that supplier during the 30-day period imme-
diately preceding the sale or offer; 
(B) substantially exceeds the average price 
at which road transportation fuel or domestic 
heating fuel were sold or offered for sale by 
that supplier’s competitors during the period 
for which the emergency proclamation applies; 
and 
(C) cannot be justified by taking into ac-
count the factors described in section 101(b). 
SEC. 106. EFFECTIVE DATE. 
This title shall take effect on the date on which a 
final rule issued by the Federal Trade Commission under 
section 5(c) of the Federal Trade Commission Act is pub-
lished in the Federal Register. 
TITLE II—SCHEDULES FOR THE 
CONSIDERATION OF PERMITS 
FOR REFINERIES 
SEC. 201. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency; 
(2) the term ‘‘applicant’’ means a person who 
is seeking a Federal refinery authorization; 
VerDate Aug 31 2005 
07:13 May 28, 2007
Jkt 059196
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2492.IH
H2492
mstockstill on PROD1PC66 with BILLS
(3) the term ‘‘biomass’’ has the meaning given 
that term in section 932(a)(1) of the Energy Policy 
Act of 2005; 
(4) the term ‘‘Federal refinery authorization’’— 
(A) means any authorization required 
under Federal law, whether administered by a 
Federal or State administrative agency or offi-
cial, with respect to siting, construction, expan-
sion, or operation of a refinery; and 
(B) includes any permits, licenses, special 
use authorizations, certifications, opinions, or 
other approvals required under Federal law 
with respect to siting, construction, expansion, 
or operation of a refinery; 
(5) the term ‘‘Indian lands’’ means lands held 
in trust for the benefit of an Indian tribe or indi-
vidual or held by an Indian tribe or individual sub-
ject to a restriction by the United States against 
alienation; 
(6) the term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
450b); 
(7) the term ‘‘refinery’’ means— 
VerDate Aug 31 2005 
07:13 May 28, 2007
Jkt 059196
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2492.IH
H2492
mstockstill on PROD1PC66 with BILLS
(A) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine crude oil or oil originally derived 
from crude oil by any chemical or physical proc-
ess, including distillation, fluid catalytic crack-
ing, 
hydrocracking, 
coking, 
alkylation, 
etherification, polymerization, catalytic reform-
ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline, distillate, or lubricating base oil; 
(B) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine coal by any chemical or physical 
process, including liquefaction, in order to 
produce gasoline or diesel as its primary out-
put; or 
(C) a facility designed and operated to re-
ceive, load, unload, store, transport, process (in-
cluding biochemical, photochemical, and bio-
technology processes), and refine biomass in 
order to produce biofuel; 
(8) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the 
United States; and 
VerDate Aug 31 2005 
07:13 May 28, 2007
Jkt 059196
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2492.IH
H2492
mstockstill on PROD1PC66 with BILLS