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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9885 Introduced in House (IH)]

<DOC>

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.''.
                                 <all>
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