S. 593

119th CONGRESS 1st Session

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 · Sponsor: Mrs. Fischer · Committee: Committee on Environment and Public Works

Table of contents

• S. 593
  • SEC. 1. Short title
  • SEC. 2. Clean Air Act amendments

SEC. 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 () is amended— 42 U.S.C. 7545(f)(4)
      • by striking and inserting the following:
        • (4) Waivers
          • (A) In general
            • The Administrator, on
            • In general
      • in subparagraph (A) (as so designated)—
        • (i) in the first sentence—
        • by striking each place it appears; and
        • by striking if he determinesand inserting if the Administrator determines; and
        • (ii) in the second sentence, by striking and inserting the following:
          • (B) Final action
            • The Administrator
        • (C) Reid vapor pressure
          • A fuel or fuel additive may be introduced into commerce if—
          • (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
            • 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).
      • by adding at the end the following:
  • (2) Reid vapor pressure limitation
    • Section 211(h) of the Clean Air Act () is amended— 42 U.S.C. 7545(h)
      • by striking each place it appears and inserting Vapor Pressure;
      • in paragraph (4), in the matter preceding subparagraph (A), by striking 10 percentand inserting 10 to 15 percent; and
      • in paragraph (5)(A)—
        • (i) by striking and inserting ;
        • (ii) by striking 10 percentand inserting 10 to 15 percent; and
        • (iii) by adding at the end the following: Nationwide Consumer and Fuel Retailer Choice Act of 2025,Nationwide Consumer and Fuel Retailer Choice Act of 2025.
• (b) Generation of credits by small refineries under the renewable fuel program
  • Section 211(o)(9) of the Clean Air Act () is amended by adding at the end the following: 42 U.S.C. 7545(o)(9)
    • (E) Credits generated for 2016–2018 compliance years
      • (i) 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.
      • (ii) 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.
      • (iii) 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.