I 

111TH CONGRESS 

1ST SESSION H. R. 2283 

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 HOUSE OF REPRESENTATIVES 

MAY 6, 2009 

Mr. MORAN of Kansas introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DIRECT LIFECYCLE GREENHOUSE GAS EMIS4 SIONS. 

5 Section 211(o) of the Clean Air Act (42 U.S.C. 

6 7545(o)) is amended as follows: 

7 (1) In paragraph (1), by striking subparagraph 

8 (H) and inserting the following: 


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•HR 2283 IH

1 ‘‘(H) LIFECYCLE GREENHOUSE GAS EMIS2 SIONS.— 

3 ‘‘(i) IN GENERAL.—The term ‘lifecycle 

4 greenhouse gas emissions’ means the ag5 gregate quantity of direct greenhouse gas 

6 emissions relating to the full fuel lifecycle, 

7 as determined by the Administrator based 

8 on— 

9 ‘‘(I) measurements taken using 

10 the most recent observable data; and 

11 ‘‘(II) consideration of regional 

12 differences of renewable fuel produc13 tion. 

14 ‘‘(ii) INCLUSIONS.—The term 

15 ‘lifecycle greenhouse gas emissions’ in16 cludes greenhouse gas emissions from all 

17 stages of fuel and feedstock production and 

18 distribution, from feedstock generation or 

19 extraction through the distribution and de20 livery and use of the finished fuel to the 

21 ultimate consumer, where the mass values 

22 for all greenhouse gases are adjusted to ac23 count for the relative global warming po24 tential of the greenhouse gases. 


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1 ‘‘(iii) AVAILABILITY OF MODEL.—The 

2 Administrator shall make the model used 

3 in measuring lifecycle greenhouse gas emis4 sions publicly available before publishing 

5 any administrative action on lifecycle 

6 greenhouse gas emissions.’’. 

7 (2) By inserting after paragraph (12) the fol8 lowing: 

9 ‘‘(13) WAIVER AUTHORITY.— 

10 ‘‘(A) IN GENERAL.—A renewable fuel man11 ufacturer may petition the Administrator to 

12 waive, and the Administrator may waive, the 

13 lifecycle greenhouse gas emission reduction re14 quirements for renewable fuel production set 

15 forth in paragraph (2)(A) if, as determined by 

16 the Administrator— 

17 ‘‘(i) the requirements are the primary 

18 or contributing factor of a failure to 

19 achieve the applicable renewable fuels 

20 standard for biomass-based diesel, conven21 tional biofuel, cellulosic biofuel, or ad22 vanced biofuel; 

23 ‘‘(ii) the requirements are causing 

24 economic harm within the biofuels indus25 try; or 


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•HR 2283 IH

1 ‘‘(iii) the requirements are directly or 

2 indirectly increasing the dependence of the 

3 United States on foreign oil. 

4 ‘‘(B) INNOVATIVE PRODUCTION METH5 ODS.— 

6 ‘‘(i) IN GENERAL.—A renewable fuel 

7 manufacturer may petition the Adminis8 trator to certify an innovative production 

9 method that may result in lower lifecycle 

10 greenhouse gas emissions than the lifecycle 

11 greenhouse gas emissions of a renewable 

12 fuel determined by the Administrator 

13 under paragraph (1)(H). 

14 ‘‘(ii) REQUIREMENTS.—A petition 

15 submitted under clause (i) shall include a 

16 full lifecycle greenhouse gas emission anal17 ysis of the applicable renewable fuel based 

18 on the lifecycle greenhouse gas emission 

19 model used by the Administrator. 

20 ‘‘(C) FAILURE TO ACT.—If the Adminis21 trator does not approve or deny a petition sub22 mitted under subparagraph (A) or (B) by the 

23 date that is 90 days after the date of receipt of 

24 the petition, the petition shall be considered to 

25 be approved. 


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•HR 2283 IH

1 ‘‘(14) STATE LOW-CARBON FUEL STAND2 ARDS.— 

3 ‘‘(A) IN GENERAL.—No waiver may be 

4 granted under subparagraph (B) or (C) of sub5 section (c)(4) in the case of a State low-carbon 

6 fuel standard or similar policy that requires a 

7 reduction in lifecycle greenhouse gas emissions 

8 for renewable fuels, unless the State standard 

9 or policy applies a lifecycle greenhouse gas 

10 emission baseline identical to the lifecycle 

11 greenhouse gas emissions of the fuel concerned 

12 as determined by the Administrator under para13 graph (1)(H) and used for the Federal renew14 able fuels standard under this subsection. 

15 ‘‘(B) BASIS FOR MEASUREMENTS.—Meas16 urements taken under a State standard for re17 newable fuel described in subparagraph (A) 

18 shall be based on observable data relating to 

19 the direct lifecycle greenhouse gas emissions 

20 from the renewable fuel.’’. 

Æ 


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