I 

116TH CONGRESS 

2D SESSION H. R. 8371 

To promote low-carbon, high-octane fuels, to protect public health, and to 

improve vehicle efficiency and performance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2020 

Mrs. BUSTOS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To promote low-carbon, high-octane fuels, to protect public 

health, and to improve vehicle efficiency and performance, 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 ‘‘Next Generation Fuels 

5 Act of 2020’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—LOW-CARBON HIGH-OCTANE FUELS 

Sec. 101. High-octane certification fuel. 


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Sec. 102. Clean octane standard. 

TITLE II—REGULATORY HARMONIZATION 

Sec. 201. Reid vapor pressure. 

Sec. 202. Fuel economy adjustment. 

Sec. 203. E30. 

Sec. 204. Replacement of motor vehicle emissions simulator (MOVES) model. 

TITLE III—INFRASTRUCTURE 

Sec. 301. High-efficiency vehicles. 

Sec. 302. Performance standards for new e30 infrastructure. 

Sec. 303. CAFE and GHG credit generation. 

1 TITLE I—LOW-CARBON HIGH2 OCTANE FUELS 

3 SEC. 101. HIGH-OCTANE CERTIFICATION FUEL. 

4 (a) IN GENERAL.—Not later than January 1, 2022, 

5 the Administrator of the Environmental Protection Agen6 cy shall take such actions as are necessary to allow the 

7 use of a certification test fuel described in subsection (b) 

8 for purposes of— 

9 (1) testing and certification under section 

10 206(a) of the Clean Air Act (42 U.S.C. 7525(a)) of 

11 motor vehicles described in section 220(a) of the 

12 Clean Air Act (as added by section 301 of this Act); 

13 and 

14 (2) testing and calculation procedures under 

15 section 32904(c) of title 49, United States Code, 

16 with respect to such motor vehicles. 

17 (b) CERTIFICATION TEST FUEL DESCRIBED.—A cer18 tification test fuel referred to in subsection (a) shall— 

19 (1) have a research octane number of 98; and 


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1 (2) be blended by adding sources of octane 

2 value that meet the requirements of subsection (c) to 

3 the low-level ethanol-gasoline blend test fuel used to 

4 certify model year 2020 light-duty vehicles. 

5 (c) LOW-CARBON REQUIREMENT.—In carrying out 

6 subsection (a), the Administrator of the Environmental 

7 Protection Agency shall ensure that the sources of octane 

8 value for the certification test fuel allowed under sub9 section (a) have average lifecycle greenhouse gas emis10 sions, as determined by the Secretary of Energy using the 

11 version of the Argonne National Laboratory Greenhouse 

12 gases, Regulated Emissions, and Energy use in Transpor13 tation (GREET) model in effect as of the date of enact14 ment of this Act, that are at least 30 percent less than 

15 the baseline lifecycle greenhouse gas emissions. 

16 (d) DEFINITIONS.—In this section: 

17 (1) BASELINE LIFECYCLE GREENHOUSE GAS

18 EMISSIONS.—The term ‘‘baseline lifecycle green19 house gas emissions’’ means the average lifecycle 

20 greenhouse gas emissions, as determined by the Ad21 ministrator of the Environmental Protection Agency 

22 in consultation with the Director of the Argonne Na23 tional Laboratory, for unblended gasoline sold or 

24 distributed as transportation fuel in 2018. 


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1 (2) LIFECYCLE GREENHOUSE GAS EMIS2 SIONS.—The term ‘‘lifecycle greenhouse gas emis3 sions’’ means the aggregate quantity of greenhouse 

4 gas emissions as determined by using the version of 

5 the Argonne National Laboratory Greenhouse gases, 

6 Regulated Emissions, and Energy use in Transpor7 tation (GREET) model as in effect on the date of 

8 enactment of this Act. 

9 (3) LIGHT-DUTY VEHICLE.—The term ‘‘light10 duty vehicle’’ has the meaning given to that term in 

11 section 216 of the Clean Air Act (42 U.S.C. 7550). 

12 (4) RESEARCH OCTANE NUMBER.—The term 

13 ‘‘research octane number’’ has the meaning given 

14 such term in section 201 of the Petroleum Mar15 keting Practices Act. 

16 SEC. 102. CLEAN OCTANE STANDARD. 

17 (a) REQUIREMENTS.—Section 211 of the Clean Air 

18 Act (42 U.S.C. 7545) is amended— 

19 (1) in subsection (d)(1), by striking ‘‘or (o)’’ 

20 and inserting ‘‘(o), or (w)’’; 

21 (2) in subsection (d)(2), by striking ‘‘or (o)’’ 

22 each place it appears and inserting ‘‘(o), or (w)’’; 

23 and 

24 (3) by inserting at the end the following: 

25 ‘‘(w) CLEAN OCTANE STANDARD.— 


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1 ‘‘(1) AROMATICS.— 

2 ‘‘(A) ANNUAL AVERAGE LIMITATION.—Ef3 fective January 1, 2023, no refiner or importer 

4 shall sell motor vehicle gasoline that contains, 

5 on an average annual basis, an aromatic hydro6 carbon content in excess of 17.5 percent. 

7 ‘‘(B) CAP.—Effective January 1, 2023, no 

8 person shall sell motor vehicle gasoline that 

9 contains an aromatic hydrocarbon content in 

10 excess of 17.5 percent. 

11 ‘‘(C) REGULATIONS.— 

12 ‘‘(i) PROMULGATION.—The Adminis13 trator of the Environmental Protection 

14 Agency shall promulgate regulations to im15 plement this paragraph. Not later than 

16 January 1, 2023, the Administrator shall 

17 promulgate final regulations under the pre18 ceding sentence. 

19 ‘‘(ii) TRADEABLE CREDITS.—The reg20 ulations to implement this paragraph 

21 shall— 

22 ‘‘(I) allow for the generation of 

23 tradeable credits to meet the require24 ment of subparagraph (A); and 


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1 ‘‘(II) provide that any such cred2 its shall expire after not more than 5 

3 years. 

4 ‘‘(2) CLEAN OCTANE.— 

5 ‘‘(A) PROHIBITION.—Effective January 1, 

6 2023, no refiner or importer shall introduce any 

7 source of octane value into motor vehicle gaso8 line with a research octane number of 98 or 

9 higher unless such source of octane value has 

10 average lifecycle greenhouse gas emissions, as 

11 determined by the Secretary of Energy using 

12 the version of the Argonne National Laboratory 

13 Greenhouse gases, Regulated Emissions, and 

14 Energy use in Transportation (GREET) model 

15 in effect as of the date of enactment of the 

16 Next Generation Fuels Act of 2020, that are at 

17 least 30 percent less than the baseline lifecycle 

18 greenhouse gas emissions. 

19 ‘‘(B) REGULATIONS.— 

20 ‘‘(i) PROMULGATION.—The Adminis21 trator of the Environmental Protection 

22 Agency shall promulgate regulations to im23 plement this paragraph. Not later than 

24 January 1, 2023, the Administrator shall 


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1 promulgate final regulations under the pre2 ceding sentence. 

3 ‘‘(ii) CONTENTS.—The regulations to 

4 implement this paragraph shall— 

5 ‘‘(I) determine the baseline 

6 lifecycle greenhouse gas emissions for 

7 purposes of this paragraph; 

8 ‘‘(II) determine the average 

9 lifecycle greenhouse gas emissions of 

10 sources of octane value for purposes 

11 of this paragraph; and 

12 ‘‘(III) ensure that the require13 ments of this paragraph are met. 

14 ‘‘(3) DEFINITIONS.—In this subsection, the 

15 terms ‘baseline lifecycle greenhouse gas emissions’, 

16 ‘lifecycle greenhouse gas emissions’, and ‘research 

17 octane number’ have the meanings given to those 

18 terms in section 101 of the Next Generation Fuels 

19 Act of 2020.’’. 

20 (b) REFORMULATED GASOLINE.—Clause (ii) of sec21 tion 211(k)(3)(A) of the Clean Air Act is (42 U.S.C. 

22 7545(k)(3)(A)) is amended to read as follows: 

23 ‘‘(ii) AROMATICS.—The aromatic hy24 drocarbon content of the reformulated gas25 oline— 


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1 ‘‘(I) shall not exceed 25 percent 

2 by volume; and 

3 ‘‘(II) beginning January 1, 2023, 

4 shall not exceed 17.5 percent by vol5 ume.’’. 

6 TITLE II—REGULATORY 

7 HARMONIZATION 

8 SEC. 201. REID VAPOR PRESSURE. 

9 (a) REID VAPOR PRESSURE LIMITATION.—Section 

10 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 

11 amended— 

12 (1) in paragraph (4)— 

13 (A) in the matter preceding subparagraph 

14 (A), by inserting ‘‘or more’’ after ‘‘10 percent’’; 

15 and 

16 (B) in subparagraph (C), by striking ‘‘ad17 ditional alcohol or’’; and 

18 (2) in paragraph (5)(A), by inserting ‘‘or more’’ 

19 after ‘‘10 percent’’. 

20 (b) EXISTING WAIVERS.—Section 211(f)(4) of the 

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

22 (1) by striking ‘‘The Administrator, upon’’ and 

23 inserting ‘‘(A) The Administrator, upon’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(B) A fuel or fuel additive with respect to which a 

2 waiver has been granted in accordance with subparagraph 

3 (A) prior to January 1, 2019, and that meets all of the 

4 conditions of that waiver, other than the waiver’s limits 

5 for Reid vapor pressure, may be introduced into commerce 

6 if the fuel or fuel additive meets all other applicable Reid 

7 vapor pressure requirements.’’. 

8 SEC. 202. FUEL ECONOMY ADJUSTMENT. 

9 For purposes of fuel economy testing and calculation 

10 procedures under section 32904(c) of title 49, United 

11 States Code, the fuel economy of motor vehicles using a 

12 certification test fuel allowed under section 101 of this Act 

13 shall be determined on an energy-equivalent basis, cal14 culated by multiplying fuel economy (as measured under 

15 such section 32904(c) without regard to this section) by 

16 the ratio of— 

17 (1) 114,086 British thermal units per gallon; 

18 divided by 

19 (2) the volumetric energy density of such test 

20 fuel. 

21 SEC. 203. E30. 

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

23 7545(f)(4)), as amended by section 201(b) of this Act, is 

24 further amended by adding at the end the following: 


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1 ‘‘(C) Beginning January 1, 2022, a fuel with a con2 centration of ethanol that is more than 15 percent and 

3 not more than 30 percent, shall be deemed to have re4 ceived a waiver in accordance with subparagraph (A).’’. 

5 SEC. 204. REPLACEMENT OF MOTOR VEHICLE EMISSIONS 

6 SIMULATOR (MOVES) MODEL. 

7 Section 211(q)(2) of the Clean Air Act (42 U.S.C. 

8 7545) is amended— 

9 (1) by striking ‘‘For purposes of this section’’ 

10 and inserting the following: 

11 ‘‘(A) INITIAL MODEL.—For purposes of 

12 this section’’; and 

13 (2) by adding at the end of the following: 

14 ‘‘(B) NEW MODEL.—Not later than 24 

15 months after the date of enactment of the Next 

16 Generation Fuels Act of 2020, the Adminis17 trator shall develop and finalize an emissions 

18 model based on appropriate test fuels and 

19 methods to replace the emissions model under 

20 subparagraph (A). 

21 ‘‘(C) DEFINITION.—For purposes of sub22 paragraph (B), the term ‘appropriate test fuels 

23 and methods’ means test fuels and methods 

24 that rely on commercially available fuel and acVerDate Sep 11 2014 04:31 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8371.IH H8371

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1 curately reflect the profile of higher ethanol 

2 blends.’’. 

3 TITLE III—INFRASTRUCTURE 

4 SEC. 301. HIGH-EFFICIENCY VEHICLES. 

5 (a) IN GENERAL.—Part A of title II of the Clean Air 

6 Act (42 U.S.C. 7521 et seq.) is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 220. OCTANE SPECIFICATION. 

9 ‘‘(a) APPLICABILITY.—This section applies with re10 spect to any motor vehicle (other than a motorcycle) that 

11 is introduced into commerce that— 

12 ‘‘(1) is a light-duty vehicle or light-duty truck; 

13 ‘‘(2) is a model year 2024 or later motor vehi14 cle; and 

15 ‘‘(3) uses gasoline for propulsion or any other 

16 operation of the motor vehicle, including the engine 

17 thereof. 

18 ‘‘(b) WARRANTY REQUIREMENTS.—The manufac19 turer of a motor vehicle described in subsection (a) shall 

20 warrant to the ultimate purchaser and each subsequent 

21 purchaser that each such motor vehicle is designed— 

22 ‘‘(1) to operate with gasoline containing up to 

23 and including 30 percent ethanol; and 

24 ‘‘(2) to meet the design requirements under 

25 subsection (c). 


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1 ‘‘(c) DESIGN REQUIREMENTS.—The manufacturer of 

2 a motor vehicle described in subsection (a) shall design 

3 each such motor vehicle— 

4 ‘‘(1) to operate using gasoline that has a re5 search octane number (as defined in section 101 of 

6 the Next Generation Fuels Act of 2020) of 98 or 

7 higher; and 

8 ‘‘(2) to improve fuel economy connected to the 

9 use of gasoline that has a research octane number 

10 (as defined in section 101 of the Next Generation 

11 Fuels Act of 2020) of 98 or higher. 

12 ‘‘(d) ENFORCEMENT.— 

13 ‘‘(1) VIOLATIONS.—Any manufacturer who vio14 lates subsection (b) or (c) shall be subject to a civil 

15 penalty of not more than $25,000. Any such viola16 tion shall constitute a separate offense with respect 

17 to each motor vehicle. 

18 ‘‘(2) CIVIL ACTIONS; ADMINISTRATIVE ASSESS19 MENT OF CERTAIN PENALTIES.—The provisions of 

20 subsections (b) and (c) of section 205 shall apply 

21 with respect to a violation of subsection (b) or (c) 

22 of this section to the same extent and in the same 

23 manner as such provisions apply with respect to a 

24 violation of section 203(a)(3). 


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1 ‘‘(e) CONSULTATION.—In promulgating regulations 

2 to carry out this section, the Administrator shall consult 

3 with persons to be regulated under this section.’’. 

4 (b) REGULATIONS.—The Administrator of the Envi5 ronmental Protection Agency shall— 

6 (1) not later than 24 months after the date of 

7 enactment of this Act, propose regulations to carry 

8 out the amendments made by this section; and 

9 (2) not later than 30 months after such date of 

10 enactment, finalize regulations to carry out the 

11 amendments made by this section. 

12 SEC. 302. PERFORMANCE STANDARDS FOR NEW E30 INFRA13 STRUCTURE. 

14 Section 9003 of the Solid Waste Disposal Act (42 

15 U.S.C. 6991b) is amended by adding at the end the fol16 lowing: 

17 ‘‘(k) E30 RETAIL DISPENSER SYSTEMS.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall, 

19 not later than 1 year prior to the effective date spec20 ified in paragraph (3), issue or revise, as necessary, 

21 performance standards for dispenser systems de22 scribed in paragraph (2) to require that such dis23 penser systems be compatible with automotive fuel 

24 with a concentration of up to and including 30 per25 cent ethanol by volume. 


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1 ‘‘(2) DISPENSER SYSTEMS.—This subsection 

2 applies with respect to dispenser systems that are— 

3 ‘‘(A) on or after the effective date specified 

4 in paragraph (3), brought into use to dispense 

5 at retail automotive fuel from an underground 

6 storage tank; and 

7 ‘‘(B) subject to regulation under sections 

8 1910.106 and 1926.152 of title 29, Code of 

9 Federal Regulations (as in effect on the date of 

10 enactment of this subsection). 

11 ‘‘(3) EFFECTIVE DATE.—Standards issued or 

12 revised pursuant to paragraph (1) shall take effect 

13 on January 1, 2024. 

14 ‘‘(4) DEFINITIONS.—In this subsection: 

15 ‘‘(A) AUTOMOTIVE FUEL.—The term 

16 ‘automotive fuel’ has the meaning given such 

17 term in section 201(6) of the Petroleum Mar18 keting Practices Act (15 U.S.C. 2821(6)). 

19 ‘‘(B) COMPATIBLE.—The term ‘compat20 ible’ means, to the extent feasible, certified by 

21 a nationally recognized testing laboratory recog22 nized by the Occupational Safety and Health 

23 Administration in accordance with section 

24 1910.7 of title 29, Code of Federal Regulations 

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1 tem performance throughout the operational life 

2 of the dispenser system. 

3 ‘‘(C) DISPENSER SYSTEM.—The term ‘dis4 penser system’ has the meaning given such 

5 term in section 280.12 of title 40, Code of Fed6 eral Regulations (as in effect on the date of en7 actment of this subsection).’’. 

8 SEC. 303. CAFE AND GHG CREDIT GENERATION. 

9 (a) IN GENERAL.—Subsection (a) of section 32906 

10 of title 49, United States Code, is amended— 

11 (1) by striking ‘‘1993 through 2019’’ and in12 serting ‘‘1993 through 2035’’; and 

13 (2) by striking ‘‘the maximum increase in aver14 age fuel economy for a manufacturer attributable to 

15 dual fueled automobiles is’’ and all that follows 

16 through the end of the subsection and inserting ‘‘the 

17 maximum increase in average fuel economy for a 

18 manufacturer attributable to dual fueled automobiles 

19 is 1.2 miles per gallon.’’. 

20 (b) CONFORMING AMENDMENTS.—Section 32905 of 

21 title 49, United States Code, is amended— 

22 (1) in subsection (b), by striking ‘‘2019,’’ and 

23 inserting ‘‘2035,’’; and 


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1 (2) in subsection (d), by striking ‘‘2019,’’ and 

2 inserting ‘‘2035,’’. 

Æ 


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