SEC. 342. INSTALLATION OF E–85 FUEL PUMPS BY MAJOR 
OIL COMPANIES AT OWNED STATIONS AND 
BRANDED STATIONS. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended by adding at the end the following: 
‘‘(11) INSTALLATION OF E–85 FUEL PUMPS BY 
MAJOR OIL COMPANIES AT OWNED STATIONS AND 
BRANDED STATIONS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) E–85 FUEL.—The term ‘E–85 
fuel’ means a blend of gasoline approxi-
mately 85 percent of the content of which 
is derived from ethanol produced in the 
United States. 
‘‘(ii) 
MAJOR
OIL
COMPANY.—The 
term ‘major oil company’ means any per-
son that, individually or together with any 
other person with respect to which the per-
son has an affiliate relationship or signifi-
cant ownership interest, has not less than 
4,500 retail station outlets according to 
the latest publication of the Petroleum 
News Annual Factbook. 
‘‘(iii) SECRETARY.—The term ‘Sec-
retary’ means the Secretary of Energy, 
acting in consultation with the Adminis-
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trator of the Environmental Protection 
Agency and the Secretary of Agriculture. 
‘‘(B) REGULATIONS.—The Secretary shall 
promulgate regulations to ensure that each 
major oil company that sells or introduces gaso-
line into commerce in the United States 
through wholly-owned stations or branded sta-
tions installs or otherwise makes available 1 or 
more pumps that dispense E–85 fuel (including 
any other equipment necessary, such as includ-
ing tanks, to ensure that the pumps function 
properly) at not less than the applicable per-
centage of the wholly-owned stations and the 
branded stations of the major oil company spec-
ified in subparagraph (C). 
‘‘(C) APPLICABLE PERCENTAGE.—For the 
purpose of subparagraph (B), the applicable 
percentage of the wholly-owned stations and the 
branded stations shall be determined in accord-
ance with the following table: 
Applicable percentage of 
wholly-owned stations and 
branded stations
‘‘Calendar year: 
(percent):
2008 .........................................................................................
2009 .........................................................................................
2010 .........................................................................................
2011 .........................................................................................
2012 .........................................................................................
2013 .........................................................................................
2014 .........................................................................................
2015 .........................................................................................
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Applicable percentage of 
wholly-owned stations and 
branded stations
‘‘Calendar year: 
(percent):
2016 .........................................................................................
2017 and each calendar year thereafter ..................................
50. 
‘‘(D) GEOGRAPHIC DISTRIBUTION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in promulgating regulations under 
subparagraph (B), the Secretary shall en-
sure that each major oil company described 
in subparagraph (B) installs or otherwise 
makes available 1 or more pumps that dis-
pense E–85 fuel at not less than a min-
imum percentage (specified in the regula-
tions) of the wholly-owned stations and the 
branded stations of the major oil company 
in each State. 
‘‘(ii) REQUIREMENT.—In specifying 
the minimum percentage under clause (i), 
the Secretary shall ensure that each major 
oil company installs or otherwise makes 
available 1 or more pumps described in 
that clause in each State in which the 
major oil company operates. 
‘‘(E) 
FINANCIAL
RESPONSIBILITY.—In 
promulgating regulations under subparagraph 
(B), the Secretary shall ensure that each major 
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oil company described in that subparagraph as-
sumes full financial responsibility for the costs 
of installing or otherwise making available the 
pumps described in that subparagraph and any 
other equipment necessary (including tanks) to 
ensure that the pumps function properly. 
‘‘(F) PRODUCTION CREDITS FOR EXCEED-
ING E–85 FUEL PUMPS INSTALLATION REQUIRE-
MENT.— 
‘‘(i) EARNING AND PERIOD FOR AP-
PLYING CREDITS.—If the percentage of the 
wholly-owned stations and the branded sta-
tions of a major oil company at which the 
major oil company installs E–85 fuel 
pumps in a particular calendar year ex-
ceeds the percentage required under sub-
paragraph (C), the major oil company 
earns credits under this paragraph, which 
may be applied to any of the 3 consecutive 
calendar years immediately after the cal-
endar year for which the credits are 
earned. 
‘‘(ii) TRADING CREDITS.—Subject to 
clause (iii), a major oil company that has 
earned credits under clause (i) may sell 
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credits to another major oil company to en-
able the purchaser to meet the requirement 
under subparagraph (C). 
‘‘(iii) EXCEPTION.—A major oil com-
pany may not use credits purchased under 
clause (ii) to fulfill the geographic distribu-
tion requirement in subparagraph (D).’’. 
SEC. 343. MINIMUM FEDERAL FLEET REQUIREMENT. 
Section 303(b)(1) of the Energy Policy Act of 1992 
(42 U.S.C. 13212(b)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (D), by striking ‘‘fiscal 
year 1999 and thereafter,’’ and inserting ‘‘each of 
fiscal years 1999 through 2007; and’’; 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) 100 percent in fiscal year 2008 and 
thereafter,’’; and 
(4) by inserting after the period at the end the 
following: ‘‘For purposes of this subsection, the term 
‘alternative fueled vehicle’ shall include plug-in hy-
brid vehicles (as defined in section 30B of the Inter-
nal Revenue Code of 1986).’’. 
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SEC. 344. APPLICATION OF GASOHOL COMPETITION ACT OF 
1980. 
Section 26 of the Clayton Act (15 U.S.C. 26a) is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) For purposes of subsection (a), restricting the 
right of a franchisee to install on the premises of that 
franchisee a renewable fuel pump, such as one that dis-
penses E85, shall be considered an unlawful restriction.’’; 
and 
(3) in subsection (d) (as redesignated by para-
graph (1))— 
(A) by striking ‘‘section,’’ and inserting the 
following: ‘‘section— 
‘‘(1) the term’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(2) the term ‘gasohol’ includes any blend of 
ethanol and gasoline such as E–85.’’. 
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