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H.R. 3097 (112th): Renewable Fuel Standard Flexibility Act

The text of the bill below is as of Oct 5, 2011 (Introduced).



1st Session

H. R. 3097


October 5, 2011

(for himself, Mr. Costa, Mr. Cardoza, Mr. Matheson, Mr. Womack, Mr. Harris, Mr. Moran, Mr. Crawford, Mr. Wittman, Mrs. Ellmers, Mr. Cuellar, Mr. McIntyre, Mr. Hurt, Mr. Rooney, Mr. McClintock, Mr. Welch, Mr. Graves of Georgia, Mr. Griffin of Arkansas, Mr. Simpson, Mr. Boren, Mr. Nunnelee, Mr. Ross of Arkansas, Mr. Baca, Mr. Pitts, Mr. Butterfield, Mr. Barrow, and Mr. Griffith of Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce


To partially waive the renewable fuel standard when corn inventories are low.


Short title

This Act may be cited as the Renewable Fuel Standard Flexibility Act.


Partial Waiver

Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end thereof:


Consideration of Corn Inventories


Determinations regarding corn stocks-to-use ratio

Not later than August 1 and the end of November each year, the Administrator shall determine and publish the United States corn stocks-to-use ratio for the current crop year—


in consultation with the Secretary of Agriculture; and


based on the most recent publication of the World Agricultural Supply and Demand Estimate or other similar authoritative estimate issued by the Secretary of Agriculture.



Based on the Administrator’s most recent determination under clause (i), the Administrator shall waive the requirements of paragraph (2) by reducing the national quantity of renewable fuel otherwise required for a period in accordance with the following table:

U.S. Corn Stocks-to-Use Ratio for
the Current Crop Year (percent)
Reduction in national quantity
of renewable fuel required
Above 10.0No adjustment
10.0–7.510 percent reduction
7.49–6.015 percent reduction
5.99–5.025 percent reduction
Below 5.050 percent reduction.


A waiver granted under clause (ii)—


based on a determination required by clause (i) to be made by the end of November, shall be effective for the following calendar year; and


based on a determination required by clause (i) to be made by August 1, shall take effect 30 days from the date of publication of the determination and shall (in place of the waiver under subclause (I)) be effective for the remainder of such calendar year.


Adjustment of renewable fuel obligation

Upon granting any waiver under clause (ii) reducing the national quantity of renewable fuel required for a period to which paragraph (3) applies, the Administrator shall adjust the renewable fuel obligation determined under paragraph (3) in proportion to such reduction.


No effect on required volume of advanced biofuel

A waiver granted under this subparagraph reducing the national quantity of renewable fuel required for a period shall not affect the volume of advanced biofuel required under paragraph (2). The Administrator shall not allow any volume of conventional biofuel to be used to satisfy the requirement for advanced biofuel under paragraph (2).



The Administrator shall publish each waiver under clause (ii) in the Federal Register, including an explanation of the basis for the waiver.