II 

118TH CONGRESS 

1ST SESSION S. 2707 

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 

JULY 27, 2023 

Mrs. FISCHER (for herself, Ms. DUCKWORTH, Mrs. CAPITO, Mr. RICKETTS, 

Mr. THUNE, Mr. ROUNDS, Mr. MARSHALL, Ms. ERNST, Mr. GRASSLEY, 

Mr. MORAN, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. WICKER, and Ms. 

BALDWIN) 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 ‘‘Nationwide Consumer 

5 and Fuel 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 striking ‘‘10 percent’’ and in22 serting ‘‘10 to 15 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 00:25 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2707.IS S2707

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1 fication that is submitted before January 1, 

2 2022, or after the date of enactment of the Na3 tionwide Consumer and Fuel Retailer Choice 

4 Act of 2023, and is accompanied by appro5 priate’’; and 

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

7 ‘‘10 to 15 percent’’. 

8 SEC. 3. GENERATION OF CREDITS BY SMALL REFINERIES 

9 UNDER THE RENEWABLE FUEL PROGRAM. 

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

11 7545(o)(9)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(E) CREDITS GENERATED FOR 2016-2018

14 COMPLIANCE YEARS.— 

15 ‘‘(i) CREDITS GENERATED FOR COM16 PLIANCE YEAR 2018.—For any small refin17 ery— 

18 ‘‘(I) that submitted a petition 

19 under subparagraph (B)(i) for compli20 ance year 2018 by September 1, 

21 2019; 

22 ‘‘(II) that retired credits gen23 erated for compliance year 2018 as 

24 part of the compliance demonstration 


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1 of the small refinery for compliance 

2 year 2018 by March 31, 2019; and 

3 ‘‘(III) for which— 

4 ‘‘(aa) the petition remained 

5 outstanding as of December 1, 

6 2022; or 

7 ‘‘(bb) the Administrator de8 nied the petition as of July 1, 

9 2022, and has not returned the 

10 retired credits as of December 1, 

11 2022, 

12 the credits shall be— 

13 ‘‘(AA) returned to the small re14 finery and, notwithstanding paragraph 

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

16 compliance years; or 

17 ‘‘(BB) applied as a credit in the 

18 EPA Moderated Transaction System 

19 (EMTS) account of the small refinery. 

20 ‘‘(ii) CREDITS GENERATED FOR COM21 PLIANCE YEARS 2016 AND 2017.—For any 

22 small refinery that retired credits gen23 erated for compliance years 2016 or 2017 

24 and submitted a petition under subpara25 graph (B)(i) for that compliance year that 


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1 remained outstanding as of December 1, 

2 2022, those generated credits shall be— 

3 ‘‘(I) returned to the small refin4 ery and, notwithstanding paragraph 

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

6 compliance years; or 

7 ‘‘(II) applied as a credit in the 

8 EPA Moderated Transaction System 

9 (EMTS) account of the small refin10 ery.’’. 

Æ 


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