February 13, 2025
Mr. Smith of Nebraska (for himself, Ms. Craig, Mr. Johnson of South Dakota, Ms. Budzinski, Mrs. Miller-Meeks, Ms. Davids of Kansas, Mr. Flood, Mr. Bost, Mr. Miller of Ohio, Mrs. Miller of Illinois, Mr. Finstad, Mr. Estes, Mr. LaHood, Mr. Moore of Utah, Mr. Van Orden, Mr. Nunn of Iowa, Mr. Sorensen, Ms. Kelly of Illinois, Mr. Alford, Mr. Taylor, Mr. Feenstra, Mr. Mann, Mrs. Hinson, Mrs. Fischbach, Mr. Bacon, Mr. Schmidt, Mr. Guest, Mr. Cleaver, Ms. McDonald Rivet, and Mr. Davis of North Carolina) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.
Section 1. Short title
This Act may be cited as the Nationwide Consumer and Fuel Retailer Choice Act of 2025
.
Sec. 2. Nationwide Consumer and Fuel Retailer Choice Act of 2024
(a) Ethanol waiver
(1) Existing waivers
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) is amended—
(A)
by striking (4) The Administrator, upon
and inserting the following:
(4) Waivers
(A) In general
The Administrator, on;
(B)
in subparagraph (A) (as so designated)—
(i)
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
(ii)
in the second sentence, by striking The Administrator
and inserting the following:
(B) Final action
The Administrator; and
(C)
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).
(2) Reid vapor pressure limitation
Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended—
(A)
by striking vapor pressure
each place it appears and inserting Vapor Pressure
;
(B)
in paragraph (4), in the matter preceding subparagraph (A), by striking 10 percent
and inserting 10 to 15 percent
; and
(C)
in paragraph (5)(A)—
(i)
by striking Upon notification, accompanied by
and inserting On receipt of a notification that is submitted after the date of enactment of the Nationwide Consumer and Fuel Retailer Choice Act of 2025, and is accompanied by appropriate
;
(ii)
by striking 10 percent
and inserting 10 to 15 percent
; and
(iii)
by adding at the end the following: Upon the date of enactment of the Nationwide Consumer and Fuel Retailer Choice Act of 2025, any State for which the notification from the Governor of a State was submitted before the date of enactment of the Nationwide Consumer and Fuel Retailer Choice Act of 2025 and to which the Administrator applied the Reid Vapor Pressure limitation established by paragraph (1) shall instead have the Reid Vapor Pressure limitation established by paragraph (4) apply to all fuel blends containing gasoline and 10 to 15 percent denatured anhydrous ethanol that are sold, offered for sale, dispensed, supplied, offered for supply, transported, or introduced into commerce in the area during the high ozone season.
.
(b) 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) Rule
For any small refinery described in clause (ii) or (iii), the credits described in the respective clause 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.
(ii) Compliance years 2016 and 2017
Clause (i) applies with respect to any small refinery that—
(I)
retired credits generated for compliance years 2016 or 2017; and
(II)
submitted a petition under subparagraph (B)(i) for that compliance year that remained outstanding as of December 1, 2022.
(iii) Compliance year 2018
In addition to small refineries described in clause (ii), clause (i) applies with respect to 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.