I 
116TH CONGRESS 
1ST SESSION H. R. 5113 
To amend the Clean Air Act to reform the renewable fuel program under 
that Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2019 
Mr. WELCH introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Natural 
Resources, and Science, Space, and Technology, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Clean Air Act to reform the renewable fuel 
program 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 ‘‘Growing Renewable 
Energy through Existing and New Environmentally Re-
sponsible Fuels Act’’ or the ‘‘GREENER Fuels Act’’. 
SEC. 2. DEFINITION OF ADMINISTRATOR. 
In this Act, the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency. 
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SEC. 3. LIMITATION ON FUELS DERIVED FROM CORN KER-
NELS. 
(a) ADVANCED BIOFUEL.—Section 211(o)(1)(B) of 
the Clean Air Act (42 U.S.C. 7545(o)(1)(B)) is amend-
ed— 
(1) in clause (i), by striking ‘‘, other than eth-
anol derived from corn starch,’’; and 
(2) by adding at the end the following: 
‘‘(iii) EXCLUSION.—The term ‘ad-
vanced biofuel’ does not include any fuel 
derived from a corn kernel-based feed-
stock.’’. 
(b) CELLULOSIC BIOFUEL.—Section 211(o)(1)(E) of 
the Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amend-
ed— 
(1) by striking ‘‘The term’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—The term’’; and 
(2) by adding at the end the following: 
‘‘(ii) EXCLUSION.—The term ‘cellu-
losic biofuel’ does not include any renew-
able fuel derived from a corn kernel-based 
feedstock.’’. 
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SEC. 4. RENEWABLE BIOMASS. 
(a) PROHIBITION ON INVASIVE SPECIES.—Section 
211(o)(1)(I) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7545(o)(1)(I)) is amended— 
(1) by redesignating clauses (i) through (vii) as 
subclauses (I) through (VII), respectively, and in-
denting the subclauses appropriately; 
(2) in the matter preceding subclause (I) (as so 
redesignated), by striking ‘‘The term’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—The term’’; and 
(3) by adding at the end the following: 
‘‘(ii) EXCLUSION.—The term ‘renew-
able biomass’ does not include any species 
or variety of plant that, as determined by 
the Secretary of Agriculture, in consulta-
tion with other appropriate Federal and 
State agencies, is— 
‘‘(I) invasive; 
‘‘(II) noxious; or 
‘‘(III) potentially invasive, as de-
termined using— 
‘‘(aa) a credible risk assess-
ment tool; or 
‘‘(bb) any other credible 
source.’’. 
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(b) ENSURING COMPLIANCE.— 
(1) RECORDS.—The Administrator shall revise 
the regulations promulgated pursuant to section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)) to 
require that a domestic producer of a crop-based re-
newable fuel shall meet the reporting and records re-
quirements specified in subsections (c) and (d) of 
section 80.1454 of title 40, Code of Federal Regula-
tions (or successor regulations), to verify that feed-
stocks used by the producer are renewable biomass. 
(2) ANNUAL ANALYSIS.—Section 211(o)(11) of 
the Clean Air Act (42 U.S.C. 7545(o)(11)) is 
amended— 
(A) in the paragraph heading, by inserting 
‘‘AND ANALYSES’’ after ‘‘REVIEWS’’; 
(B) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively, and indenting the clauses appropriately; 
(C) in the matter preceding clause (i) (as 
so redesignated), by striking ‘‘To allow’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—To allow’’; and 
(D) by adding at the end the following: 
‘‘(B) ANNUAL ANALYSIS OF FEEDSTOCKS 
AND LAND.— 
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‘‘(i) IN
GENERAL.—Not later than 
April 1 of each year, the Administrator, in 
conjunction with the Secretary of Agri-
culture, shall publish an analysis of the 
feedstocks and land used during the pre-
ceding calendar year to ensure compliance 
with this subsection, including an analysis 
of, with respect to that preceding calendar 
year— 
‘‘(I) the total domestic land area 
used for commercial agricultural pro-
duction; 
‘‘(II) the total area planted to 
produce renewable biomass crops (in-
cluding corn and soy) used to gen-
erate credits under this subsection; 
‘‘(III) the total area reported to 
the Department of Agriculture to be 
‘new breakings’, including a descrip-
tion of— 
‘‘(aa) the number of acres 
that were previously— 
‘‘(AA) wetlands, pas-
ture, rangeland, or grass-
lands enrolled in the con-
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servation reserve program 
established under subchapter 
B of chapter 1 of subtitle D 
of title XII of the Food Se-
curity Act of 1985 (16 
U.S.C. 3831 et seq.); or 
‘‘(BB) other sensitive 
land; and 
‘‘(bb) the crops planted on 
those acres; 
‘‘(IV) the likelihood that renew-
able fuels were produced from feed-
stocks that do not qualify as renew-
able biomass; 
‘‘(V) the number, scope, and out-
comes of any enforcement actions car-
ried out by the Administrator in re-
sponse to noncompliance with the re-
porting and recordkeeping require-
ments of this subsection; and 
‘‘(VI) any documented case in 
which a credit was generated pursu-
ant to this subsection for a fuel that 
is not considered to be renewable bio-
mass. 
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‘‘(ii) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Administrator and the Sec-
retary of Agriculture such sums as are 
necessary for each fiscal year to carry out 
this subparagraph.’’. 
SEC. 5. STRENGTHENING ENVIRONMENTAL STANDARDS. 
(a) ELIMINATION OF GRANDFATHER CLAUSE.— 
(1) IN
GENERAL.—Section 211(o)(2)(A)(i) of 
the Clean Air Act (42 U.S.C. 7545(o)(2)(A)(i)) is 
amended, in the second sentence, by striking ‘‘, in 
the case of any such renewable fuel produced from 
new facilities that commence construction after the 
date of enactment of this sentence,’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) takes effect on January 1, 2021. 
(b) ELIMINATION OF MODIFICATIONS TO GREEN-
HOUSE GAS REDUCTION PERCENTAGES.— 
(1) IN GENERAL.—Section 211(o) of the Clean 
Air Act (42 U.S.C. 7545(o)) is amended— 
(A) by striking paragraph (4); and 
(B) 
by 
redesignating 
paragraphs 
(5) 
through (12) as paragraphs (4) through (11), 
respectively. 
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(2) 
CONFORMING
AMENDMENTS.—Section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is 
amended— 
(A) in paragraph (2)(A)(ii)(II)(cc), by 
striking ‘‘paragraph (5)’’ and inserting ‘‘para-
graph (4)’’; 
(B) in paragraph (3)(C)(ii), by striking 
‘‘paragraph (9)’’ and inserting ‘‘paragraph 
(8)’’; 
(C) in subparagraph (A)(iii) of paragraph 
(4) (as redesignated by paragraph (1)(B)), by 
striking ‘‘paragraph (9)(C)’’ and inserting 
‘‘paragraph (8)(C)’’; 
(D) in subparagraph (D)(ii) of paragraph 
(7) (as redesignated by paragraph (1)(B)), by 
striking ‘‘paragraph (7)’’ and inserting ‘‘para-
graph (6)’’; and 
(E) in subparagraph (C) of paragraph (8) 
(as redesignated by paragraph (1)(B)), by strik-
ing ‘‘paragraph (5)’’ and inserting ‘‘paragraph 
(4)’’. 
SEC. 6. APPLICABLE VOLUMES; SUNSET. 
(a) IN GENERAL.—Section 211(o)(2) of the Clean 
Air Act (42 U.S.C. 7545(o)(2)) is amended by striking 
subparagraph (B) and inserting the following: 
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‘‘(B) APPLICABLE VOLUMES; SUNSET.— 
‘‘(i) CONVENTIONAL
BIOFUEL.—For 
purposes of subparagraph (A), the applica-
ble volume of renewable fuel that is not 
cellulosic biofuel, biomass-based diesel, or 
any other advanced biofuel shall be— 
‘‘(I) for calendar year 2020, 
15,000,000,000 gallons; 
‘‘(II) for calendar year 2021, 
15,000,000,000 gallons; 
‘‘(III) for calendar year 2022, 
15,000,000,000 gallons; 
‘‘(IV) for calendar year 2023, 
15,000,000,000 gallons; 
‘‘(V) for calendar year 2024, 
13,000,000,000 gallons; 
‘‘(VI) for calendar year 2025, 
11,000,000,000 gallons; 
‘‘(VII) for calendar year 2026, 
9,000,000,000 gallons; 
‘‘(VIII) for calendar year 2027, 
7,000,000,000 gallons; 
‘‘(IX) for calendar year 2028, 
5,000,000,000 gallons; 
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‘‘(X) for calendar year 2029, 
3,000,000,000 gallons; and 
‘‘(XI) for calendar year 2030, 
1,000,000,000 gallons. 
‘‘(ii) CELLULOSIC BIOFUEL, BIOMASS- 
BASED
DIESEL, AND
OTHER
ADVANCED 
BIOFUEL.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (III), not later than March 
1 of each calendar year, the Adminis-
trator shall establish for the calendar 
year that the applicable volume of cel-
lulosic biofuel, biomass-based diesel, 
and advanced biofuel (other than cel-
lulosic biofuel and biomass-based die-
sel) for purposes of subparagraph (A) 
shall be equal to the actual volume of 
cellulosic biofuel, biomass-based diesel, 
or advanced biofuel (other than cellu-
losic biofuel and biomass-based die-
sel), respectively, produced during the 
preceding calendar year, as deter-
mined under subclause (II). 
‘‘(II) DETERMINATION
OF
AC-
TUAL PRODUCTION.— 
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‘‘(aa) 
IN
GENERAL.—Not 
later than February 28 of each 
calendar year, the Administrator 
shall determine the actual volume 
of cellulosic biofuel, biomass- 
based 
diesel, 
and 
advanced 
biofuel 
(other 
than 
cellulosic 
biofuel and biomass-based diesel) 
produced during the preceding 
calendar year, based on informa-
tion from the Moderated Trans-
action System of the Environ-
mental Protection Agency. 
‘‘(bb) MID-YEAR REVIEW.— 
Not later than September 1 of 
each calendar year, the Adminis-
trator shall adjust the applicable 
volume requirement under sub-
clause (I) for the calendar year 
for cellulosic biofuel, biomass- 
based diesel, or other advanced 
biofuel to reflect any increase in 
production during that calendar 
year, based on information from 
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the Moderated Transaction Sys-
tem. 
‘‘(III) 
LIMITATION.—Notwith-
standing any other provision of this 
clause, the applicable volume of bio-
mass-based diesel or advanced biofuel 
(other than biomass-based diesel and 
cellulosic biofuel) established pursuant 
to subclause (I) for any calendar year 
shall not exceed 2,000,000,000 gal-
lons. 
‘‘(iii) LIMITATION
ON
VIRGIN
VEGE-
TABLE OILS.— 
‘‘(I) DEFINITION OF VIRGIN VEG-
ETABLE OIL.— 
‘‘(aa) IN GENERAL.—In this 
clause, the term ‘virgin vegetable 
oil’ means any oil pressed directly 
from a harvested crop, including 
soybean, canola, peanut, and 
palm crops. 
‘‘(bb) EXCLUSION.—In this 
clause, the term ‘virgin vegetable 
oil’ does not include any recycled 
or waste oil, such as— 
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not cellulosic biofuel shall cease to 
apply on January 1, 2031. 
‘‘(II) CELLULOSIC
BIOFUEL.— 
The requirement under this para-
graph that transportation fuel sold or 
introduced into commerce in the 
United States (except in noncontig-
uous States or territories), on an an-
nual average basis, shall contain at 
least an applicable volume of renew-
able fuel that is cellulosic biofuel shall 
cease to apply beginning on the earlier 
of— 
‘‘(aa) January 1, 2037; and 
‘‘(bb) January 1 of the cal-
endar year beginning after the 
first calendar year during which 
a 
total 
of 
not 
less 
than 
2,000,000,000 gallons of cellu-
losic biofuel is produced.’’. 
(b) CONFORMING AMENDMENTS.—Section 211(o)(3) 
of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended— 
(1) by striking subparagraph (A); 
(2) by redesignating subparagraphs (B) and 
(C) as subparagraphs (A) and (B), respectively; 
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‘‘(I) INTRODUCTION
INTO
COM-
MERCE
OF
CONVENTIONAL 
BIOFUEL.— 
‘‘(aa) IN
GENERAL.—Not-
withstanding paragraph (2)(B), 
subject to item (bb), the Admin-
istrator shall not establish any 
renewable fuel obligation for a 
calendar year under this sub-
section that would result, directly 
or indirectly, in the introduction 
into commerce in the United 
States of a total volume of con-
ventional biofuel contained in 
transportation fuel that is great-
er than 9.7 percent of the total 
volume of gasoline projected to 
be sold or introduced into com-
merce in the United States for 
that calendar year. 
‘‘(bb) PRIORITIZATION.—In 
carrying out this subparagraph, 
the Administrator shall give pri-
ority to the consumption of com-
mercially available ethanol that is 
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cellulosic biofuel before the con-
sumption of conventional biofuel. 
‘‘(II) APPLICABILITY.—The limi-
tation under subclause (I) shall apply 
without regard to the available supply 
of credits generated during any pre-
ceding calendar year pursuant to 
paragraph (4). 
‘‘(III) EIA ESTIMATE.— 
‘‘(aa) 
IN
GENERAL.—For 
purposes of subclause (I), for 
each calendar year, the Adminis-
trator shall request from the Ad-
ministrator of the Energy Infor-
mation Administration, and use 
without alteration, an estimate of 
the total volume of gasoline pro-
jected to be sold or introduced 
into commerce in the United 
States during that calendar year. 
‘‘(bb) REQUIREMENT.—The 
Administrator of the Energy In-
formation Administration shall 
provide to the Administrator each 
estimate requested pursuant to 
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item (aa) relating to a calendar 
year by not later than February 
28 of that calendar year.’’. 
SEC. 8. CELLULOSIC BIOFUEL CREDITS. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended, in paragraph (4) (as redesignated 
by section 5(b)(1)(B))— 
(1) in subparagraph (C)— 
(A) by striking ‘‘A credit’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), a credit’’; and 
(B) by adding at the end the following: 
‘‘(ii) CELLULOSIC
BIOFUEL
CRED-
ITS.—Notwithstanding clause (i), a cellu-
losic biofuel credit generated pursuant to 
this paragraph shall be valid to dem-
onstrate compliance with paragraph (2) 
for— 
‘‘(I) the calendar year during 
which the credit is generated; and 
‘‘(II) 
the 
following 
calendar 
year.’’; and 
(2) by adding at the end the following: 
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‘‘(F) NO LIMITATION ON GENERATION OF 
CELLULOSIC
BIOFUEL
CREDITS.—The regula-
tions promulgated pursuant to paragraph 
(2)(A) shall provide that the number of cellu-
losic biofuel credits that may be generated for 
any calendar year pursuant to this paragraph 
shall not be limited to the applicable volume de-
termined under paragraph (2)(B) of cellulosic 
biofuel for that year.’’. 
SEC. 9. WAIVERS. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended, in paragraph (6) (as redesignated 
by section 5(b)(1)(B))— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘may waive’’ and inserting ‘‘shall 
waive’’; and 
(B) in clause (i), by inserting ‘‘, independ-
ently or in conjunction with other factors,’’ 
after ‘‘implementation of the requirement’’; and 
(2) by striking subparagraphs (D) through (F). 
SEC. 10. LAND TENURE. 
(a) APPROVAL OF RENEWABLE FUEL PATHWAY.— 
In determining whether to approve a renewable fuel path-
way for purposes of the renewable fuel program under sec-
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tion 211(o) of the Clean Air Act (42 U.S.C. 7545(o)), the 
Administrator— 
(1) shall take into consideration the risk that 
production of an applicable feedstock for the path-
way will contribute to the acquisition of land in a 
manner that violates the land tenure rights of any 
individual or community; and 
(2) shall not approve such a feedstock or path-
way if, based on the consideration under paragraph 
(1), the Administrator determines that there exists 
a significant risk described in that paragraph. 
(b) REPORT.—Not later than 120 days after the date 
of enactment of this Act, the Administrator, in consulta-
tion with the Secretary of Agriculture and the Adminis-
trator of the United States Agency for International De-
velopment, shall publish a report that describes the impact 
of the renewable fuel program under section 211(o) of the 
Clean Air Act (42 U.S.C. 7545(o)) on— 
(1) domestic farm ownership consolidation; and 
(2) global land acquisition, including the acqui-
sition of land in a manner that violates the land ten-
ure rights of any individual or community. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
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SEC. 11. COMPREHENSIVE ASSESSMENT OF IMPLICATIONS 
ON USE OF MID-LEVEL ETHANOL BLENDS. 
(a) DEFINITION OF MID-LEVEL ETHANOL BLEND.— 
In this section, the term ‘‘mid-level ethanol blend’’ means 
an ethanol-gasoline blend that— 
(1) contains more than 10 but not more than 
20 percent ethanol by volume; and 
(2) is intended to be used in any conventional, 
gasoline-powered— 
(A) onroad, nonroad, or marine engine; or 
(B) onroad or nonroad vehicle. 
(b) ASSESSMENT.— 
(1) IN
GENERAL.—The Administrator, acting 
through the Assistant Administrators of the Office 
of Research and Development and the Office of Air 
and Radiation, shall— 
(A) not later than 45 days after the date 
of enactment of this Act, enter into an agree-
ment with the National Academy of Sciences 
under which the Academy shall provide to the 
Assistant Administrators, by not later than 18 
months after that date of enactment, a com-
prehensive assessment of the scientific and 
technical research regarding the implications of 
the use of mid-level ethanol blends, as com-
pared to the use of gasoline blends containing 
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10 percent or 0 percent ethanol, in accordance 
with paragraph (2); and 
(B) not later than 30 days after the date 
of receipt of the results of the assessment under 
subparagraph (A), submit to the Committees on 
Science, Space, and Technology and Energy 
and Commerce of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate a report describing the 
findings of the assessment, together with a 
statement describing the agreement or disagree-
ment of the Assistant Administrators with each 
finding. 
(2) CONTENTS.—The assessment under para-
graph (1)(A) shall include each of the following: 
(A) An evaluation of the short- and long- 
term environmental, safety, durability, and per-
formance effects of the introduction of mid-level 
ethanol blends on onroad, nonroad, and marine 
engines, onroad and nonroad vehicles, and re-
lated equipment— 
(i) taking into consideration— 
(I) the impacts of mid-level eth-
anol blends or blends with higher eth-
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anol concentrations as certification 
fuels; and 
(II) the effect of mid-level eth-
anol blends on emissions of carbon di-
oxide, taking into consideration such 
emissions from the lifecycle produc-
tion of the mid-level ethanol blends, as 
compared to gasoline blends con-
taining 10 percent or 0 percent eth-
anol; and 
(ii) including— 
(I) a review of all available sci-
entific evidence, including all relevant 
government and industry data and 
testing, including data relied on by 
the Administrator, as contained in— 
(aa) 
the 
notice 
entitled 
‘‘Partial Grant and Partial De-
nial of Clean Air Act Waiver Ap-
plication Submitted by Growth 
Energy To Increase the Allow-
able Ethanol Content of Gasoline 
to 15 Percent; Decision of the 
Administrator’’ (75 Fed. Reg. 
68094 (November 4, 2010)); 
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(bb) 
the 
notice 
entitled 
‘‘Partial Grant of Clean Air Act 
Waiver Application Submitted by 
Growth Energy To Increase the 
Allowable Ethanol Content of 
Gasoline to 15 Percent; Decision 
of the Administrator’’ (76 Fed. 
Reg. 4662 (January 26, 2011)); 
and 
(cc) the final rule of the Ad-
ministrator entitled ‘‘Regulation 
To Mitigate the Misfueling of Ve-
hicles and Engines With Gasoline 
Containing Greater Than Ten 
Volume Percent Ethanol and 
Modifications to the Reformu-
lated and Conventional Gasoline 
Programs’’ (76 Fed. Reg. 44406 
(July 25, 2011)); and 
(II) an identification of gaps in 
understanding and research needs re-
lating to— 
(aa) tailpipe emissions; 
(bb) evaporative emissions; 
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(cc) engine and fuel system 
durability; 
(dd) onboard diagnostics; 
(ee) emissions inventory and 
other modeling effects; 
(ff) materials compatibility; 
(gg) operability and drivabil-
ity; 
(hh) fuel efficiency; 
(ii) fuel economy; 
(jj) consumer education and 
satisfaction; 
(kk) cost-effectiveness for 
consumers; 
(ll) catalyst durability; 
(mm) durability of storage 
tanks, piping, and dispensers for 
retail use; 
(nn) lifecycle greenhouse gas 
emissions of EO, E10, E15, and 
E85 ethanol blends; and 
(oo) smog formation. 
(B) An identification of areas of research, 
development, and testing necessary— 
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(i) to ensure that existing motor fuel 
infrastructure is not adversely impacted by 
mid-level ethanol blends, including an ex-
amination of the potential impacts of mid- 
level ethanol blends on metal, plastic, rub-
ber, or any other materials used in pipes 
or storage tanks; and 
(ii) to reduce the risk of misfueling by 
users at various points in the distribution 
and supply chains, including at bulk stor-
age, retail storage, and distribution con-
figurations, through an assessment of— 
(I) the best methods and prac-
tices to prevent misfueling; 
(II) misfueling mitigation strate-
gies for blender pumps, including— 
(aa) volumetric purchase re-
quirements; and 
(bb) labeling requirements; 
(III) the adequacy of misfueling 
mitigation plans approved by the En-
vironmental Protection Agency; and 
(IV) the technical standards and 
recommendations regarding fuel pump 
labeling of— 
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(aa) the National Institute 
of Standards and Technology; 
(bb) the American National 
Standards Institute; and 
(cc) the International Orga-
nization for Standardization. 
(c) CLARIFICATION
OF
REID
VAPOR
PRESSURE 
WAIVER.—Paragraph (4) of section 211(h) of the Clean 
Air Act (42 U.S.C. 7545(h)(4)) is amended by inserting 
‘‘not more than’’ before ‘‘10 percent’’. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 12. FEES; PRIVATE LAND PROTECTION AND RESTORA-
TION FUND. 
(a) FEES.— 
(1) ASSESSMENT AND COLLECTION.—Not later 
than 90 days after the date of enactment of this 
Act, the Administrator shall establish— 
(A) a 1-time fee of $0.10 per credit gen-
erated pursuant to paragraph (4) of section 
211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) 
(as 
redesignated 
by 
section 
5(b)(1)(B)), to be assessed at the time the cred-
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