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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1148

   To amend the Clean Air Act to modify a provision relating to the 
                        renewable fuel program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2009

  Mr. Grassley (for himself, Mrs. McCaskill, Mr. Bond, and 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 modify a provision relating to the 
                        renewable fuel program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Fuel Standard Improvement 
Act''.

SEC. 2. RENEWABLE FUEL STANDARD IMPROVEMENT.

    Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B)(i), by striking ``the 
                Administrator'' and inserting ``the Secretary of 
                Agriculture, the Secretary of Energy, and the 
                Administrator'';
                    (B) in subparagraph (C)--
                            (i) by striking ``The term'' and inserting 
                        the following:
                            ``(i) In general.--The term'';
                            (ii) in clause (i) (as designated by clause 
                        (i))--
                                    (I) by striking ``the 
                                Administrator'' and inserting ``the 
                                Secretary of Energy''; and
                                    (II) by striking ``in 2005'' and 
                                inserting ``during calendar year 
                                2008''; and
                            (iii) by adding at the end the following:
                            ``(ii) Updates.--For purposes of clause 
                        (i), the Secretary of Energy shall update, for 
                        calendar year 2011 and every 3 calendar years 
                        thereafter, the baseline lifecycle greenhouse 
                        gas emissions using the date that is 3 years 
                        after the baseline date used for the preceding 
                        3-year period.'';
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Biomass-based diesel.--
                            ``(i) In general.--The term `biomass-based 
                        diesel' means renewable fuel that is biodiesel 
                        (as defined in section 312(f) of the Energy 
                        Policy Act of 1992 (42 U.S.C. 13220(f))).
                            ``(ii) Inclusion of certain fuel.--The term 
                        `biomass-based diesel' includes renewable fuel 
                        produced by a facility that commenced 
                        construction after December 19, 2007, only if 
                        the renewable fuel has lifecycle greenhouse gas 
                        emissions, as determined by the Secretary of 
                        Agriculture and the Secretary of Energy, after 
                        notice and opportunity for comment, that are at 
                        least 50 percent less than the baseline 
                        lifecycle greenhouse gas emissions.
                            ``(iii) Advanced biofuel.--Notwithstanding 
                        clauses (i) and (ii), a renewable fuel derived 
                        from coprocessing biomass with a petroleum 
                        feedstock shall be considered to be an advanced 
                        biofuel if the renewable fuel--
                                    ``(I) meets the requirements of 
                                subparagraph (B); but
                                    ``(II) is not biomass-based 
                                diesel.'';
                    (D) in subparagraph (E), by striking ``the 
                Administrator'' and inserting ``the Secretary of 
                Agriculture and the Secretary of Energy'';
                    (E) in subparagraph (G), by striking the second 
                sentence; and
                    (F) by striking subparagraphs (H) and (I) and 
                inserting the following:
                    ``(H) Lifecycle greenhouse gas emissions.--
                            ``(i) In general.--The term `lifecycle 
                        greenhouse gas emissions' means the aggregate 
                        quantity of direct greenhouse gas emissions 
                        relating to the full fuel lifecycle, as 
                        determined by the Secretary of Agriculture and 
                        the Secretary of Energy based on--
                                    ``(I) measurements taken using the 
                                most recent observable data; and
                                    ``(II) consideration of regional 
                                differences of renewable fuel 
                                production.
                            ``(ii) Inclusions.--The term `lifecycle 
                        greenhouse gas emissions' includes greenhouse 
                        gas emissions from all stages of fuel and 
                        feedstock production and distribution, from 
                        feedstock generation or extraction through the 
                        distribution and delivery and use of the 
                        finished fuel to the ultimate consumer, where 
                        the mass values for all greenhouse gases are 
                        adjusted to account for the relative global 
                        warming potential of the greenhouse gases.
                            ``(iii) Peer review and model.--The 
                        Secretary of Agriculture and the Secretary of 
                        Energy shall--
                                    ``(I) carry out a peer review of 
                                any model used in measuring lifecycle 
                                greenhouse gas emissions; and
                                    ``(II) make the results of the peer 
                                review and model publicly available 
                                before any public comment period 
                                provided in connection with the 
                                determination made under this 
                                subparagraph.
                    ``(I) Renewable biomass.--The term `renewable 
                biomass' means--
                            ``(i) materials, precommercial thinnings, 
                        or invasive species from National Forest System 
                        land and public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)) that--
                                    ``(I) are byproducts of preventive 
                                treatments that are removed--
                                            ``(aa) to reduce hazardous 
                                        fuels;
                                            ``(bb) to reduce or contain 
                                        disease or insect infestation; 
                                        or
                                            ``(cc) to restore ecosystem 
                                        health;
                                    ``(II) would not otherwise be used 
                                for higher-value products; and
                                    ``(III) are harvested in accordance 
                                with--
                                            ``(aa) applicable law and 
                                        land management plans; and
                                            ``(bb) the requirements 
                                        for--

                                                    ``(AA) old-growth 
                                                maintenance, 
                                                restoration, and 
                                                management direction of 
                                                paragraphs (2), (3), 
                                                and (4) of subsection 
                                                (e) of section 102 of 
                                                the Healthy Forests 
                                                Restoration Act of 2003 
                                                (16 U.S.C. 6512); and

                                                    ``(BB) large-tree 
                                                retention of subsection 
                                                (f) of that section; 
                                                and

                            ``(ii) any organic matter that is available 
                        on a renewable or recurring basis from non-
                        Federal land or land belonging to an Indian or 
                        Indian tribe that is held in trust by the 
                        United States or subject to a restriction 
                        against alienation imposed by the United 
                        States, including--
                                    ``(I) renewable plant material, 
                                including--
                                            ``(aa) feed grains;
                                            ``(bb) other agricultural 
                                        commodities;
                                            ``(cc) other plants and 
                                        trees; and
                                            ``(dd) algae; and
                                    ``(II) waste material, including--
                                            ``(aa) crop residue;
                                            ``(bb) other vegetative 
                                        waste material (including wood 
                                        waste and wood residues);
                                            ``(cc) animal waste and 
                                        byproducts (including fats, 
                                        oils, greases, and manure); and
                                            ``(dd) food waste and yard 
                                        waste.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``the Administrator'' each 
                        place it appears and inserting ``the Secretary 
                        of Agriculture, the Secretary of Energy, and 
                        the Administrator'';
                            (ii) in clause (ii)(I), by striking 
                        ``promulgates'' and inserting ``promulgate''; 
                        and
                            (iii) in clause (iv), by striking ``does 
                        not promulgate'' and inserting ``fail to 
                        promulgate''; and
                    (B) in subparagraph (B)--
                            (i) in clause (ii)--
                                    (I) by striking ``the 
                                Administrator, in coordination with the 
                                Secretary of Energy and the Secretary 
                                of Agriculture'' and inserting ``the 
                                Secretary of Agriculture, the Secretary 
                                of Energy, and the Administrator''; and
                                    (II) in the matter following 
                                subclause (VI), by striking ``The 
                                Administrator'' and inserting ``The 
                                Secretary of Agriculture, the Secretary 
                                of Energy, and the Administrator''; and
                            (ii) in clause (iv), by striking ``the 
                        Administrator'' each place it appears and 
                        inserting ``the Secretary of Agriculture, the 
                        Secretary of Energy, and the Administrator'';
            (3) in paragraph (3)--
                    (A) in subparagraphs (A) and (B), by striking ``the 
                Administrator of the Environmental Protection Agency'' 
                each place it appears and inserting ``the Secretary of 
                Agriculture, the Secretary of Energy, and the 
                Administrator of the Environmental Protection Agency''; 
                and
                    (B) in subparagraph (C), by striking ``the 
                Administrator'' and inserting ``the Secretary of 
                Agriculture, the Secretary of Energy, and the 
                Administrator of the Environmental Protection Agency'';
            (4) in paragraph (4)--
                    (A) by striking ``Administrator'' each place it 
                appears and inserting ``Secretary of Agriculture, the 
                Secretary of Energy, and the Administrator'';
                    (B) by striking subparagraphs (D) and (E) and 
                inserting the following:
                    ``(D) 5-year review.--Not later than 5 years after 
                the date on which the Secretary of Agriculture, the 
                Secretary of Energy, and the Administrator make an 
                adjustment under this paragraph, the Secretary of 
                Agriculture, the Secretary of Energy, and the 
                Administrator shall review and revise (based on the 
                same criteria and standards as required for the initial 
                adjustment) the regulations establishing the adjusted 
                level.
                    ``(E) Subsequent adjustments.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (D), after the Secretary of 
                        Agriculture, the Secretary of Energy, and the 
                        Administrator have promulgated a final rule 
                        under the last sentence of paragraph (2)(A)(i) 
                        with respect to the method of determining 
                        lifecycle greenhouse gas emissions, the 
                        Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator may adjust the 
                        percent greenhouse gas reduction levels only if 
                        the Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator determine that 
                        there has been a significant change in the 
                        analytical methodology used for determining the 
                        lifecycle greenhouse gas emissions.
                            ``(ii) Effect of determination.--If the 
                        Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator make a 
                        determination described in clause (i), the 
                        Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator may adjust the 
                        20-, 50-, or 60-percent reduction levels 
                        pursuant to a rulemaking using the criteria and 
                        standards described in this paragraph.'';
                    (C) in subparagraph (F), by striking ``revises'' 
                and inserting ``revise''; and
                    (D) in subparagraph (G)--
                            (i) by striking ``adjusts, or revises, a 
                        percent level referred to in this paragraph or 
                        makes'' and inserting ``adjust or revise a 
                        percent level referred to in this paragraph, or 
                        make''; and
                            (ii) by striking ``effective date of such 
                        adjustment, revision, or change'' and inserting 
                        ``date of enactment of the Energy Independence 
                        and Security Act of 2007 (Public Law 110-140; 
                        121 Stat. 1492)'';
            (5) in paragraph (5)(E), by striking ``Administrator'' each 
        place it appears and inserting ``Secretary of Agriculture, the 
        Secretary of Energy, and the Administrator'';
            (6) in paragraph (6)(B), by striking ``the Administrator of 
        the Environmental Protection Agency'' and inserting ``the 
        Secretary of Agriculture, the Secretary of Energy, and the 
        Administrator of the Environmental Protection Agency'';
            (7) in paragraph (7)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by striking ``Administrator, in 
                                consultation with the Secretary of 
                                Energy and the Secretary of 
                                Agriculture,'' and inserting 
                                ``Secretary of Agriculture, the 
                                Secretary of Energy, and the 
                                Administrator''; and
                                    (II) by striking ``the 
                                Administrator on his own motion'' and 
                                inserting ``the Secretary of 
                                Agriculture, the Secretary of Energy, 
                                and the Administrator on a joint 
                                motion''; and
                            (ii) in clauses (i) and (ii), by striking 
                        ``the Administrator'' each place it appears and 
                        inserting ``the Secretary of Agriculture, the 
                        Secretary of Energy, and the Administrator'';
                    (B) in subparagraph (B)--
                            (i) by striking ``Administrator, in 
                        consultation with the Secretary of Energy and 
                        the Secretary of Agriculture,'' and inserting 
                        ``Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator''; and
                            (ii) by striking ``the Administrator'' and 
                        inserting ``the Secretary of Agriculture, the 
                        Secretary of Energy, and the Administrator'';
                    (C) in subparagraph (D)--
                            (i) by striking ``the Administrator'' each 
                        place it appears and inserting ``the Secretary 
                        of Agriculture, the Secretary of Energy, and 
                        the Administrator'';
                            (ii) in clause (i), in the second sentence, 
                        by striking ``makes such a reduction'' and 
                        inserting ``make such a reduction'';
                            (iii) in clause (ii), by striking 
                        ``reduces'' and inserting ``reduce''; and
                            (iv) in clause (iii), in the fourth 
                        sentence--
                                    (I) by striking ``deems'' and 
                                inserting ``determine to be''; and
                                    (II) by striking ``determines'' and 
                                inserting ``determine'';
                    (D) in subparagraph (E)--
                            (i) by striking ``Administrator, in 
                        consultation with the Secretary of Energy and 
                        the Secretary of Agriculture,'' each place it 
                        appears and inserting ``Secretary of 
                        Agriculture, the Secretary of Energy, and the 
                        Administrator'';
                            (ii) in clause (ii)--
                                    (I) in the first sentence, by 
                                striking ``the Administrator 
                                determines'' and inserting ``the 
                                Secretary of Agriculture, the Secretary 
                                of Energy, and the Administrator 
                                determine''; and
                                    (II) in the second sentence, by 
                                striking ``the Administrator makes'' 
                                and inserting ``the Secretary of 
                                Agriculture, the Secretary of Energy, 
                                and the Administrator make''; and
                            (iii) in clause (iii), by striking ``the 
                        Administrator determines'' and inserting ``the 
                        Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator determine''; and
                    (E) in subparagraph (F)--
                            (i) in the matter preceding clause (i), by 
                        striking ``the Administrator waives'' and 
                        inserting ``the Secretary of Agriculture, the 
                        Secretary of Energy, and the Administrator 
                        waive''; and
                            (ii) in the matter following clause (ii), 
                        by striking ``the Administrator'' each place it 
                        appears and inserting ``the Secretary of 
                        Agriculture, the Secretary of Energy, and the 
                        Administrator'';
            (8) in paragraph (8)--
                    (A) in subparagraph (A), by striking ``the 
                Secretary of Energy shall conduct for the 
                Administrator'' and inserting ``the Secretary of 
                Agriculture and the Secretary of Energy shall 
                conduct'';
                    (B) in subparagraph (C), by striking ``the 
                Secretary of Energy shall make specific recommendations 
                to the Administrator'' and inserting ``the Secretary of 
                Agriculture and the Secretary of Energy shall make 
                specific recommendations''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``the Administrator'' each 
                        place it appears and inserting ``the Secretary 
                        of Agriculture, the Secretary of Energy, and 
                        the Administrator''; and
                            (ii) in clause (i), by striking ``by the 
                        Secretary of Energy'';
            (9) in paragraph (9)--
                    (A) in subparagraph (A), by striking clause (ii) 
                and inserting the following:
                            ``(ii) Extension of exemption.--
                                    ``(I) Study.--Not later than 
                                December 31, 2008, the Secretary of 
                                Agriculture and the Secretary of Energy 
                                shall conduct a study to determine 
                                whether compliance with the 
                                requirements of paragraph (2) would 
                                impose a disproportionate economic 
                                hardship on small refineries.
                                    ``(II) Extension of exemption.--In 
                                the case of a small refinery that the 
                                Secretary of Agriculture and the 
                                Secretary of Energy determine under 
                                subclause (I) would be subject to a 
                                disproportionate economic hardship if 
                                required to comply with paragraph (2), 
                                the Secretary of Agriculture, the 
                                Secretary of Energy, and the 
                                Administrator shall extend the 
                                exemption under clause (i) for the 
                                small refinery for a period of not less 
                                than 2 additional years.'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``the 
                        Administrator'' and inserting ``the Secretary 
                        of Agriculture, the Secretary of Energy, and 
                        the Administrator'';
                            (ii) in clause (ii), by striking ``the 
                        Administrator, in consultation with the 
                        Secretary of Energy,'' and inserting ``the 
                        Secretary of Agriculture, the Secretary of 
                        Energy, and the Administrator''; and
                            (iii) in clause (iii), by striking ``The 
                        Administrator'' and inserting ``The Secretary 
                        of Agriculture, the Secretary of Energy, and 
                        the Administrator''; and
                    (C) in subparagraphs (C) and (D), by striking ``the 
                Administrator'' each place it appears and inserting 
                ``the Secretary of Agriculture, the Secretary of 
                Energy, and the Administrator'';
            (10) in paragraph (10)(B), by striking ``the 
        Administrator'' and inserting ``the President''; and
            (11) in paragraph (11), in the matter preceding 
        subparagraph (A), by striking ``the Administrator'' and 
        inserting ``the Secretary of Agriculture, the Secretary of 
        Energy, and the Administrator''.
                                 <all>
```