Title: RFG Modernization Act of 2017
Policy area: Environmental Protection

Summary:
RFG Modernization Act of 2017
This bill amends the Clean Air Act to allow states to request a waiver of the reformulated gasoline requirements from the Environmental Protection Agency (EPA) if the price of gasoline is excessively high. (Sale of reformulated gasoline is required in areas with high smog levels.) In making its determination, the EPA must consider the difference in price between conventional and reformulated gasoline. Waivers are not to exceed 42 days and may be renewed.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4364 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4364

To authorize the Administrator of the Environmental Protection Agency, 
  at the request of a Governor of a State, to waive the reformulated 
  gasoline prohibitions and requirements under section 211(k) of the 
 Clean Air Act with respect to the State or a portion of the State if 
the Administrator determines that the price of gasoline is excessively 
                                 high.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2017

Mr. Sensenbrenner introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To authorize the Administrator of the Environmental Protection Agency, 
  at the request of a Governor of a State, to waive the reformulated 
  gasoline prohibitions and requirements under section 211(k) of the 
 Clean Air Act with respect to the State or a portion of the State if 
the Administrator determines that the price of gasoline is excessively 
                                 high.

    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 ``RFG Modernization Act of 2017''.

SEC. 2. WAIVER OF REFORMULATED GASOLINE REQUIREMENTS WHERE THE PRICE OF 
              GASOLINE IS EXCESSIVELY HIGH.

    (a) In General.--Subsection (k) of section 211 of the Clean Air Act 
(42 U.S.C. 7545) is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) Waivers.--
                    ``(A) In general.--At the request of the Governor 
                of a State, the Administrator may waive the 
                prohibitions and requirements otherwise applicable 
                under this subsection with respect to the State or a 
                portion of a State if the Administrator determines that 
                the price of gasoline in such State or portion is 
                excessively high.
                    ``(B) Considerations.--In making a determination 
                described in subparagraph (A), the Administrator shall 
                consider--
                            ``(i) the price of a gallon of conventional 
                        gasoline, the price of a gallon of reformulated 
                        gasoline, and the difference between the two, 
                        both in raw dollars and as a percentage, in 
                        such State or portion; and
                            ``(ii) such other factors as the 
                        Administrator determines appropriate.
                    ``(C) Process.--On receipt of a request from a 
                Governor for a waiver under subparagraph (A), the 
                Administrator shall--
                            ``(i) issue such waiver if the 
                        Administrator finds that the standard described 
                        in subparagraph (A) is met; or
                            ``(ii) publish an explanation of why such 
                        standard is not met.
                    ``(D) Duration; renewal.--A waiver under this 
                paragraph--
                            ``(i) shall be for a period of not more 
                        than 42 days; and
                            ``(ii) may be renewed.''.
    (b) Technical Correction.--Subparagraphs (E) and (F) of section 
211(k)(11) of the Clean Air Act, as redesignated by subsection (a), are 
amended by moving the margins of such subparagraphs 2 ems to the right.
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