‘‘(A) IN
GENERAL.—Paragraph (2) shall 
not apply to small refineries until the first cal-
endar year beginning more than 5 years after 
the first year set forth in the table in paragraph 
(2)(B)(i). 
‘‘(B) STUDY.—Not later than December 
31, 2008, the Secretary of Energy shall com-
plete for the Administrator a study to deter-
mine whether the requirements under para-
graph (2) would impose a disproportionate eco-
nomic hardship on small refineries. 
‘‘(C) SMALL REFINERIES AND ECONOMIC 
HARDSHIP.—For any small refinery that the 
Secretary of Energy determines would experi-
ence a disproportionate economic hardship, the 
Administrator shall extend the small refinery 
exemption for the small refinery for not less 
than 2 additional years. 
‘‘(D) ECONOMIC HARDSHIP.— 
‘‘(i) EXTENSION OF EXEMPTION.—A 
small refinery may at any time petition the 
Administrator for an extension of the ex-
emption from the requirements under 
paragraph (2) for the reason of dispropor-
tionate economic hardship.
‘‘(ii) EVALUATION.—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. 
‘‘(iii) DEADLINE FOR ACTION ON PE-
TITIONS.—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. 
‘‘(E) 
CREDIT
PROGRAM.—Paragraph 
(6)(A)(iii) shall apply to each small refinery 
that waives an exemption under this paragraph. 
‘‘(F) OPT-IN
FOR
SMALL
REFINERS.—A 
small refinery shall be subject to paragraph (2) 
if the small refinery notifies the Administrator 
that the small refinery waives the exemption 
under subparagraph (C).’’. 
(b) 
PENALTIES
AND
ENFORCEMENT.—Section 
211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is 
amended— 
(1) in paragraph (1)— 
(A) in the first sentence, by striking ‘‘or 
(n)’’ and inserting ‘‘(n), or (o)’’ each place it 
appears; and
(B) in the second sentence, by striking ‘‘or 
(m)’’ and inserting ‘‘(m), or (o)’’; and 
(2) in the first sentence of paragraph (2), by 
striking ‘‘and (n)’’ and inserting ‘‘(n), and (o)’’ each 
place it appears. 
SEC. 102. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE 
AND 
BIODIESEL 
PURCHASING 
REQUIRE-
MENT. 
Title III of the Energy Policy Act of 1992 is amended 
by striking section 306 (42 U.S.C. 13215) and inserting 
the following: 
‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASO-
LINE AND BIODIESEL PURCHASING REQUIRE-
MENT. 
‘‘(a) ETHANOL-BLENDED GASOLINE.—The head of 
each Federal agency shall ensure that, in areas in which 
ethanol-blended gasoline is reasonably available at a gen-
erally competitive price, the Federal agency purchases eth-
anol-blended gasoline containing at least 10 percent eth-
anol rather than nonethanol-blended gasoline, for use in 
vehicles used by the agency that use gasoline. 
‘‘(b) BIODIESEL.— 
‘‘(1) DEFINITION OF BIODIESEL.—In this sub-
section, the term ‘biodiesel’ has the meaning given 
the term in section 312(f).
‘‘(2) REQUIREMENT.—The head of each Fed-
eral agency shall ensure that the Federal agency 
purchases, for use in fueling fleet vehicles that use 
diesel fuel used by the Federal agency at the loca-
tion at which fleet vehicles of the Federal agency are 
centrally fueled, in areas in which the biodiesel- 
blended diesel fuel described in subparagraphs (A) 
and (B) is available at a generally competitive 
price— 
‘‘(A) as of the date that is 5 years after 
the date of enactment of this paragraph, bio-
diesel-blended diesel fuel that contains at least 
2 percent biodiesel, rather than nonbiodiesel- 
blended diesel fuel; and 
‘‘(B) as of the date that is 10 years after 
the date of enactment of this paragraph, bio-
diesel-blended diesel fuel that contains at least 
20 percent biodiesel, rather than nonbiodiesel- 
blended diesel fuel. 
‘‘(3) REQUIREMENT
OF
FEDERAL
LAW.—The 
provisions of this subsection shall not be considered 
a requirement of Federal law for the purposes of 
section 312.
‘‘(c) EXEMPTION.—This section does not apply to 
fuel used in vehicles excluded from the definition of ‘fleet’ 
by subparagraphs (A) through (H) of section 301(9).’’. 
SEC. 103. DATA COLLECTION. 
Section 205 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7135) is amended by adding at the 
end the following: 
‘‘(m)(1) In order to improve the ability to evaluate 
the effectiveness of the renewable fuels mandate of the 
United States, the Administrator shall conduct and pub-
lish the results of a survey of renewable fuels demand in 
the motor vehicle fuels market in the United States 
monthly, and in a manner designed to protect the con-
fidentiality of individual responses. 
‘‘(2) In conducting the survey, the Administrator 
shall collect information both on a national and regional 
basis, including— 
‘‘(A) information on— 
‘‘(i) the quantity of renewable fuels pro-
duced; 
‘‘(ii) the quantity of renewable fuels blend-
ed; 
‘‘(iii) the quantity of renewable fuels im-
ported; and