702
Applicable volume of
renewable fuel
‘‘Calendar year
(in billions of gallons)
2010 ...................................................................................................
4.4
2011 ...................................................................................................
4.7
2012 ...................................................................................................
5.0
‘‘(ii) CALENDAR
YEAR
2013
AND
THEREAFTER.—For the purpose of sub-
paragraph (A), the applicable volume for
calendar year 2013 and each calendar year
thereafter shall be equal to the product ob-
tained by multiplying—
‘‘(I) the number of gallons of
gasoline that the Administrator esti-
mates will be sold or introduced into
commerce in the calendar year; and
‘‘(II) the ratio that—
‘‘(aa) 5.0 billion gallons of
renewable fuels; bears to
‘‘(bb) the number of gallons
of gasoline sold or introduced
into commerce in calendar year
2012.
‘‘(3) NON-CONTIGUOUS STATE OPT-IN.—Upon
the petition of a non-contiguous State, the Adminis-
trator may allow the renewable fuel program estab-
lished by subtitle A of title XV of the Energy Policy
Act of 2005 to apply in such non-contiguous State
703
at the same time or any time after the Adminis-
trator promulgates regulations under paragraph (2).
The Administrator may promulgate or revise regula-
tions under paragraph (2), establish applicable per-
centages under paragraph (4), provide for the gen-
eration of credits under paragraph (6), and take
such other actions as may be necessary to allow for
the application of the renewable fuels program in a
non-contiguous State.
‘‘(4) APPLICABLE PERCENTAGES.—
‘‘(A) PROVISION
OF
ESTIMATE
OF
VOL-
UMES OF GASOLINE SALES.—Not later than Oc-
tober 31 of each of calendar years 2005
through 2011, the Administrator of the Energy
Information Administration shall provide to the
Administrator of the Environmental Protection
Agency an estimate of the volumes of gasoline
that will be sold or introduced into commerce in
the United States during the following calendar
year.
‘‘(B) DETERMINATION
OF
APPLICABLE
PERCENTAGES.—
‘‘(i) IN
GENERAL.—Not later than
November 30 of each of the calendar years
2005 through 2011, based on the estimate
704
provided under subparagraph (A), the Ad-
ministrator shall determine and publish in
the Federal Register, with respect to the
following calendar year, the renewable fuel
obligation that ensures that the require-
ments of paragraph (2) are met.
‘‘(ii) REQUIRED ELEMENTS.—The re-
newable fuel obligation determined for a
calendar year under clause (i) shall—
‘‘(I) be applicable to refiners,
blenders, and importers, as appro-
priate;
‘‘(II) be expressed in terms of a
volume percentage of gasoline sold or
introduced into commerce; and
‘‘(III) subject to subparagraph
(C)(i), consist of a single applicable
percentage that applies to all cat-
egories of persons specified in sub-
clause (I).
‘‘(C) ADJUSTMENTS.—In determining the
applicable percentage for a calendar year, the
Administrator shall make adjustments—
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‘‘(i) to prevent the imposition of re-
dundant obligations to any person specified
in subparagraph (B)(ii)(I); and
‘‘(ii) to account for the use of renew-
able fuel during the previous calendar year
by small refineries that are exempt under
paragraph (11).
‘‘(5) EQUIVALENCY.—For the purpose of para-
graph (2), 1 gallon of either cellulosic biomass eth-
anol or waste derived ethanol—
‘‘(A) shall be considered to be the equiva-
lent of 1.5 gallon of renewable fuel; or
‘‘(B) if the cellulostic biomass ethanol or
waste derived ethanol is derived from agricul-
tural residue or wood residue or is an agricul-
tural byproduct (as that term is used in section
919 of the Energy Policy Act of 2005), shall be
considered to be the equivalent of 2.5 gallons of
renewable fuel.
‘‘(6) CREDIT PROGRAM.—
‘‘(A) IN GENERAL.—The regulations pro-
mulgated to carry out this subsection shall pro-
vide for the generation of an appropriate
amount of credits by any person that refines,
blends, or imports gasoline that contains a