II 

110TH CONGRESS 

1ST SESSION S. 1297 

To amend the Clean Air Act to promote the use of advanced clean fuels 

that help reduce air and water pollution and protect the environment. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2007 

Mrs. BOXER (for herself, Ms. COLLINS, and Mr. LIEBERMAN) 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 promote the use of advanced 

clean fuels that help reduce air and water pollution and 

protect the environment. 

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 ‘‘Advanced Clean Fuels 

5 Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) oil used for transportation contributes sig9 nificantly to air pollution, including global warming 


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1 pollution, water pollution, and other adverse impacts 

2 on the environment; 

3 (2) to reduce dangerous air and water pollution 

4 and other adverse environmental impacts, the United 

5 States should increasingly rely on advanced clean 

6 fuels for transportation; 

7 (3) fuels vary considerably with respect to— 

8 (A) the potential impact of the fuels on air 

9 and water pollution based on the type and 

10 quantity of pollutants that result from the pro11 duction, distribution, and use of the fuel; and 

12 (B) the potential impact of the fuels on 

13 other aspects of the environment, including soil 

14 quality, land conservation, wildlife habitat, and 

15 water scarcity; and 

16 (4) it is urgent, necessary, and feasible to in17 crease the proportion of clean renewable fuels in the 

18 United States transportation fuel supply in a man19 ner that— 

20 (A) promotes environmental protection; 

21 (B) avoids environmental harm; and 

22 (C) is economically efficient. 

23 SEC. 3. DEFINITIONS. 

24 Section 211(o)(1) of the Clean Air Act (42 U.S.C. 

25 7545(o)(1)) is amended— 


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1 (1) by redesignating subparagraphs (A) through 

2 (D) as subparagraphs (C), (P), (L), and (M), re3 spectively; 

4 (2) by inserting before subparagraph (C) (as re5 designated by paragraph (1)) the following: 

6 ‘‘(A) ACADEMY.—The term ‘Academy’ 

7 means the National Academy of Sciences. 

8 ‘‘(B) ADVERSE LIFECYCLE IMPACT.—The 

9 term ‘adverse lifecycle impact’ means, with re10 spect to increases in the volume of renewable 

11 fuel sold or dispensed to consumers in the 

12 United States for a calendar year, that the in13 creases, as determined by the Administrator, 

14 would reasonably be anticipated— 

15 ‘‘(i) to result in an inconsistency or 

16 material interference with the implementa17 tion of or compliance with any Federal en18 vironmental law (including a regulation); 

19 ‘‘(ii) to result in a material increase 

20 in— 

21 ‘‘(I) air pollution, including glob22 al warming pollution; 

23 ‘‘(II) water pollution; or 

24 ‘‘(III) human exposure to pes25 ticides; 


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1 ‘‘(iii) to result in a substantial in2 crease in deforestation on a global or na3 tional scale; 

4 ‘‘(iv) to result in a substantial adverse 

5 effect on land conservation and wildlife 

6 habitat; 

7 ‘‘(v) to result in any other substantial 

8 adverse effect on the environment; 

9 ‘‘(vi) to result in a substantial adverse 

10 effect on food or feed production or prices, 

11 as determined in consultation with the Sec12 retary of Agriculture; 

13 ‘‘(vii) to result in a substantial ad14 verse effect on long-term agricultural pro15 ductivity, including effects on soils and 

16 water resources, as determined in consulta17 tion with the Secretary of Agriculture; or 

18 ‘‘(viii) not to increase the supply of 

19 clean, domestic energy;’’; 

20 (3) in subparagraph (C) (as redesignated by 

21 paragraph (1)), by striking clause (viii) and insert22 ing the following: 

23 ‘‘(viii) separated food waste, yard 

24 waste, and lawn debris recovered from mu25 nicipal solid waste.’’; 


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1 (4) by inserting after subparagraph (C) (as re2 designated by paragraph (1)) the following: 

3 ‘‘(D) CONVENTIONAL TRANSPORTATION

4 FUEL.—The term ‘conventional transportation 

5 fuel’ means any fossil-fuel-based transportation 

6 fuel used in the United States as of the date of 

7 enactment of the Advanced Clean Fuels Act of 

8 2007. 

9 ‘‘(E) ECOSYSTEM CONVERSION.—The term 

10 ‘ecosystem conversion’ means an alteration of 

11 an ecologically significant native habitat (in12 cluding modification of hydrology and dominant 

13 vegetative and other species) to an extent at 

14 which the native habitat no longer supports 

15 most dominant native species or ecological proc16 esses. 

17 ‘‘(F) FIREWISE ZONE.—The term ‘firewise 

18 zone’ means the immediate vicinity of a build19 ing or other area regularly occupied by individ20 uals, or any public infrastructure, that is at 

21 risk of wildfire. 

22 ‘‘(G) FUEL EMISSION BASELINE.—The 

23 term ‘fuel emission baseline’ means the average 

24 lifecycle greenhouse gas emissions per unit of 

25 energy of the fossil fuel component of convenVerDate Aug 31 2005 22:42 May 04, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297

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1 tional transportation fuels in commerce in the 

2 United States in calendar year 2008, as deter3 mined by the Administrator under paragraph 

4 (11). 

5 ‘‘(H) FUEL PROVIDER.— 

6 ‘‘(i) IN GENERAL.—The term ‘fuel 

7 provider’ means an obligated party (as de8 scribed in section 80.1106 of title 40, Code 

9 of Federal Regulations (or a successor reg10 ulation)). 

11 ‘‘(ii) INCLUSIONS.—The term ‘fuel 

12 provider’ includes, as the Administrator 

13 determines to be appropriate, an individual 

14 or entity that produces, blends, or imports 

15 gasoline or any other transportation fuel in 

16 commerce in, or into, the United States. 

17 ‘‘(I) GREENHOUSE GAS.—The term ‘green18 house gas’ means any of— 

19 ‘‘(i) carbon dioxide; 

20 ‘‘(ii) methane; 

21 ‘‘(iii) nitrous oxide; 

22 ‘‘(iv) hydrofluorocarbons; 

23 ‘‘(v) perfluorocarbons; and 

24 ‘‘(vi) sulfur hexafluoride. 


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1 ‘‘(J) LIFECYCLE GREENHOUSE GAS EMIS2 SIONS.—The term ‘lifecycle greenhouse gas 

3 emissions’ means, with respect to a transpor4 tation fuel, the aggregate quantity of green5 house gases emitted, directly or indirectly, dur6 ing production, feedstock production or extrac7 tion, distribution, marketing, and use of the 

8 transportation fuel, or waste disposal relating 

9 to the transportation fuel, as determined by the 

10 Administrator under paragraph (11)(B). 

11 ‘‘(K) NATIVE HABITAT.— 

12 ‘‘(i) IN GENERAL.—The term ‘native 

13 habitat’ means dynamic groupings of na14 tive plant and animal communities that— 

15 ‘‘(I) occur together on a land16 scape or in water; and 

17 ‘‘(II) are connected through— 

18 ‘‘(aa) similar ecological proc19 esses; 

20 ‘‘(bb) underlying environ21 mental features, such as geology; 

22 or 

23 ‘‘(cc) environmental gra24 dients, such as elevation. 


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1 ‘‘(ii) EXCLUSION.—The term ‘native 

2 habitat’ does not include land that is or 

3 has been under agricultural production.’’; 

4 (5) in clause (i) of subparagraph (L) (as redes5 ignated by paragraph (1)), by striking ‘‘The term’’ 

6 and inserting ‘‘Except as otherwise provided in this 

7 subsection, the term’’; 

8 (6) by inserting after subparagraph (M) (as re9 designated by paragraph (1)) the following: 

10 ‘‘(N) TECHNICALLY INFEASIBLE.—The 

11 term ‘technically infeasible’, with respect to 

12 compliance with a standard or requirement 

13 under this subsection, means that adequate 

14 technology or infrastructure is not reasonably 

15 anticipated to exist within a sufficient time to 

16 permit compliance with the standard or require17 ment. 

18 ‘‘(O) TRANSPORTATION FUEL.—The term 

19 ‘transportation fuel’ means fuel used to power 

20 motor vehicles, nonroad engines, or aircraft.’’. 

21 SEC. 4. ADVANCED CLEAN FUEL PROGRAM. 

22 (a) ADVANCED CLEAN FUEL PERFORMANCE STAND23 ARD.—Section 211(o) of the Clean Air Act (42 U.S.C. 

24 7545(o)) is amended by adding at the end the following: 


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1 ‘‘(11) ADVANCED CLEAN FUEL PERFORMANCE

2 STANDARD.— 

3 ‘‘(A) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) NATIONAL INTEREST LAND.— 

5 The term ‘national interest land’ includes 

6 land that is within the National Wildlife 

7 Refuge System, the National Park System, 

8 a National Monument, the National Wil9 derness Preservation System, the National 

10 Landscape Conservation System, or the 

11 National Forest System, that is Bureau of 

12 Land Management land protected by stat13 ute, proclamation, or regulation from com14 mercial timber activities, or that is endan15 gered or threatened species habitat, an old16 growth forest, or an inventoried roadless 

17 area. 

18 ‘‘(ii) PHASE II RENEWABLE FUEL.— 

19 The term ‘phase II renewable fuel’ means 

20 renewable fuel the lifecycle greenhouse gas 

21 emissions of which are 50 percent to 74 

22 percent lower than the fuel emission base23 line. 

24 ‘‘(iii) PHASE III RENEWABLE FUEL.— 

25 The term ‘phase III renewable fuel’ means 


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1 renewable fuel the lifecycle greenhouse gas 

2 emissions of which are at least 75 percent 

3 lower than the fuel emission baseline. 

4 ‘‘(iv) RENEWABLE BIOMASS.— 

5 ‘‘(I) IN GENERAL.—The term ‘re6 newable biomass’ means any organic 

7 matter that is available on a renew8 able or recurring basis. 

9 ‘‘(II) INCLUSIONS.—The term 

10 ‘renewable biomass’ includes— 

11 ‘‘(aa) renewable plant mate12 rial, including— 

13 ‘‘(AA) feed grains; 

14 ‘‘(BB) other agricul15 tural commodities; 

16 ‘‘(CC) other plants and 

17 trees grown for energy pro18 duction; and 

19 ‘‘(DD) algae; and 

20 ‘‘(bb) waste material, includ21 ing— 

22 ‘‘(AA) crop residue; 

23 ‘‘(BB) other vegetative 

24 waste material (including 


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1 wood waste and wood resi2 dues); 

3 ‘‘(CC) animal waste 

4 and byproducts (including 

5 fats, oils, greases, and ma6 nure); and 

7 ‘‘(DD) separated food 

8 waste, yard waste, and lawn 

9 debris recovered from mu10 nicipal solid waste. 

11 ‘‘(III) EXCLUSIONS.—The term 

12 ‘renewable biomass’ does not include 

13 biomass derived from— 

14 ‘‘(aa) land on which eco15 system conversion has occurred 

16 after the date of enactment of 

17 the Advanced Clean Fuels Act of 

18 2007, as determined by the Ad19 ministrator; 

20 ‘‘(bb) land enrolled in the 

21 conservation reserve program es22 tablished under subchapter B of 

23 chapter 1 of subtitle D of title 

24 XII of the Food Security Act of 

25 1985 (16 U.S.C. 3831 et seq.) or 


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1 the wetlands reserve program es2 tablished under subchapter C of 

3 chapter 1 of subtitle D of title 

4 XII of the Food Security Act of 

5 1985 (16 U.S.C. 3837 et seq.), 

6 unless the biomass is produced in 

7 a manner consistent with all ap8 plicable guidelines, and terms 

9 and conditions of any applicable 

10 contract, under the program; 

11 ‘‘(cc) any national interest 

12 land (other than land in a 

13 firewise zone), except for harvest 

14 residue, mill waste, or pre-com15 mercial thinnings derived from 

16 national interest land assigned to 

17 timber production; 

18 ‘‘(dd) recyclable postcon19 sumer waste paper; 

20 ‘‘(ee) painted, treated, or 

21 pressurized wood; 

22 ‘‘(ff) wood contaminated 

23 with plastic or metals; or 

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1 ported, or processed pursuant to 

2 an exemption from otherwise ap3 plicable Federal environmental 

4 laws (including regulations). 

5 ‘‘(v) RENEWABLE FUEL.— 

6 ‘‘(I) IN GENERAL.—The term ‘re7 newable fuel’ means transportation 

8 fuel that is not an ether and that— 

9 ‘‘(aa)(AA) is produced from 

10 renewable biomass; or 

11 ‘‘(BB) is natural gas pro12 duced from a biogas source, in13 cluding a landfill, sewage waste 

14 treatment plant, feedlot, or other 

15 place where decaying organic ma16 terial is found; 

17 ‘‘(bb) is used to replace or 

18 reduce the quantity of fossil fuel 

19 present in a fuel mixture used for 

20 transportation; and 

21 ‘‘(cc) has lifecycle green22 house gas emissions that are at 

23 least 20 percent lower than the 

24 fuel emission baseline. 


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1 ‘‘(II) INCLUSION.—The term ‘re2 newable fuel’ includes fuel meeting the 

3 criteria in subclause (I) that is— 

4 ‘‘(aa) cellulosic biomass eth5 anol and waste derived ethanol; 

6 ‘‘(bb) biodiesel (as defined in 

7 section 312(f) of the Energy Pol8 icy Act of 1992 (42 U.S.C. 

9 13220(f))) and any blending 

10 components derived from renew11 able fuel (provided that only the 

12 renewable fuel portion of any 

13 such blending component shall be 

14 considered part of the applicable 

15 volume under the renewable fuel 

16 program established by this sub17 section); or 

18 ‘‘(cc) fuel produced from py19 rolysis or thermal conversion of 

20 renewable biomass. 

21 ‘‘(B) STANDARD.— 

22 ‘‘(i) IN GENERAL.—Not later than 

23 January 1, 2010, the Administrator shall, 

24 by regulation— 


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1 ‘‘(I) establish a methodology for 

2 use in determining the lifecycle green3 house gas emissions of transportation 

4 fuel in commerce, including— 

5 ‘‘(aa) conventional transpor6 tation fuel; and 

7 ‘‘(bb) renewable fuel; 

8 ‘‘(II) determine the fuel emission 

9 baseline; 

10 ‘‘(III) establish a transportation 

11 fuel certification and marketing proc12 ess— 

13 ‘‘(aa) to certify fuels that 

14 qualify as renewable fuel under 

15 this paragraph; 

16 ‘‘(bb) to determine the 

17 lifecycle greenhouse gas emis18 sions of conventional transpor19 tation fuels and renewable fuels 

20 being sold or introduced into 

21 commerce in the United States; 

22 and 

23 ‘‘(cc) to label and market 

24 conventional transportation fuel 


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1 and renewable fuel in a manner 

2 that indicates— 

3 ‘‘(AA) the status of the 

4 fuel as conventional trans5 portation fuel or renewable 

6 fuel; and 

7 ‘‘(BB) the lifecycle 

8 greenhouse gas emissions of 

9 the fuel; and 

10 ‘‘(IV) in accordance with clause 

11 (ii), establish a requirement applicable 

12 to each fuel provider to reduce the av13 erage lifecycle greenhouse gas emis14 sions per unit of energy of the aggre15 gate quantity of transportation fuel 

16 produced, blended, or imported by the 

17 fuel provider to a level that is, to the 

18 maximum extent practicable— 

19 ‘‘(aa) by not later than cal20 endar year 2011, at least equal 

21 to or less than the fuel emission 

22 baseline; 

23 ‘‘(bb) by not later than cal24 endar year 2015, 5 percent less 


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1 than the fuel emission baseline; 

2 and 

3 ‘‘(cc) by not later than cal4 endar year 2020, 10 percent less 

5 than the fuel emission baseline. 

6 ‘‘(ii) MAXIMUM REDUCTIONS.— 

7 ‘‘(I) IN GENERAL.—In deter8 mining the maximum practicable level 

9 of reduction under clause (i)(IV), the 

10 Administrator shall— 

11 ‘‘(aa) take into consideration 

12 the results of the applicable 

13 study carried out under para14 graph (12); and 

15 ‘‘(bb) determine whether a 

16 level of reduction— 

17 ‘‘(AA) is technically in18 feasible; or 

19 ‘‘(BB) would result in 1 

20 or more adverse lifecycle im21 pacts that cannot be ade22 quately mitigated through 

23 regulatory or nonregulatory 

24 measures under subclause 

25 (II). 


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1 ‘‘(II) MITIGATION.— 

2 ‘‘(aa) IN GENERAL.—For 

3 the purpose of making a deter4 mination under subclause 

5 (I)(bb)(BB), the Administrator, 

6 in consultation with the heads of 

7 other appropriate Federal agen8 cies, shall use the existing au9 thorities of the Administrator to 

10 mitigate, to the maximum extent 

11 practicable, using regulatory or 

12 nonregulatory approaches as the 

13 Administrator determines to be 

14 appropriate, adverse lifecycle im15 pacts in accordance with a sched16 ule that ensures that mitigation 

17 measures are in place by a date 

18 sufficient to avoid adverse 

19 lifecycle impacts. 

20 ‘‘(bb) AIR QUALITY IM21 PACTS.—For the purpose of this 

22 subclause, in the case of any air 

23 quality-related adverse lifecycle 

24 impact resulting from emissions 

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1 able fuel, the Administrator shall 

2 ensure, by regulation promul3 gated under this title, that gaso4 line containing renewable fuel 

5 does not result in— 

6 ‘‘(AA) average per-gal7 lon motor vehicle emissions 

8 (measured on a mass basis) 

9 of air pollutants in excess of 

10 those emissions attributable 

11 to gasoline sold or intro12 duced into commerce in the 

13 United States in calendar 

14 year 2007; or 

15 ‘‘(BB) a violation of 

16 any motor vehicle emission 

17 or fuel content limitation 

18 under any other provision of 

19 this Act. 

20 ‘‘(iii) CALENDAR YEAR 2025 AND

21 THEREAFTER.—For calendar year 2025, 

22 and each fifth calendar year thereafter, the 

23 Administrator, in consultation with the 

24 Secretary of Agriculture and the Secretary 

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1 formance standard to require that each 

2 fuel provider shall additionally reduce, to 

3 the maximum extent practicable, the aver4 age lifecycle greenhouse gas emissions per 

5 unit of energy of the aggregate quantity of 

6 transportation fuel introduced by the fuel 

7 provider into commerce in the United 

8 States. 

9 ‘‘(iv) REVISION OF REGULATIONS.—In 

10 accordance with the purposes of the Ad11 vanced Clean Fuels Act of 2007, the Ad12 ministrator may, as appropriate, revise the 

13 regulations promulgated under clause (i) 

14 as necessary to reflect or respond to 

15 changes in the transportation fuel market 

16 or other relevant circumstances. 

17 ‘‘(v) METHOD OF CALCULATION.—In 

18 calculating the lifecycle greenhouse gas 

19 emissions of hydrogen or electricity (when 

20 used as a transportation fuel) pursuant to 

21 clause (i)(I), the Administrator shall— 

22 ‘‘(I) include emissions resulting 

23 from the production of the hydrogen 

24 or electricity; and 


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1 ‘‘(II) consider to be equivalent to 

2 the energy delivered by 1 gallon of 

3 ethanol the energy delivered by— 

4 ‘‘(aa) 6.4 kilowatt-hours of 

5 electricity; 

6 ‘‘(bb) 132 standard cubic 

7 feet of hydrogen; or 

8 ‘‘(cc) 1.25 gallons of liquid 

9 hydrogen. 

10 ‘‘(C) ELECTION TO PARTICIPATE.—An 

11 electricity provider may elect to participate in 

12 the program under this section if the electricity 

13 provider— 

14 ‘‘(i) provides and separately tracks 

15 electricity for transportation through a 

16 meter that— 

17 ‘‘(I) measures the electricity used 

18 for transportation separately from 

19 electricity used for other purposes; 

20 and 

21 ‘‘(II) allows for load management 

22 and time-of-use rates; and 

23 ‘‘(ii) generates more than 15 percent 

24 of the electricity sold by the electricity pro25 vider from renewable energy sources. 


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1 ‘‘(D) CREDITS.— 

2 ‘‘(i) IN GENERAL.—The regulations 

3 promulgated to carry out this paragraph 

4 shall permit fuel providers to receive cred5 its for achieving, during a calendar year, 

6 greater reductions in lifecycle greenhouse 

7 gas emissions of the fuel produced, blend8 ed, or imported by the fuel provider than 

9 are required under subparagraph 

10 (B)(i)(IV). 

11 ‘‘(ii) METHOD OF CALCULATION.— 

12 The number of credits received by a fuel 

13 provider as described clause (i) for a cal14 endar year shall be calculated by multi15 plying— 

16 ‘‘(I) the aggregate quantity of 

17 fuel produced, distributed, or im18 ported by the fuel provider in the cal19 endar year; and 

20 ‘‘(II) the difference between— 

21 ‘‘(aa) the lifecycle green22 house gas emissions of that 

23 quantity of fuel; and 

24 ‘‘(bb) the maximum lifecycle 

25 greenhouse gas emissions of that 


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1 quantity of fuel permitted for the 

2 calendar year under subpara3 graph (B)(i)(VI). 

4 ‘‘(E) COMPLIANCE.—Each fuel provider 

5 subject to this paragraph shall demonstrate 

6 compliance with this paragraph, including, as 

7 necessary, through the use of credits banked or 

8 purchased. 

9 ‘‘(F) NO EFFECT ON STATE AUTHORITY

10 OR MORE STRINGENT REQUIREMENTS.—Noth11 ing in this subsection— 

12 ‘‘(i) affects the authority of a State to 

13 establish, or to maintain in effect, any 

14 transportation fuel performance standard 

15 or other similar standard that is more 

16 stringent than a standard established 

17 under this paragraph; or 

18 ‘‘(ii) supercedes or otherwise affects 

19 any more stringent requirement under any 

20 other provision of this Act.’’. 

21 (b) ADVANCED CLEAN FUEL VOLUME STANDARD.— 

22 Section 211(o)(2) of the Clean Air Act (42 U.S.C. 

23 7545(o)(2)) is amended— 

24 (1) in subparagraph (B)— 


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1 (A) by striking the subparagraph designa2 tion and heading and all that follows through 

3 ‘‘For the purpose’’ and inserting the following: 

4 ‘‘(B) APPLICABLE VOLUME.—For the pur5 pose’’; and 

6 (B) by striking clauses (ii) through (iv); 

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(C) ADVANCED CLEAN FUEL VOLUME

10 STANDARD.— 

11 ‘‘(i) DEFINITION OF RENEWABLE

12 FUEL.—In this subparagraph, the term 

13 ‘renewable fuel’ has the meaning given the 

14 term in paragraph (11). 

15 ‘‘(ii) INCREASE IN RENEWABLE FUEL

16 VOLUME.— 

17 ‘‘(I) IN GENERAL.—Unless, 

18 based on the results of the study car19 ried out under paragraph (12), the 

20 Administrator determines that the 

21 total applicable volume of renewable 

22 fuel specified in clause (iii) for a cal23 endar year would be technically infea24 sible, or would result in 1 or more ad25 verse lifecycle impacts that cannot be 


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1 adequately mitigated under subclause 

2 (V), the Administrator shall promul3 gate regulations that require the ag4 gregate quantity of transportation fuel 

5 sold or introduced into commerce in 

6 the United States to contain such vol7 ume of renewable fuel as the Adminis8 trator determines will result in the 

9 total minimum volume for the cal10 endar year specified in clause (iii). 

11 ‘‘(II) INCREASE.—If the Admin12 istrator makes a determination under 

13 subclause (I), the Administrator may 

14 promulgate regulations that require 

15 such increase in the aggregate quan16 tity of transportation fuel sold or in17 troduced into commerce in the United 

18 States as the Administrator deter19 mines to be appropriate, with respect 

20 to the determination under subclause 

21 (I). 

22 ‘‘(III) SCHEDULE OF REGULA23 TIONS.—In implementing subclauses 

24 (I) and (II), the Administrator shall— 


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1 ‘‘(aa) not later than Janu2 ary 1, 2010, promulgate regula3 tions establishing any total appli4 cable volume requirements for 

5 calendar years 2011 through 

6 2013; and 

7 ‘‘(bb) not later than Janu8 ary 1, 2013, and every 3 years 

9 thereafter, promulgate regula10 tions establishing any total appli11 cable volume requirements for 

12 the 3-calendar-year period begin13 ning with the calendar year after 

14 the calendar year in which the 

15 regulations are promulgated. 

16 ‘‘(IV) EFFECTIVE DATE.—The 

17 regulations promulgated under sub18 clauses (I) and (II) shall take effect 

19 not sooner than 1 year after the date 

20 of promulgation of the regulations. 

21 ‘‘(V) MITIGATION.— 

22 ‘‘(aa) IN GENERAL.—For 

23 purposes of this clause, the Ad24 ministrator, in consultation with 

25 the heads of other appropriate 


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1 Federal agencies, shall use the 

2 existing authorities of the Admin3 istrator to mitigate, to the max4 imum extent practicable, using 

5 regulatory or nonregulatory ap6 proaches as the Administrator 

7 determines to be appropriate, ad8 verse lifecycle impacts in accord9 ance with a schedule that ensures 

10 that mitigation measures are in 

11 place by a date sufficient to avoid 

12 adverse lifecycle impacts. 

13 ‘‘(bb) AIR QUALITY IM14 PACTS.—For the purpose of this 

15 subclause, in the case of any air 

16 quality-related adverse lifecycle 

17 impact resulting from emissions 

18 from motor vehicles using renew19 able fuel, the Administrator shall 

20 ensure, by regulation, that gaso21 line containing renewable fuel 

22 does not result in— 

23 ‘‘(AA) average per gal24 lon motor vehicle emissions 

25 (measured on a mass basis) 


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1 of air pollutants in excess of 

2 the quantity of those emis3 sions attributable to gasoline 

4 sold or introduced into com5 merce in the United States 

6 during calendar year 2007; 

7 or 

8 ‘‘(BB) a violation of 

9 any motor vehicle emission 

10 or fuel content limitation 

11 under any other provision of 

12 this Act. 

13 ‘‘(iii) TOTAL ADVANCED CLEAN FUEL

14 VOLUME.— 

15 ‘‘(I) CALENDAR YEARS 2011

16 THROUGH 2025.—For the purpose of 

17 clause (ii), the total applicable vol18 umes for any of calendar years 2011 

19 through 2025 (including the minimum 

20 additional volumes required under 

21 subparagraph (B)) shall be deter22 mined in accordance with the fol23 lowing table: 


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Calendar year 

Total applicable volume of renewable fuel 

(in billions 

of gallons) 

Total volume of 

phase II renewable fuel 

(in billions 

of gallons) 

Total volume of 

phase III 

renewable 

fuel (in billions of gallons) 

2011 ................................................ 12.0 0 0

2012 ................................................ 14.0 0.5 0.25

2013 ................................................ 16.0 0.5 0.25

2014 ................................................ 18.0 1.5 0.75

2015 ................................................ 20.0 1.5 0.75

2016 ................................................ 22.0 3.0 1.5

2017 ................................................ 24.0 3.0 1.5

2018 ................................................ 26.0 5.0 2.5

2019 ................................................ 28.0 5.0 2.5

2020 ................................................ 30.0 8.0 4.0

2021 ................................................ 31.0 8.0 4.0

2022 ................................................ 32.0 11.0 6.0

2023 ................................................ 33.0 11.0 6.0

2024 ................................................ 34.0 11.0 6.0

2025 ................................................ 35.0 13.0 8.0. 

1 ‘‘(II) CALENDAR YEAR 2026 AND

2 THEREAFTER.—Subject to clause (iv), 

3 for the purposes of clause (ii), the 

4 total applicable volume for calendar 

5 year 2026 and each calendar year 

6 thereafter shall be determined by the 

7 Administrator, in consultation with 

8 the Secretary of Agriculture and the 

9 Secretary of Energy, based on a re10 view of the implementation of this 

11 subparagraph and subparagraph (B) 

12 during calendar years 2011 through 

13 2025, including a review of— 


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1 ‘‘(aa) the impact of renew2 able fuel, phase II renewable fuel, 

3 and phase III renewable fuel on 

4 the environment of the United 

5 States and the world; and 

6 ‘‘(bb) the impact of the use 

7 of renewable fuel, phase II re8 newable fuel, and phase III re9 newable fuel on other factors, in10 cluding job creation, rural eco11 nomic development, domestic en12 ergy production, and the energy 

13 security of the United States. 

14 ‘‘(III) REVISION OF REGULA15 TIONS.—In accordance with the pur16 poses of the Advanced Clean Fuels 

17 Act of 2007, the Administrator may, 

18 as appropriate, revise the regulations 

19 promulgated pursuant to clause (i) as 

20 the Administrator determines to be 

21 necessary to reflect or respond to— 

22 ‘‘(aa) changes in the trans23 portation fuel market; or 

24 ‘‘(bb) other relevant cir25 cumstances. 


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1 ‘‘(iv) CALCULATION OF TOTAL AD2 VANCED CLEAN FUEL VOLUME.—For the 

3 purpose of clause (iii)(II), the total appli4 cable volume for calendar year 2026 and 

5 each calendar year thereafter shall be 

6 equal to the product obtained by multi7 plying— 

8 ‘‘(I) the number of gallons of 

9 gasoline that the Administrator esti10 mates will be sold or introduced into 

11 commerce in the calendar year; and 

12 ‘‘(II) the ratio that, as applica13 ble— 

14 ‘‘(aa) 35,000,000,000 gal15 lons of renewable fuel (including 

16 up to 13,000,000,000 gallons of 

17 phase II renewable fuel and up to 

18 8,000,000,000 gallons of phase 

19 III renewable fuel); bears to 

20 ‘‘(bb) the number of gallons 

21 of conventional transportation 

22 fuel sold or introduced into com23 merce in calendar year 2025. 

24 ‘‘(v) NO EFFECT ON MORE STRIN25 GENT REQUIREMENTS.—Nothing in this 


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1 subparagraph supercedes or otherwise af2 fects any more stringent requirement 

3 under any other provision of this Act.’’. 

4 (c) STUDY.—Section 211(o) of the Clean Air Act (42 

5 U.S.C. 7545(o)) (as amended by subsection (a)) is amend6 ed by adding at the end the following: 

7 ‘‘(12) STUDY ON EFFECTS OF INCREASE IN RE8 NEWABLE FUEL VOLUME.— 

9 ‘‘(A) IN GENERAL.—The Administrator 

10 shall offer to enter into an agreement with the 

11 Academy under which the Academy shall peri12 odically carry out, and submit to Congress and 

13 the Administrator a report on the results of, a 

14 study to determine whether the total applicable 

15 volume of renewable fuel specified in paragraph 

16 (2)(C)(iii) or the advanced clean fuel perform17 ance standards specified in paragraph (11)(B) 

18 for any calendar year would reasonably be an19 ticipated— 

20 ‘‘(i) to result in 1 or more adverse 

21 lifecycle impacts; or 

22 ‘‘(ii) to be technically infeasible. 

23 ‘‘(B) SCHEDULE OF STUDIES.—In imple24 menting subparagraph (A), the Administrator 

25 shall— 


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1 ‘‘(i) not later than 90 days after the 

2 date of enactment of this paragraph, offer 

3 to enter into an agreement with the Acad4 emy under which the Academy shall con5 duct the study described in subparagraph 

6 (A) with respect to calendar years 2011 

7 through 2013; and 

8 ‘‘(ii) not later than 3 years after the 

9 deadline specified in clause (i), and every 3 

10 years thereafter, offer to enter into an 

11 agreement with the Academy under which 

12 the Academy shall conduct the study de13 scribed in subparagraph (A) with respect 

14 to the 3-calendar-year period following the 

15 most recent 3-calendar-year period studied 

16 by the Academy under this paragraph. 

17 ‘‘(C) INITIAL STUDY OF ANALYTICAL

18 METHODS.—The first study conducted under 

19 this paragraph shall include an identification 

20 and development of analytical methods for 

21 use— 

22 ‘‘(i) in determining the lifecycle green23 house gas emissions of conventional trans24 portation fuel and renewable fuel; and 


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1 ‘‘(ii) in assessing the impacts of in2 creasing volumes of renewable fuel in the 

3 transportation fuel supply on— 

4 ‘‘(I) the environment of the 

5 United States and the world, taking 

6 into consideration potential additional 

7 warming of the oceans and surface of 

8 Earth as a result of changes in land 

9 use and cover; and 

10 ‘‘(II) food and feedstock supply 

11 and prices.’’. 

12 (d) OPT-IN AREAS UNDER REFORMULATED GASO13 LINE PROGRAM.—Section 211(k)(6)(B) of the Clean Air 

14 Act (42 U.S.C. 7545(k)(6)(B)) is amended— 

15 (1) in the subparagraph heading, by striking 

16 ‘‘OZONE TRANSPORT REGION’’ and inserting ‘‘ADDI17 TIONAL OPT-IN AREAS’’; and 

18 (2) in clause (i)(I)— 

19 (A) by striking ‘‘in the ozone transport re20 gion established by section 184(a)’’; and 

21 (B) by striking ‘‘(other than an area clas22 sified as a marginal, moderate, serious, or se23 vere ozone nonattainment area under subpart 2 

24 of part D of title I)’’. 


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1 SEC. 5. VOLUNTARY RENEWABLE FUELS LABELING PRO2 GRAM. 

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

4 7545(o)) (as amended by section 4(c)) is amended by add5 ing at the end the following: 

6 ‘‘(13) VOLUNTARY RENEWABLE FUELS LABEL7 ING PROGRAM.— 

8 ‘‘(A) DEFINITIONS.—In this paragraph: 

9 ‘‘(i) PROGRAM.—The term ‘Program’ 

10 means the Voluntary Renewable Fuels La11 beling Program established under subpara12 graph (B). 

13 ‘‘(ii) RENEWABLE FUEL.—The term 

14 ‘renewable fuel’ has the meaning given the 

15 term in paragraph (11). 

16 ‘‘(iii) VOLUNTARY MANAGEMENT

17 PRACTICE.—The term ‘voluntary manage18 ment practice’ means a practice that pro19 tects the ecological values (including water, 

20 soil, and biological diversity) of a landscape 

21 used to produce renewable biomass. 

22 ‘‘(B) ESTABLISHMENT.—The Adminis23 trator shall establish a program, to be modeled 

24 on the Energy Star Program, to promote con25 sumer awareness of renewable fuels that meet 

26 the requirements of subparagraph (C). 


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1 ‘‘(C) REQUIREMENTS.—The Program shall 

2 provide authorization to applicable entities for 

3 the use of a unique label for any renewable fuel 

4 that— 

5 ‘‘(i) has a lifecycle greenhouse gas 

6 emission rate that is at least 50 percent 

7 lower than the fuel emission baseline; and 

8 ‘‘(ii) complies with applicable vol9 untary management practices established 

10 under subparagraph (D)(i). 

11 ‘‘(D) VOLUNTARY MANAGEMENT PRAC12 TICES, TERMS, AND PROCEDURES.—In carrying 

13 out the Program, the Administrator shall estab14 lish— 

15 ‘‘(i) voluntary management practices 

16 for use in determining the eligibility of a 

17 renewable fuel for a unique renewable fuel 

18 label under the Program; 

19 ‘‘(ii) terms governing the use of a 

20 unique renewable fuel label; and 

21 ‘‘(iii) procedures for— 

22 ‘‘(I) designating a renewable fuel 

23 to be eligible for a unique renewable 

24 fuel label; 


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1 ‘‘(II) verifying the values re2 ported by producers of renewable fuel; 

3 and 

4 ‘‘(III) monitoring compliance 

5 with the voluntary management prac6 tices established under clause (i). 

7 ‘‘(E) LABEL INFORMATION.—The label to 

8 be applied to each qualifying renewable fuel 

9 under the Program shall indicate the lifecycle 

10 greenhouse gas emission rate of the renewable 

11 fuel. 

12 ‘‘(F) ADVISORY COMMITTEE.— 

13 ‘‘(i) ESTABLISHMENT.—The Adminis14 trator shall establish an independent advi15 sory committee to assist the Administrator 

16 in carrying out the Program. 

17 ‘‘(ii) DUTIES.—Not less frequently 

18 than once every 2 years, the advisory com19 mittee shall provide recommendations to 

20 the Administrator for updates and im21 provements to the Program, including rec22 ommendations relating to the voluntary 

23 management practices established under 

24 subparagraph (D)(i).’’. 


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1 SEC. 6. RESEARCH AND DEVELOPMENT IN SUPPORT OF AD2 VANCED CLEAN FUELS. 

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

4 7545(o)) (as amended by section 5) is amended by adding 

5 at the end the following: 

6 ‘‘(14) RESEARCH AND DEVELOPMENT IN SUP7 PORT OF ADVANCED CLEAN FUELS.— 

8 ‘‘(A) PURPOSE.—The purpose of this para9 graph is to provide for research support to fa10 cilitate the development of sustainable markets 

11 and technologies to produce and use woody bio12 mass and other cellulosic biomass for the pro13 duction of thermal and electric energy, biofuels, 

14 and bioproducts. 

15 ‘‘(B) GRANT PROGRAM.—The Adminis16 trator shall establish a program to provide to 

17 eligible entities (as identified by the Adminis18 trator) grants for use in— 

19 ‘‘(i) providing financial support for 

20 not more than 4 nor less than 6 dem21 onstration facilities that— 

22 ‘‘(I) use woody biomass to deploy 

23 advanced technologies for production 

24 of thermal and electric energy, 

25 biofuels, and bioproducts; and 


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1 ‘‘(II) are targeted at regional 

2 feedstocks and markets; 

3 ‘‘(ii) conducting targeted research for 

4 the development of cellulosic ethanol and 

5 other liquid fuels from woody or other cel6 lulosic biomass that may be used in trans7 portation or stationary applications, such 

8 as industrial processes or industrial, com9 mercial, and residential heating; 

10 ‘‘(iii) conducting research into the 

11 best scientifically-based and periodically12 updated methods of assessing and certi13 fying the impacts of each cellulosic biomass 

14 fuel with respect to— 

15 ‘‘(I) the reduction in lifecycle 

16 greenhouse gas emissions of each fuel 

17 as compared to— 

18 ‘‘(aa) the fuel emission base19 line; and 

20 ‘‘(bb) the greenhouse gas 

21 emissions of other sectors, such 

22 as the agricultural, industrial, 

23 and manufacturing sectors; 

24 ‘‘(II) the contribution of the cel25 lulosic biomass fuel toward enhancing 


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1 the energy security of the United 

2 States by displacing imported petro3 leum and petroleum products; 

4 ‘‘(III) any impacts of the cel5 lulosic biomass fuel on wildlife habi6 tat, biodiversity, water quality, and 

7 air quality; and 

8 ‘‘(IV) any effect of the cellulosic 

9 biomass fuel with respect to rural and 

10 regional economies; 

11 ‘‘(iv) conducting research to determine 

12 to what extent the use of cellulosic biomass 

13 fuels in the transportation sector would 

14 impact greenhouse gas emissions in other 

15 sectors, such as the agricultural, industrial, 

16 and manufacturing sectors; 

17 ‘‘(v) conducting research for the devel18 opment of the supply infrastructure that 

19 may provide renewable biomass feedstocks 

20 in a consistent, predictable, and environ21 mentally-sustainable manner; 

22 ‘‘(vi) conducting research for the de23 velopment of supply infrastructure that 

24 may provide cellulosic biomass fuels in a 


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1 consistent, predictable, and environ2 mentally-sustainable manner; and 

3 ‘‘(vii) conducting policy research on 

4 the global movement of cellulosic biomass 

5 fuels in a consistent, predictable, and envi6 ronmentally-sustainable manner. 

7 ‘‘(C) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appro9 priated to carry out this section— 

10 ‘‘(i) $45,000,000 for fiscal year 2009; 

11 ‘‘(ii) $50,000,000 for fiscal year 2010; 

12 ‘‘(iii) $55,000,000 for fiscal year 

13 2011; 

14 ‘‘(iv) $60,000,000 for fiscal year 

15 2012; and 

16 ‘‘(v) $65,000,000 for fiscal year 

17 2013.’’. 

18 SEC. 7. WATER QUALITY PROTECTION. 

19 Section 211(c)(1) of the Clean Air Act (42 U.S.C. 

20 7545(c)(1)) is amended— 

21 (1) by striking ‘‘nonroad vehicle (A) if in the 

22 judgment of the Administrator’’ and inserting the 

23 following: ‘‘nonroad vehicle— 

24 ‘‘(A) if, in the judgment of the Adminis25 trator, any fuel or fuel additive or’’; 


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1 (2) by striking ‘‘, or (B) if’’ and inserting the 

2 following: ‘‘; or 

3 ‘‘(B) if’’; and 

4 (3) in subparagraph (A), by striking ‘‘air pollu5 tion which’’ and inserting ‘‘air pollution or water 

6 pollution (including any degradation in the quality of 

7 groundwater) that’’. 

Æ 


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