[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2390 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2390

To amend the Clean Air Act to create additional opportunities for small 
 refineries to generate credits under the Renewable Fuel Program, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

  Ms. Lummis 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 create additional opportunities for small 
 refineries to generate credits under the Renewable Fuel Program, 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 ``Small Refinery Relief Act of 2023''.

SEC. 2. GENERATION OF CREDITS BY SMALL REFINERIES UNDER THE RENEWABLE 
              FUEL PROGRAM.

    (a) In General.--Section 211(o)(9) of the Clean Air Act (42 U.S.C. 
7545(o)(9)) is amended by adding at the end the following:
                    ``(E) Credit generation and renewable volume 
                obligation calculation for small refineries.--
                            ``(i) Credit generation.--
                                    ``(I) In general.--A small refinery 
                                shall, for purposes of complying with 
                                paragraph (2), generate credits under 
                                paragraph (5) at the following rates:
                                            ``(aa) For renewable fuel, 
                                        1.5 credits shall be generated 
                                        for each gallon of gasoline 
                                        blended with ethanol.
                                            ``(bb) For biomass-based 
                                        diesel, 2.0 credits shall be 
                                        generated for each gallon of 
                                        diesel blended with biodiesel.
                                    ``(II) Blending locations.--For 
                                purposes of the credit generation 
                                described in items (aa) and (bb) of 
                                subclause (I), blending may occur at--
                                            ``(aa) the small refinery; 
                                        or
                                            ``(bb) any downstream 
                                        corporate affiliate of the 
                                        small refinery that has the 
                                        necessary blending 
                                        infrastructure.
                            ``(ii) Renewable volume obligations.--
                                    ``(I) In general.--The 
                                Administrator shall revise subpart M of 
                                part 80 of title 40, Code of Federal 
                                Regulations (or successor regulations), 
                                to require that the annual renewable 
                                volume obligation for a small refinery 
                                under that subpart shall be calculated 
                                based on 50 percent of the annual 
                                gasoline production and 30 percent of 
                                the annual diesel production of the 
                                small refinery.
                                    ``(II) Excess blending.--Any 
                                blending in excess of the annual 
                                renewable volume obligation for a small 
                                refinery described in subclause (I) 
                                shall generate credits that may be used 
                                for compliance or sale in accordance 
                                with the generation rates described in 
                                items (aa) and (bb) of clause 
                                (i)(I).''.
    (b) Conforming Amendment.--Section 211(o)(5)(A)(iii) of the Clean 
Air Act (42 U.S.C. 7545(o)(5)(A)(iii)) is amended by striking 
``paragraph (9)(C)'' and inserting ``subparagraphs (C) and (E)(i) of 
paragraph (9)''.
                                 <all>