Phantom Fuel Reform Act

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. Short title This Act may be cited as the Phantom Fuel Reform Act 2. Cellulosic biofuel requirement (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) (1) by striking Not later than (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) (1) in the first sentence, by striking based on the using the exact (2) in the second sentence— (A) by striking may shall (B) by striking same or a lesser volume same volume (c) Definition of cellulosic biofuel Section 211(o)(1)(E) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(E) (1) by striking The term (i) In general The term ; and (2) by adding at the end the following: (ii) Exclusions The term cellulosic biofuel (I) a landfill; (II) a municipal wastewater treatment facility digester; (III) an agricultural digester; or (IV) a separated municipal solid waste digester. . (d) Regulation of cellulosic and advanced fuel pathways (1) In general Those provisions of the final rule of the Administrator of the Environmental Protection Agency entitled Regulation of Fuels and Fuel Additives: RFS Pathways II, and Technical Amendments to the RFS Standards and E15 Misfueling Mitigation Requirements 42 U.S.C. 7545(o) (2) Reissuance The Administrator of the Environmental Protection Agency shall reissue the rule described in paragraph (1) to conform the rule to the amendments made by subsection (c). (e) Cellulosic biofuel mandate In section 211(o)(2)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B)(i)

Summary: Phantom Fuel Reform Act&nbsp; - Amends the Clean Air Act to revise the renewable fuel program by requiring the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel to be sold or introduced into commerce in the next year, to determine for each facility producing such biofuel during the current year: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31, and (2) the estimated annualized volume of biofuel production for such facility for the current year based on such average monthly production. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume.