42 U.S.C. 7545(f)(4)changedby H.R. 1346 Sec. 1(a)
(4) The Administrator, upon application of any manufacturer of any fuel or fuel additive, may waive the prohibitions established under paragraph (1) or (3) of this subsection or the limitation specified in paragraph (2) of this subsection, if he determines that the…
The bill says: by striking "(4) The Administrator, upon" and inserting the following:
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(f)(4)(A)changedby H.R. 1346 Sec. 1(a)
The bill says: by striking "of this subsection" each place it appears; and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(f)(4)(A)changedby H.R. 1346 Sec. 1(a)
The bill says: by striking "if he determines" and inserting "if the Administrator determines"; and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(f)(4)(A)changedby H.R. 1346 Sec. 1(a)
The bill says: in the second sentence, by striking "The Administrator" and inserting the following:
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(f)(4)added (C)by H.R. 1346 Sec. 1(a)
(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).
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(h)changedby H.R. 1346 Sec. 1(a)
…gasoline with a Reid Vapor Pressure of 9.0 pounds per square inch (psi) or lower in any area designated under section 7407 of this title as an attainment area. Notwithstanding the preceding sentence, the Administrator may impose a Reid vapor pressureVapor Pressure requirement lower than 9.0 pounds per square inch (psi) in any area, formerly an ozone nonattainment area, which has been redesignated as an attainment area. (3) Effective date; enforcement. The regulations under this subsection shall provide that the requirements of this subsection shall take effect not later than the high ozone season for 1992, and shall include such provisions as the Administrator determines are necessary to implement and enforce the requirements of this subsection. (4) Ethanol waiver. For fuel blends containing gasoline and 10 percent denatured anhydrous ethanol, the Reid vapor pressureVapor Pressure limitation under this subsection shall be one pound per square inch (psi) greater than the applicable Reid vapor pressureVapor Pressure limitations established under paragraph (1); Provided, however, That a distributor, blender, marketer, reseller, carrier, retailer, or wholesale purchaser-consumer shall be deemed to be in full compliance with the provisions of this subsection and the regulations promulgated thereunder if it can demonstrate (by showing receipt of a certification or other evidence acceptable to the Administrator) that— (A) the gasoline portion of the blend complies with the Reid vapor pressureVapor Pressure limitations promulgated pursuant to this subsection; (B) the ethanol portion of the blend does not exceed its waiver condition under subsection (f)(4); and (C) no additional alcohol or other additive has been added to increase the Reid Vapor Pressure of the ethanol portion of the blend. (5) Exclusion from ethanol waiver. Upon notification, accompanied by supporting documentation, from the Governor of a State that the Reid vapor pressureVapor Pressure limitation established by paragraph (4) will increase emissions that contribute to air pollution in any area in the State, the Administrator shall, by regulation, apply, in lieu of the Reid vapor pressureVapor Pressure limitation established by paragraph (4), the Reid vapor pressureVapor Pressure limitation established by paragraph (1) to all fuel blends containing gasoline and 10 percent denatured anhydrous ethanol that are sold, offered for sale, dispensed, supplied, offered for supply, transported, or introduced into commerce…
The bill says: by striking "vapor pressure" each place it appears and inserting "Vapor Pressure";
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(h)(4)changedby H.R. 1346 Sec. 1(a)
(4) Ethanol waiver. For fuel blends containing gasoline and 10 percent10 to 15 percent denatured anhydrous ethanol, the Reid vapor pressure limitation under this subsection shall be one pound per square inch (psi) greater than the applicable Reid vapor pressure limitations established under paragraph (1); Provided, however,…
The bill says: in paragraph (4), in the matter preceding subparagraph (A), by striking "10 percent" and inserting "10 to 15 percent"; and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(h)(5)(A)changedby H.R. 1346 Sec. 1(a)
The bill says: 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";
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(h)(5)(A)changedby H.R. 1346 Sec. 1(a)
The bill says: by striking "10 percent" and inserting "10 to 15 percent"; and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(h)(5)(A)addedby H.R. 1346 Sec. 1(a)
The bill says: 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.".
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(o)(1)renumberedby H.R. 1346 Sec. 1(b)
The bill says: by redesignating subparagraph (L) as subparagraph (M); and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(o)(1)added (L)by H.R. 1346 Sec. 1(b)
(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).
The bill says: by inserting after subparagraph (K) the following:
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(o)(9)(B)(i)changedby H.R. 1346 Sec. 1(c)
The bill says: in clause (i), by striking "A small" and inserting "Subject to clause (iv), a small"; and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(o)(9)(B)added (iv)by H.R. 1346 Sec. 1(c)
(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.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(o)(9)renumberedby H.R. 1346 Sec. 1(c)
The bill says: by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
Bill text · Current law (42 U.S.C. 7545)
42 U.S.C. 7545(o)(9)added (C)by H.R. 1346 Sec. 1(c)
(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.
The bill says: by inserting after subparagraph (B) the following:
Bill text · Current law (42 U.S.C. 7545)