I 
112TH CONGRESS 
2D SESSION 
H. R. 6047 
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 
JUNE 28, 2012 
Mr. FLAKE 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Phantom Fuel Reform 
Act of 2012’’. 
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SEC. 2. CELLULOSIC BIOFUEL REQUIREMENT BASED ON 
ACTUAL PRODUCTION. 
(a) PROVISION OF ESTIMATE OF VOLUMES OF CEL-
LULOSIC BIOFUEL.—Section 211(o)(3)(A) of the Clean 
Air Act (42 U.S.C. 7545(o)(3)(A)) is amended— 
(1) by inserting ‘‘(i)’’ before ‘‘Not later than’’; 
and 
(2) by adding at the end the following new 
clause: 
‘‘(ii)(I) 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 In-
formation 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, 
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based on the actual volume pro-
duced by such facility during 
such period; and 
‘‘(BB) based on such aver-
age monthly volume of produc-
tion, determine the estimated 
annualized volume of cellulosic 
biofuel production for such facil-
ity 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 Janu-
ary 1 of the current calendar year— 
‘‘(AA) determine the average 
monthly 
volume 
of 
cellulosic 
biofuel produced by such facility, 
based on the actual volume pro-
duced 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 cal-
endar year; and 
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‘‘(BB) based on such aver-
age monthly volume of produc-
tion, determine the estimated 
annualized volume of cellulosic 
biofuel production for such facil-
ity for the current calendar year. 
‘‘(II) 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 by— 
(1) striking ‘‘based on the’’ and inserting 
‘‘using the exact’’; 
(2) striking ‘‘may’’ and inserting ‘‘shall’’; and 
(3) striking ‘‘by the same or a lesser volume’’ 
and inserting ‘‘by the same volume’’. 
Æ 
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