I 

116TH CONGRESS 

1ST SESSION H. R. 2540 

To alleviate the ethanol blend wall under the renewable fuel program, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2019 

Mr. FLORES (for himself, Mr. WELCH, Mr. WOMACK, and Mr. COSTA) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To alleviate the ethanol blend wall under 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 ‘‘Food and Fuel Con5 sumer Protection Act of 2019’’. 

6 SEC. 2. ALLEVIATING ETHANOL BLEND WALL. 

7 Section 211(o)(3)(B) of the Clean Air Act (42 U.S.C. 

8 7545(o)(3)(B)) is amended by inserting at the end the fol9 lowing: 

10 ‘‘(iii) LIMITATION.— 


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1 ‘‘(I) IN GENERAL.—Notwith2 standing the volumes specified in 

3 paragraph (2)(B), the Administrator 

4 shall not determine any renewable fuel 

5 obligation for a calendar year under 

6 this subsection that would result, di7 rectly or indirectly, in the introduction 

8 into commerce in the United States of 

9 a total volume of ethanol contained in 

10 transportation fuel that is greater 

11 than 9.70 percent of the total volume 

12 of gasoline projected to be sold or in13 troduced into commerce in the United 

14 States for such calendar year. 

15 ‘‘(II) ESTIMATE.—In imple16 menting subclause (I), the Adminis17 trator shall request from the Adminis18 trator of the Energy Information Ad19 ministration, and use without alter20 ation, an estimate, with respect to the 

21 following calendar year, of the total 

22 volume of gasoline projected to be sold 

23 or introduced into commerce in the 

24 United States. The Administrator of 

25 the Energy Information AdministraVerDate Sep 11 2014 01:39 May 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2540.IH H2540

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1 tion shall provide such estimate to the 

2 Administrator by October 31st each 

3 year. 

4 ‘‘(III) APPLICABILITY.—The lim5 itation established in subclause (I) 

6 shall apply without regard to the 

7 available supply of credits generated 

8 in a prior year pursuant to paragraph 

9 (5). 

10 ‘‘(IV) PRESUMPTION.—In imple11 menting subclause (I) for a calendar 

12 year, the Administrator shall not ex13 clude commercially available ethanol 

14 that is cellulosic biofuel or advanced 

15 biofuel.’’. 

16 SEC. 3. FAILURE TO MEET DEADLINES. 

17 Section 211(o)(3)(B) of the Clean Air Act (42 U.S.C. 

18 7545(o)(3)(B)), as amended by section 2, is further 

19 amended by adding at the end the following: 

20 ‘‘(iv) FAILURE TO MEET DEAD21 LINES.—If the Administrator fails to de22 termine and publish the renewable fuel ob23 ligation with respect to the following cal24 endar year in accordance with clauses (i), 


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1 (ii), and (iii), then the renewable fuel obli2 gation for such year shall be— 

3 ‘‘(I) the renewable fuel obligation 

4 established for the most recent year 

5 for which such obligation was deter6 mined and published in the Federal 

7 Register in accordance with clause 

8 (iii); or 

9 ‘‘(II) if no such obligation has 

10 been determined and published in ac11 cordance with clause (iii), the renew12 able fuel obligation established for the 

13 most recent year which otherwise 

14 meets the 9.70 percent limitation in 

15 clause (iii).’’. 

Æ 


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