I 

111TH CONGRESS 

2D SESSION H. R. 4572 

To amend the Clean Air Act relating to greenhouse gases, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2010 

Mr. SKELTON (for himself, Mr. PETERSON, and Mrs. EMERSON) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To amend the Clean Air Act relating to greenhouse gases, 

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. GREENHOUSE GAS REGULATION UNDER CLEAN 

4 AIR ACT. 

5 Section 302(g) of the Clean Air Act (42 U.S.C. 

6 7602(g)) is amended by adding the following at the end 

7 thereof: ‘‘The term ‘air pollutant’ shall not include any 

8 of the following solely on the basis of its effect on global 

9 climate change: 

10 ‘‘(1) Carbon dioxide. 

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1 ‘‘(2) Methane. 

2 ‘‘(3) Nitrous oxide. 

3 ‘‘(4) Hydrofluorocarbons. 

4 ‘‘(5) Perfluorocarbons. 

5 ‘‘(6) Sulfur hexafluoride.’’. 

6 SEC. 2. RENEWABLE FUEL STANDARD. 

7 (a) EXCLUSION OF ACTIVITIES RELATING TO INTER8 NATIONAL INDIRECT LAND USE CHANGE.—The Adminis9 trator of the Environmental Protection Agency shall not 

10 carry out any activities relating to the inclusion of inter11 national indirect land use change in the implementation 

12 of the renewable fuel program established under section 

13 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). 

14 (b) EXCLUSION OF INDIRECT EMISSIONS FROM

15 INTERNATIONAL LAND USE CHANGES IN CALCULATION

16 OF LIFECYCLE GREENHOUSE GAS EMISSIONS.—Para17 graph (1)(H) of section 211(o) of the Clean Air Act (42 

18 U.S.C. 7545(o)(1)(H)) is amended— 

19 (1) by striking ‘‘(including direct emissions and 

20 significant indirect emissions such as significant 

21 emissions from land use changes)’’ and inserting 

22 ‘‘(excluding indirect emissions from international 

23 land use changes)’’; and 

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1 (2) by striking ‘‘the Administrator’’ and insert2 ing ‘‘the Administrator and the Secretary of Agri3 culture’’. 

4 (c) RENEWABLE BIOMASS.—Paragraph (1)(I) of sec5 tion 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) 

6 is amended to read as follows: 

7 ‘‘(I) RENEWABLE BIOMASS.—The term ‘re8 newable biomass’ means— 

9 ‘‘(i) materials, pre-commercial 

10 thinnings, or invasive species from Na11 tional Forest System land and public lands 

12 (as defined in section 103 of the Federal 

13 Land Policy and Management Act of 1976 

14 (43 U.S.C. 1702)) that— 

15 ‘‘(I) are byproducts of preventive 

16 treatments that are removed— 

17 ‘‘(aa) to reduce hazardous 

18 fuels; 

19 ‘‘(bb) to reduce or contain 

20 disease or insect infestation; or 

21 ‘‘(cc) to restore ecosystem 

22 health; 

23 ‘‘(II) would not otherwise be used 

24 for higher-value products; and 

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1 ‘‘(III) are harvested in accord2 ance with— 

3 ‘‘(aa) applicable law and 

4 land management plans; and 

5 ‘‘(bb) the requirements 

6 for— 

7 ‘‘(AA) old-growth main8 tenance, restoration, and 

9 management direction of 

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

11 of subsection (e) of section 

12 102 of the Healthy Forests 

13 Restoration Act of 2003 (16 

14 U.S.C. 6512); and 

15 ‘‘(BB) large-tree reten16 tion of subsection (f) of that 

17 section; or 

18 ‘‘(ii) any organic matter that is avail19 able on a renewable or recurring basis 

20 from non-Federal land or land belonging to 

21 an Indian or Indian tribe that is held in 

22 trust by the United States or subject to a 

23 restriction against alienation imposed by 

24 the United States, including— 

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1 ‘‘(I) renewable plant material, in2 cluding— 

3 ‘‘(aa) feed grains; 

4 ‘‘(bb) other agricultural 

5 commodities; 

6 ‘‘(cc) other plants and trees; 

7 and 

8 ‘‘(dd) algae; and 

9 ‘‘(II) waste material, including— 

10 ‘‘(aa) crop residue; 

11 ‘‘(bb) other vegetative waste 

12 material (including wood waste 

13 and wood residues); 

14 ‘‘(cc) animal waste and by 

15 products (including fats, oils, 

16 greases, and manure); and 

17 ‘‘(dd) food waste and yard 

18 waste.’’. 

Æ 

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