Sustainability Issues in Biomass Feedstock Production: A Policy Perspective - Engineering and Science of Biomass Feedstock Production and Provision - page 231

improve the sustainability of their practices through biomass cropping. Although this
transition may already be occurring, the research side of sustainable practices has
much catching up to do [ 25 ]. New research must also be incorporated into NRCS
practice standards, which inform farmers' conservation planning. Although some-
what analogous NRCS cover cropping and riparian buffer practice standards are in
place, no standards exist that would guide producer's decision for energy cropping.
It is believed that the Farm Services Administration and NRCS have worked together
in devising practice standards for BCAP to prevent the spread of invasive species for
individual participants, but these have not been published publically.
The Clean Air Act “Tailoring Rule” for Biomass-Based Emissions
from Stationary Sources
In addition to bioenergy-specifi c statutes such as the RFS and BCAP that contain
sustainability provisions for biomass, federal efforts to reduce GHGs from electric-
ity generation also contemplate the sustainability of biomass. EPA is implementing
stationary [ 26 ] GHG rules under the federal Clean Air Act (CAA) in response to the
US Supreme Court's holding in 2007 that EPA must determine whether GHGs
cause or contribute to air pollution (GHGs) that may be reasonably anticipated to
endanger public health (which it did in 2010). For certain stationary sources such as
electricity generators that combust biomass that EPA must permit under its
“Tailoring Rule,” EPA controversially ruled in July 2011 that it will treat biomass as
“carbon neutral” while it studies the issue for 3 years [ 27 ]. Put another way, EPA
deferred permitting of facilities that combust forest and agricultural biomass until
studies can be completed on its carbon neutrality. EPA's Science Advisory Board
(SAB) has conducted hearings to evaluate EPA's proposed “Accounting Framework
for Biogenic CO 2 Emissions From Stationary Sources” and proposed to EPA that
not all biogenic carbon is carbon neutral [ 28 ]. In July 2013, a federal appeals court
struck down EPA's deferral. Citation: Center for Biological Diversity v. EPA, No
11-1101 (D.C. Cir. July 12, 2013). Despite a call for information related to other
sustainability issues (particularly impacts on forests) in July 2010, EPA did not
indicate in its neutrality rule any reference to what, if anything, it will do moving
forward with regard to environmental issues other than GHG emissions [ 29 ].
Procurement Market-Pull for Sustainable Biomass: USDA, EPA,
Department of Defense
In addition to compliance-based incentives to increase biomass sustainability, the
primary potential market-pull in the United States for sustainable biomass likely
will come from federal procurement standards. All executive agencies (e.g., the
Department of Homeland Security) follow the Federal Acquisition Regulation
(FAR) to make “sustainable acquisitions” (i.e., purchases) [ 30 ]. Ninety-fi ve percent
of new contract actions must require that the product is, among other qualities,
water- effi cient, biobased, and environmentally preferable. Each federal agency