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SEC. 1442. REVIEW OF AGENCY DETERMINATIONS. 
Section 7 of the Natural Gas Act (15 U.S.C. 717f) is 
amended by adding at the end the following: 
‘‘(i)(1) The United States Court of Appeals for the Dis-
trict of Columbia Circuit shall have original and exclusive 
jurisdiction over any civil action— 
‘‘(A) for review of any order or action of any 
Federal or State administrative agency or officer to 
issue, condition, or deny any permit, license, concur-
rence, or approval issued under authority of any Fed-
eral law, other than the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), required for the 
construction of a natural gas pipeline for which a 
certificate of public convenience and necessity is 
issued by the Commission under this section; 
‘‘(B) alleging unreasonable delay by any Federal 
or State administrative agency or officer in entering 
an order or taking other action described in subpara-
graph (A); or 
‘‘(C) challenging any decision made or action 
taken under this subsection. 
‘‘(2)(A) If the Court finds that the order, action, or 
failure to act is not consistent with the public convenience 
and necessity (as determined by the Commission under this 
section), or would prevent the construction and operation 
of natural gas facilities authorized by the certificate of pub-
517 
lic convenience and necessity, the permit, license, concur-
rence, or approval that is the subject of the order, action, 
or failure to act shall be deemed to have been issued subject 
to any conditions set forth in the reviewed order or action 
that the Court finds to be consistent with the public conven-
ience and necessity. 
‘‘(B) For purposes of paragraph (1)(B), the failure of 
an agency or officer to issue any such permit, license, con-
currence, or approval within the later of 1 year after the 
date of filing of an application for the permit, license, con-
currence, or approval or 60 days after the date of issuance 
of the certificate of public convenience and necessity under 
this section, shall be considered to be unreasonable delay 
unless the Court, for good cause shown, determines other-
wise. 
‘‘(C) The Court shall set any action brought under 
paragraph (1) for expedited consideration.’’. 
SEC. 1443. ATTAINMENT DATES FOR DOWNWIND OZONE 
NONATTAINMENT AREAS. 
Section 181 of the Clean Air Act (42 U.S.C.7511) is 
amended by adding the following new subsection at the end 
thereof: 
‘‘(d) EXTENDED ATTAINMENT DATE
FOR CERTAIN 
DOWNWIND AREAS.—
518 
‘‘(1) DEFINITIONS.—(A) The term ‘upwind area’ 
means an area that— 
‘‘(i) significantly contributes to nonattain-
ment in another area, hereinafter referred to as 
a ‘downwind area’; and 
‘‘(ii) is either— 
‘‘(I) a nonattainment area with a later 
attainment date than the downwind area, 
or 
‘‘(II) an area in another State that the 
Administrator has found to be significantly 
contributing to nonattainment in the down-
wind 
area 
in 
violation 
of 
section 
110(a)(2)(D) and for which the Adminis-
trator has established requirements through 
notice and comment rulemaking to elimi-
nate the emissions causing such significant 
contribution. 
‘‘(B) The term ‘current classification’ means the 
classification of a downwind area under this section 
at the time of the determination under paragraph (2). 
‘‘(2) EXTENSION.—If the Administrator— 
‘‘(A) determines that any area is a down-
wind area with respect to a particular national 
ambient air quality standard for ozone; and
519 
‘‘(B) approves a plan revision for such area 
as provided in paragraph (3) prior to a reclassi-
fication under subsection (b)(2)(A), 
the Administrator, in lieu of such reclassification, 
shall extend the attainment date for such downwind 
area for such standard in accordance with paragraph 
(5). 
‘‘(3) REQUIRED APPROVAL.—In order to extend 
the attainment date for a downwind area under this 
subsection, the Administrator must approve a revision 
of the applicable implementation plan for the down-
wind area for such standard that— 
‘‘(A) complies with all requirements of this 
Act applicable under the current classification of 
the downwind area, including any requirements 
applicable to the area under section 172(c) for 
such standard; and 
‘‘(B) includes any additional measures 
needed to demonstrate attainment by the ex-
tended attainment date provided under this sub-
section. 
‘‘(4) 
PRIOR
RECLASSIFICATION
DETERMINA-
TION.—If, no more than 18 months prior to the date 
of enactment of this subsection, the Administrator 
made a reclassification determination under sub-
520 
section (b)(2)(A) for any downwind area, and the Ad-
ministrator approves the plan revision referred to in 
paragraph (3) for such area within 12 months after 
the date of enactment of this subsection, the reclassi-
fication shall be withdrawn and the attainment date 
extended in accordance with paragraph (5) upon such 
approval. The Administrator shall also withdraw a 
reclassification 
determination 
under 
subsection 
(b)(2)(A) made after the date of enactment of this 
subsection and extend the attainment date in accord-
ance with paragraph (5) if the Administrator ap-
proves the plan revision referred to in paragraph (3) 
within 12 months of the date the reclassification de-
termination under subsection (b)(2)(A) is issued. In 
such instances the ‘current classification’ used for 
evaluating the revision of the applicable implementa-
tion plan under paragraph (3) shall be the classifica-
tion of the downwind area under this section imme-
diately prior to such reclassification. 
‘‘(5) EXTENDED DATE.—The attainment date ex-
tended under this subsection shall provide for attain-
ment of such national ambient air quality standard 
for ozone in the downwind area as expeditiously as 
practicable but no later than the date on which the 
last reductions in pollution transport necessary for
521 
attainment in the downwind area are required to be 
achieved by the upwind area or areas.’’. 
SEC. 1444. ENERGY PRODUCTION INCENTIVES. 
(a) IN GENERAL.—A State may provide to any enti-
ty— 
(1) a credit against any tax or fee owed to the 
State under a State law, or 
(2) any other tax incentive, 
determined by the State to be appropriate, in the amount 
calculated under and in accordance with a formula deter-
mined by the State, for production described in subsection 
(b) in the State by the entity that receives such credit or 
such incentive. 
(b) ELIGIBLE ENTITIES.—Subsection (a) shall apply 
with respect to the production in the State of— 
(1) electricity from coal mined in the State and 
used in a facility, if such production meets all appli-
cable Federal and State laws and if such facility uses 
scrubbers or other forms of clean coal technology, 
(2) electricity from a renewable source such as 
wind, solar, or biomass, or 
(3) ethanol. 
(c) EFFECT ON INTERSTATE COMMERCE.—Any action 
taken by a State in accordance with this section with re-
spect to a tax or fee payable, or incentive applicable, for
522 
any period beginning after the date of the enactment of this 
Act shall— 
(1) be considered to be a reasonable regulation of 
commerce; and 
(2) not be considered to impose an undue burden 
on interstate commerce or to otherwise impair, re-
strain, or discriminate, against interstate commerce. 
SEC. 1446. REGULATION OF CERTAIN OIL USED IN TRANS-
FORMERS. 
Notwithstanding any other provision of law, or rule 
promulgated by the Environmental Protection Agency, veg-
etable oil made from soybeans and used in electric trans-
formers as thermal insulation shall not be regulated as an 
oil as defined under section 2(a)(1)(A) of the Edible Oil 
Regulatory Reform Act (33 U.S.C. 2720(a)(1)(A)). 
SEC. 1447. RISK ASSESSMENTS. 
Subtitle B of title XXX of the Energy Policy Act of 
1992 is amended by adding at the end the following new 
section: 
‘‘SEC. 3022. RISK ASSESSMENT. 
‘‘Federal agencies conducting assessments of risks to 
human health and the environment from energy technology, 
production, transport, transmission, distribution, storage, 
use, or conservation activities shall use sound and objective 
scientific practices in assessing such risks, shall consider the
523 
best available science (including peer reviewed studies), and 
shall include a description of the weight of the scientific 
evidence concerning such risks.’’. 
SEC. 1448. OXYGEN-FUEL. 
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a program on oxygen-fuel systems. If feasible, the pro-
gram shall include renovation of at least one existing large 
unit and one existing small unit, and construction of one 
new large unit and one new small unit. Cost sharing shall 
not be required. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section— 
(1) $100,000,000 for fiscal year 2006; 
(2) $100,000,000 for fiscal year 2007; and 
(3) $100,000,000 for fiscal year 2008. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘large unit’’ means a unit with a 
generating capacity of 100 megawatts or more; 
(2) the term ‘‘oxygen-fuel systems’’ means sys-
tems that utilize fuel efficiency benefits of oil, gas, 
coal, and biomass combustion using substantially 
pure oxygen, with high flame temperatures and the 
exclusion of air from the boiler, in industrial or elec-
tric utility steam generating units; and
524 
(3) the term ‘‘small unit’’ means a unit with a 
generating capacity in the 10–50 megawatt range. 
SEC. 1449. PETROCHEMICAL AND OIL REFINERY FACILITY 
HEALTH ASSESSMENT. 
(a) ESTABLISHMENT.—The Secretary of Energy shall 
conduct a study of direct and significant health impacts 
to persons resulting from living in proximity to petro-
chemical and oil refinery facilities. The Secretary shall con-
sult with the Director of the National Cancer Institute and 
other Federal Government bodies with expertise in the field 
it deems appropriate in the design of such study. The study 
shall be conducted according to sound and objective sci-
entific practices and present the weight of the scientific evi-
dence. The Secretary shall obtain scientific peer review of 
the draft study. 
(b) REPORT
TO CONGRESS.—The Secretary shall 
transmit the results of the study to Congress within 6 
months of the enactment of this section. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for activities 
under this section such sums as are necessary for the com-
pletion of the study.
525 
TITLE XV—ETHANOL AND 
MOTOR FUELS 
Subtitle A—General Provisions 
SEC. 1501. RENEWABLE CONTENT OF MOTOR VEHICLE 
FUEL. 
(a) IN GENERAL.—Section 211 of the Clean Air Act 
(42 U.S.C. 7545) is amended— 
(1) by redesignating subsection (o) as subsection 
(q); and 
(2) by inserting after subsection (n) the fol-
lowing: 
‘‘(o) RENEWABLE FUEL PROGRAM.— 
‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) ETHANOL.—(i) The term ‘cellulosic 
biomass ethanol’ means ethanol derived from any 
lignocellulosic or hemicellulosic matter that is 
available on a renewable or recurring basis, in-
cluding— 
‘‘(I) dedicated energy crops and trees; 
‘‘(II) wood and wood residues; 
‘‘(III) plants; 
‘‘(IV) grasses; 
‘‘(V) agricultural residues; and 
‘‘(VI) fibers.
526 
‘‘(ii) The term ‘waste derived ethanol’ 
means ethanol derived from— 
‘‘(I) animal wastes, including poultry 
fats and poultry wastes, and other waste 
materials; or 
‘‘(II) municipal solid waste. 
‘‘(B) RENEWABLE FUEL.— 
‘‘(i) IN GENERAL.—The term ‘renew-
able fuel’ means motor vehicle fuel that— 
‘‘(I)(aa) is produced from grain, 
starch, oilseeds, or other biomass; or 
‘‘(bb) is natural gas produced 
from a biogas source, including a land-
fill, sewage waste treatment 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 cellulosic biomass ethanol, 
waste derived ethanol, and biodiesel (as de-
fined in section 312(f) of the Energy Policy 
Act of 1992 (42 U.S.C. 13220(f)) and any