I 

113TH CONGRESS 

1ST SESSION H. R. 550 

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 

FEBRUARY 6, 2013 

Mr. HARPER (for himself and Mr. MATHESON) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Phantom Fuel Reform 

5 Act of 2013’’. 


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1 SEC. 2. CELLULOSIC BIOFUEL REQUIREMENT BASED ON 

2 ACTUAL PRODUCTION. 

3 (a) PROVISION OF ESTIMATE OF VOLUMES OF CEL4 LULOSIC BIOFUEL.—Section 211(o)(3)(A) of the Clean 

5 Air Act (42 U.S.C. 7545(o)(3)(A)) is amended— 

6 (1) by inserting ‘‘(i)’’ before ‘‘Not later than’’; 

7 and 

8 (2) by adding at the end the following new 

9 clause: 

10 ‘‘(ii)(I) In determining any estimate under 

11 clause (i), with respect to the following calendar 

12 year, of the projected volume of cellulosic 

13 biofuel production (as described in paragraph 

14 (7)(D)(i)), the Administrator of the Energy In15 formation Administration shall— 

16 ‘‘(aa) for each cellulosic biofuel 

17 production facility that is producing 

18 (and continues to produce) cellulosic 

19 biofuel during the period of January 1 

20 through October 31 of the calendar 

21 year in which the estimate is made (in 

22 this clause referred to as the ‘current 

23 calendar year’)— 

24 ‘‘(AA) determine the average 

25 monthly volume of cellulosic 

26 biofuel produced by such facility, 


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•HR 550 IH

1 based on the actual volume pro2 duced by such facility during 

3 such period; and 

4 ‘‘(BB) based on such aver5 age monthly volume of produc6 tion, determine the estimated 

7 annualized volume of cellulosic 

8 biofuel production for such facil9 ity for the current calendar year; 

10 and 

11 ‘‘(bb) for each cellulosic biofuel 

12 production facility that begins initial 

13 production of (and continues to 

14 produce) cellulosic biofuel after Janu15 ary 1 of the current calendar year— 

16 ‘‘(AA) determine the average 

17 monthly volume of cellulosic 

18 biofuel produced by such facility, 

19 based on the actual volume pro20 duced by such facility during the 

21 period beginning on the date of 

22 initial production of cellulosic 

23 biofuel by the facility and ending 

24 on October 31 of the current cal25 endar year; and 


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•HR 550 IH

1 ‘‘(BB) based on such aver2 age monthly volume of produc3 tion, determine the estimated 

4 annualized volume of cellulosic 

5 biofuel production for such facil6 ity for the current calendar year. 

7 ‘‘(II) An estimate under clause (i) 

8 with respect to the following calendar year 

9 of the projected volume of cellulosic biofuel 

10 production (as described in paragraph 

11 (7)(D)(i)), shall be equal to the total of the 

12 estimated annual volumes of cellulosic 

13 biofuel production for all cellulosic biofuel 

14 production facilities described in subclause 

15 (I) for the current calendar year.’’. 

16 (b) REDUCTION IN APPLICABLE VOLUME.—Section 

17 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 

18 7545(o)(7)(D)(i)) is amended by— 

19 (1) striking ‘‘based on the’’ and inserting 

20 ‘‘using the exact’’; 

21 (2) striking ‘‘may’’ and inserting ‘‘shall’’; and 

22 (3) striking ‘‘by the same or a lesser volume’’ 

23 and inserting ‘‘by the same volume’’. 

Æ 


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