I 111th CONGRESS 2d Session H. R. 4572 IN THE HOUSE OF REPRESENTATIVES February 2, 2010 Mr. Skelton (for himself, Mr. Peterson, and Mrs. Emerson) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act relating to greenhouse gases, and for other purposes.

1.

Greenhouse gas regulation under Clean Air Act

Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end thereof: The term ‘air pollutant’ shall not include any of the following solely on the basis of its effect on global climate change:(1)Carbon dioxide. (2)Methane. (3)Nitrous oxide. (4)Hydrofluorocarbons. (5)Perfluorocarbons. (6)Sulfur hexafluoride. .

2.

Renewable fuel standard

(a)

Exclusion of activities relating to international indirect land use change

The Administrator of the Environmental Protection Agency shall not carry out any activities relating to the inclusion of international indirect land use change in the implementation of the renewable fuel program established under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (b)

Exclusion of indirect emissions from international land use changes in calculation of lifecycle greenhouse gas emissions

Paragraph (1)(H) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)) is amended— (1)by striking (including direct emissions and significant indirect emissions such as significant emissions from land use changes) and inserting (excluding indirect emissions from international land use changes); and (2)by striking the Administrator and inserting the Administrator and the Secretary of Agriculture. (c)

Renewable biomass

Paragraph (1)(I) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is amended 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 by products (including fats, oils, greases, and manure); and (dd)food waste and yard waste. .