Next Generation Fuels Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 944 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 944

To promote low-carbon, high-octane fuels, to protect public health, and 
 to improve vehicle efficiency and performance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

Mr. Grassley (for himself, Ms. Klobuchar, Ms. Ernst, and Ms. Duckworth) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To promote low-carbon, high-octane fuels, to protect public health, and 
 to improve vehicle efficiency and performance, 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 ``Next Generation Fuels Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) continued increases in new automobile efficiency are 
        needed to improve consumer welfare and reduce carbon emissions;
            (2) the widespread availability of low-carbon, high-octane 
        fuel will allow continued cost-effective improvements in 
        automobile efficiency by enabling increased engine compression 
        ratios;
            (3) high-octane automobiles and low-carbon fuels are 
        readily available to consumers at little incremental cost;
            (4) ethanol is a cost-effective and low-carbon octane 
        enhancer;
            (5) the widespread adoption of climate-smart practices and 
        precision technologies by United States corn producers over the 
        past decade have further reduced the carbon intensity of 
        conventional ethanol;
            (6) on average, ethanol has been estimated to have 
        lifecycle greenhouse gas emissions that are 46 percent lower 
        than average gasoline, with some corn ethanol achieving a 61-
        percent reduction compared to gasoline; and
            (7) ethanol has one of the highest blending octane values 
        available in the marketplace.

SEC. 3. HIGH-OCTANE VEHICLES.

    Title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended 
by adding at the end the following:

                     ``PART D--HIGH-OCTANE VEHICLES

``SEC. 261. DEFINITIONS; APPLICABILITY.

    ``(a) Definitions.--In this part:
            ``(1) Automobile.--The term `automobile' has the meaning 
        given to the term in section 32901(a)(3) of title 49, United 
        States Code.
            ``(2) Manufacturer.--The term `manufacturer' has the 
        meaning given the term in section 216.
            ``(3) Research octane number.--The term `research octane 
        number' has the meaning given the term in section 201 of the 
        Petroleum Marketing Practices Act (15 U.S.C. 2821).
    ``(b) Applicability.--This part applies with respect to any motor 
vehicle that is introduced into commerce that--
            ``(1) is an automobile;
            ``(2) uses gasoline for propulsion or any other operation 
        of the motor vehicle, including the engine thereof; and
            ``(3) is a model year 2028 or later motor vehicle.

``SEC. 262. HIGH-OCTANE TEST FUELS.

    ``(a) E20 Certification Fuel.--Except as provided in subsections 
(b) and (c), manufacturers producing motor vehicles described in 
section 261(b) shall use a test fuel consisting of gasoline and 19.4 to 
20 volume percent ethanol with a minimum 95 research octane number in--
            ``(1) emissions testing and certification under section 
        206(a); and
            ``(2) fuel economy testing and calculation procedures under 
        section 32904(c) of title 49, United States Code.
    ``(b) E25 to E30 Certification Fuel.--As an alternative to the test 
fuel described in subsection (a), manufacturers producing motor 
vehicles described in section 261(b) may use a test fuel consisting of 
gasoline and 24.3 to 30 volume percent ethanol with a minimum 98 
research octane number in--
            ``(1) emissions testing and certification under section 
        206(a); and
            ``(2) fuel economy testing and calculation procedures under 
        section 32904(c) of title 49, United States Code.
    ``(c) Model Year 2033 and Later Model Years.--Notwithstanding 
subsections (a) and (b), beginning in model year 2033, manufacturers of 
motor vehicles described in section 261(b) shall use the gasoline test 
fuel described in subsection (b) in--
            ``(1) emissions testing and certification under section 
        206(a); and
            ``(2) fuel economy testing and calculation procedures under 
        section 32904(c) of title 49, United States Code.
    ``(d) Formulation.--The test fuels described in subsections (a) and 
(b) shall be produced by adding neat or denatured fuel ethanol to the 
gasoline criteria emissions test fuel required for use in model year 
2022 and later motor vehicles.
    ``(e) Test Fuel Equations.--For purposes of--
            ``(1) testing and calculation procedures under section 
        206(a), the emissions of motor vehicles using the test fuels 
        described in subsection (a) or (b) shall be based exclusively 
        on actual measured emissions; and
            ``(2) fuel economy testing and calculation procedures under 
        section 32904(c) of title 49, United States Code, the fuel 
        economy of motor vehicles using the test fuels described in 
        subsection (a) or (b) shall be determined on an energy-
        equivalent basis, which shall be equal to the product obtained 
        by multiplying--
                    ``(A) the measured fuel economy; and
                    ``(B) the quotient obtained by dividing--
                            ``(i) 114,086 British thermal units per 
                        gallon; by
                            ``(ii) the volumetric energy density of the 
                        test fuel.

``SEC. 263. HIGH-OCTANE VEHICLES.

    ``(a) Warranty Requirements.--Manufacturers of motor vehicles 
described in section 261(b) shall warrant to the ultimate purchaser and 
each subsequent purchaser that each such motor vehicle is designed--
            ``(1) for model years 2028 through 2032--
                    ``(A) to operate with gasoline containing 10 and up 
                to and including 25 percent ethanol by volume; and
                    ``(B) to meet the design requirements under 
                subsection (b)(1); and
            ``(2) for model year 2033 and later model years--
                    ``(A) to operate with gasoline containing 10 and up 
                to and including 30 percent ethanol by volume; and
                    ``(B) to meet the design requirements under 
                subsections (b)(1) and (c)(1).
    ``(b) Design Requirements Before Model Year 2033.--
            ``(1) Manufacturers.--The manufacturer of a motor vehicle 
        described in section 261(b) shall design each such motor 
        vehicle--
                    ``(A) to use gasoline with a 95 research octane 
                number or higher; and
                    ``(B) to incorporate such devices or elements of 
                design (including physical or other barriers, devices, 
                or technological systems) as are determined by the 
                Administrator to be--
                            ``(i) necessary to prevent the introduction 
                        of gasoline with a research octane number that 
                        is lower than 95 into that motor vehicle; and
                            ``(ii) technically and economically 
                        feasible.
            ``(2) Fuel retailers.--Any fuel retailer selling gasoline 
        for use in a motor vehicle described in section 261(b) shall 
        incorporate into the dispensing equipment of the fuel retailer 
        such devices or elements of design (including physical or other 
        barriers, devices, or technological systems) as are determined 
        by the Administrator to be--
                    ``(A) necessary to ensure compatibility with the 
                motor vehicle design requirements under paragraph (1); 
                and
                    ``(B) technically and economically feasible.
    ``(c) Design Requirements for Model Year 2033.--
            ``(1) Manufacturers.--Subject to paragraph (3)(B), 
        beginning in model year 2033, the manufacturer of a motor 
        vehicle described in section 261(b) shall design each such 
        motor vehicle--
                    ``(A) to use gasoline with a 98 research octane 
                number or higher; and
                    ``(B) to incorporate such devices or elements of 
                design (including physical or other barriers, devices, 
                or technological systems) as are determined by the 
                Administrator to be--
                            ``(i) necessary to prevent the introduction 
                        of gasoline with a research octane number that 
                        is lower than 98 into that motor vehicle; and
                            ``(ii) technically and economically 
                        feasible.
            ``(2) Fuel retailer.--Subject to paragraph (3)(B), any fuel 
        retailer selling gasoline for use in a motor vehicle described 
        in section 261(b) that is model year 2033 or later shall 
        incorporate into the dispensing equipment of the fuel retailer 
        such devices or elements of design (including physical or other 
        barriers, devices, or technological systems) as are determined 
        by the Administrator to be--
                    ``(A) necessary to ensure compatibility with the 
                motor vehicle design requirements under paragraph (1); 
                and
                    ``(B) technically and economically feasible.
            ``(3) EPA determination of nationwide availability.--
                    ``(A) Determination required.--Not later than 
                December 31, 2031, and not later than each December 31 
                thereafter until the Administrator determines that 98 
                research octane number gasoline can be made readily 
                available nationwide, the Administrator shall--
                            ``(i) determine whether 98 research octane 
                        number gasoline can be made readily available 
                        nationwide; and
                            ``(ii) publish that determination in the 
                        Federal Register.
                    ``(B) Effect.--The requirements of this subsection 
                shall not take effect until the date on which the 
                Administrator--
                            ``(i) determines under subparagraph (A)(i) 
                        that 98 research octane number gasoline can be 
                        made readily available nationwide; and
                            ``(ii) publishes that determination under 
                        subparagraph (A)(ii).
                    ``(C) Failure to make determination.--If the 
                Administrator fails to make a determination under 
                subparagraph (A) by the applicable date under that 
                subparagraph, the Administrator shall be deemed to have 
                determined that 98 research octane number gasoline can 
                be made readily available nationwide for purposes of 
                subparagraph (B).
    ``(d) Violations.--
            ``(1) Manufacturers.--
                    ``(A) In general.--Any manufacturer who violates 
                subsection (b)(1) or (c)(1) shall be subject to a civil 
                penalty of not more than $5,000 for each offense.
                    ``(B) Separate offenses.--Any violation described 
                in subparagraph (A) shall constitute a separate offense 
                with respect to each motor vehicle.
            ``(2) Fuel retailer.--
                    ``(A) In general.--Any fuel retailer who violates 
                subsection (b)(2) or (c)(2) shall be subject to a civil 
                penalty of not more than $2,500 for each offense.
                    ``(B) Separate offense.--Any violation described in 
                subparagraph (A) with respect to dispensing equipment 
                shall constitute a separate offense with respect to 
                each unit of dispensing equipment in violation of the 
                applicable subsection described in that subparagraph.

``SEC. 264. MISFUELING.

    ``(a) Prohibitions Against Tampering and Defeat Devices for Motor 
Vehicles.--In lieu of applying section 203(a)(3) with respect to the 
requirements of this part, the following shall apply:
            ``(1) No person shall--
                    ``(A) remove or render inoperative any device or 
                element of design installed on or in a motor vehicle 
                pursuant to subsection (b)(1) or (c)(1) of section 263 
                prior to its sale and delivery to the ultimate 
                purchaser; or
                    ``(B) knowingly remove or render inoperative any 
                such device or element of design after such sale and 
                delivery to the ultimate purchaser.
            ``(2) No person shall manufacture or sell, or offer to 
        sell, or install, any part or component intended for use with, 
        or as part of, any motor vehicle, where--
                    ``(A) a principal effect of the part or component 
                is to bypass, defeat, or render inoperative any device 
                or element of design installed on or in a motor vehicle 
                pursuant to subsection (b)(1) or (c)(1) of section 263; 
                and
                    ``(B) the person knows or should know that such 
                part or component is being offered for sale or 
                installed for such use or put to such use.
    ``(b) Prohibitions Against Tampering and Defeat Devices for 
Dispensing Equipment.--No person shall--
            ``(1) remove or render inoperative any device or element of 
        design installed pursuant to subsection (b)(2) or (c)(2) of 
        section 263; or
            ``(2) sell, or offer to sell, or incorporate into, any part 
        or component intended for use with, or as part of, any 
        dispensing equipment, where--
                    ``(A) a principal effect of the part or component 
                is to bypass, defeat, or render inoperative any device 
                or element of design incorporated into dispensing 
                equipment pursuant to subsection (b)(2) or (c)(2) of 
                section 263; and
                    ``(B) the person knows or should know that such 
                part or component is being offered for sale or 
                incorporated for such use or put to such use.
    ``(c) Violations.--
            ``(1) In general.--Any person who violates this section 
        shall be subject to a civil penalty of not more than $2,500.
            ``(2) Separate offenses.--Any violation described in 
        paragraph (1) shall constitute a separate offense with respect 
        to--
                    ``(A) each motor vehicle or unit of dispensing 
                equipment, for purposes of subsections (a)(1) and 
                (b)(1); and
                    ``(B) each part or component, for purposes of 
                subsections (a)(2) and (b)(2).

``SEC. 265. OCTANE STANDARD.

    ``(a) Octane Standard.--
            ``(1) Prohibition.--
                    ``(A) 95 research octane number marketing.--No 
                person shall sell motor vehicle gasoline marketed as 95 
                research octane number unless that gasoline has a 
                research octane number of 95 or greater.
                    ``(B) 98 research octane number marketing.--No 
                person shall sell motor vehicle gasoline marketed as 98 
                research octane number unless that gasoline has a 
                research octane number of 98 or greater.
                    ``(C) Deemed compliance.--A person, including any 
                distributor, blender, marketer, reseller, carrier, 
                retailer, or wholesaler, shall be deemed to be in full 
                compliance with this paragraph if the person can 
                demonstrate, through evidence deemed acceptable by the 
                Administrator, that the person had reason to believe in 
                good faith that the motor vehicle gasoline complied 
                with subparagraph (A) or (B).
            ``(2) Controls.--
                    ``(A) 95 research octane number availability.--
                Effective January 1, 2027, any person that owns, 
                leases, operates, controls, or supervises--
                            ``(i) a retail outlet at which 200,000 or 
                        more gallons of gasoline were sold during 
                        calendar year 2024 or any subsequent calendar 
                        year, shall offer for sale motor vehicle 
                        gasoline of not less than 95 research octane 
                        number at that retail outlet; or
                            ``(ii) 6 or more retail outlets offering 
                        motor vehicle gasoline for sale, shall offer 
                        for sale motor vehicle gasoline of not less 
                        than 95 research octane number at not fewer 
                        than 60 percent of those retail outlets.
                    ``(B) 98 research octane number availability.--
                Effective January 1, 2032, any person that owns, 
                leases, operates, controls, or supervises--
                            ``(i) a retail outlet at which 200,000 or 
                        more gallons of gasoline were sold during 
                        calendar year 2030 or any subsequent calendar 
                        year, shall offer for sale motor vehicle 
                        gasoline of not less than 98 research octane 
                        number at that retail outlet; or
                            ``(ii) 6 or more retail outlets offering 
                        motor vehicle fuel for sale, shall offer for 
                        sale motor vehicle gasoline of not less than 98 
                        research octane number at no fewer than 60 
                        percent of those retail outlets.
    ``(b) Violations.--Any person that violates--
            ``(1) subsection (a)(1), (a)(2)(A)(i), or (a)(2)(B)(i) 
        shall be subject to a civil penalty of not more than $25,000 
        for each day on which the violation continues; and
            ``(2) subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) shall be 
        subject to a civil penalty of not more than $2,500 per day for 
        each retail outlet owned, leased, operated, controlled, or 
        supervised by that person.

``SEC. 266. REGULATIONS.

    ``The Administrator shall--
            ``(1) not later than 1 year after the date of enactment of 
        the Next Generation Fuels Act of 2023, propose regulations to 
        carry out this part; and
            ``(2) not later than 2 years after that date of enactment, 
        finalize regulations to carry out this part.

``SEC. 267. LIABILITY LIMITATION AND PREEMPTION.

    ``(a) Limitation of Liability.--A manufacturer of a motor vehicle, 
or a gasoline retailer, that is in compliance with the requirements of 
this part and the requirements of sections 203(e) and 206 of the 
Petroleum Marketing Practices Act, shall not be liable under any 
provision of this Act or any other Federal, State, or local law, 
including common law, for damages--
            ``(1) to or caused by a motor vehicle described in section 
        261(b); and
            ``(2) that would not have occurred but for the introduction 
        of gasoline with a research octane number required by this 
        part.
    ``(b) Preemption.--No State or any political subdivision of a State 
may adopt, continue in effect, or enforce, any provision of law or 
regulation--
            ``(1) requiring motor vehicles to operate using gasoline 
        with a certain octane content, or the corresponding design of 
        equipment for dispensing such gasoline into such motor 
        vehicles, unless the provision of that law or regulation is the 
        same as the corresponding provision under this part; or
            ``(2) limiting the concentration of ethanol in motor 
        vehicle gasoline.

``SEC. 268. CIVIL ACTIONS; ADMINISTRATIVE ASSESSMENT OF CERTAIN 
              PENALTIES.

    ``The provisions of subsections (b) and (c) of section 205 shall 
apply with respect to a violation of section 263 or 264 to the same 
extent and in the same manner as such provisions apply with respect to 
a violation of section 203(a)(3).''.

SEC. 4. OCTANE DISCLOSURE.

    (a) High-Efficiency Fuels.--Title II of the Petroleum Marketing 
Practices Act (15 U.S.C. 2821 et seq.) is amended by adding at the end 
the following:

``SEC. 206. HIGH-EFFICIENCY FUEL AND VEHICLE MARKETING REQUIREMENTS.

    ``(a) Rule.--The Federal Trade Commission shall, by rule, and in 
consultation with persons to be regulated under this section, consumer 
advocates, and other stakeholders, as appropriate--
            ``(1) prescribe or revise requirements under this title 
        relating to the certification, display, and representation of 
        the automotive fuel rating of an automotive fuel as necessary 
        to carry out--
                    ``(A) the requirement under subsection (b); and
                    ``(B) any determination made under subsection (c);
            ``(2) make the determination required under subsection (c); 
        and
            ``(3) prescribe requirements under subsection (d).
    ``(b) Requirement.--The Federal Trade Commission shall require 
that, for purposes of this title, beginning on the date that is 180 
days after the date on which the Federal Trade Commission issues a 
final rule under subsection (a), the automotive fuel rating of an 
automotive fuel with a research octane number of 95 or higher be 
determined only by the research octane number of such automotive fuel.
    ``(c) Labeling.--
            ``(1) In general.--The Federal Trade Commission shall 
        prescribe requirements--
                    ``(A) as the Federal Trade Commission determines 
                necessary with respect to a display at the point of 
                sale to ultimate purchasers of automotive fuel and a 
                display on a motor vehicle to--
                            ``(i) inform such ultimate purchaser of 
                        such automotive fuel and any purchaser or user 
                        of such motor vehicle that--
                                    ``(I) a model year 2028 or later 
                                motor vehicle is only warrantied to use 
                                automotive fuel with a research octane 
                                number of 95 or higher; and
                                    ``(II) a model year 2033 or later 
                                motor vehicle is only warrantied to use 
                                automotive fuel with a research octane 
                                number of 98 or higher;
                            ``(ii) provide a warning to such ultimate 
                        purchaser of such automotive fuel and any such 
                        purchaser or user of such motor vehicle, that 
                        the use of automotive fuel with a research 
                        octane number that--
                                    ``(I) is lower than 95 in a model 
                                year 2028 or later motor vehicle will 
                                result in reduced fuel economy, 
                                increased exhaust emissions, and 
                                possibly engine damage; and
                                    ``(II) is lower than 98 in a model 
                                year 2033 or later motor vehicle will 
                                result in reduced fuel economy, 
                                increased exhaust emissions, and 
                                possibly engine damage; and
                            ``(iii) inform such ultimate purchaser of 
                        such automotive fuel and any purchaser or user 
                        of such motor vehicle that--
                                    ``(I) a model year 2028 or later 
                                motor vehicle is warrantied to use 
                                gasoline containing up to and including 
                                25 percent ethanol by volume; and
                                    ``(II) a model year 2033 or later 
                                motor vehicle is warrantied to use 
                                gasoline containing up to and including 
                                30 percent ethanol by volume; and
                    ``(B) that are applicable to--
                            ``(i) a manufacturer of a new motor vehicle 
                        (or an entity making a representation in 
                        connection with the sale of such motor vehicle) 
                        with respect to a display on such motor 
                        vehicle; and
                            ``(ii) an automotive fuel retailer, with 
                        respect to a display at the point of sale to an 
                        ultimate purchaser of automotive fuel.
            ``(2) Considerations.--In prescribing requirements under 
        paragraph (1), the Federal Trade Commission shall ensure that 
        such requirements are designed to be--
                    ``(A) understandable to--
                            ``(i) the ultimate purchaser of automotive 
                        fuel; and
                            ``(ii) any purchaser or user of a model 
                        year 2028 or later motor vehicle; and
                    ``(B) cost effective for automotive fuel retailers.
    ``(d) Deadlines.--The Federal Trade Commission shall--
            ``(1) not later than January 1, 2026, issue a proposed rule 
        under subsection (a); and
            ``(2) not later than July 1, 2027, issue a final rule under 
        subsection (a).''.
    (b) Enforcement.--Section 203(e) of the Petroleum Marketing 
Practices Act (15 U.S.C. 2823(e)) is amended--
            (1) by striking ``or a rule prescribed'' and inserting ``a 
        rule prescribed''; and
            (2) by striking ``of such section.'' and inserting ``of 
        section 202, or a rule prescribed under section 206.''.
    (c) Table of Contents Amendment.--The table of contents for the 
Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended 
by inserting after the item relating to section 205 the following:

``Sec. 206. High-efficiency fuel and vehicle marketing requirements.''.

SEC. 5. ADVERTISEMENT OF PRICE OF HIGH-OCTANE AUTOMOTIVE FUEL.

    (a) In General.--It shall be unlawful for any person to sell or 
offer for sale, at retail, automotive fuel with a research octane 
number (as such terms are defined in section 201 of the Petroleum 
Marketing Practices Act (15 U.S.C. 2821)) of 95 or greater unless such 
person displays, in a manner specified in the rules promulgated under 
subsection (b), the total price per gallon of such fuel on any sign on 
which such person displays the price of the most-sold grade of 
automotive fuel of such person.
    (b) Rulemaking.--
            (1) In general.--Not later than 24 months after the date of 
        enactment of this Act, the Federal Trade Commission shall 
        promulgate, in accordance with section 553 of title 5, United 
        States Code, any rules necessary for the implementation and 
        enforcement of this section.
            (2) Contents.--Such rules--
                    (A) shall define ``retail'' and ``most-sold'' for 
                the purposes of this section;
                    (B) shall specify the manner in which the price of 
                automotive fuel with a research octane number of 95 or 
                greater must be displayed in order to comply with 
                subsection (a); and
                    (C) shall be consistent with the requirements for 
                declaring unfair acts or practices in section 5(n) of 
                the Federal Trade Commission Act (15 U.S.C. 45(n)).
    (c) Enforcement.--A violation of subsection (a) shall be treated as 
a violation of a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall 
enforce this section in the same manner, by the same means, and with 
the same jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 
et seq.) were incorporated into and made part of this section.

SEC. 6. E40 RETAIL INFRASTRUCTURE STANDARD.

    Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is 
amended by adding at the end the following:
    ``(k) E40-Compatible Retail Infrastructure Systems.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Automotive fuel.--The term `automotive fuel' 
                has the meaning given the term in section 201 of the 
                Petroleum Marketing Practices Act (15 U.S.C. 2821).
                    ``(B) Compatible.--The term `compatible' means, to 
                the extent feasible, certified by a nationally 
                recognized testing laboratory recognized by the 
                Occupational Safety and Health Administration in 
                accordance with section 1910.7 of title 29, Code of 
                Federal Regulations (or any successor regulations) to 
                maintain system performance throughout the operational 
                life of the dispenser system.
                    ``(C) Dispenser system.--The term `dispenser 
                system' has the meaning given the term in section 
                280.12 of title 40, Code of Federal Regulations (as in 
                effect on the date of enactment of this subsection).
            ``(2) Performance standards.--The Administrator shall, not 
        later than January 1, 2026, issue or revise, as necessary, 
        performance standards for underground storage tank systems and 
        dispenser systems that are brought into use on or after January 
        1, 2026, to require that those systems be compatible with 
        automotive fuel consisting of gasoline and at least 40 percent 
        ethanol by volume.
            ``(3) Compatibility.--An owner or operator may demonstrate 
        the compatibility of an underground storage tank system with 
        automotive fuel containing any concentration of ethanol through 
        the use of a secondary containment system that is able--
                    ``(A) to contain regulated substances leaked from 
                the primary containment system until the regulated 
                substances are detected and removed; and
                    ``(B) to prevent the release of regulated 
                substances to the environment at any time during the 
                operational life of the underground storage tank 
                system.''.

SEC. 7. REGISTRATION TESTING, REID VAPOR PRESSURE, AND SUBSTANTIALLY 
              SIMILAR WAIVERS.

    (a) Registration Testing Waiver.--Section 211(e) of the Clean Air 
Act (42 U.S.C. 7545(e)) is amended by adding at the end the following:
    ``(4) Fuels consisting of gasoline and no more than 30 percent 
ethanol by volume that meet the requirements of subsection (f)(3) shall 
be deemed--
            ``(A) to have satisfied any testing regulations promulgated 
        under this subsection; and
            ``(B) to be immediately eligible for registration under 
        subsection (b) without further testing.''.
    (b) Reid Vapor Pressure Waiver.--
            (1) Existing waivers.--Section 211(f)(4) of the Clean Air 
        Act (42 U.S.C. 7545(f)(4)) is amended--
                    (A) by striking ``(4) The Administrator, upon'' and 
                inserting the following:
            ``(4) Waivers.--
                    ``(A) In general.--The Administrator, on'';
                    (B) in subparagraph (A) (as so designated)--
                            (i) in the first sentence--
                                    (I) by striking ``of this 
                                subsection'' each place it appears; and
                                    (II) by striking ``if he 
                                determines'' and inserting ``if the 
                                Administrator determines''; and
                            (ii) in the second sentence--
                                    (I) by striking ``such an 
                                application'' and inserting ``an 
                                application described in subparagraph 
                                (A)''; and
                                    (II) by striking ``The 
                                Administrator'' and inserting the 
                                following:
                    ``(B) Final action.--The Administrator''; and
                    (C) by adding at the end the following:
                    ``(C) Reid vapor pressure.--A fuel or fuel additive 
                may be introduced into commerce if--
                            ``(i)(I) the Administrator determines that 
                        the fuel or fuel additive is substantially 
                        similar to a fuel or fuel additive utilized in 
                        the certification of any model year vehicle 
                        pursuant to paragraph (1)(A); or
                                    ``(II) the fuel or fuel additive 
                                has been granted a waiver under 
                                subparagraph (A) and meets all of the 
                                conditions of that waiver other than 
                                any limitation of the waiver with 
                                respect to the Reid Vapor Pressure of 
                                the fuel or fuel additive; and
                            ``(ii) the fuel or fuel additive meets all 
                        other applicable Reid Vapor Pressure 
                        requirements under subsection (h).''.
            (2) Reid vapor pressure limitation.--Section 211(h) of the 
        Clean Air Act (42 U.S.C. 7545(h)) is amended--
                    (A) by striking ``vapor pressure'' each place it 
                appears and inserting ``Vapor Pressure'';
                    (B) in paragraph (4), in the matter preceding 
                subparagraph (A), by inserting ``or more'' after ``10 
                percent''; and
                    (C) in paragraph (5)(A)--
                            (i) by striking ``Upon notification, 
                        accompanied by'' and inserting ``On receipt of 
                        a notification that is submitted before January 
                        1, 2022, or after the date of enactment of the 
                        Next Generation Fuels Act of 2023, and is 
                        accompanied by appropriate''; and
                            (ii) by inserting ``or more'' after ``10 
                        percent''.
    (c) Substantially Similar Waiver.--Section 211(f) of the Clean Air 
Act (42 U.S.C. 7545(f)) is amended--
            (1) by striking the subsection designation and all that 
        follows through ``Effective upon'' in subparagraph (B) and 
        inserting the following:
    ``(f)(1) Effective upon'';
            (2) by striking paragraph (3) and inserting the following:
    ``(3) Fuels consisting of gasoline and ethanol may be introduced 
into commerce under this subsection for use in motor vehicles described 
in section 261(b), provided that the finished fuel--
            ``(A) does not exceed the warranted ethanol levels 
        described in section 263(a);
            ``(B) meets the physical and chemical criteria specified by 
        ASTM International Standard D4814-20 for gasoline with 15 
        percent ethanol; and
            ``(C) consists solely of carbon, hydrogen, oxygen, and 
        sulfur, excepting any impurities present at trace levels that 
        are gaseous upon combustion.''; and
            (3) in subparagraph (A) of paragraph (4) (as designated by 
        subsection (b)(1)(A)), in the first sentence, by striking ``or 
        (3)''.

SEC. 8. CLEAN OCTANE STANDARD.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1), by striking ``or (o)'' each 
                place it appears and inserting ``(o), or (w)''; and
                    (B) in paragraph (2), by striking ``and (o)'' each 
                place it appears and inserting ``(o), and (w)''; and
            (2) by adding at the end the following:
    ``(w) Clean Octane Standard.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Baseline lifecycle greenhouse gas 
                emissions.--The term `baseline lifecycle greenhouse gas 
                emissions' means the average lifecycle greenhouse gas 
                emissions, as determined by the Administrator, in 
                consultation with the Director of the Argonne National 
                Laboratory, for unblended gasoline sold or distributed 
                as transportation fuel in 2023.
                    ``(B) Lifecycle greenhouse gas emissions.--The term 
                `lifecycle greenhouse gas emissions' means the 
                aggregate quantity of greenhouse gas emissions as 
                determined by the Secretary of Energy using the most 
                recent version of the Argonne National Laboratory 
                Greenhouse gases, Regulated Emissions, and Energy use 
                in Technologies (GREET) model.
                    ``(C) Research octane number.--The term `research 
                octane number' has the meaning given the term in 
                section 201 of the Petroleum Marketing Practices Act 
                (15 U.S.C. 2821).
            ``(2) Aromatics.--
                    ``(A) Annual average limitation.--Effective 
                beginning on January 1, 2027, it shall be unlawful for 
                refiners or importers to sell motor vehicle gasoline 
                that contains, on an average annual basis, an aromatic 
                hydrocarbon concentration in excess of 17.5 percent by 
                volume.
                    ``(B) 2027 cap.--Effective beginning on January 1, 
                2027, it shall be unlawful for refiners or importers to 
                sell motor vehicle gasoline that contains an aromatic 
                hydrocarbon concentration in excess of 30 percent by 
                volume.
                    ``(C) 2032 cap.--Effective beginning on January 1, 
                2032, it shall be unlawful for refiners or importers to 
                sell motor vehicle gasoline that contains an aromatic 
                hydrocarbon content in excess of 25 percent by volume.
                    ``(D) Oxygenate adjustment for gasoline 
                blendstock.--
                            ``(i) In general.--For purposes of 
                        compliance with this paragraph, the aromatics 
                        volume of motor vehicle gasoline produced as 
                        blendstock for oxygenate blending may be 
                        adjusted based on the specified type and amount 
                        of oxygenate required to be added downstream.
                            ``(ii) Requirements.--Any adjustment under 
                        clause (i) shall be made through--
                                    ``(I) the preparation of a hand 
                                blend containing oxygenate; or
                                    ``(II) any other method deemed 
                                acceptable to the Administrator.
                    ``(E) Regulations.--
                            ``(i) In general.--The Administrator shall 
                        promulgate regulations to implement this 
                        paragraph.
                            ``(ii) Contents.--Regulations promulgated 
                        under clause (i) shall allow for the generation 
                        of tradeable credits to meet the requirement of 
                        subparagraph (A), but any credits shall expire 
                        after not more than 5 years.
                            ``(iii) Initial regulations.--Not later 
                        than January 1, 2027, the Administrator shall 
                        promulgate final regulations under clause (i).
            ``(3) Low-carbon octane.--
                    ``(A) Prohibition.--Effective beginning on January 
                1, 2027, no refiner or importer shall introduce into 
                commerce motor vehicle gasoline with a research octane 
                number of 95 or higher except through the use of a fuel 
                additive that has average lifecycle greenhouse gas 
                emissions that (as determined by the Secretary of 
                Energy using the most recent version of the Argonne 
                National Laboratory Greenhouse gases, Regulated 
                Emissions, and Energy use in Technologies (GREET) 
                model) are at least 40 percent less than baseline 
                lifecycle greenhouse gas emissions.
                    ``(B) Regulations.--
                            ``(i) In general.--The Administrator shall 
                        promulgate regulations to implement this 
                        paragraph.
                            ``(ii) Contents.--Regulations promulgated 
                        under clause (i) shall--
                                    ``(I) determine the baseline 
                                lifecycle greenhouse gas emissions for 
                                purposes of this paragraph;
                                    ``(II) determine the average 
                                lifecycle greenhouse gas emissions of 
                                sources of octane value for purposes of 
                                this paragraph; and
                                    ``(III) ensure that the 
                                requirements of this paragraph are met.
                            ``(iii) Initial regulations.--Not later 
                        than January 1, 2026, the Administrator shall 
                        promulgate final regulations under clause 
                        (i).''.

SEC. 9. NEW FUEL EFFECTS STUDY.

    (a) Fuel Effects Study.--
            (1) Study required.--Subject to subsection (b), the 
        Administrator of the Environmental Protection Agency (referred 
        to in this section as the ``Administrator'') shall carry out a 
        study of the emissions effects of ethanol-blended fuels in 
        light-duty vehicles and light-duty trucks, for the purpose of 
        updating the Motor Vehicle Emission Simulator modeling system.
            (2) Requirements.--In designing and conducting the study 
        under paragraph (1), the Administrator shall--
                    (A) select test fuels that--
                            (i) reflect a range of ethanol 
                        concentrations between 0 and at least 25 
                        percent by volume; and
                            (ii) are representative of fuels that are 
                        widely available on the date of enactment of 
                        this Act or reasonably could be available 
                        regionally or nationally, taking into account 
                        fuel refinery operations and economics, 
                        including the cost of reformate;
                    (B) select test vehicles that are representative of 
                vehicles of recent model years as of the date of 
                enactment of this Act that include relevant 
                technologies that are, or reasonably may come to be, in 
                widespread use;
                    (C) measure emission products of combustion 
                including, at a minimum--
                            (i) particulate matter of 2.5 micrometers 
                        in diameter or less;
                            (ii) ultrafine particulate matter of 0.1 
                        micrometers in diameter or less;
                            (iii) nitrogen oxides;
                            (iv) total hydrocarbons;
                            (v) nonmethane organic gas;
                            (vi) carbon monoxide;
                            (vii) benzene;
                            (viii) toluene;
                            (ix) ethylbenzene;
                            (x) xylene;
                            (xi) 1,3-butadiene;
                            (xii) ethanol; and
                            (xiii) polycyclic aromatic hydrocarbons, 
                        including at a minimum benzo(a)pyrene;
                    (D) measure the tendency of measured emissions to 
                form secondary organic aerosols and any other relevant 
                secondary air pollution; and
                    (E) consult with the Secretary of Energy, the 
                Secretary of Agriculture, and the Secretary of 
                Transportation (or their delegates).
    (b) Certification by Secretary of Energy.--The Administrator 
shall--
            (1) provide the proposed design of the study under 
        subsection (a) to the Secretary of Energy for review; and
            (2) not commence the study under subsection (a) until the 
        Secretary of Energy certifies in writing that the design of the 
        study complies with the requirements of subsection (a).

SEC. 10. DUAL-FUELED AUTOMOBILE DEFAULT UTILIZATION FACTOR.

    (a) In General.--Section 32905 of title 49, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) Dual-Fueled Automobiles.--
            ``(1) Fuel economy.--Except as provided in subsection (d) 
        or section 32904(a)(2)--
                    ``(A) for any model of dual-fueled automobile 
                manufactured by a manufacturer in model years 1993 
                through 2020, the Administrator of the Environmental 
                Protection Agency shall measure the fuel economy for 
                that model by dividing 1.0 by the sum of--
                            ``(i) 0.5 divided by the fuel economy 
                        measured under section 32904(c) when operating 
                        the model on gasoline or diesel fuel; and
                            ``(ii) 0.5 divided by the fuel economy--
                                    ``(I) measured under subsection (a) 
                                when operating the model on alternative 
                                fuel; or
                                    ``(II) measured based on the fuel 
                                content of B20 when operating the model 
                                on B20, which is deemed to contain 0.15 
                                gallon of fuel; and
                    ``(B) subject to paragraph (3), for any model of 
                dual-fueled automobile manufactured by a manufacturer 
                in model year 2023 or later, the Administrator of the 
                Environmental Protection Agency shall measure the fuel 
                economy for that model by dividing 1.0 by the sum of--
                            ``(i) 0.79 divided by the fuel economy 
                        measured under section 32904(c) when operating 
                        the model on gasoline or diesel fuel; and
                            ``(ii) 0.21 divided by the fuel economy 
                        measured under subsection (a) when operating 
                        the model on alternative fuel, which is deemed 
                        to contain 0.15 gallon of fuel.
            ``(2) Greenhouse gas emissions.--For any model of dual-
        fueled automobile manufactured by a manufacturer in model year 
        2023 or later, the Administrator of the Environmental 
        Protection Agency shall measure the greenhouse gas emissions 
        for that model, which shall be the sum obtained by adding--
                    ``(A) the product obtained by multiplying--
                            ``(i) the measured greenhouse gas emissions 
                        on the alternative fuel;
                            ``(ii) the fuel content of the alternative 
                        fuel, which is deemed to be 0.15; and
                            ``(iii) 0.21; and
                    ``(B) the product obtained by multiplying 0.79 and 
                the measured greenhouse gas emissions on gasoline or 
                diesel fuel, as applicable.
            ``(3) Higher utilization factor for new models.--A 
        manufacturer may demonstrate that a higher utilization factor 
        applies to any model of dual-fueled automobile manufactured by 
        the manufacturer in model year 2025 or later.''.
    (b) Testing Procedures.--Section 206 of the Clean Air Act (42 
U.S.C. 7525) is amended by adding at the end the following:
    ``(i) Requirement To Update Test Procedures.--Not later than July 
1, 2024, the Administrator shall amend the test procedures promulgated 
under this section to be in accordance with section 32905(b)(1)(B) of 
title 49, United States Code.''.

SEC. 11. TRANSFERS OF CREDITS FOR EXCEEDING AVERAGE FUEL ECONOMY 
              STANDARDS.

     Section 32903(g) of title 49, United States Code, is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Maximum increase.--The maximum increase in any 
        compliance category attributable to transferred credits is--
                    ``(A) for model year 2023, 4.0 miles per gallon; 
                and
                    ``(B) for model year 2024 and subsequent model 
                years, 6.0 miles per gallon.''.
                                 &lt;all&gt;
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