[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4038 Introduced in Senate (IS)]

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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. Lujan, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Diesel and Sustainable 
Aviation Fuel Parity Act of 2022''.

SEC. 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).

SEC. 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).''.

SEC. 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.''.
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