I 111th CONGRESS 1st Session H. R. 2283 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 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.
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. .