II 

114TH CONGRESS 

1ST SESSION S. 934 

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, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2015 

Mr. FLAKE (for himself and Mr. CRAPO) 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, and for 

other purposes. 

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. 

2 (a) PROVISION OF ESTIMATE OF VOLUMES OF CEL3 LULOSIC BIOFUEL.—Section 211(o)(3)(A) of the Clean 

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

5 (1) by striking ‘‘Not later than’’ and inserting 

6 the following: 

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

8 and 

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

10 ‘‘(ii) ESTIMATION METHOD.— 

11 ‘‘(I) IN GENERAL.—In deter12 mining any estimate under clause (i), 

13 with respect to the following calendar 

14 year, of the projected volume of cellu15 losic biofuel production (as described 

16 in paragraph (7)(D)(i)), the Adminis17 trator of the Energy Information Ad18 ministration shall— 

19 ‘‘(aa) for each cellulosic 

20 biofuel production facility that is 

21 producing (and continues to 

22 produce) cellulosic biofuel during 

23 the period of January 1 through 

24 October 31 of the calendar year 

25 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 Sep 11 2014 03:51 Apr 17, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S934.IS S934

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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— 

6 (1) in the first sentence, by striking ‘‘based on 

7 the’’ and inserting ‘‘using the exact’’; and 

8 (2) in the second sentence— 

9 (A) by striking ‘‘may’’ and inserting 

10 ‘‘shall’’; and 

11 (B) by striking ‘‘same or a lesser volume’’ 

12 and inserting ‘‘same volume’’. 

13 (c) DEFINITION OF CELLULOSIC BIOFUEL.—Section 

14 211(o)(1)(E) of the Clean Air Act (42 U.S.C. 

15 7545(o)(1)(E)) is amended— 

16 (1) by striking ‘‘The term’’ and inserting the 

17 following: 

18 ‘‘(i) IN GENERAL.—The term’’; and 

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

20 ‘‘(ii) EXCLUSIONS.—The term ‘cellu21 losic biofuel’ does not include any com22 pressed natural gas, liquefied natural gas, 

23 or electricity used to power electric vehicles 

24 that is produced from biogas from— 

25 ‘‘(I) a landfill; 


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1 ‘‘(II) a municipal wastewater 

2 treatment facility digester; 

3 ‘‘(III) an agricultural digester; or 

4 ‘‘(IV) a separated municipal solid 

5 waste digester.’’. 

6 (d) REGULATION OF CELLULOSIC AND ADVANCED

7 FUEL PATHWAYS.— 

8 (1) IN GENERAL.—Those provisions of the final 

9 rule of the Administrator of the Environmental Pro10 tection Agency entitled ‘‘Regulation of Fuels and 

11 Fuel Additives: RFS Pathways II, and Technical 

12 Amendments to the RFS Standards and E15 

13 Misfueling Mitigation Requirements’’ (79 Fed. Reg. 

14 42128 (July 18, 2014)) relating to existing and new 

15 cellulosic biofuel pathways under the renewable fuel 

16 standard under section 211(o) of the Clean Air Act 

17 (42 U.S.C. 7545(o)) and that conflict with the 

18 amendments made by subsection (c) shall have no 

19 force or effect. 

20 (2) REISSUANCE.—The Administrator of the 

21 Environmental Protection Agency shall reissue the 

22 rule described in paragraph (1) to conform the rule 

23 to the amendments made by subsection (c). 

24 (e) CELLULOSIC BIOFUEL MANDATE.—In section 

25 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 


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1 7545(o)(2)(B)(i)), in the table following subclause (III), 

2 strike the applicable volume of cellulosic biofuel (in billions 

3 of gallons) relating to calendar year 2014. 

Æ 


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