I 

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. 

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 ‘‘Nationwide Consumer 

5 and Fuel Retailer Choice Act of 2024’’. 


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1 SEC. 2. ETHANOL WAIVER. 

2 (a) EXISTING WAIVERS.—Section 211(f)(4) of the 

3 Clean Air Act (42 U.S.C. 7545(f)(4)) is amended— 

4 (1) by striking ‘‘(4) The Administrator, upon’’ 

5 and inserting the following: 

6 ‘‘(4) WAIVERS.— 

7 ‘‘(A) IN GENERAL.—The Administrator, 

8 on’’; 

9 (2) in subparagraph (A) (as so designated)— 

10 (A) in the first sentence— 

11 (i) by striking ‘‘of this subsection’’ 

12 each place it appears; and 

13 (ii) by striking ‘‘if he determines’’ and 

14 inserting ‘‘if the Administrator deter15 mines’’; and 

16 (B) in the second sentence, by striking 

17 ‘‘The Administrator’’ and inserting the fol18 lowing: 

19 ‘‘(B) FINAL ACTION.—The Adminis20 trator’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(C) REID VAPOR PRESSURE.—A fuel or 

23 fuel additive may be introduced into commerce 

24 if— 

25 ‘‘(i)(I) the Administrator determines 

26 that the fuel or fuel additive is substanVerDate Sep 11 2014 19:09 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9885.IH H9885

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1 tially similar to a fuel or fuel additive uti2 lized in the certification of any model year 

3 vehicle pursuant to paragraph (1)(A); or 

4 ‘‘(II) the fuel or fuel additive has been 

5 granted a waiver under subparagraph (A) 

6 and meets all of the conditions of that 

7 waiver other than any limitation of the 

8 waiver with respect to the Reid Vapor 

9 Pressure of the fuel or fuel additive; and 

10 ‘‘(ii) the fuel or fuel additive meets all 

11 other applicable Reid Vapor Pressure re12 quirements under subsection (h).’’. 

13 (b) REID VAPOR PRESSURE LIMITATION.—Section 

14 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 

15 amended— 

16 (1) by striking ‘‘vapor pressure’’ each place it 

17 appears and inserting ‘‘Vapor Pressure’’; 

18 (2) in paragraph (4), in the matter preceding 

19 subparagraph (A), by striking ‘‘10 percent’’ and in20 serting ‘‘10 to 15 percent’’; and 

21 (3) in paragraph (5)(A)— 

22 (A) by striking ‘‘Upon notification, accom23 panied by’’ and inserting ‘‘On receipt of a noti24 fication that is submitted before January 1, 

25 2022, or after the date of enactment of the NaVerDate Sep 11 2014 19:09 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9885.IH H9885

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1 tionwide Consumer and Fuel Retailer Choice 

2 Act of 2024, and is accompanied by appro3 priate’’; and 

4 (B) by striking ‘‘10 percent’’ and inserting 

5 ‘‘10 to 15 percent’’. 

6 SEC. 3. GENERATION OF CREDITS BY SMALL REFINERIES 

7 UNDER THE RENEWABLE FUEL PROGRAM. 

8 Section 211(o)(9) of the Clean Air Act (42 U.S.C. 

9 7545(o)(9)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(E) CREDITS GENERATED FOR 2016–2018

12 COMPLIANCE YEARS.— 

13 ‘‘(i) RULE.—For any small refinery 

14 described in clause (ii) or (iii), the credits 

15 described in the respective clause shall 

16 be— 

17 ‘‘(I) returned to the small refin18 ery and, notwithstanding paragraph 

19 (5)(C), deemed eligible for future 

20 compliance years; or 

21 ‘‘(II) applied as a credit in the 

22 EPA Moderated Transaction System 

23 (EMTS) account of the small refinery. 


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1 ‘‘(ii) COMPLIANCE YEARS 2016 AND

2 2017.—Clause (i) applies with respect to 

3 any small refinery that— 

4 ‘‘(I) retired credits generated for 

5 compliance years 2016 or 2017; and 

6 ‘‘(II) submitted a petition under 

7 subparagraph (B)(i) for that compli8 ance year that remained outstanding 

9 as of December 1, 2022. 

10 ‘‘(iii) COMPLIANCE YEAR 2018.—In 

11 addition to small refineries described in 

12 clause (ii), clause (i) applies with respect 

13 to any small refinery— 

14 ‘‘(I) that submitted a petition 

15 under subparagraph (B)(i) for compli16 ance year 2018 by September 1, 

17 2019; 

18 ‘‘(II) that retired credits gen19 erated for compliance year 2018 as 

20 part of the compliance demonstration 

21 of the small refinery for compliance 

22 year 2018 by March 31, 2019; and 

23 ‘‘(III) for which— 


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1 ‘‘(aa) the petition remained 

2 outstanding as of December 1, 

3 2022; or 

4 ‘‘(bb) the Administrator de5 nied the petition as of July 1, 

6 2022, and has not returned the 

7 retired credits as of December 1, 

8 2022.’’. 

Æ 


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