[Congressional Record Volume 161, Number 11 (Thursday, January 22, 2015)]
[Senate]
[Page S433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 108. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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--
       (1) in the first sentence, by striking ``based on the'' and 
     inserting ``using the exact'';
       (2) in the second sentence--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``same or a lesser volume'' and inserting 
     ``same volume''.
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