[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6047 Introduced in House (IH)]

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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