H.R. 1346: To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes.

Introduced Feb 13, 202555 cosponsors

Sponsor

Adrian Smith

Adrian Smith

Republican · NE-3

Your summer E15 could stay on the pump

4 min readLast updated August 15, 2026

Why it matters

15 percent ethanol fuel could stay on sale through the summer instead of disappearing during high-ozone months. H.R. 1346 also redraws refinery relief by giving eligible small refining companies a 75 percent compliance reduction starting in 2028.

H.R. 1346 would let gasoline with 10 to 15 percent ethanol keep the same summer vapor-pressure treatment that has largely supported E10, opening the door to broader year-round E15 sales.

In plain English, that means gas stations in covered states would have a clearer federal path to keep selling E15 during the high-ozone season instead of pulling it from the market. The bill also extends that treatment to some states whose governors filed notices after January 1, 2022, under the timeline written into the bill.

The second half is about refineries, not drivers. Starting in 2028, the bill ends the old petition-based small-refinery exemption system for future years and replaces it with a 75 percent compliance reduction for companies that stay at or below 75,000 barrels a day.

That cutoff is strict. If a qualifying company's average production goes above 75,000 barrels per day in 2026 or any later year, it loses that reduced obligation permanently for that year and every year after.

The bill keeps one narrower escape hatch for certain at-risk refineries, but it caps that relief. That special pathway cannot exempt more than the energy content of 150 million gallons of conventional biofuel in 2028, with later years adjusted proportionally.

EPA would also have to write new fuel infrastructure rules within 18 months, including pump labeling and storage tank compatibility for blends above 10 percent and up to 15 percent ethanol.

Bill Progress

IntroducedFeb 13
Committee 
Pass HouseMay 13
Pass Senate 
Signed 
Law 

Latest Action · May 14, 2026

1/4

Passed the House, received in Senate

H.R. 1346 Bill Summary

What H.R. 1346 actually does.

1

E15 can stay on sale in summer

The bill expands the federal vapor-pressure treatment to gasoline blends with 10 to 15 percent ethanol, creating a clearer path for broader year-round E15 sales in covered markets.

2

Some states get folded into the E15 rule

States whose governors submitted the required notice after January 1, 2022, and before the farm bill enactment referenced in H.R. 1346 would also get the updated treatment for 10 to 15 percent ethanol blends during high-ozone season.

3

Small refinery petitions stop after 2027

Beginning in 2028, refineries can no longer seek the old extension process for future years. EPA also could not consider new petitions filed after July 1, 2028, and would need to act on outstanding petitions by October 1, 2028.

4

Eligible refiners get a 75 percent reduction

Starting in 2028, EPA must cut renewable fuel compliance requirements by 75 percent for each eligible small refining company.

5

Growing past 75,000 barrels ends the break

A company that rises above 75,000 barrels per day in 2026 or later loses eligibility for that reduced obligation for that year and all later years, even if production falls again.

6

At-risk refinery relief gets a hard cap

The separate at-risk pathway stays available for certain refineries, but total exempted obligations cannot exceed the energy content of 150 million gallons of conventional biofuel in 2028, with proportional changes later.

7

EPA must update pump and tank rules

Within 18 months of enactment, EPA would have to finalize fuel infrastructure rules for blends above 10 percent and up to 15 percent ethanol, including dispenser labels and underground storage tank compatibility.

Who benefits from H.R. 1346?

Drivers in places that sell E15

If your local station already carries E15 or wants to, you could keep seeing it during summer instead of watching it disappear when high-ozone rules kick in.

Gas stations and fuel retailers

Retailers would get a clearer federal rule for selling 10 to 15 percent ethanol blends year-round, which could make E15 a steadier product line instead of a seasonal one.

Corn growers and ethanol producers

More consistent summer access to E15 could increase demand for ethanol by keeping that blend available through more of the year.

Small refining companies under the cap

Companies with 2025 average production at or below 75,000 barrels per day could receive a 75 percent cut in renewable fuel compliance requirements starting in 2028, as long as they do not later outgrow the threshold.

Who is affected by H.R. 1346?

Refineries that relied on case-by-case petitions

The old small-refinery extension route effectively closes for future years after 2027, replacing individualized petitions with a more rigid eligibility system.

Refiners above 75,000 barrels per day

Companies above the threshold would not qualify for the 75 percent compliance reduction, and companies that cross it in 2026 or later lose eligibility going forward.

EPA

EPA would have to hit multiple deadlines: new infrastructure rules within 18 months, no late petitions after July 1, 2028, decisions on outstanding petitions by October 1, 2028, and public posting and decisions for at-risk requests on short timelines.

Other renewable fuel compliance parties

Beginning in 2028, the bill says EPA may not reassign the reduced obligation of an eligible small refining company to other obligated parties, changing how compliance burdens are distributed.

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On the Record

What Congress Is Saying

13 legislators have weighed in on H.R. 1346 — 7 Democrats, 6 Republicans.

H.R. 1346 also appeared in 1 more House floor reference, 1 in the Extensions of Remarks, and 21 routine cosponsor filings.

HR1346 Legislative Journey

4 actions

Committee Action

May 14, 2026

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

House: Passed 218-203

May 13, 2026

218-203

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)

+11 more actions this day

House: Passed

Apr 29, 2026

Rule H. Res. 1224 passed House.

+1 more action this day

House: Committee Action

Feb 13, 2025

Referred to the House Committee on Energy and Commerce.

About the Sponsor

Adrian Smith

Adrian Smith

Republican, Nebraska's 3rd congressional district · 19 years in Congress

Committees: Joint Committee on Taxation, Ways and Means

View full profile →

Cosponsors (55)

No new cosponsors in 100 days — momentum stalled

This bill has 55 cosponsors: 18 Democrats, 37 Republicans, reflecting bipartisan support. Cosponsors represent 19 states: Georgia, Iowa, Illinois, and 16 more.

18Democrats37Republicans·19 statesBipartisan

Committee Sponsors

Environment and Public Works Committee

8D9R1I
|0 signed18 not yet

0 of 18 committee members cosponsored

No committee members have cosponsored this bill

Energy and Commerce Committee

24D30R
|5 signed49 not yet

5 of 54 committee members cosponsored

35 Republicans across these committees haven't cosponsored yet. Mobilize their constituents

H.R. 1346 Quick Facts

Cosponsors
55
Angie Craig
Dusty Johnson
Nikki Budzinski
Mariannette Miller-Meeks
Sharice Davids
+50 more
Committee
Environment and Public Works
Chamber
House
Policy
Environmental Protection
Introduced
Feb 13, 2025

Passed the House, received in Senate

May 14, 2026

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 1346 on Congress.gov

Official bill page with status, text, sponsors, and actions for H.R. 1346.

EPA Renewable Fuel Standard Program

EPA’s main page for the Renewable Fuel Standard program explains the compliance system and refinery obligations that H.R. 1346 would change.

EPA Underground Storage Tanks

EPA’s underground storage tank program is relevant to the bill’s directive for new compatibility rules for fuel infrastructure handling blends up to E15.

U.S. Code 42 USC 7545 via Office of the Law Revision Counsel

Official U.S. Code text for Clean Air Act section 211, the statute H.R. 1346 amends for E15, Reid Vapor Pressure, and refinery exemptions.

EPA Gasoline Standards

EPA’s gasoline standards hub provides broader regulatory context for summer fuel rules, volatility limits, and ethanol-blend treatment under the Clean Air Act.

H.R. 1346 Common Questions

Would H.R. 1346 let E15 stay on sale year-round?

Yes. H.R. 1346 extends the federal vapor-pressure treatment to gasoline blends with 10 to 15 percent ethanol, which would support broader summer and year-round E15 sales.

What is E15?

E15 is gasoline blended with up to 15 percent ethanol. Most regular gasoline sold in the U.S. is E10, which contains about 10 percent ethanol.

Does H.R. 1346 just help ethanol, or does it also change refinery rules?

It does both. The bill expands year-round E15 access and also rewrites small-refinery relief under the renewable fuel program starting in 2028.

How much relief would small refining companies get?

Eligible small refining companies would get a 75 percent reduction in renewable fuel compliance requirements beginning in 2028 under H.R. 1346.

Who counts as a small refining company under H.R. 1346?

A company qualifies if its average aggregate production of obligated fuels in 2025 did not exceed 75,000 barrels per day across its covered facilities.

When does the old small refinery petition system end?

For future years, the old extension process effectively ends after 2027. EPA could not consider petitions filed after July 1, 2028, and must act on outstanding ones by October 1, 2028.

What happens if a refinery grows above 75,000 barrels a day?

It loses eligibility for the 75 percent reduced compliance requirement in that year and every later year, even if production later falls back below the cap.

Does H.R. 1346 require new pump-label or storage-tank rules for E15?

Yes. The bill directs EPA to finalize fuel infrastructure rules within 18 months, including dispenser labels and underground storage tank compatibility for blends up to 15 percent ethanol.

Based on H.R. 1346 bill text

H.R. 1346 Bill Text

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

Source: U.S. Government Publishing Office

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