II 118th CONGRESS 1st Session S. 2707 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mrs. Fischer (for herself, Ms. Duckworth , Mrs. Capito , Mr. Ricketts , Mr. Thune , Mr. Rounds , Mr. Marshall , Ms. Ernst , Mr. Grassley , Mr. Moran , Mr. Hoeven , Mrs. Hyde-Smith , Mr. Wicker , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.

1. Short title This Act may be cited as the Nationwide Consumer and Fuel Retailer Choice Act of 2023 . 2. Ethanol waiver (a) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) ) is amended— (1) by striking (4) The Administrator, upon and inserting the following: (4) Waivers (A) In general The Administrator, on ; (2) in subparagraph (A) (as so designated)— (A) in the first sentence— (i) by striking of this subsection each place it appears; and (ii) by striking if he determines and inserting if the Administrator determines ; and (B) in the second sentence— (i) by striking such an application and inserting an application described in subparagraph (A) ; and (ii) by striking The Administrator and inserting the following: (B) Final action The Administrator ; and (3) by adding at the end the following: (C) Reid vapor pressure A fuel or fuel additive may be introduced into commerce if— (i) (I) the Administrator determines that the fuel or fuel additive is substantially similar to a fuel or fuel additive utilized in the certification of any model year vehicle pursuant to paragraph (1)(A); or (II) the fuel or fuel additive has been granted a waiver under subparagraph (A) and meets all of the conditions of that waiver other than any limitation of the waiver with respect to the Reid Vapor Pressure of the fuel or fuel additive; and (ii) the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h). . (b) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) ) is amended— (1) by striking vapor pressure each place it appears and inserting Vapor Pressure ; (2) in paragraph (4), in the matter preceding subparagraph (A), by striking 10 percent and inserting 10 to 15 percent ; and (3) in paragraph (5)(A)— (A) by striking Upon notification, accompanied by and inserting On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Nationwide Consumer and Fuel Retailer Choice Act of 2023 , and is accompanied by appropriate ; and (B) by striking 10 percent and inserting 10 to 15 percent . 3. Generation of credits by small refineries under the renewable fuel program Section 211(o)(9) of the Clean Air Act ( 42 U.S.C. 7545(o)(9) ) is amended by adding at the end the following: (E) Credits generated for 2016-2018 compliance years (i) Credits generated for compliance year 2018 For any small refinery— (I) that submitted a petition under subparagraph (B)(i) for compliance year 2018 by September 1, 2019; (II) that retired credits generated for compliance year 2018 as part of the compliance demonstration of the small refinery for compliance year 2018 by March 31, 2019; and (III) for which— (aa) the petition remained outstanding as of December 1, 2022; or (bb) the Administrator denied the petition as of July 1, 2022, and has not returned the retired credits as of December 1, 2022, the credits shall be— (AA) returned to the small refinery and, notwithstanding paragraph (5)(C), deemed eligible for future compliance years; or (BB) applied as a credit in the EPA Moderated Transaction System (EMTS) account of the small refinery. (ii) Credits generated for compliance years 2016 and 2017 For any small refinery that retired credits generated for compliance years 2016 or 2017 and submitted a petition under subparagraph (B)(i) for that compliance year that remained outstanding as of December 1, 2022, those generated credits shall be— (I) returned to the small refinery and, notwithstanding paragraph (5)(C), deemed eligible for future compliance years; or (II) applied as a credit in the EPA Moderated Transaction System (EMTS) account of the small refinery. .