Text: H.R.6047 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in House (06/28/2012)


112th CONGRESS
2d Session
H. R. 6047


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.


IN THE HOUSE OF REPRESENTATIVES

June 28, 2012

Mr. Flake introduced the following bill; which was referred to the Committee on Energy and Commerce


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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Phantom Fuel Reform Act of 2012”.

SEC. 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 inserting “(i)” before “Not later than”; and

(2) by adding at the end the following new clause:

“(ii) (I) 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) 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 “by the same or a lesser volume” and inserting “by the same volume”.


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