I 
111TH CONGRESS 
1ST SESSION H. R. 1787 
To amend the Clean Air Act regarding transportation fuels and establishment 
of a low carbon fuel standard. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2009 
Mr. INSLEE introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Clean Air Act regarding transportation fuels 
and establishment of a low carbon fuel standard. 
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 ‘‘Low Carbon Fuel 
Standard Act of 2009’’. 
SEC. 2. LOW CARBON FUEL STANDARD. 
At the end of title II of the Clean Air Act (42 U.S.C. 
7521 et seq.) is amended by adding at the end the fol-
lowing: 
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‘‘SEC. 841. LOW CARBON FUEL STANDARD. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) FUEL
EMISSION
BASELINE.—The term 
‘fuel emission baseline’ means the average lifecycle 
greenhouse gas emissions per unit of energy, as de-
termined by the Administrator, of all transportation 
fuels sold or introduced into commerce in any of the 
50 States or the District of Columbia in calendar 
year 2005. 
‘‘(2) 
TRANSPORTATION
FUEL.—The 
term 
‘transportation fuel’ means fuel for use in motor ve-
hicles, motor vehicle engines, nonroad vehicles, 
nonroad engines, and aircraft. The Administrator 
may, at his discretion, include fuel for use in ocean- 
going vessels and adjust the fuel emission baseline 
as appropriate to reflect the inclusion of such fuel. 
‘‘(3) TRANSPORTATION FUEL PROVIDER.—The 
term ‘transportation fuel provider’ includes any indi-
vidual or entity that produces, refines, blends, or im-
ports any transportation fuel. 
‘‘(b) REGULATIONS.— 
‘‘(1) STANDARD.—Not later than 3 years after 
enactment of this section, the Administrator shall 
promulgate regulations under section 211(c) and 
this section that— 
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‘‘(A) determine the lifecycle greenhouse 
gas emissions of all transportation fuels; 
‘‘(B) determine the fuel emission baseline; 
‘‘(C) apply to refineries, blenders, and im-
porters, as appropriate, and to such other 
transportation fuel providers as determined by 
the Administrator; 
‘‘(D) ensure that, for each year from 2014 
through 2022, the annual average lifecycle 
greenhouse gas emissions, per unit of energy as 
determined by the Administrator, of transpor-
tation fuel, excluding renewable fuel used to 
meet the obligations of section 211(o), sold or 
introduced into commerce by such transpor-
tation fuel providers in any of the 50 States or 
the District of Columbia, does not exceed the 
fuel emission baseline; and 
‘‘(E) ensure that, for 2023 and each year 
thereafter, such transportation fuel providers 
reduce the annual average lifecycle greenhouse 
gas emissions, per unit of energy as determined 
by the Administrator, for transportation fuel 
that is sold or introduced into commerce in any 
of the 50 States or the District of Columbia, to 
the maximum extent practicable, taking into 
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consideration cost, energy, and other environ-
mental factors, and that— 
‘‘(i) for calendar year 2023 and later, 
the annual average lifecycle greenhouse gas 
emissions is at least 5 percent below the 
fuel emission baseline; and 
‘‘(ii) for calendar year 2030 and later, 
the annual average lifecycle greenhouse gas 
emissions is at least 10 percent below the 
fuel emission baseline. 
‘‘(2) REVIEW.—The Administrator shall from 
time to time, but no less than every 5 years begin-
ning in 2020, review and revise as appropriate the 
annual average lifecycle greenhouse gas emission re-
quirements of the regulations issued under this sub-
section. 
‘‘(3) 
PROVISIONS.—The 
regulations 
issued 
under this subsection— 
‘‘(A) shall contain compliance provisions 
applicable to transportation fuel providers and 
other persons, as appropriate, to ensure that 
the requirements of this subsection are met; 
‘‘(B) shall not impose any per-gallon obli-
gation regarding the amount of lifecycle green-
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house gas emissions per unit of energy as deter-
mined by the Administrator; and 
‘‘(C) shall set the lifecycle greenhouse gas 
emissions of biofuels derived from biomass 
other than renewable biomass at a level no 
higher than the fuel emission baseline. 
‘‘(4) ELECTION TO PARTICIPATE.— 
‘‘(A) PARTICIPATION.—For any transpor-
tation fuel provider which the Administrator 
has not yet determined to be subject to the reg-
ulations under this subsection, and for any pro-
vider of a non-transportation fuel, the Adminis-
trator, at his discretion, may allow the fuel pro-
vider to elect to participate in the program 
under this subsection, subject to requirements 
established by the regulation. 
‘‘(B) REGULATORY PROVISIONS.—Regula-
tions implementing this paragraph shall in-
clude— 
‘‘(i) provisions for tracking of the fuel 
used for transportation purposes separately 
from fuel used for other purposes; and 
‘‘(ii) any other provisions determined 
appropriate by the Administrator to carry 
out this paragraph. 
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‘‘(c) CREDITS.— 
‘‘(1) IN GENERAL.—The regulations under sub-
section (b) shall permit transportation fuel providers 
to generate credits for achieving, during a calendar 
year, greater reductions for the fuel produced or im-
ported by the fuel provider than are required by 
such regulations. The Administrator shall determine 
the appropriate amount of credits and appropriate 
conditions, if any, on the duration, trading, and use 
of credits. The Administrator shall, with appropriate 
conditions, allow the use of credits or renewable 
identification numbers generated under section 
211(o). 
‘‘(2) ELECTRICITY.—The Administrator may, 
at his discretion, issue regulations providing for— 
‘‘(A) the generation of credits for elec-
tricity used as a transportation fuel and gen-
erated by a source other than the vehicle; and 
‘‘(B) the assignment of those credits to the 
manufacturers or importers of such vehicles or 
to other persons as deemed appropriate by the 
Administrator. 
‘‘(3) COMPLIANCE.—Each transportation fuel 
provider subject to the regulations promulgated 
under this section shall demonstrate compliance, in-
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cluding, as necessary, through the use of credits 
generated, banked or purchased. 
‘‘(4) INABILITY TO GENERATE OR PURCHASE 
SUFFICIENT
CREDITS.—A transportation fuel pro-
vider that is unable to generate or purchase suffi-
cient credits to meet the requirements of the regula-
tions under subsection (b) may carry the compliance 
deficit forward, subject to the condition that the fuel 
provider, for the calendar year following the year for 
which the deficit is created— 
‘‘(A) achieves compliance; and 
‘‘(B) generates or purchases additional 
credits to offset the deficit from the preceding 
calendar year. 
‘‘(d) WAIVERS.—The Administrator, in consultation 
with the Secretary of Agriculture and the Secretary of En-
ergy, may waive the requirements of the regulations under 
subsection (b) in whole or in part on petition by one or 
more States, by any person subject to the requirements 
of this section, or by the Administrator on his own motion 
by revising the average lifecycle greenhouse gas emissions 
reduction required through regulations under subsection 
(b) based on a determination by the Administrator, after 
public notice and opportunity for comment, that— 
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‘‘(1) implementation of the requirement would 
severely harm the economy or environment of a 
State, a region, or the United States; or 
‘‘(2) there is an inadequate domestic supply of 
fuels to meet the requirements of this section. 
‘‘(e) ENVIRONMENTAL AND RESOURCE CONSERVA-
TION IMPACTS.—Not later than 2 years after the promul-
gation of regulations under subsection (b), the Adminis-
trator shall complete a study to determine the environ-
mental and resource conservation impacts of the require-
ments of such regulations, including impacts on air and 
water quality. 
‘‘(f) ENERGY SECURITY AND LEAKAGE.—Not later 
than 18 months after the promulgation of regulations 
under subsection (b), the Administrator shall complete a 
study to determine the effect of the requirements of such 
regulations on energy security. The study shall also assess 
the potential shifting of fuel feedstocks and fuel products 
internationally as a result of such requirements and shall 
determine the environmental and energy security implica-
tions of such leakage. 
‘‘(g) TRANSITION.—Section 211(o) shall not apply to 
fuel sold or introduced into commerce after December 31, 
2022. Notwithstanding the preceding sentence, the defini-
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tions in section 211(o) shall continue to apply except as 
otherwise noted.’’. 
Æ 
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