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H.R. 4364 — Introduced in House

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I 115th CONGRESS 1st Session H. R. 4364 IN THE HOUSE OF REPRESENTATIVES November 9, 2017Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Administrator of the Environmental Protection Agency, at the request of a Governor of a State, to waive the reformulated gasoline prohibitions and requirements under section 211(k) of the Clean Air Act with respect to the State or a portion of the State if the Administrator determines that the price of gasoline is excessively high. 1. Short title This Act may be cited as the RFG Modernization Act of 2017. 2. Waiver of reformulated gasoline requirements where the price of gasoline is excessively high (a) In general Subsection (k) of section 211 of the Clean Air Act (42 U.S.C. 7545) is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: (10) Waivers (A) In general At the request of the Governor of a State, the Administrator may waive the prohibitions and requirements otherwise applicable under this subsection with respect to the State or a portion of a State if the Administrator determines that the price of gasoline in such State or portion is excessively high. (B) Considerations In making a determination described in subparagraph (A), the Administrator shall consider— (i) the price of a gallon of conventional gasoline, the price of a gallon of reformulated gasoline, and the difference between the two, both in raw dollars and as a percentage, in such State or portion; and (ii) such other factors as the Administrator determines appropriate. (C) Process On receipt of a request from a Governor for a waiver under subparagraph (A), the Administrator shall— (i) issue such waiver if the Administrator finds that the standard described in subparagraph (A) is met; or (ii) publish an explanation of why such standard is not met. (D) Duration; renewal A waiver under this paragraph— (i) shall be for a period of not more than 42 days; and (ii) may be renewed. . (b) Technical correction Subparagraphs (E) and (F) of section 211(k)(11) of the Clean Air Act, as redesignated by subsection (a), are amended by moving the margins of such subparagraphs 2 ems to the right.