1. Short title
This Act may be cited as the “Phantom Fuels Elimination Act of 2014”.
Phantom Fuels Elimination Act of 2014
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.
2. Advanced biofuel, biomass-based diesel, and cellulosic biofuel required To be produced in the United States To satisfy renewable fuel program mandates
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”.
Biomass-Based diesel— Section 211(o)(1)(D) of the Clean Air Act (42 U.S.C. 7545(o)(1)(D)) is amended—
in the first sentence, by striking “that is biodiesel” and inserting “that is produced in the United States and is biodiesel”; and
in the second sentence, by striking “renewable fuel derived from” and inserting “renewable fuel that is produced in the United States and derived from”.
by striking “renewable fuel derived from” and inserting “renewable fuel that is produced in the United States, that is derived from”; and
by inserting a comma after “from renewable biomass”.
Waivers for reduction of applicable volume in case of inadequate supply—
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.”
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.”
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”.
3. Elimination of corn ethanol mandate for renewable fuel
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”.
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).
Conforming amendments— Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended—
in clause (i)—
by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively;
in subclause (I) (as so redesignated), by striking “of the volume of renewable fuel required under subclause (I),”; and
in subclauses (II) and (III) (as so redesignated), by striking “subclause (II)” each place it appears and inserting “subclause (I)”;
by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and
in clause (iv), as so redesignated, by striking “clause (i)(IV)” and inserting “clause (i)(III)”.
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).
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.
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.