II 

112TH CONGRESS 

1ST SESSION S. 781 

To amend the Clean Air Act to conform the definition of renewable biomass 

to the definition given the term in the Farm Security and Rural Investment Act of 2002. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2011 

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 conform the definition of 

renewable biomass to the definition given the term in 

the Farm Security and Rural Investment Act of 2002. 

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

3 SECTION 1. DEFINITION OF RENEWABLE BIOMASS. 

4 Section 211(o)(1) of the Clean Air Act (42 U.S.C. 

5 7545(o)(1)) is amended by striking subparagraph (I) and 

6 inserting the following: 

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


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1 ‘‘(i) materials (including trees, wood, 

2 brush, thinnings, and chips) or invasive 

3 species from National Forest System land 

4 and public lands (as defined in section 103 

5 of the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1702)), in7 cluding slash and other materials, that— 

8 ‘‘(I) would not otherwise be used 

9 for higher-value manufactured forest 

10 products; 

11 ‘‘(II) are removed— 

12 ‘‘(aa) to reduce hazardous 

13 fuels; 

14 ‘‘(bb) to reduce or contain 

15 disease or insect infestation; 

16 ‘‘(cc) to restore or maintain 

17 ecosystem health; or 

18 ‘‘(dd) from a federally ap19 proved vegetation management 

20 project; and 

21 ‘‘(III) are harvested in accord22 ance with— 

23 ‘‘(aa) applicable law and 

24 land management plans; and 


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1 ‘‘(bb) the requirements for 

2 old-growth maintenance, restora3 tion, and management direction 

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

5 subsection (e) of section 102 of 

6 the Healthy Forests Restoration 

7 Act of 2003 (16 U.S.C. 6512); 

8 ‘‘(ii) any organic matter that is avail9 able on a renewable or recurring basis 

10 from non-Federal land, land belonging to 

11 an Indian or Indian tribe that is held in 

12 trust by the United States or subject to a 

13 restriction against alienation imposed by 

14 the United States, or any reservation (as 

15 defined in section 3 of the Indian Financ16 ing Act of 1974 (25 U.S.C. 1452)), includ17 ing— 

18 ‘‘(I) renewable plant material, in19 cluding— 

20 ‘‘(aa) feed grains; 

21 ‘‘(bb) other agricultural 

22 commodities; 

23 ‘‘(cc) other plants and trees; 

24 and 

25 ‘‘(dd) algae; and 


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1 ‘‘(II) waste material (other than 

2 paper that is commonly recycled), in3 cluding— 

4 ‘‘(aa) crop residue; 

5 ‘‘(bb) other vegetative waste 

6 material (including wood waste 

7 and wood residues); 

8 ‘‘(cc) animal waste and by9 products (including fats, oils, 

10 greases, and manure); and 

11 ‘‘(dd) food waste and yard 

12 waste; and 

13 ‘‘(iii) residues or byproducts from 

14 wood, pulp, or paper product facilities.’’. 

Æ 


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