I 

113TH CONGRESS 

1ST SESSION H. R. 1462 

To amend the Clean Air Act to eliminate certain requirements under the 

renewable fuel program, to prohibit the Administrator of the Environmental Protection Agency from approving the introduction into commerce 

of gasoline that contains greater than 10-volume-percent ethanol, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2013 

Mr. GOODLATTE (for himself, Mr. WOMACK, Mr. COSTA, Mr. WELCH, Mr. 

CAMPBELL, Mr. CRAWFORD, Mr. CUELLAR, Mr. FARENTHOLD, Mr. 

GRAVES of Georgia, Mr. GRIFFIN of Arkansas, Mr. HARRIS, Mr. HURT, 

Mr. LAMALFA, Mr. LONG, Mr. MATHESON, Mr. MORAN, Mr. PITTS, Mr. 

AUSTIN SCOTT of Georgia, Mr. SENSENBRENNER, Mr. WESTMORELAND, 

Mr. VALADAO, and Mr. YOHO) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to eliminate certain requirements under the renewable fuel program, to prohibit 

the Administrator of the Environmental Protection Agency from approving the introduction into commerce of 

gasoline that contains greater than 10-volume-percent 

ethanol, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘RFS Reform Act of 

3 2013’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—RENEWABLE FUEL STANDARD AMENDMENTS 

Sec. 101. Amendments to the Clean Air Act. 

Sec. 102. Cellulosic biofuel requirement based on actual production. 

Sec. 103. Reduction in applicable volume of renewable fuel corresponding to 

certain reductions in applicable volume of biomass-based diesel. 

Sec. 104. Applicability and regulations. 

TITLE II—GASOLINE CONTAINING GREATER THAN 10-VOLUMEPERCENT ETHANOL 

Sec. 201. Prohibition of gasoline blends with greater than 10-volume-percent 

ethanol. 

Sec. 202. Prohibition of waivers. 

Sec. 203. Misfueling rule. 

6 TITLE I—RENEWABLE FUEL 

7 STANDARD AMENDMENTS 

8 SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT. 

9 (a) REVISED DEFINITION OF RENEWABLE FUEL.— 

10 (1) IN GENERAL.—Section 211(o)(1)(J) of the 

11 Clean Air Act (42 U.S.C. 7545(o)(1)(J)) is amended 

12 to read as follows: 

13 ‘‘(J) RENEWABLE FUEL.—The term ‘re14 newable fuel’ means fuel that— 

15 ‘‘(i) is produced from renewable bio16 mass; 


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1 ‘‘(ii) is used to replace or reduce the 

2 quantity of fossil fuel present in a trans3 portation fuel; and 

4 ‘‘(iii) beginning on January 1, 2014, 

5 is advanced biofuel.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 

8 7545(o)(1)(B)(i)) is amended by striking ‘‘renewable 

9 fuel’’ and inserting ‘‘fuel described in clauses (i) and 

10 (ii) of subparagraph (J)’’. 

11 (b) APPLICABLE VOLUMES.—Section 211(o)(2)(B)(i) 

12 of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is 

13 amended— 

14 (1) in the table in subclause (I)— 

15 (A) by striking ‘‘18.15’’ and inserting 

16 ‘‘3.75’’; 

17 (B) by striking ‘‘20.5’’ and inserting 

18 ‘‘5.5’’; 

19 (C) by striking ‘‘22.25’’ and inserting 

20 ‘‘7.25’’; 

21 (D) by striking ‘‘24.0’’ and inserting 

22 ‘‘9.0’’; 

23 (E) by striking ‘‘26.0’’ and inserting 

24 ‘‘11.0’’; 


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1 (F) by striking ‘‘28.0’’ and inserting 

2 ‘‘13.0’’; 

3 (G) by striking ‘‘30.0’’ and inserting 

4 ‘‘15.0’’; 

5 (H) by striking ‘‘33.0’’ and inserting 

6 ‘‘18.0’’; and 

7 (I) by striking ‘‘36.0’’ and inserting 

8 ‘‘21.0’’; 

9 (2) in subclause (II)— 

10 (A) in the matter preceding the table, by 

11 striking ‘‘2022’’ and inserting ‘‘2013’’; and 

12 (B) in the table, by striking the items re13 lating to calendars years 2014 through 2022; 

14 (3) in subclause (III), by striking ‘‘of the vol15 ume of advanced biofuel required under subclause 

16 (II)’’ and inserting ‘‘of the volume of advanced 

17 biofuel required for calendar years 2010 through 

18 2013 under subclause (II), as in effect on the day 

19 before the date of enactment of the Renewable Fuel 

20 Standard Amendments Act, and of the volume of re21 newable fuel required for calendar years 2014 

22 through 2022 under the subclause (I)’’; and 

23 (4) in subclause (IV), by inserting ‘‘, as in ef24 fect on the day before the date of enactment of the 

25 Renewable Fuel Standard Amendments Act’’ after 


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1 ‘‘of the volume of advanced biofuel required under 

2 subclause (II)’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) OTHER CALENDAR YEARS.—Section 

5 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 

6 7545(o)(2)(B)) is amended— 

7 (A) in clause (ii)(III), by striking ‘‘ad8 vanced biofuels in each category (cellulosic 

9 biofuel and biomass-based diesel)’’ and insert10 ing ‘‘cellulosic biofuel and biomass-based die11 sel’’; 

12 (B) by striking clause (iii); and 

13 (C) by redesignating clauses (iv) and (v) as 

14 clauses (iii) and (iv), respectively. 

15 (2) APPLICABLE PERCENT REDUCTION

16 LEVEL.—Section 211(o)(4) of the Clean Air Act (42 

17 U.S.C. 7545(o)(4)) is amended— 

18 (A) in subparagraph (E), by striking ‘‘20, 

19 50, or 60 percent reduction levels’’ and insert20 ing ‘‘applicable percent reduction level’’; and 

21 (B) in subparagraph (F), by inserting ‘‘(if 

22 applicable)’’ after ‘‘(2)(A)(i)’’. 

23 (3) WAIVERS.—Section 211(o)(7) of the Clean 

24 Air Act (42 U.S.C. 7545(o)(7)) is amended— 


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1 (A) in subparagraph (D)(i), by inserting ‘‘, 

2 if such year is before 2014,’’ before ‘‘advanced 

3 biofuels’’; and 

4 (B) in subparagraph (E)(ii), by inserting 

5 ‘‘, if such year is before 2014,’’ before ‘‘ad6 vanced biofuels’’. 

7 SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON 

8 ACTUAL PRODUCTION. 

9 (a) PROVISION OF ESTIMATE OF VOLUMES OF CEL10 LULOSIC BIOFUEL.—Section 211(o)(3)(A) of the Clean 

11 Air Act (42 U.S.C. 7545(o)(3)(A)) is amended— 

12 (1) by inserting ‘‘(i)’’ before ‘‘Not later than’’; 

13 and 

14 (2) by adding at the end the following new 

15 clause: 

16 ‘‘(ii)(I) In determining any estimate under 

17 clause (i), with respect to the following calendar 

18 year, of the projected volume of cellulosic 

19 biofuel production (as described in paragraph 

20 (7)(D)(i)), the Administrator of the Energy In21 formation Administration shall— 

22 ‘‘(aa) for each cellulosic biofuel 

23 production facility that is producing 

24 (and continues to produce) cellulosic 

25 biofuel during the period of January 1 


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1 through October 31 of the calendar 

2 year in which the estimate is made (in 

3 this clause referred to as the ‘current 

4 calendar year’)— 

5 ‘‘(AA) determine the average 

6 monthly volume of cellulosic 

7 biofuel produced by such facility, 

8 based on the actual volume pro9 duced by such facility during 

10 such period; and 

11 ‘‘(BB) based on such aver12 age monthly volume of produc13 tion, determine the estimated 

14 annualized volume of cellulosic 

15 biofuel production for such facil16 ity for the current calendar year; 

17 and 

18 ‘‘(bb) for each cellulosic biofuel 

19 production facility that begins initial 

20 production of (and continues to 

21 produce) cellulosic biofuel after Janu22 ary 1 of the current calendar year— 

23 ‘‘(AA) determine the average 

24 monthly volume of cellulosic 

25 biofuel produced by such facility, 


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1 based on the actual volume pro2 duced by such facility during the 

3 period beginning on the date of 

4 initial production of cellulosic 

5 biofuel by the facility and ending 

6 on October 31 of the current cal7 endar year; and 

8 ‘‘(BB) based on such aver9 age monthly volume of produc10 tion, determine the estimated 

11 annualized volume of cellulosic 

12 biofuel production for such facil13 ity for the current calendar year. 

14 ‘‘(II) An estimate under clause (i) 

15 with respect to the following calendar year 

16 of the projected volume of cellulosic biofuel 

17 production (as described in paragraph 

18 (7)(D)(i)), shall be equal to the total of the 

19 estimated annual volumes of cellulosic 

20 biofuel production for all cellulosic biofuel 

21 production facilities described in subclause 

22 (I) for the current calendar year.’’. 

23 (b) REDUCTION IN APPLICABLE VOLUME.—Section 

24 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 


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1 7545(o)(7)(D)(i)), as amended by section 101(c)(3)(A), is 

2 further amended by— 

3 (1) striking ‘‘based on the’’ and inserting 

4 ‘‘using the exact’’; 

5 (2) striking ‘‘may also reduce’’ and inserting 

6 ‘‘shall also reduce’’; and 

7 (3) striking ‘‘by the same or a lesser volume’’ 

8 and inserting ‘‘by the same volume’’. 

9 SEC. 103. REDUCTION IN APPLICABLE VOLUME OF RENEW10 ABLE FUEL CORRESPONDING TO CERTAIN 

11 REDUCTIONS IN APPLICABLE VOLUME OF 

12 BIOMASS-BASED DIESEL. 

13 Section 211(o)(7)(E)(ii) of the Clean Air Act (42 

14 U.S.C. 7545(o)(7)(E)(ii)) is amended by striking ‘‘may 

15 also reduce’’ and inserting ‘‘shall reduce’’. 

16 SEC. 104. APPLICABILITY AND REGULATIONS. 

17 The amendments made by this title to section 211(o) 

18 of the Clean Air Act (42 U.S.C. 7545(o)) shall apply only 

19 with respect to calendar years 2014 and after, except that 

20 the Administrator of the Environmental Protection Agen21 cy shall promulgate regulations to carry out such amend22 ments not later than 1 year after the date of enactment 

23 of this Act, and take any steps necessary to ensure such 

24 amendments may be carried out for calendar years 2014 

25 and after. 


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1 TITLE II—GASOLINE CON2 TAINING GREATER THAN 10- 

3 VOLUME-PERCENT ETHANOL 

4 SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH 

5 GREATER THAN 10-VOLUME-PERCENT ETH6 ANOL. 

7 Notwithstanding any other provision of law, the Ad8 ministrator of the Environmental Protection Agency may 

9 not, including by granting a waiver under section 

10 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), au11 thorize or otherwise allow the introduction into commerce 

12 of gasoline containing greater than 10-volume-percent eth13 anol. 

14 SEC. 202. PROHIBITION OF WAIVERS. 

15 (a) IN GENERAL.—Any waiver granted under section 

16 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) be17 fore the date of enactment of this Act that allows the in18 troduction into commerce of gasoline containing greater 

19 than 10-volume-percent ethanol for use in motor vehicles 

20 shall have no force or effect. 

21 (b) CERTAIN WAIVERS.—The waivers described in 

22 subsection (a) include the following: 

23 (1) The waiver entitled, ‘‘Partial Grant and 

24 Partial Denial of Clean Air Act Waiver Application 

25 Submitted by Growth Energy To Increase the AllowVerDate Mar 15 2010 04:52 Apr 16, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1462.IH H1462

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1 able Ethanol Content of Gasoline to 15 Percent; De2 cision of the Administrator’’, 75 Fed. Reg. 68094 

3 (November 4, 2010). 

4 (2) The waiver entitled, ‘‘Partial Grant of 

5 Clean Air Act Waiver Application Submitted by 

6 Growth Energy To Increase the Allowable Ethanol 

7 Content of Gasoline to 15 Percent; Decision of the 

8 Administrator’’, 76 Fed. Reg. 4662 (January 26, 

9 2011). 

10 SEC. 203. MISFUELING RULE. 

11 The portions of the rule entitled, ‘‘Regulation to Miti12 gate the Misfueling of Vehicles and Engines with Gasoline 

13 Containing Greater Than Ten Volume Percent Ethanol 

14 and Modifications to the Reformulated and Conventional 

15 Gasoline Programs’’, 76 Fed. Reg. 44406 (July 25, 2011) 

16 to mitigate misfueling shall have no force and effect 60 

17 days after the date of enactment of this Act. 

Æ 


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