II
119THCONGRESS
1
STSESSION S. 593
To amend the Clean Air Act to modify Reid Vapor Pressure requirements
and to provide for the return of certain retired credits, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY13, 2025
Mrs. F
ISCHER(for herself, Ms. DUCKWORTH, Mrs. CAPITO, Ms. KLOBUCHAR,
Mr. T
HUNE, Mr. RICKETTS, Mr. DURBIN, Mr. MORAN, Mr. MARSHALL,
Mr. G
RASSLEY, Ms. ERNST, Ms. BALDWIN, Ms. SMITH, and Mr.
R
OUNDS) 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 to modify Reid Vapor Pressure
requirements and to provide for the return of certain
retired credits, 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
SEC. 2. CLEAN AIR ACT AMENDMENTS. 6
(a) E
THANOLWAIVER.— 7
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(1) EXISTING WAIVERS.—Section 211(f)(4) of 1
the Clean Air Act (42 U.S.C. 7545(f)(4)) is amend-2
ed— 3
(A) by striking ‘‘(4) The Administrator, 4
upon’’ and inserting the following: 5
‘‘(4) W
AIVERS.— 6
‘‘(A) I
N GENERAL.—The Administrator, 7
on’’; 8
(B) in subparagraph (A) (as so des-9
ignated)— 10
(i) in the first sentence— 11
(I) by striking ‘‘of this sub-12
section’’ each place it appears; and 13
(II) by striking ‘‘if he deter-14
mines’’ and inserting ‘‘if the Adminis-15
trator determines’’; and 16
(ii) in the second sentence, by striking 17
‘‘The Administrator’’ and inserting the fol-18
lowing: 19
‘‘(B) F
INAL ACTION.—The Adminis-20
trator’’; and 21
(C) by adding at the end the following: 22
‘‘(C) R
EID VAPOR PRESSURE .—A fuel or 23
fuel additive may be introduced into commerce 24
if— 25
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‘‘(i)(I) the Administrator determines 1
that the fuel or fuel additive is substan-2
tially similar to a fuel or fuel additive uti-3
lized in the certification of any model year 4
vehicle pursuant to paragraph (1)(A); or 5
‘‘(II) the fuel or fuel additive has been 6
granted a waiver under subparagraph (A) 7
and meets all of the conditions of that 8
waiver other than any limitation of the 9
waiver with respect to the Reid Vapor 10
Pressure of the fuel or fuel additive; and 11
‘‘(ii) the fuel or fuel additive meets all 12
other applicable Reid Vapor Pressure re-13
quirements under subsection (h).’’. 14
(2) R
EID VAPOR PRESSURE LIMITATION .—Sec-15
tion 211(h) of the Clean Air Act (42 U.S.C. 16
7545(h)) is amended— 17
(A) by striking ‘‘vapor pressure’’ each 18
place it appears and inserting ‘‘Vapor Pres-19
sure’’; 20
(B) in paragraph (4), in the matter pre-21
ceding subparagraph (A), by striking ‘‘10 per-22
cent’’ and inserting ‘‘10 to 15 percent’’; and 23
(C) in paragraph (5)(A)— 24
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(i) by striking ‘‘Upon notification, ac-1
companied by’’ and inserting ‘‘On receipt 2
of a notification that is submitted after the 3
date of enactment of the Nationwide Con-4
sumer and Fuel Retailer Choice Act of 5
2025, and is accompanied by appropriate’’; 6
(ii) by striking ‘‘10 percent’’ and in-7
serting ‘‘10 to 15 percent’’; and 8
(iii) by adding at the end the fol-9
lowing: ‘‘Upon the enactment of the Na-10
tionwide Consumer and Fuel Retailer 11
Choice Act of 2025, any State for which 12
the notification from the Governor of a 13
State was submitted before the date of en-14
actment of the Nationwide Consumer and 15
Fuel Retailer Choice Act of 2025 and to 16
which the Administrator applied the Reid 17
Vapor Pressure limitation established by 18
paragraph (1) shall instead have the Reid 19
Vapor Pressure limitation established by 20
paragraph (4) apply to all fuel blends con-21
taining gasoline and 10 to 15 percent de-22
natured anhydrous ethanol that are sold, 23
offered for sale, dispensed, supplied, of-24
fered for supply, transported, or introduced 25
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into commerce in the area during the high 1
ozone season.’’. 2
(b) G
ENERATION OF CREDITS BYSMALLREFIN-3
ERIESUNDER THERENEWABLEFUELPROGRAM.—Sec-4
tion 211(o)(9) of the Clean Air Act (42 U.S.C. 5
7545(o)(9)) is amended by adding at the end the fol-6
lowing: 7
‘‘(E) C
REDITS GENERATED FOR 2016 –2018 8
COMPLIANCE YEARS.— 9
‘‘(i) R
ULE.—For any small refinery 10
described in clause (ii) or (iii), the credits 11
described in the respective clause shall 12
be— 13
‘‘(I) returned to the small refin-14
ery and, notwithstanding paragraph 15
(5)(C), deemed eligible for future 16
compliance years; or 17
‘‘(II) applied as a credit in the 18
EPA Moderated Transaction System 19
(EMTS) account of the small refinery. 20
‘‘(ii) C
OMPLIANCE YEARS 2016 AND 21
2017.—Clause (i) applies with respect to 22
any small refinery that— 23
‘‘(I) retired credits generated for 24
compliance years 2016 or 2017; and 25
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‘‘(II) submitted a petition under 1
subparagraph (B)(i) for that compli-2
ance year that remained outstanding 3
as of December 1, 2022. 4
‘‘(iii) C
OMPLIANCE YEAR 2018 .—In 5
addition to small refineries described in 6
clause (ii), clause (i) applies with respect 7
to any small refinery— 8
‘‘(I) that submitted a petition 9
under subparagraph (B)(i) for compli-10
ance year 2018 by September 1, 11
2019; 12
‘‘(II) that retired credits gen-13
erated for compliance year 2018 as 14
part of the compliance demonstration 15
of the small refinery for compliance 16
year 2018 by March 31, 2019; and 17
‘‘(III) for which— 18
‘‘(aa) the petition remained 19
outstanding as of December 1, 20
2022; or 21
‘‘(bb) the Administrator de-22
nied the petition as of July 1, 23
2022, and has not returned the 24
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retired credits as of December 1, 1
2022.’’. 2
Æ
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