I 
115TH CONGRESS 
1ST SESSION H. R. 4364 
To authorize the Administrator of the Environmental Protection Agency, 
at the request of a Governor of a State, to waive the reformulated 
gasoline prohibitions and requirements under section 211(k) of the Clean 
Air Act with respect to the State or a portion of the State if the 
Administrator determines that the price of gasoline is excessively high. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2017 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To authorize the Administrator of the Environmental Protec-
tion Agency, at the request of a Governor of a State, 
to waive the reformulated gasoline prohibitions and re-
quirements under section 211(k) of the Clean Air Act 
with respect to the State or a portion of the State 
if the Administrator determines that the price of gasoline 
is excessively high. 
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 ‘‘RFG Modernization 
Act of 2017’’. 
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SEC. 2. WAIVER OF REFORMULATED GASOLINE REQUIRE-
MENTS WHERE THE PRICE OF GASOLINE IS 
EXCESSIVELY HIGH. 
(a) IN GENERAL.—Subsection (k) of section 211 of 
the Clean Air Act (42 U.S.C. 7545) is amended— 
(1) by redesignating paragraph (10) as para-
graph (11); and 
(2) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) WAIVERS.— 
‘‘(A) IN GENERAL.—At the request of the 
Governor of a State, the Administrator may 
waive the prohibitions and requirements other-
wise applicable under this subsection with re-
spect to the State or a portion of a State if the 
Administrator determines that the price of gas-
oline in such State or portion is excessively 
high. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination described in subparagraph (A), the 
Administrator shall consider— 
‘‘(i) the price of a gallon of conven-
tional gasoline, the price of a gallon of re-
formulated gasoline, and the difference be-
tween the two, both in raw dollars and as 
a percentage, in such State or portion; and 
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‘‘(ii) such other factors as the Admin-
istrator determines appropriate. 
‘‘(C) PROCESS.—On receipt of a request 
from a Governor for a waiver under subpara-
graph (A), the Administrator shall— 
‘‘(i) issue such waiver if the Adminis-
trator finds that the standard described in 
subparagraph (A) is met; or 
‘‘(ii) publish an explanation of why 
such standard is not met. 
‘‘(D) DURATION; 
RENEWAL.—A waiver 
under this paragraph— 
‘‘(i) shall be for a period of not more 
than 42 days; and 
‘‘(ii) may be renewed.’’. 
(b) TECHNICAL CORRECTION.—Subparagraphs (E) 
and (F) of section 211(k)(11) of the Clean Air Act, as 
redesignated by subsection (a), are amended by moving 
the margins of such subparagraphs 2 ems to the right. 
Æ 
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