H. R. 6—480
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this paragraph, the Secretary of 
Energy shall conduct for the Administrator a study 
assessing whether the renewable fuel requirement under 
paragraph (2) will likely result in significant adverse 
impacts on consumers in 2006, on a national, regional, 
or State basis. 
‘‘(B) 
REQUIRED
EVALUATIONS.—The 
study 
shall 
evaluate renewable fuel— 
‘‘(i) supplies and prices; 
‘‘(ii) blendstock supplies; and 
‘‘(iii) supply and distribution system capabilities. 
‘‘(C) RECOMMENDATIONS BY THE SECRETARY.—Based on 
the results of the study, the Secretary of Energy shall 
make specific recommendations to the Administrator con-
cerning waiver of the requirements of paragraph (2), in 
whole or in part, to prevent any adverse impacts described 
in subparagraph (A). 
‘‘(D) WAIVER.— 
‘‘(i) IN GENERAL.—Not later than 270 days after 
the date of enactment of this paragraph, the Adminis-
trator shall, if and to the extent recommended by the 
Secretary of Energy under subparagraph (C), waive, 
in whole or in part, the renewable fuel requirement 
under paragraph (2) by reducing the national quantity 
of renewable fuel required under paragraph (2) in cal-
endar year 2006. 
‘‘(ii) NO
EFFECT
ON
WAIVER
AUTHORITY.—Clause 
(i) does not limit the authority of the Administrator 
to waive the requirements of paragraph (2) in whole, 
or in part, under paragraph (7). 
‘‘(9) SMALL REFINERIES.— 
‘‘(A) TEMPORARY EXEMPTION.— 
‘‘(i) IN GENERAL.—The requirements of paragraph 
(2) shall not apply to small refineries until calendar 
year 2011. 
‘‘(ii) EXTENSION OF EXEMPTION.— 
‘‘(I) STUDY
BY
SECRETARY
OF
ENERGY.—Not 
later than December 31, 2008, the Secretary of 
Energy shall conduct for the Administrator a study 
to determine whether compliance with the require-
ments of paragraph (2) would impose a dispropor-
tionate economic hardship on small refineries. 
‘‘(II) EXTENSION OF EXEMPTION.—In the case 
of a small refinery that the Secretary of Energy 
determines under subclause (I) would be subject 
to a disproportionate economic hardship if required 
to comply with paragraph (2), the Administrator 
shall extend the exemption under clause (i) for 
the small refinery for a period of not less than 
2 additional years. 
‘‘(B) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC 
HARDSHIP.— 
‘‘(i) EXTENSION OF EXEMPTION.—A small refinery 
may at any time petition the Administrator for an 
extension of the exemption under subparagraph (A) 
for the reason of disproportionate economic hardship.
H. R. 6—481
‘‘(ii) EVALUATION OF PETITIONS.—In evaluating a 
petition under clause (i), the Administrator, in con-
sultation with the Secretary of Energy, shall consider 
the findings of the study under subparagraph (A)(ii) 
and other economic factors. 
‘‘(iii) DEADLINE
FOR
ACTION
ON
PETITIONS.—The 
Administrator shall act on any petition submitted by 
a small refinery for a hardship exemption not later 
than 90 days after the date of receipt of the petition. 
‘‘(C) CREDIT PROGRAM.—If a small refinery notifies the 
Administrator that the small refinery waives the exemption 
under subparagraph (A), the regulations promulgated 
under paragraph (2)(A) shall provide for the generation 
of credits by the small refinery under paragraph (5) begin-
ning in the calendar year following the date of notification. 
‘‘(D) OPT-IN FOR SMALL REFINERIES.—A small refinery 
shall be subject to the requirements of paragraph (2) if 
the small refinery notifies the Administrator that the small 
refinery waives the exemption under subparagraph (A). 
‘‘(10) ETHANOL MARKET CONCENTRATION ANALYSIS.— 
‘‘(A) ANALYSIS.— 
‘‘(i) IN GENERAL.—Not later than 180 days after 
the date of enactment of this paragraph, and annually 
thereafter, the Federal Trade Commission shall per-
form a market concentration analysis of the ethanol 
production industry using the Herfindahl-Hirschman 
Index to determine whether there is sufficient competi-
tion among industry participants to avoid price-setting 
and other anticompetitive behavior. 
‘‘(ii) SCORING.—For the purpose of scoring under 
clause (i) using the Herfindahl-Hirschman Index, all 
marketing arrangements among industry participants 
shall be considered. 
‘‘(B) REPORT.—Not later than December 1, 2005, and 
annually thereafter, the Federal Trade Commission shall 
submit to Congress and the Administrator a report on 
the results of the market concentration analysis performed 
under subparagraph (A)(i).’’. 
(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)’’ each 
place it appears and inserting ‘‘(n), or (o)’’; 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)’’ each place it appears and inserting ‘‘(n), and (o)’’. 
(c) EXCLUSION FROM ETHANOL WAIVER.—Section 211(h) of the 
Clean Air Act (42 U.S.C. 7545(h)) is amended— 
(1) by redesignating paragraph (5) as paragraph (6); and 
(2) by inserting after paragraph (4) the following: 
‘‘(5) EXCLUSION FROM ETHANOL WAIVER.— 
‘‘(A) PROMULGATION OF REGULATIONS.—Upon notifica-
tion, accompanied by supporting documentation, from the 
Governor of a State that the Reid vapor pressure limitation 
established by paragraph (4) will increase emissions that 
contribute to air pollution in any area in the State, the
H. R. 6—482
Administrator shall, by regulation, apply, in lieu of the 
Reid vapor pressure limitation established by paragraph 
(4), the Reid vapor pressure limitation established by para-
graph (1) to all fuel blends containing gasoline and 10 
percent denatured anhydrous ethanol that are sold, offered 
for sale, dispensed, supplied, offered for supply, trans-
ported, or introduced into commerce in the area during 
the high ozone season. 
‘‘(B) DEADLINE
FOR
PROMULGATION.—The Adminis-
trator shall promulgate regulations under subparagraph 
(A) not later than 90 days after the date of receipt of 
a notification from a Governor under that subparagraph. 
‘‘(C) EFFECTIVE DATE.— 
‘‘(i) IN GENERAL.—With respect to an area in a 
State for which the Governor submits a notification 
under subparagraph (A), the regulations under that 
subparagraph shall take effect on the later of— 
‘‘(I) the first day of the first high ozone season 
for the area that begins after the date of receipt 
of the notification; or 
‘‘(II) 1 year after the date of receipt of the 
notification. 
‘‘(ii) EXTENSION
OF
EFFECTIVE
DATE
BASED
ON 
DETERMINATION OF INSUFFICIENT SUPPLY.— 
‘‘(I) IN GENERAL.—If, after receipt of a notifica-
tion with respect to an area from a Governor of 
a State under subparagraph (A), the Administrator 
determines, on the Administrator’s own motion or 
on petition of any person and after consultation 
with the Secretary of Energy, that the promulga-
tion of regulations described in subparagraph (A) 
would result in an insufficient supply of gasoline 
in the State, the Administrator, by regulation— 
‘‘(aa) shall extend the effective date of the 
regulations under clause (i) with respect to 
the area for not more than 1 year; and 
‘‘(bb) may renew the extension under item 
(aa) for two additional periods, each of which 
shall not exceed 1 year. 
‘‘(II) DEADLINE FOR ACTION ON PETITIONS.—
The Administrator shall act on any petition sub-
mitted under subclause (I) not later than 180 days 
after the date of receipt of the petition.’’. 
(d) SURVEY OF RENEWABLE FUEL MARKET.— 
(1) SURVEY AND REPORT.—Not later than December 1, 2006, 
and annually thereafter, the Administrator of the Environ-
mental Protection Agency (in consultation with the Secretary 
acting through the Administrator of the Energy Information 
Administration) shall— 
(A) conduct, with respect to each conventional gasoline 
use area and each reformulated gasoline use area in each 
State, a survey to determine the market shares of— 
(i) conventional gasoline containing ethanol; 
(ii) reformulated gasoline containing ethanol; 
(iii) conventional gasoline containing renewable 
fuel; and