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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. APPROVAL OF ADVANCED BIOFUEL REGISTRA4 TIONS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPLICATION.—The term ‘‘application’’ 

7 means an application for registration under section 


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1 80.1450 of title 40, Code of Federal Regulations (as 

2 in effect on February 4, 2021)— 

3 (A) that was submitted for approval before 

4 February 4, 2021; 

5 (B) for which not less than 180 days have 

6 elapsed since the date on which application was 

7 submitted for approval; and 

8 (C) that has not been denied by the Ad9 ministrator of the Environmental Protection 

10 Agency (referred to in this Act as the ‘‘Admin11 istrator’’) before February 4, 2021. 

12 (2) TRANSPORTATION FUEL.—The term ‘‘trans13 portation fuel’’ has the meaning given the term in 

14 section 211(o)(1) of the Clean Air Act (42 U.S.C. 

15 7545(o)(1)). 

16 (b) ACTION ON APPLICATIONS.— 

17 (1) IN GENERAL.—For the purposes of carrying 

18 out the Renewable Fuel Program under section 

19 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) 

20 (referred to in this Act as the ‘‘Renewable Fuel Pro21 gram’’), an application shall be considered approved 

22 if not less than 1 State has approved the sale of fuel 

23 produced using the processes described in the appli24 cation under a program designed to reduce the car25 bon intensity of transportation fuel. 


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1 (2) FINAL ACTION ON CERTAIN APPLICA2 TIONS.—For the purposes of carrying out the Re3 newable Fuel Program, in a case in which no State 

4 has approved the sale of fuel produced using the 

5 processes described in the application under a pro6 gram designed to reduce the carbon intensity of 

7 transportation fuel, not later than 90 days after the 

8 date of enactment of this Act, the Administrator 

9 shall take final action on the application. 

10 SEC. 2. REQUIREMENT FOR ACTION ON PENDING AD11 VANCED BIOFUEL PATHWAYS. 

12 For purposes of carrying out the Renewable Fuel 

13 Program, not later than 180 days after the date of enact14 ment of this Act, the Administrator shall take final action 

15 on a petition for a renewable fuel pathway under section 

16 80.1416 of title 40, Code of Federal Regulations (as in 

17 effect on February 4, 2021), if— 

18 (1) the petition was submitted for approval and 

19 deemed complete in accordance with section 80.1416 

20 of title 40, Code of Federal Regulations (as in effect 

21 on February 4, 2021), before February 4, 2021; and 

22 (2) not less than 180 days have elapsed since 

23 the date on which the petition was submitted for ap24 proval and deemed complete in accordance with secVerDate Sep 11 2014 19:53 Feb 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S218.IS S218

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1 tion 80.1416 of title 40, Code of Federal Regula2 tions (as in effect on February 4, 2021). 

3 SEC. 3. FUNDING. 

4 (a) IN GENERAL.—Out of any funds in the Treasury 

5 not otherwise appropriated, the Secretary of the Treasury 

6 shall transfer to the Administrator to carry out this Act 

7 $2,000,000, to remain available until expended. 

8 (b) RECEIPT AND ACCEPTANCE.—The Administrator 

9 shall be entitled to receive, shall accept, and shall use to 

10 carry out this Act the funds transferred under subsection 

11 (a), without further appropriation. 

Æ 


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