LEVEL Act
Bill: H.R.190 | Sponsor: Rep. Burgess, Michael C. (R-TX)
Policy area: Environmental Protection

Summary:
Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act
This bill revises the renewable fuel program, including the renewable fuel standard (RFS).
Under current law, the RFS specifies the minimum volume of renewable fuel, such as ethanol, that must be contained in gasoline sold in the United States. The RFS annually increases until 2022 when a minimum of 36 billion gallons of renewable fuel must be blended into gasoline. The bill decreases the volume of renewable fuel that must be contained in gasoline to 7.5 billion gallons each year. The bill also revises the RFS to eliminate separate volume requirements for the following renewable fuel categories: advanced biofuels, cellulosic biofuel, and biomass-based diesel.
In addition, the bill revises requirements concerning waivers from the program. Petitions for waivers from requirements under the renewable fuel program may not be brought by a person who is subject to the requirements of the program, nor by the EPA on its own motion.
The EPA may not authorize the sale of gasoline that contains greater than 10% ethanol, unless the gasoline was registered under the program and lawfully sold in the United States before this bill's enactment.
The EPA must study the effects of gasoline that contains greater than 10% ethanol, including the effects on consumer products, such as nonroad vehicles.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leave Ethanol Volumes at Existing 
Levels Act'' or the ``LEVEL Act''.

SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.

    (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 
7545(o)(1)) is amended to read as follows:
            ``(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 renewable 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 displace 90 percent 
                or more of the fossil fuel normally used in the 
                production of ethanol.
                    ``(B) Waste derived ethanol.--The term `waste 
                derived ethanol' means ethanol derived from--
                            ``(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 `renewable 
                        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 renewable fuel 
                        includes--
                                    ``(I) cellulosic biomass ethanol 
                                and waste derived ethanol; and
                                    ``(II) biodiesel (as defined in 
                                section 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 considered 
                                part of the applicable volume under the 
                                renewable fuel program established by 
                                this subsection).
                    ``(D) Small refinery.--The term `small refinery' 
                means a refinery for which the average aggregate daily 
                crude oil throughput for a calendar year (as determined 
                by dividing the aggregate 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.
            (2) Applicable volumes of renewable fuel.--Subparagraph (B) 
        is amended to read as follows:
                    ``(B) Applicable volume.--For the purpose of 
                subparagraph (A), the applicable volume 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 ``transportation 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 ``transportation 
        fuel'' and inserting ``gasoline'' in clause (ii)(II).
    (d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph 
(4) of section 211(o) of the 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 equivalent 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).
            (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 paragraph (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 conservation 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 calendar year following the date of 
enactment of this Act.
    (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 Information 
        Administration shall provide to the Administrator 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 paragraph (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 ETHANOL BLENDS.

    (a) Prohibition.--Notwithstanding any provision of the Clean Air 
Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental 
Protection Agency may not permit or authorize (including by granting a 
waiver through the fuels and fuel additives waiver process under 
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 engines; 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 paragraph--
                    (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 introduction into commerce of 
                gasoline that contains greater than 10-volume-percent 
                ethanol for general 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 Submitted by 
                        Growth Energy To Increase the Allowable Ethanol 
                        Content of Gasoline to 15 Percent; Decision of 
                        the Administrator'' published at 75 Fed. Reg. 
                        68094 (November 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; Decision 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 enactment of 
                this Act--
                            (i) registered in accordance with section 
                        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 Environmental Protection Agency 
shall conduct, and submit to Congress the results of, a comprehensive 
study on--
            (1) the effects of the introduction into commerce of an 
        ethanol-gasoline blend described in subsection (b)(2)(A) on 
        consumer products, including--
                    (A) onroad and nonroad vehicles;
                    (B) nonroad engines (such as lawn mowers); and
                    (C) any other applicable gasoline-powered vehicles, 
                engines, and devices;
            (2) the impact of an ethanol-gasoline blend described 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 blend (including 
                the identification of insufficient data or information 
                for some or all of such vehicles and engines with 
                respect to each of the issues described in this 
                subparagraph and subparagraphs (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 widespread intentional or unintentional 
        misfueling by consumers.
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