400 
nitrogen oxides under clause (i) is technically infeasible, con-
sidering the other requirements applicable under this sub-
section to reformulated gasoline, the Administrator may, as 
appropriate to ensure compliance with this subparagraph, ad-
just (or waive entirely), any other requirements of this para-
graph or any requirements applicable under paragraph 
(4)(B). 
(C) BENZENE CONTENT.—The benzene content of the reformu-
lated gasoline shall not exceed 1.0 percent by volume. 
(D) HEAVY METALS.— 
(i) IN GENERAL.—The reformulated gasoline shall have no 
heavy metals, including lead or manganese. 
(ii) WAIVER.—The Administrator may waive the prohibi-
tion contained in clause (i) for a heavy metal (other than 
lead) if the Administrator determines that addition of the 
heavy metal to the reformulated gasoline will not increase, on 
an aggregate mass or cancer-risk basis, toxic air pollutant 
emissions from motor vehicles. 
(4) MORE
STRINGENT
OF
FORMULA
OR
PERFORMANCE
STAND-
ARDS.— 
(A) IN GENERAL.—The regulations under paragraph (2) shall 
require compliance with the more stringent of the requirements set 
forth in subparagraph (B) or the requirements of subparagraph 
(C). For purposes of determining the more stringent provision, 
subclauses (I) and (II) of subparagraph (C)(i) shall be considered 
independently. 
(B) FORMULA.— 
(i) BENZENE.—The benzene content of the reformulated 
gasoline shall not exceed 1.0 percent by volume. 
(ii) AROMATICS.—The aromatic hydrocarbon content of the 
reformulated gasoline shall not exceed 25 percent by volume. 
(iii) LEAD.—The reformulated gasoline shall have no lead 
content. 
(iv) DETERGENTS.—The reformulated gasoline shall con-
tain additives to prevent the accumulation of deposits in en-
gines or vehicle fuel supply systems. 
(C) PERFORMANCE STANDARD.— 
(i) IN GENERAL.— 
(I) VOLATILE ORGANIC COMPOUND EMISSIONS.— 
(aa) IN GENERAL.—During the high ozone season 
(as defined by the Administrator), the aggregate 
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emissions of ozone-forming volatile organic com-
pounds from baseline vehicles when using the refor-
mulated gasoline shall be 25 percent below the ag-
gregate emissions of ozone-forming volatile organic 
compounds from baseline vehicles when using base-
line gasoline. 
(bb) ADJUSTMENT.—The Administrator may ad-
just the 25 percent requirement under item (aa) to 
provide for a lesser or greater reduction based on 
technological feasibility, considering the cost of 
achieving the reductions in emissions of volatile or-
ganic compounds. No such adjustment shall provide 
for less than a 20 percent reduction below the ag-
gregate emissions of volatile organic compounds 
from baseline vehicles when using baseline gasoline. 
(cc) MASS BASIS.—The reductions required under 
this subclause shall be on a mass basis. 
(II) TOXIC AIR POLLUTANTS.— 
(aa) IN GENERAL.—During the entire year, the 
aggregate emissions of toxic air pollutants from 
baseline vehicles when using the reformulated gaso-
line shall be 25 percent below the aggregate emis-
sions of toxic air pollutants from baseline vehicles 
when using baseline gasoline. 
(bb) ADJUSTMENT.—The Administrator may ad-
just the 25 percent requirement under item (aa) to 
provide for a lesser or greater reduction based on 
technological feasibility, considering the cost of 
achieving the reductions in toxic air pollutants. No 
such adjustment shall provide for less than a 20 
percent reduction below the aggregate emissions of 
toxic air pollutants from baseline vehicles when 
using baseline gasoline. 
(cc) MASS BASIS.—The reductions required under 
this subclause shall be on a mass basis. 
(ii) TREATMENT OF REDUCTION GREATER THAN A SPE-
CIFIC PERCENTAGE REDUCTION.—Any reduction greater than 
a specific percentage reduction required under this subpara-
graph shall be treated as satisfying that percentage reduction 
requirement. 
(5) CERTIFICATION PROCEDURES.— 
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(A) REGULATIONS.—The regulations under this subsection shall 
include procedures under which the Administrator shall certify re-
formulated gasoline as complying with the requirements estab-
lished pursuant to this subsection. Under the regulations, the Ad-
ministrator shall establish procedures for any person to petition 
the Administrator to certify a fuel formulation or slate of fuel for-
mulations. The procedures shall require that the Administrator 
shall approve or deny a petition within 180 days after receipt. If 
the Administrator fails to act within the 180-day period, the fuel 
shall be deemed to be certified until the Administrator completes 
action on the petition. 
(B) CERTIFICATION; EQUIVALENCY.—The Administrator shall 
certify a fuel formulation or slate of fuel formulations as com-
plying with this subsection if the fuel or fuels— 
(i) comply with the requirements of paragraph (3); and 
(ii) achieve equivalent or greater reductions in emissions of 
ozone-forming volatile organic compounds and emissions of 
toxic air pollutants than are achieved by a reformulated gaso-
line meeting the applicable requirements of paragraph (4). 
(C) DETERMINATION
OF
EMISSIONS
LEVEL.—The Adminis-
trator shall determine the level of emissions of ozone-forming vola-
tile organic compounds and emissions of toxic air pollutants emit-
ted by baseline vehicles when operating on baseline gasoline. For 
purposes of this subsection, the Administrator shall, by regulation, 
determine appropriate measures of, and methodology for, 
ascertaining the emissions of air pollutants (including calculations, 
equipment, and testing tolerances). 
(6) PROHIBITIONS.— 
(A) SALE OR DISPENSING.—Each of the following shall be a vio-
lation of this subsection: 
(i) The sale or dispensing by any person of conventional 
gasoline to ultimate consumers in any covered area. 
(ii) The sale or dispensing by any refiner, blender, im-
porter, or marketer of conventional gasoline for resale in any 
covered area without— 
(I) segregating the conventional gasoline from refor-
mulated gasoline; and 
(II) clearly marking the conventional gasoline as ‘‘con-
ventional gasoline, not for sale to ultimate consumer in 
a covered area’’. 
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(B) LABELING, REPRESENTING, OR
WHOLESALING
CONVEN-
TIONAL GASOLINE AS REFORMULATED GASOLINE.—Any refiner, 
blender, importer or marketer that purchases properly segregated 
and marked conventional gasoline, and thereafter labels, rep-
resents, or wholesales conventional gasoline as reformulated gaso-
line shall be in violation of this subsection. 
(C) SAMPLING, 
TESTING, 
AND
RECORDKEEPING
REQUIRE-
MENTS.—The Administrator may impose sampling, testing, and 
recordkeeping requirements on any refiner, blender, importer, or 
marketer to prevent violations of this section. 
(7) OPT-IN AREAS.— 
(A) CLASSIFIED AREAS.— 
(i) IN GENERAL.—On the application of the Governor of a 
State, the Administrator shall apply the prohibitions set forth 
in paragraph (6) in any area in the State classified under 
subchapter II of chapter 215 as a marginal area, moderate 
area, serious area, or severe area (without regard to whether 
or not the 1980 population of the area exceeds 250,000). In 
any such case, the Administrator shall establish an effective 
date for the prohibitions as the Administrator considers ap-
propriate not later than 1 year after the application is re-
ceived. The Administrator shall publish the application in the 
Federal Register on receipt. 
(ii) EFFECT
OF
INSUFFICIENT
DOMESTIC
CAPACITY
TO 
PRODUCE REFORMULATED GASOLINE.— 
(I) IN GENERAL.—If the Administrator determines, on 
the Administrator’s own motion or on petition of any 
person, after consultation with the Secretary of Energy, 
that there is insufficient domestic capacity to produce 
gasoline certified under this subsection, the Adminis-
trator, by regulation— 
(aa) shall extend the effective date of the prohibi-
tions in marginal areas, moderate areas, serious 
areas, or severe areas described in clause (i) for 1 
additional year, and 
(bb) may renew such an extension for 2 addi-
tional one-year periods. 
(II) PRIORITY.— The Administrator shall issue exten-
sions under subclause (I) for areas with a lower ozone 
classification before issuing any such extension for areas 
with a higher classification. 
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(iii) ACTION ON PETITION.—The Administrator shall act on 
any petition submitted under this subparagraph within 6 
months after receipt of the petition. 
(B) OZONE TRANSPORT REGION.— 
(i) APPLICATION OF PROHIBITION.— 
(I) IN GENERAL.—On application of the Governor of 
a State in the ozone transport region established by sec-
tion 215205(a) of this title, the Administrator, not later 
than 180 days after the date of receipt of the applica-
tion, shall apply the prohibitions specified in paragraph 
(6) to any area in the State (other than an area classi-
fied as a marginal ozone nonattainment area, moderate 
ozone nonattainment area, serious ozone nonattainment 
area, or severe ozone nonattainment area under sub-
chapter II of chapter 215) unless the Administrator de-
termines under clause (iii) that there is insufficient ca-
pacity to supply reformulated gasoline. 
(II) PUBLICATION OF APPLICATION.—As soon as prac-
ticable after the date of receipt of an application under 
subclause (I), the Administrator shall publish the appli-
cation in the Federal Register. 
(ii) PERIOD OF APPLICABILITY.—Under clause (i), the pro-
hibitions specified in paragraph (6) shall apply in a State— 
(I) commencing as soon as practicable but not later 
than 2 years after the date of approval by the Adminis-
trator of the application of the Governor of the State; 
and 
(II) ending not earlier than 4 years after the com-
mencement date determined under subclause (I). 
(iii) EXTENSION OF COMMENCEMENT DATE BASED ON IN-
SUFFICIENT CAPACITY.— 
(I) IN GENERAL.—If, after receipt of an application 
from a Governor of a State under clause (i), the Admin-
istrator determines, on the Administrator’s own motion 
or on petition of any person, after consultation with the 
Secretary of Energy, that there is insufficient capacity to 
supply reformulated gasoline, the Administrator, by reg-
ulation— 
(aa) shall extend the commencement date with re-
spect to the State under clause (ii)(I) for not more 
than 1 year; and 
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(bb) may renew the extension under item (aa) for 
2 additional periods, each of which shall not exceed 
1 year. 
(II) DEADLINE FOR ACTION ON PETITIONS.—The Ad-
ministrator shall act on any petition submitted under 
subclause (I) not later than 180 days after the date of 
receipt of the petition. 
(8) CREDITS.— 
(A) IN GENERAL.—The regulations promulgated under this sub-
section shall provide for the granting of an appropriate amount of 
credits to a person that refines, blends, or imports and certifies 
a gasoline or slate of gasoline that— 
(i) has an aromatic hydrocarbon content (by volume) that 
is less than the maximum aromatic hydrocarbon content re-
quired to comply with paragraph (4); or 
(ii) has a benzene content (by volume) that is less than the 
maximum benzene content specified in paragraph (3). 
(B) USE.—The regulations described in subparagraph (A) shall 
provide that a person that is granted credits may use the credits, 
or transfer all or a portion of the credits to another person for 
use within the same nonattainment area, for the purpose of com-
plying with this subsection. 
(C) ENFORCEMENT.—The regulations promulgated under sub-
paragraphs (A) and (B) shall ensure the enforcement of the re-
quirements for the issuance, application, and transfer of credits. 
The regulations shall prohibit the granting or transfer of credits 
for use with respect to any gasoline in a nonattainment area, to 
the extent that the use of the credits would result in— 
(i) an average gasoline aromatic hydrocarbon content (by 
volume) for the nonattainment area (taking into account all 
gasoline sold for use in conventional gasoline-fueled vehicles 
in the nonattainment area) higher than the average fuel aro-
matic hydrocarbon content (by volume) that would occur in 
the absence of using any such credits; or 
(ii) an average benzene content (by volume) for the non-
attainment area (taking into account all gasoline sold for use 
in conventional gasoline-fueled vehicles in the nonattainment 
area) higher than the average benzene content (by volume) 
that would occur in the absence of using any such credits. 
(9) ANTIDUMPING REGULATIONS.— 
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(A) IN GENERAL.—The Administrator shall promulgate regula-
tions applicable to each refiner, blender, or importer of gasoline 
ensuring that gasoline sold or introduced into commerce by the re-
finer, blender, or importer (other than reformulated gasoline sub-
ject to the requirements of paragraph (2)) does not result in aver-
age per gallon emissions (measured on a mass basis) of— 
(i) volatile organic compounds; 
(ii) nitrogen oxides; 
(iii) carbon monoxide; and 
(iv) toxic air pollutants; 
in excess of emissions of those pollutants attributable to gasoline 
sold or introduced into commerce in calendar year 1990 by that 
refiner, blender, or importer. 
(B) ADJUSTMENTS.—In evaluating compliance with the require-
ments of subparagraph (A), the Administrator shall make appro-
priate adjustments to ensure that no credit is provided for im-
provement in motor vehicle emission control in motor vehicles sold 
after calendar year 1990. 
(C) COMPLIANCE DETERMINED FOR EACH POLLUTANT INDE-
PENDENTLY.—In determining whether there is an increase in 
emissions in violation of the prohibition contained in subparagraph 
(A), the Administrator shall consider an increase in each air pol-
lutant described in clauses (i) through (iv) of subparagraph (A) 
as a separate violation of the prohibition, except that the Adminis-
trator shall promulgate regulations to provide that any increase in 
emissions of nitrogen oxides resulting from adding oxygenates to 
gasoline may be offset by an equivalent or greater reduction (on 
a mass basis) in emissions of volatile organic compounds, carbon 
monoxide, or toxic air pollutants, or any combination of the fore-
going. 
(D) COMPLIANCE PERIOD.—The Administrator shall promulgate 
an appropriate compliance period or appropriate compliance peri-
ods to be used for assessing compliance with the prohibition con-
tained in subparagraph (A). 
(E) BASELINE FOR DETERMINING COMPLIANCE.—If the Admin-
istrator determines that no adequate and reliable data exist re-
garding the composition of gasoline sold or introduced into com-
merce by a refiner, blender, or importer in calendar year 1990, for 
that refiner, blender, or importer, baseline gasoline shall be sub-
stituted for 1990 gasoline in determining compliance with sub-
paragraph (A). 
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(10) EMISSIONS FROM ENTIRE VEHICLE.—In applying the require-
ments of this subsection, the Administrator shall take into account 
emissions from the entire motor vehicle, including evaporative, running, 
refueling, and exhaust emissions. 
(l) DETERGENTS.—No person may sell or dispense to an ultimate con-
sumer in the United States, and no refiner or marketer may directly or indi-
rectly sell or dispense to persons that sell or dispense to ultimate consumers 
in the United States, any gasoline that does not contain additives to prevent 
the accumulation of deposits in engines or fuel supply systems. The Admin-
istrator shall promulgate a regulation establishing specifications for such ad-
ditives. 
(m) OXYGENATED FUELS.— 
(1) PLAN
REVISIONS
FOR
CARBON
MONOXIDE
NONATTAINMENT 
AREAS.— 
(A) STATES IN WHICH THERE IS LOCATED ALL OR PART OF AN 
AREA THAT IS DESIGNATED AS A NONATTAINMENT AREA FOR CAR-
BON MONOXIDE AND THAT HAS A CARBON MONOXIDE DESIGN 
VALUE OF 9.5 OR MORE PARTS PER MILLION.—The applicable im-
plementation plan of a State in which there is located all or part 
of an area that is designated under subdivision 2 as a nonattain-
ment area for carbon monoxide and that has a carbon monoxide 
design value of 9.5 or more parts per million based on data for 
the 2-year period of 1988 and 1989 and calculated according to 
the most recent interpretation methodology issued by the Adminis-
trator prior to November 15, 1990, shall contain for that area the 
provisions specified under this subsection regarding oxygenated 
gasoline. 
(B) STATES IN WHICH THERE IS LOCATED ANY AREA THAT, 
FOR ANY 2-YEAR PERIOD AFTER 1989, HAS A CARBON MONOXIDE 
DESIGN VALUE OF 9.5 OR MORE PARTS PER MILLION.—Each State 
in which there is located any area that, for any 2-year period after 
1989, has a carbon monoxide design value of 9.5 or more parts 
per million shall, within 18 months after that 2-year period, sub-
mit a plan provision that contains the provisions specified under 
this subsection regarding oxygenated gasoline. 
(2) OXYGENATED GASOLINE IN CARBON MONOXIDE NONATTAINMENT 
AREAS.— 
(A) IN GENERAL.—Each plan provision under this subsection 
shall contain provisions to require that any gasoline sold or dis-
pensed to an ultimate consumer in the carbon monoxide nonattain-
ment area or sold or dispensed directly or indirectly by fuel refin-
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ers or marketers to persons that sell or dispense to ultimate con-
sumers, in the larger of— 
(i) the Consolidated Metropolitan Statistical Area in which 
the area is located; or 
(ii) if the area is not located in a Consolidated Metropoli-
tan Statistical Area, the Metropolitan Statistical Area in 
which the area is located; 
be blended, during the portion of the year in which the area is 
prone to high ambient concentrations of carbon monoxide, to con-
tain not less than 2.7 percent oxygen by weight (subject to a test-
ing tolerance established by the Administrator). 
(B) PORTION OF YEAR.— 
(i) IN GENERAL.—The portion of the year in which the 
area is prone to high ambient concentrations of carbon mon-
oxide shall be as determined by the Administrator, but shall 
not be less than 4 months. 
(ii) REDUCTION.—At the request of a State with respect to 
any area designated as nonattainment for carbon monoxide, 
the Administrator may reduce the period specified in clause 
(i) if the State can demonstrate that because of meteorolog-
ical conditions, a reduced period will ensure that there will be 
no exceedances of the carbon monoxide standard outside the 
reduced period. 
(C) EFFECTIVE DATE.—A plan provision under this subsection 
shall provide that the requirement shall take effect not later than 
November 1 of the 3d year after the last year of the applicable 
2-year period described in paragraph (1) (or at such other date 
during the 3d year as the Administrator establishes under sub-
paragraphs (A) and (B)). 
(D) IMPLEMENTATION AND ENFORCEMENT.—A plan provision 
under this subsection shall include a program for implementation 
and enforcement of the requirement consistent with guidance 
issued by the Administrator. 
(3) WAIVERS.— 
(A) PREVENTION
OF
OR
INTERFERENCE
WITH
ATTAINMENT 
FOR AIR POLLUTANT OTHER THAN CARBON MONOXIDE.—The Ad-
ministrator shall waive, in whole or in part, the requirements of 
paragraph (2) on a demonstration by the State to the satisfaction 
of the Administrator that the use of oxygenated gasoline would 
prevent or interfere with the attainment by the area of a primary 
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NAAQS (or a State or local ambient air quality standard) for any 
air pollutant other than carbon monoxide. 
(B) NO
SIGNIFICANT
CONTRIBUTION
TO
CARBON
MONOXIDE 
LEVELS.—The Administrator shall, on demonstration by the State 
satisfactory to the Administrator, waive the requirements of para-
graph (2) where the Administrator determines that mobile sources 
of carbon monoxide do not contribute significantly to carbon mon-
oxide levels in an area. 
(C) INADEQUATE SUPPLY OR CAPACITY.— 
(i) DEFINITION OF DISTRIBUTION CAPACITY.—In this sub-
paragraph, the term ‘‘distribution capacity’’ includes capacity 
for transportation, storage, and blending. 
(ii) PETITION.—Any person may petition the Administrator 
to make a finding that there is, or is likely to be, for any 
area, an inadequate domestic supply of, or distribution capac-
ity for, oxygenated gasoline meeting the requirements of para-
graph (2) or fuel additives (oxygenates) necessary to meet 
those requirements. The Administrator shall act on such a pe-
tition within 6 months after receipt of the petition. 
(iii) DETERMINATION OF INADEQUACY.—If the Adminis-
trator determines, in response to a petition under clause (ii), 
that there is an inadequate supply or capacity described in 
clause (ii), the Administrator shall delay the effective date of 
paragraph (2) for 1 year. On petition, the Administrator may 
extend the effective date for 1 additional year. No partial 
delay or lesser waiver may be granted under this clause. 
(iv) CONSIDERATIONS.—In granting waivers under this 
subparagraph, the Administrator shall consider distribution 
capacity separately from the adequacy of domestic supply and 
shall grant such waivers in such a manner as will ensure that, 
if supplies of oxygenated gasoline are limited, areas having 
the highest design value for carbon monoxide will have a pri-
ority in obtaining oxygenated gasoline that meets the require-
ments of paragraph (2). 
(4) FUEL
DISPENSING
SYSTEMS.—Any person selling oxygenated 
gasoline at retail pursuant to this subsection shall be required under 
regulations promulgated by the Administrator to label the fuel dis-
pensing system with a notice that the gasoline is oxygenated and will 
reduce the carbon monoxide emissions from the motor vehicle. 
(5) GUIDELINES FOR CREDIT.—The Administrator shall promulgate 
guidelines allowing the use, during the portion of the year specified in 
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paragraph (2), of marketable oxygen credits from gasolines with higher 
oxygen content than required to offset the sale or use of gasoline with 
a lower oxygen content than is required. No credits may be transferred 
between nonattainment areas. 
(6) ATTAINMENT AREAS.—Nothing in this subsection shall be inter-
preted as requiring an oxygenated gasoline program in an area that is 
in attainment for carbon monoxide, except that in a carbon monoxide 
nonattainment area that is redesignated as attainment for carbon mon-
oxide, the requirements of this subsection shall remain in effect to the 
extent that the program is necessary to maintain the standard there-
after in the area. 
(7) FAILURE TO ATTAIN CARBON MONOXIDE STANDARD.—If the Ad-
ministrator determines under section 215302(b)(2) of this title that the 
primary NAAQS for carbon monoxide has not been attained in a seri-
ous area by the applicable attainment date, the State shall submit a 
plan provision for the area within 9 months after the date of the deter-
mination. The plan revision shall provide that the minimum oxygen 
content of gasoline described in paragraph (2) shall be 3.1 percent by 
weight unless the requirement is waived in accordance with this sub-
section. 
(n) PROHIBITION OF LEADED GASOLINE FOR HIGHWAY USE.—It shall 
be unlawful for any person to sell, offer for sale, supply, offer for supply, 
dispense, transport, or introduce into commerce, for use as fuel in any 
motor vehicle (as defined in section 221101 of this title) any gasoline that 
contains lead or lead additives. 
(o) RENEWABLE FUEL PROGRAM.— 
(1) DEFINITIONS.—In this subsection: 
(A) ADDITIONAL RENEWABLE FUEL.—The term ‘‘additional re-
newable fuel’’ means fuel that is produced from renewable biomass 
and that is used to replace or reduce the quantity of fossil fuel 
in home heating oil or jet fuel. 
(B) ADVANCED BIOFUEL.— 
(i) IN GENERAL.—The term ‘‘advanced biofuel’’ means re-
newable fuel, other than ethanol derived from corn starch, 
that has lifecycle greenhouse gas emissions, as determined by 
the Administrator, after notice and opportunity for comment, 
that are at least 50 percent less than baseline lifecycle green-
house gas emissions. 
(ii) INCLUSIONS.—The types of fuels eligible for consider-
ation as ‘‘advanced biofuel’’ may include any of the following: 
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(I) Ethanol derived from cellulose, hemicellulose, or 
lignin. 
(II) Ethanol derived from sugar or starch (other than 
corn starch). 
(III) Ethanol derived from waste material, including 
crop residue, other vegetative waste material, animal 
waste, food waste, and yard waste. 
(IV) Biomass-based diesel. 
(V) Biogas (including landfill gas and sewage waste 
treatment gas) produced through the conversion of or-
ganic matter from renewable biomass. 
(VI) Butanol or other alcohols produced through the 
conversion of organic matter from renewable biomass. 
(VII) Other fuel derived from cellulosic biomass. 
(C) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS.—The 
term ‘‘baseline lifecycle greenhouse gas emissions’’ means the aver-
age lifecycle greenhouse gas emissions, as determined by the Ad-
ministrator, after notice and opportunity for comment, for gasoline 
or diesel (whichever is being replaced by the renewable fuel) sold 
or distributed as transportation fuel in 2005. 
(D) BIOMASS-BASED DIESEL.— 
(i) IN GENERAL.—The term ‘‘biomass-based diesel’’ means 
renewable fuel that is biodiesel as defined in section 312(f) 
of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and 
that has lifecycle greenhouse gas emissions, as determined by 
the Administrator, after notice and opportunity for comment, 
that are at least 50 percent less than the baseline lifecycle 
greenhouse gas emissions. 
(ii) RENEWABLE FUEL DERIVED FROM COPROCESSING BIO-
MASS
WITH
A
PETROLEUM
FEEDSTOCK.—Notwithstanding 
clause (i), renewable fuel derived from coprocessing biomass 
with a petroleum feedstock shall be advanced biofuel if it 
meets the requirements of subparagraph (B) but is not bio-
mass-based diesel. 
(E) CELLULOSIC
BIOFUEL.—The term ‘‘cellulosic biofuel’’ 
means renewable fuel derived from any cellulose, hemicellulose, or 
lignin that is derived from renewable biomass and that has 
lifecycle greenhouse gas emissions, as determined by the Adminis-
trator, that are at least 60 percent less than the baseline lifecycle 
greenhouse gas emissions. 
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(F) 
CONVENTIONAL
BIOFUEL.—The 
term 
‘‘conventional 
biofuel’’ means renewable fuel that is ethanol derived from corn 
starch. 
(G) GREENHOUSE GAS.— 
(i) IN GENERAL.—The term ‘‘greenhouse gas’’ means car-
bon dioxide, hydrofluorocarbons, methane, nitrous oxide, 
perfluorocarbons, and sulfur hexafluoride. 
(ii) INCLUSION OF OTHER ANTHROPOGENICALLY-EMITTED 
GASES.—The term ‘‘greenhouse gas’’ includes any other 
anthropogenically-emitted gas that is determined by the Ad-
ministrator, after notice and comment, to contribute to global 
warming. 
(H) LIFECYCLE
GREENHOUSE
GAS
EMISSIONS.—The term 
‘‘lifecycle greenhouse gas emissions’’ means the aggregate quantity 
of greenhouse gas emissions (including direct emissions and sig-
nificant indirect emissions such as significant emissions from land 
use changes), as determined by the Administrator, related to the 
full fuel lifecycle, including all stages of fuel and feedstock produc-
tion and distribution, from feedstock generation or extraction 
through the distribution and delivery and use of the finished fuel 
to the ultimate consumer, where the mass values for all green-
house gases are adjusted to account for their relative global warm-
ing potential. 
(I) RENEWABLE
BIOMASS.—The term ‘‘renewable biomass’’ 
means— 
(i) planted crops and crop residue harvested from agricul-
tural land cleared or cultivated at any time before December 
19, 2007, that is— 
(I) actively managed or fallow; and 
(II) nonforested; 
(ii) planted trees and tree residue from actively managed 
tree plantations on non-Federal land cleared at any time be-
fore December 19, 2007, including land belonging to an In-
dian tribe or an Indian individual, that is held in trust by the 
United States or subject to a restriction against alienation 
imposed by the United States; 
(iii) animal waste material and animal byproducts; 
(iv) slash and precommercial thinnings that are from non- 
Federal forestland, including forestland belonging to an In-
dian tribe or an Indian individual that is held in trust by the 
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413 
United States or is subject to a restriction against alienation 
imposed by the United States, but not including— 
(I) a forest or forestland that is an ecological commu-
nity with a global or State ranking of critically imperiled, 
imperiled, or rare pursuant to a State natural heritage 
program; 
(II) an old growth forest; or 
(III) a late successional forest; 
(v) biomass obtained from the immediate vicinity of build-
ings and other areas regularly occupied by people, or of public 
infrastructure, at risk from wildfire; 
(vi) algae; and 
(vii) separated yard waste or food waste, including recycled 
cooking grease and trap grease. 
(J) RENEWABLE FUEL.—The term ‘‘renewable fuel’’ means fuel 
that is produced from renewable biomass and that is used to re-
place or reduce the quantity of fossil fuel in a transportation fuel. 
(K) SMALL REFINERY.—The term ‘‘small refinery’’ means a re-
finery 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 cal-
endar year) does not exceed 75,000 barrels. 
(L) TRANSPORTATION FUEL.—The term ‘‘transportation fuel’’ 
means fuel for use in motor vehicles, motor vehicle engines, 
nonroad vehicles, or nonroad engines (except for oceangoing ves-
sels). 
(2) RENEWABLE FUEL PROGRAM.— 
(A) REGULATIONS.— 
(i) IN GENERAL.— 
(I) GASOLINE.—The Administrator shall promulgate 
regulations to ensure that gasoline sold or introduced 
into commerce in the contiguous States, on an annual 
average basis, contains the applicable volume of renew-
able fuel determined in accordance with subparagraph 
(B). 
(II) TRANSPORTATION FUEL.—The regulations shall 
ensure that transportation fuel sold or introduced into 
commerce in the contiguous States, on an annual aver-
age basis— 
(aa) contains at least the applicable volume of re-
newable fuel, advanced biofuel, cellulosic biofuel, 
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