HR9885-118

1. Short title This Act may be cited as the Nationwide Consumer and Fuel Retailer Choice Act of 2024.

2. Ethanol waiver Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) is amended— by striking (4) The Administrator, upon and inserting the following: The Administrator, on in subparagraph (A) (as so designated)— in the first sentence— by striking of this subsection each place it appears; and by striking if he determines and inserting if the Administrator determines; and in the second sentence, by striking The Administrator and inserting the following: The Administrator by adding at the end the following: A fuel or fuel additive may be introduced into commerce if— 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 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 the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h). Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended— by striking vapor pressure each place it appears and inserting Vapor Pressure; in paragraph (4), in the matter preceding subparagraph (A), by striking 10 percent and inserting 10 to 15 percent; and in paragraph (5)(A)— by striking Upon notification, accompanied by and inserting On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Nationwide Consumer and Fuel Retailer Choice Act of 2024, and is accompanied by appropriate; and by striking 10 percent and inserting 10 to 15 percent. (4)Waivers(A)In generalThe Administrator, on; (B)Final actionThe Administrator; and (C)Reid vapor pressureA 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)..

3. 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: For any small refinery described in clause (ii) or (iii), the credits described in the respective clause shall be— returned to the small refinery and, notwithstanding paragraph (5)(C), deemed eligible for future compliance years; or applied as a credit in the EPA Moderated Transaction System (EMTS) account of the small refinery. Clause (i) applies with respect to any small refinery that— retired credits generated for compliance years 2016 or 2017; and submitted a petition under subparagraph (B)(i) for that compliance year that remained outstanding as of December 1, 2022. In addition to small refineries described in clause (ii), clause (i) applies with respect to any small refinery— that submitted a petition under subparagraph (B)(i) for compliance year 2018 by September 1, 2019; 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 for which— the petition remained outstanding as of December 1, 2022; or the Administrator denied the petition as of July 1, 2022, and has not returned the retired credits as of December 1, 2022. (E)Credits generated for 2016–2018 compliance years(i)RuleFor 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 2017Clause (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 2018In 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..