,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hecf ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjbf,mr4 ,arrington 7for himself and ,mr4 ,moran7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,clean ,air ,act to reform the ,renewable ,fuel ,standard1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fuel and ,strengthen the ,american ,refinery ,act of #bjbf or the ,fuel ,,star ,act of #bjbf4 #b4 ,renewable ,fuel ,standard reforms 7a7 ,in general ,section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77 is amended-- 7#a7 in paragraph 7#b77;,b71 by adding at the end the following3 7vi7 ,maximum changes in applicable volumes ,notwithstanding clauses 7iii7 through 7v7 and the analyses required under subclauses 7,i7 through 7,,vi7 of clause 7ii71 for the purpose of making the determinations in clause 7ii71 the ,administrator shall ensure that1 for the first calendar year that begins after the date of enactment of this clause and for each calendar year thereafter1 the applicable volume for renewable fuel that is not advanced biofuel does not exceed the projected annual domestic consumption of ethanol blended fuel projected in the most recent ,annual ,energy ,outlook report of the ,energy ,information ,administration for the applicable year4 2 7#b7 in paragraph 7#e7-- 7,a7 in subparagraph 7,c71 by striking ,a credit and inserting ,except as provided in subparagraph 7,f71 a credit2 and 7,b7 by adding at the end the following3 7,f7 ,extended duration of certain credits ,a credit generated under this paragraph in calendar year #bjbj through #bjbb may be used to show compliance for any of the #e calendar years following the date of the enactment of this subparagraph1 except that not more than #bj percent of the credits used by a person to demonstrate compliance with paragraph 7#b7 in a calendar year may be credits that were generated in calendar year #bjbj through #bjbb4 7,g7 ,prohibition ,in promulgating regulations under paragraph 7#b77;,a7 to carry out this paragraph1 the ,administrator may not impose a requirement to use an electric credit 7commonly referred to as an e-,,rin74 2 and 7#c7 in paragraph 7#i7-- 7,a7 in subparagraph 7,a71 by adding at the end the following3 7iii7 ,applicability to certain small refineries 7,i7 ,in general ,a small refinery described in subclause 7,,iii7 is eligible to receive an exemption from compliance with the requirements of paragraph 7#b7 with respect to a calendar year for the reason of disproportionate economic hardship4 7,,ii7 ,treatment ,the ,administrator shall deem any exemption under this clause as an extension of an exemption under subparagraph 7,a71 and the requirements of subparagraphs 7,b71 7,c71 and 7,d7 shall apply in the same manner and to the same extent with respect to such exemptions as to such extensions of exemptions4 7,,iii7 ,small refineries described ,a small refinery described in this subclause is a small refinery-- 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 #bjjg4 2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking the exemption and inserting an exemption2 7ii7 in clause 7ii71 by inserting after and other economic factors4 ,beginning on date that is #a year after the date of enactment of the ,farm1 ,food1 and ,national ,security ,act of #bjbf1 such economic factors shall be the following3 7,i7 ,as applicable to small refineries under the control of a holding company1 the cost of credits purchased by such holding company to demonstrate compliance with paragraph 7#b7 calendar year divided by the revenue of such holding company over the calendar year4 7,,ii7 ,whether the costs to a small refinery of complying with the requirements of paragraph 7#b7 would eliminate efficiency gains1 as described in the study of the ,department of ,energy titled ,small ,refinery ,exemption ,study ,an ,investigation into ,disproportionate ,economic ,hardship and dated ,march #bjaa4 7,,iii7 ,whether the costs to a small refinery of complying with such requirements are likely to lead to the refinery ceasing to operate4 7,,iv7 ,exceptional ,state regulatory environment1 as determined by the ,administrator4 7,v7 ,whether a small refinery is actively building infrastructure to blend biofuels1 as demonstrated by the submission of a plan to the ,administrator4 2 7iii7 in clause 7iii7-- 7,i7 by striking ,the ,administrator and inserting the following3 7,i7 ,in general ,the ,administrator 2 and 7,,ii7 by adding at the end the following3 7,,ii7 ,failure to respond ,if the ,administrator does not1 during the #ij-;day period described in subclause 7,i71 provide to the petitioner a description of the legal basis pursuant to which the ,administrator has determined that the small refinery that is the subject of the petition under clause 7i7 does not qualify for an extension of an exemption under subparagraph 7,a71 the petition shall be considered granted4 2 and 7iv7 by adding at the end the following3 7iv7 ,approval of certain petitions ,notwithstanding clause 7ii7 and subject to clause 7v71 the ,administrator shall grant a petition submitted under clause 7i7 by a small refinery for an extension of an exemption under subparagraph 7,a7 if the ,secretary of ,energy determines that1 with respect to the small refinery-- 7,i7 the disproportionate impacts index1 as described in the report of the ,office of ,policy and ,international ,affairs of the ,department of ,energy entitled ,small ,refinery ,exemption ,study3 ,an ,investigation into ,disproportionate ,economic ,hardship and dated ,march #bjaa1 is greater than or equal to #a2 or 7,,ii7 the viability index1 as described in the report described in subclause 7,i71 is greater than or equal to #a4 7v7 ,limitation ,the ,administrator may not approve a petition submitted under clause 7i7 by a small refinery under the control of a holding company if such approval would result in a total exempted volume that-- 7,i7 taken together with any other refinery under the control of the holding company1 exceeds #ge1jjj barrels of oil produced per day or #ej percent of the total amount of barrels of oil produced per day by such refineries1 whichever is greater2 or 7,,ii7 exceeds the combined total capacity for barrels of oil produced per day by any small refinery under such control4 2 and 7,c7 in subparagraph 7,c7-- 7i7 by striking ,if a small and inserting the following3 7i7 ,effect of waiver ,if a small 2 and 7ii7 by adding at the end the following3 7ii7 ,effect of exemption ,if the ,administrator grants a petition for an extension of an exemption under subparagraph 7,a7 submitted by a small refinery1 the ,administrator may not reallocate the renewable fuel obligation of that small refinery to other refineries4 4 7b7 ,year-,round sale of ,e#ae ,section #baa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7 is further amended-- 7#a7 in subsection 7f71 by adding at the end the following3 7#f7 ,the ,reid vapor pressure limitation applicable under this subsection to fuel blends containing gasoline and a percent of denatured anhydrous ethanol that exceeds #aj percent and is not more than #ae percent shall be the same as any such limitation applicable under this subsection to fuel blends containing gasoline and #aj percent denatured anhydrous ethanol4 2 and 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#d71 by striking #aj percent and inserting #aj to #ae percent2 and 7,b7 in paragraph 7#e77;,a71 by striking #aj percent and inserting #aj to #ae percent4