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.
Bill: S.218 | Sponsor: Sen. Thune, John (R-SD)
Policy area: Energy

Summary:
This bill expedites the approval process for renewable fuels under the renewable fuel standard (RFS) program. The existing RFS program requires transportation fuel to contain a minimum volume of renewable fuel. Producers must register renewable fuels under the program.
The bill considers an application to register a renewable fuel under the RFS program to be approved by the Environmental Protection Agency (EPA) if the fuel has been approved under any state renewable fuel program. It also establishes a deadline for the EPA to make a decision on any pending application for a renewable fuel that has not yet been approved under any state program.
In addition, the bill establishes deadlines for the EPA to make decisions on pending pathway petitions by producers to register biofuels. If the EPA does not make decisions on the petitions by the deadlines, then petitions are automatically approved.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPROVAL OF ADVANCED BIOFUEL REGISTRATIONS.

    (a) Definitions.--In this section:
            (1) Application.--The term ``application'' means an 
        application for registration under section 80.1450 of title 40, 
        Code of Federal Regulations (as in effect on February 4, 
        2021)--
                    (A) that was submitted for approval before February 
                4, 2021;
                    (B) for which not less than 180 days have elapsed 
                since the date on which application was submitted for 
                approval; and
                    (C) that has not been denied by the Administrator 
                of the Environmental Protection Agency (referred to in 
                this Act as the ``Administrator'') before February 4, 
                2021.
            (2) Transportation fuel.--The term ``transportation fuel'' 
        has the meaning given the term in section 211(o)(1) of the 
        Clean Air Act (42 U.S.C. 7545(o)(1)).
    (b) Action on Applications.--
            (1) In general.--For the purposes of carrying out the 
        Renewable Fuel Program under section 211(o) of the Clean Air 
        Act (42 U.S.C. 7545(o)) (referred to in this Act as the 
        ``Renewable Fuel Program''), an application shall be considered 
        approved if not less than 1 State has approved the sale of fuel 
        produced using the processes described in the application under 
        a program designed to reduce the carbon intensity of 
        transportation fuel.
            (2) Final action on certain applications.--For the purposes 
        of carrying out the Renewable Fuel Program, in a case in which 
        no State has approved the sale of fuel produced using the 
        processes described in the application under a program designed 
        to reduce the carbon intensity of transportation fuel, not 
        later than 90 days after the date of enactment of this Act, the 
        Administrator shall take final action on the application.

SEC. 2. REQUIREMENT FOR ACTION ON PENDING ADVANCED BIOFUEL PATHWAYS.

    For purposes of carrying out the Renewable Fuel Program, not later 
than 180 days after the date of enactment of this Act, the 
Administrator shall take final action on a petition for a renewable 
fuel pathway under section 80.1416 of title 40, Code of Federal 
Regulations (as in effect on February 4, 2021), if--
            (1) the petition was submitted for approval and deemed 
        complete in accordance with section 80.1416 of title 40, Code 
        of Federal Regulations (as in effect on February 4, 2021), 
        before February 4, 2021; and
            (2) not less than 180 days have elapsed since the date on 
        which the petition was submitted for approval and deemed 
        complete in accordance with section 80.1416 of title 40, Code 
        of Federal Regulations (as in effect on February 4, 2021).

SEC. 3. FUNDING.

    (a) In General.--Out of any funds in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall transfer to the 
Administrator to carry out this Act $2,000,000, to remain available 
until expended.
    (b) Receipt and Acceptance.--The Administrator shall be entitled to 
receive, shall accept, and shall use to carry out this Act the funds 
transferred under subsection (a), without further appropriation. 
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