II 

117TH CONGRESS 

2D SESSION S. 4038 

To increase the production and use of renewable diesel and sustainable 

aviation fuel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mr. BARRASSO (for himself, Mrs. FEINSTEIN, Mr. CASSIDY, Mr. LUJA ́N, and 

Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To increase the production and use of renewable diesel and 

sustainable aviation fuel, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Renewable Diesel and 

5 Sustainable Aviation Fuel Parity Act of 2022’’. 

6 SEC. 2. RENEWABLE DIESEL AND SUSTAINABLE AVIATION 

7 FUEL PRODUCTION AND IMPORTS. 

8 (a) DEFINITION OF SUSTAINABLE AVIATION

9 FUEL.—In this section, the term ‘‘sustainable aviation 

10 fuel’’ means liquid that— 


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1 (1) meets the requirements of— 

2 (A) ASTM International Standard D7566; 

3 or 

4 (B) the coprocessing provisions of ASTM 

5 International Standard D1655, Annex A1; 

6 (2) is not derived from palm fatty acid dis7 tillates, palm oil, natural gas, coal, or petroleum; 

8 and 

9 (3) compared to petroleum-based jet fuel, has 

10 at least a 50 percent reduction in lifecycle green11 house gas emissions, as measured in accordance 

12 with— 

13 (A) section 211(o)(1)(H) of the Clean Air 

14 Act (42 U.S.C. 7545(o)(1)(H)); or 

15 (B) the methodology referenced in the 

16 most recent Carbon Offsetting and Reduction 

17 Scheme for International Aviation, as adopted 

18 by the International Civil Aviation Organization 

19 with the agreement of the United States. 

20 (b) REPORTED DATA.—Not later than January 1, 

21 2025, the Secretary of Energy, acting through the Admin22 istrator of the Energy Information Administration, shall 

23 include in the Petroleum Supply Monthly, Petroleum Sup24 ply Annual, Annual Energy Outlook, and any other rel25 evant report of the Energy Information Administration, 


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1 as determined by the Administrator of the Energy Infor2 mation Administration, data on renewable diesel and sus3 tainable aviation fuel, subject to subsection (c), includ4 ing— 

5 (1) the type, origin, and volume of feedstock 

6 used in the production of— 

7 (A) renewable diesel— 

8 (i) in each State or, if appropriate, 

9 Petroleum Administration for Defense Dis10 trict, as applicable; 

11 (ii) in the United States; and 

12 (iii) to the maximum extent prac13 ticable, in each foreign country, as applica14 ble; and 

15 (B) sustainable aviation fuel— 

16 (i) in each State or, if appropriate, 

17 Petroleum Administration for Defense Dis18 trict, as applicable; 

19 (ii) in the United States; and 

20 (iii) to the maximum extent prac21 ticable, in each foreign country, as applica22 ble; 

23 (2) the total amount of renewable diesel— 

24 (A) produced— 

25 (i) in each State, as applicable; and 


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1 (ii) in the United States; and 

2 (B) imported from— 

3 (i) each foreign country, as applicable; 

4 and 

5 (ii) all foreign countries, as applicable; 

6 and 

7 (3) the total amount of sustainable aviation 

8 fuel— 

9 (A) produced— 

10 (i) in each State, as applicable; and 

11 (ii) in the United States; and 

12 (B) imported from— 

13 (i) each foreign country, as applicable; 

14 and 

15 (ii) all foreign countries, as applicable. 

16 (c) REPORTING REQUIREMENTS.—Data published 

17 under subsection (b) shall— 

18 (1) be obtained using an accounting method19 ology that— 

20 (A) is consistent with generally accepted 

21 accounting principles; and 

22 (B) ensures no double counting of feed23 stock or fuel; and 


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1 (2) be consistent with restrictions necessary to 

2 protect competitively sensitive information, in ac3 cordance with— 

4 (A) section 552 of title 5, United States 

5 Code; 

6 (B) section 1905 of title 18, United States 

7 Code; and 

8 (C) section 1004.11 of title 10, Code of 

9 Federal Regulations (or a successor regulation). 

10 SEC. 3. AMENDMENTS TO THE ENERGY POLICY ACT OF 

11 2005. 

12 (a) BIOENERGY PROGRAM.—Section 932(b)(5) of the 

13 Energy Policy Act of 2005 (42 U.S.C. 16232(b)(5)) is 

14 amended by inserting ‘‘, including regenerative farming 

15 practices’’ after ‘‘feedstocks’’. 

16 (b) INCENTIVES FOR INNOVATIVE TECHNOLOGIES.— 

17 Section 1703(b)(10) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16513(b)(10)) is amended by striking ‘‘at which 

19 crude oil is refined into gasoline.’’ and inserting the fol20 lowing: ‘‘at which— 

21 ‘‘(A) crude oil is refined into gasoline; or 

22 ‘‘(B) animal fats, vegetable oils, waste 

23 streams from materials from biogenic origin, or 

24 renewable biomass (as defined in section 

25 211(o)(1) of the Clean Air Act (42 U.S.C. 


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1 7545(o)(1)), but excluding palm fatty acid dis2 tillates and palm oil) are refined into— 

3 ‘‘(i) renewable diesel; 

4 ‘‘(ii) renewable gasoline; 

5 ‘‘(iii) renewable naphtha; or 

6 ‘‘(iv) sustainable aviation fuel (as de7 fined in section 2(a) of the Renewable Die8 sel and Sustainable Aviation Fuel Parity 

9 Act of 2022).’’. 

10 SEC. 4. AMENDMENTS TO THE ENERGY INDEPENDENCE 

11 AND SECURITY ACT OF 2007. 

12 Section 205 of the Energy Independence and Security 

13 Act of 2007 (42 U.S.C. 17021) is amended— 

14 (1) in subsection (b)— 

15 (A) by redesignating paragraphs (1) 

16 through (3) as subparagraphs (A) through (C), 

17 respectively, and indenting appropriately; 

18 (B) in the matter preceding subparagraph 

19 (A) (as so redesignated), by striking ‘‘Not later 

20 than’’ and inserting the following: 

21 ‘‘(1) IN GENERAL.—Not later than’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(2) RENEWABLE DIESEL.—Renewable diesel 

24 or renewable diesel blends that meet ASTM D975 


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1 diesel specifications shall not require any additional 

2 label.’’; and 

3 (2) in subsection (c)— 

4 (A) by redesignating paragraphs (2) and 

5 (3) as paragraphs (3) and (2), respectively, and 

6 moving the paragraphs so as to appear in nu7 merical order; 

8 (B) in paragraph (2) (as so redesig9 nated)— 

10 (i) by redesignating subparagraphs 

11 (A) and (B) as clauses (i) and (ii), respec12 tively, and indenting appropriately; 

13 (ii) in the matter preceding clause (i) 

14 (as so redesignated), by striking ‘‘The 

15 term’’ and inserting the following: 

16 ‘‘(A) IN GENERAL.—The term’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(B) EXCLUSION.—The term ‘biodiesel’ 

20 does not include renewable diesel that meets or 

21 exceeds ASTM D975 diesel specifications.’’; 

22 (C) in paragraph (3) (as so redesig23 nated)— 

24 (i) by striking ‘‘The term’’ and insert25 ing the following: 


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1 ‘‘(A) IN GENERAL.—The term’’; and 

2 (ii) by adding at the end the fol3 lowing: 

4 ‘‘(B) EXCLUSION.—The term ‘biomass5 based diesel’ does not include renewable diesel 

6 that meets or exceeds ASTM D975 diesel speci7 fications.’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(5) RENEWABLE DIESEL.—The term ‘renew10 able diesel’ means diesel produced by refining animal 

11 fats, vegetable oils, waste streams from materials 

12 from biogenic origin, or renewable biomass (as de13 fined in section 211(o)(1) of the Clean Air Act (42 

14 U.S.C. 7545(o)(1)), but excluding palm fatty acid 

15 distillates and palm oil) in a manner that results in 

16 a hydrocarbon oil that— 

17 ‘‘(A) has a chemical structure similar to 

18 diesel; and 

19 ‘‘(B) meets ASTM D975 diesel specifica20 tions. 

21 ‘‘(6) RENEWABLE DIESEL BLEND.—The term 

22 ‘renewable diesel blend’ means a blend that con23 tains— 

24 ‘‘(A) renewable diesel; and 


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1 ‘‘(B) petroleum-based diesel fuel.’’. 

Æ 


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