[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5132-S5133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3397. Mrs. FISCHER (for herself, Ms. Duckworth, Ms. Klobuchar, Mr.
Grassley, Mr. Peters, Ms. Ernst, Ms. Baldwin, Mr. Gallego, Ms. Smith,
Mr.
[[Page S5133]]
Durbin, Ms. Slotkin, Mr. Marshall, Mr. Ricketts, and Mr. Moran)
submitted an amendment intended to be proposed by her to the bill S.
2296, to authorize appropriations for fiscal year 2026 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title X, insert
the following:
SEC. 10__. NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT
OF 2025.
(a) Short Title.--This section may be cited as the
``Nationwide Consumer and Fuel Retailer Choice Act of 2025''.
(b) 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
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.''.
(c) 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.''.
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