---
kind: "section"
citation: "42 U.S.C. § 7546"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7546"
heading: "Renewable fuel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7546"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter II — Emission Standards for Moving Sources"
  - "Part A — Motor Vehicle Emission and Fuel Standards"
---

# §7546. Renewable fuel

- (a) **Definitions—** In this section:
  - (1) **Municipal solid waste—** The term “municipal solid waste” has the meaning given the term “solid waste” in [section 6903 of this title](/usc/42/6903.md).
  - (2) **RFG State—** The term “RFG [State](/usc/42/7602.md?p=d)” means a [State](/usc/42/7602.md?p=d) in which is located one or more covered areas (as defined in [section 7545(k)(10)(D) of this title](/usc/42/7545.md?p=k-10-D)).
  - (3) **Secretary—** The term “[Secretary](/usc/42/242q–4.md?p=2)” means the [Secretary](/usc/42/242q–4.md?p=2) of Energy.
- (b) **Cellulosic biomass ethanol and municipal solid waste loan guarantee program—**
  - (1) **In general—** Funds may be provided for the cost (as defined in the Federal Credit Reform Act of 1990 ([2 U.S.C. 661](/usc/2/661.md) et seq.)) of loan guarantees issued under title XIV of the Energy Policy Act[^1] to carry out commercial demonstration [projects](/usc/42/13641.md?p=2) for celluosic[^2] biomass and sucrose-derived ethanol.
  - (2) **Demonstration projects—**
    - (A) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) shall issue loan guarantees under this section to carry out not more than 4 [projects](/usc/42/13641.md?p=2) to commercially demonstrate the feasibility and viability of producing cellulosic biomass ethanol or sucrose-derived ethanol, including at least 1 [project](/usc/42/13641.md?p=2) that uses cereal straw as a feedstock and 1 [project](/usc/42/13641.md?p=2) that uses municipal solid waste as a feedstock.
    - (B) **Design capacity—** Each [project](/usc/42/13641.md?p=2) shall have a design capacity to produce at least 30,000,000 gallons of cellulosic biomass ethanol each year.
  - (3) **Applicant assurances—** An applicant for a loan guarantee under this section shall provide assurances, satisfactory to the [Secretary](/usc/42/242q–4.md?p=2), that—
    - (A) the [project](/usc/42/13641.md?p=2) 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](/usc/42/13641.md?p=2) has been subject to a full technical review;
    - (C) the [project](/usc/42/13641.md?p=2) is covered by adequate [project](/usc/42/13641.md?p=2) performance guarantees;
    - (D) the [project](/usc/42/13641.md?p=2), with the loan guarantee, is economically viable; and
    - (E) there is a reasonable assurance of repayment of the guaranteed loan.
  - (4) **Limitations—**
    - (A) **Maximum guarantee—** Except as provided in [subparagraph (B)](#b-4-B), a loan guarantee under this section may be issued for up to 80 percent of the estimated cost of a [project](/usc/42/13641.md?p=2), but may not exceed $250,000,000 for a [project](/usc/42/13641.md?p=2).
    - (B) **Additional guarantees—**
      - (i) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) may issue additional loan guarantees for a [project](/usc/42/13641.md?p=2) to cover up to 80 percent of the excess of actual [project](/usc/42/13641.md?p=2) cost over estimated [project](/usc/42/13641.md?p=2) cost but not to exceed 15 percent of the amount of the original guarantee.
      - (ii) **Principal and interest—** Subject to [subparagraph (A)](#b-4-A), the [Secretary](/usc/42/242q–4.md?p=2) shall guarantee 100 percent of the principal and interest of a loan made under [subparagraph (A)](#b-4-A).
  - (5) **Equity contributions—** 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](/usc/42/13641.md?p=2) cost.
  - (6) **Insufficient amounts—** If the amount made available to carry out this section is insufficient to allow the [Secretary](/usc/42/242q–4.md?p=2) to make loan guarantees for 3 [projects](/usc/42/13641.md?p=2) described in [subsection (b)](#b), the [Secretary](/usc/42/242q–4.md?p=2) shall issue loan guarantees for one or more qualifying [projects](/usc/42/13641.md?p=2) under this section in the order in which the applications for the [projects](/usc/42/13641.md?p=2) are received by the [Secretary](/usc/42/242q–4.md?p=2).
  - (7) **Approval—** An application for a loan guarantee under this section shall be approved or disapproved by the [Secretary](/usc/42/242q–4.md?p=2) not later than 90 days after the application is received by the [Secretary](/usc/42/242q–4.md?p=2).
- (c) **Authorization of appropriations for resource center—** 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](/usc/42/7602.md?p=d) University and the Oklahoma [State](/usc/42/7602.md?p=d) University, $4,000,000 for each of fiscal years 2005 through 2007.
- (d) **Renewable fuel production research and development grants—**
  - (1) **In general—** The [Administrator](/usc/42/7602.md?p=a) shall provide grants for the research into, and development and implementation of, renewable fuel production technologies in RFG [States](/usc/42/7602.md?p=d) with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol.
  - (2) **Eligibility—**
    - (A) **In general—** The entities eligible to receive a grant under this subsection are academic institutions in RFG [States](/usc/42/7602.md?p=d), and consortia made up of combinations of academic institutions, industry, [State](/usc/42/7602.md?p=d) government [agencies](/usc/42/8262.md?p=1), or local government [agencies](/usc/42/8262.md?p=1) in RFG [States](/usc/42/7602.md?p=d), that have proven experience and capabilities with relevant technologies.
    - (B) **Application—** To be eligible to receive a grant under this subsection, an eligible entity shall submit to the [Administrator](/usc/42/7602.md?p=a) an application in such manner and form, and accompanied by such information, as the [Administrator](/usc/42/7602.md?p=a) may specify.
  - (3) **Authorization of appropriations—** There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2006 through 2010.
- (e) **Cellulosic biomass ethanol conversion assistance—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) 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)](#e-2) for the production of cellulosic biomass ethanol.
  - (2) **Eligible production facilities—** 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) **Authorization of appropriations—** 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.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original.

## Source credit

(July 14, 1955, ch. 360, title II, § 212, as added Pub. L. 109–58, title XV, § 1511, Aug. 8, 2005, 119 Stat. 1086.)

## Notes

### 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.