‘‘(B) PETITIONS FOR WAIVERS.—Not later 
than 90 days after the date on which the Ad-
ministrator receives a petition under subpara-
graph (A), the Administrator, in consultation 
with the Secretary of Agriculture and the Sec-
retary of Energy, shall approve or disapprove 
the petition. 
‘‘(C) TERMINATION OF WAIVERS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a waiver under sub-
paragraph (A) shall terminate on the date 
that is 1 year after the date on which the 
waiver is provided. 
‘‘(ii) 
EXCEPTION.—The 
Adminis-
trator, in consultation with the Secretary 
of Agriculture and the Secretary of En-
ergy, may extend a waiver under subpara-
graph (A), as the Administrator deter-
mines to be appropriate.’’. 
(b) CREDIT FOR CELLULOSIC ETHANOL.—Section 
211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is 
amended by inserting ‘‘through calendar year 2017,’’ be-
fore ‘‘1 gallon’’. 
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(c) PERFORMANCE STANDARDS.—Section 211 of the 
Clean Air Act (42 U.S.C. 7545) is amended by inserting 
after subsection (s) the following: 
‘‘(t) PERFORMANCE STANDARDS.— 
‘‘(1) INTENSITY
AND
INDEX
NUMBERS.—Not 
later than 2 years after the date of enactment of 
this subsection, the Administrator shall establish, for 
fuels blended with low-carbon fuel, and Category I 
ultra-low carbon fuel and Category II ultra-low car-
bon fuel, as part of the renewable identification 
number program of the Environmental Protection 
Agency— 
‘‘(A) a carbon intensity number measured 
in the quantity of lifecycle greenhouse gas emis-
sions per unit of energy provided by use of the 
fuel; and 
‘‘(B) a green index number representing 
the percentage reduction of greenhouse gas 
emissions achieved by the fuel as compared to 
the fuel emission baseline (as defined in section 
241). 
‘‘(2) 
ENVIRONMENTAL
SUSTAINABILITY 
STUDY.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this subsection, 
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the Administrator, in conjunction with the Sec-
retary of Agriculture and the Secretary of En-
ergy, and based on recommendations issued by 
the National Academy of Sciences, the Food 
and Agricultural Policy Research Institute, and 
not more than 2 other appropriate independent 
research institutes, as determined by the Ad-
ministrator, shall establish a methodology to as-
sess and quantify environmental changes associ-
ated with an increase in the volume of fuels re-
quired by this section, as compared with the ef-
fects of an increase in conventional transpor-
tation fuels otherwise displaced by this section, 
as applicable, for the purpose of negating over-
all adverse environmental impacts, particularly 
with respect to the effects on or changes in— 
‘‘(i) land, air, and water quality, and 
quality 
of 
other 
resources, 
including 
changes resulting from production, han-
dling, and transportation of fuel (and asso-
ciated effects on public health and safety); 
‘‘(ii) land use patterns; 
‘‘(iii) the rate of deforestation, in the 
United States and globally; 
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‘‘(iv) areas containing significant con-
centrations of biodiversity values (including 
endemism, endangered species, high spe-
cies richness, and refugia), including habi-
tats in which any alteration of the habitat 
would render the habitat unable to support 
most characteristic native species and eco-
logical processes; 
‘‘(v) land enrolled in the conservation 
reserve program established under sub-
chapter 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 
reserve program established under sub-
chapter C of chapter 1 of subtitle D of 
title XII of the Food Security Act of 1985 
(16 U.S.C. 3837 et seq.); 
‘‘(vi) the long-term capacity of the 
United States to produce biomass feed-
stocks; 
‘‘(vii) the impact on areas at risk of 
wildfire, including the vicinity of buildings 
and other areas regularly occupied by peo-
ple, or of infrastructure; 
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‘‘(viii) the effects on materials pro-
duced, acquired, transported, or processed 
that would require an exemption from oth-
erwise applicable Federal law (including 
regulations); 
‘‘(ix) the conversion of nonrenewable 
biomass into biofuel; 
‘‘(x) the conversion of biowaste and 
other wastes into fuels (as compared with 
use of those wastes for other beneficial 
purposes (such as recycling postconsumer 
waste paper), and any potential for the 
generation of toxic byproducts resulting 
from that conversion (such as painted, 
treated, or pressurized wood, or wood con-
taminated with plastic or metals); 
‘‘(xi) designated national interest land 
(including land that is within the National 
Wildlife Refuge System, the National Park 
System, a National Monument, the Na-
tional Wilderness Preservation System, the 
National Landscape Conservation System, 
or the National Forest System, or that is 
otherwise under the administrative juris-
diction of the Secretary of the Interior or 
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Secretary of Agriculture or protected by 
Federal law); and 
‘‘(xii) such other matters or activities 
as are identified by the Administrator. 
‘‘(B) ENVIRONMENTAL
SUSTAINABILITY 
STANDARDS.—Not later than January 1, 2012, 
the Administrator, in conjunction with the Sec-
retary of Agriculture and the Secretary of En-
ergy, shall, based on the methodology estab-
lished under subparagraph (A), promulgate reg-
ulations to establish a set of standards to mini-
mize, to the maximum extent practicable, the 
negative environmental impacts and ensure long 
term resource sustainability from the sourcing 
and production of low-carbon fuels. 
‘‘(u) STATE AUTHORITY.—If the Administrator de-
termines that a State law (including a regulation) provides 
for equivalent or greater greenhouse gas emission reduc-
tions than any provision in section 250 or subsection (p) 
or (t) of this section, the State law shall apply in the State 
in lieu of the provision.’’. 
(d) 
PENALTIES
AND
ENFORCEMENT.—Section 
211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is 
amended— 
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(1) in paragraph (1), by striking ‘‘or (o)’’ each 
place it appears and inserting ‘‘(o), or (p)’’; and 
(2) in paragraph (2), by striking ‘‘and (o)’’ 
each place it appears and inserting ‘‘(o), and (p)’’. 
(e) TECHNICAL AMENDMENTS.—Section 211 of the 
Clean Air Act (42 U.S.C. 7545) is amended— 
(1) in subsection (i)(4), by striking ‘‘section 
324’’ each place it appears and inserting ‘‘section 
325’’; 
(2) in subsection (k)(10), by indenting subpara-
graphs (E) and (F) appropriately; 
(3) in subsection (n), by striking ‘‘section 
219(2)’’ and inserting ‘‘section 216(2)’’; and 
(4) in subsection (s)(1), by striking ‘‘this sub-
title’’ and inserting ‘‘this part’’. 
Æ 
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