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NPRA

National Petrochemical and Refiners Assocation

Transportation Fuels

RFS/Biofuels Mandates

NPRA News Releases
NPRA Fact Sheets
NPRA Testimony
NPRA Agency Comments

Current federal and state renewable fuel standards (RFS) and biofuel requirements include a number of various ethanol and biodiesel mandates.

The Energy Independence & Security Act (EISA) became law in December 2007.  Among its many provisions, EISA increases the mandated nationwide use of biofuels to 36 billion gallons in 2022, and establishes an “advanced biofuel” subset of the RFS beginning in 2009 that includes mandates for the use of cellulosic biofuel, biomass-based diesel, and other nonconventional biofuels.  The Agency has implemented the 11.1 billion gallon requirement for 2009 in EISA (73 FR 70643; 11/21/08) using the original regulatory framework (72 FR 23900, 5/1/07; revised 73 FR 57248, 10/2/08; 73 FR 71940, 11/26/08; 74 FR 29948, 6/24/09).  EPA released the RFS2 final rule on 2/3/10 to implement the RFS2 provisions in EISA; it was published at 75 FR 14670 (3/26/10).

Ethanol is currently used in about 75% of U.S. gasoline, and NPRA recognizes that biofuels will continue to be a strong and growing component of the nation’s transportation fuel mix.  However, the current federal biofuels mandate presents significant challenges, including concerns that the vast majority of our nation’s vehicle fleet is not equipped to use gasoline with an ethanol content greater than ten percent (E-10).

NPRA maintains that while biofuels are an important part of our nation’s fuel mix, the production and use of biofuels should be determined by the free market, not through government mandates.  So long as sound, open and free marketplace dynamics and discipline are ignored through imposition of artificial and inefficient mandates, distortion of basic economic realities will continue.  Additionally, the current and expanding patchwork of state biofuels mandates will have negative consequences for the motor fuel supply and will interfere with the smooth implementation of the federal Renewable Fuel Standard. 

NPRA’s members are dedicated to working cooperatively with government at all levels in implementing the current Renewable Fuels Standard to the extent possible.  However, NPRA advocates an RFS program that is understandable, allows unambiguous enforcement, promotes adequate flexibility for refiners and gasoline importers, and is developed with a full realization of its impact on energy supplies and potential unintended negative environmental and economic consequences.  NPRA further believes that regulations should not be structured in a manner that would alter the current transportation fuels supply, distribution, or infrastructure system.