II
111th CONGRESS
1st Session
S. 1148
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.
Short title
This Act may be cited as the
Renewable Fuel Standard Improvement
Act
.
Renewable fuel standard improvement
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended—
in paragraph (1)—
in subparagraph (B)(i), by striking
the Administrator
and inserting the Secretary of
Agriculture, the Secretary of Energy, and the Administrator
;
in subparagraph (C)—
by striking The term
and
inserting the following:
In general
The term
;
in clause (i) (as designated by clause (i))—
by striking the
Administrator
and inserting the Secretary of Energy
;
and
by striking in 2005
and
inserting during calendar year 2008
; and
by adding at the end the following:
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.
;
by striking subparagraph (D) and inserting the following:
Biomass-based diesel
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))).
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.
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—
meets the requirements of subparagraph (B); but
is not biomass-based diesel.
;
in subparagraph (E), by striking the
Administrator
and inserting the Secretary of Agriculture and the
Secretary of Energy
;
in subparagraph (G), by striking the second sentence; and
by striking subparagraphs (H) and (I) and inserting the following:
Lifecycle greenhouse gas emissions
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—
measurements taken using the most recent observable data; and
consideration of regional differences of renewable fuel production.
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.
Peer review and model
The Secretary of Agriculture and the Secretary of Energy shall—
carry out a peer review 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.
Renewable biomass
The term renewable biomass means—
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—
are byproducts of preventive treatments that are removed—
to reduce hazardous fuels;
to reduce or contain disease or insect infestation; or
to restore ecosystem health;
would not otherwise be used for higher-value products; and
are harvested in accordance with—
applicable law and land management plans; and
the requirements for—
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
large-tree retention of subsection (f) of that section; and
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—
renewable plant material, including—
feed grains;
other agricultural commodities;
other plants and trees; and
algae; and
waste material, including—
crop residue;
other vegetative waste material (including wood waste and wood residues);
animal waste and byproducts (including fats, oils, greases, and manure); and
food waste and yard waste.
;
in paragraph (2)—
in subparagraph (A)—
by striking the
Administrator
each place it appears and inserting the Secretary
of Agriculture, the Secretary of Energy, and the Administrator
;
in clause (ii)(I), by striking
promulgates
and inserting promulgate
; and
in clause (iv), by striking does not
promulgate
and inserting fail to promulgate
; and
in subparagraph (B)—
in clause (ii)—
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
in the matter following subclause (VI), by
striking The Administrator
and inserting The Secretary of
Agriculture, the Secretary of Energy, and the Administrator
; and
in clause (iv), by striking the
Administrator
each place it appears and inserting the Secretary
of Agriculture, the Secretary of Energy, and the Administrator
;
in paragraph (3)—
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
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
;
in paragraph (4)—
by striking Administrator
each place it appears and inserting Secretary of Agriculture, the
Secretary of Energy, and the Administrator
;
by striking subparagraphs (D) and (E) and inserting the following:
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.
Subsequent adjustments
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.
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.
;
in subparagraph (F), by striking
revises
and inserting revise
; and
in subparagraph (G)—
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
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)
;
in paragraph (5)(E), by striking
Administrator
each place it appears and inserting
Secretary of Agriculture, the Secretary of Energy, and the
Administrator
;
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
;
in paragraph (7)—
in subparagraph (A)—
in the matter preceding clause (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
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
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
;
in subparagraph (B)—
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
by striking the
Administrator
and inserting the Secretary of Agriculture, the
Secretary of Energy, and the Administrator
;
in subparagraph (D)—
by striking the
Administrator
each place it appears and inserting the Secretary
of Agriculture, the Secretary of Energy, and the Administrator
;
in clause (i), in the second sentence, by
striking makes such a reduction
and inserting make such a
reduction
;
in clause (ii), by striking
reduces
and inserting reduce
; and
in clause (iii), in the fourth sentence—
by striking deems
and
inserting determine to be
; and
by striking determines
and
inserting determine
;
in subparagraph (E)—
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
;
in clause (ii)—
in the first sentence, by striking
the Administrator determines
and inserting the Secretary
of Agriculture, the Secretary of Energy, and the Administrator
determine
; and
in the second sentence, by striking
the Administrator makes
and inserting the Secretary of
Agriculture, the Secretary of Energy, and the Administrator make
;
and
in clause (iii), by striking the
Administrator determines
and inserting the Secretary of
Agriculture, the Secretary of Energy, and the Administrator determine
;
and
in subparagraph (F)—
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
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
;
in paragraph (8)—
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
;
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
in subparagraph (D)—
by striking the
Administrator
each place it appears and inserting the Secretary
of Agriculture, the Secretary of Energy, and the Administrator
;
and
in clause (i), by striking by the
Secretary of Energy
;
in paragraph (9)—
in subparagraph (A), by striking clause (ii) and inserting the following:
Extension of exemption
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.
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.
;
in subparagraph (B)—
in clause (i), by striking the
Administrator
and inserting the Secretary of Agriculture, the
Secretary of Energy, and the Administrator
;
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
in clause (iii), by striking The
Administrator
and inserting The Secretary of Agriculture, the
Secretary of Energy, and the Administrator
; and
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
;
in paragraph (10)(B), by striking
the Administrator
and inserting the President
;
and
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
.