S.Amdt. 1140
What it does: Adds Subtitle D--Renewable Fuel Standard Reform SEC. 12301. DEFINITION OF RENEWABLE FUEL at the end of title XII
Sen. Saxby Chambliss (R-GA)What it changes
1 change to S. 954 · shown in the bill's text
Adds Subtitle D--Renewable Fuel Standard Reform SEC. 12301. DEFINITION OF RENEWABLE FUEL at the end of title XII
Adds a sectionIn S. 954 · Placed on Calendar Senate
(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2014 through 2019.
Inserted: Subtitle D--Renewable Fuel Standard Reform SEC. 12301. DEFINITION OF RENEWABLE FUEL.
Inserted: (a) Definition of Renewable Fuel.--
Inserted: (1) In general.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (J) and inserting the following:
Inserted: "(J) Renewable fuel.--The term 'renewable fuel' means fuel that--
Inserted: "(i) is produced from renewable biomass;
Inserted: "(ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and
Inserted: "(iii) beginning on January 1, 2014, is advanced biofuel.".
Inserted: (2) Conforming amendment.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking "renewable fuel" and inserting "fuel described in clauses (i) and (ii) of subparagraph (J)".
Inserted: (b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended--
Inserted: (1) in the table in subclause (I)--
Inserted: (A) by striking "18.15" and inserting "3.75";
Inserted: (B) by striking "20.5" and inserting "5.5";
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Inserted: (C) by striking "22.25" and inserting "7.25";
Inserted: (D) by striking "24.0" and inserting "9.0";
Inserted: (E) by striking "26.0" and inserting "11.0";
Inserted: (F) by striking "28.0" and inserting "13.0";
Inserted: (G) by striking "30.0" and inserting "15.0";
Inserted: (H) by striking "33.0" and inserting "18.0"; and
Inserted: (I) by striking "36.0" and inserting "21.0";
Inserted: (2) in subclause (II)--
Inserted: (A) in the matter preceding the table, by striking "2022" and inserting "2013"; and
Inserted: (B) in the table, by striking the items relating to calendars years 2014 through 2022;
Inserted: (3) in subclause (III), in the matter preceding the table, by striking "of the volume of advanced biofuel required under subclause (II)" and inserting "of the volume of advanced biofuel required for calendar years 2010 through 2013 under subclause (II), as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I)"; and
Inserted: (4) in subclause (IV), by inserting ", as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013" after "of the volume of advanced biofuel required under subclause (II)".
Inserted: (c) Conforming Amendments.--
Inserted: (1) Other calendar years.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
Inserted: (A) in clause (ii)(III), by striking "advanced biofuels in each category (cellulosic biofuel and biomass-based diesel)" and inserting "cellulosic biofuel and biomass-based diesel";
Inserted: (B) by striking clause (iii); and
Inserted: (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively.
Inserted: (2) Applicable percent reduction level.--Section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended--
Inserted: (A) in subparagraph (E), in the second sentence, by striking "20, 50, or 60 percent reduction levels" and inserting "applicable percent reduction level"; and
Inserted: (B) in subparagraph (F), by inserting "(if applicable)" after "(2)(A)(i)".
Inserted: (3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
Inserted: (A) in subparagraph (D)(i), in the second sentence, by inserting ", if that year is before 2014," before "advanced biofuels"; and
Inserted: (B) in subparagraph (E)(ii), in the second sentence, by inserting ", if that year is before 2014," before "advanced biofuels".
Inserted: SEC. 12302. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.
Inserted: (a) Provision of Estimate of Volumes of Cellulosic Biofuel.--Section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended--
Inserted: (1) in subparagraph (A), by striking "Not later than" and inserting the following:
Inserted: "(i) In general.--Not later than"; and
Inserted: (2) by adding at the end the following:
Inserted: "(ii) Requirements.--
Inserted: "(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--
Inserted: "(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')--
Inserted: "(AA) determine the average monthly volume of cellulosic biofuel produced by the facility, based on the actual volume produced by such facility during the period; and
Inserted: "(BB) based on that average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for the facility for the current calendar year; and
Inserted: "(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--
Inserted: "(AA) determine the average monthly volume of cellulosic biofuel produced by the facility, based on the actual volume produced by the 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
Inserted: "(BB) based on that average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for the facility for the current calendar year.
Inserted: "(II) Calculation.--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.".
Inserted: (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)) (as amended by section 12301(c)(3)(A)) is amended--
Inserted: (1) in the first sentence, by striking "based on the" and inserting "using the exact"; and
Inserted: (2) in the second sentence--
Inserted: (A) by striking "may also reduce" and inserting "shall also reduce"; and
Inserted: (B) by striking "by the same or a lesser volume" and inserting "by the same volume".
Inserted: SEC. 12303. REDUCTION IN APPLICABLE VOLUME OF RENEWABLE FUEL CORRESPONDING TO CERTAIN REDUCTIONS IN APPLICABLE VOLUME OF BIOMASS-BASED DIESEL.
Inserted: Section 211(o)(7)(E)(ii) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)(ii)) (as amended by section 12301(c)(3)(B)) is amended in the second sentence by striking "may also reduce" and inserting "shall reduce".
Inserted: SEC. 12304. APPLICABILITY AND REGULATIONS.
Inserted: (a) In General.--Except as provided in subsection (b), the amendments made by sections 12301 through 12303 to section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar year 2014 and each calendar year thereafter.
Inserted: (b) Regulations.--The Administrator of the Environmental Protection Agency shall--
Inserted: (1) not later than 1 year after the date of enactment of this Act, promulgate regulations to carry out the amendments described in subsection (a); and
Inserted: (2) take any steps necessary to ensure those amendments are carried out for calendar year 2014 and each calendar year thereafter.
Inserted: SEC. 12305. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-PERCENT ETHANOL.
Inserted: Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol.
Inserted: SEC. 12306. PROHIBITION OF WAIVERS.
Inserted: (a) In General.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect.
Inserted: (b) Certain Waivers.--The waivers described in subsection (a) include the following:
Inserted: (1) The waiver entitled, "Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator", 75 Fed. Reg. 68094 (November 4, 2010).
Inserted: (2) The waiver entitled, "Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator", 76 Fed. Reg. 4662 (January 26, 2011).
Inserted: SEC. 12307. MISFUELING RULE.
Inserted: The portions of the rule entitled, "Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs", 76 Fed. Reg. 44406 (July 25, 2011) to mitigate misfueling shall have no force and effect beginning on the date that is 60 days after the date of enactment of this Act.
Original wording
At the end of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1140. Mr. CHAMBLISS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle D--Renewable Fuel Standard Reform SEC. 12301. DEFINITION OF RENEWABLE FUEL.
(a) Definition of Renewable Fuel.--
(1) In general.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (J) and inserting the following:
“(J) Renewable fuel.--The term ‘renewable fuel' means fuel that--
“(i) is produced from renewable biomass;
“(ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and
“(iii) beginning on January 1, 2014, is advanced biofuel.”.
(2) Conforming amendment.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking “renewable fuel” and inserting “fuel described in clauses (i) and (ii) of subparagraph (J)”.
(b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended--
(1) in the table in subclause (I)--
(A) by striking “18.15” and inserting “3.75”;
(B) by striking “20.5” and inserting “5.5”;
(C) by striking “22.25” and inserting “7.25”;
(D) by striking “24.0” and inserting “9.0”;
(E) by striking “26.0” and inserting “11.0”;
(F) by striking “28.0” and inserting “13.0”;
(G) by striking “30.0” and inserting “15.0”;
(H) by striking “33.0” and inserting “18.0”; and
(I) by striking “36.0” and inserting “21.0”;
(2) in subclause (II)--
(A) in the matter preceding the table, by striking “2022” and inserting “2013”; and
(B) in the table, by striking the items relating to calendars years 2014 through 2022;
(3) in subclause (III), in the matter preceding the table, by striking “of the volume of advanced biofuel required under subclause (II)” and inserting “of the volume of advanced biofuel required for calendar years 2010 through 2013 under subclause (II), as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I)”; and
(4) in subclause (IV), by inserting “, as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013” after “of the volume of advanced biofuel required under subclause (II)”.
(c) Conforming Amendments.--
(1) Other calendar years.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
(A) in clause (ii)(III), by striking “advanced biofuels in each category (cellulosic biofuel and biomass-based diesel)” and inserting “cellulosic biofuel and biomass-based diesel”;
(B) by striking clause (iii); and
(C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively.
(2) Applicable percent reduction level.--Section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended--
(A) in subparagraph (E), in the second sentence, by striking “20, 50, or 60 percent reduction levels” and inserting “applicable percent reduction level”; and
(B) in subparagraph (F), by inserting “(if applicable)” after “(2)(A)(i)”.
(3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (D)(i), in the second sentence, by inserting “, if that year is before 2014,” before “advanced biofuels”; and
(B) in subparagraph (E)(ii), in the second sentence, by inserting “, if that year is before 2014,” before “advanced biofuels”.
SEC. 12302. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION.
(a) Provision of Estimate of Volumes of Cellulosic Biofuel.--Section 211(o)(3) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended--
(1) in subparagraph (A), by striking “Not later than” and inserting the following:
“(i) In general.--Not later than”; and
(2) by adding at the end the following:
“(ii) Requirements.--
“(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 the facility, based on the actual volume produced by such facility during the period; and
“(BB) based on that average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for the 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 the facility, based on the actual volume produced by the 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 that average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for the facility for the current calendar year.
“(II) Calculation.--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)) (as amended by section 12301(c)(3)(A)) is amended--
(1) in the first sentence, by striking “based on the” and inserting “using the exact”; and
(2) in the second sentence--
(A) by striking “may also reduce” and inserting “shall also reduce”; and
(B) by striking “by the same or a lesser volume” and inserting “by the same volume”.
SEC. 12303. REDUCTION IN APPLICABLE VOLUME OF RENEWABLE FUEL CORRESPONDING TO CERTAIN REDUCTIONS IN APPLICABLE VOLUME OF BIOMASS-BASED DIESEL.
Section 211(o)(7)(E)(ii) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)(ii)) (as amended by section 12301(c)(3)(B)) is amended in the second sentence by striking “may also reduce” and inserting “shall reduce”.
SEC. 12304. APPLICABILITY AND REGULATIONS.
(a) In General.--Except as provided in subsection (b), the amendments made by sections 12301 through 12303 to section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar year 2014 and each calendar year thereafter.
(b) Regulations.--The Administrator of the Environmental Protection Agency shall--
(1) not later than 1 year after the date of enactment of this Act, promulgate regulations to carry out the amendments described in subsection (a); and
(2) take any steps necessary to ensure those amendments are carried out for calendar year 2014 and each calendar year thereafter.
SEC. 12305. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME-PERCENT ETHANOL.
Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol.
SEC. 12306. PROHIBITION OF WAIVERS.
(a) In General.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect.
(b) Certain Waivers.--The waivers described in subsection (a) include the following:
(1) The waiver entitled, “Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator”, 75 Fed. Reg. 68094 (November 4, 2010).
(2) The waiver entitled, “Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator”, 76 Fed. Reg. 4662 (January 26, 2011).
SEC. 12307. MISFUELING RULE.
The portions of the rule entitled, “Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs”, 76 Fed. Reg. 44406 (July 25, 2011) to mitigate misfueling shall have no force and effect beginning on the date that is 60 days after the date of enactment of this Act.
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Senate amendment submitted
May 23, 2013