I 
110TH CONGRESS 
1ST SESSION H. R. 2215 
To provide a reduction in the aggregate greenhouse gas emissions per unit 
of energy consumed by vehicles and aircraft, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2007 
Mr. INSLEE (for himself, Mr. FARR, Ms. HIRONO, Mr. HONDA, Ms. LEE, Mr. 
MARKEY, Mr. GEORGE MILLER of California, Mr. PALLONE, and Mr. 
VAN HOLLEN) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To provide a reduction in the aggregate greenhouse gas 
emissions per unit of energy consumed by vehicles and 
aircraft, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CLEAN AIR ACT AMENDMENT. 
The Clean Air Act (42 U.S.C. 7401 et seq.) is amend-
ed by adding at the end the following: 
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‘‘TITLE VII—GREENHOUSE GAS 
EMISSIONS 
FROM 
VEHICLE 
AND AIRCRAFT FUELS 
‘‘SEC. 701. PURPOSE. 
‘‘The purpose of this title is to provide a reduction 
in the aggregate greenhouse gas emissions per unit of en-
ergy consumed by vehicles and aircraft. 
‘‘SEC. 702. FINDINGS. 
‘‘The Congress finds that: 
‘‘(1) The United States consumes a quarter of 
the world’s oil and the oil used in transportation ac-
counts for a third of the United States emissions of 
the greenhouse gases that cause global warming. 
‘‘(2) To avoid catastrophic global warming, the 
United States should take decisive action with other 
nations to reduce greenhouse gas emissions by 60 to 
80 percent by 2050. 
‘‘(3) Transitioning our transportation sector to 
more efficient use of oil and low-carbon petroleum 
alternatives is essential to reducing global warming 
pollution. 
‘‘(4) It is necessary and feasible to reduce emis-
sions of greenhouse gases, enhance national security 
by reducing dependence on oil and promote economic 
well-being without sacrificing land, water and air 
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quality, by enacting energy policies that motivate en-
vironmental performance. 
‘‘SEC. 703. DEFINITIONS. 
‘‘For purposes of this title: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) CARBON DIOXIDE EQUIVALENT.—With re-
spect to each greenhouse gas, the term ‘carbon diox-
ide equivalent’ means the amount of the greenhouse 
gas resulting from that fuel that traps the same 
amount of heat as one metric ton of carbon dioxide, 
as determined by the Administrator. 
‘‘(3) GREENHOUSE GAS.—The term ‘greenhouse 
gas’ means carbon dioxide, hydrofluorocarbons, 
methane, nitrous oxide, perfluorocarbons, sulfur 
hexafluoride, and any other anthropogenically-emit-
ted gas that is determined by the Administrator, 
after notice and comment, to contribute to global 
warming to a non-negligible degree. 
‘‘(4) LIFECYCLE
GREENHOUSE
GAS
EMIS-
SIONS.—The term ‘lifecycle greenhouse gas emis-
sions’ means greenhouse gases emitted during the 
entire cycle of extraction, cultivation, production, 
manufacturing, feedstock extraction, marketing, and 
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distribution for a fuel or other sources of energy, as 
well as those emitted during the use of such fuels 
and sources by vehicles and aircraft. The term in-
cludes changes in land use and land cover associated 
with each phase of such cycle. 
‘‘(5) VEHICLE.—The term ‘vehicle’ means a 
motor vehicle as defined in section 216 and any 
other device used for the transportation of persons 
or goods (other than an aircraft). 
‘‘SEC. 704. LOW CARBON FUEL PERFORMANCE STANDARDS. 
‘‘(a) VEHICLE FUEL STANDARD.—Not later than 
January 1, 2010, the Administrator shall promulgate low 
carbon fuel performance standards for fuels and other 
sources of energy used to propel vehicles. Such standards 
shall begin to apply in the year 2015. 
‘‘(b) 
GRADUATED
REDUCTIONS
FOR
VEHICLE 
FUEL.—The Administrator shall promulgate, by rule, a 
declining standard for each 5 calendar year period begin-
ning in 2015. Each such standard shall represent a grad-
uated percentage reduction in aggregate emissions of 
greenhouse gases per Btu in each 5-year period after 2014 
through 2050 as provided in the following table. The re-
duction for each such period shall be measured from the 
baseline for vehicle fuel, as determined by the Adminis-
trator under subsection (f). 
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‘‘5-year period 
Percent reduc-
tion
2015 through 2019 ................................................
3 percent
2020 through 2024 ................................................
6 percent
2025 through 2029 ................................................
9 percent
2030 through 2034 ................................................
12 percent
2035through 2039 ..................................................
15 percent
2040 through 2044 ................................................
18 percent
2045 through 2049 ................................................
21 percent. 
‘‘(c) ADDITIONAL REDUCTIONS.—Each 5 years dur-
ing the period 2015 through 2050 the Administrator shall 
review available control technology, safety considerations, 
and land and other resources available for production of 
fuels and other sources of energy used to propel vehicles. 
Following such review, the Administrator may, by rule, 
promulgate a more stringent standard than the standard 
otherwise applicable under subsection (b) which more 
stringent standard, based on such review, the Adminis-
trator determines to be requisite to protect the public 
health and welfare from any known or anticipated adverse 
effects associated with greenhouse gas emissions. 
‘‘(d) STANDARD FOR AIRCRAFT FUEL.—Not later 
than January 1, 2010, the Administrator shall promulgate 
a low carbon fuel performance standard for fuels and 
other sources of energy used by aircraft. The performance 
standard for such fuels and other sources of energy for 
aircraft for each year after 2015 shall be the baseline for 
that fuel, as determined by the Administrator under sub-
section (f). Such standard shall begin to apply in the year 
2015 and continue to apply through the calendar year 
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2019. The standard shall remain in effect thereafter un-
less, for each 5 year period thereafter, beginning in 2020, 
the Administrator and the Secretary of Transportation de-
termine that a more stringent standard is necessary to 
carry out the purposes of this Act. Such determination 
may be made only after a thorough review of available 
technology and safety considerations. Following such de-
termination, the Administrator shall promulgate a rule es-
tablishing a more stringent standard. 
‘‘(e) TERMS OF STANDARDS.—Each standard under 
this section shall be expressed in carbon dioxide, or carbon 
dioxide equivalent, emissions per Btu of energy from the 
aggregate of all fuels and other sources of energy used 
by vehicles or by aircraft. 
‘‘(f) BASELINE.— 
‘‘(1) VEHICLE FUEL.—The baseline for vehicle 
fuel for purposes of the standards under this section 
shall be the aggregate greenhouse gas emissions per 
Btu from all such fuel and other sources of energy 
used by vehicles in calendar year 2007, as deter-
mined by the Administrator. 
‘‘(2) AIRCRAFT FUEL.—For fuel used by air-
craft, the baseline for purposes of the standard 
under this section shall be the aggregate greenhouse 
gas emissions per Btu from all such fuel and other 
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sources of energy used by aircraft in calendar year 
2007, as determined by the Administrator. 
‘‘SEC. 705. EPA REGULATIONS; CALCULATION OF EMIS-
SIONS PER BTU. 
‘‘(a) REGULATIONS.—After consultation with the 
Secretary of Energy and the Secretary of Commerce, and 
a review of all compliance methods, the Administrator, 
after notice and opportunity for comment, shall promul-
gate, not later than January 1, 2010, and may periodically 
revise thereafter, regulations requiring compliance with 
the annual performance standards established under sec-
tion 703. 
‘‘(b) CALCULATIONS
OF GREENHOUSE EMISSION 
RATE PER BTU.— 
‘‘(1) 
INDIVIDUAL
CALCULATIONS
UNDER 
STANDARD METHODOLOGY.—The regulations under 
this section shall provide standard, transparent and 
public methods for each producer, importer, or 
blender of a fuel or other source of energy used, di-
rectly or indirectly, as a fuel for vehicles or aircraft 
to calculate the greenhouse gases emitted per Btu of 
such fuel or other source of energy when so used. 
‘‘(2) LIFECYCLE GREENHOUSE GAS EMISSION 
CALCULATION.—The regulations under this section 
shall include appropriate methods for estimating the 
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lifecycle greenhouse gas emissions of each fuel and 
other energy source. For purposes of such regula-
tions, the Administrator shall develop methods to 
quantify the direct and indirect emissions resulting 
from biofuel production. 
‘‘(3) SPECIAL ADJUSTMENT FOR ELECTRICITY 
AND HYDROGEN.—In making the calculation under 
this subsection, the Administrator shall adjust the 
Btus of energy delivered from the use of electricity 
and hydrogen used as a fuel or source of energy for 
vehicles and aircraft. Such adjustment shall reflect 
the greenhouse gas reductions on a per mile basis in 
order to reflect the inherent energy efficiency of an 
average battery electric, plug in hybrid electric vehi-
cle, or hydrogen fuel cell vehicle. 
‘‘(4) NAS REPORT.—The Administrator shall, 
not less than 90 days after the enactment of this 
Act, enter into a contract with the National Acad-
emy of Sciences to assess and recommend methods 
to calculate the lifecycle greenhouse gas emissions 
associated with the production and use of fuels and 
other sources of energy used as a fuel for vehicles 
and aircraft. 
‘‘(5) CONSULTATION.—In developing regula-
tions under this section, the Administrator shall con-
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sult with State agencies and other government enti-
ties within and outside the United States having 
programs for control of greenhouse gas emissions 
from vehicle fuels and shall promulgate such regula-
tions after consideration of the report under para-
graph (4). 
‘‘SEC. 706. COMPLIANCE WITH STANDARD. 
‘‘(a) REQUIREMENT TO MEET STANDARD.—The reg-
ulations under this title shall provide that each producer, 
importer or blender of a fuel or other source of energy 
used for transportation by vehicles or aircraft shall be re-
quired to generate or obtain in each calendar year after 
2009 credits equal to the excess, if any, of paragraph (1) 
over paragraph (2) multiplied by paragraph (3). No pro-
ducer, importer, or blender shall be required to obtain 
credits if the fuel or other source of energy meets the ag-
gregate performance standard under section 703 for the 
calendar year concerned. 
‘‘(1) The greenhouse gases (expressed as carbon 
dioxide or carbon dioxide equivalent) emitted per 
Btu of fuel or other energy produced, imported, or 
blended by such producer, importer, or blender in 
the calendar year concerned. 
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‘‘(2) The aggregate performance standard for 
all such producers, importer, or blenders established 
under section 703 for the calendar year concerned. 
‘‘(3) The total number of Btus used in vehicles 
and aircraft that is provided by the fuel or other en-
ergy produced, imported, or blended by such pro-
ducer, importer or blender in the year concerned. 
‘‘(b) GENERATION, TRADING, AND BANKING
OF 
CREDITS.— 
‘‘(1) CREDIT GENERATION.—For each calendar 
year after the calendar year 2014, each producer, 
importer or blender of each fuel or other source of 
energy used, for transportation by vehicles or air-
craft shall be credited with greenhouse gas emission 
credits equal to the excess, if any, of paragraph (2) 
of subsection (a) over paragraph (1) of subsection 
(a) multiplied by paragraph (3) of subsection (a). 
‘‘(2) TRADING.—The regulations under this 
section shall allow purchase, sale, and trading of 
such allowance producers, importers and blenders, 
and other persons. Credits generated this section 
may be held and traded by any person. Credits 
under this section do not constitute a property right, 
and nothing in any provision of law shall be con-
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strued to limit the authority of the United States to 
terminate or limit any such credit. 
‘‘(3) BANKING.—Credits generated under this 
section may be used in the year in which they are 
generated and in the following calendar year. 
‘‘(c) MONITORING.—The Administrator shall promul-
gate rules to ensure that greenhouse gas emissions and 
the use of credits generated under this section are accu-
rately tracked, reported, and verified. 
‘‘(d) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—If any fuel or other source 
of energy used, directly or indirectly, by vehicles ex-
ceeds in any calendar year the standard established 
under this section and the producer, importer or 
blender thereof has not acquired credits to offset 
such excess, the producer, importer or blender shall 
pay a civil penalty in an amount determined under 
paragraph (2). 
‘‘(2) AMOUNT OF CIVIL PENALTY.—The amount 
of the civil penalty under this subsection shall be 
twice the market price for the credits that would be 
necessary for such producer, blender, or importer to 
meet the standard for the fuel or energy source con-
cerned. The Administrator shall establish the meth-
od of determining such market price. 
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‘‘(3) NO DEMAND REQUIRED.—A civil penalty 
under this subsection shall be due and payable to 
the Administrator without demand. 
‘‘(4) CIVIL
ACTION.—The Administrator may 
bring a civil action in the appropriate United States 
district court to recover the amount of any civil pen-
alty due and payable under this subsection. 
‘‘SEC. 707. CERTIFICATION AND LABELING OF LOW-CARBON 
TRANSPORTATION FUELS. 
‘‘(a) IDENTIFICATION.—Not later than January 1, 
2009, the Administrator shall identify and label low-car-
bon transportation fuels based on the following criteria. 
‘‘(1) The fuel is responsible for at least 20 per-
cent lower lifecycle greenhouse gas emissions per 
Btu delivered compared to the 2007 baseline. 
‘‘(2) The fuel is likely to have fewer adverse im-
pacts on wildlife habitat, biodiversity, water quality 
or air quality over the lifecycle of the fuel, than con-
ventional transportation fuels. 
‘‘(3) The fuel achieves reduction in petroleum 
content over its lifecycle. 
In the case of electric energy and hydrogen used, directly 
or indirectly, as a fuel or source of energy for vehicles, 
the Administrator shall apply the special adjustment fac-
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tor referred to in section 705(b)(3) in identifying low-car-
bon transportation fuels. 
‘‘(b) CERTIFICATION.—Not later than January 1, 
2009, the Administrator shall establish a low-carbon fuel 
certification process to certify fuels that the Administrator 
has identified as low-carbon fuels, make that certification 
information available to consumers. Under regulations 
promulgated by the Administrator any person manufac-
turing, importing, or distributing low-carbon fuels may 
provide labeling for such fuels in accordance with regula-
tions promulgated by the Administrator and promote pub-
lic awareness of those fuels. 
‘‘SEC. 708. FUEL SAFEGUARDS. 
‘‘(a) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘Community Fire Safety Zone’ 
means the immediate vicinity of buildings and other 
areas regularly occupied by people, or of infrastruc-
ture, at risk of wildfire. 
‘‘(2) The term ‘Ecosystem conversion’ means 
altering the native habitat to such an extent that it 
no longer supports most characteristic native species 
and ecological processes. 
‘‘(3) The term ‘native habitat’ means dynamic 
groupings of native plant and animal communities 
that occur together on the landscape or in the water 
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and are tied together by similar ecological processes, 
underlying environmental features such as geology, 
or environmental gradients such as elevation, but 
does not include land that is currently in agricul-
tural production. 
‘‘(4) NATIONAL INTEREST LANDS.—The term 
‘National interest lands’ means areas designated as 
national wildlife refuges, national forests, or national 
grasslands, areas managed by the National Park 
Service (including national parks and monuments), 
and lands managed by the Bureau of Land Manage-
ment. 
‘‘(5) The term ‘Community Fire Safety Zone’ 
means the immediate vicinity of buildings and other 
areas regularly occupied by people, or of infrastruc-
ture, at risk of wildfire. 
‘‘(6) The term ‘Sensitive Lands’ means old 
growth forests; roadless areas on national forests, 
wilderness study areas; native grasslands; intact, 
rare, threatened or endangered ecosystems; and any 
area containing significant concentrations of bio-
diversity values including endemism, endangered 
species, high species richness, and refugia. 
‘‘(b) IN GENERAL.—Under regulations of the Admin-
istrator, no transportation fuel sold in interstate com-
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merce after January 1, 2010 may be derived all or in part 
from biomass from the following sources: 
‘‘(1) Lands where the Administrator determines 
that ecosystem conversion has occurred after the 
date of the enactment of this Act. 
‘‘(2) Sensitive Lands. 
‘‘(3) Land enrolled in the Conservation Reserve 
Program established under subchapter B of chapter 
1 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3831 et seq.) or the wetlands re-
serves program established under subchapter C of 
chapter 1 of subtitle D of title XII of the Food Se-
curity Act of 1985 (16 U.S.C. 3837 et seq.), unless 
the biomass is produced in a manner consistent with 
all applicable guidelines and terms, and conditions 
under the program. 
‘‘(4) National interest lands with the exception 
of either of the following: 
‘‘(A) Harvest residue, mill waste, or pre- 
commercial thinnings, from lands assigned to 
timber production. 
‘‘(B) Biomass obtained from a Community 
Fire Safety Zone. 
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‘‘(5) Recyclable postconsumer waste paper, 
painted, treated, or pressurized wood, wood contami-
nated with plastic or metals. 
‘‘(6) Municipal solid waste (as defined in the 
Solid Waste Disposal Act). 
‘‘(7) Materials produced, harvested, acquired, 
transported, or processed pursuant to an exemption 
from otherwise applicable environmental laws or 
rules. 
‘‘SEC. 709. AIR QUALITY IMPACTS. 
‘‘(a) IN GENERAL.—The Administrator shall ensure, 
under regulation, that no transportation fuel sold or intro-
duced in interstate commerce after January 1, 2010 shall 
result in— 
‘‘(1) average per gallon vehicle emissions (meas-
ure on a mass basis) of air pollutants in excess of 
the quantity of those emissions attributable to gaso-
line sold or introduced into commerce in the United 
States during calendar year 2007; or 
‘‘(2) a violation of any motor vehicle emission 
or fuel content limitation under any other provision 
of this Act. 
‘‘SEC. 710. RESEARCH AND DEVELOPMENT FUNDING. 
‘‘There is authorized to be appropriated to the Sec-
retary of Energy such sums as may be necessary carry 
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out a cooperative program of research and development 
relating to lower carbon alternatives for aircraft jet fuel 
and fuel for other vehicles. The program shall provide for 
matching Federal grants to private entities carrying out 
such research and development. 
‘‘SEC. 711. STATE LAWS. 
‘‘Nothing in this title shall be interpreted to preempt 
or limit State actions to address climate change.’’. 
Æ 
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