[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2283 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2283
To amend the Clean Air Act to permit the Administrator of the
Environmental Protection Agency to waive the lifecycle greenhouse gas
emission reduction requirements for renewable fuel production, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 6, 2009
Mr. Moran of Kansas introduced the following bill; which was referred
to the Committee on Energy and Commerce
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A BILL
To amend the Clean Air Act to permit the Administrator of the
Environmental Protection Agency to waive the lifecycle greenhouse gas
emission reduction requirements for renewable fuel production, 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. DIRECT LIFECYCLE GREENHOUSE GAS EMISSIONS.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended
as follows:
(1) In paragraph (1), by striking subparagraph (H) and
inserting the following:
``(H) Lifecycle greenhouse gas emissions.--
``(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 Administrator based on--
``(I) measurements taken using the
most recent observable data; and
``(II) consideration of regional
differences of renewable fuel
production.
``(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.
``(iii) Availability of model.--The
Administrator shall make the model used in
measuring lifecycle greenhouse gas emissions
publicly available before publishing any
administrative action on lifecycle greenhouse
gas emissions.''.
(2) By inserting after paragraph (12) the following:
``(13) Waiver authority.--
``(A) In general.--A renewable fuel manufacturer
may petition the Administrator to waive, and the
Administrator may waive, the lifecycle greenhouse gas
emission reduction requirements for renewable fuel
production set forth in paragraph (2)(A) if, as
determined by the Administrator--
``(i) the requirements are the primary or
contributing factor of a failure to achieve the
applicable renewable fuels standard for
biomass-based diesel, conventional biofuel,
cellulosic biofuel, or advanced biofuel;
``(ii) the requirements are causing
economic harm within the biofuels industry; or
``(iii) the requirements are directly or
indirectly increasing the dependence of the
United States on foreign oil.
``(B) Innovative production methods.--
``(i) In general.--A renewable fuel
manufacturer may petition the Administrator to
certify an innovative production method that
may result in lower lifecycle greenhouse gas
emissions than the lifecycle greenhouse gas
emissions of a renewable fuel determined by the
Administrator under paragraph (1)(H).
``(ii) Requirements.--A petition submitted
under clause (i) shall include a full lifecycle
greenhouse gas emission analysis of the
applicable renewable fuel based on the
lifecycle greenhouse gas emission model used by
the Administrator.
``(C) Failure to act.--If the Administrator does
not approve or deny a petition submitted under
subparagraph (A) or (B) by the date that is 90 days
after the date of receipt of the petition, the petition
shall be considered to be approved.
``(14) State low-carbon fuel standards.--
``(A) In general.--No waiver may be granted under
subparagraph (B) or (C) of subsection (c)(4) in the
case of a State low-carbon fuel standard or similar
policy that requires a reduction in lifecycle
greenhouse gas emissions for renewable fuels, unless
the State standard or policy applies a lifecycle
greenhouse gas emission baseline identical to the
lifecycle greenhouse gas emissions of the fuel
concerned as determined by the Administrator under
paragraph (1)(H) and used for the Federal renewable
fuels standard under this subsection.
``(B) Basis for measurements.--Measurements taken
under a State standard for renewable fuel described in
subparagraph (A) shall be based on observable data
relating to the direct lifecycle greenhouse gas
emissions from the renewable fuel.''.
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