Title 42The Public Health and WelfareRelease 119-73

§7546 Renewable fuel

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER II— - EMISSION STANDARDS FOR MOVING SOURCES › Part Part A— - Motor Vehicle Emission and Fuel Standards › § 7546

Last updated Apr 6, 2026|Official source

Summary

Pays for loan guarantees and grants to build and test commercial plants that make ethanol from cellulosic biomass and from sucrose. The Secretary of Energy can back loans for up to 4 demonstration projects. At least one project must use cereal straw and one must use municipal solid waste. Each project must be designed to make at least 30,000,000 gallons of ethanol per year. Applicants must show the design was proven by a continuous process that has produced at least 50,000 gallons total, pass a full technical review, have project performance guarantees, be economically viable with the loan guarantee, and show reasonable assurance the loan will be repaid. Guarantees may cover up to 80% of estimated project cost but no more than $250,000,000 per project. The Secretary may add guarantees for cost overruns, covering up to 80% of extra costs but not more than 15% of the original guarantee amount, and must guarantee 100% of principal and interest for a loan made under that rule. Applicants need binding equity commitments of at least 20% of total cost. If funds do not let the Secretary guarantee 3 projects, projects will be guaranteed in the order applications arrive. Applications must be approved or denied within 90 days. The law also authorizes $4,000,000 per year for fiscal years 2005 through 2007 for a resource center at Mississippi State and Oklahoma State Universities. The Administrator must give grants to develop renewable fuel technology in RFG States with low ethanol production; $25,000,000 is authorized each year for fiscal years 2006 through 2010. The Secretary may give grants to merchant producers for U.S. facilities using agricultural residues or municipal solid waste; $250,000,000 is authorized for fiscal year 2006 and $400,000,000 for fiscal year 2007. Municipal solid waste — same meaning as “solid waste” in section 6903. RFG State — a State that contains one or more “covered areas” under section 7545(k)(10)(D). Secretary — the Secretary of Energy.

Full Legal Text

Title 42, §7546

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:
(1)The term “municipal solid waste” has the meaning given the term “solid waste” in section 6903 of this title.
(2)The term “RFG State” means a State in which is located one or more covered areas (as defined in section 7545(k)(10)(D) of this title).
(3)The term “Secretary” means the Secretary of Energy.
(b)(1)Funds may be provided for the cost (as defined in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of loan guarantees issued under title XIV of the Energy Policy Act 11 See References in Text note below. to carry out commercial demonstration projects for celluosic 22 So in original. biomass and sucrose-derived ethanol.
(2)(A)The Secretary shall issue loan guarantees under this section to carry out not more than 4 projects to commercially demonstrate the feasibility and viability of producing cellulosic biomass ethanol or sucrose-derived ethanol, including at least 1 project that uses cereal straw as a feedstock and 1 project that uses municipal solid waste as a feedstock.
(B)Each project shall have a design capacity to produce at least 30,000,000 gallons of cellulosic biomass ethanol each year.
(3)An applicant for a loan guarantee under this section shall provide assurances, satisfactory to the Secretary, that—
(A)the project design has been validated through the operation of a continuous process facility with a cumulative output of at least 50,000 gallons of ethanol;
(B)the project has been subject to a full technical review;
(C)the project is covered by adequate project performance guarantees;
(D)the project, with the loan guarantee, is economically viable; and
(E)there is a reasonable assurance of repayment of the guaranteed loan.
(4)(A)Except as provided in subparagraph (B), a loan guarantee under this section may be issued for up to 80 percent of the estimated cost of a project, but may not exceed $250,000,000 for a project.
(B)(i)The Secretary may issue additional loan guarantees for a project to cover up to 80 percent of the excess of actual project cost over estimated project cost but not to exceed 15 percent of the amount of the original guarantee.
(ii)Subject to subparagraph (A), the Secretary shall guarantee 100 percent of the principal and interest of a loan made under subparagraph (A).
(5)To be eligible for a loan guarantee under this section, an applicant for the loan guarantee shall have binding commitments from equity investors to provide an initial equity contribution of at least 20 percent of the total project cost.
(6)If the amount made available to carry out this section is insufficient to allow the Secretary to make loan guarantees for 3 projects described in subsection (b), the Secretary shall issue loan guarantees for one or more qualifying projects under this section in the order in which the applications for the projects are received by the Secretary.
(7)An application for a loan guarantee under this section shall be approved or disapproved by the Secretary not later than 90 days after the application is received by the Secretary.
(c)There is authorized to be appropriated, for a resource center to further develop bioconversion technology using low-cost biomass for the production of ethanol at the Center for Biomass-Based Energy at the Mississippi State University and the Oklahoma State University, $4,000,000 for each of fiscal years 2005 through 2007.
(d)(1)The Administrator shall provide grants for the research into, and development and implementation of, renewable fuel production technologies in RFG States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol.
(2)(A)The entities eligible to receive a grant under this subsection are academic institutions in RFG States, and consortia made up of combinations of academic institutions, industry, State government agencies, or local government agencies in RFG States, that have proven experience and capabilities with relevant technologies.
(B)To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Administrator an application in such manner and form, and accompanied by such information, as the Administrator may specify.
(3)There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2006 through 2010.
(e)(1)The Secretary may provide grants to merchant producers of cellulosic biomass ethanol in the United States to assist the producers in building eligible production facilities described in paragraph (2) for the production of cellulosic biomass ethanol.
(2)A production facility shall be eligible to receive a grant under this subsection if the production facility—
(A)is located in the United States; and
(B)uses cellulosic biomass feedstocks derived from agricultural residues or municipal solid waste.
(3)There is authorized to be appropriated to carry out this subsection—
(A)$250,000,000 for fiscal year 2006; and
(B)$400,000,000 for fiscal year 2007.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Credit Reform Act of 1990, referred to in subsec. (b)(1), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see

Short Title

note set out under section 621 of Title 2 and Tables. The Energy Policy Act, referred to in subsec. (b)(1), probably means the Energy Policy Act of 2005, Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594. Title XIV of the Act probably should be a reference to title XV of the Act which relates to ethanol and motor fuels and enacted subchapter XIV (§ 16501 et seq.) of chapter 149 of this title and sections 6991i to 6991m and 7546 of this title, amended sections 6991 to 6991f, 6991h, 1991i, 7135, 7545, and 13220 of this title, and enacted provisions set out as notes under section 7545 of this title. Title XIV of the Act, which contains miscellaneous provisions, is classified principally to subchapter XIII (§ 16491 et seq.) of chapter 149 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 15801 of this title and Tables.

Prior Provisions

A prior section 7546, act
July 14, 1955, ch. 360, title II, § 212, as added Dec. 31, 1970, Pub. L. 91–604, § 10(c), 84 Stat. 1700; amended Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1739; Apr. 9, 1973, Pub. L. 93–15, § 1(b), 87 Stat. 11;
June 22, 1974, Pub. L. 93–319, § 13(b), 88 Stat. 265, related to low-emission vehicles, prior to repeal by Pub. L. 101–549, title II, § 230(10), Nov. 15, 1990, 104 Stat. 2529. A prior section 212 of act
July 14, 1955, was renumbered section 213 by Pub. L. 91–604, renumbered section 214 by Pub. L. 93–319, and renumbered section 216 by Pub. L. 95–95, and is classified to section 7550 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7546

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73