[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4690 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4690

 To amend title II of the Clean Air Act and title II of the Petroleum 
  Marketing Practices Act with respect to high-octane fuels, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2019

Mr. Flores (for himself and Mr. Shimkus) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title II of the Clean Air Act and title II of the Petroleum 
  Marketing Practices Act with respect to high-octane fuels, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century 
Transportation Fuels Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--HIGH-OCTANE FUEL

Sec. 101. High efficiency vehicles.
Sec. 102. Octane disclosure.
Sec. 103. 98 RON certification test fuel.
Sec. 104. Octane sensitivity study.
Sec. 105. Advertisement of price of 95 RON automotive fuel.
                       TITLE II--RENEWABLE FUELS

                   Subtitle A--Renewable Fuel Program

Sec. 201. Updates and revisions to regulations.
Sec. 202. Waivers.
Sec. 203. Applicability.
Sec. 204. State ethanol laws.
                      Subtitle B--Ethanol Waivers

Sec. 211. Reid vapor pressure.
Sec. 212. E20.
                   Subtitle C--Fueling Infrastructure

Sec. 221. Performance standards for new E20 infrastructure.
                   TITLE III--VEHICLE FUEL EFFICIENCY

Sec. 301. Credits for exceeding average fuel economy standards.
Sec. 302. Calculation of average fuel economy.
Sec. 303. Rule of construction.

                       TITLE I--HIGH-OCTANE FUEL

SEC. 101. HIGH EFFICIENCY VEHICLES.

    (a) Requirements.--Part A of title II of the Clean Air Act (42 
U.S.C. 7521 et seq.) is amended by adding at the end the following new 
section:

``SEC. 220. OCTANE SPECIFICATION.

    ``(a) Applicability.--This section applies with respect to any 
motor vehicle (other than a motorcycle) that is introduced into 
commerce that--
            ``(1) is a light-duty vehicle or light-duty truck;
            ``(2) is a model year 2023 or later motor vehicle; and
            ``(3) uses gasoline for propulsion or any other operation 
        of the motor vehicle, including the engine thereof.
    ``(b) Warranty Requirements.--The manufacturer of a motor vehicle 
described in subsection (a) shall warrant to the ultimate purchaser and 
each subsequent purchaser that each such motor vehicle is designed--
            ``(1) to operate with gasoline containing up to and 
        including 20 percent ethanol; and
            ``(2) to meet the design requirements under subsection (c).
    ``(c) Design Requirements.--The manufacturer of a motor vehicle 
described in subsection (a) shall--
            ``(1) design each such motor vehicle--
                    ``(A) to operate using gasoline that has a research 
                octane number of 95 or higher; and
                    ``(B) to improve fuel economy connected to the use 
                of gasoline that has a research octane number of 95 or 
                higher; and
            ``(2) incorporate into each such motor vehicle devices or 
        elements of design (including physical or other barriers, 
        devices, or technological systems) as are determined by the 
        Administrator to be--
                    ``(A) necessary to prevent the introduction of 
                gasoline with a research octane number that is lower 
                than 95 into such motor vehicle; and
                    ``(B) technically and economically feasible.
    ``(d) Infrastructure Requirements.--Any gasoline retailer selling 
gasoline for dispensing into motor vehicles described in subsection (a) 
shall incorporate into the retailer's dispensing equipment such devices 
or elements of design as are determined by the Administrator to be--
            ``(1) necessary for compatibility with the motor vehicle 
        design requirements under subsection (c)(2); and
            ``(2) technically and economically feasible.
    ``(e) Misfueling.--
            ``(1) Prohibitions against tampering and defeat devices for 
        motor vehicles.--In lieu of applying section 203(a)(3) with 
        respect to this section, the following shall apply:
                    ``(A) No person shall--
                            ``(i) remove or render inoperative any 
                        device or element of design installed on or in 
                        a motor vehicle pursuant to subsection (c)(2) 
                        prior to its sale and delivery to the ultimate 
                        purchaser; or
                            ``(ii) knowingly remove or render 
                        inoperative any such device or element of 
                        design after such sale and delivery to the 
                        ultimate purchaser.
                    ``(B) No person shall manufacture or sell, or offer 
                to sell, or install, any part or component intended for 
                use with, or as part of, any motor vehicle, where--
                            ``(i) a principal effect of the part or 
                        component is to bypass, defeat, or render 
                        inoperative any device or element of design 
                        installed on or in a motor vehicle pursuant to 
                        subsection (c)(2); and
                            ``(ii) the person knows or should know that 
                        such part or component is being offered for 
                        sale or installed for such use or put to such 
                        use.
            ``(2) Prohibitions against tampering and defeat devices for 
        dispensing equipment.--
                    ``(A) No person shall knowingly remove or render 
                inoperative any device or element of design 
                incorporated into dispensing equipment pursuant to 
                subsection (d).
                    ``(B) No person shall manufacture or sell, or offer 
                to sell, or incorporate into, any part or component 
                intended for use with, or as part of, any dispensing 
                equipment, where--
                            ``(i) a principal effect of the part or 
                        component is to bypass, defeat, or render 
                        inoperative any device or element of design 
                        incorporated into dispensing equipment pursuant 
                        to subsection (d); and
                            ``(ii) the person knows or should know that 
                        such part or component is being offered for 
                        sale or incorporated for such use or put to 
                        such use.
            ``(3) Limitation on liability.--A manufacturer of a motor 
        vehicle, or a gasoline retailer, that is in compliance with the 
        requirements of this section and the requirements of the 
        Petroleum Marketing Practices Act, shall not be liable under 
        any provision of this Act or any other Federal, State, or local 
        law, including common law, for damages--
                    ``(A) to or caused by a motor vehicle described in 
                subsection (a); and
                    ``(B) that would not have occurred but for the 
                introduction of gasoline with a research octane number 
                that is lower than 95 into such motor vehicle.
    ``(f) Preemption.--
            ``(1) In general.--No State or any political subdivision 
        thereof may adopt or continue in effect any provision of law or 
        regulation with respect to the design of motor vehicles to 
        operate using gasoline with a certain octane content, or the 
        corresponding design of equipment for dispensing such gasoline 
        into such motor vehicles, unless such provision of such law or 
        regulation is the same as the corresponding provision in this 
        section.
            ``(2) Investigative or enforcement actions.--A State or 
        political subdivision thereof may provide for any investigative 
        or enforcement action, remedy, or penalty (including procedural 
        actions necessary to carry out such investigative or 
        enforcement actions, remedies, or penalties) with respect to 
        any provision of law or regulation permitted by paragraph (1).
    ``(g) Enforcement.--
            ``(1) Violations.--
                    ``(A) Manufacturer.--Any manufacturer who violates 
                subsection (b) or (c) shall be subject to a civil 
                penalty of not more than $25,000. Any such violation 
                shall constitute a separate offense with respect to 
                each motor vehicle.
                    ``(B) Gasoline retailer.--Any gasoline retailer who 
                violates subsection (d) shall be subject to a civil 
                penalty of not more than $2,500. Any such violation 
                shall constitute a separate offense with respect to 
                each dispensing equipment.
                    ``(C) Misfueling.--
                            ``(i) In general.--Any person who violates 
                        subsection (e) shall be subject to a civil 
                        penalty of not more than $2,500.
                            ``(ii) Separate offenses.--Any such 
                        violation shall constitute a separate offense 
                        with respect to--
                                    ``(I) each motor vehicle, for 
                                purposes of paragraph (1)(A) of such 
                                subsection;
                                    ``(II) each dispensing equipment, 
                                for purposes of paragraph (2)(A) of 
                                such subsection; and
                                    ``(III) each part or component, for 
                                purposes of paragraph (1)(B) or (2)(B) 
                                of such subsection.
            ``(2) Civil actions; administrative assessment of certain 
        penalties.--The provisions of subsections (b) and (c) of 
        section 205 shall apply with respect to a violation of 
        subsection (b), (c), (d), or (e) of this section to the same 
        extent and in the same manner as such provisions apply with 
        respect to a violation of section 203(a)(3).
    ``(h) Consultation.--
            ``(1) In general.--In promulgating regulations to carry out 
        this section, the Administrator shall consult with persons to 
        be regulated under this section.
            ``(2) Certain design requirements.--In promulgating 
        regulations to carry out subsection (c)(2), the Administrator 
        shall consult with the Secretary of Transportation in addition 
        to the persons described in paragraph (1).
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to relieve a person regulated under this section of any 
obligation to comply with requirements imposed by provisions of Federal 
law other than this section, except to the extent that such 
requirements are in conflict with this section.''.
    (b) Definitions.--Section 216 of the Clean Air Act (42 U.S.C. 7550) 
is amended--
            (1) in paragraph (1), by striking ``and 208'' and inserting 
        ``208, and 220''; and
            (2) by adding at the end the following:
            ``(12) Research octane number.--The term `research octane 
        number' has the meaning given such term in section 201 of the 
        Petroleum Marketing Practices Act.''.
    (c) Regulations.--
            (1) Promulgation.--The Administrator of the Environmental 
        Protection Agency shall--
                    (A) not later than 18 months after the date of 
                enactment of this Act, propose regulations to carry out 
                the amendments made by this section; and
                    (B) not later than 36 months after such date of 
                enactment, finalize regulations to carry out the 
                amendments made by this section.
            (2) Failure to promulgate.--Beginning on the deadline in 
        paragraph (1)(B) for finalizing regulations pursuant to such 
        paragraph, until the Administrator finalizes such regulations, 
        the Administrator is deemed--
                    (A) to have determined under section 220(c)(2) of 
                the Clean Air Act, as added by subsection (a) of this 
                section, that each manufacturer of a motor vehicle 
                subject to such section 220(c)(2) shall incorporate a 
                restrictor assembly into the vehicle's fuel filler tube 
                so as to accept only a filling nozzle described in 
                subparagraph (B); and
                    (B) to have determined under section 220(d) of such 
                Act that the diameter of each filling nozzle used by a 
                gasoline retailer for dispensing gasoline with a 
                research octane number of 95 or higher into a motor 
                vehicle subject to such section 220(c) shall not exceed 
                0.77 inches.

SEC. 102. OCTANE DISCLOSURE.

    (a) High Efficiency Fuels.--Title II of the Petroleum Marketing 
Practices Act (15 U.S.C. 2821 et seq.) is amended by adding at the end 
the following:

``SEC. 206. HIGH EFFICIENCY FUEL AND VEHICLE MARKETING REQUIREMENTS.

    ``(a) Rule.--The Federal Trade Commission shall, by rule, and in 
consultation with persons to be regulated under this section, consumer 
advocates, and other stakeholders, as appropriate--
            ``(1) prescribe or revise requirements under this title 
        relating to the certification, display, and representation of 
        the automotive fuel rating of an automotive fuel as necessary 
        to carry out--
                    ``(A) the requirement under subsection (b); and
                    ``(B) any determination made under subsection (c);
            ``(2) make the determination required under subsection (c); 
        and
            ``(3) prescribe requirements under subsection (d).
    ``(b) Requirement.--The Federal Trade Commission shall require 
that, for purposes of this title, effective January 1, 2023, the 
automotive fuel rating of an automotive fuel with a research octane 
number of 95 or higher be determined only by the research octane number 
of such automotive fuel.
    ``(c) Determination.--The Federal Trade Commission shall determine 
whether, for purposes of this title, effective January 1, 2023, the 
automotive fuel rating of an automotive fuel with a research octane 
number that is lower than 95 should be determined only by the research 
octane number of such automotive fuel.
    ``(d) Labeling.--
            ``(1) In general.--The Federal Trade Commission shall 
        prescribe requirements--
                    ``(A) as the Federal Trade Commission determines 
                necessary with respect to a display at the point of 
                sale to ultimate purchasers of automotive fuel and a 
                display on a motor vehicle to--
                            ``(i) inform such ultimate purchaser of 
                        such automotive fuel and any purchaser or user 
                        of such motor vehicle, that a model year 2023 
                        or later motor vehicle is only warrantied to 
                        use automotive fuel with a research octane 
                        number of 95 or higher; and
                            ``(ii) provide a warning to such ultimate 
                        purchaser of such automotive fuel and any such 
                        purchaser or user of such motor vehicle, that 
                        the use of automotive fuel with a research 
                        octane number that is lower than 95 in a model 
                        year 2023 or later motor vehicle will result in 
                        reduced fuel economy, increased exhaust 
                        emissions, and possible engine damage; and
                    ``(B) that are applicable to--
                            ``(i) a manufacturer of a new motor vehicle 
                        (or an entity making a representation in 
                        connection with the sale of such motor vehicle) 
                        with respect to a display on such motor 
                        vehicle; and
                            ``(ii) an automotive fuel retailer, with 
                        respect to a display at the point of sale to an 
                        ultimate purchaser of automotive fuel.
            ``(2) Considerations.--In prescribing requirements under 
        paragraph (1), the Federal Trade Commission shall ensure that 
        such requirements are designed to be--
                    ``(A) understandable to--
                            ``(i) the ultimate purchaser of automotive 
                        fuel; and
                            ``(ii) any purchaser or user of a model 
                        year 2023 or later motor vehicle; and
                    ``(B) cost-effective for automotive fuel retailers.
    ``(e) Deadlines.--The Federal Trade Commission shall--
            ``(1) not later than June 1, 2020, issue a proposed rule 
        under subsection (a); and
            ``(2) not later than January 1, 2022, issue a final rule 
        under subsection (a).''.
    (b) Enforcement.--Section 203(e) of the Petroleum Marketing 
Practices Act (15 U.S.C. 2823(e)) is amended--
            (1) by striking ``or a rule prescribed'' and inserting ``a 
        rule prescribed''; and
            (2) by striking ``of such section.'' and inserting ``of 
        section 202, or a rule prescribed under section 206.''.
    (c) Table of Contents Amendment.--The table of contents for the 
Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended 
by inserting after the item relating to section 205 the following:

``Sec. 206. High efficiency fuel and vehicle marketing requirements.''.

SEC. 103. 98 RON CERTIFICATION TEST FUEL.

    Not later than January 1, 2025, the Administrator of the 
Environmental Protection Agency shall take such actions as are 
necessary to allow the use of a certification test fuel with a research 
octane number of 98 for purposes of--
            (1) testing and certification under section 206(a) of the 
        Clean Air Act (42 U.S.C. 7525(a)) of motor vehicles described 
        in section 220(a) of the Clean Air Act (as added by section 
        101(a) of this Act); and
            (2) testing and calculation procedures under section 
        32904(c) of title 49, United States Code, with respect to such 
        motor vehicles.

SEC. 104. OCTANE SENSITIVITY STUDY.

    (a) Study.--
            (1) In general.--The Administrator shall seek to enter into 
        appropriate arrangements with the Academy to--
                    (A) conduct a comprehensive study of the octane 
                sensitivity of automotive fuel with a research octane 
                number of 95 or higher; and
                    (B) submit reports described in subsection (b).
            (2) Contents.--In conducting the study under paragraph (1), 
        the Academy shall examine--
                    (A) the octane sensitivity of automotive fuel 
                introduced into commerce for use in light-duty motor 
                vehicles as of the date of enactment of this section;
                    (B) the economic and technological feasibility and 
                impacts of adjusting the octane sensitivity of 
                automotive fuel with a research octane number of 95 or 
                higher to increase automobile and fuel efficiency 
                performance;
                    (C) environmental and public health outcomes from 
                increasing the octane sensitivity of automotive fuel 
                with a research octane number of 95 or higher; and
                    (D) the acceptability of the commercial 
                marketplace, including refiners, automotive fuel 
                retailers, manufacturers, and ultimate users, of 
                increasing the octane sensitivity of automotive fuel 
                with a research octane number of 95 or higher.
            (3) Information.--The Administrator shall provide the 
        Academy, at its request, any information which the Academy 
        determines necessary to conduct the study under paragraph (1).
    (b) Reports.--
            (1) Interim reports.--Not later than July 1, 2019, and 
        every 6 months thereafter until a final report is submitted 
        under paragraph (2), the Academy shall submit to Congress and 
        the Administrator a report on the progress of the study 
        conducted under subsection (a).
            (2) Final report.--Not later than December 31, 2021, the 
        Academy shall submit to Congress and the Administrator a final 
        report on the study conducted under subsection (a).
    (c) Definitions.--In this section:
            (1) Academy.--The term ``Academy'' means the National 
        Academy of Sciences, or if the National Academy of Sciences 
        declines to enter into an arrangement pursuant to subsection 
        (a), another appropriate entity.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Octane sensitivity.--The term ``octane sensitivity'' 
        means, with respect to automotive fuel used in an automotive 
        spark-ignition engine, the difference between the research 
        octane number and the motor octane number for such automotive 
        fuel.
            (4) Research octane number and motor octane number.--The 
        terms ``research octane number'' and ``motor octane number'' 
        have the meaning given such terms in section 201 of the 
        Petroleum Marketing Practices Act (15 U.S.C. 2821).

SEC. 105. ADVERTISEMENT OF PRICE OF 95 RON AUTOMOTIVE FUEL.

    (a) In General.--It shall be unlawful for any person to sell or 
offer for sale, at retail, automotive fuel with a research octane 
number of 95 unless such person displays, in a manner specified in the 
rules promulgated under subsection (b), the total price per gallon of 
such fuel on any sign on which such person displays the price of the 
most-sold grade of automotive fuel of such person.
    (b) Rulemaking.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Federal Trade Commission shall 
        promulgate, in accordance with section 553 of title 5, United 
        States Code, any rules necessary for the implementation and 
        enforcement of this section.
            (2) Contents.--Such rules--
                    (A) shall define ``retail'' and ``most-sold'' for 
                the purposes of this section;
                    (B) shall specify the manner in which the price of 
                automotive fuel with a research octane number of 95 
                must be displayed in order to comply with subsection 
                (a); and
                    (C) shall be consistent with the requirements for 
                declaring unfair acts or practices in section 5(n) of 
                the Federal Trade Commission Act (15 U.S.C. 45(n)).
    (c) Enforcement.--A violation of subsection (a) shall be treated as 
a violation of a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall 
enforce this section in the same manner, by the same means, and with 
the same jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 
et seq.) were incorporated into and made part of this section.
    (d) Sunset.--Effective January 1, 2029, this section is repealed.

                       TITLE II--RENEWABLE FUELS

                   Subtitle A--Renewable Fuel Program

SEC. 201. UPDATES AND REVISIONS TO REGULATIONS.

    (a) Regulations.--
            (1) Addition of conventional biofuel.--Clause (i) of 
        section 211(o)(2)(A) of the Clean Air Act (42 U.S.C. 
        7545(o)(2)(A)) is amended to read as follows:
                            ``(i) In general.--The Administrator shall 
                        by regulation require--
                                    ``(I) transportation fuel sold or 
                                introduced into commerce in the United 
                                States (except in noncontiguous States 
                                or territories), on an annual average 
                                basis, contains at least the applicable 
                                volume of renewable fuel, advanced 
                                biofuel, cellulosic biofuel, 
                                conventional biofuel, and biomass-based 
                                diesel, determined in accordance with 
                                subparagraph (B); and
                                    ``(II) renewable fuel produced from 
                                facilities that commenced construction 
                                after December 19, 2007 (the date of 
                                enactment of the Energy Independence 
                                and Security Act of 2007), achieves at 
                                least a 20-percent reduction in 
                                lifecycle greenhouse gas emissions 
                                compared to baseline lifecycle 
                                greenhouse gas emissions.''.
            (2) Conforming amendments.--
                    (A) Section 211(o)(2)(A) of the Clean Air Act (42 
                U.S.C. 7545(o)(2)(A)) is amended by striking clause 
                (iv).
                    (B) Subparagraph (A) of section 211(o)(4) of the 
                Clean Air Act (42 U.S.C. 7545(o)(4)(A)) is amended by 
                striking ``the last sentence of''.
                    (C) Subparagraph (E) of section 211(o)(4) of the 
                Clean Air Act (42 U.S.C. 7545(o)(4)(E)) is amended by 
                striking ``the last sentence of''.
    (b) Applicable Volume of Conventional Biofuel.--Section 
211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is 
amended to by adding at the end the following:
                                    ``(V) Conventional biofuel.--
                                            ``(aa) In general.--For the 
                                        purpose of subparagraph (A), of 
                                        the volume of renewable fuel 
                                        required under subclause (I), 
                                        the applicable volume of 
                                        conventional biofuel for the 
                                        calendar years 2020 through 
                                        2022 shall be determined in 
                                        accordance with the following 
                                        table:


 
                                                   Applicable volume of
                                                   conventional biofuel
 
                ``Calendar year:                     (in billions of
                                                        gallons):
 
2020...........................................                       15
2021...........................................                       15
2022...........................................                      15.
 

                                            ``(bb) Applicability.--This 
                                        subclause shall cease to apply 
                                        on January 1, 2023.''.
    (c) Other Calendar Years.--
            (1) In general.--Section 211(o)(2)(B) of the Clean Air Act 
        (42 U.S.C. 7545(o)(2)(B)) is amended by striking clauses (ii) 
        through (v) and inserting the following:
                            ``(ii) Subsequent calendar years.--For the 
                        purposes of subparagraph (A), the applicable 
                        volumes of advanced biofuel, cellulosic 
                        biofuel, and biomass-based diesel for each of 
                        calendar years 2023 through 2032 shall be--
                                    ``(I) determined by the 
                                Administrator not later than March 1 of 
                                such calendar year; and
                                    ``(II) subject to adjustment 
                                pursuant to the mid-year review under 
                                clause (iv)(II), equal to the actual 
                                volume of advanced biofuel, cellulosic 
                                biofuel, or biomass-based diesel, 
                                respectively, produced during the 
                                preceding calendar year, as determined 
                                under clause (iv)(I).
                            ``(iii) Special rule for subsequent 
                        calendar years for biomass-based diesel.--The 
                        applicable volume of biomass-based diesel for 
                        each of calendar years 2020 through 2022 shall 
                        be determined in accordance with this 
                        subparagraph, as in effect on the day before 
                        the date of enactment of the 21st Century 
                        Transportation Fuels Act.
                            ``(iv) Determination of actual 
                        production.--
                                    ``(I) In general.--Not later than 
                                February 28 of a calendar year 
                                described in clause (ii), the 
                                Administrator shall, based on 
                                information from the Moderated 
                                Transaction System, determine--
                                            ``(aa) the actual volume 
                                        produced during the preceding 
                                        calendar year of advanced 
                                        biofuel; and
                                            ``(bb) of such actual 
                                        volume, the actual volume of 
                                        each of cellulosic biofuel, 
                                        biomass-based diesel, and other 
                                        advanced biofuel.
                                    ``(II) Mid-year review.--Not later 
                                than September 1 of each calendar year 
                                described in clause (ii), the 
                                Administrator shall adjust the 
                                applicable volume requirement under 
                                clause (ii) for the calendar year for 
                                advanced biofuel, cellulosic biofuel, 
                                or biomass-based diesel to reflect any 
                                increase in production during that 
                                calendar year, based on information 
                                from the Moderated Transaction 
                                System.''.
            (2) Conforming definition.--Section 211(o)(1) of the Clean 
        Air Act (42 U.S.C. 7545(o)(1)) is amended--
                    (A) by redesignating subparagraphs (I) through (L) 
                as subparagraphs (J) through (M), respectively; and
                    (B) by inserting, after subparagraph (H), the 
                following:
                    ``(I) Moderated transaction system.--The term 
                `Moderated Transaction System' means--
                            ``(i) the EPA Moderated Transaction System 
                        as defined in section 80.1401 of title 40, Code 
                        of Federal Regulations (or successor 
                        regulations); or
                            ``(ii) any successor system.''.
    (d) Definition of Renewable Biomass.--Subparagraph (J) of section 
211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as redesignated 
by subsection (c)(2) of this section, is amended--
            (1) in clause (i), by striking ``at any time prior to the 
        enactment of this sentence'';
            (2) by amending clause (ii) to read as follows:
                            ``(ii) Trees and tree residue from land, 
                        including land belonging to an Indian tribe or 
                        an Indian individual that is held in trust by 
                        the United States or subject to a restriction 
                        against alienation imposed by the United 
                        States.''; and
            (3) in clause (iv), by striking ``non-federal''.

SEC. 202. WAIVERS.

    Subject to section 203(c) of this Act, section 211(o)(7) of the 
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
            (1) in subparagraph (A), by striking ``the national 
        quantity of renewable fuel'' and inserting ``the national 
        quantity of advanced biofuel, cellulosic biofuel, or biomass-
        based diesel''; and
            (2) by striking subparagraphs (D), (E), and (F).

SEC. 203. APPLICABILITY.

    (a) Applicable Calendar Years.--Except as provided in subsections 
(b) through (e), the amendments made by this subtitle apply with 
respect to calendar year 2020 and subsequent calendar years. Section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)), as in effect on the 
day before the date of enactment of this Act, shall continue to apply 
with respect to calendar years before calendar year 2020.
    (b) Regulations.--The Administrator of the Environmental Protection 
Agency shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, shall promulgate the regulations required by 
        paragraph (2)(A)(i) of section 211(o) of the Clean Air Act (42 
        U.S.C. 7545(o)), as amended by section 201 of this Act, 
        respecting the requirements under such section 211(o) 
        applicable for calendar years 2020, 2021, and 2022; and
            (2) not later than January 1, 2021, shall promulgate the 
        regulations required by such paragraph (2)(A)(i) respecting the 
        requirements under such section 211(o) applicable for calendar 
        year 2023 and subsequent calendar years.
    (c) Waiver Authority.--The amendments made by section 202 of this 
Act to section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) 
shall take effect on January 1, 2023.
    (d) Definition.--The amendment made by section 201(d) of this Act 
to subparagraph (J) of section 211(o)(1) of the Clean Air Act (42 
U.S.C. 7545(o)(1)), as redesignated by section 201(c)(2) of this Act, 
shall take effect on the date of enactment of this Act.
    (e) Repeals.--Effective January 1, 2033, subsections (o), (q), and 
(v) of section 211 of the Clean Air Act (42 U.S.C. 7545) are repealed.

SEC. 204. STATE ETHANOL LAWS.

    (a) In General.--No State or political subdivision of a State may 
prohibit or require any particular blend, concentration, or percentage 
of ethanol in any automotive fuel.
    (b) Exception.--This section does not restrict the authority of a 
State or political subdivision of a State to continue to enforce any 
such prohibition or requirement in effect prior to the date of 
enactment of this Act.

                      Subtitle B--Ethanol Waivers

SEC. 211. REID VAPOR PRESSURE.

    (a) Reid Vapor Pressure Limitation.--Section 211(h) of the Clean 
Air Act (42 U.S.C. 7545(h)) is amended--
            (1) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or more'' after ``10 percent''; and
                    (B) in subparagraph (C), by striking ``additional 
                alcohol or''; and
            (2) in paragraph (5)(A), by inserting ``or more'' after 
        ``10 percent''.
    (b) Existing Waivers.--Section 211(f)(4) of the Clean Air Act (42 
U.S.C. 7545(f)(4)) is amended--
            (1) by striking ``The Administrator, upon'' and inserting 
        ``(A) The Administrator, upon''; and
            (2) by adding at the end the following:
    ``(B) A fuel or fuel additive with respect to which a waiver has 
been granted in accordance with subparagraph (A) prior to January 1, 
2017, and that meets all of the conditions of that waiver, other than 
the waiver's limits for Reid vapor pressure, may be introduced into 
commerce if the fuel or fuel additive meets all other applicable Reid 
vapor pressure requirements.''.

SEC. 212. E20.

    Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), as 
amended by section 211(b) of this Act, is further amended by adding at 
the end the following:
    ``(C) The Administrator shall grant a waiver in accordance with 
subparagraph (A) with respect to a fuel with a concentration of ethanol 
that is--
            ``(i) not more than 20 percent; and
            ``(ii) more than 15 percent.''.

                   Subtitle C--Fueling Infrastructure

SEC. 221. PERFORMANCE STANDARDS FOR NEW E20 INFRASTRUCTURE.

    Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is 
amended by adding at the end the following:
    ``(k) E20 Retail Dispenser Systems.--
            ``(1) In general.--The Administrator shall, not later than 
        1 year prior to the effective date specified in paragraph (3), 
        issue or revise, as necessary, performance standards for 
        dispenser systems described in paragraph (2) to require that 
        such dispenser systems be compatible with automotive fuel with 
        a concentration of up to and including 20 percent ethanol by 
        volume.
            ``(2) Dispenser systems.--This subsection applies with 
        respect to dispenser systems that are--
                    ``(A) on or after the effective date specified in 
                paragraph (3), brought into use to dispense at retail 
                automotive fuel from an underground storage tank; and
                    ``(B) subject to regulation under sections 1910.106 
                and 1926.152 of title 29, Code of Federal Regulations 
                (as in effect on the date of enactment of this 
                subsection).
            ``(3) Effective date.--Standards issued or revised pursuant 
        to paragraph (1) shall take effect on the later of--
                    ``(A) January 1, 2023; and
                    ``(B) the date on which the Administrator first 
                grants a waiver pursuant to section 211(f)(4)(C) of the 
                Clean Air Act.
            ``(4) Definitions.--In this subsection:
                    ``(A) Automotive fuel.--The term `automotive fuel' 
                has the meaning given such term in section 201(6) of 
                the Petroleum Marketing Practices Act (15 U.S.C. 
                2821(6)).
                    ``(B) Compatible; dispenser system.--The terms 
                `compatible' and `dispenser system' have the meaning 
                given such terms in section 280.12 of title 40, Code of 
                Federal Regulations (as in effect on the date of 
                enactment of this subsection).''.

                   TITLE III--VEHICLE FUEL EFFICIENCY

SEC. 301. CREDITS FOR EXCEEDING AVERAGE FUEL ECONOMY STANDARDS.

    Section 32903 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and moving 
                their margins 2 ems to the right;
                    (B) in the matter preceding subparagraph (A), as 
                redesignated, by striking ``When'' and inserting the 
                following:
            ``(1) In general.--When'';
                    (C) in paragraph (1)(B), as redesignated, by 
                striking ``paragraph (1)'' and inserting ``subparagraph 
                (A),''; and
                    (D) by adding at the end the following:
            ``(2) Model years 2016 through 2021.--Notwithstanding 
        paragraph (1)(B), beginning with model year 2016 and ending 
        with model year 2021, a manufacturer may apply any credits 
        earned after model year 2009 pursuant to paragraph (1), which 
        have not been applied pursuant to paragraph (1)(A), to any 
        model year beginning after the model year for which the credits 
        are earned.'';
            (2) in subsection (b)(2)(B), by striking ``subsection 
        (a)(1) of this section'' and inserting ``subsection 
        (a)(1)(A)''; and
            (3) in subsection (g)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``2011'' and inserting ``2010'';
                            (ii) in subparagraph (B), by striking 
                        ``2017, 1.5 miles per gallon; and'' and 
                        inserting ``2016, 1.5 miles per gallon;''; and
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) for model years 2017 and 2018, 2.0 miles per 
                gallon;
                    ``(D) for model years 2019 through 2021, 4.0 miles 
                per gallon; and
                    ``(E) for model year 2022 and subsequent model 
                years, 6.0 miles per gallon.''; and
                    (B) in paragraph (5), by striking ``2010'' and 
                inserting ``2009''.

SEC. 302. CALCULATION OF AVERAGE FUEL ECONOMY.

    Section 32904(a) of title 49, United States Code, is amended by 
adding at the end the following:
    ``(3) For model years 2012 through 2025, if requested by a 
manufacturer, the average fuel economy calculated by the Administrator 
for the manufacturer's passenger and nonpassenger automobiles shall 
include off-cycle technology fuel economy credits equivalent to the 
credits calculated by the Administrator for the off-cycle technology 
under the Administrator's vehicle emissions standards for the same or 
closest model year, provided that the technology has a direct impact 
upon improving fuel economy performance.''.

SEC. 303. RULE OF CONSTRUCTION.

    Nothing in this title or the amendments made by this title may be 
construed to direct or grant new authority to the Secretary of 
Transportation to modify a maximum feasible average fuel economy 
standard established under section 32902 of title 49, United States 
Code. The Secretary's authority to establish and amend a maximum 
feasible average fuel economy standard as provided in such section is 
unaffected by this title and the amendments made by this title.
                                 <all>