```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10252 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10252

 To direct the Administrator of the Environmental Protection Agency to 
 amend certain regulations for purposes of the renewable fuel program, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 2024

  Mr. Curtis introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To direct the Administrator of the Environmental Protection Agency to 
 amend certain regulations for purposes of the renewable fuel program, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleaner Biofuels Act of 2024''.

SEC. 2. REVISED DEFINITION OF ADVANCED BIOFUEL.

    Section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B) 
is amended--
            (1) in clause (i) by striking ``, other than ethanol 
        derived from corn starch,''; and
            (2) in clause (ii)(II) by striking ``(other than corn 
        starch)'' and inserting ``, (including corn starch)''.

SEC. 3. SUPPLEMENTAL RIN GENERATION FOR CERTAIN RENEWABLE FUEL.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall promulgate, after notice and opportunity for 
comment, a final rule--
            (1) revising the regulations for carrying out the Renewable 
        Fuel Program to add to the product of the formula for 
        determining the number of gallon-RINs generated for a batch of 
        renewable fuel under Section 80.1426(f), title 40, Code of 
        Federal Regulations Supplemental gallon-RINs according to the 
        provisions under (A) and (B), subject to the limitations under 
        (C), when
                    (A) the renewable fuel produced is ethanol derived 
                from cornstarch, with lifecycle greenhouse gas 
                emissions that are at least--
                            (i) 50 percent less than baseline 
                        greenhouse gas emissions, multiply the product 
                        of the formula by 0.3; or
                            (ii) 60 percent less than baseline 
                        greenhouse gas emissions, multiply the product 
                        of the formula by 0.4;
                    (B) the renewable fuel produced is an advanced 
                biofuel with lifecycle greenhouse gas emissions that 
                are at least--
                            (i) 70 percent less than baseline 
                        greenhouse gas emissions, multiply the product 
                        of the formula by 0.5;
                            (ii) 80 percent less than baseline 
                        greenhouse gas emissions, multiply the product 
                        of the formula by 0.6;
                            (iii) 90 percent less than baseline 
                        greenhouse gas emissions, multiply the product 
                        of the formula by 0.7; or
                            (iv) 100 percent or greater than baseline 
                        greenhouse gas emissions, multiply the product 
                        of the formula by 1 times; and
                    (C) ensuring the resulting number of supplemental 
                gallon-RINs in (A) and (B) are awarded in the same D 
                code as the qualifying fuel, are calculated separately 
                then added to the total RINs calculated in 80.1426(f), 
                and are limited by the percentage portion attributable 
                to the renewable biomass per batch;
            (2) identifying applicability of supplemental RIN 
        generation to renewable fuels including types of renewable 
        fuels from--
                    (A) renewable biomass produced on eligible acres, 
                as verified by the Administrator;
                    (B) production processes certified by the 
                Administrator; or
                    (C) other processes or activities resulting in 
                lifecycle greenhouse gas reductions the Administrator 
                considers appropriate when used in the production of 
                such renewable fuel from renewable biomass;
            (3) ensuring the renewable fuel obligation determined by 
        the Administrator accounts for the increased availability of 
        advanced biofuel RINs as a result of subparagraphs (1) and (2) 
        in order to maintain the requirement of section 
        211(o)(2)(B)(i)(II) of the Clean Air Act (42 U.S.C. 7545(o)(2)) 
        by--
                    (A) based on data reported as of 9/30, adjusting 
                upward the subsequent year's RVO, as determined by 
                211(o)(2)(B)(ii)-(iii), by adding to the applicable 
                Annual Volume of advanced biofuel the result of--
                            (i) the total number of Supplemental RINs 
                        calculated under 3(a)(1)(A)-(B) and limited by 
                        (C), divided by
                            (ii) the Equivalence Value of the fuel 
                        produced;
                    (B) publishing an amended RVO for the following 
                year by 11/30 if more than X percent change from 
                previously published RVO; and
                    (C) ensuring that designated Supplemental RINs meet 
                eligibility requirements by using third-party auditors 
                to complete Quality Assurance Plan audits for 
                feedstocks, fuels, and processes; and
            (4) formalizing timelines for the pathway petition review 
        and approval process by--
                    (A) setting mandatory timeframes for petition 
                reviews and determinations of approvals/denials, 
                including a mandatory approval process and timeframe if 
                there is EPA inaction on a pathway petition for more 
                than X 180 days;
                    (B) publishing and making transparent the lifecycle 
                calculation methodologies, models, and tools used to 
                make pathway petition determinations; and
                    (C) creating an Expanded Efficient Producer 
                Petition Process (EEPPP) by completing the necessary 
                lifecycle analyses and updating the Efficient Producer 
                Petition Process' administrative pathway tools to 
                include additional feedstocks, fuels, processes, and 
                activities including carbon oxide sequestration and 
                other processes, including those identified in 
                3(a)(2)(A)-(C).
    (b) Applicability.--The revisions required by subsection (a) shall 
apply beginning the first calendar year that begins after the date of 
enactment of this Act.

SEC. 4. RESPONSIBILITIES OF THE ADMINISTRATOR.

    (a) In General.--In carrying out Section 3 of this Act, the 
Administrator shall--
            (1) report annually to Congress on greenhouse gas emissions 
        impacts as a result of actions taken to carry out this Act, 
        including--
                    (A) the greenhouse gas emissions reductions from 
                processes and activities identified in 3(a)(2)(A)-(C) 
                including--
                            (i) the type and number of geological 
                        sequestration mechanisms used in the production 
                        of renewable fuel as certified by the 
                        Administrator;
                            (ii) the number of verified eligible acres 
                        of agricultural land by region; and
                            (iii) greenhouse gas emissions reductions 
                        from farming on verified eligible acres as 
                        compared to greenhouse gas emissions from 
                        traditional farming practices; and
                    (B) the impact of the Supplemental RINs on the 
                Renewable Fuel Program including analysis of the 
                Supplemental RINs generated and status of the RIN bank 
                and market;
    (b) In carrying out Section 3(a)(2) of this Act the Administrator 
shall--
            (1) confirm the eligibility of renewable fuels by 
        certifying the processes used to produce the renewable fuel 
        from renewable biomass (2) confirm the eligibility of renewable 
        fuels using carbon oxide geological sequestration in a class VI 
        well, in accordance with the permitting, monitoring, 
        recordkeeping, and other requirements applicable to underground 
        injection under part C of the Safe Drinking Water Act (42 
        U.S.C. 300h et seq.);
            (2) verify eligible acres implementing farming practices 
        upon application by a producer in coordination with the 
        Secretary of Agriculture; and
            (3) prohibit a RIN generator from generating Supplemental 
        RINs by double counting across domestic carbon programs the GHG 
        benefits from verified eligible acres implementing farming 
        practices;
    (c) In carrying out Section 3(a)(3) of this Act, the Administrator 
shall--
            (1) make required adjustments to administrative systems 
        EMTS to designate and identify Supplemental RINs as distinct 
        from other RINs; and
            (2) publish timely monthly reports to provide accurate 
        totals of Supplemental RINs awarded; and
    (d) In carrying out Section 3(a)(4) of this Act, the Administrator 
shall--
            (1) allow ethanol producers using the Supplemental RIN 
        generation described in 3(a)(1)(A) to submit an Expanded 
        Efficient Producer Pathway Petition as defined by the 
        Administrator in 3(a)(4)(C); and
            (2) allow advanced fuel producers using the Supplemental 
        RIN generation described in 3(a)(1)(B) to submit an Expanded 
        Efficient Producer Pathway Petition as defined by the 
        Administrator in 3(a)(4)(C).
    (e) Coordination.--As part of the Administrator's responsibilities 
under (a), the Administrator in coordination with the Secretary of 
Agriculture shall--
            (1) identify a verification system for eligible acres of 
        agricultural land producing renewable biomass qualified for 
        inclusion under 3(a)(2)(A);
            (2) establish criteria for identifying, determining, and 
        assessing farming practices that reduce greenhouse gas 
        emissions associated with agricultural production per acre of 
        agricultural land;
            (3) identify tools for the quantification of the effects of 
        farming practices that reduce the greenhouse gas emissions of 
        agricultural land including the total acres on which those 
        practices are being implemented; and
            (4) establish a method for calculating the carbon intensity 
        score for agricultural land and processes that lower the 
        greenhouse gas emissions associated with agricultural practices 
        based in Argonne National Laboratory's Research & Development 
        Greenhouse gases, Regulated Emissions, and Energy use in 
        Technologies (GREET) lifecycle model and associated Feedstock 
        Carbon Intensity Calculator (FD-CIC).
    (f) Regulations.--Not later than one year after the date of 
enactment of this Act, the Administrator shall promulgate, after notice 
and opportunity for comment, a final rule to carry out this section.
    (g) Applicability.--The final rule promulgated pursuant to 
subsection (a) shall apply beginning the first calendar year that 
begins after the date of enactment of this Act.

SEC. 5 DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Baseline lifecycle greenhouse gas emissions.--The term 
        ``baseline lifecycle greenhouse gas emissions'' has the meaning 
        given to such term in section 211(o)(1) of the Clean Air Act 
        (42 U.S.C. 7545(o)(1)).
            (3) Batch of renewable fuel.--The term ``batch of renewable 
        fuel'' has the meaning given to such term in Section 80.1426(d) 
        of title 40, Code of Federal Regulations.
            (4) Carbon intensity score.--The term ``carbon intensity 
        score'' means a score to be assigned by the Administrator using 
        Argonne National Laboratory's Research & Development Greenhouse 
        gases, Regulated Emissions, and Energy use in Technologies 
        (GREET) lifecycle model and associated Feedstock Carbon 
        Intensity Calculator (FD-CIC) for calculating such scores 
        established under Section 4(e)(2), and attributable to an acre 
        of agricultural land representing the amount of carbon dioxide 
        emissions avoided with respect to such acre per year, based on 
        the farming practices implemented on such land, which may take 
        into consideration the geographic region in which the farming 
        practice is implemented.
            (5) Eligible acre.--The term ``eligible acre'' means an 
        acre of agricultural land on which farming practices, meeting 
        the criteria established under Section 4(b), are implemented 
        that result in reduced greenhouse gas emissions associated with 
        that acre of agricultural land.
            (6) Gallon-rin.--The term ``Gallon-RIN'' has the meaning 
        given to such term in Section 80.1401 of title 40, Code of 
        Federal Regulations.
            (7) Lifecycle greenhouse gas emissions.--
                    (A) In general.--Subject to (B), the term 
                ``lifecycle greenhouse gas emissions'' has the meaning 
                given to such term in section 211(o)(1) of the Clean 
                Air Act (42 U.S.C. 7545(o)(1)).
                    (B) Greet model.--The lifecycle greenhouse gas 
                emissions shall be based on the most recent 
                determinations under Argonne National Laboratory's 
                Research & Development Greenhouse gases, Regulated 
                Emissions, and Energy use in Technologies (GREET) 
                lifecycle model and associated Feedstock Carbon 
                Intensity Calculator (FD-CIC), or a successor model.
            (8) Percentage portion.--
                    (A) In general.--Subject to 3(a)(C), the term 
                ``percentage portion'' means the volume or mass of 
                renewable biomass from verified eligible acres or other 
                qualifying process or activity in a batch of renewable 
                fuel as compared to the total volume or mass of 
                renewable biomass in that batch of renewable fuel.
                    (B) Calculation.--the percentage portion shall be 
                based on the ratio of renewable biomass generated from 
                verified eligible acres or other qualifying process or 
                activity reported for the batch of renewable fuel to 
                all renewable biomass reported for that batch and 
                applied after determining all applicable calculations 
                under Code of Federal Regulations Section 80.1426(f) of 
                title 40, to determine the total number of gallon-RINs 
                that shall be generated for the batch.
            (9) Renewable biomass.--The term ``renewable biomass'' has 
        the meaning given to such term in section 211(o)(1) of the 
        Clean Air Act (42 U.S.C. 7545(o)(1)).
            (10) Renewable fuel.--The term ``renewable fuel'' has the 
        meaning given to such term in section 211(o)(1) of the Clean 
        Air Act (42 U.S.C.7545(o)(1)).
            (11) Renewable fuel program.--The term ``Renewable Fuel 
        Program'' means the Renewable Fuel Program under section 211(o) 
        of the Clean Air Act (42 U.S.C. 7545(o)).
            (12) Renewable identification number (rin).--The term 
        ``Renewable Identification Number'' has the meaning given to 
        such term in Section 80.1401 of title 40, Code of Federal 
        Regulations.
                                 <all>
```