I 

116TH CONGRESS 

1ST SESSION H. R. 4690 

To amend title II of the Clean Air Act and title II of the Petroleum 

Marketing Practices Act with respect to high-octane fuels, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 16, 2019 

Mr. FLORES (for himself and Mr. SHIMKUS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title II of the Clean Air Act and title II of 

the Petroleum Marketing Practices Act with respect to 

high-octane fuels, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘21st Century Transportation Fuels Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—HIGH-OCTANE FUEL 

Sec. 101. High efficiency vehicles. 


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Sec. 102. Octane disclosure. 

Sec. 103. 98 RON certification test fuel. 

Sec. 104. Octane sensitivity study. 

Sec. 105. Advertisement of price of 95 RON automotive fuel. 

TITLE II—RENEWABLE FUELS 

Subtitle A—Renewable Fuel Program 

Sec. 201. Updates and revisions to regulations. 

Sec. 202. Waivers. 

Sec. 203. Applicability. 

Sec. 204. State ethanol laws. 

Subtitle B—Ethanol Waivers 

Sec. 211. Reid vapor pressure. 

Sec. 212. E20. 

Subtitle C—Fueling Infrastructure 

Sec. 221. Performance standards for new E20 infrastructure. 

TITLE III—VEHICLE FUEL EFFICIENCY 

Sec. 301. Credits for exceeding average fuel economy standards. 

Sec. 302. Calculation of average fuel economy. 

Sec. 303. Rule of construction. 

1 TITLE I—HIGH-OCTANE FUEL 

2 SEC. 101. HIGH EFFICIENCY VEHICLES. 

3 (a) REQUIREMENTS.—Part A of title II of the Clean 

4 Air Act (42 U.S.C. 7521 et seq.) is amended by adding 

5 at the end the following new section: 

6 ‘‘SEC. 220. OCTANE SPECIFICATION. 

7 ‘‘(a) APPLICABILITY.—This section applies with re8 spect to any motor vehicle (other than a motorcycle) that 

9 is introduced into commerce that— 

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

11 ‘‘(2) is a model year 2023 or later motor vehi12 cle; and 


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

2 operation of the motor vehicle, including the engine 

3 thereof. 

4 ‘‘(b) WARRANTY REQUIREMENTS.—The manufac5 turer of a motor vehicle described in subsection (a) shall 

6 warrant to the ultimate purchaser and each subsequent 

7 purchaser that each such motor vehicle is designed— 

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

9 and including 20 percent ethanol; and 

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

11 subsection (c). 

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

13 a motor vehicle described in subsection (a) shall— 

14 ‘‘(1) design each such motor vehicle— 

15 ‘‘(A) to operate using gasoline that has a 

16 research octane number of 95 or higher; and 

17 ‘‘(B) to improve fuel economy connected to 

18 the use of gasoline that has a research octane 

19 number of 95 or higher; and 

20 ‘‘(2) incorporate into each such motor vehicle 

21 devices or elements of design (including physical or 

22 other barriers, devices, or technological systems) as 

23 are determined by the Administrator to be— 


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1 ‘‘(A) necessary to prevent the introduction 

2 of gasoline with a research octane number that 

3 is lower than 95 into such motor vehicle; and 

4 ‘‘(B) technically and economically feasible. 

5 ‘‘(d) INFRASTRUCTURE REQUIREMENTS.—Any gaso6 line retailer selling gasoline for dispensing into motor vehi7 cles described in subsection (a) shall incorporate into the 

8 retailer’s dispensing equipment such devices or elements 

9 of design as are determined by the Administrator to be— 

10 ‘‘(1) necessary for compatibility with the motor 

11 vehicle design requirements under subsection (c)(2); 

12 and 

13 ‘‘(2) technically and economically feasible. 

14 ‘‘(e) MISFUELING.— 

15 ‘‘(1) PROHIBITIONS AGAINST TAMPERING AND

16 DEFEAT DEVICES FOR MOTOR VEHICLES.—In lieu of 

17 applying section 203(a)(3) with respect to this sec18 tion, the following shall apply: 

19 ‘‘(A) No person shall— 

20 ‘‘(i) remove or render inoperative any 

21 device or element of design installed on or 

22 in a motor vehicle pursuant to subsection 

23 (c)(2) prior to its sale and delivery to the 

24 ultimate purchaser; or 


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1 ‘‘(ii) knowingly remove or render inop2 erative any such device or element of de3 sign after such sale and delivery to the ul4 timate purchaser. 

5 ‘‘(B) No person shall manufacture or sell, 

6 or offer to sell, or install, any part or compo7 nent intended for use with, or as part of, any 

8 motor vehicle, where— 

9 ‘‘(i) a principal effect of the part or 

10 component is to bypass, defeat, or render 

11 inoperative any device or element of design 

12 installed on or in a motor vehicle pursuant 

13 to subsection (c)(2); and 

14 ‘‘(ii) the person knows or should know 

15 that such part or component is being of16 fered for sale or installed for such use or 

17 put to such use. 

18 ‘‘(2) PROHIBITIONS AGAINST TAMPERING AND

19 DEFEAT DEVICES FOR DISPENSING EQUIPMENT.— 

20 ‘‘(A) No person shall knowingly remove or 

21 render inoperative any device or element of de22 sign incorporated into dispensing equipment 

23 pursuant to subsection (d). 

24 ‘‘(B) No person shall manufacture or sell, 

25 or offer to sell, or incorporate into, any part or 


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1 component intended for use with, or as part of, 

2 any dispensing equipment, where— 

3 ‘‘(i) a principal effect of the part or 

4 component is to bypass, defeat, or render 

5 inoperative any device or element of design 

6 incorporated into dispensing equipment 

7 pursuant to subsection (d); and 

8 ‘‘(ii) the person knows or should know 

9 that such part or component is being of10 fered for sale or incorporated for such use 

11 or put to such use. 

12 ‘‘(3) LIMITATION ON LIABILITY.—A manufac13 turer of a motor vehicle, or a gasoline retailer, that 

14 is in compliance with the requirements of this sec15 tion and the requirements of the Petroleum Mar16 keting Practices Act, shall not be liable under any 

17 provision of this Act or any other Federal, State, or 

18 local law, including common law, for damages— 

19 ‘‘(A) to or caused by a motor vehicle de20 scribed in subsection (a); and 

21 ‘‘(B) that would not have occurred but for 

22 the introduction of gasoline with a research oc23 tane number that is lower than 95 into such 

24 motor vehicle. 

25 ‘‘(f) PREEMPTION.— 


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1 ‘‘(1) IN GENERAL.—No State or any political 

2 subdivision thereof may adopt or continue in effect 

3 any provision of law or regulation with respect to the 

4 design of motor vehicles to operate using gasoline 

5 with a certain octane content, or the corresponding 

6 design of equipment for dispensing such gasoline 

7 into such motor vehicles, unless such provision of 

8 such law or regulation is the same as the cor9 responding provision in this section. 

10 ‘‘(2) INVESTIGATIVE OR ENFORCEMENT AC11 TIONS.—A State or political subdivision thereof may 

12 provide for any investigative or enforcement action, 

13 remedy, or penalty (including procedural actions 

14 necessary to carry out such investigative or enforce15 ment actions, remedies, or penalties) with respect to 

16 any provision of law or regulation permitted by 

17 paragraph (1). 

18 ‘‘(g) ENFORCEMENT.— 

19 ‘‘(1) VIOLATIONS.— 

20 ‘‘(A) MANUFACTURER.—Any manufacturer 

21 who violates subsection (b) or (c) shall be sub22 ject to a civil penalty of not more than $25,000. 

23 Any such violation shall constitute a separate 

24 offense with respect to each motor vehicle. 


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1 ‘‘(B) GASOLINE RETAILER.—Any gasoline 

2 retailer who violates subsection (d) shall be sub3 ject to a civil penalty of not more than $2,500. 

4 Any such violation shall constitute a separate 

5 offense with respect to each dispensing equip6 ment. 

7 ‘‘(C) MISFUELING.— 

8 ‘‘(i) IN GENERAL.—Any person who 

9 violates subsection (e) shall be subject to a 

10 civil penalty of not more than $2,500. 

11 ‘‘(ii) SEPARATE OFFENSES.—Any 

12 such violation shall constitute a separate 

13 offense with respect to— 

14 ‘‘(I) each motor vehicle, for pur15 poses of paragraph (1)(A) of such 

16 subsection; 

17 ‘‘(II) each dispensing equipment, 

18 for purposes of paragraph (2)(A) of 

19 such subsection; and 

20 ‘‘(III) each part or component, 

21 for purposes of paragraph (1)(B) or 

22 (2)(B) of such subsection. 

23 ‘‘(2) CIVIL ACTIONS; ADMINISTRATIVE ASSESS24 MENT OF CERTAIN PENALTIES.—The provisions of 

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


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1 with respect to a violation of subsection (b), (c), (d), 

2 or (e) of this section to the same extent and in the 

3 same manner as such provisions apply with respect 

4 to a violation of section 203(a)(3). 

5 ‘‘(h) CONSULTATION.— 

6 ‘‘(1) IN GENERAL.—In promulgating regula7 tions to carry out this section, the Administrator 

8 shall consult with persons to be regulated under this 

9 section. 

10 ‘‘(2) CERTAIN DESIGN REQUIREMENTS.—In 

11 promulgating regulations to carry out subsection 

12 (c)(2), the Administrator shall consult with the Sec13 retary of Transportation in addition to the persons 

14 described in paragraph (1). 

15 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to relieve a person regulated under 

17 this section of any obligation to comply with requirements 

18 imposed by provisions of Federal law other than this sec19 tion, except to the extent that such requirements are in 

20 conflict with this section.’’. 

21 (b) DEFINITIONS.—Section 216 of the Clean Air Act 

22 (42 U.S.C. 7550) is amended— 

23 (1) in paragraph (1), by striking ‘‘and 208’’ 

24 and inserting ‘‘208, and 220’’; and 

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


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1 ‘‘(12) RESEARCH OCTANE NUMBER.—The term 

2 ‘research octane number’ has the meaning given 

3 such term in section 201 of the Petroleum Mar4 keting Practices Act.’’. 

5 (c) REGULATIONS.— 

6 (1) PROMULGATION.—The Administrator of the 

7 Environmental Protection Agency shall— 

8 (A) not later than 18 months after the 

9 date of enactment of this Act, propose regula10 tions to carry out the amendments made by this 

11 section; and 

12 (B) not later than 36 months after such 

13 date of enactment, finalize regulations to carry 

14 out the amendments made by this section. 

15 (2) FAILURE TO PROMULGATE.—Beginning on 

16 the deadline in paragraph (1)(B) for finalizing regu17 lations pursuant to such paragraph, until the Ad18 ministrator finalizes such regulations, the Adminis19 trator is deemed— 

20 (A) to have determined under section 

21 220(c)(2) of the Clean Air Act, as added by 

22 subsection (a) of this section, that each manu23 facturer of a motor vehicle subject to such sec24 tion 220(c)(2) shall incorporate a restrictor as25 sembly into the vehicle’s fuel filler tube so as to 


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1 accept only a filling nozzle described in sub2 paragraph (B); and 

3 (B) to have determined under section 

4 220(d) of such Act that the diameter of each 

5 filling nozzle used by a gasoline retailer for dis6 pensing gasoline with a research octane number 

7 of 95 or higher into a motor vehicle subject to 

8 such section 220(c) shall not exceed 0.77 

9 inches. 

10 SEC. 102. OCTANE DISCLOSURE. 

11 (a) HIGH EFFICIENCY FUELS.—Title II of the Petro12 leum Marketing Practices Act (15 U.S.C. 2821 et seq.) 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 206. HIGH EFFICIENCY FUEL AND VEHICLE MAR15 KETING REQUIREMENTS. 

16 ‘‘(a) RULE.—The Federal Trade Commission shall, 

17 by rule, and in consultation with persons to be regulated 

18 under this section, consumer advocates, and other stake19 holders, as appropriate— 

20 ‘‘(1) prescribe or revise requirements under this 

21 title relating to the certification, display, and rep22 resentation of the automotive fuel rating of an auto23 motive fuel as necessary to carry out— 

24 ‘‘(A) the requirement under subsection (b); 

25 and 


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1 ‘‘(B) any determination made under sub2 section (c); 

3 ‘‘(2) make the determination required under 

4 subsection (c); and 

5 ‘‘(3) prescribe requirements under subsection 

6 (d). 

7 ‘‘(b) REQUIREMENT.—The Federal Trade Commis8 sion shall require that, for purposes of this title, effective 

9 January 1, 2023, the automotive fuel rating of an auto10 motive fuel with a research octane number of 95 or higher 

11 be determined only by the research octane number of such 

12 automotive fuel. 

13 ‘‘(c) DETERMINATION.—The Federal Trade Commis14 sion shall determine whether, for purposes of this title, 

15 effective January 1, 2023, the automotive fuel rating of 

16 an automotive fuel with a research octane number that 

17 is lower than 95 should be determined only by the research 

18 octane number of such automotive fuel. 

19 ‘‘(d) LABELING.— 

20 ‘‘(1) IN GENERAL.—The Federal Trade Com21 mission shall prescribe requirements— 

22 ‘‘(A) as the Federal Trade Commission de23 termines necessary with respect to a display at 

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1 motive fuel and a display on a motor vehicle 

2 to— 

3 ‘‘(i) inform such ultimate purchaser of 

4 such automotive fuel and any purchaser or 

5 user of such motor vehicle, that a model 

6 year 2023 or later motor vehicle is only 

7 warrantied to use automotive fuel with a 

8 research octane number of 95 or higher; 

9 and 

10 ‘‘(ii) provide a warning to such ulti11 mate purchaser of such automotive fuel 

12 and any such purchaser or user of such 

13 motor vehicle, that the use of automotive 

14 fuel with a research octane number that is 

15 lower than 95 in a model year 2023 or 

16 later motor vehicle will result in reduced 

17 fuel economy, increased exhaust emissions, 

18 and possible engine damage; and 

19 ‘‘(B) that are applicable to— 

20 ‘‘(i) a manufacturer of a new motor 

21 vehicle (or an entity making a representa22 tion in connection with the sale of such 

23 motor vehicle) with respect to a display on 

24 such motor vehicle; and 


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1 ‘‘(ii) an automotive fuel retailer, with 

2 respect to a display at the point of sale to 

3 an ultimate purchaser of automotive fuel. 

4 ‘‘(2) CONSIDERATIONS.—In prescribing require5 ments under paragraph (1), the Federal Trade Com6 mission shall ensure that such requirements are de7 signed to be— 

8 ‘‘(A) understandable to— 

9 ‘‘(i) the ultimate purchaser of auto10 motive fuel; and 

11 ‘‘(ii) any purchaser or user of a model 

12 year 2023 or later motor vehicle; and 

13 ‘‘(B) cost-effective for automotive fuel re14 tailers. 

15 ‘‘(e) DEADLINES.—The Federal Trade Commission 

16 shall— 

17 ‘‘(1) not later than June 1, 2020, issue a pro18 posed rule under subsection (a); and 

19 ‘‘(2) not later than January 1, 2022, issue a 

20 final rule under subsection (a).’’. 

21 (b) ENFORCEMENT.—Section 203(e) of the Petro22 leum Marketing Practices Act (15 U.S.C. 2823(e)) is 

23 amended— 

24 (1) by striking ‘‘or a rule prescribed’’ and in25 serting ‘‘a rule prescribed’’; and 


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1 (2) by striking ‘‘of such section.’’ and inserting 

2 ‘‘of section 202, or a rule prescribed under section 

3 206.’’. 

4 (c) TABLE OF CONTENTS AMENDMENT.—The table 

5 of contents for the Petroleum Marketing Practices Act (15 

6 U.S.C. 2801 et seq.) is amended by inserting after the 

7 item relating to section 205 the following: 

‘‘Sec. 206. High efficiency fuel and vehicle marketing requirements.’’. 

8 SEC. 103. 98 RON CERTIFICATION TEST FUEL. 

9 Not later than January 1, 2025, the Administrator 

10 of the Environmental Protection Agency shall take such 

11 actions as are necessary to allow the use of a certification 

12 test fuel with a research octane number of 98 for purposes 

13 of— 

14 (1) testing and certification under section 

15 206(a) of the Clean Air Act (42 U.S.C. 7525(a)) of 

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

17 Clean Air Act (as added by section 101(a) of this 

18 Act); and 

19 (2) testing and calculation procedures under 

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

21 with respect to such motor vehicles. 

22 SEC. 104. OCTANE SENSITIVITY STUDY. 

23 (a) STUDY.— 


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1 (1) IN GENERAL.—The Administrator shall 

2 seek to enter into appropriate arrangements with the 

3 Academy to— 

4 (A) conduct a comprehensive study of the 

5 octane sensitivity of automotive fuel with a re6 search octane number of 95 or higher; and 

7 (B) submit reports described in subsection 

8 (b). 

9 (2) CONTENTS.—In conducting the study under 

10 paragraph (1), the Academy shall examine— 

11 (A) the octane sensitivity of automotive 

12 fuel introduced into commerce for use in light13 duty motor vehicles as of the date of enactment 

14 of this section; 

15 (B) the economic and technological feasi16 bility and impacts of adjusting the octane sensi17 tivity of automotive fuel with a research octane 

18 number of 95 or higher to increase automobile 

19 and fuel efficiency performance; 

20 (C) environmental and public health out21 comes from increasing the octane sensitivity of 

22 automotive fuel with a research octane number 

23 of 95 or higher; and 

24 (D) the acceptability of the commercial 

25 marketplace, including refiners, automotive fuel 


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1 retailers, manufacturers, and ultimate users, of 

2 increasing the octane sensitivity of automotive 

3 fuel with a research octane number of 95 or 

4 higher. 

5 (3) INFORMATION.—The Administrator shall 

6 provide the Academy, at its request, any information 

7 which the Academy determines necessary to conduct 

8 the study under paragraph (1). 

9 (b) REPORTS.— 

10 (1) INTERIM REPORTS.—Not later than July 1, 

11 2019, and every 6 months thereafter until a final re12 port is submitted under paragraph (2), the Academy 

13 shall submit to Congress and the Administrator a 

14 report on the progress of the study conducted under 

15 subsection (a). 

16 (2) FINAL REPORT.—Not later than December 

17 31, 2021, the Academy shall submit to Congress and 

18 the Administrator a final report on the study con19 ducted under subsection (a). 

20 (c) DEFINITIONS.—In this section: 

21 (1) ACADEMY.—The term ‘‘Academy’’ means 

22 the National Academy of Sciences, or if the National 

23 Academy of Sciences declines to enter into an ar24 rangement pursuant to subsection (a), another ap25 propriate entity. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (3) OCTANE SENSITIVITY.—The term ‘‘octane 

5 sensitivity’’ means, with respect to automotive fuel 

6 used in an automotive spark-ignition engine, the dif7 ference between the research octane number and the 

8 motor octane number for such automotive fuel. 

9 (4) RESEARCH OCTANE NUMBER AND MOTOR

10 OCTANE NUMBER.—The terms ‘‘research octane 

11 number’’ and ‘‘motor octane number’’ have the 

12 meaning given such terms in section 201 of the Pe13 troleum Marketing Practices Act (15 U.S.C. 2821). 

14 SEC. 105. ADVERTISEMENT OF PRICE OF 95 RON AUTO15 MOTIVE FUEL. 

16 (a) IN GENERAL.—It shall be unlawful for any per17 son to sell or offer for sale, at retail, automotive fuel with 

18 a research octane number of 95 unless such person dis19 plays, in a manner specified in the rules promulgated 

20 under subsection (b), the total price per gallon of such 

21 fuel on any sign on which such person displays the price 

22 of the most-sold grade of automotive fuel of such person. 

23 (b) RULEMAKING.— 

24 (1) IN GENERAL.—Not later than 6 months 

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1 eral Trade Commission shall promulgate, in accord2 ance with section 553 of title 5, United States Code, 

3 any rules necessary for the implementation and en4 forcement of this section. 

5 (2) CONTENTS.—Such rules— 

6 (A) shall define ‘‘retail’’ and ‘‘most-sold’’ 

7 for the purposes of this section; 

8 (B) shall specify the manner in which the 

9 price of automotive fuel with a research octane 

10 number of 95 must be displayed in order to 

11 comply with subsection (a); and 

12 (C) shall be consistent with the require13 ments for declaring unfair acts or practices in 

14 section 5(n) of the Federal Trade Commission 

15 Act (15 U.S.C. 45(n)). 

16 (c) ENFORCEMENT.—A violation of subsection (a) 

17 shall be treated as a violation of a rule defining an unfair 

18 or deceptive act or practice prescribed under section 

19 18(a)(1)(B) of the Federal Trade Commission Act (15 

20 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission 

21 shall enforce this section in the same manner, by the same 

22 means, and with the same jurisdiction, powers, and duties 

23 as though all applicable terms and provisions of the Fed24 eral Trade Commission Act (15 U.S.C. 41 et seq.) were 

25 incorporated into and made part of this section. 


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1 (d) SUNSET.—Effective January 1, 2029, this section 

2 is repealed. 

3 TITLE II—RENEWABLE FUELS 

4 Subtitle A—Renewable Fuel 

5 Program 

6 SEC. 201. UPDATES AND REVISIONS TO REGULATIONS. 

7 (a) REGULATIONS.— 

8 (1) ADDITION OF CONVENTIONAL BIOFUEL.— 

9 Clause (i) of section 211(o)(2)(A) of the Clean Air 

10 Act (42 U.S.C. 7545(o)(2)(A)) is amended to read 

11 as follows: 

12 ‘‘(i) IN GENERAL.—The Administrator 

13 shall by regulation require— 

14 ‘‘(I) transportation fuel sold or 

15 introduced into commerce in the 

16 United States (except in noncontig17 uous States or territories), on an an18 nual average basis, contains at least 

19 the applicable volume of renewable 

20 fuel, advanced biofuel, cellulosic 

21 biofuel, conventional biofuel, and bio22 mass-based diesel, determined in ac23 cordance with subparagraph (B); and 

24 ‘‘(II) renewable fuel produced 

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1 struction after December 19, 2007 

2 (the date of enactment of the Energy 

3 Independence and Security Act of 

4 2007), achieves at least a 20-percent 

5 reduction in lifecycle greenhouse gas 

6 emissions compared to baseline 

7 lifecycle greenhouse gas emissions.’’. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) Section 211(o)(2)(A) of the Clean Air 

10 Act (42 U.S.C. 7545(o)(2)(A)) is amended by 

11 striking clause (iv). 

12 (B) Subparagraph (A) of section 211(o)(4) 

13 of the Clean Air Act (42 U.S.C. 7545(o)(4)(A)) 

14 is amended by striking ‘‘the last sentence of’’. 

15 (C) Subparagraph (E) of section 211(o)(4) 

16 of the Clean Air Act (42 U.S.C. 7545(o)(4)(E)) 

17 is amended by striking ‘‘the last sentence of’’. 

18 (b) APPLICABLE VOLUME OF CONVENTIONAL

19 BIOFUEL.—Section 211(o)(2)(B)(i) of the Clean Air Act 

20 (42 U.S.C. 7545(o)(2)(B)(i)) is amended to by adding at 

21 the end the following: 

22 ‘‘(V) CONVENTIONAL BIOFUEL.— 

23 ‘‘(aa) IN GENERAL.—For 

24 the purpose of subparagraph (A), 

25 of the volume of renewable fuel 


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1 required under subclause (I), the 

2 applicable volume of conventional 

3 biofuel for the calendar years 

4 2020 through 2022 shall be de5 termined in accordance with the 

6 following table: 

Applicable volume 

of conventional 

biofuel 

‘‘Calendar year: (in billions of gallons): 

2020 ............................................................................ 15

2021 ............................................................................ 15

2022 ............................................................................ 15. 

7 ‘‘(bb) APPLICABILITY.—This 

8 subclause shall cease to apply on 

9 January 1, 2023.’’. 

10 (c) OTHER CALENDAR YEARS.— 

11 (1) IN GENERAL.—Section 211(o)(2)(B) of the 

12 Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amend13 ed by striking clauses (ii) through (v) and inserting 

14 the following: 

15 ‘‘(ii) SUBSEQUENT CALENDAR

16 YEARS.—For the purposes of subpara17 graph (A), the applicable volumes of ad18 vanced biofuel, cellulosic biofuel, and bio19 mass-based diesel for each of calendar 

20 years 2023 through 2032 shall be— 


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1 ‘‘(I) determined by the Adminis2 trator not later than March 1 of such 

3 calendar year; and 

4 ‘‘(II) subject to adjustment pur5 suant to the mid-year review under 

6 clause (iv)(II), equal to the actual vol7 ume of advanced biofuel, cellulosic 

8 biofuel, or biomass-based diesel, re9 spectively, produced during the pre10 ceding calendar year, as determined 

11 under clause (iv)(I). 

12 ‘‘(iii) SPECIAL RULE FOR SUBSE13 QUENT CALENDAR YEARS FOR BIOMASS14 BASED DIESEL.—The applicable volume of 

15 biomass-based diesel for each of calendar 

16 years 2020 through 2022 shall be deter17 mined in accordance with this subpara18 graph, as in effect on the day before the 

19 date of enactment of the 21st Century 

20 Transportation Fuels Act. 

21 ‘‘(iv) DETERMINATION OF ACTUAL

22 PRODUCTION.— 

23 ‘‘(I) IN GENERAL.—Not later 

24 than February 28 of a calendar year 

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1 trator shall, based on information 

2 from the Moderated Transaction Sys3 tem, determine— 

4 ‘‘(aa) the actual volume pro5 duced during the preceding cal6 endar year of advanced biofuel; 

7 and 

8 ‘‘(bb) of such actual volume, 

9 the actual volume of each of cel10 lulosic biofuel, biomass-based die11 sel, and other advanced biofuel. 

12 ‘‘(II) MID-YEAR REVIEW.—Not 

13 later than September 1 of each cal14 endar year described in clause (ii), the 

15 Administrator shall adjust the appli16 cable volume requirement under 

17 clause (ii) for the calendar year for 

18 advanced biofuel, cellulosic biofuel, or 

19 biomass-based diesel to reflect any in20 crease in production during that cal21 endar year, based on information from 

22 the Moderated Transaction System.’’. 

23 (2) CONFORMING DEFINITION.—Section 

24 211(o)(1) of the Clean Air Act (42 U.S.C. 

25 7545(o)(1)) is amended— 


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1 (A) by redesignating subparagraphs (I) 

2 through (L) as subparagraphs (J) through (M), 

3 respectively; and 

4 (B) by inserting, after subparagraph (H), 

5 the following: 

6 ‘‘(I) MODERATED TRANSACTION SYS7 TEM.—The term ‘Moderated Transaction Sys8 tem’ means— 

9 ‘‘(i) the EPA Moderated Transaction 

10 System as defined in section 80.1401 of 

11 title 40, Code of Federal Regulations (or 

12 successor regulations); or 

13 ‘‘(ii) any successor system.’’. 

14 (d) DEFINITION OF RENEWABLE BIOMASS.—Sub15 paragraph (J) of section 211(o)(1) of the Clean Air Act 

16 (42 U.S.C. 7545(o)(1)), as redesignated by subsection 

17 (c)(2) of this section, is amended— 

18 (1) in clause (i), by striking ‘‘at any time prior 

19 to the enactment of this sentence’’; 

20 (2) by amending clause (ii) to read as follows: 

21 ‘‘(ii) Trees and tree residue from 

22 land, including land belonging to an Indian 

23 tribe or an Indian individual that is held in 

24 trust by the United States or subject to a 


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1 restriction against alienation imposed by 

2 the United States.’’; and 

3 (3) in clause (iv), by striking ‘‘non-federal’’. 

4 SEC. 202. WAIVERS. 

5 Subject to section 203(c) of this Act, section 

6 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is 

7 amended— 

8 (1) in subparagraph (A), by striking ‘‘the na9 tional quantity of renewable fuel’’ and inserting ‘‘the 

10 national quantity of advanced biofuel, cellulosic 

11 biofuel, or biomass-based diesel’’; and 

12 (2) by striking subparagraphs (D), (E), and 

13 (F). 

14 SEC. 203. APPLICABILITY. 

15 (a) APPLICABLE CALENDAR YEARS.—Except as pro16 vided in subsections (b) through (e), the amendments 

17 made by this subtitle apply with respect to calendar year 

18 2020 and subsequent calendar years. Section 211(o) of the 

19 Clean Air Act (42 U.S.C. 7545(o)), as in effect on the 

20 day before the date of enactment of this Act, shall con21 tinue to apply with respect to calendar years before cal22 endar year 2020. 

23 (b) REGULATIONS.—The Administrator of the Envi24 ronmental Protection Agency shall— 


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1 (1) not later than 180 days after the date of 

2 enactment of this Act, shall promulgate the regula3 tions required by paragraph (2)(A)(i) of section 

4 211(o) of the Clean Air Act (42 U.S.C. 7545(o)), as 

5 amended by section 201 of this Act, respecting the 

6 requirements under such section 211(o) applicable 

7 for calendar years 2020, 2021, and 2022; and 

8 (2) not later than January 1, 2021, shall pro9 mulgate the regulations required by such paragraph 

10 (2)(A)(i) respecting the requirements under such 

11 section 211(o) applicable for calendar year 2023 and 

12 subsequent calendar years. 

13 (c) WAIVER AUTHORITY.—The amendments made by 

14 section 202 of this Act to section 211(o)(7) of the Clean 

15 Air Act (42 U.S.C. 7545(o)(7)) shall take effect on Janu16 ary 1, 2023. 

17 (d) DEFINITION.—The amendment made by section 

18 201(d) of this Act to subparagraph (J) of section 

19 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), 

20 as redesignated by section 201(c)(2) of this Act, shall take 

21 effect on the date of enactment of this Act. 

22 (e) REPEALS.—Effective January 1, 2033, sub23 sections (o), (q), and (v) of section 211 of the Clean Air 

24 Act (42 U.S.C. 7545) are repealed. 


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1 SEC. 204. STATE ETHANOL LAWS. 

2 (a) IN GENERAL.—No State or political subdivision 

3 of a State may prohibit or require any particular blend, 

4 concentration, or percentage of ethanol in any automotive 

5 fuel. 

6 (b) EXCEPTION.—This section does not restrict the 

7 authority of a State or political subdivision of a State to 

8 continue to enforce any such prohibition or requirement 

9 in effect prior to the date of enactment of this Act. 

10 Subtitle B—Ethanol Waivers 

11 SEC. 211. REID VAPOR PRESSURE. 

12 (a) REID VAPOR PRESSURE LIMITATION.—Section 

13 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 

14 amended— 

15 (1) in paragraph (4)— 

16 (A) in the matter preceding subparagraph 

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

18 and 

19 (B) in subparagraph (C), by striking ‘‘ad20 ditional alcohol or’’; and 

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

22 after ‘‘10 percent’’. 

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

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

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

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


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

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

3 waiver has been granted in accordance with subparagraph 

4 (A) prior to January 1, 2017, and that meets all of the 

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

6 for Reid vapor pressure, may be introduced into commerce 

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

8 vapor pressure requirements.’’. 

9 SEC. 212. E20. 

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

11 7545(f)(4)), as amended by section 211(b) of this Act, is 

12 further amended by adding at the end the following: 

13 ‘‘(C) The Administrator shall grant a waiver in ac14 cordance with subparagraph (A) with respect to a fuel 

15 with a concentration of ethanol that is— 

16 ‘‘(i) not more than 20 percent; and 

17 ‘‘(ii) more than 15 percent.’’. 

18 Subtitle C—Fueling Infrastructure 

19 SEC. 221. PERFORMANCE STANDARDS FOR NEW E20 INFRA20 STRUCTURE. 

21 Section 9003 of the Solid Waste Disposal Act (42 

22 U.S.C. 6991b) is amended by adding at the end the fol23 lowing: 

24 ‘‘(k) E20 RETAIL DISPENSER SYSTEMS.— 


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

2 not later than 1 year prior to the effective date spec3 ified in paragraph (3), issue or revise, as necessary, 

4 performance standards for dispenser systems de5 scribed in paragraph (2) to require that such dis6 penser systems be compatible with automotive fuel 

7 with a concentration of up to and including 20 per8 cent ethanol by volume. 

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

10 applies with respect to dispenser systems that are— 

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

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

13 at retail automotive fuel from an underground 

14 storage tank; and 

15 ‘‘(B) subject to regulation under sections 

16 1910.106 and 1926.152 of title 29, Code of 

17 Federal Regulations (as in effect on the date of 

18 enactment of this subsection). 

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

20 revised pursuant to paragraph (1) shall take effect 

21 on the later of— 

22 ‘‘(A) January 1, 2023; and 

23 ‘‘(B) the date on which the Administrator 

24 first grants a waiver pursuant to section 

25 211(f)(4)(C) of the Clean Air Act. 


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

2 ‘‘(A) AUTOMOTIVE FUEL.—The term 

3 ‘automotive fuel’ has the meaning given such 

4 term in section 201(6) of the Petroleum Mar5 keting Practices Act (15 U.S.C. 2821(6)). 

6 ‘‘(B) COMPATIBLE; DISPENSER SYSTEM.— 

7 The terms ‘compatible’ and ‘dispenser system’ 

8 have the meaning given such terms in section 

9 280.12 of title 40, Code of Federal Regulations 

10 (as in effect on the date of enactment of this 

11 subsection).’’. 

12 TITLE III—VEHICLE FUEL 

13 EFFICIENCY 

14 SEC. 301. CREDITS FOR EXCEEDING AVERAGE FUEL ECON15 OMY STANDARDS. 

16 Section 32903 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by redesignating paragraphs (1) and 

20 (2) as subparagraphs (A) and (B), respectively, 

21 and moving their margins 2 ems to the right; 

22 (B) in the matter preceding subparagraph 

23 (A), as redesignated, by striking ‘‘When’’ and 

24 inserting the following: 

25 ‘‘(1) IN GENERAL.—When’’; 


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1 (C) in paragraph (1)(B), as redesignated, 

2 by striking ‘‘paragraph (1)’’ and inserting ‘‘sub3 paragraph (A),’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(2) MODEL YEARS 2016 THROUGH 2021.—Not6 withstanding paragraph (1)(B), beginning with 

7 model year 2016 and ending with model year 2021, 

8 a manufacturer may apply any credits earned after 

9 model year 2009 pursuant to paragraph (1), which 

10 have not been applied pursuant to paragraph (1)(A), 

11 to any model year beginning after the model year for 

12 which the credits are earned.’’; 

13 (2) in subsection (b)(2)(B), by striking ‘‘sub14 section (a)(1) of this section’’ and inserting ‘‘sub15 section (a)(1)(A)’’; and 

16 (3) in subsection (g)— 

17 (A) in paragraph (3)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘2011’’ and inserting ‘‘2010’’; 

20 (ii) in subparagraph (B), by striking 

21 ‘‘2017, 1.5 miles per gallon; and’’ and in22 serting ‘‘2016, 1.5 miles per gallon;’’; and 

23 (iii) by striking subparagraph (C) and 

24 inserting the following: 


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1 ‘‘(C) for model years 2017 and 2018, 2.0 

2 miles per gallon; 

3 ‘‘(D) for model years 2019 through 2021, 

4 4.0 miles per gallon; and 

5 ‘‘(E) for model year 2022 and subsequent 

6 model years, 6.0 miles per gallon.’’; and 

7 (B) in paragraph (5), by striking ‘‘2010’’ 

8 and inserting ‘‘2009’’. 

9 SEC. 302. CALCULATION OF AVERAGE FUEL ECONOMY. 

10 Section 32904(a) of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(3) For model years 2012 through 2025, if re13 quested by a manufacturer, the average fuel economy cal14 culated by the Administrator for the manufacturer’s pas15 senger and nonpassenger automobiles shall include off16 cycle technology fuel economy credits equivalent to the 

17 credits calculated by the Administrator for the off-cycle 

18 technology under the Administrator’s vehicle emissions 

19 standards for the same or closest model year, provided 

20 that the technology has a direct impact upon improving 

21 fuel economy performance.’’. 

22 SEC. 303. RULE OF CONSTRUCTION. 

23 Nothing in this title or the amendments made by this 

24 title may be construed to direct or grant new authority 

25 to the Secretary of Transportation to modify a maximum 


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1 feasible average fuel economy standard established under 

2 section 32902 of title 49, United States Code. The Sec3 retary’s authority to establish and amend a maximum fea4 sible average fuel economy standard as provided in such 

5 section is unaffected by this title and the amendments 

6 made by this title. 

Æ 


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