[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8536 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8536
To amend the Clean Air Act to reform the Renewable Fuel Standard, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2026
Mr. Arrington (for himself and Mr. Moran) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to reform the Renewable Fuel Standard, 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 ``Fuel and Strengthen the American
Refinery Act of 2026'' or the ``Fuel STAR Act of 2026''.
SEC. 2. RENEWABLE FUEL STANDARD REFORMS.
(a) In General.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended--
(1) in paragraph (2)(B), by adding at the end the
following:
``(vi) Maximum changes in applicable
volumes.--Notwithstanding clauses (iii) through
(v) and the analyses required under subclauses
(I) through (VI) of clause (ii), for the
purpose of making the determinations in clause
(ii), the Administrator shall ensure that, for
the first calendar year that begins after the
date of enactment of this clause and for each
calendar year thereafter, the applicable volume
for renewable fuel that is not advanced biofuel
does not exceed the projected annual domestic
consumption of ethanol blended fuel projected
in the most recent Annual Energy Outlook report
of the Energy Information Administration for
the applicable year.'';
(2) in paragraph (5)--
(A) in subparagraph (C), by striking ``A credit''
and inserting ``Except as provided in subparagraph (F),
a credit''; and
(B) by adding at the end the following:
``(F) Extended duration of certain credits.--A
credit generated under this paragraph in calendar year
2020 through 2022 may be used to show compliance for
any of the 5 calendar years following the date of the
enactment of this subparagraph, except that not more
than 20 percent of the credits used by a person to
demonstrate compliance with paragraph (2) in a calendar
year may be credits that were generated in calendar
year 2020 through 2022.
``(G) Prohibition.--In promulgating regulations
under paragraph (2)(A) to carry out this paragraph, the
Administrator may not impose a requirement to use an
electric credit (commonly referred to as an `e-
RIN').''; and
(3) in paragraph (9)--
(A) in subparagraph (A), by adding at the end the
following:
``(iii) Applicability to certain small
refineries.--
``(I) In general.--A small refinery
described in subclause (III) is
eligible to receive an exemption from
compliance with the requirements of
paragraph (2) with respect to a
calendar year for the reason of
disproportionate economic hardship.
``(II) Treatment.--The
Administrator shall deem any exemption
under this clause as an extension of an
exemption under subparagraph (A), and
the requirements of subparagraphs (B),
(C), and (D) shall apply in the same
manner and to the same extent with
respect to such exemptions as to such
extensions of exemptions.
``(III) Small refineries
described.--A small refinery described
in this subclause is a small refinery--
``(aa) for which the
average aggregate daily crude
oil throughput for a calendar
year (as determined by dividing
the aggregate throughput for
the calendar year by the number
of days in the calendar year)
does not exceed 10,000 barrels;
and
``(bb) that began
production on or after January
1, 2007.'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``the
exemption'' and inserting ``an exemption'';
(ii) in clause (ii), by inserting after
``and other economic factors.'' ``Beginning on
date that is 1 year after the date of enactment
of the Farm, Food, and National Security Act of
2026, such economic factors shall be the
following:
``(I) As applicable to small
refineries under the control of a
holding company, the cost of credits
purchased by such holding company to
demonstrate compliance with paragraph
(2) calendar year divided by the
revenue of such holding company over
the calendar year.
``(II) Whether the costs to a small
refinery of complying with the
requirements of paragraph (2) would
eliminate efficiency gains, as
described in the study of the
Department of Energy titled `Small
Refinery Exemption Study An
Investigation into Disproportionate
Economic Hardship' and dated March
2011.
``(III) Whether the costs to a
small refinery of complying with such
requirements are likely to lead to the
refinery ceasing to operate.
``(IV) Exceptional State regulatory
environment, as determined by the
Administrator.
``(V) Whether a small refinery is
actively building infrastructure to
blend biofuels, as demonstrated by the
submission of a plan to the
Administrator.'';
(iii) in clause (iii)--
(I) by striking ``The
Administrator'' and inserting the
following:
``(I) In general.--The
Administrator''; and
(II) by adding at the end the
following:
``(II) Failure to respond.--If the
Administrator does not, during the 90-
day period described in subclause (I),
provide to the petitioner a description
of the legal basis pursuant to which
the Administrator has determined that
the small refinery that is the subject
of the petition under clause (i) does
not qualify for an extension of an
exemption under subparagraph (A), the
petition shall be considered
granted.''; and
(iv) by adding at the end the following:
``(iv) Approval of certain petitions.--
Notwithstanding clause (ii) and subject to
clause (v), the Administrator shall grant a
petition submitted under clause (i) by a small
refinery for an extension of an exemption under
subparagraph (A) if the Secretary of Energy
determines that, with respect to the small
refinery--
``(I) the disproportionate impacts
index, as described in the report of
the Office of Policy and International
Affairs of the Department of Energy
entitled `Small Refinery Exemption
Study: An Investigation into
Disproportionate Economic Hardship' and
dated March 2011, is greater than or
equal to 1; or
``(II) the viability index, as
described in the report described in
subclause (I), is greater than or equal
to 1.
``(v) Limitation.--The Administrator may
not approve a petition submitted under clause
(i) by a small refinery under the control of a
holding company if such approval would result
in a total exempted volume that--
``(I) taken together with any other
refinery under the control of the
holding company, exceeds 75,000 barrels
of oil produced per day or 50 percent
of the total amount of barrels of oil
produced per day by such refineries,
whichever is greater; or
``(II) exceeds the combined total
capacity for barrels of oil produced
per day by any small refinery under
such control.''; and
(C) in subparagraph (C)--
(i) by striking ``If a small'' and
inserting the following:
``(i) Effect of waiver.--If a small''; and
(ii) by adding at the end the following:
``(ii) Effect of exemption.--If the
Administrator grants a petition for an
extension of an exemption under subparagraph
(A) submitted by a small refinery, the
Administrator may not reallocate the renewable
fuel obligation of that small refinery to other
refineries.''.
(b) Year-Round Sale of E15.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is further amended--
(1) in subsection (f), by adding at the end the following:
``(6) The Reid vapor pressure limitation applicable under this
subsection to fuel blends containing gasoline and a percent of
denatured anhydrous ethanol that exceeds 10 percent and is not more
than 15 percent shall be the same as any such limitation applicable
under this subsection to fuel blends containing gasoline and 10 percent
denatured anhydrous ethanol.''; and
(2) in subsection (h)--
(A) in paragraph (4), by striking ``10 percent''
and inserting ``10 to 15 percent''; and
(B) in paragraph (5)(A), by striking ``10 percent''
and inserting ``10 to 15 percent''.
<all>