II 117th CONGRESS 2d Session S. 4038 IN THE SENATE OF THE UNITED STATES April 7, 2022 Mr. Barrasso (for himself, Mrs. Feinstein , Mr. Cassidy , Mr. Luján , 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. Short title This Act may be cited as the Renewable Diesel and Sustainable Aviation Fuel Parity Act of 2022 . 2. Renewable diesel and sustainable aviation fuel production and imports (a) Definition of sustainable aviation fuel In this section, the term sustainable aviation fuel means liquid that— (1) meets the requirements of— (A) ASTM International Standard D7566; or (B) the coprocessing provisions of ASTM International Standard D1655, Annex A1; (2) is not derived from palm fatty acid distillates, palm oil, natural gas, coal, or petroleum; and (3) compared to petroleum-based jet fuel, has at least a 50 percent reduction in lifecycle greenhouse gas emissions, as measured in accordance with— (A) section 211(o)(1)(H) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(H) ); or (B) the methodology referenced in the most recent Carbon Offsetting and Reduction Scheme for International Aviation, as adopted by the International Civil Aviation Organization with the agreement of the United States. (b) Reported data Not later than January 1, 2025, the Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall include in the Petroleum Supply Monthly, Petroleum Supply Annual, Annual Energy Outlook, and any other relevant report of the Energy Information Administration, as determined by the Administrator of the Energy Information Administration, data on renewable diesel and sustainable aviation fuel, subject to subsection (c), including— (1) the type, origin, and volume of feedstock used in the production of— (A) renewable diesel— (i) in each State or, if appropriate, Petroleum Administration for Defense District, as applicable; (ii) in the United States; and (iii) to the maximum extent practicable, in each foreign country, as applicable; and (B) sustainable aviation fuel— (i) in each State or, if appropriate, Petroleum Administration for Defense District, as applicable; (ii) in the United States; and (iii) to the maximum extent practicable, in each foreign country, as applicable; (2) the total amount of renewable diesel— (A) produced— (i) in each State, as applicable; and (ii) in the United States; and (B) imported from— (i) each foreign country, as applicable; and (ii) all foreign countries, as applicable; and (3) the total amount of sustainable aviation fuel— (A) produced— (i) in each State, as applicable; and (ii) in the United States; and (B) imported from— (i) each foreign country, as applicable; and (ii) all foreign countries, as applicable. (c) Reporting requirements Data published under subsection (b) shall— (1) be obtained using an accounting methodology that— (A) is consistent with generally accepted accounting principles; and (B) ensures no double counting of feedstock or fuel; and (2) be consistent with restrictions necessary to protect competitively sensitive information, in accordance with— (A) section 552 of title 5, United States Code; (B) section 1905 of title 18, United States Code; and (C) section 1004.11 of title 10, Code of Federal Regulations (or a successor regulation). 3. Amendments to the Energy Policy Act of 2005 (a) Bioenergy program Section 932(b)(5) of the Energy Policy Act of 2005 ( 42 U.S.C. 16232(b)(5) ) is amended by inserting , including regenerative farming practices after feedstocks . (b) Incentives for innovative technologies Section 1703(b)(10) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(10) ) is amended by striking at which crude oil is refined into gasoline. and inserting the following: at which— (A) crude oil is refined into gasoline; or (B) animal fats, vegetable oils, waste streams from materials from biogenic origin, or renewable biomass (as defined in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), but excluding palm fatty acid distillates and palm oil) are refined into— (i) renewable diesel; (ii) renewable gasoline; (iii) renewable naphtha; or (iv) sustainable aviation fuel (as defined in section 2(a) of the Renewable Diesel and Sustainable Aviation Fuel Parity Act of 2022 ). . 4. Amendments to the Energy Independence and Security Act of 2007 Section 205 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17021 ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated), by striking Not later than and inserting the following: (1) In general Not later than ; and (C) by adding at the end the following: (2) Renewable diesel Renewable diesel or renewable diesel blends that meet ASTM D975 diesel specifications shall not require any additional label. ; and (2) in subsection (c)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (2), respectively, and moving the paragraphs so as to appear in numerical order; (B) in paragraph (2) (as so redesignated)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as so redesignated), by striking The term and inserting the following: (A) In general The term ; and (iii) by adding at the end the following: (B) Exclusion The term biodiesel does not include renewable diesel that meets or exceeds ASTM D975 diesel specifications. ; (C) in paragraph (3) (as so redesignated)— (i) by striking The term and inserting the following: (A) In general The term ; and (ii) by adding at the end the following: (B) Exclusion The term biomass-based diesel does not include renewable diesel that meets or exceeds ASTM D975 diesel specifications. ; and (D) by adding at the end the following: (5) Renewable diesel The term renewable diesel means diesel produced by refining animal fats, vegetable oils, waste streams from materials from biogenic origin, or renewable biomass (as defined in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ), but excluding palm fatty acid distillates and palm oil) in a manner that results in a hydrocarbon oil that— (A) has a chemical structure similar to diesel; and (B) meets ASTM D975 diesel specifications. (6) Renewable diesel blend The term renewable diesel blend means a blend that contains— (A) renewable diesel; and (B) petroleum-based diesel fuel. .