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108th CONGRESS
2d Session
H. R. 4652
To amend the Clean Air Act to prohibit the use of methyl tertiary butyl
ether as a fuel additive, to require Federal fleet vehicles to use
ethanol fuel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2004
Mr. Nussle (for himself and Mr. Latham) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Clean Air Act to prohibit the use of methyl tertiary butyl
ether as a fuel additive, to require Federal fleet vehicles to use
ethanol 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Independence Act of 2004''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--RENEWABLE FUELS INCENTIVES
Sec. 101. Renewable content of motor vehicle fuel.
Sec. 102. Prohibition on use of MTBE as a fuel additive.
Sec. 103. Federal agency fleet vehicles.
TITLE II--TAX INCENTIVES
Sec. 201. Extension and expansion of credit for electricity produced
from certain renewable resources.
Sec. 202. Small ethanol producer credit.
Sec. 203. Credit for energy efficient appliances.
Sec. 204. Repeal of 4.3-cent motor fuel excise taxes on railroads and
inland waterway transportation which remain
in general fund.
Sec. 205. Credit for construction of new energy efficient home.
Sec. 206. Credit for energy efficiency improvements to existing homes.
Sec. 207. Special rules for credit for electricity produced from
certain renewable resources.
Sec. 208. Alcohol and biodiesel excise tax credit and extension of
alcohol fuels income tax credit.
Sec. 209. Biodiesel income tax credit.
Sec. 210. Expansion of qualified small-issue bond program; treatment of
renewable fuel production facilities.
Sec. 211. Alternative motor vehicle credit.
Sec. 212. Credit for engines complying with Tier 2, 3, or 4 emission
levels.
TITLE I--RENEWABLE FUELS INCENTIVES
SEC. 101. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended--
(1) by redesignating subsection (o) as subsection (q); and
(2) by inserting after subsection (n) the following:
``(o) Renewable Fuel Program.--
``(1) Definitions.--In this section:
``(A) Ethanol.--(i) The term `cellulosic biomass
ethanol' means ethanol derived from any lignocellulosic
or hemicellulosic matter that is available on a
renewable or recurring basis, including--
``(I) dedicated energy crops and trees;
``(II) wood and wood residues;
``(III) plants;
``(IV) grasses;
``(V) agricultural residues; and
``(VI) fibers.
``(ii) The term `waste derived ethanol' means
ethanol derived from--
``(I) animal wastes, including poultry fats
and poultry wastes, and other waste materials;
or
``(II) municipal solid waste.
``(B) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, 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 cellulosic biomass ethanol,
waste derived ethanol, and 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).
``(C) Small refinery.--The term `small refinery'
means a refinery for which average aggregate daily
crude oil throughput for the 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) In general.--Not later than 1 year after the
enactment of this subsection, the Administrator shall
promulgate regulations ensuring that motor vehicle fuel
sold or dispensed to consumers in the contiguous United
States, on an annual average basis, contains the
applicable volume of renewable fuel as specified in
subparagraph (B). Regardless of the date of
promulgation, such regulations shall contain compliance
provisions for refiners, blenders, and importers, as
appropriate, to ensure that the requirements of this
section are met, but shall not restrict where renewable
fuel can be used, or impose any per-gallon obligation
for the use of renewable fuel. If the Administrator
does not promulgate such regulations, the applicable
percentage referred to in paragraph (4), on a volume
percentage of gasoline basis, shall be 2.2 in 2005.
``(B) Applicable volume.--
``(i) Calendar years 2005 through 2012.--
For the purpose of subparagraph (A), the
applicable volume for any of calendar years
2005 through 2012 shall be determined in
accordance with the following table:
Applicable volume of renewable fuel
``Calendar year (in billions of gallons)
2005................................................... 3.1
2006................................................... 3.3
2007................................................... 3.5
2008................................................... 3.8
2009................................................... 4.1
2010................................................... 4.4
2011................................................... 4.7
2012................................................... 5.0.
``(ii) 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 equal to
the product obtained by multiplying--
``(I) the number of gallons of
gasoline that the Administrator
estimates will be sold or introduced
into commerce in the calendar year; and
``(II) the ratio that--
``(aa) 5.0 billion gallons
of renewable fuels; bears to
``(bb) the number of
gallons of gasoline sold or
introduced into commerce in
calendar year 2012.
``(3) Non-contiguous state opt-in.--Upon the petition of a
non-contiguous State, the Administrator may allow the renewable
fuel program established by subtitle A of title XV of the
Renewable Resources Act of 2004 to apply in such non-contiguous
State at the same time or any time after the Administrator
promulgates regulations under paragraph (2). The Administrator
may promulgate or revise regulations under paragraph (2),
establish applicable percentages under paragraph (4), provide
for the generation of credits under paragraph (6), and take
such other actions as may be necessary to allow for the
application of the renewable fuels program in a non-contiguous
State.
``(4) Applicable percentages.--
``(A) Provision of estimate of volumes of gasoline
sales.--Not later than October 31 of each of calendar
years 2004 through 2011, the Administrator of the
Energy Information Administration shall provide to the
Administrator of the Environmental Protection Agency an
estimate of the volumes of gasoline that will be sold
or introduced into commerce in the United States during
the following calendar year.
``(B) Determination of applicable percentages.--
``(i) In general.--Not later than November
30 of each of the calendar years 2004 through
2011, based on the estimate provided under
subparagraph (A), the Administrator shall
determine and publish in the Federal Register,
with respect to the following calendar year,
the renewable fuel obligation that ensures that
the requirements of paragraph (2) are met.
``(ii) Required elements.--The renewable
fuel obligation determined for a calendar year
under clause (i) shall--
``(I) be applicable to refiners,
blenders, and importers, as
appropriate;
``(II) be expressed in terms of a
volume percentage of gasoline sold or
introduced into commerce; and
``(III) subject to subparagraph
(C)(i), consist of a single applicable
percentage that applies to all
categories of persons specified in
subclause (I).
``(C) Adjustments.--In determining the applicable
percentage for a calendar year, the Administrator shall
make adjustments--
``(i) to prevent the imposition of
redundant obligations to any person specified
in subparagraph (B)(ii)(I); and
``(ii) to account for the use of renewable
fuel during the previous calendar year by small
refineries that are exempt under paragraph
(11).
``(5) Equivalency.--For the purpose of paragraph (2), 1
gallon of either cellulosic biomass ethanol or waste derived
ethanol--
``(A) shall be considered to be the equivalent of
1.5 gallon of renewable fuel; or
``(B) if the cellulosic biomass ethanol or waste
derived ethanol is derived from agricultural residue or
is an agricultural byproduct (as that term is used in
section 919 of the Renewable Resources Act of 2004),
shall be considered to be the equivalent of 2.5 gallons
of renewable fuel.
``(6) Credit program.--
``(A) In general.--The regulations promulgated to
carry out this subsection shall provide for the
generation of an appropriate amount of credits by any
person that refines, blends, or imports gasoline that
contains a quantity of renewable fuel that is greater
than the quantity required under paragraph (2). Such
regulations shall provide for the generation of an
appropriate amount of credits for biodiesel fuel. If a
small refinery notifies the Administrator that it
waives the exemption provided paragraph (11), the
regulations shall provide for the generation of credits
by the small refinery beginning in the year following
such notification.
``(B) Use of credits.--A person that generates
credits under subparagraph (A) may use the credits, or
transfer all or a portion of the credits to another
person, for the purpose of complying with paragraph
(2).
``(C) Life of credits.--A credit generated under
this paragraph shall be valid to show compliance--
``(i) in the calendar year in which the
credit was generated or the next calendar year;
or
``(ii) in the calendar year in which the
credit was generated or next two consecutive
calendar years if the Administrator promulgates
regulations under paragraph (7).
``(D) Inability to purchase sufficient credits.--
The regulations promulgated to carry out this
subsection shall include provisions allowing any person
that is unable to generate or purchase sufficient
credits to meet the requirements under paragraph (2) to
carry forward a renewable fuel deficit provided that,
in the calendar year following the year in which the
renewable fuel deficit is created, such person shall
achieve compliance with the renewable fuel requirement
under paragraph (2), and shall generate or purchase
additional renewable fuel credits to offset the
renewable fuel deficit of the previous year.
``(7) Seasonal variations in renewable fuel use.--
``(A) Study.--For each of the calendar years 2005
through 2012, the Administrator of the Energy
Information Administration shall conduct a study of
renewable fuels blending to determine whether there are
excessive seasonal variations in the use of renewable
fuels.
``(B) Regulation of excessive seasonal
variations.--If, for any calendar year, the
Administrator of the Energy Information Administration,
based on the study under subparagraph (A), makes the
determinations specified in subparagraph (C), the
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