#aaith ,,congress #b;d ,session ,h4 ,r4 #acdf ,,an ,,act ,to amend the ,clean ,air ,act with respect to the ethanol waiver for ,reid ,vapor ,pressure under that ,act1 and for other purposes4 #a4 ,year-,round ,e#ae and ,,rfs ,reform 7a7 ,ethanol waiver 7#a7 ,existing waivers ,section #baa7;f77#d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;f77#d77 is amended-- 7,a7 by striking 7#d7 ,the ,administrator1 upon and inserting the following3 7#d7 ,waivers 7,a7 ,in general ,the ,administrator1 on 2 7,b7 in subparagraph 7,a7 7as so designated7-- 7i7 in the first sentence-- 7,i7 by striking of this subsection each place it appears2 and 7,,ii7 by striking if he determines and inserting if the ,administrator determines2 and 7ii7 in the second sentence1 by striking ,the ,administrator and inserting the following3 7,b7 ,final action ,the ,administrator 2 and 7,c7 by adding at the end the following3 7,c7 ,reid vapor pressure ,a fuel or fuel additive may be introduced into commerce if-- 7i7 7,i7 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 7#a77;,a72 or 7,,ii7 the fuel or fuel additive has been granted a waiver under subparagraph 7,a7 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 additive2 and 7ii7 the fuel or fuel additive meets all other applicable ,reid ,vapor ,pressure requirements under subsection 7h74 4 7#b7 ,reid vapor pressure limitation ,section #baa7;h7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;h77 is amended-- 7,a7 by striking vapor pressure each place it appears and inserting ,vapor ,pressure2 7,b7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking #aj percent and inserting #aj to #ae percent2 and 7,c7 in paragraph 7#e77;,a7-- 7i7 by striking ,upon notification1 accompanied by and inserting ,on receipt of a notification that is submitted after the date of enactment of the ,farm1 ,food1 and ,national ,security ,act of #bjbf1 and is accompanied by appropriate2 7ii7 by striking #aj percent and inserting #aj to #ae percent2 and 7iii7 by adding at the end the following3 ,upon the enactment of the ,farm1 ,food1 and ,national ,security ,act of #bjbf1 any ,state for which the notification from the ,governor of a ,state was submitted after ,january #a1 #bjbb1 and before the date of enactment of the ,farm1 ,food1 and ,national ,security ,act of #bjbf and to which the ,administrator applied the ,reid ,vapor ,pressure limitation established by paragraph 7#a7 shall instead have the ,reid ,vapor ,pressure limitation established by paragraph 7#d7 apply to all fuel blends containing gasoline and #aj to #ae percent denatured anhydrous ethanol that are sold1 offered for sale1 dispensed1 supplied1 offered for supply1 transported1 or introduced into commerce in the area during the high ozone season44 7b7 ,definition of small refining company ,section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77 is amended-- 7#a7 by redesignating subparagraph 7,l7 as subparagraph 7,m72 and 7#b7 by inserting after subparagraph 7,k7 the following3 7,l7 ,small refining company ,the term small refining company means a company1 entity1 or group of affiliated entities1 including through subsidiaries1 parent companies1 joint ventures1 holding companies1 spin-offs1 or other associated corporate or legal structures1 the daily average aggregate production of obligated fuels of which for calendar year #bjbe did not exceed #ge1jjj barrels per day across all of the facilities of the company1 entity1 or group of affiliated entities that produced transportation fuel subject to the requirements of paragraph 7#b74 4 7c7 ,termination of petitions2 adjusted small refining company obligation 7#a7 ,in general ,section #baa7o77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77 is amended-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking ,a small and inserting ,subject to clause 7iv71 a small2 and 7ii7 by adding at the end the following3 7iv7 ,termination of exemption and petitions 7,i7 ,in general ,beginning in calendar year #bjbh1 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 7,a7 with respect to any small refinery4 7,,ii7 ,limitation on petitions ,notwithstanding any other provision of law-- 7aa7 no small refinery may petition for an extension under this subparagraph with respect to any calendar year after calendar year #bjbg2 7bb7 the ,administrator may not consider any petition for an extension under this subparagraph1 with respect to any calendar year1 that is submitted after ,july #a1 #bjbh2 and 7cc7 to the maximum extent practicable1 the ,administrator shall1 not later than ,october #a1 #bjbh1 act on all outstanding petitions4 2 7,b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,adjusted compliance requirements for small refining companies 7i7 ,in general ,beginning in calendar year #bjbh1 the ,administrator shall1 subject to clause 7ii71 reduce the compliance requirements of each small refining company under paragraph 7#b7 by #ge percent4 7ii7 ,no subsequent redesignation ,if the average aggregate daily production of obligated fuels of a small refining company exceeds the limit described in paragraph 7#a77,l7 in calendar year #bjbf or any subsequent calendar year1 the small refining company shall no longer be eligible for the adjusted compliance requirements under clause 7i7 during that calendar year or any subsequent calendar year1 regardless of whether the average aggregate daily production of obligated fuels of the small refining company drops below that limit again4 4 7#b7 ,savings provision ,nothing in this ,act or an amendment made by this ,act affects any remedy available to a small refinery 7as defined in paragraph 7#a7 of section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o777 with respect to petitions for extensions of exemptions under paragraph 7#i7 of that section and1 for purposes of the application of such extensions and the review of the denial of such petitions1 section #baa7o77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77 shall be applied as in effect on the day before the date of enactment of this ,act4 7d7 ,generation of credits by small refineries under the renewable fuel program ,section #baa7o77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77 is further amended by adding at the end the following3 7,f7 ,credits generated for #bjaf-bjah compliance years 7i7 ,rule ,for any small refinery described in clause 7ii7 or 7iii71 the credits described in the respective clause shall be-- 7,i7 returned to the small refinery and1 notwithstanding paragraph 7#e77;,c71 deemed eligible for future compliance years2 or 7,,ii7 applied as a credit in the ,,epa ,moderated ,transaction ,system 7,,emts7 account of the small refinery4 7ii7 ,compliance years #bjaf and #bjag ,clause 7i7 applies with respect to any small refinery that-- 7,i7 retired credits generated for compliance years #bjaf or #bjag2 and 7,,ii7 submitted a petition under subparagraph 7,b77i7 for that compliance year that remained outstanding as of ,december #a1 #bjbb4 7iii7 ,compliance year #bjah ,in addition to small refineries described in clause 7ii71 clause 7i7 applies with respect to any small refinery-- 7,i7 that submitted a petition under subparagraph 7,b77i7 for compliance year #bjah by ,september #a1 #bjai2 7,,ii7 that retired credits generated for compliance year #bjah as part of the compliance demonstration of the small refinery for compliance year #bjah by ,march #ca1 #bjai2 and 7,,iii7 for which-- 7aa7 the petition remained outstanding as of ,december #a1 #bjbb2 or 7bb7 the ,administrator denied the petition as of ,july #a1 #bjbb1 and has not returned the retired credits as of ,december #a1 #bjbb4 4 7e7 ,prohibition on reallocation of obligated volumes ,section #baa7o77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77 is further amended by adding at the end the following3 7,g7 ,prohibition on reallocation ,for the purpose of making the determinations in paragraph 7#b77;,b77ii71 for calendar year #bjbh and each calendar year thereafter1 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 7,c74 4 7f7 ,fuel infrastructure rulemaking 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall1 after a period of notice and public comment1 finalize a rule modifying the regulations of the ,environmental ,protection ,agency under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 7commonly known as the ,resource ,conservation and ,recovery ,act of #aigf7 relating to the sale and distribution of gasoline-ethanol blends that contain greater than #aj volume percent ethanol and less than or equal to #ae volume percent ethanol4 7#b7 ,requirement ,in finalizing the rule required under paragraph 7#a71 the ,administrator of the ,environmental ,protection ,agency shall modify the ,e#ae fuel dispenser labeling requirements and the underground storage tank regulations of the ,environmental ,protection ,agency with respect to compatibility with gasoline-ethanol blends4 7g7 ,exemption for at-risk qualifying small refineries ,section #baa7o77#i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#i77 is further amended by adding at the end the following3 7,h7 ,exemption for at-risk qualifying small refineries 7i7 ,in general ,beginning in calendar year #bjbh1 not later than ,december #ca of a calendar year1 a qualifying small refinery may petition the ,administrator for an exemption from compliance with the requirements of paragraph 7#b7 for such calendar year for the reason of the imminent risk of closure1 permanent idling1 or conversion to a renewable fuel production facility4 7ii7 ,matters included in petitions ,in submitting a petition for an exemption under clause 7i71 a qualifying small refinery shall include in such petition the following3 7,i7 ,information demonstrating that-- 7aa7 the qualifying small refinery is at imminent risk of closure1 permanent idling1 or conversion to a renewable fuel production facility2 7bb7 such risk is solely caused by the cost of compliance with the requirements of paragraph 7#b72 and 7cc7 the ownership of the qualifying small refinery has not changed after the date of enactment of this paragraph4 7,,ii7 ,an attestation1 executed by a senior corporate officer 7or any equivalent position7 with direct responsibility for the applicable operations of the qualifying small refinery1 certifying that the information included under subclause 7,i7 is correct4 7iii7 ,public disclosure ,any petition submitted under this subparagraph1 including any information1 attestation1 or other supporting documentation included in such a petition-- 7,i7 shall not be eligible for treatment as confidential business information for purposes of section #aad7;c7 or any other provision of law2 and 7,,ii7 shall be made publicly available by the ,administrator not later than #cj days after the date of such submission4 7iv7 ,deadline for action on petitions ,the ,administrator shall act on any petition submitted by a qualifying small refinery for an exemption under this subparagraph not later than #ij days after the date of receipt of the petition4 7v7 ,administrator determination ,the ,administrator may grant an exemption under this subparagraph only upon a determination by the ,administrator that the petition submitted for the exemption adequately demonstrates the matters specified in items 7aa7 through 7cc7 of clause 7ii77,i7 and includes the attestation described in clause 7ii77,,ii74 7vi7 ,scope and duration ,an exemption granted for a qualifying small refinery under this subparagraph-- 7,i7 may exempt the qualifying small refinery from compliance with the requirements of paragraph 7#b7 in whole or in part2 7,,ii7 may only exempt the qualifying small refinery from compliance with the requirements of paragraph 7#b7 to the extent necessary to prevent the closure1 permanent idling1 or conversion described in clause 7i72 and 7,,iii7 shall only apply with respect to the calendar year for which the petition for the exemption is submitted4 7vii7 ,exempted volumes 7,i7 ,in general ,in acting on petitions submitted by qualifying small refineries for exemptions under this subparagraph1 the ,administrator may not exempt1 in total1 renewable fuel obligations for qualifying small refineries such that the total volume of renewable fuel so exempted exceeds the relevant volume cap for the applicable calendar year described in subclause 7,,ii74 7,,ii7 ,volume cap ,the volume cap described in this subclause is-- 7aa7 for calendar year #bjbh1 the volume of all renewable fuel1 including advanced biofuel1 cellulosic biofuel1 biomass-based diesel1 and conventional biofuel1 that the ,administrator determines has1 in total1 an energy content equal to the energy content of #aej million gallons of conventional biofuel2 and 7bb7 for each calendar year after calendar year #bjbh1 the volume of renewable fuel determined under item 7aa71 as adjusted by the ,administrator in direct proportion to any changes to the applicable volume of renewable fuel established for the calendar year under paragraph 7#b77;,b77ii7 as compared to the applicable volume of renewable fuel established for calendar year #bjbh4 7viii7 ,qualifying small refinery defined ,in this subparagraph1 the term qualifying small refinery means a small refinery-- 7,i7 that received an extension of an exemption under paragraph 7#i72 or 7,,ii7 7aa7 for which the average aggregate daily crude oil throughput for a calendar year 7as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year7 does not exceed #aj1jjj barrels2 and 7bb7 that began production on or after ,january #a1 #bjjg1 and before ,january #a1 #bjbf4 4 ,passed the ,house of ,representatives ,may #ac1 #bjbf4;,clerk4