I 
116TH CONGRESS 
1ST SESSION H. R. 4385 
To amend section 211(o) of the Clean Air Act to adjust the renewable 
fuel obligation to account for the full volume of gasoline and diesel 
produced by small refineries that are exempt under paragraph (9), and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2019 
Mr. RODNEY DAVIS of Illinois (for himself, Mr. MARSHALL, Mr. BOST, Mr. 
LAHOOD, Mr. KINZINGER, Mr. CASTEN of Illinois, Mr. COMER, Mr. KING 
of Iowa, Mr. BACON, Mr. FORTENBERRY, Mr. GRAVES of Missouri, and 
Mr. WATKINS) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend section 211(o) of the Clean Air Act to adjust 
the renewable fuel obligation to account for the full vol-
ume of gasoline and diesel produced by small refineries 
that are exempt under paragraph (9), and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Refinery Exemp-
tion Fairness Act of 2019’’. 
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SEC. 2. ACCOUNTING FOR FULL VOLUME OF GASOLINE 
AND 
DIESEL 
PRODUCED 
BY 
EXEMPTED 
SMALL REFINERIES. 
(a) IN GENERAL.—Section 211(o)(3) of the Clean 
Air Act (42 U.S.C. 7545(o)(3)) is amended— 
(1) in subparagraph (C)— 
(A) in clause (i), by striking ‘‘and’’ at the 
end; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) to account for the full average 
annual volume of gasoline and diesel pro-
duced during the previous three calendar 
years by small refineries exempt under 
paragraph (9).’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) CALCULATION
METHOD.—For pur-
poses of subparagraph (C)(iii), the Adminis-
trator shall calculate the full average annual 
volume of gasoline and diesel produced during 
the previous three calendar years by small re-
fineries exempt under paragraph (9) by— 
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‘‘(i) determining the total volume of 
gasoline and diesel produced during the 
previous three calendar years by such 
small refineries; and 
‘‘(ii) dividing such total volume by 
three.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies to the renewable fuel obligation under 
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) 
beginning with calendar year 2020. Section 211(o) of such 
Act, as in effect before the amendment made by subsection 
(a), shall continue to apply with respect to calendar years 
before calendar year 2020. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion and the amendment made by this section shall be con-
strued to set or require a minimum number of exemptions 
for small refineries under section 211(o) of the Clean Air 
Act (42 U.S.C. 7545(o)) with respect to any calendar 
year. 
Æ 
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