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

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I. Background<br />

This section describes the required elements <strong>of</strong> the renewable fuel program, also<br />

known as the <strong>Renewable</strong> <strong>Fuel</strong> St<strong>and</strong>ard (RFS) program, as stipulated in Section 211(o) <strong>of</strong><br />

the Clean Air Act (CAA) as amended by the Energy Policy Act <strong>of</strong> 2005 (the Energy Act<br />

or the Act).<br />

A. The Role Of <strong>Renewable</strong> <strong><strong>Fuel</strong>s</strong> In The Transportation Sector<br />

<strong>Renewable</strong> fuels have been an important part <strong>of</strong> our nation’s transportation fuel<br />

supply for many years. Following the CAA amendments <strong>of</strong> 1990, the use <strong>of</strong> renewables<br />

fuels, particularly ethanol, increased dramatically. Several key clean fuel programs<br />

required by the CAA established new market opportunities for ethanol. A very<br />

successful mobile source control strategy, the reformulated gasoline (RFG) program, was<br />

implemented in 1995. This program set stringent new controls on the emissions<br />

performance <strong>of</strong> gasoline, which were designed to significantly reduce summertime ozone<br />

precursors <strong>and</strong> year round air toxics emissions. The RFG program also required that<br />

RFG meet an oxygen content st<strong>and</strong>ard. Several areas <strong>of</strong> the country began blending<br />

ethanol into gasoline to help meet this new st<strong>and</strong>ard, such as Chicago <strong>and</strong> St. Louis.<br />

Another successful clean fuel strategy required certain areas exceeding the national<br />

ambient air quality st<strong>and</strong>ard for carbon monoxide to also meet an oxygen content<br />

st<strong>and</strong>ard during the winter time to reduce harmful carbon monoxide emissions. Many <strong>of</strong><br />

these areas also blended ethanol during the winter months to help meet this new st<strong>and</strong>ard,<br />

such as Denver <strong>and</strong> Phoenix. As a result <strong>of</strong> these programs, <strong>and</strong> other factors, currently<br />

all areas requiring RFG or winter oxygenated fuels are blending ethanol at some level to<br />

support meeting the clean fuel requirements.<br />

Today, the role <strong>and</strong> importance <strong>of</strong> renewable fuels in the transportation sector<br />

continues to exp<strong>and</strong>. In the past several years as crude oil prices have soared above the<br />

lower levels <strong>of</strong> the 1990's, the relative economics <strong>of</strong> renewable fuel use has improved<br />

dramatically. In addition, since the vast majority <strong>of</strong> crude oil produced in or imported<br />

into the U.S. is consumed as gasoline or diesel fuel in the U.S., concerns about our<br />

dependence on foreign sources <strong>of</strong> crude oil has renewed interest in renewable<br />

transportation fuels. The passage <strong>of</strong> the Energy Policy Act <strong>of</strong> 2005 demonstrated a<br />

strong commitment on the part <strong>of</strong> US policymakers to consider additional means <strong>of</strong><br />

supporting renewable fuels as a supplement to petroleum-based fuels in the transportation<br />

sector. The RFS program is such a program.<br />

The RFS program was debated by the U.S. Congress over several years before<br />

finally being enacted through passage <strong>of</strong> the Energy Policy Act <strong>of</strong> 2005. The RFS<br />

program is first <strong>and</strong> foremost designed to increase the use <strong>of</strong> renewable fuels in motor<br />

vehicle fuels consumed in the U.S. In this context, it is expected to simultaneously<br />

reduce dependence on foreign sources <strong>of</strong> petroleum, increase domestic sources <strong>of</strong> energy,<br />

<strong>and</strong> diversify our energy portfolio to help in moving beyond a petroleum-based economy.<br />

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