[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 943 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 943

     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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2009

   Mr. Thune 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 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DIRECT LIFECYCLE GREENHOUSE GAS EMISSIONS.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
            (1) in subsection (o)(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 subsection (o) the following:
    ``(p) Waiver Authority.--
            ``(1) In general.--The Administrator may waive, or a 
        renewable fuel manufacturer may petition the Administrator to 
        waive, the lifecycle greenhouse gas emission reduction 
        requirements for renewable fuel production under this section 
        if, as determined by the Administrator--
                    ``(A) 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;
                    ``(B) the requirements are causing economic harm 
                within the biofuels industry; or
                    ``(C) the requirements are directly or indirectly 
                increasing the dependence of the United States on 
                foreign oil.
            ``(2) Innovative production methods.--
                    ``(A) 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 relative to the baseline 
                lifecycle greenhouse gas emissions of a renewable fuel.
                    ``(B) Requirements.--A petition submitted under 
                subparagraph (A) 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.
            ``(3) Failure to act.--If the Administrator does not 
        approve or deny a petition submitted under paragraph (1) or (2) 
        by the date that is 90 days after the date of receipt of the 
        petition, the petition shall be considered to be approved.''; 
        and
            (3) by adding at the end the following:
    ``(w) State Low-Carbon Fuel Standards.--
            ``(1) In general.--If a State implements a low-carbon fuel 
        standard or similar policy that requires a reduction in 
        lifecycle greenhouse gas emissions for renewable fuels, the 
        State shall apply a similar lifecycle greenhouse gas emission 
        baseline to the baseline used for the Federal renewable fuels 
        standard under this section.
            ``(2) Basis for measurements.--Measurements taken under a 
        State standard for renewable fuel described in paragraph (1) 
        shall be based on observable data relating to the direct 
        lifecycle greenhouse gas emissions from the renewable fuel.''.
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