Consumer and Fuel Retailer Choice Act of 2023

Consumer and Fuel Retailer Choice Act of 2023

This bill amends the Clean Air Act to address the limitations on Reid Vapor Pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season. Specifically, the bill applies the waiver for Reid Vapor Pressure requirements that are applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with more than 10% ethanol. This change allows gasoline that is blended with more than 10% ethanol to be sold year round.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1608 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1608

To amend the Clean Air Act with respect to the ethanol waiver for Reid 
         Vapor Pressure under that Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2023

  Mr. Smith of Nebraska (for himself, Ms. Craig, Mr. Johnson of South 
   Dakota, Mrs. Miller-Meeks, Ms. Kaptur, Mr. Kildee, Mr. Graves of 
      Missouri, Mr. Flood, Mr. Bacon, Mr. LaTurner, Mr. Bost, Mr. 
Luetkemeyer, Mr. Feenstra, Mr. Carson, Mrs. Fischbach, Mrs. Hinson, Mr. 
LaHood, and Mr. Nunn of Iowa) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 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.

    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 ``Consumer and Fuel Retailer Choice 
Act of 2023''.

SEC. 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 inserting ``or more'' after ``10 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 Consumer and Fuel Retailer Choice 
                Act of 2023, and is accompanied by appropriate''; and
                    (B) by inserting ``or more'' after ``10 percent''.
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