Bill Details

S.593 - 119th Congress

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This bill would change federal clean fuel rules in two main ways. First, it would make it easier to sell gasoline blends with 10% to 15% ethanol by changing the rules for fuel vapor pressure in some areas during the summer ozone season. Second, it would give back certain renewable fuel credits that were taken away from some small refineries for past compliance years, or put those credits back into their EPA accounts. Supporters say this could give consumers more fuel choices and help fuel retailers and small refineries deal with old compliance issues.

  • It updates Clean Air Act rules for gasoline mixed with ethanol, especially blends containing 10% to 15% ethanol.
  • It would allow these fuels to be sold if they meet other federal vapor pressure rules, even if they do not fit certain older waiver limits.
  • For some states, it would apply the higher vapor pressure allowance already used for fuel blends with 10% to 15% ethanol during the high ozone season.
  • It would restore certain renewable fuel credits for small refineries tied to compliance years 2016, 2017, and 2018, either by returning the credits to the refinery or crediting their EPA account.

Official Summaries

Nationwide Consumer and Fuel Retailer Choice Act of 2025

This bill amends the Clean Air Act to address the limitations on Reid Vapor Pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season. Specifically, the bill applies the waiver for Reid Vapor Pressure requirements that is applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with up to 15% ethanol (E15). This change allows gasoline that is blended with 10% to 15% ethanol to be sold year-round.

Currently, states may be excluded from the waiver for Reid Vapor Pressure requirements by submitting documentation supporting that the waiver would increase air pollution. The bill nullifies existing state exclusions, but states may submit documentation after enactment of the bill to be excluded going forward.

The bill also modifies the Renewable Fuel Standard Program, which requires transportation fuel sold or introduced into commerce in the United States to contain minimum volumes of renewable fuel. Under the existing program, obligated parties, such as small refineries, must satisfy the volume obligations by either blending renewable fuels into their gasoline or diesel fuel products or by acquiring credits that represent the required renewable fuel volume. The bill directs the Environmental Protection Agency to return compliance credits to small refineries under certain circumstances.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 593 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                 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

                           February 13, 2025

 Mrs. Fischer (for herself, Ms. Duckworth, Mrs. Capito, Ms. Klobuchar, 
   Mr. Thune, Mr. Ricketts, Mr. Durbin, Mr. Moran, Mr. Marshall, Mr. 
Grassley, Ms. Ernst, Ms. Baldwin, Ms. Smith, and Mr. Rounds) 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nationwide Consumer and Fuel 
Retailer Choice Act of 2025''.

SEC. 2. CLEAN AIR ACT AMENDMENTS.

    (a) 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.''.
    (b) 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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