Nationwide Consumer and Fuel Retailer Choice Act of 2025
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 is applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with up to 15% ethanol (E15). This change allows gasoline that is blended with 10% to 15% ethanol to be sold year-round.
Currently, states may be excluded from the waiver for Reid Vapor Pressure requirements by submitting documentation supporting that the waiver would increase air pollution. The bill nullifies existing state exclusions, but states may submit documentation after enactment of the bill to be excluded going forward.
The bill also modifies the Renewable Fuel Standard Program, which requires transportation fuel sold or introduced into commerce in the United States to contain minimum volumes of renewable fuel. Under the existing program, obligated parties, such as small refineries, must satisfy the volume obligations by either blending renewable fuels into their gasoline or diesel fuel products or by acquiring credits that represent the required renewable fuel volume. The bill directs the Environmental Protection Agency to return compliance credits to small refineries under certain circumstances.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1346 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1346
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
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
_______________________________________________________________________
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 ``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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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