I 
111TH CONGRESS 
1ST SESSION H. R. 2409 
To amend section 211(o) of the Clean Air Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2009 
Mr. PETERSON (for himself, Mr. LUCAS, Mr. HOLDEN, Mr. GOODLATTE, Mr. 
MCINTYRE, Mr. ROGERS of Alabama, Mr. BOSWELL, Mr. CONAWAY, Mr. 
BACA, Mrs. SCHMIDT, Mr. CARDOZA, Mr. SMITH of Nebraska, Mr. 
SCOTT of Georgia, Mr. LATTA, Mr. MARSHALL, Mr. MORAN of Kansas, 
Ms. HERSETH SANDLIN, Mr. GRAVES, Mr. CUELLAR, Mr. COSTA, Mr. 
LUETKEMEYER, Mr. ELLSWORTH, Mr. WALZ, Mr. KAGEN, Mr. 
SCHRADER, Mrs. HALVORSON, Mrs. DAHLKEMPER, Mr. MASSA, Mr. 
BRIGHT, Ms. MARKEY of Colorado, Mr. KRATOVIL, Mr. SCHAUER, Mr. 
KISSELL, Mr. BOCCIERI, Mr. MURPHY of New York, Mr. POMEROY, Mr. 
CHILDERS, Mr. MINNICK, Mr. LATHAM, Mr. BERRY, Mr. SALAZAR, and 
Mr. BOYD) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend section 211(o) of the Clean Air Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Renewable Fuel Stand-
ard Improvement Act’’. 
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SEC. 2. AMENDMENT. 
Section 211(o) of the Clean Air Act is amended as 
follows: 
(1) In paragraphs (1)(B)(i), (2)(A)(i), and 
(2)(A)(ii), 
the 
matter 
following 
paragraph 
(2)(B)(ii)(VI), paragraphs (2)(B)(iv), (3), (4), (5), 
(6)(B), (7)(A)(i), (7)(A)(ii), (7)(B), (7)(D), (7)(E), 
(7)(F), (8)(D), (9)(A)(ii)(II), (9)(B)(i), (9)(B)(iii), 
(9)(C), (9)(D), and (11), by striking ‘‘Adminis-
trator’’ and inserting ‘‘Secretary of Agriculture, the 
Secretary of Energy, and the Administrator’’. 
(2) In paragraph (1)(C)— 
(A) by striking ‘‘Administrator’’ and in-
serting ‘‘Secretary of Energy’’; and 
(B) by striking ‘‘in 2005.’’ and inserting 
‘‘2008. At 3 year intervals after 2008, the base-
line shall be updated by using a date 3 years 
after the prior baseline date.’’. 
(3) In paragraph (1) by amending subpara-
graph (D) as follows: 
(A) By striking ‘‘and that has’’ and insert-
ing a period and the following: ‘‘In the case of 
renewable fuel produced from facilities that 
commenced construction after December 19, 
2007, such term only includes such biodiesel if 
it has’’. 
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(B) By striking out ‘‘the preceding sen-
tence’’ and insert ‘‘the preceding provisions of 
this subparagraph’’. 
(4) In subparagraph (D) and (E) of paragraph 
(1), by striking ‘‘Administrator’’ and inserting ‘‘Sec-
retary of Agriculture and the Secretary of Energy’’. 
(5) In paragraph (1)(G), by striking the last 
sentence. 
(6) By amending paragraph (1)(H) to read as 
follows: 
‘‘(H) LIFECYCLE GREENHOUSE GAS EMIS-
SIONS.— 
‘‘(i) IN GENERAL.—The term ‘lifecycle 
greenhouse gas emissions’ means the ag-
gregate quantity of direct greenhouse gas 
emissions relating to the full fuel lifecycle, 
as determined by the Secretary of Agri-
culture 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 produc-
tion. 
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‘‘(ii) 
INCLUSIONS.—The 
term 
‘lifecycle greenhouse gas emissions’ in-
cludes greenhouse gas emissions from all 
stages of fuel and feedstock production and 
distribution, from feedstock generation or 
extraction through the distribution and de-
livery and use of the finished fuel to the 
ultimate consumer, where the mass values 
for all greenhouse gases are adjusted to ac-
count for the relative global warming po-
tential of the greenhouse gases. 
‘‘(iii) PEER
REVIEW
AND
MODEL.— 
The Secretary of Agriculture and the Sec-
retary of Energy shall carry out a peer re-
view of any model used in measuring 
lifecycle greenhouse gas emissions and 
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.’’. 
(7) Amend paragraph (1)(I) to read as follows: 
‘‘(I) RENEWABLE BIOMASS.—The term ‘re-
newable biomass’ means— 
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‘‘(i) 
materials, 
pre-commercial 
thinnings, or invasive species from Na-
tional 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 accord-
ance with— 
‘‘(aa) applicable law and 
land management plans; and 
‘‘(bb) 
the 
requirements 
for— 
‘‘(AA) old-growth main-
tenance, 
restoration, 
and 
management 
direction 
of 
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‘‘Secretary of Agriculture, the Secretary of Energy, 
and the Administrator’’. 
(12) In clauses (i) and (ii) by striking out ‘‘a 
determination by the Administrator’’ and inserting 
‘‘their determination’’. 
(13) In paragraph (7)(A), by striking ‘‘Admin-
istrator on his own’’ and inserting ‘‘Secretary of Ag-
riculture, the Secretary of Energy, and the Adminis-
trator on their own’’. 
(14) In paragraphs (8)(A) and paragraph 
(9)(A)(ii)(I), by striking ‘‘the Secretary of Energy 
shall conduct for the Administrator’’ and inserting 
‘‘the Secretary of Agriculture and the Secretary of 
Energy shall conduct’’. 
(15) In paragraph (8)(C), by striking ‘‘the Sec-
retary of Energy shall make specific recommenda-
tions to the Administrator’’ and inserting ‘‘the Sec-
retary of Agriculture and the Secretary of Energy 
shall make specific recommendations’’. 
(16) In paragraph (8)(D)(i), by striking ‘‘by 
the Secretary of Energy’’. 
(17) In paragraph (9)(B)(ii), by striking ‘‘Ad-
ministrator, in consultation with the Secretary of 
Energy,’’ and inserting ‘‘the Secretary of Agri-
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culture, the Secretary of Energy, and the Adminis-
trator’’. 
(18) In paragraph (10)(B), by striking ‘‘Admin-
istrator’’ and inserting ‘‘President’’. 
Æ 
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