119 STAT. 1068
‘‘(i) IN GENERAL.—The term ‘renewable fuel’ means motor vehicle fuel that— ‘‘(I)(aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or ‘‘(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and ‘‘(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. ‘‘(ii) INCLUSION.—The term ‘renewable fuel’ includes— ‘‘(I) cellulosic biomass ethanol and ‘waste derived ethanol’; and ‘‘(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). ‘‘(D) 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. ‘‘(2) RENEWABLE FUEL PROGRAM.— ‘‘(A) REGULATIONS.— ‘‘(i) IN GENERAL.—Not later than 1 year after the date of enactment of this paragraph, the Administrator shall promulgate regulations to ensure that gasoline sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renewable fuel determined in accordance with subparagraph (B). ‘‘(ii) NONCONTIGUOUS STATE OPT-IN.— ‘‘(I) IN GENERAL.—On the petition of a noncontiguous State or territory, the Administrator may allow the renewable fuel program established under this subsection to apply in the noncontiguous State or territory at the same time or any time after the Administrator promulgates regulations under this subparagraph. ‘‘(II) OTHER ACTIONS.—In carrying out this clause, the Administrator may— ‘‘(aa) issue or revise regulations under this paragraph; ‘‘(bb) establish applicable percentages under paragraph (3);
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VerDate 14-DEC-2004
08:19 Oct 26, 2006
PUBLIC LAW 109–58—AUG. 8, 2005
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