What This Bill Does
This bill changes the Clean Air Act rules about ethanol in gasoline. It allows fuel containing ethanol to be sold even if it has higher Reid Vapor Pressure (a measure of how easily fuel evaporates) than current rules normally allow.
Who It Affects
The EPA (Environmental Protection Agency), fuel manufacturers and fuel retailers who sell gasoline and ethanol blends.
Key Provisions
- The EPA can allow fuel or fuel additives containing ethanol to be sold if they are substantially similar to fuel already approved for cars, even if they have higher Reid Vapor Pressure limits (Sec. 2(a)(3)(C)(i)(I))
- The EPA can allow ethanol fuel to be sold if it already received a waiver (a special permission) for other reasons and meets all conditions of that waiver except for Reid Vapor Pressure limits (Sec. 2(a)(3)(C)(i)(II))
- Fuel with ethanol must still meet all other Reid Vapor Pressure requirements set by the EPA (Sec. 2(a)(3)(C)(ii))
- The EPA can accept notifications about ethanol fuel submitted before January 1, 2022 or after this law passes (Sec. 2(b)(3)(A))
What Changes
If this law passes, ethanol fuel blends can be sold with higher Reid Vapor Pressure amounts than currently allowed, as long as the EPA approves them and they meet other air quality standards.
Important Definitions
Reid Vapor Pressure: a measurement of how easily gasoline evaporates, which affects air pollution levels.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 785
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 SENATE OF THE UNITED STATES
MARCH 14, 2023
Mrs. FISCHER (for herself, Ms. KLOBUCHAR, Mr. THUNE, Mr. RICKETTS, Ms.
BALDWIN, Mr. GRASSLEY, Ms. SMITH, Mr. CRAMER, Ms. STABENOW,
Mr. ROUNDS, Ms. DUCKWORTH, Mr. MORAN, Mr. DURBIN, Mr. MAR-
SHALL, Mr. BROWN, Ms. ERNST, and Mr. HOEVEN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Envi-
ronment and Public Works
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Consumer and Fuel
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Retailer Choice Act of 2023’’.
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SEC. 2. ETHANOL WAIVER.
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(a) EXISTING WAIVERS.—Section 211(f)(4) of the
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Clean Air Act (42 U.S.C. 7545(f)(4)) is amended—
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(1) by striking ‘‘(4) The Administrator, upon’’
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and inserting the following:
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‘‘(4) WAIVERS.—
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‘‘(A) IN
GENERAL.—The Administrator,
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on’’;
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(2) in subparagraph (A) (as so designated)—
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(A) in the first sentence—
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(i) by striking ‘‘of this subsection’’
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each place it appears; and
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(ii) by striking ‘‘if he determines’’ and
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inserting ‘‘if the Administrator deter-
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mines’’; and
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(B) in the second sentence—
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(i) by striking ‘‘such an application’’
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and inserting ‘‘an application described in
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subparagraph (A)’’; and
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(ii) by striking ‘‘The Administrator’’
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and inserting the following:
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‘‘(B)
FINAL
ACTION.—The
Adminis-
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trator’’; and
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(3) by adding at the end the following:
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‘‘(C) REID VAPOR PRESSURE.—A fuel or
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fuel additive may be introduced into commerce
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if—
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‘‘(i)(I) the Administrator determines
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that the fuel or fuel additive is substan-
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tially similar to a fuel or fuel additive uti-
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lized in the certification of any model year
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vehicle pursuant to paragraph (1)(A); or
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‘‘(II) the fuel or fuel additive has been
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granted a waiver under subparagraph (A)
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and meets all of the conditions of that
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waiver other than any limitation of the
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waiver with respect to the Reid Vapor
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Pressure of the fuel or fuel additive; and
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‘‘(ii) the fuel or fuel additive meets all
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other applicable Reid Vapor Pressure re-
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quirements under subsection (h).’’.
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(b) REID VAPOR PRESSURE LIMITATION.—Section
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211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is
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amended—
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(1) by striking ‘‘vapor pressure’’ each place it
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appears and inserting ‘‘Vapor Pressure’’;
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(2) in paragraph (4), in the matter preceding
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subparagraph (A), by inserting ‘‘or more’’ after ‘‘10
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percent’’; and
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(3) in paragraph (5)(A)—
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(A) by striking ‘‘Upon notification, accom-
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panied by’’ and inserting ‘‘On receipt of a noti-
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•S 785 IS
fication that is submitted before January 1,
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2022, or after the date of enactment of the
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Consumer and Fuel Retailer Choice Act of
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2023, and is accompanied by appropriate’’; and
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(B) by inserting ‘‘or more’’ after ‘‘10 per-
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cent’’.
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Æ
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