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