LEVEL Act

To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes. 1. Short title This Act may be cited as the Leave Ethanol Volumes at Existing Levels Act LEVEL Act 2. Repeal of expansion of Renewable Fuel Program (a) Definitions Section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) (1) Definitions In this section: (A) Cellulosic biomass ethanol The term cellulosic biomass ethanol (i) dedicated energy crops and trees; (ii) wood and wood residues; (iii) plants; (iv) grasses; (v) agricultural residues; (vi) fibers; (vii) animal wastes and other waste materials; and (viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. (B) Waste derived ethanol The term waste derived ethanol (i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or (ii) municipal solid waste. (C) Renewable fuel (i) In general The term renewable fuel (I) (aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or (bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and (II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (ii) Inclusion The term renewable fuel includes— (I) cellulosic biomass ethanol and waste derived ethanol; and (II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 ( 42 U.S.C. 13220(f) (D) Small refinery The term small refinery . (b) Renewable fuel program Paragraph (2) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(2) (1) Regulations Clause (i) of subparagraph (A) is amended by striking the last sentence. (2) Applicable volumes of renewable fuel Subparagraph (B) is amended to read as follows: (B) Applicable volume For the purpose of subparagraph (A), the applicable volume of renewable fuel for each calendar year shall be 7,500,000,000 gallons. . (c) Applicable percentages Paragraph (3) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(3) (1) In subparagraph (A), by striking each of calendar years 2005 through 2021 each calendar year (2) In subparagraph (A), by striking transportation fuel, biomass-based diesel, and cellulosic biofuel gasoline (3) In subparagraph (B)(i), by striking each of calendar years 2005 through 2021 each calendar year (4) In subparagraph (B), by striking transportation fuel gasoline (d) Cellulosic biomass ethanol or waste derived ethanol Paragraph (4) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(4) (4) Cellulosic biomass ethanol or waste derived ethanol For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel. . (e) Credit program Paragraph (5) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(5) (f) Waivers (1) In general Paragraph (7) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) (A) in subparagraph (A), by striking , by any person subject to the requirements of this subsection, or by the Administrator on his own motion (B) by inserting State petition for a waiver (2) Cellulosic biofuel Paragraph (7) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) (3) Biomass-based diesel Paragraph (7) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) (g) Periodic Reviews Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) (h) Savings clause Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) (i) Regulations Section 211 of the Clean Air Act ( 42 U.S.C. 7545 (j) Other provisions (1) Environmental and resource conservation impacts Section 204(b) of the Energy Independence and Security Act of 2007 ( Public Law 110–140 (2) Effective date, savings provision, and transition rules Section 210 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 (k) Effective date The amendments made by this section shall take effect on January 1 of the first calendar year following the date of enactment of this Act. (l) Estimates for first calendar year Prior to January 1 of the first calendar year following the date of enactment of this Act— (1) the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate, under section 211(o)(3) of the Clean Air Act, as amended by this Act, with respect to such calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States; and (2) based on the estimate provided under paragraph (1), the Administrator of the Environmental Protection Agency shall determine and publish in the Federal Register, with respect to such calendar year, the renewable fuel obligation for such calendar year under section 211(o)(3) of the Clean Air Act, as amended by this Act. 3. Prohibition of authorization of higher ethanol blends (a) Prohibition Notwithstanding any provision of the Clean Air Act ( 42 U.S.C. 7401 42 U.S.C. 7545(f)(4) (1) contains greater than 10-volume-percent ethanol; (2) is intended for general use in conventional gasoline-powered onroad or nonroad vehicles or engines; and (3) is not, on or before the date of enactment of this Act— (A) registered in accordance with section 211(b) of such Act ( 42 U.S.C. 7545(b) (B) lawfully sold in the United States. (b) Repeal of existing waivers (1) In general Any waiver described in paragraph (2) is repealed and shall have no force or effect. (2) Waiver A waiver described in this paragraph— (A) is a waiver granted pursuant to section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) (B) includes the following: (i) Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator (ii) Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator (3) Exception Paragraph (1) shall not apply with respect to a waiver to the extent such waiver permits or authorizes the introduction into commerce of gasoline— (A) that is described in paragraph (2)(A); and (B) that is, on or before the date of enactment of this Act— (i) registered in accordance with section 211(b) of the Clean Air Act ( 42 U.S.C. 7545(b) (ii) lawfully sold in the United States. (c) Study Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on— (1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (b)(2)(A) on consumer products, including— (A) onroad and nonroad vehicles; (B) nonroad engines (such as lawn mowers); and (C) any other applicable gasoline-powered vehicles, engines, and devices; (2) the impact of an ethanol-gasoline blend described in subsection (b)(2)(A) on— (A) engine performance of conventional gasoline-powered onroad and nonroad vehicles and nonroad engines; (B) emissions from the use of the blend; and (C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); and (3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers.

Summary: Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act This bill revises the renewable fuel program, including the renewable fuel standard (RFS). Under current law, the RFS specifies the minimum volume of renewable fuel, such as ethanol, that must be contained in gasoline sold in the United States. The RFS annually increases until 2022 when a minimum of 36 billion gallons of renewable fuel must be blended into gasoline. The bill decreases the volume of renewable fuel that must be contained in gasoline to 7.5 billion gallons each year. The bill also revises the RFS to eliminate separate volume requirements for the following renewable fuel categories: advanced biofuels, cellulosic biofuel, and biomass-based diesel. In addition, the bill revises requirements concerning waivers from the program. Petitions for waivers from requirements under the renewable fuel program may not be brought by a person who is subject to the requirements of the program, nor by the EPA on its own motion. The EPA may not authorize the sale of gasoline that contains greater than 10% ethanol, unless the gasoline was registered under the program and lawfully sold in the United States before this bill's enactment. The EPA must study the effects of gasoline that contains greater than 10% ethanol, including the effects on consumer products, such as nonroad vehicles.