I 111th CONGRESS 1st Session H. R. 2409 IN THE HOUSE OF REPRESENTATIVES May 14, 2009 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 Commerce A BILL To amend section 211(o) of the Clean Air Act, and for other purposes.

1.

Short title

This Act may be cited as the Renewable Fuel Standard Improvement Act.

2.

Amendment

Section 211(o) of the Clean Air Act is amended as follows: (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. (2)In paragraph (1)(C)— (A)by striking Administrator and inserting Secretary of Energy; and (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.. (3)In paragraph (1) by amending subparagraph (D) as follows: (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 . (B)By striking out the preceding sentence and insert the preceding provisions of this subparagraph . (4)In subparagraph (D) and (E) of paragraph (1), by striking Administrator and inserting Secretary of Agriculture and the Secretary of Energy. (5)In paragraph (1)(G), by striking the last sentence. (6)By amending paragraph (1)(H) to read as follows: (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 Secretary of Agriculture and the Secretary of Energy 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)

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

Renewable biomass

The term renewable biomass means— (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— (I)are byproducts of preventive treatments that are removed— (aa)to reduce hazardous fuels; (bb)to reduce or contain disease or insect infestation; or (cc)to restore ecosystem health; (II)would not otherwise be used for higher-value products; and (III)are harvested in accordance with— (aa)applicable law and land management plans; and (bb)the requirements for— (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); and (BB)large-tree retention of subsection (f) of that section; or (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— (I)renewable plant material, including— (aa)feed grains; (bb)other agricultural commodities; (cc)other plants and trees; and (dd)algae; and (II)waste material, including— (aa)crop residue; (bb)other vegetative waste material (including wood waste and wood residues); (cc)animal waste and byproducts (including fats, oils, greases, and manure); and (dd)food waste and yard waste. . (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,. (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. (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. (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. (12)In clauses (i) and (ii) by striking out a determination by the Administrator and inserting their determination . (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. (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. (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. (16)In paragraph (8)(D)(i), by striking by the Secretary of Energy. (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. (18)In paragraph (10)(B), by striking Administrator and inserting President .