I 
110TH CONGRESS 
2D SESSION 
H. R. 7284 
To amend the Clean Air Act to reduce greenhouse gas emissions from 
transportation fuel sold in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2008 
Mr. LEWIS of Georgia introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to reduce greenhouse gas 
emissions from transportation fuel sold in the United States. 
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 ‘‘National Low-Carbon 
Fuel Standard Act of 2007’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the dependence of the United States on im-
ported oil imposes tremendous burdens on the econ-
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omy, foreign policy, and military of the United 
States; 
(2) according to the Energy Information Ad-
ministration, 60 percent of the crude oil and petro-
leum products consumed in the United States are 
imported; 
(3) the Energy Information Administration 
projects that the total petroleum demand in the 
United States will increase by 23 percent between 
2006 and 2026, while domestic crude oil production 
is expected to decrease by 11 percent, resulting in 
an anticipated 28-percent increase in petroleum im-
ports; 
(4) absent significant action, the United States 
will become more vulnerable to oil price increases 
and more dependent on foreign oil; 
(5) 2⁄3 of all domestic oil use occurs in the 
transportation sector, which is 97 percent reliant on 
petroleum-based fuels; 
(6) passenger vehicles, including light trucks 
under 10,000 pounds gross vehicle weight, represent 
more than 60 percent of the oil used in the trans-
portation sector; 
(7) the oil used in the transportation sector ac-
counts for approximately 1⁄3 of the emissions in the 
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United States of the greenhouse gases that cause 
global warming; 
(8) to avoid catastrophic global warming, the 
United States should take decisive action, in con-
junction with other countries, to reduce greenhouse 
gas emissions by 70 to 80 percent from 1990 levels 
by 2050; 
(9) transitioning the transportation sector in 
the United States to a more efficient use of low-car-
bon petroleum alternatives is essential both to in-
creasing domestic energy security and reducing glob-
al warming pollution, but that transition must be ac-
complished while avoiding adverse impacts on the 
environment; 
(10) A national low-carbon fuel standard alone 
is not sufficient to adequately reduce carbon emis-
sions in the United States. However, in conjunction 
with broader, economy-wide policy options, a low- 
carbon fuel standard is an effective way to capture 
those emissions that might not otherwise be subject 
to law; and 
(11) it is urgent, essential, and feasible to re-
duce emissions of greenhouse gases, enhance na-
tional security by reducing dependence on oil, and 
promote economic well-being without sacrificing 
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land, water, and air quality by enacting energy poli-
cies that motivate environmental performance. 
SEC. 3. NATIONAL LOW-CARBON FUEL STANDARD. 
(a) DEFINITIONS.—Section 241 of the Clean Air Act 
(42 U.S.C. 7581) is amended— 
(1) by striking ‘‘For purposes of this part—’’ 
and inserting ‘‘In this part:’’; 
(2) by redesignating paragraphs (1), (2), (3), 
(4), (5), (6), and (7) as paragraphs (12), (2), (10), 
(1), (4), (5), and (3), respectively, and moving those 
paragraphs so as to appear in numerical order; 
(3) by inserting after paragraph (5) (as redesig-
nated by paragraph (2)) the following: 
‘‘(6) FUEL
EMISSION
BASELINE.—The term 
‘fuel emission baseline’ means the average lifecycle 
greenhouse gas emissions per unit of energy of the 
average of conventional transportation fuels in com-
merce in the United States during the period of cal-
endar years 2005 through 2007. 
‘‘(7) GREENHOUSE GAS.—The term ‘greenhouse 
gas’ means any of— 
‘‘(A) carbon dioxide; 
‘‘(B) methane; 
‘‘(C) nitrous oxide; 
‘‘(D) hydrofluorocarbons; 
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‘‘(E) perfluorocarbons; and 
‘‘(F) sulfur hexafluoride. 
‘‘(8) LIFECYCLE
GREENHOUSE
GAS
EMIS-
SIONS.—The term ‘lifecycle greenhouse gas emis-
sions’ means, with respect to a fuel, the aggregate 
quantity of greenhouse gases emitted during produc-
tion, feedstock extraction, distribution, and use of 
the fuel, as determined by the Administrator. 
‘‘(9) LOW-CARBON FUEL.— 
‘‘(A) IN GENERAL.—The term ‘low-carbon 
fuel’ means fuel produced, to the maximum ex-
tent practicable, in the United States— 
‘‘(i) that meets the requirements of an 
appropriate American Society for Testing 
and Materials standard; and 
‘‘(ii) the lifecycle greenhouse gas emis-
sions of which are lower than the fuel 
emission baseline, as determined by the 
Administrator. 
‘‘(B) EXCLUSIONS.—The term ‘low-carbon 
fuel’ does not include fuel produced from bio-
mass derived from— 
‘‘(i) designated national interest land 
(such as land included in a national wild-
life refuge, national park, national monu-
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ment, national forest, or national grass-
land); or 
‘‘(ii) any— 
‘‘(I) old-growth forest; 
‘‘(II) roadless area within a na-
tional forest; 
‘‘(III) wilderness study area; 
‘‘(IV) protected native grassland; 
or 
‘‘(V) lawfully designated intact, 
rare, threatened, or endangered eco-
system.’’; and 
(4) by inserting after paragraph (10) (as redes-
ignated by paragraph (2)) the following: 
‘‘(11) OBLIGATED PARTY.— 
‘‘(A) IN
GENERAL.—The term ‘obligated 
party’ means an obligated party as described in 
section 80.1106 of title 40, Code of Federal 
Regulations (or a successor regulation). 
‘‘(B) RELATED TERM.—The term ‘any and 
all of the products’, when used with respect to 
an obligated party, means diesel and aviation 
fuel to be included in the volume used to cal-
culate the requirements applicable to the obli-
gated party under section 250.’’. 
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(b) NATIONAL LOW-CARBON FUEL STANDARD.— 
Part C of title II of the Clean Air Act (42 U.S.C. 7581 
et seq.) is amended— 
(1) by redesignating section 250 (42 U.S.C. 
7590) as section 251; and 
(2) by inserting after section 249 (42 U.S.C. 
7589) the following: 
‘‘SEC. 250. NATIONAL LOW-CARBON FUEL STANDARD. 
‘‘(a) IN GENERAL.—Not later than January 1, 2009, 
the Administrator shall, by regulation— 
‘‘(1) establish a fuel emission baseline based on 
the average lifecycle greenhouse gas emissions per 
unit of energy of the average of conventional trans-
portation fuels in commerce in the United States 
during the period of calendar years 2005 through 
2007; 
‘‘(2) identify qualifying low-carbon transpor-
tation fuels based on— 
‘‘(A) whether the lifecycle greenhouse gas 
emissions of a fuel are lower, per unit of energy 
delivered by use of a specific quantity of the 
fuel, than the fuel emission baseline, including 
the percentage greenhouse gas emission reduc-
tion provided by the fuel to the fuel emission 
baseline; 
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‘‘(B) whether a fuel— 
‘‘(i) achieves a substantial reduction 
in petroleum content over the lifecycle of 
the fuel; and 
‘‘(ii) otherwise contributes to the en-
ergy security of the United States; and 
‘‘(C) with respect to calculation of the 
lifecycle greenhouse gas emissions of the fuels 
used in vehicles that run on electricity or a hy-
drogen fuel, the quantity of energy delivered by 
use of the fuel, which shall be determined by 
calculating the product obtained by multi-
plying— 
‘‘(i) a unit of energy delivered by use 
of the electricity or hydrogen fuel; and 
‘‘(ii) an adjustment factor determined 
by the Administrator to reflect the sub-
stantial lifecycle greenhouse gas benefits of 
using the electricity or hydrogen fuel, on a 
per-mile basis, resulting from reasonably 
anticipated energy efficiency of an aver-
age— 
‘‘(I) battery electric vehicle; 
‘‘(II) plug-in hybrid electric vehi-
cle; or 
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‘‘(III) hydrogen fuel cell vehicle; 
and 
‘‘(3) establish a low-carbon fuel certification 
and marketing process— 
‘‘(A) to certify fuels that qualify as low- 
carbon fuels under this section; 
‘‘(B) to make those certifications available 
to consumers; and 
‘‘(C) to label and market low-carbon fuels. 
‘‘(b) ENVIRONMENTAL
SUSTAINABILITY
STAND-
ARDS.—Not later than January 1, 2012, the Adminis-
trator shall also identify qualifying low-carbon transpor-
tation fuels based on environmental sustainability stand-
ards established under section 211(t)(2)(B). 
‘‘(c) REQUIREMENTS APPLICABLE
TO OBLIGATED 
PARTIES.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) CALENDAR
YEARS
2010
THROUGH 
2024.—Not later than January 1, 2010, the Ad-
ministrator shall, by regulation, require each 
obligated party to reduce, through the use of 
low-carbon fuels and improvements in the pro-
duction of conventional fuels, the average 
lifecycle greenhouse gas emissions per unit of 
energy of the aggregate quantity of fuels intro-
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duced into commerce by the obligated party to 
a level that is, as determined by the Adminis-
trator, to the maximum extent practicable— 
‘‘(i) by calendar year 2011, substan-
tially equivalent to the fuel emission base-
line; 
‘‘(ii) by calendar year 2015, substan-
tially equivalent to at least 5 percent below 
the fuel emission baseline; and 
‘‘(iii) by calendar year 2020, substan-
tially equivalent to at least 10 percent 
below the fuel emission baseline. 
‘‘(B) CALENDAR YEAR 2025 AND THERE-
AFTER.—For calendar year 2025, and by not 
later than each fifth calendar year thereafter, 
the Administrator shall, by regulation, require 
each obligated party to reduce the average 
lifecycle greenhouse gas emissions per unit of 
energy of the aggregate quantity of fuels intro-
duced into commerce by the obligated party to 
a level that is, as determined by the Adminis-
trator, at least 13 percent below the fuel emis-
sion baseline (with respect to calendar year 
2025), and at least 2 percent below the most 
recent percentage reduction (with respect to 
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each fifth calendar year thereafter), unless the 
Administrator, in coordination with the Sec-
retary of Agriculture and the Secretary of En-
ergy, establishes an alternative required per-
centage reduction based on— 
‘‘(i) a review of the implementation of 
this paragraph during the period of cal-
endar years 2010 through 2020; 
‘‘(ii) the expected annual rate of fu-
ture production of low-carbon fuel, and 
Category I ultra-low carbon fuel and Cat-
egory II ultra-low carbon fuel (as those 
terms are defined in subsection (p)); and 
‘‘(iii) the practicability of complying 
with environmental sustainability stand-
ards referred to in subsection (b). 
‘‘(2) FAILURE
TO
PROMULGATE
REGULA-
TIONS.—If the Administrator does not promulgate 
regulations in accordance with this subsection, the 
average lifecycle greenhouse gas emissions of the ag-
gregate quantity of fuel introduced by an obligated 
party for calendar year 2012 shall be at least 3 per-
cent below the average lifecycle greenhouse gas emis-
sions of gasoline in commerce in the United States 
during calendar year 2007. 
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‘‘(3) TEMPORARY
SUSPENSION.—An obligated 
party may apply to the Administrator to receive a 
temporary suspension of the requirement to comply 
with this subsection if the obligated party dem-
onstrates to the satisfaction of the Administrator 
that events outside of the control of the obligated 
party could lead or have led to supply disruptions in 
the transportation fuel supply of the United States. 
‘‘(4) ENFORCEMENT; PENALTIES.—In carrying 
out this subsection, the Administrator— 
‘‘(A) shall enforce this subsection in ac-
cordance with the authority of the Adminis-
trator to enforce this Act; and 
‘‘(B) may commence a civil action and as-
sess and collect penalties in accordance with the 
amounts and under the authority described in 
section 205. 
‘‘(d) CREDITS.— 
‘‘(1) IN
GENERAL.—The regulations promul-
gated to carry out this section shall permit obligated 
parties to receive credits for achieving, during a cal-
endar year, greater reductions in lifecycle green-
house gas emissions of the fuel produced, distrib-
uted, or imported by the obligated party than are re-
quired under subsection (c). 
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‘‘(2) METHOD OF CALCULATION.—The number 
of credits received by an obligated party described in 
paragraph (1) for a calendar year shall be calculated 
by multiplying— 
‘‘(A) the aggregate quantity of fuel pro-
duced, distributed, or imported by the obligated 
party in the calendar year; and 
‘‘(B) the difference between— 
‘‘(i) the lifecycle greenhouse gas emis-
sions of that quantity of fuel; and 
‘‘(ii) the maximum lifecycle green-
house gas emissions of that quantity of 
fuel permitted for the calendar year under 
subsection (c).’’. 
SEC. 4. ULTRA-LOW CARBON FUEL STANDARD. 
(a) IN GENERAL.—Section 211 of the Clean Air Act 
(42 U.S.C. 7545) is amended— 
(1) by redesignating the first subsection (r) (re-
lating to fuel and fuel additive importers and impor-
tation) as subsection (v) and moving that subsection 
so as to appear at the end of the section; and 
(2) by inserting after subsection (o) the fol-
lowing: 
‘‘(p) ULTRA-LOW CARBON FUEL STANDARD.— 
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‘‘(1) DEFINITIONS.—In this subsection and 
subsection (t): 
‘‘(A) CATEGORY
I
ULTRA-LOW
CARBON 
FUELS.— 
‘‘(i) IN
GENERAL.—The term ‘Cat-
egory I ultra-low carbon fuel’ means fuel 
produced in the United States— 
‘‘(I) that meets the requirements 
of an appropriate American Society 
for Testing and Materials standard; 
and 
‘‘(II) the lifecycle greenhouse gas 
emissions of which are at least 50 per-
cent lower than the average lifecycle 
greenhouse gas emissions of conven-
tional transportation fuel, as deter-
mined by the Administrator. 
‘‘(ii) EXCLUSIONS.—The term ‘Cat-
egory I ultra-low carbon fuel’ does not in-
clude fuel produced from biomass derived 
from— 
‘‘(I) designated national interest 
land (such as land included in a na-
tional wildlife refuge, national park, 
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national monument, national forest, 
or national grassland); or 
‘‘(II) any— 
‘‘(aa) old-growth forest; 
‘‘(bb) roadless area within a 
national forest; 
‘‘(cc) wilderness study area; 
‘‘(dd) protected native grass-
land; or 
‘‘(ee) lawfully-designated in-
tact, rare, threatened, or endan-
gered ecosystem. 
‘‘(B) CATEGORY
II
ULTRA-LOW
CARBON 
FUEL.— 
‘‘(i) IN
GENERAL.—The term ‘Cat-
egory II ultra-low carbon fuel’ means any 
fuel produced in the United States— 
‘‘(I) that meets the requirements 
of an appropriate American Society 
for Testing and Materials standard; 
and 
‘‘(II) the average lifecycle green-
house gas emissions of which are at 
least 75 percent lower than the aver-
age lifecycle greenhouse gas emissions 
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of conventional transportation fuel, as 
determined by the Administrator. 
‘‘(ii) EXCLUSIONS.—The term ‘Cat-
egory II ultra-low carbon fuel’ does not in-
clude fuel produced from biomass derived 
from— 
‘‘(I) designated national interest 
land (such as land included in a na-
tional wildlife refuge, national park, 
national monument, national forest, 
or national grassland); or 
‘‘(II) any— 
‘‘(aa) old-growth forest; 
‘‘(bb) roadless area within a 
national forest; 
‘‘(cc) wilderness study area; 
‘‘(dd) protected native grass-
land; or 
‘‘(ee) lawfully designated in-
tact, rare, threatened, or endan-
gered ecosystem. 
‘‘(C) 
CONVENTIONAL
TRANSPORTATION 
FUEL.—The term ‘conventional transportation 
fuel’ means any fossil-fuel based transportation 
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fuel used in the United States as of the date of 
enactment of this subsection. 
‘‘(D) LOW-CARBON FUEL.—The term ‘low- 
carbon fuel’ has the meaning given the term in 
section 241. 
‘‘(2) ULTRA-LOW CARBON FUEL.— 
‘‘(A) REGULATIONS.— 
‘‘(i) IN GENERAL.—Not later than 3 
years after the date of enactment of this 
subsection, the Administrator shall promul-
gate regulations to ensure that fuel sold or 
introduced into commerce in the United 
States (except in noncontiguous States or 
territories), on an annual average basis, 
contains at least the applicable volume of 
ultra-low carbon fuel determined in accord-
ance with subparagraph (B). 
‘‘(ii) PROVISIONS OF REGULATIONS.— 
Regardless of the date of promulgation, 
the regulations promulgated under clause 
(i)— 
‘‘(I) shall contain compliance pro-
visions applicable to obligated parties, 
as appropriate, to ensure that the re-
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quirements of this paragraph are met; 
but 
‘‘(II) shall not— 
‘‘(aa) 
restrict 
geographic 
areas in which low-carbon trans-
portation fuel and ultra-low car-
bon fuel may be used; or 
‘‘(bb) impose any per-gallon 
obligation for the use of those 
fuels. 
‘‘(B) APPLICABLE VOLUME.— 
‘‘(i) CALENDAR YEARS 2012 THROUGH 
2025.—For the purpose of subparagraph 
(A), the applicable volume of Category I 
ultra-low carbon fuel and Category II 
ultra-low carbon fuel for any of calendar 
years 2012 through 2025 shall be deter-
mined in accordance with the following 
table: 
‘‘Calendar year 
Total applicable 
volume of Category I 
ultra-low carbon fuel 
(billions of gallons) 
Total applicable 
volume of Category II 
ultra-low carbon fuel 
(billions of gallons) 
2012 
0.5 
0.25 
2014 
1.5 
0.75 
2016 
3.0 
1.5
2018 
5.0 
2.5
2020 
8.0 
4.0
2022 
11.0 
6.0
2025 
13.0 
8.0.
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