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S. 251 (113th): Phantom Fuel Reform Act

The text of the bill below is as of Feb 7, 2013 (Introduced).


II

113th CONGRESS

1st Session

S. 251

IN THE SENATE OF THE UNITED STATES

February 7, 2013

(for himself,Mr. Crapo, andMr. Vitter) introduced the following bill; which was read twice and referred to theCommittee 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 strikingNot later thanand 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 underclause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described inparagraph (7)(D)(i)), theAdministrator of the Energy Information Administrationshall—

(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 thecurrent 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 underclause (i)with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described inparagraph (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 insubclause (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)

strikingbased on theand insertingusing the exact;

(2)

strikingmayand insertingshall; and

(3)

strikingsame or a lesser volumeand insertingsame volume.