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Regulation of Fuels and Fuel Additives: Renewable Fuel Standard ...

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The increased use <strong>of</strong> renewable fuels such as ethanol <strong>and</strong> biodiesel is also expected to<br />

have the added benefit <strong>of</strong> providing an exp<strong>and</strong>ed market for agricultural products such as<br />

corn <strong>and</strong> soybeans. Based on our analysis, there is also an expectation that the exp<strong>and</strong>ed<br />

use <strong>of</strong> renewable fuels will provide reductions in carbon dioxide emissions <strong>and</strong> air toxics<br />

emissions such as benzene from the transportation sector, while other emissions such as<br />

hydrocarbons <strong>and</strong> oxides <strong>of</strong> nitrogen may increase.<br />

The level <strong>of</strong> the renewable fuels st<strong>and</strong>ard set forth by Congress works in<br />

conjunction with other provisions that were enacted as part <strong>of</strong> the Energy Act. In<br />

particular, the level <strong>of</strong> the renewable fuel st<strong>and</strong>ard more than <strong>of</strong>fset the possible loss in<br />

dem<strong>and</strong> for renewable fuels occasioned by the Act’s repeal <strong>of</strong> the oxygen content<br />

m<strong>and</strong>ate in the reformulated gasoline program while allowing greater flexibility in how<br />

renewable fuels were blended into the nation’s fuel supply. The renewable fuel st<strong>and</strong>ard<br />

additionally created a specific annual level for minimum renewable fuel use which<br />

increases over time, ensuring overall growth in the dem<strong>and</strong> <strong>and</strong> opportunity for<br />

renewable fuels.<br />

Because renewable fuels such as ethanol <strong>and</strong> biodiesel are not new to the U.S.<br />

transportation sector, the expansion <strong>of</strong> their use is expected to follow distribution <strong>and</strong><br />

blending practices already in place. For instance, the market already has the necessary<br />

production <strong>and</strong> distribution mechanisms in place in many areas, <strong>and</strong> the ability to exp<strong>and</strong><br />

these mechanisms into new markets. Recent spikes in ethanol use resulting first from the<br />

state MTBE bans, <strong>and</strong> now the virtual elimination <strong>of</strong> MTBE from the marketplace, have<br />

tested the limits <strong>of</strong> the ethanol distribution system. However, future growth is expected<br />

to move in a more orderly fashion since the use <strong>of</strong> renewable fuels will not be<br />

geographically constrained <strong>and</strong>, given EIA volume projections, investment decisions can<br />

follow market forces rather than regulatory m<strong>and</strong>ates. In addition, the increased<br />

production volumes <strong>of</strong> ethanol <strong>and</strong> the exp<strong>and</strong>ed penetration <strong>of</strong> ethanol in new markets<br />

may create new opportunities for blending <strong>of</strong> E85, a blend <strong>of</strong> 85 percent ethanol <strong>and</strong> 15<br />

percent gasoline, in the long run. The increased availability <strong>of</strong> E85 will mean that more<br />

flexible fueled vehicles (FFV) can use this fuel. Of the approximately 5 million FFVs<br />

currently in use in the U.S, most are currently fueled with conventional gasoline rather<br />

than E85, in part due to the limited availability <strong>of</strong> E85.<br />

Given the ever-increasing dem<strong>and</strong> for petroleum-based products in the<br />

transportation sector, the RFS program is an important first step in U.S. efforts to move<br />

toward energy independence. The RFS st<strong>and</strong>ard provides the certainty that at least a<br />

minimum amount <strong>of</strong> renewable fuel will be used in the U.S., which in turn provides<br />

investment certainty for the growth in production capacity <strong>of</strong> renewable fuels. However,<br />

the RFS program is not the only thing impacting dem<strong>and</strong> for ethanol <strong>and</strong> other renewable<br />

fuels. As Congress was developing the RFS program in the Energy Act, several large<br />

states were adopting <strong>and</strong> implementing bans on the use <strong>of</strong> MTBE in gasoline. As a<br />

result, refiners were forced to switch to ethanol to satisfy the oxygen content m<strong>and</strong>ate for<br />

their reformulated gasoline in the U.S., causing a large, quick increase in dem<strong>and</strong> for<br />

ethanol. Even more importantly, with the removal <strong>of</strong> the oxygen content m<strong>and</strong>ate for<br />

RFG, refiners elected to remove essentially all MTBE from the gasoline supply in the<br />

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