(Congress of t4r Uniteb *#tttrs 

tts4ingtun, BT 29515 

June 16, 2010 

Lisa Jackson 

Administrator 

Environmental Protection Agency 

1200 Pennsylvania Ave ., NW, Room 3426 ARN 

Washington, DC 20460 

Dear Administrator Jackson : 

We are writing to express our deep disappointment and concern over 

the EPA's decision in its final PSD Tailoring Rule to depart from the 

government's consistent past practice of excluding biomass combustion 

emissions in calculating GHG emissions . This decision contradicts federal 

precedent regarding the carbon neutrality of biomass combustion and will 

discourage the responsible development and utilization of renewable 

bz.omass that could and should play a more significant role in our nation's 

energy policy . 

The PSD Tailoring Rule defines what stationary sources will be 

subject to greenhouse gas (GHG) emission controls and regulations in a 

phase-in process beginning on January 2, 2011 . In the draft Tailoring 

Rule, the EPA proposed to calculate a source's GHG emissions relying on 

the EPA's Inventory of U .S . Greenhouse Gas Emissions and Sinks . In the 

final rule, EPA ignored its own inventory and equated biogenic GHG 

emissions with fossil fuel emissions . 

The EPA's proposal at a minimum implied, if not made it clear, that 

emissions from biomass combustion would not be included in the final 

Tailoring Rule because the EPA Inventory states biomass combustion 

emissions are of "biogenic origin" and are not currently included in 

national emissions totals . The Inventory explicitly excludes biogenic 

emissions because "it is assumed that the carbon released during the 

consumption of biomass is recycled as U.S . forests and crops regenerate, 

causing no net addition to carbon dioxide in the atmosphere ." The EPA's 

reversal of this established position by including biomass combustion 

emissions in the final PSD Tailoring Rule appears to directly contradict 

previous EPA policy . 

The decision also contradicts long-standing federal and 

international precedents . Emissions from the combustion of biomass are not 

included in the Department of Energy's voluntary greenhouse gas emissions 

reporting programs, the EPA's greenhouse gas reporting rule, or 

calculations of international bodies including the Intergovernmental Panel 

on Climate Change and the European Union . 

Moreover, when the House of Representatives passed the American 

Clean Energy and Security bill (H .R . 2454) in June, 2009, Congress 

clarified that biomass material from both private and public lands qualify 

as a renewable energy source . A similar definition of renewable biomass 

is included in the recently released discussion draft of Senator Kerry and 

Senator Lieberman's American Power Act . While improvements should be made 

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to the definition on federal lands,,these definitions clearly demonstrate 

Congress's commitment to and support of biomass utilization . EPA's new 

interpretation undermines these objectives by arbitrarily eliminating the 

greenhouse gas benefits of biomass compared to conventional fossil fuels . 

There is enormous potential to generate renewable energy from waste 

products gathered on public and private lands . This includes byproducts 

of preventive treatments that are removed to reduce hazardous fuels, to 

reduce or contain disease or insect infestation, or to restore forest 

health . 

Millions of acres of public and private forests generate hundreds of 

thousands of wood chips, slash, brush, and thinning each year . Current 

practice is to pile and burn this material in the open . 

Using biomass to produce local energy in a controlled environment at a 

facility outfitted with air scrubbers that comply with the Clean Air Act 

makes more sense than burning it in the open . Further, this would help 

stimulate the economies of rural communities surrounded by federal lands 

by creating jobs . 

Including biomass combustion emissions in the final PSD Tailoring 

Rule and potentially imposing new regulations on biomass combustion 

facilities will discourage the collection and transportation of woody 

biomass from public and private lands . Instead of encouraging _the 

recovery of a clean, carbon neutral energy source from public and private 

forests, the EPA's decision will likely result in the continuation of 

burning biomass material in the open . Beyond the policy and pragmatic 

ramifications of EPA's new decision, it is also inconsistent with and 

contradictory to the well established science regarding biomass 

combustion . 

In light of the EPA's decision to reverse federal and international 

precedent and ignore clear Congressional intent regarding biomass 

utilization, we respectfully request a written detailed response 

explaining your plan to reconsider the treatment of emissions of biogenic 

carbon dioxide under the PSD and Title V programs . In particular, we 

would like to understand your agreement with the Secretary of Agriculture 

to seek further comment on the greenhouse gas benefits of bioenergy'and 

the specific timeline when this will take place . We expect that you will 

conduct this review promptly in order to avoid any adverse consequences to 

biomass combustion facilities . We urge you to stay the application of the 

rules to such facilities, pending su.ch review . 

Your written response should include : 1) specific details regarding 

your agreement with the Secretary of Agriculture to seek further comment 

on the GHG benefits of bioenergy; 2) a specific timeline detailing in 

months when this will take place; and 3) whether you will stay the 

application of the rules to biomass combustion facilities pending your 

review . 
Thank you in advance for your attention to this matter . We look 

forward to your timely and substantive response . 

Sincerely, 

Peter DeFa~,r'Co ~ Kurt Schrader Brian-Zaird 

Member of Congress Member of Congress Member of Congress 

Cathy McMorris Rogets (f Wally Herger 

Member of Congress 

vis Childers 'Tteanie HexVeth S ndli Walter Jones 

Member of Congress ~ Memb r of Congress Member of Congress 

teve Cohen / Michae'T-Simoson 

Member of Congress Member of Congress 

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Rick Larsen Tim Holden 

Member of Congress Member of Congress 

U-9 -11e~~ 

William Owens Frank Lucas Bart Stupak 

Member of Congress Member of Congress Member of Congress 
Roy-Blunt 

Member of Congress Member of Congress Member .of Congress 

Thomas Perriello Bob Goodlatte 

Denny ~Reh4Serg 4CS Ann% Kirkpatri~k 

Member of Congress Member of Congress 

Scott Murphy John Barrow 

Member of Congress Member of Congress 

Member of Congress 

Rick Boucher 

Member of Congress 

im Marshall V Ann Emerson David Wu 

Member of Congress Member of Congress Member of Congress 

A~Nlr& 

Member of Congress Member of Congress 

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Mike Rogers 

Member of Congress 

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Mike McIntyre Gregg Harper 

Member of Congress Member of Congress Member of Congress 

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Shelley Moore Capito Roscoe Bartlett Jo Bonner 

-no-4m. 

n Sullivan Norm Dicks 

mber of Congress member of Congress 
Member 

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of Congress Member of Congress Member of Congress 

harles Wilson Tom Cole `V-~ laul Modes 

David Reichert 

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Robert Aderholt 

Member of Congress Member of Congress 

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Adam Smith 

Member of Congress 

Rodney LPlexalider -Dffke Ross" 

Member of Cdngress , M&nber of Congress 

Member of .Congress 

CC : Secretary vilsack 

U .S . Department of Agriculture 

21.2A Whitten Building 

1400 Independence Avenue, SW 

Washington, DC 20250~