[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2873 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2873
To amend the Clean Air Act to reform the renewable fuel program under
that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2019
Mr. Udall introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Clean Air Act to reform the renewable fuel program under
that Act, 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 ``Growing Renewable Energy through
Existing and New Environmentally Responsible Fuels Act'' or the
``GREENER Fuels Act''.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 3. LIMITATION ON FUELS DERIVED FROM CORN KERNELS.
(a) Advanced Biofuel.--Section 211(o)(1)(B) of the Clean Air Act
(42 U.S.C. 7545(o)(1)(B)) is amended--
(1) in clause (i), by striking ``, other than ethanol
derived from corn starch,''; and
(2) by adding at the end the following:
``(iii) Exclusion.--The term `advanced
biofuel' does not include any fuel derived from
a corn kernel-based feedstock.''.
(b) Cellulosic Biofuel.--Section 211(o)(1)(E) of the Clean Air Act
(42 U.S.C. 7545(o)(1)(E)) is amended--
(1) by striking ``The term'' and inserting the following:
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusion.--The term `cellulosic
biofuel' does not include any renewable fuel
derived from a corn kernel-based feedstock.''.
SEC. 4. RENEWABLE BIOMASS.
(a) Prohibition on Invasive Species.--Section 211(o)(1)(I) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended--
(1) by redesignating clauses (i) through (vii) as
subclauses (I) through (VII), respectively, and indenting the
subclauses appropriately;
(2) in the matter preceding subclause (I) (as so
redesignated), by striking ``The term'' and inserting the
following:
``(i) In general.--The term''; and
(3) by adding at the end the following:
``(ii) Exclusion.--The term `renewable
biomass' does not include any species or
variety of plant that, as determined by the
Secretary of Agriculture, in consultation with
other appropriate Federal and State agencies,
is--
``(I) invasive;
``(II) noxious; or
``(III) potentially invasive, as
determined using--
``(aa) a credible risk
assessment tool; or
``(bb) any other credible
source.''.
(b) Ensuring Compliance.--
(1) Records.--The Administrator shall revise the
regulations promulgated pursuant to section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) to require that a domestic producer
of a crop-based renewable fuel shall meet the reporting and
records requirements specified in subsections (c) and (d) of
section 80.1454 of title 40, Code of Federal Regulations (or
successor regulations), to verify that feedstocks used by the
producer are renewable biomass.
(2) Annual analysis.--Section 211(o)(11) of the Clean Air
Act (42 U.S.C. 7545(o)(11)) is amended--
(A) in the paragraph heading, by inserting ``and
analyses'' after ``reviews'';
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting the clauses appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``To allow'' and inserting
the following:
``(A) In general.--To allow''; and
(D) by adding at the end the following:
``(B) Annual analysis of feedstocks and land.--
``(i) In general.--Not later than April 1
of each year, the Administrator, in conjunction
with the Secretary of Agriculture, shall
publish an analysis of the feedstocks and land
used during the preceding calendar year to
ensure compliance with this subsection,
including an analysis of, with respect to that
preceding calendar year--
``(I) the total domestic land area
used for commercial agricultural
production;
``(II) the total area planted to
produce renewable biomass crops
(including corn and soy) used to
generate credits under this subsection;
``(III) the total area reported to
the Department of Agriculture to be
`new breakings', including a
description of--
``(aa) the number of acres
that were previously--
``(AA) wetlands,
pasture, rangeland, or
grasslands enrolled in
the conservation
reserve program
established under
subchapter B of chapter
1 of subtitle D of
title XII of the Food
Security Act of 1985
(16 U.S.C. 3831 et
seq.); or
``(BB) other
sensitive land; and
``(bb) the crops planted on
those acres;
``(IV) the likelihood that
renewable fuels were produced from
feedstocks that do not qualify as
renewable biomass;
``(V) the number, scope, and
outcomes of any enforcement actions
carried out by the Administrator in
response to noncompliance with the
reporting and recordkeeping
requirements of this subsection; and
``(VI) any documented case in which
a credit was generated pursuant to this
subsection for a fuel that is not
considered to be renewable biomass.
``(ii) Authorization of appropriations.--
There are authorized to be appropriated to the
Administrator and the Secretary of Agriculture
such sums as are necessary for each fiscal year
to carry out this subparagraph.''.
SEC. 5. STRENGTHENING ENVIRONMENTAL STANDARDS.
(a) Elimination of Grandfather Clause.--
(1) In general.--Section 211(o)(2)(A)(i) of the Clean Air
Act (42 U.S.C. 7545(o)(2)(A)(i)) is amended, in the second
sentence, by striking ``, in the case of any such renewable
fuel produced from new facilities that commence construction
after the date of enactment of this sentence,''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on January 1, 2021.
(b) Elimination of Modifications to Greenhouse Gas Reduction
Percentages.--
(1) In general.--Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (12) as
paragraphs (4) through (11), respectively.
(2) Conforming amendments.--Section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)) is amended--
(A) in paragraph (2)(A)(ii)(II)(cc), by striking
``paragraph (5)'' and inserting ``paragraph (4)'';
(B) in paragraph (3)(C)(ii), by striking
``paragraph (9)'' and inserting ``paragraph (8)'';
(C) in subparagraph (A)(iii) of paragraph (4) (as
redesignated by paragraph (1)(B)), by striking
``paragraph (9)(C)'' and inserting ``paragraph
(8)(C)'';
(D) in subparagraph (D)(ii) of paragraph (7) (as
redesignated by paragraph (1)(B)), by striking
``paragraph (7)'' and inserting ``paragraph (6)''; and
(E) in subparagraph (C) of paragraph (8) (as
redesignated by paragraph (1)(B)), by striking
``paragraph (5)'' and inserting ``paragraph (4)''.
SEC. 6. APPLICABLE VOLUMES; SUNSET.
(a) In General.--Section 211(o)(2) of the Clean Air Act (42 U.S.C.
7545(o)(2)) is amended by striking subparagraph (B) and inserting the
following:
``(B) Applicable volumes; sunset.--
``(i) Conventional biofuel.--For purposes
of subparagraph (A), the applicable volume of
renewable fuel that is not cellulosic biofuel,
biomass-based diesel, or any other advanced
biofuel shall be--
``(I) for calendar year 2020,
15,000,000,000 gallons;
``(II) for calendar year 2021,
15,000,000,000 gallons;
``(III) for calendar year 2022,
15,000,000,000 gallons;
``(IV) for calendar year 2023,
15,000,000,000 gallons;
``(V) for calendar year 2024,
13,000,000,000 gallons;
``(VI) for calendar year 2025,
11,000,000,000 gallons;
``(VII) for calendar year 2026,
9,000,000,000 gallons;
``(VIII) for calendar year 2027,
7,000,000,000 gallons;
``(IX) for calendar year 2028,
5,000,000,000 gallons;
``(X) for calendar year 2029,
3,000,000,000 gallons; and
``(XI) for calendar year 2030,
1,000,000,000 gallons.
``(ii) Cellulosic biofuel, biomass-based
diesel, and other advanced biofuel.--
``(I) In general.--Subject to
subclause (III), not later than March 1
of each calendar year, the
Administrator shall establish for the
calendar year that the applicable
volume of cellulosic biofuel, biomass-
based diesel, and advanced biofuel
(other than cellulosic biofuel and
biomass-based diesel) for purposes of
subparagraph (A) shall be equal to the
actual volume of cellulosic biofuel,
biomass-based diesel, or advanced
biofuel (other than cellulosic biofuel
and biomass-based diesel),
respectively, produced during the
preceding calendar year, as determined
under subclause (II).
``(II) Determination of actual
production.--
``(aa) In general.--Not
later than February 28 of each
calendar year, the
Administrator shall determine
the actual volume of cellulosic
biofuel, biomass-based diesel,
and advanced biofuel (other
than cellulosic biofuel and
biomass-based diesel) produced
during the preceding calendar
year, based on information from
the Moderated Transaction
System of the Environmental
Protection Agency.
``(bb) Mid-year review.--
Not later than September 1 of
each calendar year, the
Administrator shall adjust the
applicable volume requirement
under subclause (I) for the
calendar year for cellulosic
biofuel, biomass-based diesel,
or other advanced biofuel to
reflect any increase in
production during that calendar
year, based on information from
the Moderated Transaction
System.
``(III) Limitation.--
Notwithstanding any other provision of
this clause, the applicable volume of
biomass-based diesel or advanced
biofuel (other than biomass-based
diesel and cellulosic biofuel)
established pursuant to subclause (I)
for any calendar year shall not exceed
2,000,000,000 gallons.
``(iii) Limitation on virgin vegetable
oils.--
``(I) Definition of virgin
vegetable oil.--
``(aa) In general.--In this
clause, the term `virgin
vegetable oil' means any oil
pressed directly from a
harvested crop, including
soybean, canola, peanut, and
palm crops.
``(bb) Exclusion.--In this
clause, the term `virgin
vegetable oil' does not include
any recycled or waste oil, such
as--
``(AA) used cooking
oil; or
``(BB) any other
waste oil that is no
longer usable for human
or animal consumption.
``(II) Limitation.--For each
calendar year, not more than
1,000,000,000 gallons of biomass-based
diesel derived from a virgin vegetable
oil or a bioenergy production byproduct
that is suitable as animal feed may be
used to satisfy the applicable volume
of biomass-based diesel required under
this paragraph.
``(iv) Sunset.--
``(I) In general.--The requirement
under this paragraph that
transportation fuel sold or introduced
into commerce in the United States
(except in noncontiguous States or
territories), on an annual average
basis, shall contain at least an
applicable volume of any renewable fuel
that is not cellulosic biofuel shall
cease to apply on January 1, 2031.
``(II) Cellulosic biofuel.--The
requirement under this paragraph that
transportation fuel sold or introduced
into commerce in the United States
(except in noncontiguous States or
territories), on an annual average
basis, shall contain at least an
applicable volume of renewable fuel
that is cellulosic biofuel shall cease
to apply beginning on the earlier of--
``(aa) January 1, 2037; and
``(bb) January 1 of the
calendar year beginning after
the first calendar year during
which a total of not less than
2,000,000,000 gallons of
cellulosic biofuel is
produced.''.
(b) Conforming Amendments.--Section 211(o)(3) of the Clean Air Act
(42 U.S.C. 7545(o)(3)) is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(3) in subparagraph (A) (as so redesignated)--
(A) in clause (i)--
(i) by striking ``Not later than November
30 of each of calendar years 2005 through 2021,
based on the estimate provided under
subparagraph (A), the Administrator of the
Environmental Protection Agency'' and inserting
``Not later than March 1 of each calendar year,
the Administrator''; and
(ii) by striking ``the following'' and
inserting ``that''; and
(B) in clause (ii)(III), by striking ``subparagraph
(C)(i)'' and inserting ``subparagraph (B)(i)''; and
(4) in clause (i) of subparagraph (B) (as so redesignated),
by striking ``subparagraph (B)(ii)(I)'' and inserting
``subparagraph (A)(ii)(I)''.
SEC. 7. ALLEVIATING ETHANOL BLEND WALL.
Section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is
amended, in subparagraph (A) (as redesignated by section 6(b)(2)), by
adding at the end the following:
``(iii) Limitation.--
``(I) Introduction into commerce of
conventional biofuel.--
``(aa) In general.--
Notwithstanding paragraph
(2)(B), subject to item (bb),
the Administrator shall not
establish any renewable fuel
obligation for a calendar year
under this subsection that
would result, directly or
indirectly, in the introduction
into commerce in the United
States of a total volume of
conventional biofuel contained
in transportation fuel that is
greater than 9.7 percent of the
total volume of gasoline
projected to be sold or
introduced into commerce in the
United States for that calendar
year.
``(bb) Prioritization.--In
carrying out this subparagraph,
the Administrator shall give
priority to the consumption of
commercially available ethanol
that is cellulosic biofuel
before the consumption of
conventional biofuel.
``(II) Applicability.--The
limitation under subclause (I) shall
apply without regard to the available
supply of credits generated during any
preceding calendar year pursuant to
paragraph (4).
``(III) EIA estimate.--
``(aa) In general.--For
purposes of subclause (I), for
each calendar year, the
Administrator shall request
from the Administrator of the
Energy Information
Administration, and use without
alteration, an estimate of the
total volume of gasoline
projected to be sold or
introduced into commerce in the
United States during that
calendar year.
``(bb) Requirement.--The
Administrator of the Energy
Information Administration
shall provide to the
Administrator each estimate
requested pursuant to item (aa)
relating to a calendar year by
not later than February 28 of
that calendar year.''.
SEC. 8. CELLULOSIC BIOFUEL CREDITS.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended,
in paragraph (4) (as redesignated by section 5(b)(1)(B))--
(1) in subparagraph (C)--
(A) by striking ``A credit'' and inserting the
following:
``(i) In general.--Subject to clause (ii),
a credit''; and
(B) by adding at the end the following:
``(ii) Cellulosic biofuel credits.--
Notwithstanding clause (i), a cellulosic
biofuel credit generated pursuant to this
paragraph shall be valid to demonstrate
compliance with paragraph (2) for--
``(I) the calendar year during
which the credit is generated; and
``(II) the following calendar
year.''; and
(2) by adding at the end the following:
``(F) No limitation on generation of cellulosic
biofuel credits.--The regulations promulgated pursuant
to paragraph (2)(A) shall provide that the number of
cellulosic biofuel credits that may be generated for
any calendar year pursuant to this paragraph shall not
be limited to the applicable volume determined under
paragraph (2)(B) of cellulosic biofuel for that
year.''.
SEC. 9. WAIVERS.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended,
in paragraph (6) (as redesignated by section 5(b)(1)(B))--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``may waive'' and inserting ``shall waive''; and
(B) in clause (i), by inserting ``, independently
or in conjunction with other factors,'' after
``implementation of the requirement''; and
(2) by striking subparagraphs (D) through (F).
SEC. 10. LAND TENURE.
(a) Approval of Renewable Fuel Pathway.--In determining whether to
approve a renewable fuel pathway for purposes of the renewable fuel
program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)),
the Administrator--
(1) shall take into consideration the risk that production
of an applicable feedstock for the pathway will contribute to
the acquisition of land in a manner that violates the land
tenure rights of any individual or community; and
(2) shall not approve such a feedstock or pathway if, based
on the consideration under paragraph (1), the Administrator
determines that there exists a significant risk described in
that paragraph.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Administrator, in consultation with the Secretary of
Agriculture and the Administrator of the United States Agency for
International Development, shall publish a report that describes the
impact of the renewable fuel program under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) on--
(1) domestic farm ownership consolidation; and
(2) global land acquisition, including the acquisition of
land in a manner that violates the land tenure rights of any
individual or community.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 11. COMPREHENSIVE ASSESSMENT OF IMPLICATIONS ON USE OF MID-LEVEL
ETHANOL BLENDS.
(a) Definition of Mid-Level Ethanol Blend.--In this section, the
term ``mid-level ethanol blend'' means an ethanol-gasoline blend that--
(1) contains more than 10, but not more than 20, percent
ethanol by volume; and
(2) is intended to be used in any conventional, gasoline-
powered--
(A) onroad, nonroad, or marine engine; or
(B) onroad or nonroad vehicle.
(b) Assessment.--
(1) In general.--The Administrator, acting through the
Assistant Administrators of the Office of Research and
Development and the Office of Air and Radiation, shall--
(A) not later than 45 days after the date of
enactment of this Act, enter into an agreement with the
National Academy of Sciences under which the Academy
shall provide to the Assistant Administrators, by not
later than 18 months after that date of enactment, a
comprehensive assessment of the scientific and
technical research regarding the implications of the
use of mid-level ethanol blends, as compared to the use
of gasoline blends containing 10 percent or 0 percent
ethanol, in accordance with paragraph (2); and
(B) not later than 30 days after the date of
receipt of the results of the assessment under
subparagraph (A), submit to the Committees on Science,
Space, and Technology and Energy and Commerce of the
House of Representatives and the Committee on
Environment and Public Works of the Senate a report
describing the findings of the assessment, together
with a statement describing the agreement or
disagreement of the Assistant Administrators with each
finding.
(2) Contents.--The assessment under paragraph (1)(A) shall
include each of the following:
(A) An evaluation of the short- and long-term
environmental, safety, durability, and performance
effects of the introduction of mid-level ethanol blends
on onroad, nonroad, and marine engines, onroad and
nonroad vehicles, and related equipment--
(i) taking into consideration--
(I) the impacts of mid-level
ethanol blends or blends with higher
ethanol concentrations as certification
fuels; and
(II) the effect of mid-level
ethanol blends on emissions of carbon
dioxide, taking into consideration such
emissions from the lifecycle production
of the mid-level ethanol blends, as
compared to gasoline blends containing
10 percent or 0 percent ethanol; and
(ii) including--
(I) a review of all available
scientific evidence, including all
relevant government and industry data
and testing, including data relied on
by the Administrator, as contained in--
(aa) the notice entitled
``Partial Grant and Partial
Denial of Clean Air Act Waiver
Application Submitted by Growth
Energy To Increase the
Allowable Ethanol Content of
Gasoline to 15 Percent;
Decision of the Administrator''
(75 Fed. Reg. 68094 (November
4, 2010));
(bb) the notice entitled
``Partial Grant of Clean Air
Act Waiver Application
Submitted by Growth Energy To
Increase the Allowable Ethanol
Content of Gasoline to 15
Percent; Decision of the
Administrator'' (76 Fed. Reg.
4662 (January 26, 2011)); and
(cc) the final rule of the
Administrator entitled
``Regulation To Mitigate the
Misfueling of Vehicles and
Engines With Gasoline
Containing Greater Than Ten
Volume Percent Ethanol and
Modifications to the
Reformulated and Conventional
Gasoline Programs'' (76 Fed.
Reg. 44406 (July 25, 2011));
and
(II) an identification of gaps in
understanding and research needs
relating to--
(aa) tailpipe emissions;
(bb) evaporative emissions;
(cc) engine and fuel system
durability;
(dd) onboard diagnostics;
(ee) emissions inventory
and other modeling effects;
(ff) materials
compatibility;
(gg) operability and
drivability;
(hh) fuel efficiency;
(ii) fuel economy;
(jj) consumer education and
satisfaction;
(kk) cost-effectiveness for
consumers;
(ll) catalyst durability;
(mm) durability of storage
tanks, piping, and dispensers
for retail use;
(nn) lifecycle greenhouse
gas emissions of EO, E10, E15,
and E85 ethanol blends; and
(oo) smog formation.
(B) An identification of areas of research,
development, and testing necessary--
(i) to ensure that existing motor fuel
infrastructure is not adversely impacted by
mid-level ethanol blends, including an
examination of the potential impacts of mid-
level ethanol blends on metal, plastic, rubber,
or any other materials used in pipes or storage
tanks; and
(ii) to reduce the risk of misfueling by
users at various points in the distribution and
supply chains, including at bulk storage,
retail storage, and distribution
configurations, through an assessment of--
(I) the best methods and practices
to prevent misfueling;
(II) misfueling mitigation
strategies for blender pumps,
including--
(aa) volumetric purchase
requirements; and
(bb) labeling requirements;
(III) the adequacy of misfueling
mitigation plans approved by the
Environmental Protection Agency; and
(IV) the technical standards and
recommendations regarding fuel pump
labeling of--
(aa) the National Institute
of Standards and Technology;
(bb) the American National
Standards Institute; and
(cc) the International
Organization for
Standardization.
(c) Clarification of Reid Vapor Pressure Waiver.--Section 211(h)(4)
of the Clean Air Act (42 U.S.C. 7545(h)(4)) is amended, in the matter
preceding subparagraph (A), by inserting ``not more than'' before ``10
percent''.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 12. FEES; PRIVATE LAND PROTECTION AND RESTORATION FUND.
(a) Fees.--
(1) Assessment and collection.--Not later than 90 days
after the date of enactment of this Act, the Administrator
shall establish--
(A) a one-time fee of $0.10 per credit generated
pursuant to paragraph (4) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)) (as redesignated by
section 5(b)(1)(B)), to be assessed at the time the
credit is used to comply with the requirements of that
section; and
(B) procedures for the assessment and payment of
the fee.
(2) Deposits.--Any fee assessed and paid pursuant to
paragraph (1) shall be deposited in the Private Land Protection
and Restoration Fund established by subsection (b)(1).
(b) Private Land Protection and Restoration Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Private Land
Protection and Restoration Fund'' (referred to in this
subsection as the ``Fund'').
(2) Amounts.--The Fund shall consist of--
(A) amounts deposited in the Fund under subsection
(a)(2); and
(B) any amounts appropriated to the Fund.
(3) Expenditures.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Fund shall be available, without
appropriation, to the Secretary of the Interior, acting
in consultation with the Secretary of Agriculture, for
existing programs, the purposes of which are to
protect, conserve, or restore the types of habitat and
wildlife that are most impacted by the conversion of
native habitat to crop production, including
grasslands, wetlands, forests, and adjacent waterways
in areas that have experienced significant expansion of
corn and soy production since January 1, 2007.
(B) Limitation.--Of the amounts in the Fund, not
more than 30 percent may be used during any calendar
year for existing programs described in subparagraph
(A) that provide grants to States to carry out the
purposes described in that subparagraph.
(4) Prohibition on land acquisition.--
(A) In general.--The Secretary of the Interior, in
consultation with the Secretary of Agriculture, may not
use amounts in the Fund to purchase or otherwise
acquire land.
(B) Effect of paragraph.--Nothing in this paragraph
prevents the Secretary of the Interior, in consultation
with the Secretary of Agriculture, from establishing a
conservation easement with a private landowner.
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