Title II — Renewable fuels

H.R. 4690 · 116th Congress · Oct 16, 2019 · Lineage

II Renewable fuels

A Renewable fuel program

Sec. 201 Updates and revisions to regulations

(a)

Regulations—

(1)

Addition of conventional biofuel— Clause (i) of section 211(o)(2)(A) of the Clean Air Act (42 U.S.C. 7545(o)(2)(A)) is amended to read as follows:

“(i) In general—The Administrator shall by regulation require—

“(I) transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains at least the applicable volume of renewable fuel, advanced biofuel, cellulosic biofuel, conventional biofuel, and biomass-based diesel, determined in accordance with subparagraph (B); and

“(II) renewable fuel produced from facilities that commenced construction after December 19, 2007 (the date of enactment of the Energy Independence and Security Act of 2007), achieves at least a 20-percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions.”

(2)

Conforming amendments—

(A)

Section 211(o)(2)(A) of the Clean Air Act (42 U.S.C. 7545(o)(2)(A)) is amended by striking clause (iv).

(B)

Subparagraph (A) of section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)(A)) is amended by striking “the last sentence of”.

(C)

Subparagraph (E) of section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)(E)) is amended by striking “the last sentence of”.

(b)

Applicable volume of conventional biofuel— Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended to by adding at the end the following:

“(V) Conventional biofuel

“(aa) In general—For the purpose of subparagraph (A), of the volume of renewable fuel required under subclause (I), the applicable volume of conventional biofuel for the calendar years 2020 through 2022 shall be determined in accordance with the following table:

“(bb) Applicability—This subclause shall cease to apply on January 1, 2023.”

(c)

Other calendar years—

(1)

In general— Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by striking clauses (ii) through (v) and inserting the following:

“(ii) Subsequent calendar years—For the purposes of subparagraph (A), the applicable volumes of advanced biofuel, cellulosic biofuel, and biomass-based diesel for each of calendar years 2023 through 2032 shall be—

“(I) determined by the Administrator not later than March 1 of such calendar year; and

“(II) subject to adjustment pursuant to the mid-year review under clause (iv)(II), equal to the actual volume of advanced biofuel, cellulosic biofuel, or biomass-based diesel, respectively, produced during the preceding calendar year, as determined under clause (iv)(I).

“(iii) Special rule for subsequent calendar years for biomass-based diesel—The applicable volume of biomass-based diesel for each of calendar years 2020 through 2022 shall be determined in accordance with this subparagraph, as in effect on the day before the date of enactment of the 21st Century Transportation Fuels Act.

“(iv) Determination of actual production

“(I) In general—Not later than February 28 of a calendar year described in clause (ii), the Administrator shall, based on information from the Moderated Transaction System, determine—

“(aa) the actual volume produced during the preceding calendar year of advanced biofuel; and

“(bb) of such actual volume, the actual volume of each of cellulosic biofuel, biomass-based diesel, and other advanced biofuel.

“(II) Mid-year review—Not later than September 1 of each calendar year described in clause (ii), the Administrator shall adjust the applicable volume requirement under clause (ii) for the calendar year for advanced biofuel, cellulosic biofuel, or biomass-based diesel to reflect any increase in production during that calendar year, based on information from the Moderated Transaction System.”

(2)

Conforming definition— Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended—

(A)

by redesignating subparagraphs (I) through (L) as subparagraphs (J) through (M), respectively; and

(B)

by inserting, after subparagraph (H), the following:

“(I) Moderated Transaction System—The term Moderated Transaction System means—

“(i) the EPA Moderated Transaction System as defined in section 80.1401 of title 40, Code of Federal Regulations (or successor regulations); or

“(ii) any successor system.”

(d)

Definition of renewable biomass— Subparagraph (J) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as redesignated by subsection (c)(2) of this section, is amended—

(1)

in clause (i), by striking “at any time prior to the enactment of this sentence”;

(2)

by amending clause (ii) to read as follows:

“(ii) Trees and tree residue from land, including land belonging to an Indian tribe or an Indian individual that is held in trust by the United States or subject to a restriction against alienation imposed by the United States.”

(3)

in clause (iv), by striking “non-federal”.

Sec. 202 Waivers

Subject to section 203(c) of this Act, section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended—

(1)

in subparagraph (A), by striking “the national quantity of renewable fuel” and inserting “the national quantity of advanced biofuel, cellulosic biofuel, or biomass-based diesel”; and

(2)

by striking subparagraphs (D), (E), and (F).

Sec. 203 Applicability

(a)

Applicable calendar years— Except as provided in subsections (b) through (e), the amendments made by this subtitle apply with respect to calendar year 2020 and subsequent calendar years. Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)), as in effect on the day before the date of enactment of this Act, shall continue to apply with respect to calendar years before calendar year 2020.

(b)

Regulations— The Administrator of the Environmental Protection Agency shall—

(1)

not later than 180 days after the date of enactment of this Act, shall promulgate the regulations required by paragraph (2)(A)(i) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)), as amended by section 201 of this Act, respecting the requirements under such section 211(o) applicable for calendar years 2020, 2021, and 2022; and

(2)

not later than January 1, 2021, shall promulgate the regulations required by such paragraph (2)(A)(i) respecting the requirements under such section 211(o) applicable for calendar year 2023 and subsequent calendar years.

(c)

Waiver authority— The amendments made by section 202 of this Act to section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) shall take effect on January 1, 2023.

(d)

Definition— The amendment made by section 201(d) of this Act to subparagraph (J) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as redesignated by section 201(c)(2) of this Act, shall take effect on the date of enactment of this Act.

(e)

Repeals— Effective January 1, 2033, subsections (o), (q), and (v) of section 211 of the Clean Air Act (42 U.S.C. 7545) are repealed.

Sec. 204 State ethanol laws

(a)

In general— No State or political subdivision of a State may prohibit or require any particular blend, concentration, or percentage of ethanol in any automotive fuel.

(b)

Exception— This section does not restrict the authority of a State or political subdivision of a State to continue to enforce any such prohibition or requirement in effect prior to the date of enactment of this Act.

B Ethanol waivers

Sec. 211 Reid vapor pressure

(a)

Reid vapor pressure limitation— Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is amended—

(1)

in paragraph (4)—

(A)

in the matter preceding subparagraph (A), by inserting “or more” after “10 percent”; and

(B)

in subparagraph (C), by striking “additional alcohol or”; and

(2)

in paragraph (5)(A), by inserting “or more” after “10 percent”.

(b)

Existing waivers— Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) is amended—

(1)

by striking “The Administrator, upon” and inserting “(A) The Administrator, upon”; and

(2)

by adding at the end the following:

“(B) A fuel or fuel additive with respect to which a waiver has been granted in accordance with subparagraph (A) prior to January 1, 2017, and that meets all of the conditions of that waiver, other than the waiver’s limits for Reid vapor pressure, may be introduced into commerce if the fuel or fuel additive meets all other applicable Reid vapor pressure requirements.”

Sec. 212 E20

Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), as amended by section 211(b) of this Act, is further amended by adding at the end the following:

“(C) The Administrator shall grant a waiver in accordance with subparagraph (A) with respect to a fuel with a concentration of ethanol that is—

“(i) not more than 20 percent; and

“(ii) more than 15 percent.”

C Fueling infrastructure

Sec. 221 Performance standards for new E20 infrastructure

Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the following:

“(k) E20 retail dispenser systems

“(1) In general—The Administrator shall, not later than 1 year prior to the effective date specified in paragraph (3), issue or revise, as necessary, performance standards for dispenser systems described in paragraph (2) to require that such dispenser systems be compatible with automotive fuel with a concentration of up to and including 20 percent ethanol by volume.

“(2) Dispenser systems—This subsection applies with respect to dispenser systems that are—

“(A) on or after the effective date specified in paragraph (3), brought into use to dispense at retail automotive fuel from an underground storage tank; and

“(B) subject to regulation under sections 1910.106 and 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this subsection).

“(3) Effective date—Standards issued or revised pursuant to paragraph (1) shall take effect on the later of—

“(A) January 1, 2023; and

“(B) the date on which the Administrator first grants a waiver pursuant to section 211(f)(4)(C) of the Clean Air Act.

“(4) Definitions—In this subsection:

“(A) Automotive fuel—The term automotive fuel has the meaning given such term in section 201(6) of the Petroleum Marketing Practices Act (15 U.S.C. 2821(6)).

“(B) Compatible; dispenser system—The terms compatible and dispenser system have the meaning given such terms in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection).”