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House Bill 4385
116th Congress(2019-2020)
Small Refinery Exemption Fairness Act of 2019
Introduced
Introduced
Introduced in House on Sep 18, 2019
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Introduced in House 
Sep 18, 2019
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Introduced in House(Sep 18, 2019)
Sep 18, 2019
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H. R. 4385 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 4385


To amend section 211(o) of the Clean Air Act to adjust the renewable fuel obligation to account for the full volume of gasoline and diesel produced by small refineries that are exempt under paragraph (9), and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 18, 2019

Mr. Rodney Davis of Illinois (for himself, Mr. Marshall, Mr. Bost, Mr. LaHood, Mr. Kinzinger, Mr. Casten of Illinois, Mr. Comer, Mr. King of Iowa, Mr. Bacon, Mr. Fortenberry, Mr. Graves of Missouri, and Mr. Watkins) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend section 211(o) of the Clean Air Act to adjust the renewable fuel obligation to account for the full volume of gasoline and diesel produced by small refineries that are exempt under paragraph (9), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Small Refinery Exemption Fairness Act of 2019”.

SEC. 2. Accounting for full volume of gasoline and diesel produced by exempted small refineries.

(a) In general.—Section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended—

(1) in subparagraph (C)—

(A) in clause (i), by striking “and” at the end;

(B) in clause (ii), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following new clause:

“(iii) to account for the full average annual volume of gasoline and diesel produced during the previous three calendar years by small refineries exempt under paragraph (9).”; and

(2) by adding at the end the following new subparagraph:

“(D) CALCULATION METHOD.—For purposes of subparagraph (C)(iii), the Administrator shall calculate the full average annual volume of gasoline and diesel produced during the previous three calendar years by small refineries exempt under paragraph (9) by—

“(i) determining the total volume of gasoline and diesel produced during the previous three calendar years by such small refineries; and

“(ii) dividing such total volume by three.”.

(b) Applicability.—The amendment made by subsection (a) applies to the renewable fuel obligation under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) beginning with calendar year 2020. Section 211(o) of such Act, as in effect before the amendment made by subsection (a), shall continue to apply with respect to calendar years before calendar year 2020.

(c) Rule of construction.—Nothing in this section and the amendment made by this section shall be construed to set or require a minimum number of exemptions for small refineries under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) with respect to any calendar year.