HR 2409 IHCommentsClose CommentsPermalink

To amend section 211(o) of the Clean Air Act, and for other purposes.CommentsClose CommentsPermalink

May 14, 2009CommentsClose CommentsPermalink

Mr. PETERSON (for himself, Mr. LUCAS, Mr. HOLDEN, Mr. GOODLATTE, Mr. MCINTYRE, Mr. ROGERS of Alabama, Mr. BOSWELL, Mr. CONAWAY, Mr. BACA, Mrs. SCHMIDT, Mr. CARDOZA, Mr. SMITH of Nebraska, Mr. SCOTT of Georgia, Mr. LATTA, Mr. MARSHALL, Mr. MORAN of Kansas, Ms. HERSETH SANDLIN, Mr. GRAVES, Mr. CUELLAR, Mr. COSTA, Mr. LUETKEMEYER, Mr. ELLSWORTH, Mr. WALZ, Mr. KAGEN, Mr. SCHRADER, Mrs. HALVORSON, Mrs. DAHLKEMPER, Mr. MASSA, Mr. BRIGHT, Ms. MARKEY of Colorado, Mr. KRATOVIL, Mr. SCHAUER, Mr. KISSELL, Mr. BOCCIERI, Mr. MURPHY of New York, Mr. POMEROY, Mr. CHILDERS, Mr. MINNICK, Mr. LATHAM, Mr. BERRY, Mr. SALAZAR, and Mr. BOYD) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend section 211(o) of the Clean Air Act, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Renewable Fuel Standard Improvement Act’.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT.

Section 211(o) of the Clean Air Act is amended as follows:CommentsClose CommentsPermalink





(1) In paragraphs (1)(B)(i), (2)(A)(i), and (2)(A)(ii), the matter following paragraph (2)(B)(ii)(VI), paragraphs (2)(B)(iv), (3), (4), (5), (6)(B), (7)(A)(i), (7)(A)(ii), (7)(B), (7)(D), (7)(E), (7)(F), (8)(D), (9)(A)(ii)(II), (9)(B)(i), (9)(B)(iii), (9)(C), (9)(D), and (11), by striking ‘Administrator’ and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator’.CommentsClose CommentsPermalink





(2) In paragraph (1)(C)--CommentsClose CommentsPermalink





(A) by striking ‘Administrator’ and inserting ‘Secretary of Energy’; andCommentsClose CommentsPermalink





(B) by striking ‘in 2005.’ and inserting ‘2008. At 3 year intervals after 2008, the baseline shall be updated by using a date 3 years after the prior baseline date.’.CommentsClose CommentsPermalink





(3) In paragraph (1) by amending subparagraph (D) as follows:CommentsClose CommentsPermalink





(A) By striking ‘and that has’ and inserting a period and the following: ‘In the case of renewable fuel produced from facilities that commenced construction after December 19, 2007, such term only includes such biodiesel if it has’.CommentsClose CommentsPermalink





(B) By striking out ‘the preceding sentence’ and insert ‘the preceding provisions of this subparagraph’.CommentsClose CommentsPermalink





(4) In subparagraph (D) and (E) of paragraph (1), by striking ‘Administrator’ and inserting ‘Secretary of Agriculture and the Secretary of Energy’.CommentsClose CommentsPermalink





(5) In paragraph (1)(G), by striking the last sentence.CommentsClose CommentsPermalink





(6) By amending paragraph (1)(H) to read as follows:CommentsClose CommentsPermalink





‘(H) LIFECYCLE GREENHOUSE GAS EMISSIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘lifecycle greenhouse gas emissions’ means the aggregate quantity of direct greenhouse gas emissions relating to the full fuel lifecycle, as determined by the Secretary of Agriculture and the Secretary of Energy based on--CommentsClose CommentsPermalink





‘(I) measurements taken using the most recent observable data; andCommentsClose CommentsPermalink





‘(II) consideration of regional differences of renewable fuel production.CommentsClose CommentsPermalink





‘(ii) INCLUSIONS- The term ‘lifecycle greenhouse gas emissions’ includes greenhouse gas emissions from all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for the relative global warming potential of the greenhouse gases.CommentsClose CommentsPermalink





‘(iii) PEER REVIEW AND MODEL- The Secretary of Agriculture and the Secretary of Energy shall carry out a peer review of any model used in measuring lifecycle greenhouse gas emissions and make the results of the peer review and model publicly available before any public comment period provided in connection with the determination made under this subparagraph.’.CommentsClose CommentsPermalink





(7) Amend paragraph (1)(I) to read as follows:CommentsClose CommentsPermalink





‘(I) RENEWABLE BIOMASS- The term ‘renewable biomass’ means--CommentsClose CommentsPermalink





‘(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that--CommentsClose CommentsPermalink





‘(I) are byproducts of preventive treatments that are removed--CommentsClose CommentsPermalink

‘(aa) to reduce hazardous fuels;CommentsClose CommentsPermalink

‘(bb) to reduce or contain disease or insect infestation; orCommentsClose CommentsPermalink

‘(cc) to restore ecosystem health;CommentsClose CommentsPermalink

‘(II) would not otherwise be used for higher-value products; andCommentsClose CommentsPermalink





‘(III) are harvested in accordance with--CommentsClose CommentsPermalink

‘(aa) applicable law and land management plans; andCommentsClose CommentsPermalink

‘(bb) the requirements for--CommentsClose CommentsPermalink

‘(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); andCommentsClose CommentsPermalink

‘(BB) large-tree retention of subsection (f) of that section; orCommentsClose CommentsPermalink

‘(ii) any organic matter that is available on a renewable or recurring basis from non-Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--CommentsClose CommentsPermalink





‘(I) renewable plant material, including--CommentsClose CommentsPermalink

‘(aa) feed grains;CommentsClose CommentsPermalink

‘(bb) other agricultural commodities;CommentsClose CommentsPermalink

‘(cc) other plants and trees; andCommentsClose CommentsPermalink

‘(dd) algae; andCommentsClose CommentsPermalink

‘(II) waste material, including--CommentsClose CommentsPermalink

‘(aa) crop residue;CommentsClose CommentsPermalink

‘(bb) other vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink

‘(cc) animal waste and byproducts (including fats, oils, greases, and manure); andCommentsClose CommentsPermalink

‘(dd) food waste and yard waste.’.CommentsClose CommentsPermalink

(8) In paragraph (2)(B)(ii), by striking ‘Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture,’ and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator,’.CommentsClose CommentsPermalink





(9) In paragraph (4)(E), by striking ‘may not adjust’ and inserting ‘may adjust’ and by striking ‘unless he determines’ and inserting ‘if they determine’.CommentsClose CommentsPermalink





(10) In paragraph (4)(G), by striking ‘effective date of such adjustment, revision, or change’ and inserting ‘date of enactment of the Energy Independence and Security Act of 2007’.CommentsClose CommentsPermalink





(11) In paragraphs (7)(A), (7)(B), (7)(E)(i), (7)(E)(ii), and (7)(E)(iii), by striking ‘Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture’ and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator’.CommentsClose CommentsPermalink





(12) In clauses (i) and (ii) by striking out ‘a determination by the Administrator’ and inserting ‘their determination’.CommentsClose CommentsPermalink





(13) In paragraph (7)(A), by striking ‘Administrator on his own’ and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator on their own’.CommentsClose CommentsPermalink





(14) In paragraphs (8)(A) and paragraph (9)(A)(ii)(I), by striking ‘the Secretary of Energy shall conduct for the Administrator’ and inserting ‘the Secretary of Agriculture and the Secretary of Energy shall conduct’.CommentsClose CommentsPermalink





(15) In paragraph (8)(C), by striking ‘the Secretary of Energy shall make specific recommendations to the Administrator’ and inserting ‘the Secretary of Agriculture and the Secretary of Energy shall make specific recommendations’.CommentsClose CommentsPermalink





(16) In paragraph (8)(D)(i), by striking ‘by the Secretary of Energy’.CommentsClose CommentsPermalink





(17) In paragraph (9)(B)(ii), by striking ‘Administrator, in consultation with the Secretary of Energy,’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’.CommentsClose CommentsPermalink





(18) In paragraph (10)(B), by striking ‘Administrator’ and inserting ‘President’.CommentsClose CommentsPermalink