PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 1073
‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of this paragraph, the Secretary of Energy shall conduct for the Administrator a study assessing whether the renewable fuel requirement under paragraph (2) will likely result in significant adverse impacts on consumers in 2006, on a national, regional, or State basis. ‘‘(B) REQUIRED EVALUATIONS.—The study shall evaluate renewable fuel— ‘‘(i) supplies and prices; ‘‘(ii) blendstock supplies; and ‘‘(iii) supply and distribution system capabilities. ‘‘(C) RECOMMENDATIONS BY THE SECRETARY.—Based on the results of the study, the Secretary of Energy shall make specific recommendations to the Administrator concerning waiver of the requirements of paragraph (2), in whole or in part, to prevent any adverse impacts described in subparagraph (A). ‘‘(D) WAIVER.— ‘‘(i) IN GENERAL.—Not later than 270 days after the date of enactment of this paragraph, the Administrator shall, if and to the extent recommended by the Secretary of Energy under subparagraph (C), waive, in whole or in part, the renewable fuel requirement under paragraph (2) by reducing the national quantity of renewable fuel required under paragraph (2) in calendar year 2006. ‘‘(ii) NO EFFECT ON WAIVER AUTHORITY.—Clause (i) does not limit the authority of the Administrator to waive the requirements of paragraph (2) in whole, or in part, under paragraph (7). ‘‘(9) SMALL REFINERIES.— ‘‘(A) TEMPORARY EXEMPTION.— ‘‘(i) IN GENERAL.—The requirements of paragraph (2) shall not apply to small refineries until calendar year 2011. ‘‘(ii) EXTENSION OF EXEMPTION.— ‘‘(I) STUDY BY SECRETARY OF ENERGY.—Not later than December 31, 2008, the Secretary of Energy shall conduct for the Administrator a study to determine whether compliance with the requirements of paragraph (2) would impose a disproportionate economic hardship on small refineries. ‘‘(II) EXTENSION OF EXEMPTION.—In the case of a small refinery that the Secretary of Energy determines under subclause (I) would be subject to a disproportionate economic hardship if required to comply with paragraph (2), the Administrator shall extend the exemption under clause (i) for the small refinery for a period of not less than 2 additional years. ‘‘(B) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC HARDSHIP.— ‘‘(i) EXTENSION OF EXEMPTION.—A small refinery may at any time petition the Administrator for an extension of the exemption under subparagraph (A) for the reason of disproportionate economic hardship.
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