; (2) in paragraph (4), in the matter preceding subparagraph (A), by striking 10 percent and inserting 10 to 15 percent ; and (3) in paragraph (5)(A)— (A) by striking Upon notification, accompanied by and inserting On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Nationwide Consumer and Fuel Retailer Choice Act of 2023 , and is accompanied by appropriate ; and (B) by striking 10 percent and inserting 10 to 15 percent . 3. Generation of credits by small refineries under the renewable fuel program Section 211(o)(9) of the Clean Air Act ( 42 U.S.C. 7545(o)(9) ) is amended by adding at the end the following: (E) Credits generated for 2016-2018 compliance years (i) Credits generated for compliance year 2018 For any small refinery— (I) that submitted a petition under subparagraph (B)(i) for compliance year 2018 by September 1, 2019; (II) that retired credits generated for compliance year 2018 as part of the compliance demonstration of the small refinery for compliance year 2018 by March 31, 2019; and (III) for which— (aa) the petition remained outstanding as of December 1, 2022; or (bb) the Administrator denied the petition as of July 1, 2022, and has not returned the retired credits as of December 1, 2022, the credits shall be— (AA) returned to the small refinery and, notwithstanding paragraph (5)(C), deemed eligible for future compliance years; or (BB) applied as a credit in the EPA Moderated Transaction System (EMTS) account of the small refinery. (ii) Credits generated for compliance years 2016 and 2017 For any small refinery that retired credits generated for compliance years 2016 or 2017 and submitted a petition under subparagraph (B)(i) for that compliance year that remained outstanding as of December 1, 2022, those generated credits shall be— (I) returned to the small refinery and, notwithstanding paragraph (5)(C), deemed eligible for future compliance years