Library / Laws / 113th / s / S. 251 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 251
IN THE SENATE OF THE UNITED STATES
February 7, 2013
Mr. Flake (for himself,
Mr. Crapo, and Mr. Vitter) introduced the following bill; which was
read twice and referred to the Committee
on Environment and Public Works
A BILL
To amend the renewable fuel program under section 211(o)
of the Clean Air Act to require the cellulosic biofuel requirement to be based
on actual production.
1.
Short title
This Act may be cited as the
Phantom Fuel Reform
Act.
2.
Cellulosic
biofuel requirement based on actual production
(a)
Provision of
estimate of volumes of cellulosic biofuel
Section 211(o)(3)(A) of the Clean Air Act
(42 U.S.C. 7545(o)(3)(A)) is amended—
(1) by striking Not later than
and inserting the following:
(i)
In
general
Not later
than
;
and
(2) by adding at the
end the following:
(ii)
Estimation
method
(I)
In
general
In determining any estimate under clause (i), with
respect to the following calendar year, of the projected volume of cellulosic
biofuel production (as described in paragraph (7)(D)(i)), the Administrator of
the Energy Information Administration shall—
(aa) for
each cellulosic biofuel production facility that is producing (and continues to
produce) cellulosic biofuel during the period of January 1 through October 31
of the calendar year in which the estimate is made (in this clause referred to
as the current calendar year)—
(AA) determine the
average monthly volume of cellulosic biofuel produced by such facility, based
on the actual volume produced by such facility during such period; and
(BB) based on such
average monthly volume of production, determine the estimated annualized volume
of cellulosic biofuel production for such facility for the current calendar
year; and
(bb) for each cellulosic biofuel production
facility that begins initial production of (and continues to produce)
cellulosic biofuel after January 1 of the current calendar year—
(AA) determine the average monthly volume of
cellulosic biofuel produced by such facility, based on the actual volume
produced by such facility during the period beginning on the date of initial
production of cellulosic biofuel by the facility and ending on October 31 of
the current calendar year; and
(BB) based on such average monthly volume of
production, determine the estimated annualized volume of cellulosic biofuel
production for such facility for the current calendar year.
(II)
Total
production
An estimate under clause (i) with respect to the
following calendar year of the projected volume of cellulosic biofuel
production (as described in paragraph (7)(D)(i)), shall be equal to the total
of the estimated annual volumes of cellulosic biofuel production for all
cellulosic biofuel production facilities described in subclause (I) for the
current calendar
year.
.
(b)
Reduction in
applicable volume
Section 211(o)(7)(D)(i) of the Clean Air Act
(42 U.S.C. 7545(o)(7)(D)(i)) is amended by—
(1) striking
based on the and inserting using the
exact;
(2) striking
may and inserting shall; and
(3) striking
same or a lesser volume and inserting same
volume.