S 1148 ISCommentsClose CommentsPermalink

To amend the Clean Air Act to modify a provision relating to the renewable fuel program.CommentsClose CommentsPermalink

May 21, 2009CommentsClose CommentsPermalink

Mr. GRASSLEY (for himself, Mrs. MCCASKILL, Mr. BOND, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Clean Air Act to modify a provision relating to the renewable fuel program.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. RENEWABLE FUEL STANDARD IMPROVEMENT.

Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (B)(i), by striking ‘the Administrator’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(B) in subparagraph (C)--CommentsClose CommentsPermalink





(i) by striking ‘The term’ and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term’;CommentsClose CommentsPermalink





(ii) in clause (i) (as designated by clause (i))--CommentsClose CommentsPermalink





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





(II) by striking ‘in 2005’ and inserting ‘during calendar year 2008’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(ii) UPDATES- For purposes of clause (i), the Secretary of Energy shall update, for calendar year 2011 and every 3 calendar years thereafter, the baseline lifecycle greenhouse gas emissions using the date that is 3 years after the baseline date used for the preceding 3-year period.’;CommentsClose CommentsPermalink





(C) by striking subparagraph (D) and inserting the following:CommentsClose CommentsPermalink





‘(D) BIOMASS-BASED DIESEL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘biomass-based diesel’ means renewable fuel that is biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))).CommentsClose CommentsPermalink





‘(ii) INCLUSION OF CERTAIN FUEL- The term ‘biomass-based diesel’ includes renewable fuel produced by a facility that commenced construction after December 19, 2007, only if the renewable fuel has lifecycle greenhouse gas emissions, as determined by the Secretary of Agriculture and the Secretary of Energy, after notice and opportunity for comment, that are at least 50 percent less than the baseline lifecycle greenhouse gas emissions.CommentsClose CommentsPermalink





‘(iii) ADVANCED BIOFUEL- Notwithstanding clauses (i) and (ii), a renewable fuel derived from coprocessing biomass with a petroleum feedstock shall be considered to be an advanced biofuel if the renewable fuel--CommentsClose CommentsPermalink





‘(I) meets the requirements of subparagraph (B); butCommentsClose CommentsPermalink





‘(II) is not biomass-based diesel.’;CommentsClose CommentsPermalink





(D) in subparagraph (E), by striking ‘the Administrator’ and inserting ‘the Secretary of Agriculture and the Secretary of Energy’;CommentsClose CommentsPermalink





(E) in subparagraph (G), by striking the second sentence; andCommentsClose CommentsPermalink





(F) by striking subparagraphs (H) and (I) and inserting the following: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--CommentsClose CommentsPermalink





‘(I) carry out a peer review of any model used in measuring lifecycle greenhouse gas emissions; andCommentsClose CommentsPermalink





‘(II) 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





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





‘(i) materials, precommercial 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; andCommentsClose 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

(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(ii) in clause (ii)(I), by striking ‘promulgates’ and inserting ‘promulgate’; andCommentsClose CommentsPermalink





(iii) in clause (iv), by striking ‘does not promulgate’ and inserting ‘fail to promulgate’; andCommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (ii)--CommentsClose CommentsPermalink





(I) by striking ‘the Administrator, in coordination with the Secretary of Energy and the Secretary of Agriculture’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’; andCommentsClose CommentsPermalink





(II) in the matter following subclause (VI), by striking ‘The Administrator’ and inserting ‘The Secretary of Agriculture, the Secretary of Energy, and the Administrator’; andCommentsClose CommentsPermalink





(ii) in clause (iv), by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraphs (A) and (B), by striking ‘the Administrator of the Environmental Protection Agency’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator of the Environmental Protection Agency’; andCommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘the Administrator’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator of the Environmental Protection Agency’;CommentsClose CommentsPermalink





(4) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking ‘Administrator’ each place it appears and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(B) by striking subparagraphs (D) and (E) and inserting the following:CommentsClose CommentsPermalink





‘(D) 5-year REVIEW- Not later than 5 years after the date on which the Secretary of Agriculture, the Secretary of Energy, and the Administrator make an adjustment under this paragraph, the Secretary of Agriculture, the Secretary of Energy, and the Administrator shall review and revise (based on the same criteria and standards as required for the initial adjustment) the regulations establishing the adjusted level.CommentsClose CommentsPermalink





‘(E) SUBSEQUENT ADJUSTMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in subparagraph (D), after the Secretary of Agriculture, the Secretary of Energy, and the Administrator have promulgated a final rule under the last sentence of paragraph (2)(A)(i) with respect to the method of determining lifecycle greenhouse gas emissions, the Secretary of Agriculture, the Secretary of Energy, and the Administrator may adjust the percent greenhouse gas reduction levels only if the Secretary of Agriculture, the Secretary of Energy, and the Administrator determine that there has been a significant change in the analytical methodology used for determining the lifecycle greenhouse gas emissions.CommentsClose CommentsPermalink





‘(ii) EFFECT OF DETERMINATION- If the Secretary of Agriculture, the Secretary of Energy, and the Administrator make a determination described in clause (i), the Secretary of Agriculture, the Secretary of Energy, and the Administrator may adjust the 20-, 50-, or 60-percent reduction levels pursuant to a rulemaking using the criteria and standards described in this paragraph.’;CommentsClose CommentsPermalink





(C) in subparagraph (F), by striking ‘revises’ and inserting ‘revise’; andCommentsClose CommentsPermalink





(D) in subparagraph (G)--CommentsClose CommentsPermalink





(i) by striking ‘adjusts, or revises, a percent level referred to in this paragraph or makes’ and inserting ‘adjust or revise a percent level referred to in this paragraph, or make’; andCommentsClose CommentsPermalink





(ii) by striking ‘effective date of such adjustment, revision, or change’ and inserting ‘date of enactment of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1492)’;CommentsClose CommentsPermalink





(5) in paragraph (5)(E), by striking ‘Administrator’ each place it appears and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(6) in paragraph (6)(B), by striking ‘the Administrator of the Environmental Protection Agency’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator of the Environmental Protection Agency’;CommentsClose CommentsPermalink





(7) in paragraph (7)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i)--CommentsClose CommentsPermalink





(I) 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’; andCommentsClose CommentsPermalink





(II) by striking ‘the Administrator on his own motion’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator on a joint motion’; andCommentsClose CommentsPermalink





(ii) in clauses (i) and (ii), by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) 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’; andCommentsClose CommentsPermalink





(ii) by striking ‘the Administrator’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(C) in subparagraph (D)--CommentsClose CommentsPermalink





(i) by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(ii) in clause (i), in the second sentence, by striking ‘makes such a reduction’ and inserting ‘make such a reduction’;CommentsClose CommentsPermalink





(iii) in clause (ii), by striking ‘reduces’ and inserting ‘reduce’; andCommentsClose CommentsPermalink





(iv) in clause (iii), in the fourth sentence--CommentsClose CommentsPermalink





(I) by striking ‘deems’ and inserting ‘determine to be’; andCommentsClose CommentsPermalink





(II) by striking ‘determines’ and inserting ‘determine’;CommentsClose CommentsPermalink





(D) in subparagraph (E)--CommentsClose CommentsPermalink





(i) by striking ‘Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture,’ each place it appears and inserting ‘Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(ii) in clause (ii)--CommentsClose CommentsPermalink





(I) in the first sentence, by striking ‘the Administrator determines’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator determine’; andCommentsClose CommentsPermalink





(II) in the second sentence, by striking ‘the Administrator makes’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator make’; andCommentsClose CommentsPermalink





(iii) in clause (iii), by striking ‘the Administrator determines’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator determine’; andCommentsClose CommentsPermalink





(E) in subparagraph (F)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i), by striking ‘the Administrator waives’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator waive’; andCommentsClose CommentsPermalink





(ii) in the matter following clause (ii), by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(8) in paragraph (8)--CommentsClose CommentsPermalink





(A) in subparagraph (A), 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





(B) in subparagraph (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’; andCommentsClose CommentsPermalink





(C) in subparagraph (D)--CommentsClose CommentsPermalink





(i) by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’; andCommentsClose CommentsPermalink





(ii) in clause (i), by striking ‘by the Secretary of Energy’;CommentsClose CommentsPermalink





(9) in paragraph (9)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





‘(ii) EXTENSION OF EXEMPTION-CommentsClose CommentsPermalink





‘(I) STUDY- Not later than December 31, 2008, the Secretary of Agriculture and the Secretary of Energy shall conduct a study to determine whether compliance with the requirements of paragraph (2) would impose a disproportionate economic hardship on small refineries.CommentsClose CommentsPermalink





‘(II) EXTENSION OF EXEMPTION- In the case of a small refinery that the Secretary of Agriculture and the Secretary of Energy determine under subclause (I) would be subject to a disproportionate economic hardship if required to comply with paragraph (2), the Secretary of Agriculture, the Secretary of Energy, and the Administrator shall extend the exemption under clause (i) for the small refinery for a period of not less than 2 additional years.’;CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘the Administrator’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(ii) in clause (ii), by striking ‘the Administrator, in consultation with the Secretary of Energy,’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’; andCommentsClose CommentsPermalink





(iii) in clause (iii), by striking ‘The Administrator’ and inserting ‘The Secretary of Agriculture, the Secretary of Energy, and the Administrator’; andCommentsClose CommentsPermalink





(C) in subparagraphs (C) and (D), by striking ‘the Administrator’ each place it appears and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’;CommentsClose CommentsPermalink





(10) in paragraph (10)(B), by striking ‘the Administrator’ and inserting ‘the President’; andCommentsClose CommentsPermalink





(11) in paragraph (11), in the matter preceding subparagraph (A), by striking ‘the Administrator’ and inserting ‘the Secretary of Agriculture, the Secretary of Energy, and the Administrator’.CommentsClose CommentsPermalink