Energy Independence and Security Act of 2007/Title II/Subtitle A

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Subtitle A—Renewable Fuel Standard[edit]

SEC. 201. DEFINITIONS.[edit]

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is amended to read as follows:

"(1) DEFINITIONS— In this section:
"(A) ADDITIONAL RENEWABLE FUEL— The term 'additional renewable fuel' means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in home heating oil or jet fuel.
"(B) ADVANCED BIOFUEL—
"(i) IN GENERAL— The term 'advanced biofuel' means renewable fuel, other than ethanol derived from corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than baseline lifecycle greenhouse gas emissions.
"(ii) INCLUSIONS— The types of fuels eligible for consideration as 'advanced biofuel' may include any of the following:
"(I) Ethanol derived from cellulose, hemicellulose, or lignin.
"(II) Ethanol derived from sugar or starch (other than corn starch).
"(III) Ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, and food waste and yard waste.
"(IV) Biomass-based diesel.
"(V) Biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass.
"(VI) Butanol or other alcohols produced through the conversion of organic matter from renewable biomass.
"(VII) Other fuel derived from cellulosic biomass.
"(C) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS— The term 'baseline lifecycle greenhouse gas emissions' means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005.
"(D) BIOMASS-BASED DIESEL— The term 'biomass-based diesel' means renewable fuel that is biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions. Notwithstanding the preceding sentence, renewable fuel derived from co-processing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements of subparagraph (B), but is not biomass-based diesel.
"(E) CELLULOSIC BIOFUEL— The term 'cellulosic biofuel' means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.
"(F) CONVENTIONAL BIOFUEL— The term 'conventional biofuel' means renewable fuel that is ethanol derived from corn starch.
"(G) GREENHOUSE GAS— The term 'greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride. The Administrator may include any other anthropogenically-emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming.
"(H) LIFECYCLE GREENHOUSE GAS EMISSIONS— The term 'lifecycle greenhouse gas emissions' means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.
"(I) RENEWABLE BIOMASS— The term 'renewable biomass' means each of the following:
"(i) Planted crops and crop residue harvested from agricultural land cleared or cultivated at any time prior to the enactment of this sentence that is either actively managed or fallow, and nonforested.
"(ii) Planted trees and tree residue from actively managed tree plantations on non-federal land cleared at any time prior to enactment of this sentence, including land belonging to an Indian tribe or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States.
"(iii) Animal waste material and animal byproducts.
"(iv) Slash and pre-commercial thinnings that are from non-federal forestlands, including forestlands belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States, but not forests or forestlands that are ecological communities with a global or State ranking of critically imperiled, imperiled, or rare pursuant to a State Natural Heritage Program, old growth forest, or late successional forest.
"(v) Biomass obtained from the immediate vicinity of buildings and other areas regularly occupied by people, or of public infrastructure, at risk from wildfire.
"(vi) Algae.
"(vii) Separated yard waste or food waste, including recycled cooking and trap grease.
"(J) RENEWABLE FUEL— The term 'renewable fuel' means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel present in a transportation fuel.
"(K) SMALL REFINERY— The term 'small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.
"(L) TRANSPORTATION FUEL— The term 'transportation fuel' means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, or nonroad engines (except for ocean-going vessels).'.

SEC. 202. RENEWABLE FUEL STANDARD.[edit]

(a) Renewable Fuel Program—
Paragraph (2) of section 211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act is amended as follows:
(1) REGULATIONS—
Clause (i) of subparagraph (A) is amended by adding the following at the end thereof: 'Not later than 1 year after the date of enactment of this sentence, the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains at least the applicable volume of renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-based diesel, determined in accordance with subparagraph (B) and, in the case of any such renewable fuel produced from new facilities that commence construction after the date of enactment of this sentence, achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions.'.
(2) APPLICABLE VOLUMES OF RENEWABLE FUEL—
Subparagraph (B) is amended to read as follows:
"(B) APPLICABLE VOLUMES—
"(i) CALENDAR YEARS AFTER 2005—
"(I) RENEWABLE FUEL— For the purpose of subparagraph (A), the applicable volume of renewable fuel for the calendar years 2006 through 2022 shall be determined in accordance with the following table:
Applicable volume of renewable fuel
"Calendar year: (in billions of gallons):
2006 4.0
2007 4.7
2008 9.0
2009 11.1
2010 12.95
2011 13.95
2012 15.2
2013 16.55
2014 18.15
2015 20.5
2016 22.25
2017 24.0
2018 26.0
2019 28.0
2020 30.0
2021 33.0
2022 36.0
"(II) ADVANCED BIOFUEL— For the purpose of subparagraph (A), of the volume of renewable fuel required under subclause (I), the applicable volume of advanced biofuel for the calendar years 2009 through 2022 shall be determined in accordance with the following table:
Applicable volume of advanced biofuel
"Calendar year: (in billions of gallons):
2009 0.6
2010 0.95
2011 1.35
2012 2.0
2013 2.75
2014 3.75
2015 5.5
2016 7.25
2017 9.0
2018 11.0
2019 13.0
2020 15.0
2021 18.0
2022 21.0
"(III) CELLULOSIC BIOFUEL— For the purpose of subparagraph (A), of the volume of advanced biofuel required under subclause (II), the applicable volume of cellulosic biofuel for the calendar years 2010 through 2022 shall be determined in accordance with the following table:
Applicable volume of cellulosic biofuel
"Calendar year: (in billions of gallons):
2010 0.1
2011 0.25
2012 0.5
2013 1.0
2014 1.75
2015 3.0
2016 4.25
2017 5.5
2018 7.0
2019 8.5
2020 10.5
2021 13.5
2022 16.0
"(IV) BIOMASS-BASED DIESEL— For the purpose of subparagraph (A), of the volume of advanced biofuel required under subclause (II), the applicable volume of biomass-based diesel for the calendar years 2009 through 2012 shall be determined in accordance with the following table:
Applicable volume of biomass-based diesel
"Calendar year: (in billions of gallons):
2009 0.5
2010 0.65
2011 0.80
2012 1.0
"(ii) OTHER CALENDAR YEARS— For the purposes of subparagraph (A), the applicable volumes of each fuel specified in the tables in clause (i) for calendar years after the calendar years specified in the tables shall be determined by the Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture, based on a review of the implementation of the program during calendar years specified in the tables, and an analysis of—
"(I) the impact of the production and use of renewable fuels on the environment, including on air quality, climate change, conversion of wetlands, ecosystems, wildlife habitat, water quality, and water supply;
"(II) the impact of renewable fuels on the energy security of the United States;
"(III) the expected annual rate of future commercial production of renewable fuels, including advanced biofuels in each category (cellulosic biofuel and biomass-based diesel);
"(IV) the impact of renewable fuels on the infrastructure of the United States, including deliverability of materials, goods, and products other than renewable fuel, and the sufficiency of infrastructure to deliver and use renewable fuel;
"(V) the impact of the use of renewable fuels on the cost to consumers of transportation fuel and on the cost to transport goods; and
"(VI) the impact of the use of renewable fuels on other factors, including job creation, the price and supply of agricultural commodities, rural economic development, and food prices. The Administrator shall promulgate rules establishing the applicable volumes under this clause no later than 14 months before the first year for which such applicable volume will apply.
"(iii) APPLICABLE VOLUME OF ADVANCED BIOFUEL— For the purpose of making the determinations in clause (ii), for each calendar year, the applicable volume of advanced biofuel shall be at least the same percentage of the applicable volume of renewable fuel as in calendar year 2022.
"(iv) APPLICABLE VOLUME OF CELLULOSIC BIOFUEL— For the purpose of making the determinations in clause (ii), for each calendar year, the applicable volume of cellulosic biofuel established by the Administrator shall be based on the assumption that the Administrator will not need to issue a waiver for such years under paragraph (7)(D).
"(v) MINIMUM APPLICABLE VOLUME OF BIOMASS-BASED DIESEL— For the purpose of making the determinations in clause (ii), the applicable volume of biomass-based diesel shall not be less than the applicable volume listed in clause (i)(IV) for calendar year 2012.'.
(b) Applicable Percentages—
Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking '2011' and inserting '2021'.
(2) In subparagraph (A), by striking 'gasoline' and inserting 'transportation fuel, biomass-based diesel, and cellulosic biofuel'.
(3) In subparagraph (B), by striking '2012' and inserting '2021' in clause (i).
(4) In subparagraph (B), by striking 'gasoline' and inserting 'transportation fuel' in clause (ii)(II).
(c) Modification of Greenhouse Gas Percentages—
Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows:
"(4) MODIFICATION OF GREENHOUSE GAS REDUCTION PERCENTAGES—
"(A) IN GENERAL— The Administrator may, in the regulations under the last sentence of paragraph (2)(A)(i), adjust the 20 percent, 50 percent, and 60 percent reductions in lifecycle greenhouse gas emissions specified in paragraphs (2)(A)(i) (relating to renewable fuel), (1)(D) (relating to biomass-based diesel), (1)(B)(i) (relating to advanced biofuel), and (1)(E) (relating to cellulosic biofuel) to a lower percentage. For the 50 and 60 percent reductions, the Administrator may make such an adjustment only if he determines that generally such reduction is not commercially feasible for fuels made using a variety of feedstocks, technologies, and processes to meet the applicable reduction.
"(B) AMOUNT OF ADJUSTMENT— In promulgating regulations under this paragraph, the specified 50 percent reduction in greenhouse gas emissions from advanced biofuel and in biomass-based diesel may not be reduced below 40 percent. The specified 20 percent reduction in greenhouse gas emissions from renewable fuel may not be reduced below 10 percent, and the specified 60 percent reduction in greenhouse gas emissions from cellulosic biofuel may not be reduced below 50 percent.
"(C) ADJUSTED REDUCTION LEVELS— An adjustment under this paragraph to a percent less than the specified 20 percent greenhouse gas reduction for renewable fuel shall be the minimum possible adjustment, and the adjusted greenhouse gas reduction shall be established by the Administrator at the maximum achievable level, taking cost in consideration, for natural gas fired corn-based ethanol plants, allowing for the use of a variety of technologies and processes. An adjustment in the 50 or 60 percent greenhouse gas levels shall be the minimum possible adjustment for the fuel or fuels concerned, and the adjusted greenhouse gas reduction shall be established at the maximum achievable level, taking cost in consideration, allowing for the use of a variety of feedstocks, technologies, and processes.
"(D) 5-year review— Whenever the Administrator makes any adjustment under this paragraph, not later than 5 years thereafter he shall review and revise (based upon the same criteria and standards as required for the initial adjustment) the regulations establishing the adjusted level.
"(E) SUBSEQUENT ADJUSTMENTS— After the Administrator has promulgated a final rule under the last sentence of paragraph (2)(A)(i) with respect to the method of determining lifecycle greenhouse gas emissions, except as provided in subparagraph (D), the Administrator may not adjust the percent greenhouse gas reduction levels unless he determines that there has been a significant change in the analytical methodology used for determining the lifecycle greenhouse gas emissions. If he makes such determination, he may adjust the 20, 50, or 60 percent reduction levels through rulemaking using the criteria and standards set forth in this paragraph.
"(F) LIMIT ON UPWARD ADJUSTMENTS— If, under subparagraph (D) or (E), the Administrator revises a percent level adjusted as provided in subparagraphs (A), (B), and (C) to a higher percent, such higher percent may not exceed the applicable percent specified in paragraph (2)(A)(i), (1)(D), (1)(B)(i), or (1)(E).
"(G) APPLICABILITY OF ADJUSTMENTS— If the Administrator adjusts, or revises, a percent level referred to in this paragraph or makes a change in the analytical methodology used for determining the lifecycle greenhouse gas emissions, such adjustment, revision, or change (or any combination thereof) shall only apply to renewable fuel from new facilities that commence construction after the effective date of such adjustment, revision, or change.'.
(d) Credits for Additional Renewable Fuel—
Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by adding the following new subparagraph at the end thereof:
"(E) CREDITS FOR ADDITIONAL RENEWABLE FUEL— The Administrator may issue regulations providing: (i) for the generation of an appropriate amount of credits by any person that refines, blends, or imports additional renewable fuels specified by the Administrator; and (ii) for the use of such credits by the generator, or the transfer of all or a portion of the credits to another person, for the purpose of complying with paragraph (2).'.
(e) Waivers—
(1) IN GENERAL—
Paragraph (7)(A) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting ', by any person subject to the requirements of this subsection, or by the Administrator on his own motion' after 'one or more States' in subparagraph (A) and by striking out 'State' in subparagraph (B).
(2) CELLULOSIC BIOFUEL—
Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end thereof:
"(D) CELLULOSIC BIOFUEL— (i) For any calendar year for which the projected volume of cellulosic biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of cellulosic biofuel required under paragraph (2)(B) to the projected volume available during that calendar year. For any calendar year in which the Administrator makes such a reduction, the Administrator may also reduce the applicable volume of renewable fuel and advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume.
"(ii) Whenever the Administrator reduces the minimum cellulosic biofuel volume under this subparagraph, the Administrator shall make available for sale cellulosic biofuel credits at the higher of $0.25 per gallon or the amount by which $3.00 per gallon exceeds the average wholesale price of a gallon of gasoline in the United States. Such amounts shall be adjusted for inflation by the Administrator for years after 2008.
"(iii) Eighteen months after the date of enactment of this subparagraph, the Administrator shall promulgate regulations to govern the issuance of credits under this subparagraph. The regulations shall set forth the method for determining the exact price of credits in the event of a waiver. The price of such credits shall not be changed more frequently than once each quarter. These regulations shall include such provisions, including limiting the credits' uses and useful life, as the Administrator deems appropriate to assist market liquidity and transparency, to provide appropriate certainty for regulated entities and renewable fuel producers, and to limit any potential misuse of cellulosic biofuel credits to reduce the use of other renewable fuels, and for such other purposes as the Administrator determines will help achieve the goals of this subsection. The regulations shall limit the number of cellulosic biofuel credits for any calendar year to the minimum applicable volume (as reduced under this subparagraph) of cellulosic biofuel for that year.'.
(3) BIOMASS-BASED DIESEL—
Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end thereof:
"(E) BIOMASS-BASED DIESEL—
"(i) MARKET EVALUATION— The Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall periodically evaluate the impact of the biomass-based diesel requirements established under this paragraph on the price of diesel fuel.
"(ii) WAIVER— If the Administrator determines that there is a significant renewable feedstock disruption or other market circumstances that would make the price of biomass-based diesel fuel increase significantly, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall issue an order to reduce, for up to a 60-day period, the quantity of biomass-based diesel required under subparagraph (A) by an appropriate quantity that does not exceed 15 percent of the applicable annual requirement for biomass-based diesel. For any calendar year in which the Administrator makes a reduction under this subparagraph, the Administrator may also reduce the applicable volume of renewable fuel and advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume.
"(iii) EXTENSIONS— If the Administrator determines that the feedstock disruption or circumstances described in clause (ii) is continuing beyond the 60-day period described in clause (ii) or this clause, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, may issue an order to reduce, for up to an additional 60-day period, the quantity of biomass-based diesel required under subparagraph (A) by an appropriate quantity that does not exceed an additional 15 percent of the applicable annual requirement for biomass-based diesel.
"(F) MODIFICATION OF APPLICABLE VOLUMES— For any of the tables in paragraph (2)(B), if the Administrator waives—
"(i) at least 20 percent of the applicable volume requirement set forth in any such table for 2 consecutive years; or
"(ii) at least 50 percent of such volume requirement for a single year, the Administrator shall promulgate a rule (within 1 year after issuing such waiver) that modifies the applicable volumes set forth in the table concerned for all years following the final year to which the waiver applies, except that no such modification in applicable volumes shall be made for any year before 2016. In promulgating such a rule, the Administrator shall comply with the processes, criteria, and standards set forth in paragraph (2)(B)(ii).'.

SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD.[edit]

(a) In General—
The Secretary of Energy, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to assess the impact of the requirements described in section 211(o) of the Clean Air Act on each industry relating to the production of feed grains, livestock, food, forest products, and energy.
(b) Participation—
In conducting the study under this section, the National Academy of Sciences shall seek the participation, and consider the input, of—
(1) producers of feed grains;
(2) producers of livestock, poultry, and pork products;
(3) producers of food and food products;
(4) producers of energy;
(5) individuals and entities interested in issues relating to conservation, the environment, and nutrition;
(6) users and consumers of renewable fuels;
(7) producers and users of biomass feedstocks; and
(8) land grant universities.
(c) Considerations—
In conducting the study, the National Academy of Sciences shall consider—
(1) the likely impact on domestic animal agriculture feedstocks that, in any crop year, are significantly below current projections;
(2) policy options to alleviate the impact on domestic animal agriculture feedstocks that are significantly below current projections; and
(3) policy options to maintain regional agricultural and silvicultural capability.
(d) Components—
The study shall include—
(1) a description of the conditions under which the requirements described in section 211(o) of the Clean Air Act should be suspended or reduced to prevent adverse impacts to domestic animal agriculture feedstocks described in subsection (c)(2) or regional agricultural and silvicultural capability described in subsection (c)(3); and
(2) recommendations for the means by which the Federal Government could prevent or minimize adverse economic hardships and impacts.
(e) Deadline for Completion of Study—
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study under this section.
(f) Periodic Reviews—
Section 211(o) of the Clean Air Act is amended by adding the following at the end thereof:
"(11) PERIODIC REVIEWS— To allow for the appropriate adjustment of the requirements described in subparagraph (B) of paragraph (2), the Administrator shall conduct periodic reviews of—
"(A) existing technologies;
"(B) the feasibility of achieving compliance with the requirements; and
"(C) the impacts of the requirements described in subsection (a)(2) on each individual and entity described in paragraph (2).'.

SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.[edit]

(a) In General—
Not later than 3 years after the enactment of this section and every 3 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall assess and report to Congress on the impacts to date and likely future impacts of the requirements of section 211(o) of the Clean Air Act on the following:
(1) Environmental issues, including air quality, effects on hypoxia, pesticides, sediment, nutrient and pathogen levels in waters, acreage and function of waters, and soil environmental quality.
(2) Resource conservation issues, including soil conservation, water availability, and ecosystem health and biodiversity, including impacts on forests, grasslands, and wetlands.
(3) The growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture. In advance of preparing the report required by this subsection, the Administrator may seek the views of the National Academy of Sciences or another appropriate independent research institute. The report shall include the annual volume of imported renewable fuels and feedstocks for renewable fuels, and the environmental impacts outside the United States of producing such fuels and feedstocks. The report required by this subsection shall include recommendations for actions to address any adverse impacts found.
(b) Effect on Air Quality and Other Environmental Requirements—
Except as provided in section 211(o)(12) of the Clean Air Act, nothing in the amendments made by this title to section 211(o) of the Clean Air Act shall be construed as superseding, or limiting, any more environmentally protective requirement under the Clean Air Act, or under any other provision of State or Federal law or regulation, including any environmental law or regulation.

SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING.[edit]

(a) In General—
Each retail diesel fuel pump shall be labeled in a manner that informs consumers of the percent of biomass-based diesel or biodiesel that is contained in the biomass-based diesel blend or biodiesel blend that is offered for sale, as determined by the Federal Trade Commission.
(b) Labeling Requirements—
Not later than 180 days after the date of enactment of this section, the Federal Trade Commission shall promulgate biodiesel labeling requirements as follows:
(1) Biomass-based diesel blends or biodiesel blends that contain less than or equal to 5 percent biomass-based diesel or biodiesel by volume and that meet ASTM D975 diesel specifications shall not require any additional labels.
(2) Biomass-based diesel blends or biodiesel blends that contain more than 5 percent biomass-based diesel or biodiesel by volume but not more than 20 percent by volume shall be labeled 'contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent'.
(3) Biomass-based diesel or biodiesel blends that contain more than 20 percent biomass based or biodiesel by volume shall be labeled 'contains more than 20 percent biomass-based diesel or biodiesel'.
(c) Definitions—
In this section:
(1) ASTM—
The term 'ASTM' means the American Society of Testing and Materials.
(2) BIOMASS-BASED DIESEL—
The term 'biomass-based diesel' means biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)).
(3) BIODIESEL—
The term 'biodiesel' means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet—
(A) the registration requirements for fuels and fuel additives under this section; and
(B) the requirements of ASTM standard D6751.
(4) BIOMASS-BASED DIESEL AND BIODIESEL BLENDS—
The terms 'biomass-based diesel blend' and 'biodiesel blend' means a blend of 'biomass-based diesel' or 'biodiesel' fuel that is blended with petroleum-based diesel fuel.

SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY IN ELECTRIC VEHICLES.[edit]

(a) Definition of Electric Vehicle—
In this section, the term 'electric vehicle' means an electric motor vehicle (as defined in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271)) for which the rechargeable storage battery—
(1) receives a charge directly from a source of electric current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of the vehicle.
(b) Study—
The Administrator of the Environmental Protection Agency shall conduct a study on the feasibility of issuing credits under the program established under section 211(o) of the Clean Air Act to electric vehicles powered by electricity produced from renewable energy sources.
(c) Report—
Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives a report that describes the results of the study, including a description of—
(1) existing programs and studies on the use of renewable electricity as a means of powering electric vehicles; and
(2) alternatives for—
(A) designing a pilot program to determine the feasibility of using renewable electricity to power electric vehicles as an adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed under subparagraph (A), of electricity generated from nuclear energy as an additional source of supply;
(C) identifying the source of electricity used to power electric vehicles; and
(D) equating specific quantities of electricity to quantities of renewable fuel under section 211(o) of the Clean Air Act.

SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.[edit]

(a) In General—
The Secretary of Energy shall establish a grant program to encourage the production of advanced biofuels.
(b) Requirements and Priority—
In making grants under this section, the Secretary—
(1) shall make awards to the proposals for advanced biofuels with the greatest reduction in lifecycle greenhouse gas emissions compared to the comparable motor vehicle fuel lifecycle emissions during calendar year 2005; and
(2) shall not make an award to a project that does not achieve at least an 80 percent reduction in such lifecycle greenhouse gas emissions.
(c) Authorization of Appropriations—
There is authorized to be appropriated to carry out this section $500,000,000 for the period of fiscal years 2008 through 2015.

SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN DETERMINATIONS ON FUELS AND FUEL ADDITIVES.[edit]

Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is amended as follows:

(1) By striking 'nonroad vehicle (A) if in the judgment of the Administrator' and inserting 'nonroad vehicle if, in the judgment of the Administrator, any fuel or fuel additive or'; and
(2) In subparagraph (A), by striking 'air pollution which' and inserting 'air pollution or water pollution (including any degradation in the quality of groundwater) that'.

SEC. 209. ANTI-BACKSLIDING.[edit]

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following:

"(v) Prevention of Air Quality Deterioration—
"(1) STUDY—
"(A) IN GENERAL— Not later than 18 months after the date of enactment of this subsection, the Administrator shall complete a study to determine whether the renewable fuel volumes required by this section will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this Act.
"(B) CONSIDERATIONS— The study shall include consideration of—
"(i) different blend levels, types of renewable fuels, and available vehicle technologies; and
"(ii) appropriate national, regional, and local air quality control measures.
"(2) REGULATIONS— Not later than 3 years after the date of enactment of this subsection, the Administrator shall—
"(A) promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph (1), any adverse impacts on air quality, as the result of the renewable volumes required by this section; or
"(B) make a determination that no such measures are necessary.'.

SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION RULES.[edit]

(a) Transition Rules—
(1) For calendar year 2008, transportation fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), that is produced from facilities that commence construction after the date of enactment of this Act shall be treated as renewable fuel within the meaning of section 211(o) of the Clean Air Act only if it achieves at least a 20 percent reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, any ethanol plant that is fired with natural gas, biomass, or any combination thereof is deemed to be in compliance with such 20 percent reduction requirement and with the 20 percent reduction requirement of section 211(o)(1) of the Clean Air Act. The terms used in this subsection shall have the same meaning as provided in the amendment made by this Act to section 211(o) of the Clean Air Act.
(2) Until January 1, 2009, the Administrator of the Environmental Protection Agency shall implement section 211(o) of the Clean Air Act and the rules promulgated under that section in accordance with the provisions of that section as in effect before the enactment of this Act and in accordance with the rules promulgated before the enactment of this Act, except that for calendar year 2008, the number '9.0' shall be substituted for the number '5.4' in the table in section 211(o)(2)(B) and in the corresponding rules promulgated to carry out those provisions. The Administrator is authorized to take such other actions as may be necessary to carry out this paragraph notwithstanding any other provision of law.
(b) Savings Clause—
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding the following new paragraph at the end thereof:
"(12) EFFECT ON OTHER PROVISIONS— Nothing in this subsection, or regulations issued pursuant to this subsection, shall affect or be construed to affect the regulatory status of carbon dioxide or any other greenhouse gas, or to expand or limit regulatory authority regarding carbon dioxide or any other greenhouse gas, for purposes of other provisions (including section 165) of this Act. The previous sentence shall not affect implementation and enforcement of this subsection.'.
(c) Effective Date—
The amendments made by this title to section 211(o) of the Clean Air Act shall take effect January 1, 2009, except that the Administrator shall promulgate regulations to carry out such amendments not later than 1 year after the enactment of this Act.
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