HR 1346 United States House · 119th Congress

To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.

Summary
Nationwide Consumer and Fuel Retailer Choice Act of 2025 This bill amends the Clean Air Act to address the limitations on Reid Vapor Pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season. Specifically, the bill applies the waiver for Reid Vapor Pressure requirements that is applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with up to 15% ethanol (E15). This change allows gasoline that is blended with 10% to 15% ethanol to be sold year-round. Currently, states may be excluded from the waiver for Reid Vapor Pressure requirements by submitting documentation supporting that the waiver would increase air pollution. The bill nullifies existing state exclusions, but states may submit documentation after enactment of the bill to be excluded going forward. The bill also modifies the Renewable Fuel Standard Program, which requires transportation fuel sold or introduced into commerce in the United States to contain minimum volumes of renewable fuel. Under the existing program, obligated parties, such as small refineries, must satisfy the volume obligations by either blending renewable fuels into their gasoline or diesel fuel products or by acquiring credits that represent the required renewable fuel volume. The bill directs the Environmental Protection Agency to return compliance credits to small refineries under certain circumstances.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
May 2026
House Passage
May 2026
Senate Passage
President
Introduced Feb 13, 2025 Last action May 14, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House Engrossed in House · 9 edits · May 13, 2026
MAJOR
The bill was substantially restructured between introduction and engrossment. The title changed from the 'Nationwide Consumer and Fuel Retailer Choice Act of 2025' to 'Year-Round E15 and RFS Reform,' and references to the standalone act were replaced with references to the 'Farm, Food, and National Security Act of 2026,' indicating the provisions are being folded into a farm bill vehicle. Major new content was added: a definition of 'small refining company' with a 75 percent compliance reduction starting in 2028, a hard end to small refinery exemption extension petitions after 2027, a new at-risk exemption mechanism with volume caps, a prohibition on reallocation of reduced obligations, and a required EPA rulemaking on E15 fuel infrastructure within 18 months.
Scope change
The bill shifted from a standalone consumer/fuel retailer choice act to provisions embedded within the Farm, Food, and National Security Act of 2026. The scope expanded significantly with new RFS compliance structures for 'small refining companies' (a broader corporate-level concept), a hard sunset on small refinery exemption extensions, a new at-risk exemption pathway, and an E15 infrastructure rulemaking mandate.
SCOPE

The act title changed from 'Nationwide Consumer and Fuel Retailer Choice Act of 2025' to 'Year-Round E15 and RFS Reform,' and all self-referential citations were replaced with references to the 'Farm, Food, and National Security Act of 2026,' signaling the bill is being incorporated into a larger farm bill rather than standing alone.

ELIGIBILITY

The Reid Vapor Pressure provision now limits which states receive the relaxed RVP standard: only those whose governor submitted notification after January 1, 2022 and before enactment of the Farm, Food, and National Security Act of 2026. Previously it covered any state that notified before this act's enactment date.

A new exemption mechanism allows 'qualifying small refineries' to petition for a one-year RFS compliance exemption starting in 2028 if they face imminent risk of closure, permanent idling, or conversion to renewable fuel production solely due to compliance costs. Petitions must be public, EPA must act within 90 days, and total exempted volumes are capped at the energy equivalent of 150 million gallons of conventional biofuel for 2028 (adjusted proportionally in later years).

DEFINITION

A new definition of 'small refining company' was added to Section 211(o)(1). It covers a company, entity, or group of affiliated entities whose daily average aggregate production of obligated fuels for calendar year 2025 did not exceed 75,000 barrels per day across all facilities.

'Qualifying small refinery' is defined as either a small refinery that received an extension under paragraph (9), or one with average daily crude oil throughput not exceeding 10,000 barrels that began production on or after January 1, 2007 and before January 1, 2026.

REQUIREMENT

Beginning in calendar year 2028, EPA may no longer apply or enforce any extension of a small refinery exemption. No small refinery may petition for an extension for any calendar year after 2027, and EPA must act on all outstanding petitions by October 1, 2028.

EPA must finalize a rule within 18 months of enactment modifying regulations related to gasoline-ethanol blends containing more than 10 and up to 15 volume percent ethanol (E15), specifically addressing fuel dispenser labeling requirements and underground storage tank compatibility.

FISCAL

Beginning in calendar year 2028, the compliance requirements of each 'small refining company' under the Renewable Fuel Standard are reduced by 75 percent. If a small refining company exceeds the 75,000 barrel/day threshold in 2026 or any later year, it permanently loses eligibility for the reduction.

ENFORCEMENT

A new prohibition prevents EPA from reallocating to other persons any renewable fuel obligation that was reduced for a small refining company under the 75 percent adjustment, starting in calendar year 2028.

Floor votes · House May 13, 2026

How they voted

218203
Passed · 9 other
Total votes 430
May 13, 2026
D Democratic212
95 Yea 113 Nay 4
53% Nay
I Independent1
1 Yea
100% Yea
R Republican217
122 Yea 90 Nay 5
56% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
5
Committee
4
May 14, 2026
Committee
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
upper
May 13, 2026
Lower · Passed
On passage Passed by the Yeas and Nays: 218 - 203 (Roll no. 164). (text of amendment in the nature of a substitute: CR H3421-3422)
lower
May 13, 2026
Lower · Passed
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 218 - 203 (Roll no. 164). (text of amendment in the nature of a substitute: CR H3421-3422)
lower
May 13, 2026
Lower · Passed
Mr. Perry moved to recommit to the Committee on Energy and Commerce. (text: CR H3428)
lower
Apr 29, 2026
Lower · Passed
Rule H. Res. 1224 passed House.
lower
Apr 29, 2026
Lower · Passed
Rules Committee Resolution H. Res. 1224 Reported to House. Rule provides for consideration of H.R. 7567, H.R. 2616, S. Con. Res. 33, S. 1318 and H.R. 1346. The resolution provides for consideration of H.R. 7567 under a structured rule and H.R. 2616, S. Con. Res. 33, S. 1318, and H.R. 1346 under a closed rule, with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 7567, H.R. 2616, and H.R. 1346, and one motion to commit on S. 1318.
lower
Feb 13, 2025
Committee
Referred to the House Committee on Energy and Commerce.
lower
Feb 13, 2025
Introduced
Introduced in House
lower
1 primary · 55 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Adrian Smith
Adrian Smith
RRepublican
NE
3
Co
Photo of Angie Craig
Angie Craig
DDemocratic
MN
2
Co
Photo of Ann Wagner
Ann Wagner
RRepublican
MO
2
Co
Photo of April McClain Delaney
April McClain Delaney
DDemocratic
MD
6
Co
Photo of Ashley Hinson
Ashley Hinson
RRepublican
IA
2
Co
Photo of Blake D. Moore
Blake D. Moore
RRepublican
UT
1
Co
Photo of Brad Finstad
Brad Finstad
RRepublican
MN
1
Co
Photo of Brian Jack
Brian Jack
RRepublican
GA
3
Co
Photo of Darin LaHood
Darin LaHood
RRepublican
IL
16
Co
Photo of David J. Taylor
David J. Taylor
RRepublican
OH
2
Co
Photo of Derek Schmidt
Derek Schmidt
RRepublican
KS
2