RFS Reform Act of 2017

To amend the Clean Air Act to eliminate certain requirements under the renewable fuel program, to prohibit the Administrator of the Environmental Protection Agency from approving the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol, and for other purposes. 1. Short title This Act may be cited as the RFS Reform Act of 2017 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Renewable Fuel Standard Amendments Sec. 101. Amendments to the Clean Air Act. Sec. 102. Cellulosic biofuel requirement based on actual production. Sec. 103. Applicability and regulations. Title II—Gasoline containing greater than 10-volume-percent ethanol Sec. 201. Prohibition of gasoline blends with greater than 10-volume-percent ethanol. Sec. 202. Prohibition of waivers. Sec. 203. Misfueling rule. I Renewable Fuel Standard Amendments 101. Amendments to the Clean Air Act (a) Revised definition of renewable fuel (1) In general Section 211(o)(1)(J) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(J) (J) Renewable fuel The term renewable fuel (i) is produced from renewable biomass; (ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and (iii) beginning on January 1, 2017, is advanced biofuel. . (2) Conforming amendment Section 211(o)(1)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(B)(i) renewable fuel fuel described in clauses (i) and (ii) of subparagraph (J) (b) Applicable volumes Section 211(o)(2)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B)(i) (1) in the table in subclause (I)— (A) by striking 24.0 9.0 (B) by striking 26.0 11.0 (C) by striking 28.0 13.0 (D) by striking 30.0 15.0 (E) by striking 33.0 18.0 (F) by striking 36.0 21.0 (2) in subclause (II)— (A) in the matter preceding the table, by striking 2022 2016 (B) in the table, by striking the items relating to calendar years 2017 through 2022; (3) in subclause (III), by striking of the volume of advanced biofuel required under subclause (II) of the volume of advanced biofuel required for calendar years 2010 through 2016 under subclause (II), as in effect on the day before the date of enactment of the RFS Reform Act of 2017 (4) in subclause (IV), by inserting , as in effect on the day before the date of enactment of the RFS Reform Act of 2017 of the volume of advanced biofuel required under subclause (II) (c) Conforming amendments (1) Other calendar years Section 211(o)(2)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B) (A) in clause (ii)(III), by striking advanced biofuels in each category (cellulosic biofuel and biomass-based diesel) cellulosic biofuel and biomass-based diesel (B) by striking clause (iii); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Applicable percent reduction level Section 211(o)(4) of the Clean Air Act ( 42 U.S.C. 7545(o)(4) (A) in subparagraph (E), by striking 20, 50, or 60 percent reduction levels applicable percent reduction level (B) in subparagraph (F), by inserting (if applicable) (2)(A)(i) (3) Waivers Section 211(o)(7) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) (A) in subparagraph (D)(i), by inserting , if such year is before 2017, advanced biofuels (B) in subparagraph (E)(ii), by inserting , if such year is before 2017, advanced biofuels 102. Cellulosic biofuel requirement based on actual production (a) Provision of estimate of volumes of cellulosic biofuel Section 211(o)(3)(A) of the Clean Air Act ( 42 U.S.C. 7545(o)(3)(A) (1) by inserting (i) Not later than (2) by adding at the end the following new clause: (ii) (I) In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall— (aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the current calendar year (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and (bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year— (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. (II) An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year. . (b) Reduction in applicable volume Section 211(o)(7)(D)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(D)(i) (1) striking based on the using the exact (2) striking may also reduce shall also reduce (3) striking by the same or a lesser volume by the same volume 103. Applicability and regulations The amendments made by this title to section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) II Gasoline containing greater than 10-volume-percent ethanol 201. Prohibition of gasoline blends with greater than 10-volume-percent ethanol Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) 202. Prohibition of waivers (a) In general Any waiver granted under section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) (b) Certain waivers The waivers described in subsection (a) include the following: (1) The waiver entitled, 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 (2) The waiver entitled, 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 203. Misfueling rule The portions of the rule entitled, Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs

Summary: RFS Reform Act of 2017 This bill amends the Clean Air Act to revise the renewable fuel standard program. Beginning in 2017, the renewable fuel that is required to be blended into gasoline must be advanced biofuel, which cannot be ethanol derived from corn starch. This bill revises the renewable fuel standards by decreasing the total volume of renewable fuel that must be contained in gasoline sold or introduced into commerce for years 2017 through 2022. The Environmental Protection Agency (EPA) must determine the target amount of cellulosic biofuel to be blended into transportation fuel based on the actual volume of cellulosic biofuel produced in the current year. The EPA must reduce the required volume of renewable fuel in transportation fuel by the same volume of cellulosic biofuel in the fuel. The EPA may not allow gasoline containing greater than 10% ethanol by volume to be introduced into commerce. Waivers that allow gasoline containing a greater percentage of ethanol are nullified.