II 

118TH CONGRESS 

1ST SESSION S. 785 

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 SENATE OF THE UNITED STATES 

MARCH 14, 2023 

Mrs. FISCHER (for herself, Ms. KLOBUCHAR, Mr. THUNE, Mr. RICKETTS, Ms. 

BALDWIN, Mr. GRASSLEY, Ms. SMITH, Mr. CRAMER, Ms. STABENOW, 

Mr. ROUNDS, Ms. DUCKWORTH, Mr. MORAN, Mr. DURBIN, Mr. MARSHALL, Mr. BROWN, Ms. ERNST, and Mr. HOEVEN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

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 ‘‘Consumer and Fuel 

5 Retailer Choice Act of 2023’’. 

6 SEC. 2. ETHANOL WAIVER. 

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

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


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

2 and inserting the following: 

3 ‘‘(4) WAIVERS.— 

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

5 on’’; 

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

7 (A) in the first sentence— 

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

9 each place it appears; and 

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

11 inserting ‘‘if the Administrator deter12 mines’’; and 

13 (B) in the second sentence— 

14 (i) by striking ‘‘such an application’’ 

15 and inserting ‘‘an application described in 

16 subparagraph (A)’’; and 

17 (ii) by striking ‘‘The Administrator’’ 

18 and inserting the following: 

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— 


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

2 that the fuel or fuel additive is substan3 tially similar to a fuel or fuel additive uti4 lized in the certification of any model year 

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

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

7 granted a waiver under subparagraph (A) 

8 and meets all of the conditions of that 

9 waiver other than any limitation of the 

10 waiver with respect to the Reid Vapor 

11 Pressure of the fuel or fuel additive; and 

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

13 other applicable Reid Vapor Pressure re14 quirements under subsection (h).’’. 

15 (b) REID VAPOR PRESSURE LIMITATION.—Section 

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

17 amended— 

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

19 appears and inserting ‘‘Vapor Pressure’’; 

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

21 subparagraph (A), by inserting ‘‘or more’’ after ‘‘10 

22 percent’’; and 

23 (3) in paragraph (5)(A)— 

24 (A) by striking ‘‘Upon notification, accom25 panied by’’ and inserting ‘‘On receipt of a notiVerDate Sep 11 2014 03:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S785.IS S785

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1 fication that is submitted before January 1, 

2 2022, or after the date of enactment of the 

3 Consumer and Fuel Retailer Choice Act of 

4 2023, and is accompanied by appropriate’’; and 

5 (B) by inserting ‘‘or more’’ after ‘‘10 per6 cent’’. 

Æ 


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