I 
116TH CONGRESS 
1ST SESSION 
H. R. 104 
To repeal certain amendments to the Clean Air Act relating to the expansion 
of the renewable fuel program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2019 
Mr. BURGESS introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To repeal certain amendments to the Clean Air Act relating 
to the expansion of 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 ‘‘Leave Ethanol Vol-
umes at Existing Levels Act’’ or the ‘‘LEVEL Act’’. 
SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PRO-
GRAM. 
(a) DEFINITIONS.—Section 211(o)(1) of the Clean 
Air Act (42 U.S.C. 7545(o)(1)) is amended to read as fol-
lows: 
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‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) CELLULOSIC
BIOMASS
ETHANOL.— 
The term ‘cellulosic biomass ethanol’ means 
ethanol derived from any lignocellulosic or 
hemicellulosic matter that is available on a re-
newable or recurring basis, including— 
‘‘(i) dedicated energy crops and trees; 
‘‘(ii) wood and wood residues; 
‘‘(iii) plants; 
‘‘(iv) grasses; 
‘‘(v) agricultural residues; 
‘‘(vi) fibers; 
‘‘(vii) animal wastes and other waste 
materials; and 
‘‘(viii) municipal solid waste. 
The term also includes any ethanol produced in 
facilities where animal wastes or other waste 
materials are digested or otherwise used to dis-
place 90 percent or more of the fossil fuel nor-
mally used in the production of ethanol. 
‘‘(B) WASTE
DERIVED
ETHANOL.—The 
term ‘waste derived ethanol’ means ethanol de-
rived from— 
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‘‘(i) animal wastes, including poultry 
fats and poultry wastes, and other waste 
materials; or 
‘‘(ii) municipal solid waste. 
‘‘(C) RENEWABLE FUEL.— 
‘‘(i) IN GENERAL.—The term ‘renew-
able fuel’ means motor vehicle fuel that— 
‘‘(I)(aa) is produced from grain, 
starch, oilseeds, vegetable, animal, or 
fish materials including fats, greases, 
and oils, sugarcane, sugar beets, 
sugar components, tobacco, potatoes, 
or other biomass; or 
‘‘(bb) is natural gas produced 
from a biogas source, including a 
landfill, sewage waste treatment plant, 
feedlot, or other place where decaying 
organic material is found; and 
‘‘(II) is used to replace or reduce 
the quantity of fossil fuel present in a 
fuel mixture used to operate a motor 
vehicle. 
‘‘(ii) INCLUSION.—The term renew-
able fuel includes— 
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‘‘(I) cellulosic biomass ethanol 
and waste derived ethanol; and 
‘‘(II) biodiesel (as defined in sec-
tion 312(f) of the Energy Policy Act 
of 1992 (42 U.S.C. 13220(f))) and 
any blending components derived from 
renewable fuel (provided that only the 
renewable fuel portion of any such 
blending component shall be consid-
ered part of the applicable volume 
under the renewable fuel program es-
tablished by this subsection). 
‘‘(D) SMALL REFINERY.—The term ‘small 
refinery’ means a refinery for which the average 
aggregate daily crude oil throughput for a cal-
endar year (as determined by dividing the ag-
gregate throughput for the calendar year by the 
number of days in the calendar year) does not 
exceed 75,000 barrels.’’. 
(b) RENEWABLE FUEL PROGRAM.—Paragraph (2) of 
section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)(2)) is amended as follows: 
(1) REGULATIONS.—Clause (i) of subparagraph 
(A) is amended by striking the last sentence. 
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(2) APPLICABLE
VOLUMES
OF
RENEWABLE 
FUEL.—Subparagraph (B) is amended to read as 
follows: 
‘‘(B) APPLICABLE VOLUME.—For the pur-
pose of subparagraph (A), the applicable vol-
ume of renewable fuel for each calendar year 
shall be 7,500,000,000 gallons.’’. 
(c) APPLICABLE PERCENTAGES.—Paragraph (3) of 
section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)(3)) is amended as follows: 
(1) In subparagraph (A), by striking ‘‘each of 
calendar years 2005 through 2021’’ and inserting 
‘‘each calendar year’’. 
(2) In subparagraph (A), by striking ‘‘transpor-
tation fuel, biomass-based diesel, and cellulosic 
biofuel’’ and inserting ‘‘gasoline’’. 
(3) In subparagraph (B)(i), by striking ‘‘each 
of calendar years 2005 through 2021’’ and inserting 
‘‘each calendar year’’. 
(4) In subparagraph (B), by striking ‘‘transpor-
tation fuel’’ and inserting ‘‘gasoline’’ in clause 
(ii)(II). 
(d) CELLULOSIC BIOMASS ETHANOL OR WASTE DE-
RIVED ETHANOL.—Paragraph (4) of section 211(o) of the 
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Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read 
as follows: 
‘‘(4) CELLULOSIC BIOMASS ETHANOL OR WASTE 
DERIVED ETHANOL.—For the purpose of paragraph 
(2), 1 gallon of cellulosic biomass ethanol or waste 
derived ethanol shall be considered to be the equiva-
lent of 2.5 gallons of renewable fuel.’’. 
(e) CREDIT PROGRAM.—Paragraph (5) of section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is 
amended by striking subparagraph (E). 
(f) WAIVERS.— 
(1) IN
GENERAL.—Paragraph (7) of section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) 
is amended— 
(A) in subparagraph (A), by striking ‘‘, by 
any person subject to the requirements of this 
subsection, or by the Administrator on his own 
motion’’; and 
(B) by inserting ‘‘State’’ before ‘‘petition 
for a waiver’’ in subparagraph (B). 
(2) CELLULOSIC BIOFUEL.—Paragraph (7) of 
section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)(7)) is amended by striking subparagraph 
(D). 
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(3) BIOMASS-BASED DIESEL.—Paragraph (7) of 
section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)(7)) is amended by striking subparagraphs 
(E) and (F). 
(g) PERIODIC REVIEWS.—Section 211(o) of the 
Clean Air Act (42 U.S.C. 7545(o)) is amended by striking 
paragraph (11). 
(h) SAVINGS CLAUSE.—Section 211(o) of the Clean 
Air Act (42 U.S.C. 7545(o)) is amended by striking para-
graph (12). 
(i) REGULATIONS.—Section 211 of the Clean Air Act 
(42 U.S.C. 7545) is amended by striking paragraph (2) 
of subsection (v). 
(j) OTHER PROVISIONS.— 
(1) ENVIRONMENTAL
AND
RESOURCE
CON-
SERVATION IMPACTS.—Section 204(b) of the Energy 
Independence and Security Act of 2007 (Public Law 
110–140) is repealed. 
(2) EFFECTIVE DATE, SAVINGS PROVISION, AND 
TRANSITION
RULES.—Section 210 of the Energy 
Independence and Security Act of 2007 (Public Law 
110–140) is repealed. 
(k) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1 of the first cal-
endar year following the date of enactment of this Act. 
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(l) ESTIMATES FOR FIRST CALENDAR YEAR.—Prior 
to January 1 of the first calendar year following the date 
of enactment of this Act— 
(1) the Administrator of the Energy Informa-
tion Administration shall provide to the Adminis-
trator of the Environmental Protection Agency an 
estimate, under section 211(o)(3) of the Clean Air 
Act, as amended by this Act, with respect to such 
calendar year, of the volumes of gasoline projected 
to be sold or introduced into commerce in the United 
States; and 
(2) based on the estimate provided under para-
graph (1), the Administrator of the Environmental 
Protection Agency shall determine and publish in 
the Federal Register, with respect to such calendar 
year, the renewable fuel obligation for such calendar 
year under section 211(o)(3) of the Clean Air Act, 
as amended by this Act. 
SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETH-
ANOL BLENDS. 
(a) PROHIBITION.—Notwithstanding any provision of 
the Clean Air Act (42 U.S.C. 7401 et seq.), the Adminis-
trator of the Environmental Protection Agency may not 
permit or authorize (including by granting a waiver 
through the fuels and fuel additives waiver process under 
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section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the 
introduction into commerce of gasoline that— 
(1) contains greater than 10-volume-percent 
ethanol; 
(2) is intended for general use in conventional 
gasoline-powered onroad or nonroad vehicles or en-
gines; and 
(3) is not, on or before the date of enactment 
of this Act— 
(A) registered in accordance with section 
211(b) of such Act (42 U.S.C. 7545(b)); and 
(B) lawfully sold in the United States. 
(b) REPEAL OF EXISTING WAIVERS.— 
(1) IN
GENERAL.—Any waiver described in 
paragraph (2) is repealed and shall have no force or 
effect. 
(2) WAIVER.—A waiver described in this para-
graph— 
(A) is a waiver granted pursuant to section 
211(f)(4) of the Clean Air Act (42 U.S.C. 
7545(f)(4)) prior to the date of enactment of 
this Act that permits or authorizes the intro-
duction into commerce of gasoline that contains 
greater than 10-volume-percent ethanol for gen-
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eral 
use 
in 
conventional 
gasoline-powered 
onroad or nonroad vehicles or engines; and 
(B) includes the following: 
(i) ‘‘Partial Grant and Partial Denial 
of Clean Air Act Waiver Application Sub-
mitted by Growth Energy To Increase the 
Allowable Ethanol Content of Gasoline to 
15 Percent; Decision of the Administrator’’ 
published at 75 Fed. Reg. 68094 (Novem-
ber 4, 2010). 
(ii) ‘‘Partial Grant of Clean Air Act 
Waiver Application Submitted by Growth 
Energy To Increase the Allowable Ethanol 
Content of Gasoline to 15 Percent; Deci-
sion of the Administrator’’ published at 76 
Fed. Reg. 4662 (January 26, 2011). 
(3) EXCEPTION.—Paragraph (1) shall not 
apply with respect to a waiver to the extent such 
waiver permits or authorizes the introduction into 
commerce of gasoline— 
(A) that is described in paragraph (2)(A); 
and 
(B) that is, on or before the date of enact-
ment of this Act— 
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(i) registered in accordance with sec-
tion 211(b) of the Clean Air Act (42 
U.S.C. 7545(b)); and 
(ii) lawfully sold in the United States. 
(c) STUDY.—Not later than 2 years after the date 
of enactment of this Act, the Administrator of the Envi-
ronmental Protection Agency shall conduct, and submit to 
Congress the results of, a comprehensive study on— 
(1) the effects of the introduction into com-
merce of an ethanol-gasoline blend described in sub-
section (b)(2)(A) on consumer products, including— 
(A) onroad and nonroad vehicles; 
(B) nonroad engines (such as lawn mow-
ers); and 
(C) any other applicable gasoline-powered 
vehicles, engines, and devices; 
(2) the impact of an ethanol-gasoline blend de-
scribed in subsection (b)(2)(A) on— 
(A) engine performance of conventional 
gasoline-powered onroad and nonroad vehicles 
and nonroad engines; 
(B) emissions from the use of the blend; 
and 
(C) materials compatibility and consumer 
safety issues associated with the use of such 
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blend (including the identification of insufficient 
data or information for some or all of such ve-
hicles and engines with respect to each of the 
issues described in this subparagraph and sub-
paragraphs (A) and (B)); and 
(3) the ability of wholesale and retail gasoline 
distribution infrastructure, including bulk storage, 
retail storage configurations, and retail equipment 
(including certification of equipment compatibility by 
independent organizations), to introduce such an 
ethanol-gasoline blend into commerce without wide-
spread intentional or unintentional misfueling by 
consumers. 
Æ 
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