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Shown Here: 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”.
