HR 424 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 424CommentsClose CommentsPermalink

To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 25, 2011CommentsClose CommentsPermalink

Mr. BURGESS introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Leave Ethanol Volumes at Existing Levels Act’ or the ‘LEVEL Act’.CommentsClose CommentsPermalink

SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.

(a) Definitions- Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this section:CommentsClose CommentsPermalink





‘(A) CELLULOSIC BIOMASS ETHANOL- The term ‘cellulosic biomass ethanol’ means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including--CommentsClose CommentsPermalink





‘(i) dedicated energy crops and trees;CommentsClose CommentsPermalink





‘(ii) wood and wood residues;CommentsClose CommentsPermalink





‘(iii) plants;CommentsClose CommentsPermalink





‘(iv) grasses;CommentsClose CommentsPermalink





‘(v) agricultural residues;CommentsClose CommentsPermalink





‘(vi) fibers;CommentsClose CommentsPermalink





‘(vii) animal wastes and other waste materials; andCommentsClose CommentsPermalink





‘(viii) municipal solid waste.CommentsClose CommentsPermalink





The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol.CommentsClose CommentsPermalink





‘(B) WASTE DERIVED ETHANOL- The term ‘waste derived ethanol’ means ethanol derived from--CommentsClose CommentsPermalink





‘(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; orCommentsClose CommentsPermalink





‘(ii) municipal solid waste.CommentsClose CommentsPermalink





‘(C) RENEWABLE FUEL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘renewable fuel’ means motor vehicle fuel that--CommentsClose CommentsPermalink





‘(I)(aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; orCommentsClose CommentsPermalink





‘(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; andCommentsClose CommentsPermalink





‘(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle.CommentsClose CommentsPermalink





‘(ii) INCLUSION- The term renewable fuel includes--CommentsClose CommentsPermalink





‘(I) cellulosic biomass ethanol and waste derived ethanol; andCommentsClose CommentsPermalink





‘(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection).CommentsClose CommentsPermalink





‘(D) SMALL REFINERY- The term ‘small refinery’ means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.’.CommentsClose CommentsPermalink





(b) Renewable Fuel Program- Paragraph (2) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows:CommentsClose CommentsPermalink





(1) REGULATIONS- Clause (i) of subparagraph (A) is amended by striking the last sentence.CommentsClose CommentsPermalink





(2) APPLICABLE VOLUMES OF RENEWABLE FUEL- Subparagraph (B) is amended to read as follows:CommentsClose CommentsPermalink





‘(B) APPLICABLE VOLUME- For the purpose of subparagraph (A), the applicable volume for any of calendar years 2006 through 2012 shall be determined in accordance with the following table:CommentsClose CommentsPermalink

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‘Calendar year: Applicable volume of renewable fuel (in billions of gallons): CommentsClose CommentsPermalink

------------------------------------------------------------------------------CommentsClose CommentsPermalink

2006                                                                      4.0 CommentsClose CommentsPermalink

2007                                                                      4.7 CommentsClose CommentsPermalink

2008                                                                      5.4 CommentsClose CommentsPermalink

2009                                                                      6.1 CommentsClose CommentsPermalink

2010                                                                      6.8 CommentsClose CommentsPermalink

2011                                                                      7.4 CommentsClose CommentsPermalink

2012                                                                    7.5’. CommentsClose CommentsPermalink

------------------------------------------------------------------------------CommentsClose CommentsPermalink

(c) Applicable Percentages- Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:CommentsClose CommentsPermalink





(1) In subparagraph (A), by striking ‘2021’ and inserting ‘2011’.CommentsClose CommentsPermalink





(2) In subparagraph (A), by striking ‘transportation fuel, biomass-based diesel, and cellulosic biofuel’ and inserting ‘gasoline’.CommentsClose CommentsPermalink





(3) In subparagraph (B), by striking ‘2021’ and inserting ‘2012’ in clause (i).CommentsClose CommentsPermalink





(4) In subparagraph (B), by striking ‘transportation fuel’ and inserting ‘gasoline’ in clause (ii)(II).CommentsClose CommentsPermalink





(d) Cellulosic Biomass Ethanol or Waste Derived Ethanol- Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows:CommentsClose CommentsPermalink





‘(4) CELLULOSIC BIOMASS ETHANOL OR WASTE DERIVED ETHANOL- For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.’.CommentsClose CommentsPermalink





(e) Credit Program- Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E).CommentsClose CommentsPermalink





(f) Waivers-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘, by any person subject to the requirements of this subsection, or by the Administrator on his own motion’; andCommentsClose CommentsPermalink





(B) by inserting ‘State’ before ‘petition for a waiver’ in subparagraph (B).CommentsClose CommentsPermalink





(2) CELLULOSIC BIOFUEL- Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraph (D).CommentsClose CommentsPermalink





(3) BIOMASS-BASED DIESEL- Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraphs (E) and (F).CommentsClose CommentsPermalink





(g) Periodic Reviews- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (11).CommentsClose CommentsPermalink





(h) Savings Clause- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (12).CommentsClose CommentsPermalink





(i) Regulations- Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking paragraph (2) of subsection (v).CommentsClose CommentsPermalink





(j) Other Provisions-CommentsClose CommentsPermalink





(1) ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS- Section 204(b) of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION RULES- Section 210 of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed.CommentsClose CommentsPermalink

SEC. 3. HIGHER ETHANOL BLENDS.

(a) Prohibition of Authorization of Higher Ethanol Blends- Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not permit or authorize (including by granting a wavier through the fuels and fuel additives waiver process under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) the introduction into commerce of an ethanol-gasoline blend containing greater than 10 percent ethanol by volume that is intended for general use in conventional gasoline-powered onroad or nonroad vehicles or engines.CommentsClose CommentsPermalink





(b) Study- Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on--CommentsClose CommentsPermalink





(1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (a) on consumer products, including--CommentsClose CommentsPermalink





(A) onroad and nonroad vehicles;CommentsClose CommentsPermalink





(B) nonroad engines (such as lawn mowers); andCommentsClose CommentsPermalink





(C) any other applicable gasoline-powered vehicles, engines, and devices;CommentsClose CommentsPermalink





(2) the impact of an ethanol-gasoline blend described in subsection (a) on--CommentsClose CommentsPermalink





(A) engine performance of conventional gasoline-powered onroad and nonroad vehicles and nonroad engines;CommentsClose CommentsPermalink





(B) emissions from the use of the blend; andCommentsClose CommentsPermalink





(C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); andCommentsClose CommentsPermalink





(3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers.CommentsClose CommentsPermalink