol by volume that is intended for general use in con15 ventional gasoline-powered onroad or nonroad vehicles or 

16 engines. 

17 (b) STUDY.—Not later than 2 years after the date 

18 of enactment of this Act, the Administrator of the Envi19 ronmental Protection Agency shall conduct, and submit to 

20 Congress the results of, a comprehensive study on— 

21 (1) the effects of the introduction into com22 merce of an ethanol-gasoline blend described in sub23 section (a) on consumer products, including— 

24 (A) onroad and nonroad vehicles; 


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1 (B) nonroad engines (such as lawn mow2 ers); and 

3 (C) any other applicable gasoline-powered 

4 vehicles, engines, and devices; 

5 (2) the impact of an ethanol-gasoline blend de6 scribed in subsection (a) on— 

7 (A) engine performance of conventional 

8 gasoline-powered onroad and nonroad vehicles 

9 and nonroad engines; 

10 (B) emissions from the use of the blend; 

11 and 

12 (C) materials compatibility and consumer 

13 safety issues associated with the use of such 

14 blend (including the identification of insufficient 

15 data or information for some or all of such ve16 hicles and engines with respect to each of the 

17 issues described in this subparagraph and sub18 paragraphs (A) and (B)); and 

19 (3) the ability of wholesale and retail gasoline 

20 distribution infrastructure, including bulk storage, 

21 retail storage configurations, and retail equipment 

22 (including certification of equipment compatibility by 

23 independent organizations), to introduce such an 

24 ethanol-gasoline blend into commerce without wideVerDate Mar 15 2010 02:50 Feb 02, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H424.IH H424

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1 spread intentional or unintentional misfueling by 

2 consumers. 

Æ 


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