I 

111TH CONGRESS 

1ST SESSION H. R. 2409 

To amend section 211(o) of the Clean Air Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2009 

Mr. PETERSON (for himself, Mr. LUCAS, Mr. HOLDEN, Mr. GOODLATTE, Mr. 

MCINTYRE, Mr. ROGERS of Alabama, Mr. BOSWELL, Mr. CONAWAY, Mr. 

BACA, Mrs. SCHMIDT, Mr. CARDOZA, Mr. SMITH of Nebraska, Mr. 

SCOTT of Georgia, Mr. LATTA, Mr. MARSHALL, Mr. MORAN of Kansas, 

Ms. HERSETH SANDLIN, Mr. GRAVES, Mr. CUELLAR, Mr. COSTA, Mr. 

LUETKEMEYER, Mr. ELLSWORTH, Mr. WALZ, Mr. KAGEN, Mr. 

SCHRADER, Mrs. HALVORSON, Mrs. DAHLKEMPER, Mr. MASSA, Mr. 

BRIGHT, Ms. MARKEY of Colorado, Mr. KRATOVIL, Mr. SCHAUER, Mr. 

KISSELL, Mr. BOCCIERI, Mr. MURPHY of New York, Mr. POMEROY, Mr. 

CHILDERS, Mr. MINNICK, Mr. LATHAM, Mr. BERRY, Mr. SALAZAR, and 

Mr. BOYD) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend section 211(o) of the Clean Air Act, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Renewable Fuel Stand5 ard Improvement Act’’. 


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1 SEC. 2. AMENDMENT. 

2 Section 211(o) of the Clean Air Act is amended as 

3 follows: 

4 (1) In paragraphs (1)(B)(i), (2)(A)(i), and 

5 (2)(A)(ii), the matter following paragraph 

6 (2)(B)(ii)(VI), paragraphs (2)(B)(iv), (3), (4), (5), 

7 (6)(B), (7)(A)(i), (7)(A)(ii), (7)(B), (7)(D), (7)(E), 

8 (7)(F), (8)(D), (9)(A)(ii)(II), (9)(B)(i), (9)(B)(iii), 

9 (9)(C), (9)(D), and (11), by striking ‘‘Adminis10 trator’’ and inserting ‘‘Secretary of Agriculture, the 

11 Secretary of Energy, and the Administrator’’. 

12 (2) In paragraph (1)(C)— 

13 (A) by striking ‘‘Administrator’’ and in14 serting ‘‘Secretary of Energy’’; and 

15 (B) by striking ‘‘in 2005.’’ and inserting 

16 ‘‘2008. At 3 year intervals after 2008, the base17 line shall be updated by using a date 3 years 

18 after the prior baseline date.’’. 

19 (3) In paragraph (1) by amending subpara20 graph (D) as follows: 

21 (A) By striking ‘‘and that has’’ and insert22 ing a period and the following: ‘‘In the case of 

23 renewable fuel produced from facilities that 

24 commenced construction after December 19, 

25 2007, such term only includes such biodiesel if 

26 it has’’. 


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1 (B) By striking out ‘‘the preceding sen2 tence’’ and insert ‘‘the preceding provisions of 

3 this subparagraph’’. 

4 (4) In subparagraph (D) and (E) of paragraph 

5 (1), by striking ‘‘Administrator’’ and inserting ‘‘Sec6 retary of Agriculture and the Secretary of Energy’’. 

7 (5) In paragraph (1)(G), by striking the last 

8 sentence. 

9 (6) By amending paragraph (1)(H) to read as 

10 follows: 

11 ‘‘(H) LIFECYCLE GREENHOUSE GAS EMIS12 SIONS.— 

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

14 greenhouse gas emissions’ means the ag15 gregate quantity of direct greenhouse gas 

16 emissions relating to the full fuel lifecycle, 

17 as determined by the Secretary of Agri18 culture and the Secretary of Energy based 

19 on— 

20 ‘‘(I) measurements taken using 

21 the most recent observable data; and 

22 ‘‘(II) consideration of regional 

23 differences of renewable fuel produc24 tion. 


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1 ‘‘(ii) INCLUSIONS.—The term 

2 ‘lifecycle greenhouse gas emissions’ in3 cludes greenhouse gas emissions from all 

4 stages of fuel and feedstock production and 

5 distribution, from feedstock generation or 

6 extraction through the distribution and de7 livery and use of the finished fuel to the 

8 ultimate consumer, where the mass values 

9 for all greenhouse gases are adjusted to ac10 count for the relative global warming po11 tential of the greenhouse gases. 

12 ‘‘(iii) PEER REVIEW AND MODEL.— 

13 The Secretary of Agriculture and the Sec14 retary of Energy shall carry out a peer re15 view of any model used in measuring 

16 lifecycle greenhouse gas emissions and 

17 make the results of the peer review and 

18 model publicly available before any public 

19 comment period provided in connection 

20 with the determination made under this 

21 subparagraph.’’. 

22 (7) Amend paragraph (1)(I) to read as follows: 

23 ‘‘(I) RENEWABLE BIOMASS.—The term ‘re24 newable biomass’ means— 


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1 ‘‘(i) materials, pre-commercial 

2 thinnings, or invasive species from Na3 tional Forest System land and public lands 

4 (as defined in section 103 of the Federal 

5 Land Policy and Management Act of 1976 

6 (43 U.S.C. 1702)) that— 

7 ‘‘(I) are byproducts of preventive 

8 treatments that are removed— 

9 ‘‘(aa) to reduce hazardous 

10 fuels; 

11 ‘‘(bb) to reduce or contain 

12 disease or insect infestation; or 

13 ‘‘(cc) to restore ecosystem 

14 health; 

15 ‘‘(II) would not otherwise be used 

16 for higher-value products; and 

17 ‘‘(III) are harvested in accord18 ance with— 

19 ‘‘(aa) applicable law and 

20 land management plans; and 

21 ‘‘(bb) the requirements 

22 for— 

23 ‘‘(AA) old-growth main24 tenance, restoration, and 

25 management direction of 


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1 paragraphs (2), (3), and (4) 

2 of subsection (e) of section 

3 102 of the Healthy Forests 

4 Restoration Act of 2003 (16 

5 U.S.C. 6512); and 

6 ‘‘(BB) large-tree reten7 tion of subsection (f) of that 

8 section; or 

9 ‘‘(ii) any organic matter that is avail10 able on a renewable or recurring basis 

11 from non-Federal land or land belonging to 

12 an Indian or Indian tribe that is held in 

13 trust by the United States or subject to a 

14 restriction against alienation imposed by 

15 the United States, including— 

16 ‘‘(I) renewable plant material, in17 cluding— 

18 ‘‘(aa) feed grains; 

19 ‘‘(bb) other agricultural 

20 commodities; 

21 ‘‘(cc) other plants and trees; 

22 and 

23 ‘‘(dd) algae; and 

24 ‘‘(II) waste material, including— 

25 ‘‘(aa) crop residue; 


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1 ‘‘(bb) other vegetative waste 

2 material (including wood waste 

3 and wood residues); 

4 ‘‘(cc) animal waste and by5 products (including fats, oils, 

6 greases, and manure); and 

7 ‘‘(dd) food waste and yard 

8 waste.’’. 

9 (8) In paragraph (2)(B)(ii), by striking ‘‘Ad10 ministrator, in coordination with the Secretary of 

11 Energy and the Secretary of Agriculture,’’ and in12 serting ‘‘Secretary of Agriculture, the Secretary of 

13 Energy, and the Administrator,’’. 

14 (9) In paragraph (4)(E), by striking ‘‘may not 

15 adjust’’ and inserting ‘‘may adjust’’ and by striking 

16 ‘‘unless he determines’’ and inserting ‘‘if they deter17 mine’’. 

18 (10) In paragraph (4)(G), by striking ‘‘effective 

19 date of such adjustment, revision, or change’’ and 

20 inserting ‘‘date of enactment of the Energy Inde21 pendence and Security Act of 2007’’. 

22 (11) In paragraphs (7)(A), (7)(B), (7)(E)(i), 

23 (7)(E)(ii), and (7)(E)(iii), by striking ‘‘Adminis24 trator, in consultation with the Secretary of Energy 

25 and the Secretary of Agriculture’’ and inserting 


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1 ‘‘Secretary of Agriculture, the Secretary of Energy, 

2 and the Administrator’’. 

3 (12) In clauses (i) and (ii) by striking out ‘‘a 

4 determination by the Administrator’’ and inserting 

5 ‘‘their determination’’. 

6 (13) In paragraph (7)(A), by striking ‘‘Admin7 istrator on his own’’ and inserting ‘‘Secretary of Ag8 riculture, the Secretary of Energy, and the Adminis9 trator on their own’’. 

10 (14) In paragraphs (8)(A) and paragraph 

11 (9)(A)(ii)(I), by striking ‘‘the Secretary of Energy 

12 shall conduct for the Administrator’’ and inserting 

13 ‘‘the Secretary of Agriculture and the Secretary of 

14 Energy shall conduct’’. 

15 (15) In paragraph (8)(C), by striking ‘‘the Sec16 retary of Energy shall make specific recommenda17 tions to the Administrator’’ and inserting ‘‘the Sec18 retary of Agriculture and the Secretary of Energy 

19 shall make specific recommendations’’. 

20 (16) In paragraph (8)(D)(i), by striking ‘‘by 

21 the Secretary of Energy’’. 

22 (17) In paragraph (9)(B)(ii), by striking ‘‘Ad23 ministrator, in consultation with the Secretary of 

24 Energy,’’ and inserting ‘‘the Secretary of AgriVerDate Nov 24 2008 07:03 May 16, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2409.IH H2409

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1 culture, the Secretary of Energy, and the Adminis2 trator’’. 

3 (18) In paragraph (10)(B), by striking ‘‘Admin4 istrator’’ and inserting ‘‘President’’. 

Æ 


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