I 

117TH CONGRESS 

1ST SESSION H. R. 1542 

To amend the Farm Security and Rural Investment Act of 2002 to provide 

grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling 

and underground storage tank compatibility, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2021 

Mrs. AXNE (for herself, Mr. RODNEY DAVIS of Illinois, Ms. CRAIG, Mr. JOHNSON of South Dakota, Mr. SMITH of Nebraska, Mr. POCAN, Mr. 

FEENSTRA, Mr. HAGEDORN, Mr. BOST, Mrs. BUSTOS, Mr. BAIRD, Mr. 

EMMER, Mr. BACON, Mrs. HINSON, and Mrs. FISCHBACH) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Farm Security and Rural Investment Act 

of 2002 to provide grants for deployment of renewable 

fuel infrastructure, to finalize proposed rules relating 

to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Renewable Fuel Infra3 structure Investment and Market Expansion Act of 

4 2021’’. 

5 SEC. 2. GRANTS FOR DEPLOYMENT OF RENEWABLE FUEL 

6 INFRASTRUCTURE. 

7 Title IX of the Farm Security and Rural Investment 

8 Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding 

9 at the end the following: 

10 ‘‘SEC. 9015. RENEWABLE FUEL INFRASTRUCTURE GRANT 

11 PROGRAM. 

12 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec13 tion, the term ‘eligible entity’ means— 

14 ‘‘(1) a State or unit of local government; 

15 ‘‘(2) a Tribal government; 

16 ‘‘(3) an authority, agency, partnership, or in17 strumentality of an entity described in paragraph 

18 (1) or (2); and 

19 ‘‘(4) a group of entities described in paragraphs 

20 (1) through (3). 

21 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 

22 the date of enactment of this section, the Secretary shall 

23 establish a grant program to award grants to eligible enti24 ties to carry out the activities described in subsection (e). 

25 ‘‘(c) APPLICATIONS.—An eligible entity desiring a 

26 grant under this section shall submit to the Secretary an 


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1 application at such time, in such manner, and containing 

2 such information as the Secretary may require. 

3 ‘‘(d) ELIGIBILITY CRITERIA.—In selecting an eligible 

4 entity to receive a grant under this section, the Secretary 

5 shall consider the extent to which the application of the 

6 eligible entity proposes— 

7 ‘‘(1) to convert existing pump infrastructure to 

8 deliver ethanol blends with greater than 10 percent 

9 ethanol; 

10 ‘‘(2) to diversify the geographic area selling eth11 anol blends with greater than 10 percent ethanol; 

12 ‘‘(3) to support existing or emerging biodiesel, 

13 bioheat, and sustainable aviation fuel markets that 

14 have existing incentives; 

15 ‘‘(4) to increase the use of existing fuel delivery 

16 infrastructure; 

17 ‘‘(5) to enable or accelerate the deployment of 

18 renewable fuel infrastructure that would be unlikely 

19 to be completed without Federal assistance; and 

20 ‘‘(6) to build and retrofit traditional and pipe21 line biodiesel terminal operations (including rail 

22 lines) and home heating oil distribution centers or 

23 equivalent entities— 

24 ‘‘(A) to blend biodiesel; and 

25 ‘‘(B) to carry ethanol and biodiesel. 


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1 ‘‘(e) ELIGIBLE USE.—An eligible entity that receives 

2 a grant under this section may use the grant funds— 

3 ‘‘(1) to distribute to private or public entities 

4 for costs related to incentivizing deployment of re5 newable fuel infrastructure; 

6 ‘‘(2) to convert existing pump infrastructure to 

7 deliver ethanol blends greater than 10 percent and 

8 biodiesel blends greater than 20 percent; 

9 ‘‘(3) to install fuel pumps and related infra10 structure dedicated to the distribution of higher eth11 anol blends (including E15 and E85) and higher 

12 biodiesel blends up to B100 at fueling locations, in13 cluding— 

14 ‘‘(A) local fueling stations; 

15 ‘‘(B) convenience stores; 

16 ‘‘(C) hypermarket fueling stations; and 

17 ‘‘(D) fleet facilities or similar entities; and 

18 ‘‘(4) to build and retrofit traditional and pipe19 line biodiesel terminal operations (including rail 

20 lines) and home heating oil distribution centers or 

21 equivalent entities— 

22 ‘‘(A) to blend biodiesel; and 

23 ‘‘(B) to carry ethanol and biodiesel. 

24 ‘‘(f) CERTIFICATION REQUIREMENT.—Any infra25 structure used or installed with grant funds provided 


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1 under this section shall be certified by the Underwriters 

2 Laboratory as infrastructure that distributes blends with 

3 an ethanol content of 25 percent or greater. 

4 ‘‘(g) FUNDING.— 

5 ‘‘(1) FEDERAL SHARE.—The Federal share of 

6 the total cost of carrying out a project awarded a 

7 grant under this section shall not exceed 75 percent. 

8 ‘‘(2) MAXIMUM PERCENTAGE FOR CERTAIN AC9 TIVITIES.—An eligible entity receiving a grant under 

10 this section shall ensure that Federal funds do not 

11 exceed— 

12 ‘‘(A) 75 percent of the per pump cost 

13 for— 

14 ‘‘(i) pumps that can dispense a range 

15 of ethanol blends of E85 or lower (new 

16 pumps or retrofit of existing pumps); and 

17 ‘‘(ii) dedicated E15 or E85 pumps 

18 (new pumps or retrofit of existing pumps); 

19 ‘‘(B) 50 percent of the terminal cost for 

20 terminals with B100 capabilities; or 

21 ‘‘(C) 25 percent of the per tank cost for 

22 new storage tanks and related equipment asso23 ciated with new facilities or additional capacity 

24 other than replacement of existing storage 


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1 tanks and related equipment associated with ex2 isting facilities. 

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to the Secretary to carry 

5 out this section $100,000,000 for each of fiscal years 2021 

6 through 2025.’’. 

7 SEC. 3. REPEAL OF E15 FUEL DISPENSER LABELING RE8 QUIREMENTS. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of enactment of this Act, the Administrator of the 

11 Environmental Protection Agency (referred to in this Act 

12 as the ‘‘Administrator’’) shall finalize the proposed rule 

13 of the Administrator entitled ‘‘E15 Fuel Dispenser Label14 ing and Compatibility With Underground Storage Tanks’’ 

15 (86 Fed. Reg. 5094 (January 19, 2021)) with respect to 

16 the amendments proposed to be made by that rule to part 

17 80 of title 40, Code of Federal Regulations (as in effect 

18 on the date of enactment of this Act). 

19 (b) REQUIREMENTS.—In carrying out subsection (a), 

20 the Administrator shall ensure that the final rule required 

21 under that subsection— 

22 (1) eliminates the E15 labeling requirement; 

23 (2) is published in the Federal Register; and 

24 (3) is, to the extent practicable, in compliance 

25 with all applicable provisions of chapter 5 of title 5, 


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1 United States Code (commonly known as the ‘‘Ad2 ministrative Procedures Act’’) and all other provi3 sions of law relating to rulemaking procedures. 

4 (c) COLLABORATION.—In carrying out this section, 

5 the Administrator shall collaborate with the Chair of the 

6 Federal Trade Commission to harmonize the rule required 

7 under subsection (a) with related automotive fuel rating 

8 labeling requirements under section 306.10 of title 16, 

9 Code of Federal Regulations (or successor regulations). 

10 (d) REPORT.—Not later than 180 days after the Ad11 ministrator finalizes the rule required under subsection 

12 (a), the Administrator shall submit to the Committees on 

13 Agriculture, Nutrition, and Forestry, Energy and Natural 

14 Resources, and Environment and Public Works of the 

15 Senate and the Committees on Agriculture, Energy and 

16 Commerce, and Science, Space, and Technology of the 

17 House of Representatives a report that summarizes the 

18 major activities taken to carry out subsections (a) and (b). 

19 SEC. 4. UPDATES TO UNDERGROUND STORAGE TANK COM20 PATIBILITY REQUIREMENTS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of enactment of this Act, the Administrator shall fi23 nalize the proposed rule of the Administrator entitled 

24 ‘‘E15 Fuel Dispenser Labeling and Compatibility With 

25 Underground Storage Tanks’’ (86 Fed. Reg. 5094 (JanuVerDate Sep 11 2014 20:19 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1542.IH H1542

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1 ary 19, 2021)) with respect to the amendments proposed 

2 to be made by that rule to parts 280 and 281 of title 40, 

3 Code of Federal Regulations (as in effect on the date of 

4 enactment of this Act). 

5 (b) REQUIREMENTS.—In carrying out subsection (a), 

6 the Administrator shall ensure that the final rule required 

7 under that subsection— 

8 (1) is published in the Federal Register; and 

9 (2) is, to the extent practicable, in compliance 

10 with all applicable provisions of chapter 5 of title 5, 

11 United States Code (commonly known as the ‘‘Ad12 ministrative Procedures Act’’) and all other provi13 sions of law relating to rulemaking procedures. 

14 (c) REPORT.—Not later than 180 days after the Ad15 ministrator finalizes the rule required under subsection 

16 (a), the Administrator shall submit to the Committees on 

17 Agriculture, Nutrition, and Forestry, Energy and Natural 

18 Resources, and Environment and Public Works of the 

19 Senate and the Committees on Agriculture, Energy and 

20 Commerce, and Science, Space, and Technology of the 

21 House of Representatives a report that summarizes the 

22 major activities taken to carry out subsections (a) and (b). 

Æ 


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