II 111th CONGRESS 1st Session S. 636 IN THE SENATE OF THE UNITED STATES March 18, 2009 Mr. Thune (for himself, Mr. Tester, and Mr. Chambliss) 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 conform the definition of renewable biomass to the definition given the term in the Farm Security and Rural Investment Act of 2002.

1.

Definition of renewable biomass

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. .