I 

112TH CONGRESS 

1ST SESSION H. R. 3097 

To partially waive the renewable fuel standard when corn inventories are 

low. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2011 

Mr. GOODLATTE (for himself, Mr. COSTA, Mr. CARDOZA, Mr. MATHESON, Mr. 

WOMACK, Mr. HARRIS, Mr. MORAN, Mr. CRAWFORD, Mr. WITTMAN, 

Mrs. ELLMERS, Mr. CUELLAR, Mr. MCINTYRE, Mr. HURT, Mr. ROONEY, 

Mr. MCCLINTOCK, Mr. WELCH, Mr. GRAVES of Georgia, Mr. GRIFFIN of 

Arkansas, Mr. SIMPSON, Mr. BOREN, Mr. NUNNELEE, Mr. ROSS of Arkansas, Mr. BACA, Mr. PITTS, Mr. BUTTERFIELD, Mr. BARROW, and Mr. 

GRIFFITH of Virginia) introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To partially waive the renewable fuel standard when corn 

inventories are low. 

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 ‘‘Renewable Fuel Stand5 ard Flexibility Act’’. 


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1 SEC. 2. PARTIAL WAIVER. 

2 Paragraph (7) of section 211(o) of the Clean Air Act 

3 (42 U.S.C. 7545(o)(7)) is amended by adding the fol4 lowing at the end thereof: 

5 ‘‘(G) CONSIDERATION OF CORN INVEN6 TORIES.— 

7 ‘‘(i) DETERMINATIONS REGARDING

8 CORN STOCKS-TO-USE RATIO.—Not later 

9 than August 1 and the end of November 

10 each year, the Administrator shall deter11 mine and publish the United States corn 

12 stocks-to-use ratio for the current crop 

13 year— 

14 ‘‘(I) in consultation with the Sec15 retary of Agriculture; and 

16 ‘‘(II) based on the most recent 

17 publication of the World Agricultural 

18 Supply and Demand Estimate or 

19 other similar authoritative estimate 

20 issued by the Secretary of Agriculture. 

21 ‘‘(ii) WAIVER.—Based on the Admin22 istrator’s most recent determination under 

23 clause (i), the Administrator shall waive 

24 the requirements of paragraph (2) by re25 ducing the national quantity of renewable 


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1 fuel otherwise required for a period in ac2 cordance with the following table: 

‘‘U.S. Corn Stocks-to-Use Ratio for 

the Current Crop Year (percent) 

Reduction in national quantity 

of renewable fuel required 

Above 10.0 No adjustment 

10.0–7.5 10 percent reduction 

7.49–6.0 15 percent reduction 

5.99–5.0 25 percent reduction 

Below 5.0 50 percent reduction. 

3 ‘‘(iii) DURATION.—A waiver granted 

4 under clause (ii)— 

5 ‘‘(I) based on a determination re6 quired by clause (i) to be made by the 

7 end of November, shall be effective for 

8 the following calendar year; and 

9 ‘‘(II) based on a determination 

10 required by clause (i) to be made by 

11 August 1, shall take effect 30 days 

12 from the date of publication of the de13 termination and shall (in place of the 

14 waiver under subclause (I)) be effec15 tive for the remainder of such cal16 endar year. 

17 ‘‘(iv) ADJUSTMENT OF RENEWABLE

18 FUEL OBLIGATION.—Upon granting any 

19 waiver under clause (ii) reducing the na20 tional quantity of renewable fuel required 

21 for a period to which paragraph (3) apVerDate Mar 15 2010 04:37 Oct 06, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3097.IH H3097

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1 plies, the Administrator shall adjust the re2 newable fuel obligation determined under 

3 paragraph (3) in proportion to such reduc4 tion. 

5 ‘‘(v) NO EFFECT ON REQUIRED VOL6 UME OF ADVANCED BIOFUEL.—A waiver 

7 granted under this subparagraph reducing 

8 the national quantity of renewable fuel re9 quired for a period shall not affect the vol10 ume of advanced biofuel required under 

11 paragraph (2). The Administrator shall not 

12 allow any volume of conventional biofuel to 

13 be used to satisfy the requirement for ad14 vanced biofuel under paragraph (2). 

15 ‘‘(vi) PUBLICATION.—The Adminis16 trator shall publish each waiver under 

17 clause (ii) in the Federal Register, includ18 ing an explanation of the basis for the 

19 waiver.’’. 

Æ 


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