RFS Reform Act of 2013

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 2013 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. Reduction in applicable volume of renewable fuel corresponding to certain reductions in applicable volume of biomass-based diesel. Sec. 104. 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)) is amended to read as follows: (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, 2014, 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)) is amended by striking 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)) is amended— (1) in the table in subclause (I)— (A) by striking 18.15 3.75 (B) by striking 20.5 5.5 (C) by striking 22.25 7.25 (D) by striking 24.0 9.0 (E) by striking 26.0 11.0 (F) by striking 28.0 13.0 (G) by striking 30.0 15.0 (H) by striking 33.0 18.0 (I) by striking 36.0 21.0 (2) in subclause (II)— (A) in the matter preceding the table, by striking 2022 2013 (B) in the table, by striking the items relating to calendars years 2014 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 2013 under subclause (II), as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I) (4) in subclause (IV), by inserting , as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act 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)) is amended— (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 2014, advanced biofuels (B) in subparagraph (E)(ii), by inserting , if such year is before 2014, 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. Reduction in applicable volume of renewable fuel corresponding to certain reductions in applicable volume of biomass-based diesel Section 211(o)(7)(E)(ii) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(E)(ii) may also reduce shall reduce 104. 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)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. 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 2013 - Amends the Clean Air Act to revise the renewable fuel program. Requires "renewable fuel," beginning on January 1, 2014, to be advanced biofuel. Revises the renewable fuel standards by: (1) decreasing the volume of renewable fuel that is required to be contained in gasoline sold or introduced into commerce in the United States in 2014 through 2022; and (2) eliminating the separate advanced biofuel volume requirements for those years. Requires the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel production in the next year, to determine for each cellulosic biofuel production facility: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31 of the current year, and (2) the estimated annualized volume of biofuel production for such facility for the current year. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. Prohibits the Administrator of the Environmental Protection Agency (EPA) from allowing the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. Nullifies waivers from requirements for new fuels and fuel additives that were granted before this Act's enactment and that allow the introduction of such gasoline for use in motor vehicles. Nullifies 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."