H. R. 6—475
‘‘(i) IN GENERAL.—The term ‘renewable fuel’ means 
motor vehicle fuel that— 
‘‘(I)(aa) is produced from grain, starch, oil-
seeds, 
vegetable, 
animal, 
or 
fish 
materials 
including fats, greases, and oils, sugarcane, sugar 
beets, sugar components, tobacco, potatoes, or 
other biomass; or 
‘‘(bb) is natural gas produced from a biogas 
source, including a landfill, sewage waste treat-
ment plant, feedlot, or other place where decaying 
organic material is found; and 
‘‘(II) is used to replace or reduce the quantity 
of fossil fuel present in a fuel mixture used to 
operate a motor vehicle. 
‘‘(ii) 
INCLUSION.—The 
term 
‘renewable 
fuel’ 
includes— 
‘‘(I) cellulosic biomass ethanol and ‘waste 
derived ethanol’; and 
‘‘(II) biodiesel (as defined in section 312(f) of 
the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) 
and any blending components derived from renew-
able fuel (provided that only the renewable fuel 
portion of any such blending component shall be 
considered part of the applicable volume under 
the renewable fuel program established by this 
subsection). 
‘‘(D) SMALL
REFINERY.—The term ‘small refinery’ 
means a refinery for which the average aggregate daily 
crude oil throughput for a calendar year (as determined 
by dividing the aggregate throughput for the calendar year 
by the number of days in the calendar year) does not 
exceed 75,000 barrels. 
‘‘(2) RENEWABLE FUEL PROGRAM.— 
‘‘(A) REGULATIONS.— 
‘‘(i) IN GENERAL.—Not later than 1 year after the 
date of enactment of this paragraph, the Administrator 
shall promulgate regulations to ensure that gasoline 
sold or introduced into commerce in the United States 
(except in noncontiguous States or territories), on an 
annual average basis, contains the applicable volume 
of renewable fuel determined in accordance with 
subparagraph (B). 
‘‘(ii) NONCONTIGUOUS STATE OPT-IN.— 
‘‘(I) IN GENERAL.—On the petition of a non-
contiguous State or territory, the Administrator 
may allow the renewable fuel program established 
under this subsection to apply in the noncontig-
uous State or territory at the same time or any 
time after the Administrator promulgates regula-
tions under this subparagraph. 
‘‘(II) OTHER
ACTIONS.—In carrying out this 
clause, the Administrator may— 
‘‘(aa) issue or revise regulations under this 
paragraph; 
‘‘(bb) establish applicable percentages 
under paragraph (3);
H. R. 6—476
‘‘(cc) provide for the generation of credits 
under paragraph (5); and 
‘‘(dd) take such other actions as are nec-
essary to allow for the application of the 
renewable fuels program in a noncontiguous 
State or territory. 
‘‘(iii) PROVISIONS OF REGULATIONS.—Regardless of 
the date of promulgation, the regulations promulgated 
under clause (i)— 
‘‘(I) 
shall 
contain 
compliance 
provisions 
applicable to refineries, blenders, distributors, and 
importers, as appropriate, to ensure that the 
requirements of this paragraph are met; but 
‘‘(II) shall not— 
‘‘(aa) restrict geographic areas in which 
renewable fuel may be used; or 
‘‘(bb) impose any per-gallon obligation for 
the use of renewable fuel. 
‘‘(iv) REQUIREMENT IN CASE OF FAILURE TO PROMUL-
GATE
REGULATIONS.—If the Administrator does not 
promulgate regulations under clause (i), the percentage 
of renewable fuel in gasoline sold or dispensed to con-
sumers in the United States, on a volume basis, shall 
be 2.78 percent for calendar year 2006. 
‘‘(B) APPLICABLE VOLUME.— 
‘‘(i) CALENDAR YEARS 2006 THROUGH 2012.—For the 
purpose of subparagraph (A), the applicable volume 
for any of calendar years 2006 through 2012 shall 
be determined in accordance with the following table:
Applicable 
volume of 
renewable 
fuel 
‘‘Calendar year: 
(in billions of 
gallons): 
2006 ......................................................................
4.0 
2007 ......................................................................
4.7 
2008 ......................................................................
5.4 
2009 ......................................................................
6.1 
2010 ......................................................................
6.8 
2011 ......................................................................
7.4 
2012 ......................................................................
7.5.
‘‘(ii) CALENDAR YEAR 2013 AND THEREAFTER.—Sub-
ject to clauses (iii) and (iv), for the purposes of subpara-
graph (A), the applicable volume for calendar year 
2013 and each calendar year thereafter shall be deter-
mined by the Administrator, in coordination with the 
Secretary of Agriculture and the Secretary of Energy, 
based on a review of the implementation of the pro-
gram during calendar years 2006 through 2012, 
including a review of— 
‘‘(I) the impact of the use of renewable fuels 
on the environment, air quality, energy security, 
job creation, and rural economic development; and 
‘‘(II) the expected annual rate of future produc-
tion of renewable fuels, including cellulosic eth-
anol.
H. R. 6—477
‘‘(iii) MINIMUM
QUANTITY
DERIVED
FROM
CEL-
LULOSIC BIOMASS.—For calendar year 2013 and each 
calendar year thereafter— 
‘‘(I) the applicable volume referred to in clause 
(ii) shall contain a minimum of 250,000,000 gallons 
that are derived from cellulosic biomass; and 
‘‘(II) the 2.5-to-1 ratio referred to in paragraph 
(4) shall not apply. 
‘‘(iv) MINIMUM APPLICABLE VOLUME.—For the pur-
pose of subparagraph (A), the applicable volume for 
calendar year 2013 and each calendar year thereafter 
shall be equal to the product obtained by multiplying— 
‘‘(I) the number of gallons of gasoline that 
the Administrator estimates will be sold or intro-
duced into commerce in the calendar year; and 
‘‘(II) the ratio that— 
‘‘(aa) 7,500,000,000 gallons of renewable 
fuel; bears to 
‘‘(bb) the number of gallons of gasoline 
sold or introduced into commerce in calendar 
year 2012. 
‘‘(3) APPLICABLE PERCENTAGES.— 
‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE 
SALES.—Not later than October 31 of each of calendar 
years 2005 through 2011, the Administrator of the Energy 
Information Administration shall provide to the Adminis-
trator of the Environmental Protection Agency an estimate, 
with respect to the following calendar year, of the volumes 
of gasoline projected to be sold or introduced into commerce 
in the United States. 
‘‘(B) DETERMINATION OF APPLICABLE PERCENTAGES.— 
‘‘(i) IN GENERAL.—Not later than November 30 of 
each of calendar years 2005 through 2012, based on 
the estimate provided under subparagraph (A), the 
Administrator of the Environmental Protection Agency 
shall determine and publish in the Federal Register, 
with respect to the following calendar year, the renew-
able fuel obligation that ensures that the requirements 
of paragraph (2) are met. 
‘‘(ii) REQUIRED
ELEMENTS.—The renewable fuel 
obligation determined for a calendar year under clause 
(i) shall— 
‘‘(I) be applicable to refineries, blenders, and 
importers, as appropriate; 
‘‘(II) be expressed in terms of a volume 
percentage of gasoline sold or introduced into com-
merce in the United States; and 
‘‘(III) subject to subparagraph (C)(i), consist 
of a single applicable percentage that applies to 
all categories of persons specified in subclause (I). 
‘‘(C) ADJUSTMENTS.—In determining the applicable 
percentage for a calendar year, the Administrator shall 
make adjustments— 
‘‘(i) to prevent the imposition of redundant obliga-
tions on any person specified in subparagraph (B)(ii)(I); 
and