I 
118TH CONGRESS 
1ST SESSION H. R. 2434 
To promote low-carbon, high-octane fuels, to protect public health, and to 
improve vehicle efficiency and performance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2023 
Mrs. MILLER-MEEKS (for herself, Ms. BUDZINSKI, Mr. LAHOOD, Ms. CRAIG, 
Mr. FEENSTRA, Mr. NUNN of Iowa, Mrs. HINSON, Mr. BACON, Mr. KIL-
DEE, Mr. CARSON, Mr. COMER, Mr. BOST, Mr. LAWLER, Mr. FLOOD, 
Mr. FINSTAD, Mrs. MILLER of Illinois, Mr. SORENSEN, Ms. SLOTKIN, 
Mr. CLEAVER, and Ms. KAPTUR) introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
A BILL 
To promote low-carbon, high-octane fuels, to protect public 
health, and to improve vehicle efficiency and perform-
ance, 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 ‘‘Next Generation Fuels 
Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) continued increases in new automobile effi-
ciency are needed to improve consumer welfare and 
reduce carbon emissions; 
(2) the widespread availability of low-carbon, 
high-octane fuel will allow continued cost-effective 
improvements in automobile efficiency by enabling 
increased engine compression ratios; 
(3) high-octane automobiles and low-carbon 
fuels are readily available to consumers at little in-
cremental cost; 
(4) ethanol is a cost-effective and low-carbon 
octane enhancer; 
(5) the widespread adoption of climate-smart 
practices and precision technologies by United 
States corn producers over the past decade have fur-
ther reduced the carbon intensity of conventional 
ethanol; 
(6) on average, ethanol has been estimated to 
have lifecycle greenhouse gas emissions that are 46 
percent lower than average gasoline, with some corn 
ethanol achieving a 61-percent reduction compared 
to gasoline; and 
(7) ethanol has one of the highest blending oc-
tane values available in the marketplace. 
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SEC. 3. HIGH-OCTANE VEHICLES. 
Title II of the Clean Air Act (42 U.S.C. 7521 et seq.) 
is amended by adding at the end the following: 
‘‘PART D—HIGH-OCTANE VEHICLES 
‘‘SEC. 261. DEFINITIONS; APPLICABILITY. 
‘‘(a) DEFINITIONS.—In this part: 
‘‘(1) AUTOMOBILE.—The term ‘automobile’ has 
the 
meaning 
given 
to 
the 
term 
in 
section 
32901(a)(3) of title 49, United States Code. 
‘‘(2) MANUFACTURER.—The term ‘manufac-
turer’ has the meaning given the term in section 
216. 
‘‘(3) RESEARCH OCTANE NUMBER.—The term 
‘research octane number’ has the meaning given the 
term in section 201 of the Petroleum Marketing 
Practices Act (15 U.S.C. 2821). 
‘‘(b) APPLICABILITY.—This part applies with respect 
to any motor vehicle that is introduced into commerce 
that— 
‘‘(1) is an automobile; 
‘‘(2) uses gasoline for propulsion or any other 
operation of the motor vehicle, including the engine 
thereof; and 
‘‘(3) is a model year 2028 or later motor vehi-
cle. 
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‘‘SEC. 262. HIGH-OCTANE TEST FUELS. 
‘‘(a) E20 CERTIFICATION FUEL.—Except as pro-
vided in subsections (b) and (c), manufacturers producing 
motor vehicles described in section 261(b) shall use a test 
fuel consisting of gasoline and 19.4 to 20 volume percent 
ethanol with a minimum 95 research octane number in— 
‘‘(1) emissions testing and certification under 
section 206(a); and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code. 
‘‘(b) E25 TO E30 CERTIFICATION FUEL.—As an al-
ternative to the test fuel described in subsection (a), man-
ufacturers producing motor vehicles described in section 
261(b) may use a test fuel consisting of gasoline and 24.3 
to 30 volume percent ethanol with a minimum 98 research 
octane number in— 
‘‘(1) emissions testing and certification under 
section 206(a); and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code. 
‘‘(c) MODEL
YEAR
2033 
AND
LATER
MODEL 
YEARS.—Notwithstanding subsections (a) and (b), begin-
ning in model year 2033, manufacturers of motor vehicles 
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described in section 261(b) shall use the gasoline test fuel 
described in subsection (b) in— 
‘‘(1) emissions testing and certification under 
section 206(a); and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code. 
‘‘(d) FORMULATION.—The test fuels described in 
subsections (a) and (b) shall be produced by adding neat 
or denatured fuel ethanol to the gasoline criteria emissions 
test fuel required for use in model year 2022 and later 
motor vehicles. 
‘‘(e) TEST FUEL EQUATIONS.—For purposes of— 
‘‘(1) testing and calculation procedures under 
section 206(a), the emissions of motor vehicles using 
the test fuels described in subsection (a) or (b) shall 
be based exclusively on actual measured emissions; 
and 
‘‘(2) fuel economy testing and calculation proce-
dures under section 32904(c) of title 49, United 
States Code, the fuel economy of motor vehicles 
using the test fuels described in subsection (a) or (b) 
shall be determined on an energy-equivalent basis, 
which shall be equal to the product obtained by mul-
tiplying— 
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‘‘(A) the measured fuel economy; and 
‘‘(B) the quotient obtained by dividing— 
‘‘(i) 114,086 British thermal units per 
gallon; by 
‘‘(ii) the volumetric energy density of 
the test fuel. 
‘‘SEC. 263. HIGH-OCTANE VEHICLES. 
‘‘(a) WARRANTY REQUIREMENTS.—Manufacturers of 
motor vehicles described in section 261(b) shall warrant 
to the ultimate purchaser and each subsequent purchaser 
that each such motor vehicle is designed— 
‘‘(1) for model years 2028 through 2032— 
‘‘(A) to operate with gasoline containing 
10 and up to and including 25 percent ethanol 
by volume; and 
‘‘(B) to meet the design requirements 
under subsection (b)(1); and 
‘‘(2) for model year 2033 and later model 
years— 
‘‘(A) to operate with gasoline containing 
10 and up to and including 30 percent ethanol 
by volume; and 
‘‘(B) to meet the design requirements 
under subsections (b)(1) and (c)(1). 
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‘‘(b) DESIGN REQUIREMENTS BEFORE MODEL YEAR 
2033.— 
‘‘(1) MANUFACTURERS.—The manufacturer of 
a motor vehicle described in section 261(b) shall de-
sign each such motor vehicle— 
‘‘(A) to use gasoline with a 95 research oc-
tane number or higher; and 
‘‘(B) to incorporate such devices or ele-
ments of design (including physical or other 
barriers, devices, or technological systems) as 
are determined by the Administrator to be— 
‘‘(i) necessary to prevent the introduc-
tion of gasoline with a research octane 
number that is lower than 95 into that 
motor vehicle; and 
‘‘(ii) technically and economically fea-
sible. 
‘‘(2) FUEL RETAILERS.—Any fuel retailer sell-
ing gasoline for use in a motor vehicle described in 
section 261(b) shall incorporate into the dispensing 
equipment of the fuel retailer such devices or ele-
ments of design (including physical or other barriers, 
devices, or technological systems) as are determined 
by the Administrator to be— 
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‘‘(A) necessary to ensure compatibility with 
the motor vehicle design requirements under 
paragraph (1); and 
‘‘(B) technically and economically feasible. 
‘‘(c) DESIGN REQUIREMENTS
FOR MODEL YEAR 
2033.— 
‘‘(1) MANUFACTURERS.—Subject to paragraph 
(3)(B), beginning in model year 2033, the manufac-
turer of a motor vehicle described in section 261(b) 
shall design each such motor vehicle— 
‘‘(A) to use gasoline with a 98 research oc-
tane number or higher; and 
‘‘(B) to incorporate such devices or ele-
ments of design (including physical or other 
barriers, devices, or technological systems) as 
are determined by the Administrator to be— 
‘‘(i) necessary to prevent the introduc-
tion of gasoline with a research octane 
number that is lower than 98 into that 
motor vehicle; and 
‘‘(ii) technically and economically fea-
sible. 
‘‘(2) FUEL RETAILER.—Subject to paragraph 
(3)(B), any fuel retailer selling gasoline for use in a 
motor vehicle described in section 261(b) that is 
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model year 2033 or later shall incorporate into the 
dispensing equipment of the fuel retailer such de-
vices or elements of design (including physical or 
other barriers, devices, or technological systems) as 
are determined by the Administrator to be— 
‘‘(A) necessary to ensure compatibility with 
the motor vehicle design requirements under 
paragraph (1); and 
‘‘(B) technically and economically feasible. 
‘‘(3) EPA DETERMINATION
OF
NATIONWIDE 
AVAILABILITY.— 
‘‘(A) DETERMINATION
REQUIRED.—Not 
later than December 31, 2031, and not later 
than each December 31 thereafter until the Ad-
ministrator determines that 98 research octane 
number gasoline can be made readily available 
nationwide, the Administrator shall— 
‘‘(i) determine whether 98 research 
octane number gasoline can be made read-
ily available nationwide; and 
‘‘(ii) publish that determination in the 
Federal Register. 
‘‘(B) EFFECT.—The requirements of this 
subsection shall not take effect until the date 
on which the Administrator— 
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‘‘(i) determines under subparagraph 
(A)(i) that 98 research octane number gas-
oline can be made readily available nation-
wide; and 
‘‘(ii) publishes that determination 
under subparagraph (A)(ii). 
‘‘(C) FAILURE
TO
MAKE
DETERMINA-
TION.—If the Administrator fails to make a de-
termination under subparagraph (A) by the ap-
plicable date under that subparagraph, the Ad-
ministrator shall be deemed to have determined 
that 98 research octane number gasoline can be 
made readily available nationwide for purposes 
of subparagraph (B). 
‘‘(d) VIOLATIONS.— 
‘‘(1) MANUFACTURERS.— 
‘‘(A) IN
GENERAL.—Any manufacturer 
who violates subsection (b)(1) or (c)(1) shall be 
subject to a civil penalty of not more than 
$5,000 for each offense. 
‘‘(B) SEPARATE OFFENSES.—Any violation 
described in subparagraph (A) shall constitute 
a separate offense with respect to each motor 
vehicle. 
‘‘(2) FUEL RETAILER.— 
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‘‘(A) IN GENERAL.—Any fuel retailer who 
violates subsection (b)(2) or (c)(2) shall be sub-
ject to a civil penalty of not more than $2,500 
for each offense. 
‘‘(B) SEPARATE OFFENSE.—Any violation 
described in subparagraph (A) with respect to 
dispensing equipment shall constitute a sepa-
rate offense with respect to each unit of dis-
pensing equipment in violation of the applicable 
subsection described in that subparagraph. 
‘‘SEC. 264. MISFUELING. 
‘‘(a) PROHIBITIONS AGAINST TAMPERING AND DE-
FEAT DEVICES FOR MOTOR VEHICLES.—In lieu of apply-
ing section 203(a)(3) with respect to the requirements of 
this part, the following shall apply: 
‘‘(1) No person shall— 
‘‘(A) remove or render inoperative any de-
vice or element of design installed on or in a 
motor vehicle pursuant to subsection (b)(1) or 
(c)(1) of section 263 prior to its sale and deliv-
ery to the ultimate purchaser; or 
‘‘(B) knowingly remove or render inoper-
ative any such device or element of design after 
such sale and delivery to the ultimate pur-
chaser. 
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‘‘(2) No person shall manufacture or sell, or 
offer to sell, or install, any part or component in-
tended for use with, or as part of, any motor vehicle, 
where— 
‘‘(A) a principal effect of the part or com-
ponent is to bypass, defeat, or render inoper-
ative any device or element of design installed 
on or in a motor vehicle pursuant to subsection 
(b)(1) or (c)(1) of section 263; and 
‘‘(B) the person knows or should know 
that such part or component is being offered 
for sale or installed for such use or put to such 
use. 
‘‘(b) PROHIBITIONS AGAINST TAMPERING AND DE-
FEAT DEVICES FOR DISPENSING EQUIPMENT.—No per-
son shall— 
‘‘(1) remove or render inoperative any device or 
element of design installed pursuant to subsection 
(b)(2) or (c)(2) of section 263; or 
‘‘(2) sell, or offer to sell, or incorporate into, 
any part or component intended for use with, or as 
part of, any dispensing equipment, where— 
‘‘(A) a principal effect of the part or com-
ponent is to bypass, defeat, or render inoper-
ative any device or element of design incor-
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porated into dispensing equipment pursuant to 
subsection (b)(2) or (c)(2) of section 263; and 
‘‘(B) the person knows or should know 
that such part or component is being offered 
for sale or incorporated for such use or put to 
such use. 
‘‘(c) VIOLATIONS.— 
‘‘(1) IN
GENERAL.—Any person who violates 
this section shall be subject to a civil penalty of not 
more than $2,500. 
‘‘(2) SEPARATE OFFENSES.—Any violation de-
scribed in paragraph (1) shall constitute a separate 
offense with respect to— 
‘‘(A) each motor vehicle or unit of dis-
pensing equipment, for purposes of subsections 
(a)(1) and (b)(1); and 
‘‘(B) each part or component, for purposes 
of subsections (a)(2) and (b)(2). 
‘‘SEC. 265. OCTANE STANDARD. 
‘‘(a) OCTANE STANDARD.— 
‘‘(1) PROHIBITION.— 
‘‘(A) 95 RESEARCH OCTANE NUMBER MAR-
KETING.—No person shall sell motor vehicle 
gasoline marketed as 95 research octane num-
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ber unless that gasoline has a research octane 
number of 95 or greater. 
‘‘(B) 98 RESEARCH OCTANE NUMBER MAR-
KETING.—No person shall sell motor vehicle 
gasoline marketed as 98 research octane num-
ber unless that gasoline has a research octane 
number of 98 or greater. 
‘‘(C) DEEMED
COMPLIANCE.—A person, 
including any distributor, blender, marketer, re-
seller, carrier, retailer, or wholesaler, shall be 
deemed to be in full compliance with this para-
graph if the person can demonstrate, through 
evidence deemed acceptable by the Adminis-
trator, that the person had reason to believe in 
good faith that the motor vehicle gasoline com-
plied with subparagraph (A) or (B). 
‘‘(2) CONTROLS.— 
‘‘(A) 95 
RESEARCH
OCTANE
NUMBER 
AVAILABILITY.—Effective January 1, 2027, any 
person that owns, leases, operates, controls, or 
supervises— 
‘‘(i) a retail outlet at which 200,000 
or more gallons of gasoline were sold dur-
ing calendar year 2024 or any subsequent 
calendar year, shall offer for sale motor ve-
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hicle gasoline of not less than 95 research 
octane number at that retail outlet; or 
‘‘(ii) 6 or more retail outlets offering 
motor vehicle gasoline for sale, shall offer 
for sale motor vehicle gasoline of not less 
than 95 research octane number at not 
fewer than 60 percent of those retail out-
lets. 
‘‘(B) 98 
RESEARCH
OCTANE
NUMBER 
AVAILABILITY.—Effective January 1, 2032, any 
person that owns, leases, operates, controls, or 
supervises— 
‘‘(i) a retail outlet at which 200,000 
or more gallons of gasoline were sold dur-
ing calendar year 2030 or any subsequent 
calendar year, shall offer for sale motor ve-
hicle gasoline of not less than 98 research 
octane number at that retail outlet; or 
‘‘(ii) 6 or more retail outlets offering 
motor vehicle fuel for sale, shall offer for 
sale motor vehicle gasoline of not less than 
98 research octane number at no fewer 
than 60 percent of those retail outlets. 
‘‘(b) VIOLATIONS.—Any person that violates— 
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‘‘(1) 
subsection 
(a)(1), 
(a)(2)(A)(i), 
or 
(a)(2)(B)(i) shall be subject to a civil penalty of not 
more than $25,000 for each day on which the viola-
tion continues; and 
‘‘(2) subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) 
shall be subject to a civil penalty of not more than 
$2,500 per day for each retail outlet owned, leased, 
operated, controlled, or supervised by that person. 
‘‘SEC. 266. REGULATIONS. 
‘‘The Administrator shall— 
‘‘(1) not later than 1 year after the date of en-
actment of the Next Generation Fuels Act of 2023, 
propose regulations to carry out this part; and 
‘‘(2) not later than 2 years after that date of 
enactment, finalize regulations to carry out this 
part. 
‘‘SEC. 267. LIABILITY LIMITATION AND PREEMPTION. 
‘‘(a) LIMITATION OF LIABILITY.—A manufacturer of 
a motor vehicle, or a gasoline retailer, that is in compli-
ance with the requirements of this part and the require-
ments of sections 203(e) and 206 of the Petroleum Mar-
keting Practices Act, shall not be liable under any provi-
sion of this Act or any other Federal, State, or local law, 
including common law, for damages— 
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‘‘(1) to or caused by a motor vehicle described 
in section 261(b); and 
‘‘(2) that would not have occurred but for the 
introduction of gasoline with a research octane num-
ber required by this part. 
‘‘(b) PREEMPTION.—No State or any political sub-
division of a State may adopt, continue in effect, or en-
force, any provision of law or regulation— 
‘‘(1) requiring motor vehicles to operate using 
gasoline with a certain octane content, or the cor-
responding design of equipment for dispensing such 
gasoline into such motor vehicles, unless the provi-
sion of that law or regulation is the same as the cor-
responding provision under this part; or 
‘‘(2) limiting the concentration of ethanol in 
motor vehicle gasoline. 
‘‘SEC. 268. CIVIL ACTIONS; ADMINISTRATIVE ASSESSMENT 
OF CERTAIN PENALTIES. 
‘‘The provisions of subsections (b) and (c) of section 
205 shall apply with respect to a violation of section 263 
or 264 to the same extent and in the same manner as 
such provisions apply with respect to a violation of section 
203(a)(3).’’. 
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SEC. 4. OCTANE DISCLOSURE. 
(a) HIGH-EFFICIENCY FUELS.—Title II of the Petro-
leum Marketing Practices Act (15 U.S.C. 2821 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 206. HIGH-EFFICIENCY FUEL AND VEHICLE MAR-
KETING REQUIREMENTS. 
‘‘(a) RULE.—The Federal Trade Commission shall, 
by rule, and in consultation with persons to be regulated 
under this section, consumer advocates, and other stake-
holders, as appropriate— 
‘‘(1) prescribe or revise requirements under this 
title relating to the certification, display, and rep-
resentation of the automotive fuel rating of an auto-
motive fuel as necessary to carry out— 
‘‘(A) the requirement under subsection (b); 
and 
‘‘(B) any determination made under sub-
section (c); 
‘‘(2) make the determination required under 
subsection (c); and 
‘‘(3) prescribe requirements under subsection 
(d). 
‘‘(b) REQUIREMENT.—The Federal Trade Commis-
sion shall require that, for purposes of this title, beginning 
on the date that is 180 days after the date on which the 
Federal Trade Commission issues a final rule under sub-
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section (a), the automotive fuel rating of an automotive 
fuel with a research octane number of 95 or higher be 
determined only by the research octane number of such 
automotive fuel. 
‘‘(c) LABELING.— 
‘‘(1) IN GENERAL.—The Federal Trade Com-
mission shall prescribe requirements— 
‘‘(A) as the Federal Trade Commission de-
termines necessary with respect to a display at 
the point of sale to ultimate purchasers of auto-
motive fuel and a display on a motor vehicle 
to— 
‘‘(i) inform such ultimate purchaser of 
such automotive fuel and any purchaser or 
user of such motor vehicle that— 
‘‘(I) a model year 2028 or later 
motor vehicle is only warrantied to 
use automotive fuel with a research 
octane number of 95 or higher; and 
‘‘(II) a model year 2033 or later 
motor vehicle is only warrantied to 
use automotive fuel with a research 
octane number of 98 or higher; 
‘‘(ii) provide a warning to such ulti-
mate purchaser of such automotive fuel 
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(b) ENFORCEMENT.—Section 203(e) of the Petro-
leum Marketing Practices Act (15 U.S.C. 2823(e)) is 
amended— 
(1) by striking ‘‘or a rule prescribed’’ and in-
serting ‘‘a rule prescribed’’; and 
(2) by striking ‘‘of such section.’’ and inserting 
‘‘of section 202, or a rule prescribed under section 
206.’’. 
(c) TABLE OF CONTENTS AMENDMENT.—The table 
of contents for the Petroleum Marketing Practices Act (15 
U.S.C. 2801 et seq.) is amended by inserting after the 
item relating to section 205 the following: 
‘‘Sec. 206. High-efficiency fuel and vehicle marketing requirements.’’. 
SEC. 5. ADVERTISEMENT OF PRICE OF HIGH-OCTANE 
AUTOMOTIVE FUEL. 
(a) IN GENERAL.—It shall be unlawful for any per-
son to sell or offer for sale, at retail, automotive fuel with 
a research octane number (as such terms are defined in 
section 201 of the Petroleum Marketing Practices Act (15 
U.S.C. 2821)) of 95 or greater unless such person dis-
plays, in a manner specified in the rules promulgated 
under subsection (b), the total price per gallon of such 
fuel on any sign on which such person displays the price 
of the most-sold grade of automotive fuel of such person. 
(b) RULEMAKING.— 
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(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of this Act, the Federal 
Trade Commission shall promulgate, in accordance 
with section 553 of title 5, United States Code, any 
rules necessary for the implementation and enforce-
ment of this section. 
(2) CONTENTS.—Such rules— 
(A) shall define ‘‘retail’’ and ‘‘most-sold’’ 
for the purposes of this section; 
(B) shall specify the manner in which the 
price of automotive fuel with a research octane 
number of 95 or greater must be displayed in 
order to comply with subsection (a); and 
(C) shall be consistent with the require-
ments for declaring unfair acts or practices in 
section 5(n) of the Federal Trade Commission 
Act (15 U.S.C. 45(n)). 
(c) ENFORCEMENT.—A violation of subsection (a) 
shall be treated as a violation of a rule defining an unfair 
or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)). The Federal Trade Commission 
shall enforce this section in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Fed-
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eral Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made part of this section. 
SEC. 6. E40 RETAIL INFRASTRUCTURE STANDARD. 
Section 9003 of the Solid Waste Disposal Act (42 
U.S.C. 6991b) is amended by adding at the end the fol-
lowing: 
‘‘(k) E40-COMPATIBLE RETAIL INFRASTRUCTURE 
SYSTEMS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
AUTOMOTIVE
FUEL.—The 
term 
‘automotive fuel’ has the meaning given the 
term in section 201 of the Petroleum Marketing 
Practices Act (15 U.S.C. 2821). 
‘‘(B) COMPATIBLE.—The term ‘compat-
ible’ means, to the extent feasible, certified by 
a nationally recognized testing laboratory recog-
nized by the Occupational Safety and Health 
Administration in accordance with section 
1910.7 of title 29, Code of Federal Regulations 
(or any successor regulations) to maintain sys-
tem performance throughout the operational life 
of the dispenser system. 
‘‘(C) DISPENSER SYSTEM.—The term ‘dis-
penser system’ has the meaning given the term 
in section 280.12 of title 40, Code of Federal 
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Regulations (as in effect on the date of enact-
ment of this subsection). 
‘‘(2) PERFORMANCE STANDARDS.—The Admin-
istrator shall, not later than January 1, 2026, issue 
or revise, as necessary, performance standards for 
underground storage tank systems and dispenser 
systems that are brought into use on or after Janu-
ary 1, 2026, to require that those systems be com-
patible with automotive fuel consisting of gasoline 
and at least 40 percent ethanol by volume. 
‘‘(3) COMPATIBILITY.—An owner or operator 
may demonstrate the compatibility of an under-
ground storage tank system with automotive fuel 
containing any concentration of ethanol through the 
use of a secondary containment system that is 
able— 
‘‘(A) to contain regulated substances 
leaked from the primary containment system 
until the regulated substances are detected and 
removed; and 
‘‘(B) to prevent the release of regulated 
substances to the environment at any time dur-
ing the operational life of the underground stor-
age tank system.’’. 
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SEC. 7. REGISTRATION TESTING, REID VAPOR PRESSURE, 
AND SUBSTANTIALLY SIMILAR WAIVERS. 
(a) 
REGISTRATION
TESTING
WAIVER.—Section 
211(e) of the Clean Air Act (42 U.S.C. 7545(e)) is amend-
ed by adding at the end the following: 
‘‘(4) Fuels consisting of gasoline and no more than 
30 percent ethanol by volume that meet the requirements 
of subsection (f)(3) shall be deemed— 
‘‘(A) to have satisfied any testing regulations 
promulgated under this subsection; and 
‘‘(B) to be immediately eligible for registration 
under subsection (b) without further testing.’’. 
(b) REID VAPOR PRESSURE 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 
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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’’; 
(B) in paragraph (4), in the matter pre-
ceding subparagraph (A), by inserting ‘‘or 
more’’ after ‘‘10 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 before 
January 1, 2022, or after the date of en-
actment of the Next Generation Fuels Act 
of 2023, and is accompanied by appro-
priate’’; and 
(ii) by inserting ‘‘or more’’ after ‘‘10 
percent’’. 
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(c) SUBSTANTIALLY
SIMILAR
WAIVER.—Section 
211(f) of the Clean Air Act (42 U.S.C. 7545(f)) is amend-
ed— 
(1) by striking the subsection designation and 
all that follows through ‘‘Effective upon’’ in sub-
paragraph (B) and inserting the following: 
‘‘(f)(1) Effective upon’’; 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) Fuels consisting of gasoline and ethanol may be 
introduced into commerce under this subsection for use 
in motor vehicles described in section 261(b), provided 
that the finished fuel— 
‘‘(A) does not exceed the warranted ethanol lev-
els described in section 263(a); 
‘‘(B) meets the physical and chemical criteria 
specified by ASTM International Standard D4814– 
20 for gasoline with 15 percent ethanol; and 
‘‘(C) consists solely of carbon, hydrogen, oxy-
gen, and sulfur, excepting any impurities present at 
trace levels that are gaseous upon combustion.’’; and 
(3) in subparagraph (A) of paragraph (4) (as 
designated by subsection (b)(1)(A)), in the first sen-
tence, by striking ‘‘or (3)’’. 
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SEC. 8. CLEAN OCTANE STANDARD. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) 
is amended— 
(1) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘or (o)’’ 
each place it appears and inserting ‘‘(o), or 
(w)’’; and 
(B) in paragraph (2), by striking ‘‘and 
(o)’’ each place it appears and inserting ‘‘(o), 
and (w)’’; and 
(2) by adding at the end the following: 
‘‘(w) CLEAN OCTANE STANDARD.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BASELINE LIFECYCLE GREENHOUSE 
GAS
EMISSIONS.—The term ‘baseline lifecycle 
greenhouse gas emissions’ means the average 
lifecycle greenhouse gas emissions, as deter-
mined by the Administrator, in consultation 
with the Director of the Argonne National Lab-
oratory, for unblended gasoline sold or distrib-
uted as transportation fuel in 2023. 
‘‘(B) LIFECYCLE GREENHOUSE GAS EMIS-
SIONS.—The term ‘lifecycle greenhouse gas 
emissions’ means the aggregate quantity of 
greenhouse gas emissions as determined by the 
Secretary of Energy using the most recent 
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version of the Argonne National Laboratory 
Greenhouse gases, Regulated Emissions, and 
Energy use in Technologies (GREET) model. 
‘‘(C) RESEARCH
OCTANE
NUMBER.—The 
term ‘research octane number’ has the meaning 
given the term in section 201 of the Petroleum 
Marketing Practices Act (15 U.S.C. 2821). 
‘‘(2) AROMATICS.— 
‘‘(A) ANNUAL AVERAGE LIMITATION.—Ef-
fective beginning on January 1, 2027, it shall 
be unlawful for refiners or importers to sell 
motor vehicle gasoline that contains, on an av-
erage annual basis, an aromatic hydrocarbon 
concentration in excess of 17.5 percent by vol-
ume. 
‘‘(B) 2027 CAP.—Effective beginning on 
January 1, 2027, it shall be unlawful for refin-
ers or importers to sell motor vehicle gasoline 
that contains an aromatic hydrocarbon con-
centration in excess of 30 percent by volume. 
‘‘(C) 2032 CAP.—Effective beginning on 
January 1, 2032, it shall be unlawful for refin-
ers or importers to sell motor vehicle gasoline 
that contains an aromatic hydrocarbon content 
in excess of 25 percent by volume. 
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‘‘(D) OXYGENATE ADJUSTMENT FOR GASO-
LINE BLENDSTOCK.— 
‘‘(i) IN
GENERAL.—For purposes of 
compliance with this paragraph, the aro-
matics volume of motor vehicle gasoline 
produced as blendstock for oxygenate 
blending may be adjusted based on the 
specified type and amount of oxygenate re-
quired to be added downstream. 
‘‘(ii) REQUIREMENTS.—Any adjust-
ment under clause (i) shall be made 
through— 
‘‘(I) the preparation of a hand 
blend containing oxygenate; or 
‘‘(II) any other method deemed 
acceptable to the Administrator. 
‘‘(E) REGULATIONS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall promulgate regulations to implement 
this paragraph. 
‘‘(ii) CONTENTS.—Regulations pro-
mulgated under clause (i) shall allow for 
the generation of tradeable credits to meet 
the requirement of subparagraph (A), but 
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any credits shall expire after not more 
than 5 years. 
‘‘(iii) 
INITIAL
REGULATIONS.—Not 
later than January 1, 2027, the Adminis-
trator shall promulgate final regulations 
under clause (i). 
‘‘(3) LOW-CARBON OCTANE.— 
‘‘(A) PROHIBITION.—Effective beginning 
on January 1, 2027, no refiner or importer 
shall introduce into commerce motor vehicle 
gasoline with a research octane number of 95 
or higher except through the use of a fuel addi-
tive that has average lifecycle greenhouse gas 
emissions that (as determined by the Secretary 
of Energy using the most recent version of the 
Argonne 
National 
Laboratory 
Greenhouse 
gases, Regulated Emissions, and Energy use in 
Technologies (GREET) model) are at least 40 
percent less than baseline lifecycle greenhouse 
gas emissions. 
‘‘(B) REGULATIONS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall promulgate regulations to implement 
this paragraph. 
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‘‘(ii) CONTENTS.—Regulations pro-
mulgated under clause (i) shall— 
‘‘(I) 
determine 
the 
baseline 
lifecycle greenhouse gas emissions for 
purposes of this paragraph; 
‘‘(II) 
determine 
the 
average 
lifecycle greenhouse gas emissions of 
sources of octane value for purposes 
of this paragraph; and 
‘‘(III) ensure that the require-
ments of this paragraph are met. 
‘‘(iii) 
INITIAL
REGULATIONS.—Not 
later than January 1, 2026, the Adminis-
trator shall promulgate final regulations 
under clause (i).’’. 
SEC. 9. NEW FUEL EFFECTS STUDY. 
(a) FUEL EFFECTS STUDY.— 
(1) STUDY REQUIRED.—Subject to subsection 
(b), the Administrator of the Environmental Protec-
tion Agency (referred to in this section as the ‘‘Ad-
ministrator’’) shall carry out a study of the emis-
sions effects of ethanol-blended fuels in light-duty 
vehicles and light-duty trucks, for the purpose of up-
dating the Motor Vehicle Emission Simulator mod-
eling system. 
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(2) REQUIREMENTS.—In designing and con-
ducting the study under paragraph (1), the Adminis-
trator shall— 
(A) select test fuels that— 
(i) reflect a range of ethanol con-
centrations between 0 and at least 25 per-
cent by volume; and 
(ii) are representative of fuels that are 
widely available on the date of enactment 
of this Act or reasonably could be available 
regionally or nationally, taking into ac-
count fuel refinery operations and econom-
ics, including the cost of reformate; 
(B) select test vehicles that are representa-
tive of vehicles of recent model years as of the 
date of enactment of this Act that include rel-
evant technologies that are, or reasonably may 
come to be, in widespread use; 
(C) measure emission products of combus-
tion including, at a minimum— 
(i) particulate matter of 2.5 microm-
eters in diameter or less; 
(ii) ultrafine particulate matter of 0.1 
micrometers in diameter or less; 
(iii) nitrogen oxides; 
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(iv) total hydrocarbons; 
(v) nonmethane organic gas; 
(vi) carbon monoxide; 
(vii) benzene; 
(viii) toluene; 
(ix) ethylbenzene; 
(x) xylene; 
(xi) 1,3-butadiene; 
(xii) ethanol; and 
(xiii) 
polycyclic 
aromatic 
hydro-
carbons, 
including 
at 
a 
minimum 
benzo(a)pyrene; 
(D) measure the tendency of measured 
emissions to form secondary organic aerosols 
and any other relevant secondary air pollution; 
and 
(E) consult with the Secretary of Energy, 
the Secretary of Agriculture, and the Secretary 
of Transportation (or their delegates). 
(b) CERTIFICATION BY SECRETARY OF ENERGY.— 
The Administrator shall— 
(1) provide the proposed design of the study 
under subsection (a) to the Secretary of Energy for 
review; and 
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(2) not commence the study under subsection 
(a) until the Secretary of Energy certifies in writing 
that the design of the study complies with the re-
quirements of subsection (a). 
SEC. 10. DUAL-FUELED AUTOMOBILE DEFAULT UTILIZA-
TION FACTOR. 
(a) IN GENERAL.—Section 32905 of title 49, United 
States Code, is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) DUAL-FUELED AUTOMOBILES.— 
‘‘(1) FUEL ECONOMY.—Except as provided in 
subsection (d) or section 32904(a)(2)— 
‘‘(A) for any model of dual-fueled auto-
mobile manufactured by a manufacturer in 
model years 1993 through 2020, the Adminis-
trator of the Environmental Protection Agency 
shall measure the fuel economy for that model 
by dividing 1.0 by the sum of— 
‘‘(i) 0.5 divided by the fuel economy 
measured under section 32904(c) when op-
erating the model on gasoline or diesel 
fuel; and 
‘‘(ii) 0.5 divided by the fuel econ-
omy— 
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‘‘(I) measured under subsection 
(a) when operating the model on al-
ternative fuel; or 
‘‘(II) measured based on the fuel 
content of B20 when operating the 
model on B20, which is deemed to 
contain 0.15 gallon of fuel; and 
‘‘(B) subject to paragraph (3), for any 
model of dual-fueled automobile manufactured 
by a manufacturer in model year 2023 or later, 
the Administrator of the Environmental Protec-
tion Agency shall measure the fuel economy for 
that model by dividing 1.0 by the sum of— 
‘‘(i) 0.79 divided by the fuel economy 
measured under section 32904(c) when op-
erating the model on gasoline or diesel 
fuel; and 
‘‘(ii) 0.21 divided by the fuel economy 
measured under subsection (a) when oper-
ating the model on alternative fuel, which 
is deemed to contain 0.15 gallon of fuel. 
‘‘(2) GREENHOUSE GAS EMISSIONS.—For any 
model of dual-fueled automobile manufactured by a 
manufacturer in model year 2023 or later, the Ad-
ministrator of the Environmental Protection Agency 
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shall measure the greenhouse gas emissions for that 
model, which shall be the sum obtained by adding— 
‘‘(A) the product obtained by multi-
plying— 
‘‘(i) the measured greenhouse gas 
emissions on the alternative fuel; 
‘‘(ii) the fuel content of the alternative 
fuel, which is deemed to be 0.15; and 
‘‘(iii) 0.21; and 
‘‘(B) the product obtained by multiplying 
0.79 and the measured greenhouse gas emis-
sions on gasoline or diesel fuel, as applicable. 
‘‘(3) HIGHER UTILIZATION FACTOR FOR NEW 
MODELS.—A manufacturer may demonstrate that a 
higher utilization factor applies to any model of 
dual-fueled automobile manufactured by the manu-
facturer in model year 2025 or later.’’. 
(b) TESTING PROCEDURES.—Section 206 of the 
Clean Air Act (42 U.S.C. 7525) is amended by adding 
at the end the following: 
‘‘(i) REQUIREMENT
TO
UPDATE
TEST
PROCE-
DURES.—Not later than July 1, 2024, the Administrator 
shall amend the test procedures promulgated under this 
section to be in accordance with section 32905(b)(1)(B) 
of title 49, United States Code.’’. 
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SEC. 11. TRANSFERS OF CREDITS FOR EXCEEDING AVER-
AGE FUEL ECONOMY STANDARDS. 
Section 32903(g) of title 49, United States Code, is 
amended by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) MAXIMUM INCREASE.—The maximum in-
crease in any compliance category attributable to 
transferred credits is— 
‘‘(A) for model year 2023, 4.0 miles per 
gallon; and 
‘‘(B) for model year 2024 and subsequent 
model years, 6.0 miles per gallon.’’. 
Æ 
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