... refiners need four years' notice to begin production preparations.

May 9, 2001

The Energy Information Administration released a report Monday that 
shows the possibility for a tight diesel fuel market in 2006, the 
year new sulfur requirements are to be phased in through a regulation 
adopted in the final days of the Clinton presidency and later 
endorsed by President Bush.

The report, called for last summer by then House Science Committee 
Chairman James Sensenbrenner (R-Wisc.), discusses the implications of 
the new regulation for vehicle fuel efficiency and examines the 
technology, production, distribution and cost implications of 
supplying diesel fuel to meet the new standard. Both short and 
mid-term effects are calculated, a first of its kind analysis in 
examining data year by year from 2006 to 2015, said James Kendell, 
the director of EIA's oil and gas division and the study's manager.

To meet the new standards by 2006, the report says on the supply side 
that some of the current ultra low sulfur diesel (ULSD) producers 
would need to expand production while at least one refinery not 
currently producing the fuel would also need to enter the market. On 
the price side, the 2006 scenario says some refiners may be able to 
produce the fuel at a cost of an additional 2.5 cents per gallon, 
however at the volumes needed to meet demand, costs are estimated to 
be between 5.4 and 6.8 cents per gallon higher. Costs could be 
greater if the supply falls short of demand and consumers start 
bidding up the price.

Between 2007 and 2010, the report shows prices rising an average of 
6.8 cents per gallon. Prices will still be higher between 2011 and 
2015, though at a slightly lesser average of 5.4 cents per gallon.

The diesel rule requires a 97 percent reduction in sulfur content in 
fuels sold for heavy duty trucks and buses, decreasing the 
pollutant's levels from 500 parts per million (ppm) to 15 ppm. The 
ULSD fuel must be retailed by June 1, 2006. According to the 
Environmental Protection Agency, implementing the rule would annually 
reduce 2.6 million tons of smog-causing nitrogen oxide emissions and 
110,000 tons of soot, or particulate matter. It would also prevent an 
estimated 8,300 premature deaths, 5,500 cases of chronic bronchitis 
and 17,600 cases of acute bronchitis in children each year.

A coalition of environmental, state and industry groups has supported 
the rule, including the Alliance of Automobile Manufacturers, 
American Lung Association, Clean Air Network, International Truck and 
Engine Corp., Manufacturers of Emission Controls Association, Natural 
Resources Defense Council, Sierra Club and the State and Territorial 
Air Pollution Program Administrators. Oil company BP Corp., which has 
been marketing low-sulfur diesel in the United States since the 
summer of 1999, has also pledged its support for the rule.

But there has also been criticism. The National Petrochemical 
Refineries Association, American Petroleum Institute, National 
Association of Convenience Stores, Society of Independent Gasoline 
Marketers and the technology group ANTEK all filed suit against the 
rule earlier this year in the U.S. Court of Appeals for the D.C. 
Circuit. Bob Slaughter of NPRA said his organization objects to the 
costs that will come in complying with the rule as well as the time 
frame required for implementation. The uncertainty which the EIA 
report refers to is a "point we've been making during the regulatory 
process and since the rule was made final," he said.

Slaughter said EPA insufficiently studied the costs before adopting 
the rule and that there is still an opportunity for the agency to 
reconsider the standard by allowing a third party, such as the 
National Academy of Sciences, to conduct its own independent review. 
Such a study "must be done expeditiously," Slaughter added, because 
refiners need four years' notice to begin production preparations.

Meanwhile, Frank O'Donnell, executive director of the Clean Air 
Trust, said he is concerned the EIA study will serve as ammunition 
for industry groups, as well as the Bush administration, to undo the 
rule. Pointing to past EIA reports cited by President Bush and Vice 
President Cheney in their decisions to exclude carbon dioxide in any 
mandatory emission caps for power plants and a recent call for a 
massive expansion of energy production facilities, O'Donnell said, 
"It raises real doubts about the Bush administration's intentions 
about the clean diesel standards. Will this lead to yet another 
flip-flop?"

Greg Dana, vice president for environmental affairs at the Alliance 
of Automobile Manufacturers, said the diesel rule should not be 
delayed. Instead, he said his group is petitioning EPA to move up the 
start date for ULSD to 2004, because the fuel allows newly created 
technologies to be used at their cleanest and most efficient. 
Specifically, he said the clean fuel is needed for implementation of 
Tier II standards for light duty trucks and buses.

Reaction to the study was tepid on Capitol Hill, where the 100-page 
study was still being reviewed by key members and their staffs. David 
Goldston, majority chief of staff for the House Science Committee, 
would only say the panel's new chairman, Rep. Sherwood Boehlert 
(R-N.Y.), has long supported the diesel rule. "It's going into 
effect," Goldston said. "There's nothing that needs to be done." 
Sensenbrenner, now chairman of the House Judiciary Committee, was 
traveling back to Washington and could not be reached for comment.


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