Sec. 414.
520 words·~2 min read·
/bill/114/s/3068/pcs/section-414A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For any policy, regulation, or action of the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) specifically relating to carbon dioxide emissions due to the combustion of forest biomass from stationary sources, the Administrator shall provide that those emissions, including forest biomass carbon dioxide emissions from a facility that combusts forest biomass for energy, do not require regulation, control, or action if— the Secretary of Agriculture (referred to in this section as the Secretary ) determines, based on the most recent annual assessment of forest and timberland carbon stocks derived from the Forest Inventory and Analysis data of the Department of Agriculture, that timberland carbon stocks in the relevant region, as described in subsection (b), are stable or increasing as compared to the assessment of timberland carbon stocks for that region based on the relevant average timberland carbon stock assessment baseline described in subsection (c); or the forest biomass is derived from— mill product manufacturing residuals; harvest residues; biowaste (including used wood products); or forest management activities that are conducted— to increase yield; or to maintain or enhance forest health.
For purposes of the annual assessment of forest and timberland carbon stocks described in subsection (a)(1), the Secretary shall identify the relevant regions as the following: The North Region shall be comprised of the States of Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Vermont, West Virginia, and Wisconsin.
The South Region shall be comprised of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. The Intermountain Region shall be comprised of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming. The Pacific Coast and Northwest Region shall be comprised of California, Idaho, Montana, Oregon, and Washington. For purposes of the annual assessment of forest and timberland carbon stocks described in subsection (a)(1), the Secretary shall consider individually any State not described in paragraph (1).
The Administrator, in consultation with the Secretary, shall calculate the average timberland carbon stock assessment baseline referred to in subsection (a)(1)— for the period beginning on the date of enactment of this Act and ending on December 31, 2029, based on the average timberland carbon stock assessment for the years 2006 through 2015; for the period beginning on January 1, 2030, and ending on December 31, 2039, based on the average timberland carbon stock assessment for the years 2016 through 2025; and for the 10-year period beginning on January 1, 2040, and ending on December 31, 2049, and for each subsequent 10-year period, based on the average timberland carbon stock assessment for the 10-year period following the end of the previous 10-year baseline calculation.
Not less frequently than annually, the Administrator shall review the most recent annual assessment of the Secretary referred to in subsection (a)(1) to determine the applicability of subsection (a). Subject to appropriations, the Secretary shall update the measurement of forest carbon stocks with plot data not less frequently than once every 5 years.