II 

112TH CONGRESS 

2D SESSION S. 3428 

To amend the Clean Air Act to partially waive the renewable fuel standard 

when corn inventories are low. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2012 

Mr. CARDIN 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 to partially waive the renewable 

fuel standard when corn inventories are low. 

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 ‘‘Renewable Fuel Stand5 ard Flexibility Act’’. 

6 SEC. 2. PARTIAL WAIVER OF RENEWABLE FUEL STANDARD. 

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

8 7545(o)(7)) is amended by adding at the end the fol9 lowing: 


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•S 3428 IS

1 ‘‘(G) CONSIDERATION OF CORN INVEN2 TORIES.— 

3 ‘‘(i) DETERMINATIONS REGARDING

4 CORN STOCKS-TO-USE RATIO.—Not later 

5 than November 30 of each year, the Ad6 ministrator shall determine and publish the 

7 estimated United States corn stocks-to-use 

8 ratio for the applicable crop year— 

9 ‘‘(I) in consultation with the Sec10 retary of Agriculture; and 

11 ‘‘(II) based on the most recent 

12 publication of the World Agricultural 

13 Supply and Demand Estimate or 

14 other similar authoritative estimate 

15 issued or used by the Secretary of Ag16 riculture. 

17 ‘‘(ii) WAIVER.—Based on the most re18 cent determination of the Administrator 

19 under clause (i), the Administrator shall 

20 waive the requirements of paragraph (2) 

21 by reducing the national quantity of renew22 able fuel otherwise required for a period as 

23 follows: 


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•S 3428 IS

‘‘United States Corn 

Stocks-to-Use Ratio for the 

Applicable Crop Year (percent) 

Reduction in national quantity of 

renewable fuel required 

Above 10.0 ............................................ No adjustment 

10.0–7.5 ............................................... 10 percent reduction 

7.49–6.0 ............................................... 15 percent reduction 

5.99–5.0 ............................................... 25 percent reduction 

Below 5.0 ............................................. 50 percent reduction. 

1 ‘‘(iii) DURATION.—A waiver under 

2 clause (ii) that is based on a determination 

3 under clause (i) that is made not later 

4 than November 30 of a calendar year 

5 shall— 

6 ‘‘(I) take effect on the date that 

7 is 30 days after the date on which the 

8 determination is published; and 

9 ‘‘(II) remain in effect for the fol10 lowing calendar year. 

11 ‘‘(iv) ADJUSTMENT OF RENEWABLE

12 FUEL OBLIGATION.—On granting a waiver 

13 under clause (ii) that reduces the national 

14 quantity of renewable fuel required for a 

15 period to which paragraph (3) applies, the 

16 Administrator shall adjust the renewable 

17 fuel obligation determined under para18 graph (3) in proportion to the reduction. 

19 ‘‘(v) NO EFFECT ON REQUIRED VOL20 UME OF ADVANCED BIOFUEL.— 


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•S 3428 IS

1 ‘‘(I) IN GENERAL.—A waiver 

2 granted under this subparagraph that 

3 reduces the national quantity of re4 newable fuel required for a period 

5 shall not affect the volume of ad6 vanced biofuel required under para7 graph (2). 

8 ‘‘(II) APPLICABILITY.—The Ad9 ministrator shall not allow any volume 

10 of conventional biofuel to be used to 

11 satisfy the requirement for advanced 

12 biofuel under paragraph (2). 

13 ‘‘(vi) PUBLICATION.—The Adminis14 trator shall publish each waiver under 

15 clause (ii) in the Federal Register, includ16 ing an explanation of the basis for the 

17 waiver.’’. 

Æ 


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