All Roll Calls
Yes: 330 • No: 512
HR1346119th CongressWALLET
Nationwide Consumer and Fuel Retailer Choice Act of 2025
Sponsored By: Representative Smith, Adrian [R-NE-3]
Passed House
Summary
Allow 10–15% ethanol blends by reforming the Reid Vapor Pressure rules while tightening small-refiner exemption rules and forcing EPA rulemaking to update dispenser labeling and tank standards for higher‑ethanol fuels.
Show full summary
- Drivers and consumers: More stations could sell blends labeled E15 during high‑ozone season because the bill raises the permissible Reid vapor pressure range to 10–15 percent for certain blends. Labels and tank standards would change to match those blends.
- Small refiners: The bill would redefine a “small refining company” as those producing no more than 75,000 barrels per day in 2025. It limits extension petitions after 2027 and phases in a 75 percent reduction in compliance requirements starting in 2028, subject to a production test.
- At‑risk refineries: Qualifying small refineries could get short‑term exemptions if facing imminent closure or conversion, subject to public disclosure, a 90‑day agency action deadline, and a 2028 baseline cap of 150 million gallons of conventional biofuel energy content.
- Renewable fuel credits and obligations: It creates rules for handling credits from 2016–2018 so some past credits can be returned or used in the EPA Moderated Transaction System and forbids reallocating reduced small‑refiner obligated volumes from 2028 onward.
- Fuel infrastructure: EPA would have 18 months to finalize rulemaking to update Clean Air Act and Resource Conservation and Recovery Act regulations, including dispenser labeling and underground storage tank compatibility for blends greater than 10 percent and up to 15 percent ethanol.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Emergency RFS relief for at-risk refineries
Beginning in 2028, a qualifying small refinery could ask EPA for a one-year exemption if compliance costs alone would force closure, idling, or conversion. The petition would be due by December 31, must include evidence and a senior officer’s attestation, and EPA would post it within 30 days. EPA would decide within 90 days and could grant only what is needed to prevent the risk. Total exemptions would be capped at the energy in 150 million gallons of conventional biofuel for 2028, with later years adjusted. Qualifying refineries would include those with a prior extension, or refineries at 10,000 barrels per day or less that began production from January 1, 2007 through December 31, 2025.
Lower RFS burden for small refiners
Starting in 2028, small refining companies would get a 75% cut to their renewable fuel compliance requirement. A company would qualify if its 2025 average output across all affiliates was 75,000 barrels per day or less. If it exceeded that limit in 2026 or any later year, it would lose this relief for that year and all future years. From 2028 on, EPA would not shift the reduced gallons from these small refiners onto other obligated parties.
Old small-refinery waivers wind down
Starting in 2028, EPA would stop applying or enforcing any extension of a small refinery exemption. No refinery could seek an extension for any year after 2027, EPA would ignore petitions filed after July 1, 2028, and would act on all pending ones by October 1, 2028. If a petition was pending the day before enactment, the old rules would still apply to that petition. For 2016–2017, retired credits would be returned if a related petition was still pending on December 1, 2022. For 2018, credits would be returned if the petition was filed by September 1, 2019, credits were retired by March 31, 2019, and the petition was pending on December 1, 2022 or was denied by July 1, 2022 without credits returned by December 1, 2022.
More E15 sales with new pump rules
This would allow more gasoline to contain 10%–15% ethanol (E15) where permitted. EPA would finish a rule within 18 months to update pump labels and underground tank rules so equipment works with up to 15% ethanol. It would also adjust waiver rules so very similar certified fuels, or fuels with waivers, could be sold if they meet Reid Vapor Pressure limits. States that sent governor notices after January 1, 2022 would follow the 10%–15% limit during the high‑ozone season after the 2026 farm bill is enacted.
Sponsors & CoSponsors
Sponsor
Smith, Adrian [R-NE-3]
NE • R
Cosponsors
Craig
MN • D
Sponsored 2/13/2025
Johnson (SD)
SD • R
Sponsored 2/13/2025
Budzinski
IL • D
Sponsored 2/13/2025
Rep. Miller-Meeks, Mariannette [R-IA-1]
IA • R
Sponsored 2/13/2025
Rep. Davids, Sharice [D-KS-3]
KS • D
Sponsored 2/13/2025
Rep. Flood, Mike [R-NE-1]
NE • R
Sponsored 2/13/2025
Bost
IL • R
Sponsored 2/13/2025
Rep. Miller, Max L. [R-OH-7]
OH • R
Sponsored 2/13/2025
Rep. Miller, Mary E. [R-IL-15]
IL • R
Sponsored 2/13/2025
Rep. Finstad, Brad [R-MN-1]
MN • R
Sponsored 2/13/2025
Estes
KS • R
Sponsored 2/13/2025
LaHood
IL • R
Sponsored 2/13/2025
Rep. Moore, Blake D. [R-UT-1]
UT • R
Sponsored 2/13/2025
Rep. Van Orden, Derrick [R-WI-3]
WI • R
Sponsored 2/13/2025
Rep. Nunn, Zachary [R-IA-3]
IA • R
Sponsored 2/13/2025
Rep. Sorensen, Eric [D-IL-17]
IL • D
Sponsored 2/13/2025
Rep. Kelly, Robin L. [D-IL-2]
IL • D
Sponsored 2/13/2025
Rep. Alford, Mark [R-MO-4]
MO • R
Sponsored 2/13/2025
Rep. Taylor, David J. [R-OH-2]
OH • R
Sponsored 2/13/2025
Feenstra
IA • R
Sponsored 2/13/2025
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 2/13/2025
Rep. Hinson, Ashley [R-IA-2]
IA • R
Sponsored 2/13/2025
Rep. Fischbach, Michelle [R-MN-7]
MN • R
Sponsored 2/13/2025
Rep. Bacon, Don [R-NE-2]
NE • R
Sponsored 2/13/2025
Schmidt
KS • R
Sponsored 2/13/2025
Rep. Guest, Michael [R-MS-3]
MS • R
Sponsored 2/13/2025
Rep. Cleaver, Emanuel [D-MO-5]
MO • D
Sponsored 2/13/2025
Rep. McDonald Rivet, Kristen [D-MI-8]
MI • D
Sponsored 2/13/2025
Davis (NC)
NC • D
Sponsored 2/13/2025
Jack
GA • R
Sponsored 2/14/2025
Rep. Carey, Mike [R-OH-15]
OH • R
Sponsored 2/14/2025
Rep. Carter, Earl L. "Buddy" [R-GA-1]
GA • R
Sponsored 2/14/2025
Rep. Graves, Sam [R-MO-6]
MO • R
Sponsored 2/14/2025
Smith (MO)
MO • R
Sponsored 2/21/2025
Rep. Comer, James [R-KY-1]
KY • R
Sponsored 2/21/2025
Rep. Wagner, Ann [R-MO-2]
MO • R
Sponsored 2/24/2025
Rep. Shreve, Jefferson [R-IN-6]
IN • R
Sponsored 2/25/2025
Messmer
IN • R
Sponsored 3/11/2025
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 5/13/2025
Rep. Bell, Wesley [D-MO-1]
MO • D
Sponsored 7/16/2025
Rep. Brown, Shontel M. [D-OH-11]
OH • D
Sponsored 8/15/2025
Mrvan
IN • D
Sponsored 8/29/2025
Rep. Stevens, Haley M. [D-MI-11]
MI • D
Sponsored 9/15/2025
Rep. Pocan, Mark [D-WI-2]
WI • D
Sponsored 9/18/2025
Rep. McClain Delaney, April [D-MD-6]
MD • D
Sponsored 10/8/2025
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 10/17/2025
Rep. Baird, James R. [R-IN-4]
IN • R
Sponsored 10/28/2025
Wied
WI • R
Sponsored 11/17/2025
Rep. Kaptur, Marcy [D-OH-9]
OH • D
Sponsored 12/17/2025
Fedorchak
ND • R
Sponsored 1/22/2026
Tiffany
WI • R
Sponsored 2/10/2026
Rep. Houchin, Erin [R-IN-9]
IN • R
Sponsored 3/4/2026
Riley (NY)
NY • D
Sponsored 4/21/2026
Jackson (IL)
IL • D
Sponsored 4/29/2026
Rep. Scholten, Hillary J. [D-MI-3]
MI • D
Sponsored 5/7/2026
Roll Call Votes
house vote • 5/13/2026
On Motion to Recommit
Yes: 112 • No: 309
house vote • 5/13/2026
On Passage
Yes: 218 • No: 203