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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2540 Introduced in House (IH)]

<DOC>

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.

    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 ``Food and Fuel Consumer Protection 
Act of 2019''.

SEC. 2. ALLEVIATING ETHANOL BLEND WALL.

    Section 211(o)(3)(B) of the Clean Air Act (42 U.S.C. 7545(o)(3)(B)) 
is amended by inserting at the end the following:
                            ``(iii) Limitation.--
                                    ``(I) In general.--Notwithstanding 
                                the volumes specified in paragraph 
                                (2)(B), the Administrator shall not 
                                determine any renewable fuel obligation 
                                for a calendar year under this 
                                subsection that would result, directly 
                                or indirectly, in the introduction into 
                                commerce in the United States of a 
                                total volume of ethanol contained in 
                                transportation fuel that is greater 
                                than 9.70 percent of the total volume 
                                of gasoline projected to be sold or 
                                introduced into commerce in the United 
                                States for such calendar year.
                                    ``(II) Estimate.--In implementing 
                                subclause (I), the Administrator shall 
                                request from the Administrator of the 
                                Energy Information Administration, and 
                                use without alteration, an estimate, 
                                with respect to the following calendar 
                                year, of the total volume of gasoline 
                                projected to be sold or introduced into 
                                commerce in the United States. The 
                                Administrator of the Energy Information 
                                Administration shall provide such 
                                estimate to the Administrator by 
                                October 31st each year.
                                    ``(III) Applicability.--The 
                                limitation established in subclause (I) 
                                shall apply without regard to the 
                                available supply of credits generated 
                                in a prior year pursuant to paragraph 
                                (5).
                                    ``(IV) Presumption.--In 
                                implementing subclause (I) for a 
                                calendar year, the Administrator shall 
                                not exclude commercially available 
                                ethanol that is cellulosic biofuel or 
                                advanced biofuel.''.

SEC. 3. FAILURE TO MEET DEADLINES.

    Section 211(o)(3)(B) of the Clean Air Act (42 U.S.C. 
7545(o)(3)(B)), as amended by section 2, is further amended by adding 
at the end the following:
                            ``(iv) Failure to meet deadlines.--If the 
                        Administrator fails to determine and publish 
                        the renewable fuel obligation with respect to 
                        the following calendar year in accordance with 
                        clauses (i), (ii), and (iii), then the 
                        renewable fuel obligation for such year shall 
                        be--
                                    ``(I) the renewable fuel obligation 
                                established for the most recent year 
                                for which such obligation was 
                                determined and published in the Federal 
                                Register in accordance with clause 
                                (iii); or
                                    ``(II) if no such obligation has 
                                been determined and published in 
                                accordance with clause (iii), the 
                                renewable fuel obligation established 
                                for the most recent year which 
                                otherwise meets the 9.70 percent 
                                limitation in clause (iii).''.
                                 <all>
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