H.R. 4849 – Reading Mode

113th CONGRESS

2d Session

H. R. 4849

IN THE HOUSE OF REPRESENTATIVES

June 12, 2014

Mr. Lankford introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Clean Air Act to allow advanced biofuel, biomass-based diesel, and cellulosic biofuel to satisfy the mandates of the renewable fuel program only if domestically produced, to eliminate the corn ethanol mandate under such program, and for other purposes.

Short title

This Act may be cited as the Phantom Fuels Elimination Act of 2014.

Advanced biofuel, biomass-based diesel, and cellulosic biofuel required To be produced in the United States To satisfy renewable fuel program mandates

(a)

Advanced biofuel

Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking that has lifecycle and inserting that is produced in the United States and has lifecycle.

(b)

Biomass-Based diesel

Section 211(o)(1)(D) of the Clean Air Act (42 U.S.C. 7545(o)(1)(D)) is amended—

(1)

in the first sentence, by striking that is biodiesel and inserting that is produced in the United States and is biodiesel; and

(2)

in the second sentence, by striking renewable fuel derived from and inserting renewable fuel that is produced in the United States and derived from.

(c)

Cellulosic biofuel

Section 211(o)(1)(E) of the Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amended—

(1)

by striking renewable fuel derived from and inserting renewable fuel that is produced in the United States, that is derived from; and

(2)

by inserting a comma after from renewable biomass.

(d)

Waivers for reduction of applicable volume in case of inadequate supply

(1)

Advanced biofuel

Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding at the end the following:

(G)

Advanced biofuel

For any calendar year for which the projected volume of advanced biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of advanced biofuel required under paragraph (2)(B) to the projected volume available during that calendar year.

(2)

Biomass-based diesel

Section 211(o)(7)(E) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)) is amended by adding at the end the following:

(iv)

Inadequate supply

For any calendar year for which the projected volume of biomass-based diesel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of biomass-based diesel production required under paragraph (2)(B) to the projected volume available during that calendar year.

(3)

Estimate of volumes

Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended by inserting advanced biofuel, before biomass-based diesel.

Elimination of corn ethanol mandate for renewable fuel

(a)

In general

Section 211(o)(2)(A)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(A)(i)) is amended by striking renewable fuel, after contains at least the applicable volume of.

(b)

Removal of table

Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended by striking subclause (I).

(c)

Conforming amendments

Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended—

(1)

in clause (i)—

(A)

by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively;

(B)

in subclause (I) (as so redesignated), by striking of the volume of renewable fuel required under subclause (I),; and

(C)

in subclauses (II) and (III) (as so redesignated), by striking subclause (II) each place it appears and inserting subclause (I);

(2)

by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and

(3)

in clause (iv), as so redesignated, by striking clause (i)(IV) and inserting clause (i)(III).

(d)

Administration

Nothing in this section or the amendments made by this section affects the volumes of advanced biofuel, cellulosic biofuel, or biomass-based diesel that are required under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) (as in effect on the day before the date of enactment of this Act).

(e)

Regulations

Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate such regulations as are necessary to carry out the amendments made by this section.

(f)

Effective date

The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.