II 

111TH CONGRESS 

1ST SESSION S. 1095 

To amend the Clean Air Act to convert the renewable fuel standard into 

a low-carbon fuel standard, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. WYDEN 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 convert the renewable fuel 

standard into a low-carbon fuel standard, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘America’s Low-Carbon 

5 Fuel Standard Act of 2009’’. 

6 SEC. 2. LOW-CARBON FUEL PROGRAM. 

7 (a) IN GENERAL.—Section 211 of the Clean Air Act 

8 (42 U.S.C. 7545) is amended by striking subsection (o) 

9 and inserting the following: 

10 ‘‘(o) LOW-CARBON FUEL PROGRAM.— 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) BASELINE LIFECYCLE GREENHOUSE

3 GAS EMISSIONS.—The term ‘baseline lifecycle 

4 greenhouse gas emissions’ means the average 

5 lifecycle greenhouse gas emissions, as deter6 mined by the Administrator, after notice and 

7 opportunity for comment, for transportation 

8 fuel sold or distributed as transportation fuel in 

9 2005. 

10 ‘‘(B) LIFECYCLE GREENHOUSE GAS EMIS11 SIONS.—The term ‘lifecycle greenhouse gas 

12 emissions’ means the aggregate quantity of 

13 greenhouse gas emissions (including direct 

14 emissions and significant indirect emissions 

15 such as significant emissions from land use 

16 changes), as determined by the Administrator, 

17 related to the full fuel lifecycle, including all 

18 stages of fuel and feedstock production and dis19 tribution, from feedstock generation or extrac20 tion through the distribution and delivery and 

21 use of the finished fuel to the ultimate con22 sumer, where the mass values for all green23 house gases are adjusted to account for their 

24 relative global warming potential. 


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1 ‘‘(C) LOW-CARBON FUEL.—The term ‘low2 carbon fuel’ means transportation fuel (includ3 ing renewable fuel, electricity, hydrogen, and 

4 other forms of energy) that has lifecycle green5 house gas emissions, as determined by the Ad6 ministrator, after notice and opportunity for 

7 comment, that on annual average basis are 

8 equal to at least the following percentage less 

9 than baseline lifecycle greenhouse gas emissions 

10 determined in accordance with the following 

11 table: 

‘‘Calendar year: Applicable percentage less 

than baseline lifecycle 

greenhouse gas emissions: 

2015 ............................................................................................. 20.0

2016 ............................................................................................. 21.5

2017 ............................................................................................. 23.0

2018 ............................................................................................. 24.5

2019 ............................................................................................. 26.0

2020 ............................................................................................. 27.5

2021 ............................................................................................. 29.0

2022 ............................................................................................. 30.5

2023 ............................................................................................. 32.0

2024 ............................................................................................. 33.5

2025 ............................................................................................. 35.0

2026 ............................................................................................. 36.5

2027 ............................................................................................. 38.0

2028 ............................................................................................. 39.5

2029 ............................................................................................. 41.0

2030 ............................................................................................. 42.5

2031 and thereafter ..................................................................... Percentage 

determined under 

paragraph (2)(B)(ii). 

12 ‘‘(D) RENEWABLE BIOMASS.—The term 

13 ‘renewable biomass’ means each of the fol14 lowing: 


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1 ‘‘(i) Planted crops and crop residue 

2 harvested from agricultural land cleared or 

3 cultivated at any time prior to December 

4 19, 2007, that is either actively managed 

5 or fallow, and nonforested. 

6 ‘‘(ii) Planted trees, bioenergy crops, 

7 and tree residue from actively managed 

8 tree plantations on non-Federal land 

9 cleared at any time prior to December 19, 

10 2007, including land belonging to an In11 dian tribe or an Indian individual, that is 

12 held in trust by the United States or sub13 ject to a restriction against alienation im14 posed by the United States. 

15 ‘‘(iii) Slash, brush, and those trees 

16 that are byproducts of ecological restora17 tion, disease or insect infestation control, 

18 or hazardous fuels reduction treatments 

19 and do not exceed the minimum size stand20 ards for sawtimber, harvested— 

21 ‘‘(I) in ecologically sustainable 

22 quantities, as determined by the ap23 propriate Federal land manager; and 

24 ‘‘(II) from National Forest Sys25 tem land or public land (as defined in 


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1 section 103 of the Federal Land Pol2 icy and Management Act of 1976 (43 

3 U.S.C. 1702)), other than— 

4 ‘‘(aa) components of the Na5 tional Wilderness Preservation 

6 System; 

7 ‘‘(bb) wilderness study 

8 areas; 

9 ‘‘(cc) inventoried roadless 

10 areas; 

11 ‘‘(dd) old growth or late suc12 cessional forest stands unless bio13 mass from the stand is harvested 

14 as a byproduct of an ecological 

15 restoration treatment that fully 

16 maintains, or contributes toward 

17 the restoration of, the structure 

18 and composition of an old growth 

19 forest stand taking into account 

20 the contribution of the stand to 

21 landscape fire adaptation and 

22 watershed health, and retaining 

23 large trees contributing to old24 growth structure; 


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1 ‘‘(ee) components of the Na2 tional Landscape Conservation 

3 System; and 

4 ‘‘(ff) National Monuments. 

5 ‘‘(iv) Animal waste material and ani6 mal byproducts. 

7 ‘‘(v) Slash and pre-commercial 

8 thinnings that are from non-Federal 

9 forestland, including forestland belonging 

10 to an Indian tribe or an Indian individual, 

11 that are held in trust by the United States 

12 or subject to a restriction against alien13 ation imposed by the United States, but 

14 not forests or forestland that are ecological 

15 communities with a global or State ranking 

16 of critically imperiled, imperiled, or rare 

17 pursuant to a State Natural Heritage Pro18 gram, old growth forest, or late succes19 sional forest. 

20 ‘‘(vi) Biomass from land in any own21 ership obtained from the immediate vicin22 ity of buildings and other areas regularly 

23 occupied by people, or of public infrastruc24 ture, at risk from wildfire. 

25 ‘‘(vii) Algae. 


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1 ‘‘(viii) Municipal solid waste, including 

2 separated yard waste or food waste, includ3 ing recycled cooking and trap grease. 

4 ‘‘(E) RENEWABLE FUEL.—The term ‘re5 newable fuel’ means fuel that is— 

6 ‘‘(i) produced from renewable bio7 mass; and 

8 ‘‘(ii) used to replace or reduce the 

9 quantity of fossil fuel present in a trans10 portation fuel. 

11 ‘‘(F) TRANSPORTATION FUEL.—The term 

12 ‘transportation fuel’ means fuel for use in 

13 motor vehicles, motor vehicle engines, or 

14 nonroad vehicles (except for ocean-going ves15 sels). 

16 ‘‘(2) PROGRAM.— 

17 ‘‘(A) REGULATIONS.— 

18 ‘‘(i) IN GENERAL.—Not later than 

19 January 31, 2015, the Administrator shall 

20 promulgate regulations to ensure that the 

21 applicable percentage determined under 

22 subparagraph (B) of the transportation 

23 fuel sold or introduced into commerce in 

24 the United States, on an annual average 

25 basis, is low-carbon fuel. 


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1 ‘‘(ii) PROVISIONS OF REGULATIONS.— 

2 Regardless of the date of promulgation, 

3 the regulations promulgated under clause 

4 (i)— 

5 ‘‘(I) shall contain compliance pro6 visions applicable to producers, refin7 ers, blenders, distributors, and im8 porters, as appropriate, to ensure that 

9 the requirements of this paragraph 

10 are met; but 

11 ‘‘(II) shall not— 

12 ‘‘(aa) restrict geographic 

13 areas in which low-carbon fuel 

14 may be used; or 

15 ‘‘(bb) impose any per-gallon 

16 obligation for the use of low-car17 bon fuel. 

18 ‘‘(B) APPLICABLE VOLUMES.— 

19 ‘‘(i) CALENDAR YEARS 2015 THROUGH

20 2030.—For the purpose of subparagraph 

21 (A), the applicable percentage of the trans22 portation fuel sold or introduced into com23 merce in the United States, on an annual 

24 average basis, that is low-carbon fuel for 

25 each of calendar years 2015 through 2030 


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1 shall be determined by the Administrator, 

2 in consultation with the Secretary of En3 ergy, in accordance with the following 

4 table: 

‘‘Calendar year: Applicable percentage of 

transportation fuel sold 

that is low-carbon fuel: 

2015 ............................................................................................. 10.0

2016 ............................................................................................. 11.5

2017 ............................................................................................. 13.0

2018 ............................................................................................. 14.5

2019 ............................................................................................. 16.0

2020 ............................................................................................. 17.5

2021 ............................................................................................. 19.0

2022 ............................................................................................. 20.5

2023 ............................................................................................. 22.0

2024 ............................................................................................. 23.5

2025 ............................................................................................. 25.0

2026 ............................................................................................. 26.5

2027 ............................................................................................. 28.0

2028 ............................................................................................. 29.5

2029 ............................................................................................. 31.0

2030 ............................................................................................. 32.5. 

5 ‘‘(ii) SUBSEQUENT CALENDAR

6 YEARS.— 

7 ‘‘(I) IN GENERAL.—For the pur8 poses of subparagraph (A), the appli9 cable percentage of the transportation 

10 fuel sold or introduced into commerce 

11 in the United States (except in non12 contiguous States or territories), on 

13 an annual average basis, that is low14 carbon fuel for calendar year 2031 

15 and each subsequent calendar year 

16 shall be determined by the AdminisVerDate Nov 24 2008 01:42 May 22, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095

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1 trator, in consultation with the Sec2 retary of Energy, based on a review of 

3 the implementation of the program 

4 during calendar years specified in the 

5 tables established under this sub6 section, and an analysis of— 

7 ‘‘(aa) the impact of the pro8 duction and use of low-carbon 

9 fuel on the environment, includ10 ing on air quality, climate 

11 change, conversion of wetland, 

12 ecosystems, wildlife habitat, 

13 water quality, and water supply; 

14 ‘‘(bb) the impact of low-car15 bon fuel on the energy security of 

16 the United States; 

17 ‘‘(cc) the expected annual 

18 rate of future commercial produc19 tion of low-carbon fuel; 

20 ‘‘(dd) the impact of low-car21 bon fuel on the infrastructure of 

22 the United States, including de23 liverability of materials, goods, 

24 and products other than low-car25 bon fuel, and the sufficiency of 


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1 infrastructure to deliver and use 

2 low-carbon fuel; 

3 ‘‘(ee) the impact of the use 

4 of low-carbon fuel on the cost to 

5 consumers of transportation fuel 

6 and on the cost to transport 

7 goods; and 

8 ‘‘(ff) the impact of the use 

9 of low-carbon fuel on other fac10 tors, including job creation, the 

11 price and supply of agricultural 

12 commodities, rural economic de13 velopment, and food prices. 

14 ‘‘(II) DEADLINE.—The Adminis15 trator shall promulgate rules estab16 lishing the applicable volumes under 

17 this clause not later than 14 months 

18 before the first year for which the ap19 plicable percentage will apply. 

20 ‘‘(3) APPLICABLE PERCENTAGES.— 

21 ‘‘(A) PROVISION OF ESTIMATE OF VOL22 UMES OF GASOLINE SALES.—Not later than Oc23 tober 31 of each of calendar years 2005 

24 through 2021, the Administrator of the Energy 

25 Information Administration shall provide to the 


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1 Administrator of the Environmental Protection 

2 Agency an estimate, with respect to the fol3 lowing calendar year, of the volumes of trans4 portation fuel and low-carbon fuel projected to 

5 be sold or introduced into commerce in the 

6 United States. 

7 ‘‘(B) DETERMINATION OF APPLICABLE

8 PERCENTAGES.— 

9 ‘‘(i) IN GENERAL.—Not later than 

10 November 30 of each of calendar years 

11 2015 through 2029, based on the estimate 

12 provided under subparagraph (A), the Ad13 ministrator of the Environmental Protec14 tion Agency shall determine and publish in 

15 the Federal Register, with respect to the 

16 following calendar year, the low-carbon fuel 

17 obligation that ensures that the require18 ments of paragraph (2) are met. 

19 ‘‘(ii) REQUIRED ELEMENTS.—The 

20 low-carbon fuel obligation determined for a 

21 calendar year under clause (i) shall— 

22 ‘‘(I) be applicable to refineries, 

23 blenders, and importers, as appro24 priate; 


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1 ‘‘(II) be expressed in terms of a 

2 volume percentage of transportation 

3 fuel sold or introduced into commerce 

4 in the United States; and 

5 ‘‘(III) subject to subparagraph 

6 (C), consist of a single applicable per7 centage that applies to all categories 

8 of persons specified in subclause (I). 

9 ‘‘(C) ADJUSTMENTS.—In determining the 

10 applicable percentage for a calendar year, the 

11 Administrator shall make adjustments to pre12 vent the imposition of redundant obligations on 

13 any person specified in subparagraph (B)(ii)(I). 

14 ‘‘(4) MODIFICATION OF GREENHOUSE GAS RE15 DUCTION PERCENTAGES.— 

16 ‘‘(A) IN GENERAL.—In the regulations 

17 promulgated under paragraph (2)(A)(i), the Ad18 ministrator may adjust the required percentage 

19 reductions in lifecycle greenhouse gas emissions 

20 for low-carbon fuel to a lower percentage if the 

21 Administrator determines that generally the re22 duction is not commercially feasible for low-car23 bon fuel made using a variety of feedstocks, 

24 technologies, and processes to meet the applica25 ble reduction. 


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1 ‘‘(B) AMOUNT OF ADJUSTMENT.—In pro2 mulgating regulations under this paragraph, the 

3 specified percent reduction in greenhouse gas 

4 emissions from low-carbon fuel may not be re5 duced more than 10 percentage points below 

6 the percentage otherwise required under this 

7 subsection. 

8 ‘‘(C) ADJUSTED REDUCTION LEVELS.— 

9 ‘‘(i) IN GENERAL.—An adjustment in 

10 the percentage reduction in greenhouse gas 

11 levels shall be the minimum practicable ad12 justment for low-carbon fuel. 

13 ‘‘(ii) MAXIMUM ACHIEVABLE

14 LEVEL.—The adjusted greenhouse gas re15 duction shall be established at the max16 imum achievable level, taking cost in con17 sideration, allowing for the use of a variety 

18 of feedstocks, technologies, and processes. 

19 ‘‘(D) SUBSEQUENT ADJUSTMENTS.— 

20 ‘‘(i) IN GENERAL.—After the Admin21 istrator has promulgated a final rule under 

22 paragraph (2)(A)(i) with respect to the 

23 method of determining lifecycle greenhouse 

24 gas emissions, the Administrator may not 

25 adjust the percent greenhouse gas reducVerDate Nov 24 2008 01:42 May 22, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095

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1 tion levels unless the Administrator deter2 mines that there has been a significant 

3 change in the analytical basis used for de4 termining the lifecycle greenhouse gas 

5 emissions. 

6 ‘‘(ii) CRITERIA AND STANDARDS.—If 

7 the Administrator makes the determination 

8 that an adjustment is required, the Admin9 istrator may adjust the percent reduction 

10 levels through rulemaking using the cri11 teria and standards established under this 

12 paragraph. 

13 ‘‘(iii) 5-YEAR REVIEW.—If the Admin14 istrator makes any adjustment under this 

15 paragraph, not later than 5 years there16 after, the Administrator shall review and 

17 revise (based on the same criteria and 

18 standards as required for the initial adjust19 ment) the level as adjusted by the regula20 tions. 

21 ‘‘(5) CREDIT PROGRAM.— 

22 ‘‘(A) IN GENERAL.—The regulations pro23 mulgated under paragraph (2)(A) shall provide 

24 for the generation of an appropriate quantity of 

25 credits by any person that refines, blends, imVerDate Nov 24 2008 01:42 May 22, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095

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1 ports, or distributes transportation fuel that 

2 contains a quantity of low-carbon fuel that is 

3 greater than the quantity required under para4 graph (2). 

5 ‘‘(B) USE OF CREDITS.—A person that 

6 generates credits under subparagraph (A) may 

7 use the credits, or transfer all or a portion of 

8 the credits to another person, for the purpose 

9 of complying with paragraph (2). 

10 ‘‘(C) DURATION OF CREDITS.—A credit 

11 generated under this paragraph shall be valid to 

12 demonstrate compliance for the 12-month pe13 riod beginning on the date of generation. 

14 ‘‘(D) INABILITY TO GENERATE OR PUR15 CHASE SUFFICIENT CREDITS.—The regulations 

16 promulgated under paragraph (2)(A) shall in17 clude provisions allowing any person that is un18 able to generate or purchase sufficient credits 

19 to meet the requirements of paragraph (2) to 

20 carry forward a low-carbon fuel deficit on con21 dition that the person, in the calendar year fol22 lowing the year in which the low-carbon fuel 

23 deficit is created— 


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1 ‘‘(i) achieves compliance with the low2 carbon fuel requirement under paragraph 

3 (2); and 

4 ‘‘(ii) generates or purchases additional 

5 low-carbon fuel credits to offset the low6 carbon fuel deficit of the previous year. 

7 ‘‘(E) CREDITS FOR ADDITIONAL LOW-CAR8 BON FUEL.—The Administrator may promul9 gate regulations providing— 

10 ‘‘(i) for the generation of an appro11 priate quantity of credits by any person 

12 that refines, blends, imports, or distributes 

13 additional low-carbon fuel specified by the 

14 Administrator; and 

15 ‘‘(ii) for the use of the credits by the 

16 generator, or the transfer of all or a por17 tion of the credits to another person, for 

18 the purpose of complying with paragraph 

19 (2). 

20 ‘‘(6) WAIVERS.— 

21 ‘‘(A) IN GENERAL.—The Administrator, in 

22 consultation with the Secretary of Agriculture 

23 and the Secretary of Energy, may waive the re24 quirements of this subsection in whole or in 

25 part on petition by 1 or more States, by any 


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1 person subject to the requirements of this sub2 section, or by the Administrator on the Admin3 istrator’s own motion, by reducing the national 

4 percentage of low-carbon fuel required under 

5 paragraph (2)— 

6 ‘‘(i) based on a determination by the 

7 Administrator, after public notice and op8 portunity for comment, that implementa9 tion of the requirement would severely 

10 harm the economy or environment of a 

11 State, a region, or the United States; or 

12 ‘‘(ii) based on a determination by the 

13 Administrator, after public notice and op14 portunity for comment, that there is an in15 adequate domestic supply of low-carbon 

16 fuel. 

17 ‘‘(B) PETITIONS FOR WAIVERS.—The Ad18 ministrator, in consultation with the Secretary 

19 of Agriculture and the Secretary of Energy, 

20 shall approve or disapprove a petition for a 

21 waiver of the requirements of paragraph (2) not 

22 later than 90 days after the date on which the 

23 petition is received by the Administrator. 

24 ‘‘(C) TERMINATION OF WAIVERS.—A waiv25 er granted under subparagraph (A) shall termiVerDate Nov 24 2008 01:42 May 22, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1095.IS S1095

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1 nate after 1 year, but may be renewed by the 

2 Administrator after consultation with the Sec3 retary of Agriculture and the Secretary of En4 ergy and after public notice and opportunity for 

5 comment. 

6 ‘‘(D) MODIFICATION OF APPLICABLE PER7 CENTAGES.— 

8 ‘‘(i) IN GENERAL.—In the case of any 

9 table established under this subsection, if 

10 the Administrator waives at least 20 per11 cent of the applicable percentage require12 ment specified in the table for 2 consecu13 tive years, or at least 50 percent of the 

14 percentage requirement for a single year, 

15 the Administrator shall promulgate regula16 tions (not later than 1 year after issuing 

17 the waiver) that modify the applicable vol18 umes specified in the table concerned for 

19 all years following the final year to which 

20 the waiver applies, except that no such 

21 modification in applicable percentages shall 

22 be made for any year before calendar year 

23 2016. 

24 ‘‘(ii) ADMINISTRATION.—In promul25 gating the regulations, the Administrator 


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1 shall comply with the processes, criteria, 

2 and standards established under paragraph 

3 (2)(B)(ii). 

4 ‘‘(7) LOW-CARBON MARKET CONCENTRATION

5 ANALYSIS.— 

6 ‘‘(A) ANALYSIS.— 

7 ‘‘(i) IN GENERAL.—Not later than 

8 January 1, 2015, and annually thereafter, 

9 the Federal Trade Commission shall per10 form a market concentration analysis of 

11 the low-carbon fuel production, import, 

12 and distribution industries using the 

13 Herfindahl-Hirschman Index to determine 

14 whether there is sufficient competition 

15 among industry participants to avoid price16 setting and other anticompetitive behavior. 

17 ‘‘(ii) SCORING.—For the purpose of 

18 scoring under clause (i) using the 

19 Herfindahl-Hirschman Index, all mar20 keting arrangements among industry par21 ticipants shall be considered. 

22 ‘‘(B) REPORT.—Not later than December 

23 1, 2015, and annually thereafter, the Federal 

24 Trade Commission shall submit to Congress 

25 and the Administrator a report on the results 


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1 of the market concentration analysis performed 

2 under subparagraph (A)(i). 

3 ‘‘(8) PERIODIC REVIEWS.—To allow for the ap4 propriate adjustment of the requirements described 

5 in paragraph (2)(B), the Administrator shall con6 duct periodic reviews of— 

7 ‘‘(A) existing technologies; 

8 ‘‘(B) the feasibility of achieving compliance 

9 with the requirements; and 

10 ‘‘(C) the impacts of the requirements of 

11 this subsection on each individual and entity de12 scribed in paragraph (2). 

13 ‘‘(9) EFFECT ON OTHER PROVISIONS.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), nothing in this subsection, or regula16 tions promulgated under this subsection, affects 

17 the regulatory status of carbon dioxide or any 

18 other greenhouse gas, or expands or limits reg19 ulatory authority regarding carbon dioxide or 

20 any other greenhouse gas, for purposes of other 

21 provisions (including section 165) of this Act. 

22 ‘‘(B) ADMINISTRATION.—Subparagraph 

23 (A) shall not affect implementation and enforce24 ment of this subsection.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) takes effect on January 1, 2015. 

3 SEC. 3. TRANSITION PROVISIONS. 

4 (a) DEFINITIONS.—Section 211(o)(1) of the Clean 

5 Air Act (42 U.S.C. 7545(o)(1)) is amended— 

6 (1) by striking subparagraph (A) and inserting 

7 the following: 

8 ‘‘(A) ADDITIONAL RENEWABLE FUEL.— 

9 ‘‘(i) IN GENERAL.—The term ‘addi10 tional renewable fuel’ means fuel that— 

11 ‘‘(I) is— 

12 ‘‘(aa) produced from renew13 able biomass; or 

14 ‘‘(bb) low-carbon fuel; 

15 ‘‘(II) is used to replace or reduce 

16 the quantity of fossil fuel present in— 

17 ‘‘(aa) transportation fuel; 

18 ‘‘(bb) home heating oil; or 

19 ‘‘(cc) aviation jet fuel; and 

20 ‘‘(III) has lifecycle greenhouse 

21 gas emissions, as determined by the 

22 Administrator, after notice and oppor23 tunity for comment, that are at least 

24 20 percent less than baseline lifecycle 

25 greenhouse gas emissions.’’; 


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1 (2) by redesignating subparagraphs (I) through 

2 (L) as subparagraphs (J) through (M), respectively; 

3 and 

4 (3) by inserting after subparagraph (H) the fol5 lowing: 

6 ‘‘(I) LOW-CARBON FUEL.—The term ‘low7 carbon fuel’ means renewable fuel that has 

8 lifecycle greenhouse gas emissions, as deter9 mined by the Administrator, after notice and 

10 opportunity for comment, that are at least 20 

11 percent less than baseline lifecycle greenhouse 

12 gas emissions.’’. 

13 (b) CREDITS FOR ADDITIONAL RENEWABLE FUEL.— 

14 Section 211(o)(5) of the Clean Air Act (42 U.S.C. 

15 7545(o)(5)) is amended by striking subparagraph (A) and 

16 inserting the following: 

17 ‘‘(A) CREDITS FOR ADDITIONAL RENEW18 ABLE FUEL.— 

19 ‘‘(i) IN GENERAL.—Not later than 

20 180 days after the date of enactment of 

21 the America’s Low-Carbon Fuel Standard 

22 Act of 2009, the Administrator shall issue 

23 regulations providing— 

24 ‘‘(I) for the generation of an ap25 propriate quantity of credits by any 


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1 person that produces, refines, blends, 

2 or imports additional renewable fuels 

3 or low-carbon fuels specified by the 

4 Administrator; and 

5 ‘‘(II) for the use of the credits by 

6 the generator, or the transfer of all or 

7 a portion of the credits to another 

8 person, for the purpose of complying 

9 with paragraph (2). 

10 ‘‘(ii) INCREASED CREDIT.—For each 

11 of calendar years 2012 through 2014, the 

12 Administrator shall increase the amount of 

13 the credit provided under clause (i) in pro14 portion to the extent to which the lifecycle 

15 greenhouse gas emissions of the additional 

16 renewable fuel is less than baseline lifecycle 

17 greenhouse gas emissions.’’. 

Æ 


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