A bill to approve certain advanced biofuel registrations, to require the consideration of certain advanced biofuel pathways, and to reduce greenhouse gas emissions, and for other purposes.

II 117TH CONGRESS 1ST SESSION S. 218 To approve certain advanced biofuel registrations, to require the consideration of certain advanced biofuel pathways, and to reduce greenhouse gas emissions, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2021 Mr. THUNE (for himself and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To approve certain advanced biofuel registrations, to require the consideration of certain advanced biofuel pathways, and to reduce greenhouse gas emissions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. APPROVAL OF ADVANCED BIOFUEL REGISTRA- 3 TIONS. 4 (a) DEFINITIONS.—In this section: 5 (1) APPLICATION.—The term ‘‘application’’ 6 means an application for registration under section 7 VerDate Sep 11 2014 19:53 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S218.IS S218 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 218 IS 80.1450 of title 40, Code of Federal Regulations (as 1 in effect on February 4, 2021)— 2 (A) that was submitted for approval before 3 February 4, 2021; 4 (B) for which not less than 180 days have 5 elapsed since the date on which application was 6 submitted for approval; and 7 (C) that has not been denied by the Ad- 8 ministrator of the Environmental Protection 9 Agency (referred to in this Act as the ‘‘Admin- 10 istrator’’) before February 4, 2021. 11 (2) TRANSPORTATION FUEL.—The term ‘‘trans- 12 portation fuel’’ has the meaning given the term in 13 section 211(o)(1) of the Clean Air Act (42 U.S.C. 14 7545(o)(1)). 15 (b) ACTION ON APPLICATIONS.— 16 (1) IN GENERAL.—For the purposes of carrying 17 out the Renewable Fuel Program under section 18 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) 19 (referred to in this Act as the ‘‘Renewable Fuel Pro- 20 gram’’), an application shall be considered approved 21 if not less than 1 State has approved the sale of fuel 22 produced using the processes described in the appli- 23 cation under a program designed to reduce the car- 24 bon intensity of transportation fuel. 25 VerDate Sep 11 2014 19:53 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S218.IS S218 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 218 IS (2) FINAL ACTION ON CERTAIN APPLICA- 1 TIONS.—For the purposes of carrying out the Re- 2 newable Fuel Program, in a case in which no State 3 has approved the sale of fuel produced using the 4 processes described in the application under a pro- 5 gram designed to reduce the carbon intensity of 6 transportation fuel, not later than 90 days after the 7 date of enactment of this Act, the Administrator 8 shall take final action on the application. 9 SEC. 2. REQUIREMENT FOR ACTION ON PENDING AD- 10 VANCED BIOFUEL PATHWAYS. 11 For purposes of carrying out the Renewable Fuel 12 Program, not later than 180 days after the date of enact- 13 ment of this Act, the Administrator shall take final action 14 on a petition for a renewable fuel pathway under section 15 80.1416 of title 40, Code of Federal Regulations (as in 16 effect on February 4, 2021), if— 17 (1) the petition was submitted for approval and 18 deemed complete in accordance with section 80.1416 19 of title 40, Code of Federal Regulations (as in effect 20 on February 4, 2021), before February 4, 2021; and 21 (2) not less than 180 days have elapsed since 22 the date on which the petition was submitted for ap- 23 proval and deemed complete in accordance with sec- 24 VerDate Sep 11 2014 19:53 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S218.IS S218 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 218 IS tion 80.1416 of title 40, Code of Federal Regula- 1 tions (as in effect on February 4, 2021). 2 SEC. 3. FUNDING. 3 (a) IN GENERAL.—Out of any funds in the Treasury 4 not otherwise appropriated, the Secretary of the Treasury 5 shall transfer to the Administrator to carry out this Act 6 $2,000,000, to remain available until expended. 7 (b) RECEIPT AND ACCEPTANCE.—The Administrator 8 shall be entitled to receive, shall accept, and shall use to 9 carry out this Act the funds transferred under subsection 10 (a), without further appropriation. 11 Æ VerDate Sep 11 2014 19:53 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S218.IS S218 pamtmann on DSKBC07HB2PROD with BILLS