H. R. 6—478
‘‘(ii) to account for the use of renewable fuel during 
the previous calendar year by small refineries that 
are exempt under paragraph (9). 
‘‘(4) CELLULOSIC BIOMASS ETHANOL OR WASTE DERIVED ETH-
ANOL.—For the purpose of paragraph (2), 1 gallon of cellulosic 
biomass ethanol or waste derived ethanol shall be considered 
to be the equivalent of 2.5 gallons of renewable fuel. 
‘‘(5) CREDIT PROGRAM.— 
‘‘(A) IN GENERAL.—The regulations promulgated under 
paragraph (2)(A) shall provide— 
‘‘(i) for the generation of an appropriate amount 
of credits by any person that refines, blends, or imports 
gasoline that contains a quantity of renewable fuel 
that is greater than the quantity required under para-
graph (2); 
‘‘(ii) for the generation of an appropriate amount 
of credits for biodiesel; and 
‘‘(iii) for the generation of credits by small refin-
eries in accordance with paragraph (9)(C). 
‘‘(B) USE OF CREDITS.—A person that generates credits 
under subparagraph (A) may use the credits, or transfer 
all or a portion of the credits to another person, for the 
purpose of complying with paragraph (2). 
‘‘(C) DURATION OF CREDITS.—A credit generated under 
this paragraph shall be valid to show compliance for the 
12 months as of the date of generation. 
‘‘(D) INABILITY TO GENERATE OR PURCHASE SUFFICIENT 
CREDITS.—The regulations promulgated under paragraph 
(2)(A) shall include provisions allowing any person that 
is unable to generate or purchase sufficient credits to meet 
the requirements of paragraph (2) to carry forward a renew-
able fuel deficit on condition that the person, in the cal-
endar year following the year in which the renewable fuel 
deficit is created— 
‘‘(i) achieves compliance with the renewable fuel 
requirement under paragraph (2); and 
‘‘(ii) generates or purchases additional renewable 
fuel credits to offset the renewable fuel deficit of the 
previous year. 
‘‘(6) SEASONAL VARIATIONS IN RENEWABLE FUEL USE.— 
‘‘(A) STUDY.—For each of calendar years 2006 through 
2012, the Administrator of the Energy Information 
Administration shall conduct a study of renewable fuel 
blending to determine whether there are excessive seasonal 
variations in the use of renewable fuel. 
‘‘(B) REGULATION
OF
EXCESSIVE
SEASONAL
VARI-
ATIONS.—If, for any calendar year, the Administrator of 
the Energy Information Administration, based on the study 
under subparagraph (A), makes the determinations speci-
fied in subparagraph (C), the Administrator of the Environ-
mental Protection Agency shall promulgate regulations to 
ensure that 25 percent or more of the quantity of renewable 
fuel necessary to meet the requirements of paragraph (2) 
is used during each of the 2 periods specified in subpara-
graph (D) of each subsequent calendar year. 
‘‘(C) DETERMINATIONS.—The determinations referred to 
in subparagraph (B) are that—
H. R. 6—479
‘‘(i) less than 25 percent of the quantity of renew-
able fuel necessary to meet the requirements of para-
graph (2) has been used during 1 of the 2 periods 
specified in subparagraph (D) of the calendar year; 
‘‘(ii) a pattern of excessive seasonal variation 
described in clause (i) will continue in subsequent cal-
endar years; and 
‘‘(iii) promulgating regulations or other require-
ments to impose a 25 percent or more seasonal use 
of renewable fuels will not prevent or interfere with 
the attainment of national ambient air quality stand-
ards or significantly increase the price of motor fuels 
to the consumer. 
‘‘(D) PERIODS.—The 2 periods referred to in this para-
graph are— 
‘‘(i) April through September; and 
‘‘(ii) January through March and October through 
December. 
‘‘(E) EXCLUSION.—Renewable fuel blended or consumed 
in calendar year 2006 in a State that has received a waiver 
under section 209(b) shall not be included in the study 
under subparagraph (A). 
‘‘(F) STATE
EXEMPTION
FROM
SEASONALITY
REQUIRE-
MENTS.—Notwithstanding any other provision of law, the 
seasonality requirement relating to renewable fuel use 
established by this paragraph shall not apply to any State 
that has received a waiver under section 209(b) or any 
State dependent on refineries in such State for gasoline 
supplies. 
‘‘(7) WAIVERS.— 
‘‘(A) IN GENERAL.—The Administrator, in consultation 
with the Secretary of Agriculture and the Secretary of 
Energy, may waive the requirements of paragraph (2) in 
whole or in part on petition by one or more States by 
reducing the national quantity of renewable fuel required 
under paragraph (2)— 
‘‘(i) based on a determination by the Administrator, 
after public notice and opportunity for comment, that 
implementation of the requirement would severely 
harm the economy or environment of a State, a region, 
or the United States; or 
‘‘(ii) based on a determination by the Adminis-
trator, after public notice and opportunity for comment, 
that there is an inadequate domestic supply. 
‘‘(B) PETITIONS FOR WAIVERS.—The Administrator, in 
consultation with the Secretary of Agriculture and the Sec-
retary of Energy, shall approve or disapprove a State peti-
tion for a waiver of the requirements of paragraph (2) 
within 90 days after the date on which the petition is 
received by the Administrator. 
‘‘(C) TERMINATION
OF
WAIVERS.—A waiver granted 
under subparagraph (A) shall terminate after 1 year, but 
may be renewed by the Administrator after consultation 
with the Secretary of Agriculture and the Secretary of 
Energy. 
‘‘(8) STUDY AND WAIVER FOR INITIAL YEAR OF PROGRAM.—