[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3428 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3428

   To amend the Clean Air Act to partially waive the renewable fuel 
                standard when corn inventories are low.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2012

  Mr. Cardin 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 to partially waive the renewable fuel 
                standard when corn inventories are low.

    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 ``Renewable Fuel Standard Flexibility 
Act''.

SEC. 2. PARTIAL WAIVER OF RENEWABLE FUEL STANDARD.

    Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is 
amended by adding at the end the following:
                    ``(G) Consideration of corn inventories.--
                            ``(i) Determinations regarding corn stocks-
                        to-use ratio.--Not later than November 30 of 
                        each year, the Administrator shall determine 
                        and publish the estimated United States corn 
                        stocks-to-use ratio for the applicable crop 
                        year--
                                    ``(I) in consultation with the 
                                Secretary of Agriculture; and
                                    ``(II) based on the most recent 
                                publication of the World Agricultural 
                                Supply and Demand Estimate or other 
                                similar authoritative estimate issued 
                                or used by the Secretary of 
                                Agriculture.
                            ``(ii) Waiver.--Based on the most recent 
                        determination of the Administrator under clause 
                        (i), the Administrator shall waive the 
                        requirements of paragraph (2) by reducing the 
                        national quantity of renewable fuel otherwise 
                        required for a period as follows:


----------------------------------------------------------------------------------------------------------------
``United States Corn  Stocks-to-Use Ratio for
     the  Applicable Crop Year (percent)           Reduction in national quantity of  renewable fuel required
----------------------------------------------------------------------------------------------------------------
Above 10.0...................................  No adjustment
10.0-7.5.....................................  10 percent reduction
7.49-6.0.....................................  15 percent reduction
5.99-5.0.....................................  25 percent reduction
Below 5.0....................................  50 percent reduction.
----------------------------------------------------------------------------------------------------------------

                            ``(iii) Duration.--A waiver under clause 
                        (ii) that is based on a determination under 
                        clause (i) that is made not later than November 
                        30 of a calendar year shall--
                                    ``(I) take effect on the date that 
                                is 30 days after the date on which the 
                                determination is published; and
                                    ``(II) remain in effect for the 
                                following calendar year.
                            ``(iv) Adjustment of renewable fuel 
                        obligation.--On granting a waiver under clause 
                        (ii) that reduces the national quantity of 
                        renewable fuel required for a period to which 
                        paragraph (3) applies, the Administrator shall 
                        adjust the renewable fuel obligation determined 
                        under paragraph (3) in proportion to the 
                        reduction.
                            ``(v) No effect on required volume of 
                        advanced biofuel.--
                                    ``(I) In general.--A waiver granted 
                                under this subparagraph that reduces 
                                the national quantity of renewable fuel 
                                required for a period shall not affect 
                                the volume of advanced biofuel required 
                                under paragraph (2).
                                    ``(II) Applicability.--The 
                                Administrator shall not allow any 
                                volume of conventional biofuel to be 
                                used to satisfy the requirement for 
                                advanced biofuel under paragraph (2).
                            ``(vi) Publication.--The Administrator 
                        shall publish each waiver under clause (ii) in 
                        the Federal Register, including an explanation 
                        of the basis for the waiver.''.
                                 <all>