II 

110TH CONGRESS 

1ST SESSION S. 1616 

To amend the Clean Air Act to promote and assure the quality of biodiesel 

fuel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2007 

Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. CARPER, Mr. LUGAR, and Mr. 

OBAMA) 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 and assure the 

quality of biodiesel fuel, 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 ‘‘Biodiesel Promotion 

5 and Quality Assurance Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the promotion of the biodiesel industry of 

9 the United States is a critical component of an enVerDate Aug 31 2005 22:47 Jun 15, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1616.IS S1616

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1 ergy policy that reduces dependence on foreign 

2 sources of petroleum; 

3 (2) a strong biodiesel industry will— 

4 (A) significantly enhance the energy secu5 rity of the United States; and 

6 (B) promote economic development and job 

7 creation (particularly in rural areas of the 

8 United States), while providing environmental, 

9 health, and greenhouse gas reduction benefits; 

10 (3) a federally-implemented biodiesel standard 

11 will result in the most efficient pricing for biodiesel 

12 across the United States; and 

13 (4) it is critical to ensure that only high quality 

14 biodiesel is dispensed. 

15 SEC. 3. BIODIESEL FUEL STANDARD. 

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

17 (42 U.S.C. 7545) is amended by inserting after subsection 

18 (o) the following: 

19 ‘‘(p) BIODIESEL FUEL.— 

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

21 ‘‘(A) ASTM.—The term ‘ASTM’ means 

22 the American Society of Testing and Materials. 

23 ‘‘(B) BIO-BASED DIESEL REPLACEMENT.— 

24 The term ‘bio-based diesel replacement’ means 


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1 any type of bio-based renewable fuel derived 

2 from plant or animal matter that— 

3 ‘‘(i) may be used as a substitute for 

4 standard diesel fuel; and 

5 ‘‘(ii) meets— 

6 ‘‘(I) the registration require7 ments for fuels and fuel additives 

8 under this section; and 

9 ‘‘(II) the requirements of applica10 ble ASTM standards. 

11 ‘‘(C) BIODIESEL.— 

12 ‘‘(i) IN GENERAL.—The term ‘bio13 diesel’ means the monoalkyl esters of long 

14 chain fatty acids derived from plant or ani15 mal matter that meet— 

16 ‘‘(I) the registration require17 ments for fuels and fuel additives 

18 under this section; and 

19 ‘‘(II) the requirements of ASTM 

20 standard D6751. 

21 ‘‘(ii) INCLUSION.—For the purpose of 

22 measuring the applicable volume of the 

23 biodiesel fuel standard under paragraph 

24 (2), the term ‘biodiesel’ includes any bio25 based diesel replacement that meets— 


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1 ‘‘(I) applicable registration re2 quirements for fuels and fuel additives 

3 under this section; or 

4 ‘‘(II) applicable ASTM stand5 ards. 

6 ‘‘(D) BIODIESEL BLEND.—The term ‘bio7 diesel blend’ means a blend of biodiesel fuel 

8 that meets the requirements of ASTM standard 

9 D6751 with petroleum-based diesel fuel. 

10 ‘‘(2) BIODIESEL FUEL STANDARD.— 

11 ‘‘(A) IN GENERAL.—Not later than 1 year 

12 after the date of enactment of this subsection, 

13 the Administrator shall promulgate regulations 

14 to ensure that diesel fuel sold or introduced into 

15 commerce in the United States, on an annual 

16 average basis, contains the applicable volume of 

17 biodiesel determined in accordance with sub18 paragraphs (B) and (C). 

19 ‘‘(B) CALENDAR YEARS 2008 THROUGH

20 2012.—For the purpose of subparagraph (A), 

21 the applicable volume for any of calendar years 

22 2008 through 2012 shall be determined in ac23 cordance with the following table: 

Applicable volume of 

biodiesel 

‘‘Calendar year: (in millions of gallons): 

2008 ................................................................................................... 450

2009 ................................................................................................... 625


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Applicable volume of 

biodiesel 

‘‘Calendar year: (in millions of gallons): 

2010 ................................................................................................... 800

2011 ................................................................................................... 1,000

2012 ................................................................................................... 1,250. 

1 ‘‘(C) CALENDAR YEAR 2013 AND THERE2 AFTER.—For the purpose of subparagraph (A), 

3 the applicable volume for calendar year 2013 

4 and each calendar year thereafter shall be de5 termined by the Administrator, in consultation 

6 with the Secretary of Energy and the Secretary 

7 of Agriculture, based on a review of the imple8 mentation of the program during calendar years 

9 2008 through 2012, including a review of— 

10 ‘‘(i) the impact of the use of renew11 able fuels on the environment, air quality, 

12 energy security, job creation, and rural 

13 economic development; and 

14 ‘‘(ii) the expected annual rate of fu15 ture production of biodiesel. 

16 ‘‘(D) MINIMUM PERCENTAGE OF BIO17 DIESEL.—For the purpose of subparagraph 

18 (B), at least 80 percent of the minimum appli19 cable volume for each of calendar years 2008 

20 through 2012 shall be biodiesel. 

21 ‘‘(E) COMPLIANCE.—The regulations pro22 mulgated under subparagraph (A) shall contain 


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1 compliance provisions applicable to refineries, 

2 blenders, distributors, and importers, as appro3 priate, to ensure that the requirements of this 

4 paragraph are met, but shall not— 

5 ‘‘(i) restrict geographic areas in which 

6 biodiesel may be used; or 

7 ‘‘(ii) impose any per-gallon obligation 

8 for the use of biodiesel. 

9 ‘‘(F) WAIVERS.— 

10 ‘‘(i) MARKET EVALUATION.—The Ad11 ministrator, in consultation with the Sec12 retary of Energy and the Secretary of Ag13 riculture, shall continually evaluate the im14 pact of the biodiesel requirements estab15 lished under this paragraph on the price of 

16 diesel fuel. 

17 ‘‘(ii) WAIVER.—If the Administrator 

18 determines that there is a significant bio19 diesel feedstock disruption or other market 

20 circumstances that would make the price 

21 of biodiesel fuel unreasonable, the Admin22 istrator, with the concurrence of the Sec23 retary of Energy and the Secretary of Ag24 riculture, shall issue an order to reduce, 

25 for a 60-day period, the quantity of bioVerDate Aug 31 2005 22:47 Jun 15, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1616.IS S1616

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1 diesel required under subparagraph (A) by 

2 an appropriate quantity that does not ex3 ceed 15 percent of the applicable annual 

4 requirement for biodiesel. 

5 ‘‘(iii) FACTORS.—In making deter6 minations under this subparagraph, the 

7 Administrator shall consider— 

8 ‘‘(I) the purposes of this Act; 

9 ‘‘(II) the differential between the 

10 price of diesel fuel and the price of 

11 biodiesel; and 

12 ‘‘(III) the impact the biodiesel 

13 mandate has on consumers. 

14 ‘‘(iv) EXTENSIONS.—If the Adminis15 trator determines that the feedstock dis16 ruption or circumstances described in 

17 clause (ii) is continuing beyond the 60-day 

18 period described in clause (ii) or this 

19 clause, the Administrator, with the concur20 rence of the Secretary of Energy and the 

21 Secretary of Agriculture, may issue an 

22 order to reduce, for an additional 60-day 

23 period, the quantity of biodiesel required 

24 under subparagraph (A) by an appropriate 

25 quantity that does not exceed an additional 


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1 15 percent of the applicable annual re2 quirement for biodiesel. 

3 ‘‘(v) RESTORATION.—If the Adminis4 trator determines that the feedstock dis5 ruption or circumstances described in 

6 clause (ii) or (iv) has concluded and that 

7 it is practicable, the Administrator, with 

8 the concurrence of the Secretary of Energy 

9 and the Secretary of Agriculture, may 

10 issue an order to increase the quantity of 

11 biodiesel required under subparagraph (A) 

12 by an appropriate quantity to account for 

13 the gallons of biodiesel not used during the 

14 period a waiver or extension was in effect 

15 under this subparagraph. 

16 ‘‘(G) PREEMPTION OF STATE BIODIESEL

17 MANDATES.— 

18 ‘‘(i) IN GENERAL.—The standard es19 tablished under subparagraph (A) shall not 

20 apply to any diesel fuel subject to a State 

21 biodiesel mandate that has been enacted as 

22 of January 1, 2007. 

23 ‘‘(ii) PRODUCTION AND USE OF BIO24 DIESEL AND BIO-BASED RENEWABLE DIE25 SEL.—Subject to clause (iii), no State or 


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1 unit of local government shall establish or 

2 continue to enforce a mandate that re3 quires the level of production or use of bio4 diesel or bio-based diesel replacement to 

5 exceed the maximum level of production or 

6 use of biodiesel or bio-based diesel replace7 ment described in any— 

8 ‘‘(I) engine warranty; or 

9 ‘‘(II) specification derived in ac10 cordance with the ASTM. 

11 ‘‘(iii) STATE AND MUNICIPAL VEHI12 CLES.—Nothing in this paragraph pre13 empts the authority of a State or unit of 

14 local government— 

15 ‘‘(I) to regulate the use of bio16 diesel in vehicles owned by the State 

17 or local government, respectively; or 

18 ‘‘(II) to establish financial incen19 tives to promote the use of biodiesel. 

20 ‘‘(iv) FINANCIAL INCENTIVES.—Noth21 ing in this paragraph precludes States 

22 from establishing financial incentives to 

23 promote the voluntary use or production of 

24 biodiesel.’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 211 of the 

2 Clean Air Act (42 U.S.C. 7545) is amended— 

3 (1) in subsection (o)(1)(C)(ii)(II), by striking 

4 ‘‘biodiesel (as defined in section 312(f) of the En5 ergy Policy Act of 1992 (42 U.S.C. 13220(f))) and’’; 

6 and 

7 (2) by redesignating the first subsection (r) (re8 lating to fuel and fuel additive importers and impor9 tation) as subsection (u) and moving that subsection 

10 so as to appear at the end of the section. 

11 SEC. 4. BIODIESEL QUALITY. 

12 Subsection (p) of section 211 of the Clean Air Act 

13 (42 U.S.C. 7545) (as added by section 3(a)) is amended 

14 by adding at the end the following: 

15 ‘‘(3) BIODIESEL QUALITY.— 

16 ‘‘(A) QUALITY REGULATIONS.—Not later 

17 than 180 days after the date of enactment of 

18 this subsection, the Administrator, in consulta19 tion with the Secretary of Energy and the Sec20 retary of Agriculture, shall promulgate regula21 tions to ensure that only high-quality biodiesel 

22 that is consistent with appropriate ASTM 

23 International standards for biodiesel and bio24 diesel blends is introduced into commerce. 


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1 ‘‘(B) ENFORCEMENT.—The Administrator 

2 shall establish an inspection program to ensure 

3 that biodiesel and biodiesel blends entering 

4 commerce meets the standards established 

5 under subparagraph (A). 

6 ‘‘(C) VIOLATIONS.—Regardless of whether 

7 the Administrator promulgates regulations 

8 under subparagraph (A), it shall be a violation 

9 of this Act to produce or distribute— 

10 ‘‘(i) biodiesel or any bio-based diesel 

11 replacement that does not meet the re12 quirements of ASTM standard D6751; or 

13 ‘‘(ii) a biodiesel blend that does not 

14 meet the equivalent ASTM standard, as 

15 determined by the Administrator. 

16 ‘‘(D) FUNDING.—There are authorized to 

17 be appropriated to carry out this paragraph 

18 $3,000,000 for each of fiscal years 2008 

19 through 2010.’’. 

20 SEC. 5. BIODIESEL LABELING. 

21 Subsection (p) of section 211 of the Clean Air Act 

22 (42 U.S.C. 7545) (as amended by section 4) is amended 

23 by adding at the end the following: 

24 ‘‘(4) BIODIESEL LABELING.— 


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1 ‘‘(A) IN GENERAL.—Each retail diesel fuel 

2 pump shall be labeled in a manner that informs 

3 consumers of the percent of biodiesel that is 

4 contained in the biodiesel blend that is offered 

5 for sale, as determined by the Administrator. 

6 ‘‘(B) LABELING REQUIREMENTS.—Not 

7 later than 180 days after the date of enactment 

8 of this subsection, the Administrator shall pro9 mulgate biodiesel labeling requirements as fol10 lows: 

11 ‘‘(i) Biodiesel blends that contain less 

12 than or equal to 5 percent biodiesel by vol13 ume and that meet ASTM D975 diesel 

14 specifications shall not require any addi15 tional labels. 

16 ‘‘(ii) Biodiesel blends that contain 

17 more than 5 percent biodiesel by volume 

18 but not more than 20 percent by volume 

19 shall be labeled ‘contains biodiesel in quan20 tities between 5 percent and 20 percent’. 

21 ‘‘(iii) Biodiesel blends that contain 

22 more than 20 percent biodiesel by volume 

23 shall be labeled ‘contains more than 20 

24 percent biodiesel’.’’. 

Æ 


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