I 
119TH CONGRESS 
1ST SESSION H. R. 1346 
To amend the Clean Air Act with respect to the ethanol waiver for Reid 
Vapor Pressure under that Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2025 
Mr. SMITH of Nebraska (for himself, Ms. CRAIG, Mr. JOHNSON of South Da-
kota, Ms. BUDZINSKI, Mrs. MILLER-MEEKS, Ms. DAVIDS of Kansas, Mr. 
FLOOD, Mr. BOST, Mr. MILLER of Ohio, Mrs. MILLER of Illinois, Mr. 
FINSTAD, Mr. ESTES, Mr. LAHOOD, Mr. MOORE of Utah, Mr. VAN 
ORDEN, Mr. NUNN of Iowa, Mr. SORENSEN, Ms. KELLY of Illinois, Mr. 
ALFORD, Mr. TAYLOR, Mr. FEENSTRA, Mr. MANN, Mrs. HINSON, Mrs. 
FISCHBACH, Mr. BACON, Mr. SCHMIDT, Mr. GUEST, Mr. CLEAVER, Ms. 
MCDONALD RIVET, and Mr. DAVIS of North Carolina) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend the Clean Air Act with respect to the ethanol 
waiver for Reid Vapor Pressure under that Act, 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 ‘‘Nationwide Consumer 
and Fuel Retailer Choice Act of 2025’’. 
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SEC. 2. NATIONWIDE CONSUMER AND FUEL RETAILER 
CHOICE ACT OF 2024. 
(a) ETHANOL WAIVER.— 
(1) EXISTING WAIVERS.—Section 211(f)(4) of 
the Clean Air Act (42 U.S.C. 7545(f)(4)) is amend-
ed— 
(A) by striking ‘‘(4) The Administrator, 
upon’’ and inserting the following: 
‘‘(4) WAIVERS.— 
‘‘(A) IN
GENERAL.—The Administrator, 
on’’; 
(B) in subparagraph (A) (as so des-
ignated)— 
(i) in the first sentence— 
(I) by striking ‘‘of this sub-
section’’ each place it appears; and 
(II) by striking ‘‘if he deter-
mines’’ and inserting ‘‘if the Adminis-
trator determines’’; and 
(ii) in the second sentence, by striking 
‘‘The Administrator’’ and inserting the fol-
lowing: 
‘‘(B) 
FINAL
ACTION.—The 
Adminis-
trator’’; and 
(C) by adding at the end the following: 
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‘‘(C) REID VAPOR PRESSURE.—A fuel or 
fuel additive may be introduced into commerce 
if— 
‘‘(i)(I) the Administrator determines 
that the fuel or fuel additive is substan-
tially similar to a fuel or fuel additive uti-
lized in the certification of any model year 
vehicle pursuant to paragraph (1)(A); or 
‘‘(II) the fuel or fuel additive has been 
granted a waiver under subparagraph (A) 
and meets all of the conditions of that 
waiver other than any limitation of the 
waiver with respect to the Reid Vapor 
Pressure of the fuel or fuel additive; and 
‘‘(ii) the fuel or fuel additive meets all 
other applicable Reid Vapor Pressure re-
quirements under subsection (h).’’. 
(2) REID VAPOR PRESSURE LIMITATION.—Sec-
tion 211(h) of the Clean Air Act (42 U.S.C. 
7545(h)) is amended— 
(A) by striking ‘‘vapor pressure’’ each 
place it appears and inserting ‘‘Vapor Pres-
sure’’; 
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(B) in paragraph (4), in the matter pre-
ceding subparagraph (A), by striking ‘‘10 per-
cent’’ and inserting ‘‘10 to 15 percent’’; and 
(C) in paragraph (5)(A)— 
(i) by striking ‘‘Upon notification, ac-
companied by’’ and inserting ‘‘On receipt 
of a notification that is submitted after the 
date of enactment of the Nationwide Con-
sumer and Fuel Retailer Choice Act of 
2025, and is accompanied by appropriate’’; 
(ii) by striking ‘‘10 percent’’ and in-
serting ‘‘10 to 15 percent’’; and 
(iii) by adding at the end the fol-
lowing: ‘‘Upon the date of enactment of 
the Nationwide Consumer and Fuel Re-
tailer Choice Act of 2025, any State for 
which the notification from the Governor 
of a State was submitted before the date 
of enactment of the Nationwide Consumer 
and Fuel Retailer Choice Act of 2025 and 
to which the Administrator applied the 
Reid Vapor Pressure limitation established 
by paragraph (1) shall instead have the 
Reid Vapor Pressure limitation established 
by paragraph (4) apply to all fuel blends 
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containing gasoline and 10 to 15 percent 
denatured anhydrous ethanol that are sold, 
offered for sale, dispensed, supplied, of-
fered for supply, transported, or introduced 
into commerce in the area during the high 
ozone season.’’. 
(b) GENERATION OF CREDITS BY SMALL REFIN-
ERIES UNDER THE RENEWABLE FUEL PROGRAM.—Sec-
tion 211(o)(9) of the Clean Air Act (42 U.S.C. 
7545(o)(9)) is amended by adding at the end the fol-
lowing: 
‘‘(E) CREDITS GENERATED FOR 2016–2018 
COMPLIANCE YEARS.— 
‘‘(i) RULE.—For any small refinery 
described in clause (ii) or (iii), the credits 
described in the respective clause shall 
be— 
‘‘(I) returned to the small refin-
ery and, notwithstanding paragraph 
(5)(C), deemed eligible for future 
compliance years; or 
‘‘(II) applied as a credit in the 
EPA Moderated Transaction System 
(EMTS) account of the small refinery. 
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‘‘(ii) COMPLIANCE
YEARS
2016
AND 
2017.—Clause (i) applies with respect to 
any small refinery that— 
‘‘(I) retired credits generated for 
compliance years 2016 or 2017; and 
‘‘(II) submitted a petition under 
subparagraph (B)(i) for that compli-
ance year that remained outstanding 
as of December 1, 2022. 
‘‘(iii) COMPLIANCE
YEAR
2018.—In 
addition to small refineries described in 
clause (ii), clause (i) applies with respect 
to any small refinery— 
‘‘(I) that submitted a petition 
under subparagraph (B)(i) for compli-
ance year 2018 by September 1, 
2019; 
‘‘(II) that retired credits gen-
erated for compliance year 2018 as 
part of the compliance demonstration 
of the small refinery for compliance 
year 2018 by March 31, 2019; and 
‘‘(III) for which— 
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‘‘(aa) the petition remained 
outstanding as of December 1, 
2022; or 
‘‘(bb) the Administrator de-
nied the petition as of July 1, 
2022, and has not returned the 
retired credits as of December 1, 
2022.’’. 
Æ 
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