Kimberley Strassel:
For a glimpse at the secret, special-favors factory that Washington has become under President Obama, check out this week’s big news out of the Environmental Protection Agency. Or rather, look beyond the headlines to the corporate handout hidden within.
The big news was that the EPA issued—finally—its infamous annual quota for renewable fuels. That mandate tells the nation’s refineries how much renewable fuel (ethanol) must be blended annually into gasoline, a quota that is becoming a pernicious driver of gas prices. The EPA was supposed to release the 2013 quota last November but decided to leave the industry in panicked uncertainty until now.
The 89-page rule is dull reading, until you get to page 11. Tucked on that page is one short sentence, which reads: “EPA has approved a single small refinery/small refiner exemption for 2013, so an adjustment has been made to the standards to account for this exemption.” In English: Of the nation’s 143 refineries, one (and only one) lucky player somehow had the pull to win itself a free pass from this government burden. Not only that, the rest of the industry gets to pick up its slack.
An exemption is no small privilege. Congress, in its limited wisdom (and fealty to corn farmers), passed legislation in 2007 requiring that the U.S. use of renewable fuels increase to 36 billion gallons annually by 2022. This year’s EPA quota is 16.5 billion gallons, and the requirements keep ratcheting up even though U.S. gasoline use is falling.
This matters because for refineries to stuff ballooning amounts of ethanol into a static gas pool, they must blend it at levels of more than 10%. Since the nation’s auto makers have declared they will void the warranties of cars using gas with more than 10% ethanol, refineries face lawsuits. Most have instead turned to buying federal renewable “credits” to make up for the ethanol they don’t blend.
As demand for these credits skyrockets, so has the price—jumping from a few pennies a gallon last year to close to $1 a gallon today. Oil refiner Valero has said the credits could raise its cost by a stunning $750 million this year, a hit that will be passed on to consumers. PBF Energy just told investors that its disappointing second-quarter earnings were rooted in the mandate, noting that the $200 million it expects to fork over for ethanol credits this year will exceed the salaries and wages that it pays to operate all three of its refineries.
Some refineries are lowering production simply to mitigate the credit costs. Others are beginning to export products to avoid the mandate. Both moves could tighten U.S. supplies and lead to higher prices at the pump. Most every refinery is hurt by this rule.
So an exemption from today’s mandate is far more than a perk—it is a lifeline, an outright payday. Making this indulgence even more curious is that it is being issued by the Obama EPA, an agency that isn’t exactly known for doing favors for beastly carbon producers.
What happens with engines that are not designed for 10% ethanol? In some cases it damages plastics and rubber that were not designed for such high levels of ethanol. It is not fun when the rubber fuel line supply to your carburetor turns soft, pliable and bursts, dumping gasoline all over your engine (hopefully it wont catch fire). Nor is it fun to have to rebuild the fuel mixture component because the plastics inside disintegrate. What is worse is when you’re driving an older RV or school bus on curvy mountain roads or way out in some rural location and you experience fuel supply system failure thanks to the damage caused by high ethanol content.