I
119THCONGRESS
1
STSESSION H. R. 1346
To amend the Clean Air Act with respect to the ethanol waiver for Reid
Vapor Pressure under that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY13, 2025
Mr. S
MITHof Nebraska (for himself, Ms. CRAIG, Mr. JOHNSONof South Da-
kota, Ms. B
UDZINSKI, Mrs. MILLER-MEEKS, Ms. DAVIDSof Kansas, Mr.
F
LOOD, Mr. BOST, Mr. MILLERof Ohio, Mrs. MILLERof Illinois, Mr.
F
INSTAD, Mr. ESTES, Mr. LAHOOD, Mr. MOOREof Utah, Mr. VAN
O
RDEN, Mr. NUNNof Iowa, Mr. SORENSEN, Ms. KELLYof Illinois, Mr.
A
LFORD, Mr. TAYLOR, Mr. FEENSTRA, Mr. MANN, Mrs. HINSON, Mrs.
F
ISCHBACH, Mr. BACON, Mr. SCHMIDT, Mr. GUEST, Mr. CLEAVER, Ms.
M
CDONALDRIVET, and Mr. DAVISof North Carolina) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 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.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Nationwide Consumer 4
and Fuel Retailer Choice Act of 2025’’. 5
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
•HR 1346 IH
SEC. 2. NATIONWIDE CONSUMER AND FUEL RETAILER 1
CHOICE ACT OF 2024. 2
(a) E
THANOLWAIVER.— 3
(1) E
XISTING WAIVERS.—Section 211(f)(4) of 4
the Clean Air Act (42 U.S.C. 7545(f)(4)) is amend-5
ed— 6
(A) by striking ‘‘(4) The Administrator, 7
upon’’ and inserting the following: 8
‘‘(4) W
AIVERS.— 9
‘‘(A) I
N GENERAL.—The Administrator, 10
on’’; 11
(B) in subparagraph (A) (as so des-12
ignated)— 13
(i) in the first sentence— 14
(I) by striking ‘‘of this sub-15
section’’ each place it appears; and 16
(II) by striking ‘‘if he deter-17
mines’’ and inserting ‘‘if the Adminis-18
trator determines’’; and 19
(ii) in the second sentence, by striking 20
‘‘The Administrator’’ and inserting the fol-21
lowing: 22
‘‘(B) F
INAL ACTION.—The Adminis-23
trator’’; and 24
(C) by adding at the end the following: 25
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
•HR 1346 IH
‘‘(C) REID VAPOR PRESSURE .—A fuel or 1
fuel additive may be introduced into commerce 2
if— 3
‘‘(i)(I) the Administrator determines 4
that the fuel or fuel additive is substan-5
tially similar to a fuel or fuel additive uti-6
lized in the certification of any model year 7
vehicle pursuant to paragraph (1)(A); or 8
‘‘(II) the fuel or fuel additive has been 9
granted a waiver under subparagraph (A) 10
and meets all of the conditions of that 11
waiver other than any limitation of the 12
waiver with respect to the Reid Vapor 13
Pressure of the fuel or fuel additive; and 14
‘‘(ii) the fuel or fuel additive meets all 15
other applicable Reid Vapor Pressure re-16
quirements under subsection (h).’’. 17
(2) R
EID VAPOR PRESSURE LIMITATION .—Sec-18
tion 211(h) of the Clean Air Act (42 U.S.C. 19
7545(h)) is amended— 20
(A) by striking ‘‘vapor pressure’’ each 21
place it appears and inserting ‘‘Vapor Pres-22
sure’’; 23
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
•HR 1346 IH
(B) in paragraph (4), in the matter pre-1
ceding subparagraph (A), by striking ‘‘10 per-2
cent’’ and inserting ‘‘10 to 15 percent’’; and 3
(C) in paragraph (5)(A)— 4
(i) by striking ‘‘Upon notification, ac-5
companied by’’ and inserting ‘‘On receipt 6
of a notification that is submitted after the 7
date of enactment of the Nationwide Con-8
sumer and Fuel Retailer Choice Act of 9
2025, and is accompanied by appropriate’’; 10
(ii) by striking ‘‘10 percent’’ and in-11
serting ‘‘10 to 15 percent’’; and 12
(iii) by adding at the end the fol-13
lowing: ‘‘Upon the date of enactment of 14
the Nationwide Consumer and Fuel Re-15
tailer Choice Act of 2025, any State for 16
which the notification from the Governor 17
of a State was submitted before the date 18
of enactment of the Nationwide Consumer 19
and Fuel Retailer Choice Act of 2025 and 20
to which the Administrator applied the 21
Reid Vapor Pressure limitation established 22
by paragraph (1) shall instead have the 23
Reid Vapor Pressure limitation established 24
by paragraph (4) apply to all fuel blends 25
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
•HR 1346 IH
containing gasoline and 10 to 15 percent 1
denatured anhydrous ethanol that are sold, 2
offered for sale, dispensed, supplied, of-3
fered for supply, transported, or introduced 4
into commerce in the area during the high 5
ozone season.’’. 6
(b) G
ENERATION OF CREDITS BYSMALLREFIN-7
ERIESUNDER THERENEWABLEFUELPROGRAM.—Sec-8
tion 211(o)(9) of the Clean Air Act (42 U.S.C. 9
7545(o)(9)) is amended by adding at the end the fol-10
lowing: 11
‘‘(E) C
REDITS GENERATED FOR 2016 –2018 12
COMPLIANCE YEARS.— 13
‘‘(i) R
ULE.—For any small refinery 14
described in clause (ii) or (iii), the credits 15
described in the respective clause shall 16
be— 17
‘‘(I) returned to the small refin-18
ery and, notwithstanding paragraph 19
(5)(C), deemed eligible for future 20
compliance years; or 21
‘‘(II) applied as a credit in the 22
EPA Moderated Transaction System 23
(EMTS) account of the small refinery. 24
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB 6
•HR 1346 IH
‘‘(ii) COMPLIANCE YEARS 2016 AND 1
2017.—Clause (i) applies with respect to 2
any small refinery that— 3
‘‘(I) retired credits generated for 4
compliance years 2016 or 2017; and 5
‘‘(II) submitted a petition under 6
subparagraph (B)(i) for that compli-7
ance year that remained outstanding 8
as of December 1, 2022. 9
‘‘(iii) C
OMPLIANCE YEAR 2018 .—In 10
addition to small refineries described in 11
clause (ii), clause (i) applies with respect 12
to any small refinery— 13
‘‘(I) that submitted a petition 14
under subparagraph (B)(i) for compli-15
ance year 2018 by September 1, 16
2019; 17
‘‘(II) that retired credits gen-18
erated for compliance year 2018 as 19
part of the compliance demonstration 20
of the small refinery for compliance 21
year 2018 by March 31, 2019; and 22
‘‘(III) for which— 23
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB 7
•HR 1346 IH
‘‘(aa) the petition remained 1
outstanding as of December 1, 2
2022; or 3
‘‘(bb) the Administrator de-4
nied the petition as of July 1, 5
2022, and has not returned the 6
retired credits as of December 1, 7
2022.’’. 8
Æ
VerDate Sep 11 2014 04:59 Mar 11, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1346.IH H1346
kjohnson on DSK7ZCZBW3PROD with $$_JOB