I 
111TH CONGRESS 
1ST SESSION H. R. 2283 
To amend the Clean Air Act to permit the Administrator of the Environ-
mental Protection Agency to waive the lifecycle greenhouse gas emission 
reduction requirements for renewable fuel production, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2009 
Mr. MORAN of Kansas introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Clean Air Act to permit the Administrator 
of the Environmental Protection Agency to waive the 
lifecycle greenhouse gas emission reduction requirements 
for renewable fuel production, 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. DIRECT LIFECYCLE GREENHOUSE GAS EMIS-
SIONS. 
Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended as follows: 
(1) In paragraph (1), by striking subparagraph 
(H) and inserting the following: 
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‘‘(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 Administrator based 
on— 
‘‘(I) measurements taken using 
the most recent observable data; and 
‘‘(II) consideration of regional 
differences of renewable fuel produc-
tion. 
‘‘(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. 
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‘‘(iii) AVAILABILITY OF MODEL.—The 
Administrator shall make the model used 
in measuring lifecycle greenhouse gas emis-
sions publicly available before publishing 
any administrative action on lifecycle 
greenhouse gas emissions.’’. 
(2) By inserting after paragraph (12) the fol-
lowing: 
‘‘(13) WAIVER AUTHORITY.— 
‘‘(A) IN GENERAL.—A renewable fuel man-
ufacturer may petition the Administrator to 
waive, and the Administrator may waive, the 
lifecycle greenhouse gas emission reduction re-
quirements for renewable fuel production set 
forth in paragraph (2)(A) if, as determined by 
the Administrator— 
‘‘(i) the requirements are the primary 
or contributing factor of a failure to 
achieve the applicable renewable fuels 
standard for biomass-based diesel, conven-
tional biofuel, cellulosic biofuel, or ad-
vanced biofuel; 
‘‘(ii) the requirements are causing 
economic harm within the biofuels indus-
try; or 
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‘‘(iii) the requirements are directly or 
indirectly increasing the dependence of the 
United States on foreign oil. 
‘‘(B) INNOVATIVE
PRODUCTION
METH-
ODS.— 
‘‘(i) IN GENERAL.—A renewable fuel 
manufacturer may petition the Adminis-
trator to certify an innovative production 
method that may result in lower lifecycle 
greenhouse gas emissions than the lifecycle 
greenhouse gas emissions of a renewable 
fuel determined by the Administrator 
under paragraph (1)(H). 
‘‘(ii) 
REQUIREMENTS.—A 
petition 
submitted under clause (i) shall include a 
full lifecycle greenhouse gas emission anal-
ysis of the applicable renewable fuel based 
on the lifecycle greenhouse gas emission 
model used by the Administrator. 
‘‘(C) FAILURE TO ACT.—If the Adminis-
trator does not approve or deny a petition sub-
mitted under subparagraph (A) or (B) by the 
date that is 90 days after the date of receipt of 
the petition, the petition shall be considered to 
be approved. 
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