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after 1 year, but may be renewed by the Admin-
1
istrator after consultation with the Secretary of
2
Agriculture and the Secretary of Energy.
3
‘‘(8) S
TUDY AND WAIVER FOR INITIAL YEAR OF
4
PROGRAM
.—Not later than 180 days from enactment,
5
the Secretary of Energy shall complete for the Admin-
6
istrator a study assessing whether the renewable fuels
7
requirement under paragraph (2) will likely result in
8
significant adverse consumer impacts in 2004, on a
9
national, regional or state basis. Such study shall
10
evaluate renewable fuel supplies and prices, blendstock
11
supplies, and supply and distribution system capa-
12
bilities. Based on such study, the Secretary shall
13
make specific recommendations to the Administrator
14
regarding waiver of the requirements of paragraph
15
(2), in whole or in part, to avoid any such adverse
16
impacts. Within 270 days from enactment, the Ad-
17
ministrator shall, consistent with the recommenda-
18
tions of the Secretary waive, in whole or in part, the
19
renewable fuels requirement under paragraph (2) by
20
reducing the national quantity of renewable fuel re-
21
quired under this subsection in 2004. This provision
22
shall not be interpreted as limiting the Administra-
23
tor’s authority to waive the requirements of para-
24
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graph (2) in whole, or in part, under paragraph (7),
1
pertaining to waivers.
2
‘‘(9) S
MALL REFINERIES
.—
3
‘‘(A) I
N
GENERAL
.—The requirement of
4
paragraph (2) shall not apply to small refineries
5
until January 1, 2008. Not later than December
6
31, 2006, the Secretary of Energy shall complete
7
for the Administrator a study to determine
8
whether the requirement of paragraph (2) would
9
impose a disproportionate economic hardship on
10
small refineries. For any small refinery that the
11
Secretary of Energy determines would experience
12
a disproportionate economic hardship, the Ad-
13
ministrator shall extend the small refinery ex-
14
emption for such small refinery for no less than
15
two additional years.
16
‘‘(B) E
CONOMIC HARDSHIP
.—
17
‘‘(i) E
XTENSION
OF
EXEMPTION
.—A
18
small refinery may at any time petition the
19
Administrator for an extension of the ex-
20
emption from the requirement of paragraph
21
(2) for the reason of disproportionate eco-
22
nomic hardship. In evaluating a hardship
23
petition, the Administrator, in consultation
24
with the Secretary of Energy, shall consider
25
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the findings of the study in addition to
1
other economic factors.
2
‘‘(ii) D
EADLINE FOR ACTION ON PETI
-
3
TIONS
.—The Administrator shall act on
4
any petition submitted by a small refinery
5
for a hardship exemption not later than 90
6
days after the receipt of the petition.
7
‘‘(C) C
REDIT PROGRAM
.—If a small refin-
8
ery notifies the Administrator that it waives the
9
exemption provided by this Act, the regulations
10
shall provide for the generation of credits by the
11
small refinery beginning in the year following
12
such notification.
13
‘‘(D) O
PT
-
IN
FOR
SMALL
REFINERS
.—A
14
small refinery shall be subject to the require-
15
ments of this section if it notifies the Adminis-
16
trator that it waives the exemption under sub-
17
paragraph (A).
18
(b) P
ENALTIES AND
E
NFORCEMENT
.—Section 211(d)
19
of the Clean Air Act (42 U.S.C. 7545(d)) is amended—
20
(1) in paragraph (1)—
21
(A) in the first sentence, by striking ‘‘or
22
(n)’’ each place it appears and inserting ‘‘(n) or
23
(o)’’; and
24
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(B) in the second sentence, by striking ‘‘or
1
(m)’’ and inserting ‘‘(m), or (o)’’; and
2
(2) in the first sentence of paragraph (2), by
3
striking ‘‘and (n)’’ each place it appears and insert-
4
ing ‘‘(n), and (o)’’.
5
(c) E
XCLUSION
F
ROM
E
THANOL
W
AIVER
.—Section
6
211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is
7
amended—
8
(1) by redesignating paragraph (5) as para-
9
graph (6); and
10
(2) by inserting after paragraph (4) the fol-
11
lowing:
12
‘‘(5) E
XCLUSION FROM ETHANOL WAIVER
.—
13
‘‘(A) P
ROMULGATION
OF
REGULATIONS
.—
14
Upon notification, accompanied by supporting
15
documentation, from the Governor of a State
16
that the Reid vapor pressure limitation estab-
17
lished by paragraph (4) will increase emissions
18
that contribute to air pollution in any area in
19
the State, the Administrator shall, by regulation,
20
apply, in lieu of the Reid vapor pressure limita-
21
tion established by paragraph (4), the Reid
22
vapor pressure limitation established by para-
23
graph (1) to all fuel blends containing gasoline
24
and 10 percent denatured anhydrous ethanol
25
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that are sold, offered for sale, dispensed, sup-
1
plied, offered for supply, transported or intro-
2
duced into commerce in the area during the high
3
ozone season.
4
‘‘(B) D
EADLINE FOR PROMULGATION
.—The
5
Administrator
shall
promulgate
regulations
6
under subparagraph (A) not later than 90 days
7
after the date of receipt of a notification from a
8
Governor under that subparagraph.
9
‘‘(C) E
FFECTIVE DATE
.—
10
‘‘(i) I
N GENERAL
.—With respect to an
11
area in a State for which the Governor sub-
12
mits a notification under subparagraph
13
(A), the regulations under that subpara-
14
graph shall take effect on the later of—
15
‘‘(I) the first day of the first high
16
ozone season for the area that begins
17
after the date of receipt of the notifica-
18
tion; or
19
‘‘(II) 1 year after the date of re-
20
ceipt of the notification.
21
‘‘(ii) E
XTENSION OF EFFECTIVE DATE
22
BASED
ON
DETERMINATION
OF
INSUFFI
-
23
CIENT SUPPLY
.—
24
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‘‘(I) I
N
GENERAL
.—If, after re-
1
ceipt of a notification with respect to
2
an area from a Governor of a State
3
under subparagraph (A), the Adminis-
4
trator determines, on the Administra-
5
tor’s own motion or on petition of any
6
person and after consultation with the
7
Secretary of Energy, that the promul-
8
gation of regulations described in sub-
9
paragraph (A) would result in an in-
10
sufficient supply of gasoline in the
11
State,
the
Administrator,
by
12
regulation—
13
‘‘(aa) shall extend the effec-
14
tive date of the regulations under
15
clause (i) with respect to the area
16
for not more than 1 year; and
17
‘‘(bb) may renew the exten-
18
sion under item (aa) for two ad-
19
ditional periods, each of which
20
shall not exceed 1 year.
21
‘‘(II) D
EADLINE FOR ACTION ON
22
PETITIONS
.—The Administrator shall
23
act on any petition submitted under
24
subclause (I) not later than 180 days
25
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HR 6 EAS1S/PP
after the date of receipt of the peti-
1
tion.’’.
2
(d) S
URVEY OF
R
ENEWABLE
F
UEL
M
ARKET
.—
3
(1) S
URVEY AND REPORT
.—Not later than De-
4
cember 1, 2005, and annually thereafter, the Admin-
5
istrator shall—
6
(A) conduct, with respect to each conven-
7
tional gasoline use area and each reformulated
8
gasoline use area in each State, a survey to de-
9
termine the market shares of—
10
(i) conventional gasoline containing
11
ethanol;
12
(ii) reformulated gasoline containing
13
ethanol;
14
(iii) conventional gasoline containing
15
renewable fuel; and
16
(iv) reformulated gasoline containing
17
renewable fuel; and
18
(B) submit to Congress, and make publicly
19
available, a report on the results of the survey
20
under subparagraph (A).
21
(2) R
ECORDKEEPING AND REPORTING REQUIRE
-
22
MENTS
.—The Administrator may require any refiner,
23
blender, or importer to keep such records and make
24
such reports as are necessary to ensure that the survey
25
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HR 6 EAS1S/PP
conducted under paragraph (1) is accurate. The Ad-
1
ministrator shall rely, to the extent practicable, on ex-
2
isting reporting and recordkeeping requirements to
3
avoid duplicative requirements.
4
(3) A
PPLICABLE
LAW
.—Activities carried out
5
under this subsection shall be conducted in a manner
6
designed to protect confidentiality of individual re-
7
sponses.
8
(e) R
ENEWABLE
F
UELS
S
AFE
H
ARBOR
.—
9
(1) I
N
GENERAL
.—Notwithstanding any other
10
provision of federal or state law, no renewable fuel, as
11
defined by this Act, used or intended to be used as a
12
motor vehicle fuel, nor any motor vehicle fuel con-
13
taining such renewable fuel, shall be deemed defective
14
in design or manufacture by virtue of the fact that it
15
is, or contains, such a renewable fuel, if it does not
16
violate a control or prohibition imposed by the Ad-
17
ministrator under section 211 of the Clean Air Act,
18
as amended by this Act, and the manufacturer is in
19
compliance with all requests for information under
20
section 211(b) of the Clean Air Act, as amended by
21
this Act. In the event that the safe harbor under this
22
section does not apply, the existence of a design defect
23
or manufacturing defect shall be determined under
24
otherwise applicable law.
25
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(2) E
XCEPTIONS
.—This subsection shall not
1
apply to ethers.
2
(3) E
FFECTIVE DATE
.—This subsection shall be
3
effective as of the date of enactment and shall apply
4
with respect to all claims filed on or after that date.
5
SEC. 820A. FEDERAL AGENCY ETHANOL-BLENDED GASO-
6
LINE AND BIODIESEL PURCHASING REQUIRE-
7
MENT.
8
Title III of the Energy Policy Act of 1992 is amended
9
by striking section 306 (42 U.S.C. 13215) and inserting the
10
following:
11
‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE
12
AND BIODIESEL PURCHASING REQUIREMENT.
13
‘‘(a) E
THANOL
-B
LENDED
G
ASOLINE
.—The head of
14
each Federal agency shall ensure that, in areas in which
15
ethanol-blended gasoline is reasonably available at a gen-
16
erally competitive price, the Federal agency purchases eth-
17
anol-blended gasoline containing at least 10 percent ethanol
18
rather than nonethanol-blended gasoline, for use in vehicles
19
used by the agency that use gasoline.
20
‘‘(b) B
IODIESEL
.—
21
‘‘(1) D
EFINITION OF BIODIESEL
.—In this sub-
22
section, the term ‘biodiesel’ has the meaning given the
23
term in section 312(f).
24
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HR 6 EAS1S/PP
‘‘(2) R
EQUIREMENT
.—The head of each Federal
1
agency shall ensure that the Federal agency pur-
2
chases, for use in fueling fleet vehicles that use diesel
3
fuel used by the Federal agency at the location at
4
which fleet vehicles of the Federal agency are centrally
5
fueled, in areas in which the biodiesel-blended diesel
6
fuel described in paragraphs (A) and (B) is available
7
at a generally competitive price—
8
‘‘(A) as of the date that is 5 years after the
9
date of enactment of this paragraph, biodiesel-
10
blended diesel fuel that contains at least 2 per-
11
cent biodiesel, rather than nonbiodiesel-blended
12
diesel fuel; and
13
‘‘(B) as of the date that is 10 years after the
14
date of enactment of this paragraph, biodiesel-
15
blended diesel fuel that contains at least 20 per-
16
cent biodiesel, rather than nonbiodiesel-blended
17
diesel fuel.
18
‘‘(3) R
EQUIREMENT
OF
F
EDERAL
L
AW
.—The
19
provisions of this subsection shall not be considered a
20
requirement of Federal law for the purposes of section
21
312.
22
‘‘(c) E
XEMPTION
.—This section does not apply to fuel
23
used in vehicles excluded from the definition of ‘fleet’ by
24
subparagraphs (A) through (H) of section 301(9).’’.
25
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SEC. 820B. COMMERCIAL BYPRODUCTS FROM MUNICIPAL
1
SOLID WASTE LOAN GUARANTEE PROGRAM.
2
(a) D
EFINITION OF
M
UNICIPAL
S
OLID
W
ASTE
.—In
3
this section, the term ‘‘municipal solid waste’’ has the
4
meaning given the term ‘‘solid waste’’ in section 1004 of
5
the Solid Waste Disposal Act (42 U.S.C. 6903).
6
(b) E
STABLISHMENT OF
P
ROGRAM
.—The Secretary of
7
Energy shall establish a program to provide guarantees of
8
loans by private institutions for the construction of facili-
9
ties for the processing and conversion of municipal solid
10
waste into fuel ethanol and other commercial byproducts.
11
(c) R
EQUIREMENTS
.—The Secretary may provide a
12
loan guarantee under subsection (b) to an applicant if—
13
(1) without a loan guarantee, credit is not avail-
14
able to the applicant under reasonable terms or condi-
15
tions sufficient to finance the construction of a facil-
16
ity described in subsection (b);
17
(2) the prospective earning power of the appli-
18
cant and the character and value of the security
19
pledged provide a reasonable assurance of repayment
20
of the loan to be guaranteed in accordance with the
21
terms of the loan; and
22
(3) the loan bears interest at a rate determined
23
by the Secretary to be reasonable, taking into account
24
the current average yield on outstanding obligations
25
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