I 

116TH CONGRESS 

1ST SESSION H. R. 104 

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 3, 2019 

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: 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 104 IH

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— 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 104 IH

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— 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 104 IH

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. 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 104 IH

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 of renewable fuel for each calendar year 

7 shall be 7,500,000,000 gallons.’’. 

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

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

10 7545(o)(3)) is amended as follows: 

11 (1) In subparagraph (A), by striking ‘‘each of 

12 calendar years 2005 through 2021’’ and inserting 

13 ‘‘each calendar year’’. 

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

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

17 (3) In subparagraph (B)(i), by striking ‘‘each 

18 of calendar years 2005 through 2021’’ and inserting 

19 ‘‘each calendar year’’. 

20 (4) In subparagraph (B), by striking ‘‘transpor21 tation fuel’’ and inserting ‘‘gasoline’’ in clause 

22 (ii)(II). 

23 (d) CELLULOSIC BIOMASS ETHANOL OR WASTE DE24 RIVED ETHANOL.—Paragraph (4) of section 211(o) of the 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 104 IH

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

2 as follows: 

3 ‘‘(4) CELLULOSIC BIOMASS ETHANOL OR WASTE

4 DERIVED ETHANOL.—For the purpose of paragraph 

5 (2), 1 gallon of cellulosic biomass ethanol or waste 

6 derived ethanol shall be considered to be the equiva7 lent of 2.5 gallons of renewable fuel.’’. 

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

9 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is 

10 amended by striking subparagraph (E). 

11 (f) WAIVERS.— 

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

13 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) 

14 is amended— 

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

16 any person subject to the requirements of this 

17 subsection, or by the Administrator on his own 

18 motion’’; and 

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

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

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

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

23 7545(o)(7)) is amended by striking subparagraph 

24 (D). 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 104 IH

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

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

3 7545(o)(7)) is amended by striking subparagraphs 

4 (E) and (F). 

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

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

7 paragraph (11). 

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

9 Air Act (42 U.S.C. 7545(o)) is amended by striking para10 graph (12). 

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

12 (42 U.S.C. 7545) is amended by striking paragraph (2) 

13 of subsection (v). 

14 (j) OTHER PROVISIONS.— 

15 (1) ENVIRONMENTAL AND RESOURCE CON16 SERVATION IMPACTS.—Section 204(b) of the Energy 

17 Independence and Security Act of 2007 (Public Law 

18 110–140) is repealed. 

19 (2) EFFECTIVE DATE, SAVINGS PROVISION, AND

20 TRANSITION RULES.—Section 210 of the Energy 

21 Independence and Security Act of 2007 (Public Law 

22 110–140) is repealed. 

23 (k) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on January 1 of the first cal25 endar year following the date of enactment of this Act. 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 104 IH

1 (l) ESTIMATES FOR FIRST CALENDAR YEAR.—Prior 

2 to January 1 of the first calendar year following the date 

3 of enactment of this Act— 

4 (1) the Administrator of the Energy Informa5 tion Administration shall provide to the Adminis6 trator of the Environmental Protection Agency an 

7 estimate, under section 211(o)(3) of the Clean Air 

8 Act, as amended by this Act, with respect to such 

9 calendar year, of the volumes of gasoline projected 

10 to be sold or introduced into commerce in the United 

11 States; and 

12 (2) based on the estimate provided under para13 graph (1), the Administrator of the Environmental 

14 Protection Agency shall determine and publish in 

15 the Federal Register, with respect to such calendar 

16 year, the renewable fuel obligation for such calendar 

17 year under section 211(o)(3) of the Clean Air Act, 

18 as amended by this Act. 

19 SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETH20 ANOL BLENDS. 

21 (a) PROHIBITION.—Notwithstanding any provision of 

22 the Clean Air Act (42 U.S.C. 7401 et seq.), the Adminis23 trator of the Environmental Protection Agency may not 

24 permit or authorize (including by granting a waiver 

25 through the fuels and fuel additives waiver process under 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 104 IH

1 section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the 

2 introduction into commerce of gasoline that— 

3 (1) contains greater than 10-volume-percent 

4 ethanol; 

5 (2) is intended for general use in conventional 

6 gasoline-powered onroad or nonroad vehicles or en7 gines; and 

8 (3) is not, on or before the date of enactment 

9 of this Act— 

10 (A) registered in accordance with section 

11 211(b) of such Act (42 U.S.C. 7545(b)); and 

12 (B) lawfully sold in the United States. 

13 (b) REPEAL OF EXISTING WAIVERS.— 

14 (1) IN GENERAL.—Any waiver described in 

15 paragraph (2) is repealed and shall have no force or 

16 effect. 

17 (2) WAIVER.—A waiver described in this para18 graph— 

19 (A) is a waiver granted pursuant to section 

20 211(f)(4) of the Clean Air Act (42 U.S.C. 

21 7545(f)(4)) prior to the date of enactment of 

22 this Act that permits or authorizes the intro23 duction into commerce of gasoline that contains 

24 greater than 10-volume-percent ethanol for genVerDate Sep 11 2014 22:55 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H104.IH H104

kjohnson on DSK79L0C42 with BILLS
10 

•HR 104 IH

1 eral use in conventional gasoline-powered 

2 onroad or nonroad vehicles or engines; and 

3 (B) includes the following: 

4 (i) ‘‘Partial Grant and Partial Denial 

5 of Clean Air Act Waiver Application Sub6 mitted by Growth Energy To Increase the 

7 Allowable Ethanol Content of Gasoline to 

8 15 Percent; Decision of the Administrator’’ 

9 published at 75 Fed. Reg. 68094 (Novem10 ber 4, 2010). 

11 (ii) ‘‘Partial Grant of Clean Air Act 

12 Waiver Application Submitted by Growth 

13 Energy To Increase the Allowable Ethanol 

14 Content of Gasoline to 15 Percent; Deci15 sion of the Administrator’’ published at 76 

16 Fed. Reg. 4662 (January 26, 2011). 

17 (3) EXCEPTION.—Paragraph (1) shall not 

18 apply with respect to a waiver to the extent such 

19 waiver permits or authorizes the introduction into 

20 commerce of gasoline— 

21 (A) that is described in paragraph (2)(A); 

22 and 

23 (B) that is, on or before the date of enact24 ment of this Act— 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 104 IH

1 (i) registered in accordance with sec2 tion 211(b) of the Clean Air Act (42 

3 U.S.C. 7545(b)); and 

4 (ii) lawfully sold in the United States. 

5 (c) STUDY.—Not later than 2 years after the date 

6 of enactment of this Act, the Administrator of the Envi7 ronmental Protection Agency shall conduct, and submit to 

8 Congress the results of, a comprehensive study on— 

9 (1) the effects of the introduction into com10 merce of an ethanol-gasoline blend described in sub11 section (b)(2)(A) on consumer products, including— 

12 (A) onroad and nonroad vehicles; 

13 (B) nonroad engines (such as lawn mow14 ers); and 

15 (C) any other applicable gasoline-powered 

16 vehicles, engines, and devices; 

17 (2) the impact of an ethanol-gasoline blend de18 scribed in subsection (b)(2)(A) on— 

19 (A) engine performance of conventional 

20 gasoline-powered onroad and nonroad vehicles 

21 and nonroad engines; 

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

23 and 

24 (C) materials compatibility and consumer 

25 safety issues associated with the use of such 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 104 IH

1 blend (including the identification of insufficient 

2 data or information for some or all of such ve3 hicles and engines with respect to each of the 

4 issues described in this subparagraph and sub5 paragraphs (A) and (B)); and 

6 (3) the ability of wholesale and retail gasoline 

7 distribution infrastructure, including bulk storage, 

8 retail storage configurations, and retail equipment 

9 (including certification of equipment compatibility by 

10 independent organizations), to introduce such an 

11 ethanol-gasoline blend into commerce without wide12 spread intentional or unintentional misfueling by 

13 consumers. 

Æ 


kjohnson on DSK79L0C42 with BILLS