I 
111TH CONGRESS 
1ST SESSION H. R. 1847 
To require the inclusion of coal-derived fuel at certain volumes in aviation 
fuel, motor vehicle fuel, home heating oil, and boiler fuel. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2009 
Mrs. CAPITO (for herself and Mr. SHIMKUS) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To require the inclusion of coal-derived fuel at certain vol-
umes in aviation fuel, motor vehicle fuel, home heating 
oil, and boiler fuel. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Coal-Derived 
Fuels for Energy Security Act of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CLEAN COAL-DERIVED FUEL.— 
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(A) IN GENERAL.—The term ‘‘clean coal- 
derived fuel’’ means aviation fuel, motor vehicle 
fuel, home heating oil, or boiler fuel that is— 
(i) substantially derived from the coal 
resources of the United States; and 
(ii) refined or otherwise processed at a 
facility located in the United States that 
captures up to 100 percent of the carbon 
dioxide emissions that would otherwise be 
released at the facility. 
(B) INCLUSIONS.—The term ‘‘clean coal- 
derived fuel’’ may include any other resource 
that is extracted, grown, produced, or recovered 
in the United States. 
(2) COVERED FUEL.—The term ‘‘covered fuel’’ 
means— 
(A) aviation fuel; 
(B) motor vehicle fuel; 
(C) home heating oil; and 
(D) boiler fuel. 
(3) SMALL REFINERY.—The term ‘‘small refin-
ery’’ means a refinery for which the average aggre-
gate daily crude oil throughput for a calendar year 
(as determined by dividing the aggregate throughput 
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for the calendar year by the number of days in the 
calendar year) does not exceed 75,000 barrels. 
SEC. 3. CLEAN COAL-DERIVED FUEL PROGRAM. 
(a) PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the President 
shall promulgate regulations to ensure that covered 
fuel sold or introduced into commerce in the United 
States (except in noncontiguous States or terri-
tories), on an annual average basis, contains the ap-
plicable volume of clean coal-derived fuel determined 
in accordance with paragraph (4). 
(2) PROVISIONS OF REGULATIONS.—Regardless 
of the date of promulgation, the regulations promul-
gated under paragraph (1)— 
(A) shall contain compliance provisions ap-
plicable to refineries, blenders, distributors, and 
importers, as appropriate, to ensure that— 
(i) the requirements of this subsection 
are met; and 
(ii) clean coal-derived fuels produced 
from facilities for the purpose of compli-
ance with this Act result in life cycle 
greenhouse gas emissions that are not 
greater than gasoline; and 
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(B) shall not— 
(i) restrict geographic areas in the 
contiguous United States in which clean 
coal-derived fuel may be used; or 
(ii) impose any per-gallon obligation 
for the use of clean coal-derived fuel. 
(3) RELATIONSHIP TO OTHER REGULATIONS.— 
Regulations promulgated under this paragraph shall, 
to the maximum extent practicable, incorporate the 
program structure, compliance and reporting re-
quirements established under the final regulations 
promulgated to implement the renewable fuel pro-
gram established by the amendment made by section 
1501(a)(2) of the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 1067). 
(4) APPLICABLE VOLUME.— 
(A) CALENDAR
YEARS
2015
THROUGH 
2022.—For the purpose of this subsection, the 
applicable volume for any of calendar years 
2015 through 2022 shall be determined in ac-
cordance with the following table: 
Applicable volume of 
clean coal-derived fuel 
Calendar year: 
(in billions of gallons): 
2015 ...................................................................................................
0.75
2016 ...................................................................................................
1.5
2017 ...................................................................................................
2.25
2018 ...................................................................................................
3.00
2019 ...................................................................................................
3.75
2020 ...................................................................................................
4.5
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Applicable volume of 
clean coal-derived fuel 
Calendar year: 
(in billions of gallons): 
2021 ...................................................................................................
5.25
2022 ...................................................................................................
6.0. 
(B) CALENDAR
YEAR
2023
AND
THERE-
AFTER.—Subject to subparagraph (C), for the 
purposes of this subsection, the applicable vol-
ume for calendar year 2023 and each calendar 
year thereafter shall be determined by the 
President, in coordination with the Secretary 
and the Administrator of the Environmental 
Protection Agency, based on a review of the im-
plementation of the program during calendar 
years 2015 through 2022, including a review 
of— 
(i) the impact of clean coal-derived 
fuels on the energy security of the United 
States; 
(ii) the expected annual rate of future 
production of clean coal-derived fuels; and 
(iii) the impact of the use of clean 
coal-derived fuels on other factors, includ-
ing job creation, rural economic develop-
ment, and the environment. 
(C) MINIMUM APPLICABLE VOLUME.—For 
the purpose of this subsection, the applicable 
volume for calendar year 2023 and each cal-
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