Floor SpeechUrgent2026-05-13

NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2025

TaxesEnvironmentInfrastructure

Context

On 2026-05-13, Representative Mark B. Messmer (R-IN-8) delivered a floor speech titled "NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2025" in the House.

Full Text

NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2025

Congressional Record, Volume 172 Issue 81 (Wednesday, May 13, 2026) [Congressional Record Volume 172, Number 81 (Wednesday, May 13, 2026)] [House] [Pages H3421-H3428] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2025 Mr. GUTHRIE. Mr. Speaker, pursuant to House Resolution 1224, I call up the bill H.R. 1346, to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. Van Drew). Pursuant to House Resolution 1224, the bill is considered read. The text of the bill is as follows: H.R. 1346 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. YEAR-ROUND E15 AND RFS REFORM. (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 Farm, Food, and National Security Act of 2026, 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 Farm, Food, and National Security Act of 2026, any State for which the notification from the Governor of a State was submitted after January 1, 2022, and before the date of enactment of the Farm, Food, and National Security Act of 2026 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) Definition of Small Refining Company.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: ``(L) Small refining company.--The term `small refining company' means a company, entity, or group of affiliated entities, including through subsidiaries, parent companies, joint ventures, holding companies, spin-offs, or other associated corporate or legal structures, the daily average aggregate production of obligated fuels of which for calendar year 2025 did not exceed 75,000 barrels per day across all of the facilities of the company, entity, or group of affiliated entities that produced transportation fuel subject to the requirements of paragraph (2).''. (c) Termination of Petitions; Adjusted Small Refining Company Obligation.-- (1) In general.--Section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) is amended-- (A) in subparagraph (B)-- (i) in clause (i), by striking ``A small'' and inserting ``Subject to clause (iv), a small''; and (ii) by adding at the end the following: ``(iv) Termination of exemption and petitions.-- ``(I) In general.--Beginning in calendar year 2028, the Administrator may not apply or enforce any extension of an exemption granted pursuant to a petition under this subparagraph or otherwise continue to enforce the exemption under subparagraph (A) with respect to any small refinery. ``(II) Limitation on petitions.--Notwithstanding any other provision of law-- ``(aa) no small refinery may petition for an extension under this subparagraph with respect to any calendar year after calendar year 2027; ``(bb) the Administrator may not consider any petition for an extension under this subparagraph, with respect to any calendar year, that is submitted after July 1, 2028; and ``(cc) to the maximum extent practicable, the Administrator shall, not later than October 1, 2028, act on all outstanding petitions.''; (B) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (C) by inserting after subparagraph (B) the following: ``(C) Adjusted compliance requirements for small refining companies.-- ``(i) In general.--Beginning in calendar year 2028, the Administrator shall, subject to clause (ii), reduce the compliance requirements of each small refining company under paragraph (2) by 75 percent. ``(ii) No subsequent redesignation.--If the average aggregate daily production of obligated fuels of a small refining company exceeds the limit described in paragraph (1)(L) in calendar year 2026 or any subsequent calendar year, the small refining company shall no longer be eligible for the adjusted compliance requirements under clause (i) during that calendar year or any subsequent calendar year, regardless of whether the average aggregate daily production of obligated fuels of the small refining company drops below that limit again.''. (2) Savings provision.--Nothing in this Act or an amendment made by this Act affects any remedy available to a small refinery (as defined in paragraph (1) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o))) with respect to petitions for extensions of exemptions under paragraph (9) of that section and, for purposes of [[Page H3422]] the application of such extensions and the review of the denial of such petitions, section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) shall be applied as in effect on the day before the date of enactment of this Act. (d) 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 further amended by adding at the end the following: ``(F) 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.''. (e) Prohibition on Reallocation of Obligated Volumes.-- Section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) is further amended by adding at the end the following: ``(G) Prohibition on reallocation.--For the purpose of making the determinations in paragraph (2)(B)(ii), for calendar year 2028 and each calendar year thereafter, the Administrator may not reallocate to other persons any renewable fuel obligation applicable to a small refining company the compliance requirements of which were reduced pursuant to subparagraph (C).''. (f) Fuel Infrastructure Rulemaking.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall, after a period of notice and public comment, finalize a rule modifying the regulations of the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource Conservation and Recovery Act of 1976'') relating to the sale and distribution of gasoline-ethanol blends that contain greater than 10 volume percent ethanol and less than or equal to 15 volume percent ethanol. (2) Requirement.--In finalizing th

Referenced legislation: HRES1224, HRES1224, HR1346

View original source →

NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2025 Congressional Record, Volume 172 Issue 81 (Wednesday, May 13, 2026) [Congressional Record Volume 172, Number 81 (Wednesday, May 13, 2026)] [House] [Pages H3421-H3428] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2025 Mr. GUTHRIE. Mr. Speaker, pursuant to House Resolution 1224, I call up the bill H.R. 1346, to amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. Van Drew). Pursuant to House Resolution 1224, the bill is considered read. The text of the bill is as follows: H.R. 1346 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. YEAR-ROUND E15 AND RFS REFORM. (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 Farm, Food, and National Security Act of 2026, 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 Farm, Food, and National Security Act of 2026, any State for which the notification from the Governor of a State was submitted after January 1, 2022, and before the date of enactment of the Farm, Food, and National Security Act of 2026 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) Definition of Small Refining Company.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: ``(L) Small refining company.--The term `small refining company' means a company, entity, or group of affiliated entities, including through subsidiaries, parent companies, joint ventures, holding companies, spin-offs, or other associated corporate or legal structures, the daily average aggregate production of obligated fuels of which for calendar year 2025 did not exceed 75,000 barrels per day across all of the facilities of the company, entity, or group of affiliated entities that produced transportation fuel subject to the requirements of paragraph (2).''. (c) Termination of Petitions; Adjusted Small Refining Company Obligation.-- (1) In general.--Section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) is amended-- (A) in subparagraph (B)-- (i) in clause (i), by striking ``A small'' and inserting ``Subject to clause (iv), a small''; and (ii) by adding at the end the following: ``(iv) Termination of exemption and petitions.-- ``(I) In general.--Beginning in calendar year 2028, the Administrator may not apply or enforce any extension of an exemption granted pursuant to a petition under this subparagraph or otherwise continue to enforce the exemption under subparagraph (A) with respect to any small refinery. ``(II) Limitation on petitions.--Notwithstanding any other provision of law-- ``(aa) no small refinery may petition for an extension under this subparagraph with respect to any calendar year after calendar year 2027; ``(bb) the Administrator may not consider any petition for an extension under this subparagraph, with respect to any calendar year, that is submitted after July 1, 2028; and ``(cc) to the maximum extent practicable, the Administrator shall, not later than October 1, 2028, act on all outstanding petitions.''; (B) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (C) by inserting after subparagraph (B) the following: ``(C) Adjusted compliance requirements for small refining companies.-- ``(i) In general.--Beginning in calendar year 2028, the Administrator shall, subject to clause (ii), reduce the compliance requirements of each small refining company under paragraph (2) by 75 percent. ``(ii) No subsequent redesignation.--If the average aggregate daily production of obligated fuels of a small refining company exceeds the limit described in paragraph (1)(L) in calendar year 2026 or any subsequent calendar year, the small refining company shall no longer be eligible for the adjusted compliance requirements under clause (i) during that calendar year or any subsequent calendar year, regardless of whether the average aggregate daily production of obligated fuels of the small refining company drops below that limit again.''. (2) Savings provision.--Nothing in this Act or an amendment made by this Act affects any remedy available to a small refinery (as defined in paragraph (1) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o))) with respect to petitions for extensions of exemptions under paragraph (9) of that section and, for purposes of [[Page H3422]] the application of such extensions and the review of the denial of such petitions, section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) shall be applied as in effect on the day before the date of enactment of this Act. (d) 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 further amended by adding at the end the following: ``(F) 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.''. (e) Prohibition on Reallocation of Obligated Volumes.-- Section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) is further amended by adding at the end the following: ``(G) Prohibition on reallocation.--For the purpose of making the determinations in paragraph (2)(B)(ii), for calendar year 2028 and each calendar year thereafter, the Administrator may not reallocate to other persons any renewable fuel obligation applicable to a small refining company the compliance requirements of which were reduced pursuant to subparagraph (C).''. (f) Fuel Infrastructure Rulemaking.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall, after a period of notice and public comment, finalize a rule modifying the regulations of the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource Conservation and Recovery Act of 1976'') relating to the sale and distribution of gasoline-ethanol blends that contain greater than 10 volume percent ethanol and less than or equal to 15 volume percent ethanol. (2) Requirement.--In finalizing th Referenced legislation: HRES1224, HRES1224, HR1346