Biodiesel Promotion and Quality Assurance Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel fuel sold in the United States contains the volume of biodiesel specified for 2008 through 2012. Requires the Administrator to determine the volume for 2013 and thereafter based on a review of the program. Requires at least 80% of the minimum applicable volume for each of 2008 through 2012 to be biodiesel.
Requires the biodiesel fuel standards to contain compliance provisions applicable to refineries, blenders, distributors, and importers. Prohibits such standards from restricting geographic areas in which biodiesel may be used or imposing any per-gallon obligation for the use of biodiesel.
Authorizes the Administrator to reduce the quantity of biodiesel required by a specified amount if market circumstances would make the price of biodiesel fuel unreasonable.
Declares that nothing in this Act shall be construed to supersede any biodiesel mandate provided in any state or local law enacted as of January 1, 2008.
Requires the Administrator to: (1) promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate International standards is introduced into commerce; and (2) establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meet such standards. Prohibits the production of distribution of biodiesel, a biodiesel blend, or any bio-based diesel replacement that does not meet American Society of Testing and Materials standards, regardless of whether the Administrator promulgates such regulations.
Requires retail diesel fuel pumps to be labeled to inform consumers of the percent of biodiesel in the biodiesel blend.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3781 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3781
To amend the Clean Air Act to promote and assure the quality of
biodiesel fuel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 9, 2007
Mr. Hill (for himself, Mr. Shimkus, Ms. Velazquez, Mr. Hulshof, Ms.
Herseth Sandlin, Mr. Graves, Mr. Braley of Iowa, Mr. Peterson of
Minnesota, Mr. Boswell, and Mr. Cleaver) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to promote and assure the quality of
biodiesel fuel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biodiesel Promotion and Quality
Assurance Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the promotion of the biodiesel industry of the United
States is a critical component of an energy policy that reduces
dependence on foreign sources of petroleum;
(2) a strong biodiesel industry will--
(A) significantly enhance the energy security of
the United States; and
(B) promote economic development and job creation
(particularly in rural areas of the United States),
while providing environmental, health, and greenhouse
gas reduction benefits;
(3) a federally-implemented biodiesel standard will result
in the most efficient pricing for biodiesel across the United
States;
(4) it is critical to ensure that only high quality
biodiesel is dispensed;
(5) biodiesel contributes to cleaner air and lifecycle
reductions of greenhouse gases;
(6) biodiesel is an environmentally safe fuel, and is the
most viable transportation fuel when measuring its carbon
footprint, life cycle and energy balance;
(7) the United States Department of Agriculture lifecycle
study shows a 78.4 percent reduction in lifecycle CO2 for B100;
(8) 1 billion gallons of biodiesel will reduce current life
cycle greenhouse gas emissions by 16.12 billion pounds, the
equivalent of removing 1.4 million passenger vehicles from
America's roads; and
(9) in 2006 alone, biodiesel's contribution to reducing
greenhouse gas emissions was equal to removing 350,000
passenger vehicles from America's roads.
SEC. 3. BIODIESEL FUEL STANDARD.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
inserting after subsection (o) the following:
``(p) Biodiesel Fuel.--
``(1) Definitions.--In this subsection:
``(A) ASTM.--The term `ASTM' means the American
Society of Testing and Materials.
``(B) Bio-based diesel replacement.--The term `bio-
based diesel replacement' means any type of bio-based
renewable fuel derived from plant or animal matter
that--
``(i) may be used as a substitute for
standard diesel fuel; and
``(ii) meets--
``(I) the registration requirements
for fuels and fuel additives under this
section; and
``(II) the requirements of
applicable ASTM standards.
``(C) Biodiesel.--
``(i) In general.--The term `biodiesel'
means the monoalkyl esters of long chain fatty
acids derived from plant or animal matter that
meet--
``(I) the registration requirements
for fuels and fuel additives under this
section; and
``(II) the requirements of ASTM
standard D6751.
``(ii) Inclusion.--For the purpose of
measuring the applicable volume of the
biodiesel fuel standard under paragraph (2),
the term `biodiesel' includes any bio-based
diesel replacement that meets--
``(I) applicable registration
requirements for fuels and fuel
additives under this section; or
``(II) applicable ASTM standards.
``(D) Biodiesel blend.--The term `biodiesel blend'
means a blend of biodiesel fuel that meets the
requirements of ASTM standard D6751 with petroleum-
based diesel fuel.
``(2) Biodiesel fuel standard.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Administrator
shall promulgate regulations to ensure that diesel fuel
sold or introduced into commerce in the United States,
on an annual average basis, contains the applicable
volume of biodiesel determined in accordance with
subparagraphs (B) and (C).
``(B) Calendar years 2008 through 2012.--For the
purpose of subparagraph (A), the applicable volume for
any of calendar years 2008 through 2012 shall be
determined in accordance with the following table:
Applicable volume of biodiesel
``Calendar year: (in millions of gallons):
2008................................................... 450
2009................................................... 625
2010................................................... 800
2011................................................... 1,000
2012................................................... 1,250.
``(C) Calendar year 2013 and thereafter.--For the
purpose of subparagraph (A), the applicable volume for
calendar year 2013 and each calendar year thereafter
shall be determined by the Administrator, in
consultation with the Secretary of Energy and the
Secretary of Agriculture, based on a review of the
implementation of the program during calendar years
2008 through 2012, including a review of--
``(i) the impact of the use of renewable
fuels on the environment, air quality, energy
security, job creation, and rural economic
development; and
``(ii) the expected annual rate of future
production of biodiesel.
``(D) Minimum percentage of biodiesel.--For the
purpose of subparagraph (B), at least 80 percent of the
minimum applicable volume for each of calendar years
2008 through 2012 shall be biodiesel.
``(E) Compliance.--The regulations promulgated
under subparagraph (A) shall contain compliance
provisions applicable to refineries, blenders,
distributors, and importers, as appropriate, to ensure
that the requirements of this paragraph are met, but
shall not--
``(i) restrict geographic areas in which
biodiesel may be used; or
``(ii) impose any per-gallon obligation for
the use of biodiesel.
``(F) Waivers.--
``(i) Market evaluation.--The
Administrator, in consultation with the
Secretary of Energy and the Secretary of
Agriculture, shall continually evaluate the
impact of the biodiesel requirements
established under this paragraph on the price
of diesel fuel.
``(ii) Waiver.--If the Administrator
determines that there is a significant
biodiesel feedstock disruption or other market
circumstances that would make the price of
biodiesel fuel unreasonable, the Administrator,
with the concurrence of the Secretary of Energy
and the Secretary of Agriculture, shall issue
an order to reduce, for a 60-day period, the
quantity of biodiesel required under
subparagraph (A) by an appropriate quantity
that does not exceed 15 percent of the
applicable annual requirement for biodiesel.
``(iii) Factors.--In making determinations
under this subparagraph, the Administrator
shall consider--
``(I) the purposes of this Act;
``(II) the differential between the
price of diesel fuel and the price of
biodiesel; and
``(III) the impact the biodiesel
mandate has on consumers.
``(iv) 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, with the concurrence of the
Secretary of Energy and the Secretary of
Agriculture, may issue an order to reduce, for
an additional 60-day period, the quantity of
biodiesel required under subparagraph (A) by an
appropriate quantity that does not exceed an
additional 15 percent of the applicable annual
requirement for biodiesel.
``(v) Restoration.--If the Administrator
determines that the feedstock disruption or
circumstances described in clause (ii) or (iv)
has concluded and that it is practicable, the
Administrator, with the concurrence of the
Secretary of Energy and the Secretary of
Agriculture, may issue an order to increase the
quantity of biodiesel required under
subparagraph (A) by an appropriate quantity to
account for the gallons of biodiesel not used
during the period a waiver or extension was in
effect under this subparagraph.
``(G) Preemption.--
``(i) In general.--Except as provided in
clause (ii) of this subparagraph, the
provisions of this section shall supersede any
law of any State or political subdivision
thereof insofar as it mandates the use of
biodiesel.
``(ii) Construction and application.--
Nothing in this section shall be construed--
``(I) to supersede any biodiesel
mandate provided in any law described
in clause (i) that is enacted as of
January 1, 2008;
``(II) to prohibit a State or
political subdivision thereof from
mandating the use of biodiesel in
vehicles owned by such State or
political subdivisions thereof; or
``(III) to prohibit a State or
political subdivision thereof from
enacting financial incentives to
promote the voluntary use of
biodiesel.''.
SEC. 4. BIODIESEL QUALITY.
Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545)
(as added by section 3(a)) is amended by adding at the end the
following:
``(3) Biodiesel quality.--
``(A) Quality regulations.--Not later than 180 days
after the date of enactment of this subsection, the
Administrator, in consultation with the Secretary of
Energy and the Secretary of Agriculture, shall
promulgate regulations to ensure that only high-quality
biodiesel that is consistent with appropriate ASTM
International standards for biodiesel and biodiesel
blends is introduced into commerce.
``(B) Enforcement.--The Administrator shall
establish an inspection program to ensure that
biodiesel and biodiesel blends entering commerce meets
the standards established under subparagraph (A).
``(C) Violations.--Regardless of whether the
Administrator promulgates regulations under
subparagraph (A), it shall be a violation of this Act
to produce or distribute--
``(i) biodiesel or any bio-based diesel
replacement that does not meet the requirements
of ASTM standard D6751; or
``(ii) a biodiesel blend that does not meet
the equivalent ASTM standard, as determined by
the Administrator.
``(D) Funding.--There are authorized to be
appropriated to carry out this paragraph $3,000,000 for
each of fiscal years 2008 through 2010.''.
SEC. 5. BIODIESEL LABELING.
Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545)
(as amended by section 4) is amended by adding at the end the
following:
``(4) Biodiesel labeling.--
``(A) In general.--Each retail diesel fuel pump
shall be labeled in a manner that informs consumers of
the percent of biodiesel that is contained in the
biodiesel blend that is offered for sale, as determined
by the Administrator.
``(B) Labeling requirements.--Not later than 180
days after the date of enactment of this subsection,
the Administrator shall promulgate biodiesel labeling
requirements as follows:
``(i) Biodiesel blends that contain less
than or equal to 5 percent biodiesel by volume
and that meet ASTM D975 diesel specifications
shall not require any additional labels.
``(ii) Biodiesel blends that contain more
than 5 percent biodiesel by volume but not more
than 20 percent by volume shall be labeled
`contains biodiesel in quantities between 5
percent and 20 percent'.
``(iii) Biodiesel blends that contain more
than 20 percent biodiesel by volume shall be
labeled `contains more than 20 percent
biodiesel'.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Air Quality.
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