are excessive seasonal variations in the use of renew-
able fuel. 
(2) REGULATION
OF
EXCESSIVE
SEASONAL 
VARIATIONS.—If, for any calendar year, the Admin-
istrator of the Energy Information Administration, 
based on the study under paragraph (1), makes the 
determinations specified in paragraph (3), the Presi-
dent shall promulgate regulations to ensure that 25 
percent or more of the quantity of renewable fuel 
necessary to meet the requirements of subsection (a) 
is used during each of the 2 periods specified in 
paragraph (4) of each subsequent calendar year. 
(3) DETERMINATIONS.—The determinations re-
ferred to in paragraph (2) are that— 
(A) less than 25 percent of the quantity of 
renewable fuel necessary to meet the require-
ments of subsection (a) has been used during 1 
of the 2 periods specified in paragraph (4) of 
the calendar year; 
(B) a pattern of excessive seasonal vari-
ation described in subparagraph (A) will con-
tinue in subsequent calendar years; and 
(C) promulgating regulations or other re-
quirements to impose a 25 percent or more sea-
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
sonal use of renewable fuels will not signifi-
cantly— 
(i) increase the price of motor fuels to 
the consumer; or 
(ii) prevent or interfere with the at-
tainment of national ambient air quality 
standards. 
(4) PERIODS.—The 2 periods referred to in this 
subsection are— 
(A) April through September; and 
(B) January through March and October 
through December. 
(f) WAIVERS.— 
(1) IN GENERAL.—The President, in consulta-
tion with the Secretary of Energy, the Secretary of 
Agriculture, and the Administrator of the Environ-
mental Protection Agency, may waive the require-
ments of subsection (a) in whole or in part on peti-
tion by one or more States by reducing the national 
quantity of renewable fuel required under subsection 
(a), based on a determination by the President 
(after public notice and opportunity for comment), 
that— 
(A) implementation of the requirement 
would severely harm the economy or environ-
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
ment of a State, a region, or the United States; 
or 
(B) extreme and unusual circumstances 
exist that prevent distribution of an adequate 
supply of domestically-produced renewable fuel 
to consumers in the United States. 
(2) PETITIONS FOR WAIVERS.—The President, 
in consultation with the Secretary of Energy, the 
Secretary of Agriculture, and the Administrator of 
the Environmental Protection Agency, shall approve 
or disapprove a State petition for a waiver of the re-
quirements of subsection (a) within 30 days after 
the date on which the petition is received by the 
President. 
(3) TERMINATION
OF
WAIVERS.—A waiver 
granted under paragraph (1) shall terminate after 1 
year, but may be renewed by the President after 
consultation with the Secretary of Energy, the Sec-
retary of Agriculture, and the Administrator of the 
Environmental Protection Agency. 
(g) SMALL REFINERIES.— 
(1) TEMPORARY EXEMPTION.— 
(A) IN
GENERAL.—The requirements of 
subsection (a) shall not apply to— 
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
(i) small refineries (other than a small 
refinery described in clause (ii)) until cal-
endar year 2013; and 
(ii) small refineries owned by a small 
business refiner (as defined in section 
45H(c) of the Internal Revenue Code of 
1986) until calendar year 2015. 
(B) EXTENSION OF EXEMPTION.— 
(i) STUDY BY SECRETARY.—Not later 
than December 31, 2008, the Secretary 
shall submit to the President and Congress 
a report describing the results of a study 
to determine whether compliance with the 
requirements of subsection (a) would im-
pose a disproportionate economic hardship 
on small refineries. 
(ii) EXTENSION OF EXEMPTION.—In 
the case of a small refinery that the Sec-
retary determines under clause (i) would 
be subject to a disproportionate economic 
hardship if required to comply with sub-
section (a), the President shall extend the 
exemption under subparagraph (A) for the 
small refinery for a period of not less than 
2 additional years. 
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS