527 
blending components derived from renew-
able fuel (provided that only the renewable 
fuel portion of any such blending compo-
nent shall be considered part of the applica-
ble volume under the renewable fuel pro-
gram established by this subsection). 
‘‘(C) SMALL
REFINERY.—The term ‘small 
refinery’ means a refinery for which average ag-
gregate daily crude oil throughput for the cal-
endar year (as determined by dividing the aggre-
gate 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) IN GENERAL.—Not later than 1 year 
after the enactment of this subsection, the Ad-
ministrator shall promulgate regulations ensur-
ing that motor vehicle fuel sold or dispensed to 
consumers in the contiguous United States, on 
an annual average basis, contains the applicable 
volume of renewable fuel as specified in subpara-
graph (B). Regardless of the date of promulga-
tion, such regulations shall contain compliance 
provisions for refiners, blenders, and importers, 
as appropriate, to ensure that the requirements
528 
of this section are met, but shall not restrict 
where renewable fuel can be used, or impose any 
per-gallon obligation for the use of renewable 
fuel. If the Administrator does not promulgate 
such regulations, the applicable percentage re-
ferred to in paragraph (4), on a volume percent-
age of gasoline basis, shall be 2.2 in 2005. 
‘‘(B) APPLICABLE VOLUME.— 
‘‘(i) CALENDAR YEARS 2005 THROUGH 
2012.—For the purpose of subparagraph (A), 
the applicable volume for any of calendar 
years 2005 through 2012 shall be deter-
mined in accordance with the following 
table: 
Applicable volume of 
renewable fuel 
‘‘Calendar year 
(in billions of gallons) 
2005 ...........................................................................................................
3.1 
2006 ...........................................................................................................
3.3 
2007 ...........................................................................................................
3.5 
2008 ...........................................................................................................
3.8 
2009 ...........................................................................................................
4.1 
2010 ...........................................................................................................
4.4 
2011 ...........................................................................................................
4.7 
2012 ...........................................................................................................
5.0 
‘‘(ii) 
CALENDAR
YEAR
2013
AND 
THEREAFTER.—For the purpose of subpara-
graph (A), the applicable volume for cal-
endar year 2013 and each calendar year 
thereafter shall be equal to the product ob-
tained by multiplying—
529 
‘‘(I) the number of gallons of gaso-
line that the Administrator estimates 
will be sold or introduced into com-
merce 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 Administrator 
may allow the renewable fuel program established by 
subtitle A of title XV of the Energy Policy Act of 2005 
to apply in such non-contiguous State at the same 
time or any time after the Administrator promulgates 
regulations under paragraph (2). The Administrator 
may promulgate or revise regulations under para-
graph (2), establish applicable percentages under 
paragraph (4), provide for the generation 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.—
530 
‘‘(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 Ad-
ministration shall provide to the Administrator 
of the Environmental Protection Agency an esti-
mate 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 PER-
CENTAGES.— 
‘‘(i) IN GENERAL.—Not later than No-
vember 30 of each of the calendar years 
2005 through 2011, based on the estimate 
provided under subparagraph (A), the Ad-
ministrator shall determine and publish in 
the Federal Register, with respect to the fol-
lowing calendar year, the renewable fuel ob-
ligation that ensures that the requirements 
of paragraph (2) are met. 
‘‘(ii) REQUIRED ELEMENTS.—The re-
newable fuel obligation determined for a 
calendar year under clause (i) shall—
531 
‘‘(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 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 redun-
dant 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 ethanol 
or waste derived ethanol— 
‘‘(A) shall be considered to be the equivalent 
of 1.5 gallon of renewable fuel; or
532 
‘‘(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 quan-
tity of renewable fuel that is greater than the 
quantity required under paragraph (2). Such 
regulations shall provide for the generation of an 
appropriate amount of credits for biodiesel fuel. 
If a small refinery notifies the Administrator 
that it waives the exemption provided paragraph 
(11), the regulations shall provide for the genera-
tion of credits by the small refinery beginning in 
the year following such notification. 
‘‘(B) USE OF CREDITS.—A person that gen-
erates credits under subparagraph (A) may use 
the credits, or transfer all or a portion of the