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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1315 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1315

To amend the Clean Air Act to eliminate certain requirements under the 
     renewable fuel program, to prohibit the Administrator of the 
 Environmental Protection Agency from approving the introduction into 
   commerce of gasoline that contains greater than 10-volume-percent 
                    ethanol, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2017

   Mr. Goodlatte (for himself, Mr. Welch, Mr. Womack, Mr. Costa, Mr. 
Franks of Arizona, Mr. LaMalfa, Mr. Bridenstine, Mr. Brooks of Alabama, 
   Mr. Posey, Mr. Dent, Mr. Pittenger, Mr. Meadows, Mr. DeFazio, Mr. 
Rothfus, Mrs. Comstock, Mr. Gosar, Mr. Chaffetz, Mr. Harris, Mr. Roe of 
     Tennessee, Mr. Sensenbrenner, Mr. Cole, Mr. Poe of Texas, Mr. 
 Loudermilk, Mr. Zeldin, Mr. Pearce, Mr. Westerman, Mr. Crawford, Mr. 
 Cooper, Mr. McCaul, Mr. Allen, Mr. Bishop of Utah, Mr. Richmond, Mr. 
Schweikert, Mr. Amodei, Mr. Farenthold, Mr. Sessions, Mr. Fleischmann, 
 Mr. Babin, Mr. Gaetz, Mr. Jones, Mr. Williams, Mr. Bilirakis, and Mr. 
   Austin Scott of Georgia) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend the Clean Air Act to eliminate certain requirements under the 
     renewable fuel program, to prohibit the Administrator of the 
 Environmental Protection Agency from approving the introduction into 
   commerce of gasoline that contains greater than 10-volume-percent 
                    ethanol, 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 ``RFS Reform Act of 2017''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
              TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS

Sec. 101. Amendments to the Clean Air Act.
Sec. 102. Cellulosic biofuel requirement based on actual production.
Sec. 103. Applicability and regulations.
  TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL

Sec. 201. Prohibition of gasoline blends with greater than 10-volume-
                            percent ethanol.
Sec. 202. Prohibition of waivers.
Sec. 203. Misfueling rule.

              TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS

SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT.

    (a) Revised Definition of Renewable Fuel.--
            (1) In general.--Section 211(o)(1)(J) of the Clean Air Act 
        (42 U.S.C. 7545(o)(1)(J)) is amended to read as follows:
                    ``(J) Renewable fuel.--The term `renewable fuel' 
                means fuel that--
                            ``(i) is produced from renewable biomass;
                            ``(ii) is used to replace or reduce the 
                        quantity of fossil fuel present in a 
                        transportation fuel; and
                            ``(iii) beginning on January 1, 2017, is 
                        advanced biofuel.''.
            (2) Conforming amendment.--Section 211(o)(1)(B)(i) of the 
        Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by 
        striking ``renewable fuel'' and inserting ``fuel described in 
        clauses (i) and (ii) of subparagraph (J)''.
    (b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air 
Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended--
            (1) in the table in subclause (I)--
                    (A) by striking ``24.0'' and inserting ``9.0'';
                    (B) by striking ``26.0'' and inserting ``11.0'';
                    (C) by striking ``28.0'' and inserting ``13.0'';
                    (D) by striking ``30.0'' and inserting ``15.0'';
                    (E) by striking ``33.0'' and inserting ``18.0''; 
                and
                    (F) by striking ``36.0'' and inserting ``21.0'';
            (2) in subclause (II)--
                    (A) in the matter preceding the table, by striking 
                ``2022'' and inserting ``2016''; and
                    (B) in the table, by striking the items relating to 
                calendar years 2017 through 2022;
            (3) in subclause (III), by striking ``of the volume of 
        advanced biofuel required under subclause (II)'' and inserting 
        ``of the volume of advanced biofuel required for calendar years 
        2010 through 2016 under subclause (II), as in effect on the day 
        before the date of enactment of the RFS Reform Act of 2017, and 
        of the volume of renewable fuel required for calendar years 
        2017 through 2022 under subclause (I)''; and
            (4) in subclause (IV), by inserting ``, as in effect on the 
        day before the date of enactment of the RFS Reform Act of 
        2017'' after ``of the volume of advanced biofuel required under 
        subclause (II)''.
    (c) Conforming Amendments.--
            (1) Other calendar years.--Section 211(o)(2)(B) of the 
        Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
                    (A) in clause (ii)(III), by striking ``advanced 
                biofuels in each category (cellulosic biofuel and 
                biomass-based diesel)'' and inserting ``cellulosic 
                biofuel and biomass-based diesel'';
                    (B) by striking clause (iii); and
                    (C) by redesignating clauses (iv) and (v) as 
                clauses (iii) and (iv), respectively.
            (2) Applicable percent reduction level.--Section 211(o)(4) 
        of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended--
                    (A) in subparagraph (E), by striking ``20, 50, or 
                60 percent reduction levels'' and inserting 
                ``applicable percent reduction level''; and
                    (B) in subparagraph (F), by inserting ``(if 
                applicable)'' after ``(2)(A)(i)''.
            (3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 
        U.S.C. 7545(o)(7)) is amended--
                    (A) in subparagraph (D)(i), by inserting ``, if 
                such year is before 2017,'' before ``advanced 
                biofuels''; and
                    (B) in subparagraph (E)(ii), by inserting ``, if 
                such year is before 2017,'' before ``advanced 
                biofuels''.

SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.

    (a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is 
amended--
            (1) by inserting ``(i)'' before ``Not later than''; and
            (2) by adding at the end the following new clause:
                    ``(ii)(I) In determining any estimate under clause 
                (i), with respect to the following calendar year, of 
                the projected volume of cellulosic biofuel production 
                (as described in paragraph (7)(D)(i)), the 
                Administrator of the Energy Information Administration 
                shall--
                            ``(aa) for each cellulosic biofuel 
                        production facility that is producing (and 
                        continues to produce) cellulosic biofuel during 
                        the period of January 1 through October 31 of 
                        the calendar year in which the estimate is made 
                        (in this clause referred to as the `current 
                        calendar year')--
                                    ``(AA) determine the average 
                                monthly volume of cellulosic biofuel 
                                produced by such facility, based on the 
                                actual volume produced by such facility 
                                during such period; and
                                    ``(BB) based on such average 
                                monthly volume of production, determine 
                                the estimated annualized volume of 
                                cellulosic biofuel production for such 
                                facility for the current calendar year; 
                                and
                            ``(bb) for each cellulosic biofuel 
                        production facility that begins initial 
                        production of (and continues to produce) 
                        cellulosic biofuel after January 1 of the 
                        current calendar year--
                                    ``(AA) determine the average 
                                monthly volume of cellulosic biofuel 
                                produced by such facility, based on the 
                                actual volume produced by such facility 
                                during the period beginning on the date 
                                of initial production of cellulosic 
                                biofuel by the facility and ending on 
                                October 31 of the current calendar 
                                year; and
                                    ``(BB) based on such average 
                                monthly volume of production, determine 
                                the estimated annualized volume of 
                                cellulosic biofuel production for such 
                                facility for the current calendar year.
                    ``(II) An estimate under clause (i) with respect to 
                the following calendar year of the projected volume of 
                cellulosic biofuel production (as described in 
                paragraph (7)(D)(i)), shall be equal to the total of 
                the estimated annual volumes of cellulosic biofuel 
                production for all cellulosic biofuel production 
                facilities described in subclause (I) for the current 
                calendar year.''.
    (b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the 
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section 
101(c)(3)(A), is further amended by--
            (1) striking ``based on the'' and inserting ``using the 
        exact'';
            (2) striking ``may also reduce'' and inserting ``shall also 
        reduce''; and
            (3) striking ``by the same or a lesser volume'' and 
        inserting ``by the same volume''.

SEC. 103. APPLICABILITY AND REGULATIONS.

    The amendments made by this title to section 211(o) of the Clean 
Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar 
years 2017 and after, except that the Administrator of the 
Environmental Protection Agency shall promulgate regulations to carry 
out such amendments not later than 1 year after the date of enactment 
of this Act, and take any steps necessary to ensure such amendments may 
be carried out for calendar years 2017 and after.

  TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL

SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-
              PERCENT ETHANOL.

    Notwithstanding any other provision of law, the Administrator of 
the Environmental Protection Agency may not, including by granting a 
waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 
7545(f)(4)), authorize or otherwise allow the introduction into 
commerce of gasoline containing greater than 10-volume-percent ethanol.

SEC. 202. PROHIBITION OF WAIVERS.

    (a) In General.--Any waiver granted under section 211(f)(4) of the 
Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of 
this Act that allows the introduction into commerce of gasoline 
containing greater than 10-volume-percent ethanol for use in motor 
vehicles shall have no force or effect.
    (b) Certain Waivers.--The waivers described in subsection (a) 
include the following:
            (1) The waiver entitled, ``Partial Grant and Partial Denial 
        of Clean Air Act Waiver Application Submitted by Growth Energy 
        To Increase the Allowable Ethanol Content of Gasoline to 15 
        Percent; Decision of the Administrator'', 75 Fed. Reg. 68094 
        (November 4, 2010).
            (2) The waiver entitled, ``Partial Grant of Clean Air Act 
        Waiver Application Submitted by Growth Energy To Increase the 
        Allowable Ethanol Content of Gasoline to 15 Percent; Decision 
        of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011).

SEC. 203. MISFUELING RULE.

    The portions of the rule entitled, ``Regulation to Mitigate the 
Misfueling of Vehicles and Engines with Gasoline Containing Greater 
Than Ten Volume Percent Ethanol and Modifications to the Reformulated 
and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25, 
2011) to mitigate misfueling shall have no force and effect beginning 
60 days after the date of enactment of this Act.
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