II 111th CONGRESS 2d Session S. 3381 IN THE SENATE OF THE UNITED STATES May 17, 2010 Mr. Baucus (for himself, Mr. Crapo, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to modify certain definitions of the term renewable biomass, and for other purposes.

1.

Definition of renewable biomass

(a)

Clean Air Act definitions

(1)

RFS definition

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following: (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. . (2)

Conversion assistance definition

Section 211(s)(4) of the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking subparagraph (B) and inserting the following: (B)

Renewable biomass

The term renewable biomass has the meaning given the term in subsection (o)(1). . (b)

Applicability under other law

The definition of the term renewable biomass under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any Federal law enacted after the date of enactment of this Act— (1)to establish a renewable electricity standard; or (2)to regulate the emission of greenhouse gases.