714
graph (2)(B) with respect to any year for which the
determination is made. In determining economic im-
pact under this paragraph, the Administrator shall
not consider the reduced revenues available from the
Highway Trust Fund (section 9503 of the Internal
Revenue Code of 1986) as a result of the use of eth-
anol.
‘‘(11) SMALL REFINERIES.—
‘‘(A) IN
GENERAL.—The requirement of
paragraph (2) shall not apply to small refineries
until the first calendar year beginning more
than 5 years after the first year set forth in the
table in paragraph (2)(B)(i). Not later than De-
cember 31, 2007, the Secretary of Energy shall
complete for the Administrator a study to de-
termine whether the requirement of paragraph
(2) would impose a disproportionate economic
hardship on small refineries. For any small re-
finery that the Secretary of Energy determines
would experience a disproportionate economic
hardship, the Administrator shall extend the
small refinery exemption for such small refinery
for no less than two additional years.
‘‘(B) ECONOMIC HARDSHIP.—
715
‘‘(i) EXTENSION OF EXEMPTION.—A
small refinery may at any time petition the
Administrator for an extension of the ex-
emption from the requirement of para-
graph (2) for the reason of dispropor-
tionate economic hardship. In evaluating a
hardship petition, the Administrator, in
consultation with the Secretary of Energy,
shall consider the findings of the study in
addition to other economic factors.
‘‘(ii) DEADLINE FOR ACTION ON PETI-
TIONS.—The Administrator shall act on
any petition submitted by a small refinery
for a hardship exemption not later than 90
days after the receipt of the petition.
‘‘(C) CREDIT PROGRAM.—If a small refin-
ery notifies the Administrator that it waives the
exemption provided by this Act, the regulations
shall provide for the generation of credits by
the small refinery beginning in the year fol-
lowing such notification.
‘‘(D) OPT-IN
FOR
SMALL
REFINERS.—A
small refinery shall be subject to the require-
ments of this section if it notifies the Adminis-
716
trator that it waives the exemption under sub-
paragraph (A).
‘‘(12) 
ETHANOL
MARKET
CONCENTRATION
ANALYSIS.—
‘‘(A) ANALYSIS.—
‘‘(i) IN
GENERAL.—Not later than
180 days after the date of enactment of
this subsection, and annually thereafter,
the Federal Trade Commission shall per-
form a market concentration analysis of
the ethanol production industry using the
Herfindahl-Hirschman Index to determine
whether there is sufficient competition
among industry participants to avoid price
setting and other anticompetitive behavior.
‘‘(ii) SCORING.—For the purpose of
scoring 
under 
clause 
(i) 
using 
the
Herfindahl-Hirschman 
Index, 
all 
mar-
keting arrangements among industry par-
ticipants shall be considered.
‘‘(B) REPORT.—Not later than December
1, 2005, and annually thereafter, the Federal
Trade Commission shall submit to Congress
and the Administrator a report on the results
717
of the market concentration analysis performed
under subparagraph (A)(i).’’.
(b) 
PENALTIES
AND
ENFORCEMENT.—Section
211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is
amended as follows:
(1) In paragraph (1)—
(A) in the first sentence, by striking ‘‘or
(n)’’ each place it appears and inserting ‘‘(n),
or (o)’’; and
(B) in the second sentence, by striking ‘‘or
(m)’’ and inserting ‘‘(m), or (o)’’.
(2) In the first sentence of paragraph (2), by
striking ‘‘and (n)’’ each place it appears and insert-
ing ‘‘(n), and (o)’’.
(c) SURVEY OF RENEWABLE FUEL MARKET.—
(1) SURVEY AND REPORT.—Not later than De-
cember 1, 2006, and annually thereafter, the Admin-
istrator of the Environmental Protection Agency (in
consultation with the Secretary of Energy acting
through the Administrator of the Energy Informa-
tion Administration) shall—
(A) conduct, with respect to each conven-
tional gasoline use area and each reformulated
gasoline use area in each State, a survey to de-
termine the market shares of—
718
(i) conventional gasoline containing
ethanol;
(ii) reformulated gasoline containing
ethanol;
(iii) conventional gasoline containing
renewable fuel; and
(iv) reformulated gasoline containing
renewable fuel; and
(B) submit to Congress, and make publicly
available, a report on the results of the survey
under subparagraph (A).
(2) RECORDKEEPING
AND
REPORTING
RE-
QUIREMENTS.—The Administrator of the Environ-
mental Protection Agency (hereinafter in this sub-
section referred to as the ‘‘Administrator’’) may re-
quire any refiner, blender, or importer to keep such
records and make such reports as are necessary to
ensure that the survey conducted under paragraph
(1) is accurate. The Administrator, to avoid duplica-
tive requirements, shall rely, to the extent prac-
ticable, on existing reporting and recordkeeping re-
quirements and other information available to the
Administrator including gasoline distribution pat-
terns that include multistate use areas.