119 STAT. 1072
‘‘(i) less than 25 percent of the quantity of renewable fuel necessary to meet the requirements of paragraph (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 calendar years; and ‘‘(iii) promulgating regulations or other requirements 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 standards or significantly increase the price of motor fuels to the consumer. ‘‘(D) PERIODS.—The 2 periods referred to in this paragraph 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 REQUIREMENTS.—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 Administrator, 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 Secretary of Energy, shall approve or disapprove a State petition 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.—
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08:19 Oct 26, 2006
PUBLIC LAW 109–58—AUG. 8, 2005
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