II 

113TH CONGRESS 

1ST SESSION S. 251 

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 SENATE OF THE UNITED STATES 

FEBRUARY 7, 2013 

Mr. FLAKE (for himself, Mr. CRAPO, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee 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 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’’. 


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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 striking ‘‘Not later than’’ and inserting 

7 the following: 

8 ‘‘(i) IN GENERAL.—Not later than’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(ii) ESTIMATION METHOD.— 

12 ‘‘(I) IN GENERAL.—In deter13 mining any estimate under clause (i), 

14 with respect to the following calendar 

15 year, of the projected volume of cellu16 losic biofuel production (as described 

17 in paragraph (7)(D)(i)), the Adminis18 trator of the Energy Information Ad19 ministration shall— 

20 ‘‘(aa) for each cellulosic 

21 biofuel production facility that is 

22 producing (and continues to 

23 produce) cellulosic biofuel during 

24 the period of January 1 through 

25 October 31 of the calendar year 

26 in which the estimate is made (in 


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1 this clause referred to as the 

2 ‘current calendar year’)— 

3 ‘‘(AA) determine the 

4 average monthly volume of 

5 cellulosic biofuel produced 

6 by such facility, based on 

7 the actual volume produced 

8 by such facility during such 

9 period; and 

10 ‘‘(BB) based on such 

11 average monthly volume of 

12 production, determine the 

13 estimated annualized volume 

14 of cellulosic biofuel produc15 tion for such facility for the 

16 current calendar year; and 

17 ‘‘(bb) for each cellulosic 

18 biofuel production facility that 

19 begins initial production of (and 

20 continues to produce) cellulosic 

21 biofuel after January 1 of the 

22 current calendar year— 

23 ‘‘(AA) determine the 

24 average monthly volume of 

25 cellulosic biofuel produced 


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1 by such facility, based on 

2 the actual volume produced 

3 by such facility during the 

4 period beginning on the date 

5 of initial production of cellu6 losic biofuel by the facility 

7 and ending on October 31 of 

8 the current calendar year; 

9 and 

10 ‘‘(BB) based on such 

11 average monthly volume of 

12 production, determine the 

13 estimated annualized volume 

14 of cellulosic biofuel produc15 tion for such facility for the 

16 current calendar year. 

17 ‘‘(II) TOTAL PRODUCTION.—An 

18 estimate under clause (i) with respect 

19 to the following calendar year of the 

20 projected volume of cellulosic biofuel 

21 production (as described in paragraph 

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

23 of the estimated annual volumes of 

24 cellulosic biofuel production for all cel25 lulosic biofuel production facilities deVerDate Mar 15 2010 22:29 Feb 19, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S251.IS S251

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1 scribed in subclause (I) for the cur2 rent calendar year.’’. 

3 (b) REDUCTION IN APPLICABLE VOLUME.—Section 

4 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 

5 7545(o)(7)(D)(i)) is amended by— 

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

7 ‘‘using the exact’’; 

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

9 (3) striking ‘‘same or a lesser volume’’ and in10 serting ‘‘same volume’’. 

Æ 


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