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.

I 117TH CONGRESS 1ST SESSION H. R. 1637 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 HOUSE OF REPRESENTATIVES MARCH 8, 2021 Mr. JOHNSON of South Dakota (for himself, Mr. RODNEY DAVIS of Illinois, Ms. CRAIG, Mrs. AXNE, Mr. SMITH of Nebraska, Mr. POCAN, Mr. FEENSTRA, Mr. HAGEDORN, Mr. BOST, Mrs. BUSTOS, Mr. BAIRD, Mr. EMMER, Mr. BACON, Mrs. FISCHBACH, and Mrs. HINSON) introduced the following bill; which was referred to the Committee on Energy and Com- merce 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. APPROVAL OF ADVANCED BIOFUEL REGISTRA- 3 TIONS. 4 (a) DEFINITIONS.—In this section: 5 VerDate Sep 11 2014 01:01 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1637.IH H1637 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1637 IH (1) APPLICATION.—The term ‘‘application’’ 1 means an application for registration under section 2 80.1450 of title 40, Code of Federal Regulations (as 3 in effect on February 4, 2021)— 4 (A) that was submitted for approval before 5 February 4, 2021; 6 (B) for which not less than 180 days have 7 elapsed since the date on which application was 8 submitted for approval; and 9 (C) that has not been denied by the Ad- 10 ministrator of the Environmental Protection 11 Agency (referred to in this Act as the ‘‘Admin- 12 istrator’’) before February 4, 2021. 13 (2) TRANSPORTATION FUEL.—The term ‘‘trans- 14 portation fuel’’ has the meaning given the term in 15 section 211(o)(1) of the Clean Air Act (42 U.S.C. 16 7545(o)(1)). 17 (b) ACTION ON APPLICATIONS.— 18 (1) IN GENERAL.—For the purposes of carrying 19 out the Renewable Fuel Program under section 20 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) 21 (referred to in this Act as the ‘‘Renewable Fuel Pro- 22 gram’’), an application shall be considered approved 23 if not less than 1 State has approved the sale of fuel 24 produced using the processes described in the appli- 25 VerDate Sep 11 2014 01:01 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1637.IH H1637 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1637 IH cation under a program designed to reduce the car- 1 bon intensity of transportation fuel. 2 (2) FINAL ACTION ON CERTAIN APPLICA- 3 TIONS.—For the purposes of carrying out the Re- 4 newable Fuel Program, in a case in which no State 5 has approved the sale of fuel produced using the 6 processes described in the application under a pro- 7 gram designed to reduce the carbon intensity of 8 transportation fuel, not later than 90 days after the 9 date of enactment of this Act, the Administrator 10 shall take final action on the application. 11 SEC. 2. REQUIREMENT FOR ACTION ON PENDING AD- 12 VANCED BIOFUEL PATHWAYS. 13 For purposes of carrying out the Renewable Fuel 14 Program, not later than 180 days after the date of enact- 15 ment of this Act, the Administrator shall take final action 16 on a petition for a renewable fuel pathway under section 17 80.1416 of title 40, Code of Federal Regulations (as in 18 effect on February 4, 2021), if— 19 (1) the petition was submitted for approval and 20 deemed complete in accordance with section 80.1416 21 of title 40, Code of Federal Regulations (as in effect 22 on February 4, 2021), before February 4, 2021; and 23 (2) not less than 180 days have elapsed since 24 the date on which the petition was submitted for ap- 25 VerDate Sep 11 2014 01:01 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1637.IH H1637 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1637 IH proval and deemed complete in accordance with sec- 1 tion 80.1416 of title 40, Code of Federal Regula- 2 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. 12 Æ VerDate Sep 11 2014 01:01 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1637.IH H1637 pbinns on DSKJLVW7X2PROD with BILLS