II 

111TH CONGRESS 

2D SESSION S. 3381 

To amend the Clean Air Act to modify certain definitions of the term 

‘‘renewable biomass’’, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2010 

Mr. BAUCUS (for himself, Mr. CRAPO, and Mr. TESTER) 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 certain definitions 

of the term ‘‘renewable biomass’’, 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. DEFINITION OF RENEWABLE BIOMASS. 

4 (a) CLEAN AIR ACT DEFINITIONS.— 

5 (1) RFS DEFINITION.—Section 211(o)(1) of 

6 the Clean Air Act (42 U.S.C. 7545(o)(1)) is amend7 ed by striking subparagraph (I) and inserting the 

8 following: 

9 ‘‘(I) RENEWABLE BIOMASS.—The term ‘re10 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 (2) CONVERSION ASSISTANCE DEFINITION.— 

10 Section 211(s)(4) of the Clean Air Act (42 U.S.C. 

11 7545(s)(4)) is amended by striking subparagraph 

12 (B) and inserting the following: 

13 ‘‘(B) RENEWABLE BIOMASS.—The term 

14 ‘renewable biomass’ has the meaning given the 

15 term in subsection (o)(1).’’. 

16 (b) APPLICABILITY UNDER OTHER LAW.—The defi17 nition of the term ‘‘renewable biomass’’ under section 

18 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as 

19 amended by subsection (a)(1)) shall apply in any Federal 

20 law enacted after the date of enactment of this Act— 

21 (1) to establish a renewable electricity standard; 

22 or 

23 (2) to regulate the emission of greenhouse 

24 gases. 

Æ 


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