II 111th CONGRESS 1st Session S. 943 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.

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. .