118 S2707 IS: Nationwide Consumer and Fuel Retailer Choice Act of 2023
U.S. Senate
2023-07-27
text/xml
EN
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II
118th CONGRESS
1st Session
S. 2707
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mrs. Fischer (for herself, Ms. Duckworth, Mrs. Capito, Mr. Ricketts, Mr. Thune, Mr. Rounds, Mr. Marshall, Ms. Ernst, Mr. Grassley, Mr. Moran, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Wicker, and Ms. Baldwin) 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 with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.
1.

Short title
This Act may be cited as the “Nationwide Consumer and Fuel Retailer Choice Act of 2023”.
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 striking “10 percent” and inserting “10 to 15 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 Nationwide Consumer and Fuel Retailer Choice Act of 2023, and is accompanied by appropriate”; and
(B)
by striking “10 percent” and inserting “10 to 15 percent”.
3.

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)

Credits generated for compliance year 2018
For 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,
the credits shall be—
(AA)
returned to the small refinery and, notwithstanding paragraph (5)(C), deemed eligible for future compliance years; or
(BB)
applied as a credit in the EPA Moderated Transaction System (EMTS) account of the small refinery.
(ii)

Credits generated for compliance years 2016 and 2017
For any small refinery that retired credits generated for compliance years 2016 or 2017 and submitted a petition under subparagraph (B)(i) for that compliance year that remained outstanding as of December 1, 2022, those generated credits 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.”.