I 

115TH CONGRESS 

2D SESSION H. R. 5212 

To amend the Clean Air Act to reform the renewable fuel program under 

that Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2018 

Mr. WELCH introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Natural 

Resources, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Clean Air Act to reform the renewable fuel 

program under that Act, 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 ‘‘Growing Renewable 

5 Energy through Existing and New Environmentally Re6 sponsible Fuels Act’’ or the ‘‘GREENER Fuels Act’’. 

7 SEC. 2. DEFINITION OF ADMINISTRATOR. 

8 In this Act, the term ‘‘Administrator’’ means the Ad9 ministrator of the Environmental Protection Agency. 


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1 SEC. 3. LIMITATION ON FUELS DERIVED FROM CORN KER2 NELS. 

3 (a) ADVANCED BIOFUEL.—Section 211(o)(1)(B) of 

4 the Clean Air Act (42 U.S.C. 7545(o)(1)(B)) is amend5 ed— 

6 (1) in clause (i), by striking ‘‘, other than eth7 anol derived from corn starch,’’; and 

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

9 ‘‘(iii) EXCLUSION.—The term ‘ad10 vanced biofuel’ does not include any fuel 

11 derived from a corn kernel-based feed12 stock.’’. 

13 (b) CELLULOSIC BIOFUEL.—Section 211(o)(1)(E) of 

14 the Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amend15 ed— 

16 (1) by striking ‘‘The term’’ and inserting the 

17 following: 

18 ‘‘(i) IN GENERAL.—The term’’; and 

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

20 ‘‘(ii) EXCLUSION.—The term ‘cellu21 losic biofuel’ does not include any renew22 able fuel derived from a corn kernel-based 

23 feedstock.’’. 


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1 SEC. 4. RENEWABLE BIOMASS. 

2 (a) PROHIBITION ON INVASIVE SPECIES.—Section 

3 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 

4 7545(o)(1)(I)) is amended— 

5 (1) by redesignating clauses (i) through (vii) as 

6 subclauses (I) through (VII), respectively, and in7 denting the subclauses appropriately; 

8 (2) in the matter preceding subclause (I) (as so 

9 redesignated), by striking ‘‘The term’’ and inserting 

10 the following: 

11 ‘‘(i) IN GENERAL.—The term’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(ii) EXCLUSION.—The term ‘renew14 able biomass’ does not include any species 

15 or variety of plant that, as determined by 

16 the Secretary of Agriculture, in consulta17 tion with other appropriate Federal and 

18 State agencies, is— 

19 ‘‘(I) invasive; 

20 ‘‘(II) noxious; or 

21 ‘‘(III) potentially invasive, as de22 termined using— 

23 ‘‘(aa) a credible risk assess24 ment tool; or 

25 ‘‘(bb) any other credible 

26 source.’’. 


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1 (b) ENSURING COMPLIANCE.— 

2 (1) RECORDS.—The Administrator shall revise 

3 the regulations promulgated pursuant to section 

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

5 require that a domestic producer of a crop-based re6 newable fuel shall meet the reporting and records re7 quirements specified in subsections (c) and (d) of 

8 section 80.1454 of title 40, Code of Federal Regula9 tions (or successor regulations), to verify that feed10 stocks used by the producer are renewable biomass. 

11 (2) ANNUAL ANALYSIS.—Section 211(o)(11) of 

12 the Clean Air Act (42 U.S.C. 7545(o)(11)) is 

13 amended— 

14 (A) in the paragraph heading, by inserting 

15 ‘‘AND ANALYSES’’ after ‘‘REVIEWS’’; 

16 (B) by redesignating subparagraphs (A) 

17 through (C) as clauses (i) through (iii), respec18 tively, and indenting the clauses appropriately; 

19 (C) in the matter preceding clause (i) (as 

20 so redesignated), by striking ‘‘To allow’’ and in21 serting the following: 

22 ‘‘(A) IN GENERAL.—To allow’’; and 

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

24 ‘‘(B) ANNUAL ANALYSIS OF FEEDSTOCKS

25 AND LAND.— 


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1 ‘‘(i) IN GENERAL.—Not later than 

2 April 1 of each year, the Administrator, in 

3 conjunction with the Secretary of Agri4 culture, shall publish an analysis of the 

5 feedstocks and land used during the pre6 ceding calendar year to ensure compliance 

7 with this subsection, including an analysis 

8 of, with respect to that preceding calendar 

9 year— 

10 ‘‘(I) the total domestic land area 

11 used for commercial agricultural pro12 duction; 

13 ‘‘(II) the total area planted to 

14 produce renewable biomass crops (in15 cluding corn and soy) used to gen16 erate credits under this subsection; 

17 ‘‘(III) the total area reported to 

18 the Department of Agriculture to be 

19 ‘new breakings’, including a descrip20 tion of— 

21 ‘‘(aa) the number of acres 

22 that were previously— 

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1 servation reserve program 

2 established under subchapter 

3 B of chapter 1 of subtitle D 

4 of title XII of the Food Se5 curity Act of 1985 (16 

6 U.S.C. 3831 et seq.); or 

7 ‘‘(BB) other sensitive 

8 land; and 

9 ‘‘(bb) the crops planted on 

10 those acres; 

11 ‘‘(IV) the likelihood that renew12 able fuels were produced from feed13 stocks that do not qualify as renew14 able biomass; 

15 ‘‘(V) the number, scope, and out16 comes of any enforcement actions car17 ried out by the Administrator in re18 sponse to noncompliance with the re19 porting and recordkeeping require20 ments of this subsection; and 

21 ‘‘(VI) any documented case in 

22 which a credit was generated pursu23 ant to this subsection for a fuel that 

24 is not considered to be renewable bio25 mass. 


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1 ‘‘(ii) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Administrator and the Sec4 retary of Agriculture such sums as are 

5 necessary for each fiscal year to carry out 

6 this subparagraph.’’. 

7 SEC. 5. STRENGTHENING ENVIRONMENTAL STANDARDS. 

8 (a) ELIMINATION OF GRANDFATHER CLAUSE.— 

9 (1) IN GENERAL.—Section 211(o)(2)(A)(i) of 

10 the Clean Air Act (42 U.S.C. 7545(o)(2)(A)(i)) is 

11 amended, in the second sentence, by striking ‘‘, in 

12 the case of any such renewable fuel produced from 

13 new facilities that commence construction after the 

14 date of enactment of this sentence,’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) takes effect on January 1, 2020. 

17 (b) ELIMINATION OF MODIFICATIONS TO GREEN18 HOUSE GAS REDUCTION PERCENTAGES.— 

19 (1) IN GENERAL.—Section 211(o) of the Clean 

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

21 (A) by striking paragraph (4); and 

22 (B) by redesignating paragraphs (5) 

23 through (12) as paragraphs (4) through (11), 

24 respectively. 


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1 (2) CONFORMING AMENDMENTS.—Section 

2 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is 

3 amended— 

4 (A) in paragraph (2)(A)(ii)(II)(cc), by 

5 striking ‘‘paragraph (5)’’ and inserting ‘‘para6 graph (4)’’; 

7 (B) in paragraph (3)(C)(ii), by striking 

8 ‘‘paragraph (9)’’ and inserting ‘‘paragraph 

9 (8)’’; 

10 (C) in subparagraph (A)(iii) of paragraph 

11 (4) (as redesignated by paragraph (1)(B)), by 

12 striking ‘‘paragraph (9)(C)’’ and inserting 

13 ‘‘paragraph (8)(C)’’; 

14 (D) in subparagraph (D)(ii) of paragraph 

15 (7) (as redesignated by paragraph (1)(B)), by 

16 striking ‘‘paragraph (7)’’ and inserting ‘‘para17 graph (6)’’; and 

18 (E) in subparagraph (C) of paragraph (8) 

19 (as redesignated by paragraph (1)(B)), by strik20 ing ‘‘paragraph (5)’’ and inserting ‘‘paragraph 

21 (4)’’. 

22 SEC. 6. APPLICABLE VOLUMES; SUNSET. 

23 (a) IN GENERAL.—Section 211(o)(2) of the Clean 

24 Air Act (42 U.S.C. 7545(o)(2)) is amended by striking 

25 subparagraph (B) and inserting the following: 


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1 ‘‘(B) APPLICABLE VOLUMES; SUNSET.— 

2 ‘‘(i) CONVENTIONAL BIOFUEL.—For 

3 purposes of subparagraph (A), the applica4 ble volume of renewable fuel that is not 

5 cellulosic biofuel, biomass-based diesel, or 

6 any other advanced biofuel shall be— 

7 ‘‘(I) for calendar year 2019, 

8 15,000,000,000 gallons; 

9 ‘‘(II) for calendar year 2020, 

10 15,000,000,000 gallons; 

11 ‘‘(III) for calendar year 2021, 

12 15,000,000,000 gallons; 

13 ‘‘(IV) for calendar year 2022, 

14 15,000,000,000 gallons; 

15 ‘‘(V) for calendar year 2023, 

16 13,000,000,000 gallons; 

17 ‘‘(VI) for calendar year 2024, 

18 11,000,000,000 gallons; 

19 ‘‘(VII) for calendar year 2025, 

20 9,000,000,000 gallons; 

21 ‘‘(VIII) for calendar year 2026, 

22 7,000,000,000 gallons; 

23 ‘‘(IX) for calendar year 2027, 

24 5,000,000,000 gallons; 


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1 ‘‘(X) for calendar year 2028, 

2 3,000,000,000 gallons; and 

3 ‘‘(XI) for calendar year 2029, 

4 1,000,000,000 gallons. 

5 ‘‘(ii) CELLULOSIC BIOFUEL, BIOMASS6 BASED DIESEL, AND OTHER ADVANCED

7 BIOFUEL.— 

8 ‘‘(I) IN GENERAL.—Subject to 

9 subclause (III), not later than March 

10 1 of each calendar year, the Adminis11 trator shall establish for the calendar 

12 year that the applicable volume of cel13 lulosic biofuel, biomass-based diesel, 

14 and advanced biofuel (other than cel15 lulosic biofuel and biomass-based die16 sel) for purposes of subparagraph (A) 

17 shall be equal to the actual volume of 

18 cellulosic biofuel, biomass-based diesel, 

19 or advanced biofuel (other than cellu20 losic biofuel and biomass-based die21 sel), respectively, produced during the 

22 preceding calendar year, as deter23 mined under subclause (II). 

24 ‘‘(II) DETERMINATION OF AC25 TUAL PRODUCTION.— 


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1 ‘‘(aa) IN GENERAL.—Not 

2 later than February 28 of each 

3 calendar year, the Administrator 

4 shall determine the actual volume 

5 of cellulosic biofuel, biomass6 based diesel, and advanced 

7 biofuel (other than cellulosic 

8 biofuel and biomass-based diesel) 

9 produced during the preceding 

10 calendar year, based on informa11 tion from the Moderated Trans12 action System of the Environ13 mental Protection Agency. 

14 ‘‘(bb) MID-YEAR REVIEW.— 

15 Not later than September 1 of 

16 each calendar year, the Adminis17 trator shall adjust the applicable 

18 volume requirement under sub19 clause (I) for the calendar year 

20 for cellulosic biofuel, biomass21 based diesel, or other advanced 

22 biofuel to reflect any increase in 

23 production during that calendar 

24 year, based on information from 


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1 the Moderated Transaction Sys2 tem. 

3 ‘‘(III) LIMITATION.—Notwith4 standing any other provision of this 

5 clause, the applicable volume of bio6 mass-based diesel or advanced biofuel 

7 (other than biomass-based diesel and 

8 cellulosic biofuel) established pursuant 

9 to subclause (I) for any calendar year 

10 shall not exceed 2,000,000,000 gal11 lons. 

12 ‘‘(iii) LIMITATION ON VIRGIN VEGE13 TABLE OILS.— 

14 ‘‘(I) DEFINITION OF VIRGIN VEG15 ETABLE OIL.— 

16 ‘‘(aa) IN GENERAL.—In this 

17 clause, the term ‘virgin vegetable 

18 oil’ means any oil pressed directly 

19 from a harvested crop, including 

20 soybean, canola, peanut, and 

21 palm crops. 

22 ‘‘(bb) EXCLUSION.—In this 

23 clause, the term ‘virgin vegetable 

24 oil’ does not include any recycled 

25 or waste oil, such as— 


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1 ‘‘(AA) used cooking oil; 

2 or 

3 ‘‘(BB) any other waste 

4 oil that is no longer usable 

5 for human or animal con6 sumption. 

7 ‘‘(II) LIMITATION.—For each 

8 calendar year, not more than 

9 1,000,000,000 gallons of biomass10 based diesel derived from a virgin veg11 etable oil or a bioenergy production 

12 byproduct that is suitable as animal 

13 feed may be used to satisfy the appli14 cable volume of biomass-based diesel 

15 required under this paragraph. 

16 ‘‘(iv) SUNSET.— 

17 ‘‘(I) IN GENERAL.—The require18 ment under this paragraph that trans19 portation fuel sold or introduced into 

20 commerce in the United States (ex21 cept in noncontiguous States or terri22 tories), on an annual average basis, 

23 shall contain at least an applicable 

24 volume of any renewable fuel that is 


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1 not cellulosic biofuel shall cease to 

2 apply on January 1, 2030. 

3 ‘‘(II) CELLULOSIC BIOFUEL.— 

4 The requirement under this para5 graph that transportation fuel sold or 

6 introduced into commerce in the 

7 United States (except in noncontig8 uous States or territories), on an an9 nual average basis, shall contain at 

10 least an applicable volume of renew11 able fuel that is cellulosic biofuel shall 

12 cease to apply beginning on the earlier 

13 of— 

14 ‘‘(aa) January 1, 2037; and 

15 ‘‘(bb) January 1 of the cal16 endar year beginning after the 

17 first calendar year during which 

18 a total of not less than 

19 2,000,000,000 gallons of cellu20 losic biofuel is produced.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 211(o)(3) 

22 of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended— 

23 (1) by striking subparagraph (A); 

24 (2) by redesignating subparagraphs (B) and 

25 (C) as subparagraphs (A) and (B), respectively; 


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1 (3) in subparagraph (A) (as so redesignated)— 

2 (A) in clause (i)— 

3 (i) by striking ‘‘Not later than No4 vember 30 of each of calendar years 2005 

5 through 2021, based on the estimate pro6 vided under subparagraph (A), the Admin7 istrator of the Environmental Protection 

8 Agency’’ and inserting ‘‘Not later than 

9 March 1 of each calendar year, the Admin10 istrator’’; and 

11 (ii) by striking ‘‘the following’’ and in12 serting ‘‘that’’; and 

13 (B) in clause (ii)(III), by striking ‘‘sub14 paragraph (C)(i)’’ and inserting ‘‘subparagraph 

15 (B)(i)’’; and 

16 (4) in clause (i) of subparagraph (B) (as so re17 designated), by striking ‘‘subparagraph (B)(ii)(I)’’ 

18 and inserting ‘‘subparagraph (A)(ii)(I)’’. 

19 SEC. 7. ALLEVIATING ETHANOL BLEND WALL. 

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

21 7545(o)(3)) is amended, in subparagraph (A) (as redesig22 nated by section 6(b)(2)), by adding at the end the fol23 lowing: 

24 ‘‘(iii) LIMITATION.— 


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1 ‘‘(I) INTRODUCTION INTO COM2 MERCE OF CONVENTIONAL

3 BIOFUEL.— 

4 ‘‘(aa) IN GENERAL.—Not5 withstanding paragraph (2)(B), 

6 subject to item (bb), the Admin7 istrator shall not establish any 

8 renewable fuel obligation for a 

9 calendar year under this sub10 section that would result, directly 

11 or indirectly, in the introduction 

12 into commerce in the United 

13 States of a total volume of con14 ventional biofuel contained in 

15 transportation fuel that is great16 er than 9.7 percent of the total 

17 volume of gasoline projected to 

18 be sold or introduced into com19 merce in the United States for 

20 that calendar year. 

21 ‘‘(bb) PRIORITIZATION.—In 

22 carrying out this subparagraph, 

23 the Administrator shall give pri24 ority to the consumption of com25 mercially available ethanol that is 


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1 cellulosic biofuel before the con2 sumption of conventional biofuel. 

3 ‘‘(II) APPLICABILITY.—The limi4 tation under subclause (I) shall apply 

5 without regard to the available supply 

6 of credits generated during any pre7 ceding calendar year pursuant to 

8 paragraph (4). 

9 ‘‘(III) EIA ESTIMATE.— 

10 ‘‘(aa) IN GENERAL.—For 

11 purposes of subclause (I), for 

12 each calendar year, the Adminis13 trator shall request from the Ad14 ministrator of the Energy Infor15 mation Administration, and use 

16 without alteration, an estimate of 

17 the total volume of gasoline pro18 jected to be sold or introduced 

19 into commerce in the United 

20 States during that calendar year. 

21 ‘‘(bb) REQUIREMENT.—The 

22 Administrator of the Energy In23 formation Administration shall 

24 provide to the Administrator each 

25 estimate requested pursuant to 


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1 item (aa) relating to a calendar 

2 year by not later than February 

3 28 of that calendar year.’’. 

4 SEC. 8. CELLULOSIC BIOFUEL CREDITS. 

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

6 7545(o)) is amended, in paragraph (4) (as redesignated 

7 by section 5(b)(1)(B))— 

8 (1) in subparagraph (C)— 

9 (A) by striking ‘‘A credit’’ and inserting 

10 the following: 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), a credit’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(ii) CELLULOSIC BIOFUEL CRED15 ITS.—Notwithstanding clause (i), a cellu16 losic biofuel credit generated pursuant to 

17 this paragraph shall be valid to dem18 onstrate compliance with paragraph (2) 

19 for— 

20 ‘‘(I) the calendar year during 

21 which the credit is generated; and 

22 ‘‘(II) the following calendar 

23 year.’’; and 

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


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1 ‘‘(F) NO LIMITATION ON GENERATION OF

2 CELLULOSIC BIOFUEL CREDITS.—The regula3 tions promulgated pursuant to paragraph 

4 (2)(A) shall provide that the number of cellu5 losic biofuel credits that may be generated for 

6 any calendar year pursuant to this paragraph 

7 shall not be limited to the applicable volume de8 termined under paragraph (2)(B) of cellulosic 

9 biofuel for that year.’’. 

10 SEC. 9. WAIVERS. 

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

12 7545(o)) is amended, in paragraph (6) (as redesignated 

13 by section 5(b)(1)(B))— 

14 (1) in subparagraph (A)— 

15 (A) in the matter preceding clause (i), by 

16 striking ‘‘may waive’’ and inserting ‘‘shall 

17 waive’’; and 

18 (B) in clause (i), by inserting ‘‘, independ19 ently or in conjunction with other factors,’’ 

20 after ‘‘implementation of the requirement’’; and 

21 (2) by striking subparagraphs (D) through (F). 

22 SEC. 10. LAND TENURE. 

23 (a) APPROVAL OF RENEWABLE FUEL PATHWAY.— 

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

2 Administrator— 

3 (1) shall take into consideration the risk that 

4 production of an applicable feedstock for the path5 way will contribute to the acquisition of land in a 

6 manner that violates the land tenure rights of any 

7 individual or community; and 

8 (2) shall not approve such a feedstock or path9 way if, based on the consideration under paragraph 

10 (1), the Administrator determines that there exists 

11 a significant risk described in that paragraph. 

12 (b) REPORT.—Not later than 120 days after the date 

13 of enactment of this Act, the Administrator, in consulta14 tion with the Secretary of Agriculture and the Adminis15 trator of the United States Agency for International De16 velopment, shall publish a report that describes the impact 

17 of the renewable fuel program under section 211(o) of the 

18 Clean Air Act (42 U.S.C. 7545(o)) on— 

19 (1) domestic farm ownership consolidation; and 

20 (2) global land acquisition, including the acqui21 sition of land in a manner that violates the land ten22 ure rights of any individual or community. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as are nec25 essary to carry out this section. 


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1 SEC. 11. COMPREHENSIVE ASSESSMENT OF IMPLICATIONS 

2 ON USE OF MID-LEVEL ETHANOL BLENDS. 

3 (a) DEFINITION OF MID-LEVEL ETHANOL BLEND.— 

4 In this section, the term ‘‘mid-level ethanol blend’’ means 

5 an ethanol-gasoline blend that— 

6 (1) contains more than 10 but not more than 

7 20 percent ethanol by volume; and 

8 (2) is intended to be used in any conventional, 

9 gasoline-powered— 

10 (A) onroad, nonroad, or marine engine; or 

11 (B) onroad or nonroad vehicle. 

12 (b) ASSESSMENT.— 

13 (1) IN GENERAL.—The Administrator, acting 

14 through the Assistant Administrators of the Office 

15 of Research and Development and the Office of Air 

16 and Radiation, shall— 

17 (A) not later than 45 days after the date 

18 of enactment of this Act, enter into an agree19 ment with the National Academy of Sciences 

20 under which the Academy shall provide to the 

21 Assistant Administrators, by not later than 18 

22 months after that date of enactment, a com23 prehensive assessment of the scientific and 

24 technical research regarding the implications of 

25 the use of mid-level ethanol blends, as com26 pared to the use of gasoline blends containing 


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1 10 percent or 0 percent ethanol, in accordance 

2 with paragraph (2); and 

3 (B) not later than 30 days after the date 

4 of receipt of the results of the assessment under 

5 subparagraph (A), submit to the Committees on 

6 Science, Space, and Technology and Energy 

7 and Commerce of the House of Representatives 

8 and the Committee on Environment and Public 

9 Works of the Senate a report describing the 

10 findings of the assessment, together with a 

11 statement describing the agreement or disagree12 ment of the Assistant Administrators with each 

13 finding. 

14 (2) CONTENTS.—The assessment under para15 graph (1)(A) shall include each of the following: 

16 (A) An evaluation of the short- and long17 term environmental, safety, durability, and per18 formance effects of the introduction of mid-level 

19 ethanol blends on onroad, nonroad, and marine 

20 engines, onroad and nonroad vehicles, and re21 lated equipment— 

22 (i) taking into consideration— 

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1 anol concentrations as certification 

2 fuels; and 

3 (II) the effect of mid-level eth4 anol blends on emissions of carbon di5 oxide, taking into consideration such 

6 emissions from the lifecycle produc7 tion of the mid-level ethanol blends, as 

8 compared to gasoline blends con9 taining 10 percent or 0 percent eth10 anol; and 

11 (ii) including— 

12 (I) a review of all available sci13 entific evidence, including all relevant 

14 government and industry data and 

15 testing, including data relied on by 

16 the Administrator, as contained in— 

17 (aa) the notice entitled 

18 ‘‘Partial Grant and Partial De19 nial of Clean Air Act Waiver Ap20 plication Submitted by Growth 

21 Energy To Increase the Allow22 able Ethanol Content of Gasoline 

23 to 15 Percent; Decision of the 

24 Administrator’’ (75 Fed. Reg. 

25 68094 (November 4, 2010)); 


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1 (bb) the notice entitled 

2 ‘‘Partial Grant of Clean Air Act 

3 Waiver Application Submitted by 

4 Growth Energy To Increase the 

5 Allowable Ethanol Content of 

6 Gasoline to 15 Percent; Decision 

7 of the Administrator’’ (76 Fed. 

8 Reg. 4662 (January 26, 2011)); 

9 and 

10 (cc) the final rule of the Ad11 ministrator entitled ‘‘Regulation 

12 To Mitigate the Misfueling of Ve13 hicles and Engines With Gasoline 

14 Containing Greater Than Ten 

15 Volume Percent Ethanol and 

16 Modifications to the Reformu17 lated and Conventional Gasoline 

18 Programs’’ (76 Fed. Reg. 44406 

19 (July 25, 2011)); and 

20 (II) an identification of gaps in 

21 understanding and research needs re22 lating to— 

23 (aa) tailpipe emissions; 

24 (bb) evaporative emissions; 


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1 (cc) engine and fuel system 

2 durability; 

3 (dd) onboard diagnostics; 

4 (ee) emissions inventory and 

5 other modeling effects; 

6 (ff) materials compatibility; 

7 (gg) operability and drivabil8 ity; 

9 (hh) fuel efficiency; 

10 (ii) fuel economy; 

11 (jj) consumer education and 

12 satisfaction; 

13 (kk) cost-effectiveness for 

14 consumers; 

15 (ll) catalyst durability; 

16 (mm) durability of storage 

17 tanks, piping, and dispensers for 

18 retail use; 

19 (nn) lifecycle greenhouse gas 

20 emissions of EO, E10, E15, and 

21 E85 ethanol blends; and 

22 (oo) smog formation. 

23 (B) An identification of areas of research, 

24 development, and testing necessary— 


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1 (i) to ensure that existing motor fuel 

2 infrastructure is not adversely impacted by 

3 mid-level ethanol blends, including an ex4 amination of the potential impacts of mid5 level ethanol blends on metal, plastic, rub6 ber, or any other materials used in pipes 

7 or storage tanks; and 

8 (ii) to reduce the risk of misfueling by 

9 users at various points in the distribution 

10 and supply chains, including at bulk stor11 age, retail storage, and distribution con12 figurations, through an assessment of— 

13 (I) the best methods and prac14 tices to prevent misfueling; 

15 (II) misfueling mitigation strate16 gies for blender pumps, including— 

17 (aa) volumetric purchase re18 quirements; and 

19 (bb) labeling requirements; 

20 (III) the adequacy of misfueling 

21 mitigation plans approved by the En22 vironmental Protection Agency; and 

23 (IV) the technical standards and 

24 recommendations regarding fuel pump 

25 labeling of— 


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1 (aa) the National Institute 

2 of Standards and Technology; 

3 (bb) the American National 

4 Standards Institute; and 

5 (cc) the International Orga6 nization for Standardization. 

7 (3) LIMITATION ON NEW WAIVERS.—The Ad8 ministrator shall not provide any new waiver pursu9 ant to section 211(f)(4) of the Clean Air Act (42 

10 U.S.C. 7545(f)(4)) during the period— 

11 (A) beginning on the date of enactment of 

12 this Act; and 

13 (B) ending on the date of submission of 

14 the report under paragraph (1)(B). 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section. 

18 SEC. 12. FEES; PRIVATE LAND PROTECTION AND RESTORA19 TION FUND. 

20 (a) FEES.— 

21 (1) ASSESSMENT AND COLLECTION.—Not later 

22 than 90 days after the date of enactment of this 

23 Act, the Administrator shall establish— 

24 (A) a 1-time fee of $0.10 per credit gen25 erated pursuant to paragraph (4) of section 


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

2 7545(o)) (as redesignated by section 

3 5(b)(1)(B)), to be assessed at the time the cred4 it is used to comply with the requirements of 

5 that section; and 

6 (B) procedures for the assessment and 

7 payment of the fee. 

8 (2) DEPOSITS.—Any fee assessed and paid pur9 suant to paragraph (1) shall be deposited in the Pri10 vate Land Protection and Restoration Fund estab11 lished by subsection (b)(1). 

12 (b) PRIVATE LAND PROTECTION AND RESTORATION

13 FUND.— 

14 (1) ESTABLISHMENT.—There is established in 

15 the Treasury of the United States a fund, to be 

16 known as the ‘‘Private Land Protection and Res17 toration Fund’’ (referred to in this subsection as the 

18 ‘‘Fund’’). 

19 (2) AMOUNTS.—The Fund shall consist of— 

20 (A) amounts deposited in the Fund under 

21 subsection (a)(2); and 

22 (B) any amounts appropriated to the 

23 Fund. 

24 (3) EXPENDITURES.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the amounts in the Fund shall be 

3 available, without appropriation, to the Sec4 retary of the Interior, acting in consultation 

5 with the Secretary of Agriculture, for existing 

6 programs, the purposes of which are to protect, 

7 conserve, or restore the types of habitat and 

8 wildlife that are most impacted by the conver9 sion of native habitat to crop production, in10 cluding grasslands, wetlands, forests, and adja11 cent waterways in areas that have experienced 

12 significant expansion of corn and soy produc13 tion since January 1, 2007. 

14 (B) LIMITATION.—Of the amounts in the 

15 Fund, not more than 30 percent may be used 

16 during any calendar year for existing programs 

17 described in subparagraph (A) that provide 

18 grants to States to carry out the purposes de19 scribed in that subparagraph. 

20 (4) PROHIBITION ON LAND ACQUISITION.— 

21 (A) IN GENERAL.—The Secretary of the 

22 Interior, in consultation with the Secretary of 

23 Agriculture, may not use amounts in the Fund 

24 to purchase or otherwise acquire land. 


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1 (B) EFFECT OF PARAGRAPH.—Nothing in 

2 this paragraph prevents the Secretary of the In3 terior, in consultation with the Secretary of Ag4 riculture, from establishing a conservation ease5 ment with a private landowner. 

Æ 


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