I 
114TH CONGRESS 
2D SESSION 
H. R. 5180 
To alleviate the ethanol blend wall under the renewable fuel program, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2016 
Mr. FLORES (for himself, Mr. WELCH, Mr. GOODLATTE, Mr. COSTA, Mr. 
WOMACK, and Mr. RICHMOND) introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
A BILL 
To alleviate the ethanol blend wall under the renewable fuel 
program, 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 ‘‘Food and Fuel Con-
sumer Protection Act of 2016’’. 
SEC. 2. ALLEVIATING ETHANOL BLEND WALL. 
Section 211(o)(3)(B) of the Clean Air Act (42 U.S.C. 
7545(o)(3)(B)) is amended by inserting at the end the fol-
lowing: 
‘‘(iii) LIMITATION.— 
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‘‘(I) 
IN
GENERAL.—Notwith-
standing the volumes specified in 
paragraph (2)(B), the Administrator 
shall not determine any renewable fuel 
obligation for a calendar year under 
this subsection that would result, di-
rectly or indirectly, in the introduction 
into commerce in the United States of 
a total volume of ethanol contained in 
transportation fuel that is greater 
than 9.70 percent of the total volume 
of gasoline projected to be sold or in-
troduced into commerce in the United 
States for such calendar year. 
‘‘(II) 
ESTIMATE.—In 
imple-
menting subclause (I), the Adminis-
trator shall request from the Adminis-
trator of the Energy Information Ad-
ministration, and use without alter-
ation, an estimate, with respect to the 
following calendar year, of the total 
volume of gasoline projected to be sold 
or introduced into commerce in the 
United States. The Administrator of 
the Energy Information Administra-
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tion shall provide such estimate to the 
Administrator by October 31st each 
year. 
‘‘(III) APPLICABILITY.—The lim-
itation established in subclause (I) 
shall apply without regard to the 
available supply of credits generated 
in a prior year pursuant to paragraph 
(5). 
‘‘(IV) PRESUMPTION.—In imple-
menting subclause (I) for a calendar 
year, the Administrator shall not ex-
clude commercially available ethanol 
that is cellulosic biofuel or advanced 
biofuel.’’. 
SEC. 3. FAILURE TO MEET DEADLINES. 
Section 211(o)(3)(B) of the Clean Air Act (42 U.S.C. 
7545(o)(3)(B)), as amended by section 2, is further 
amended by adding at the end the following: 
‘‘(iv) 
FAILURE
TO
MEET
DEAD-
LINES.—If the Administrator fails to de-
termine and publish the renewable fuel ob-
ligation with respect to the following cal-
endar year in accordance with clauses (i), 
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(ii), and (iii), then the renewable fuel obli-
gation for such year shall be— 
‘‘(I) the renewable fuel obligation 
established for the most recent year 
for which such obligation was deter-
mined and published in the Federal 
Register in accordance with clause 
(iii); or 
‘‘(II) if no such obligation has 
been determined and published in ac-
cordance with clause (iii), the renew-
able fuel obligation established for the 
most recent year which otherwise 
meets the 9.70 percent limitation in 
clause (iii).’’. 
Æ 
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