Alternative Fuels and Advanced Technology
Vehicles: Issues in Congress
Brent D. Yacobucci
Section Research Manager
January 19, 2012
Congressional Research Service
7-5700
www.crs.gov
R40168
CRS Report for Congress
Pr
epared for Members and Committees of Congress
Alternative Fuels and Advanced Technology Vehicles: Issues in Congress
Summary
Alternative fuels and advanced technology vehicles are seen by proponents as integral to
improving urban air quality, decreasing dependence on foreign oil, and reducing emissions of
greenhouse gases. However, major barriers—especially economics—currently prevent the
widespread use of these fuels and technologies. Because of these barriers, and the potential
benefits, there is continued congressional interest in providing incentives and other support for
their development and commercialization.
Key tax incentives for the use of ethanol and biomass-based diesel fuels expired at the end of
2011, along with an added duty on certain ethanol imports. Tax incentives for biofuels (including
ethanol) produced from cellulosic feedstocks (e.g., grasses, trees, waste products) expire at the
end of 2012.
While tax incentives for these fuels have expired or are expiring, a mandate to use biofuels in
transportation that was expanded by the Energy Independence and Security Act of 2007 (EISA,
P.L. 110-140) is set to increase yearly through 2022. On February 3, 2010, the Environmental
Protection Agency (EPA) finalized new rules for this mandate—the Renewable Fuel Standard
(RFS). In 2011, the RFS required the use of 13.95 billion gallons of ethanol and other biofuels in
transportation fuel. Within that mandate, the RFS required the use of 1.35 billion gallons of
advanced biofuels, including 6.6 million gallons of cellulosic biofuels. For 2012, the RFS
mandate is 15.2 billion gallons, including 8.65 million gallons of cellulosic fuel. EISA also
requires that advanced biofuels (as well as conventional biofuels from newly built refineries)
meet certain lifecycle greenhouse gas reduction requirements. EPA’s methodology and
conclusions on various biofuels’ lifecycle emissions have been controversial.
In January 2011, EPA finalized a partial waiver petition from Growth Energy to allow blends of
up to 15% ethanol in gasoline (E15): before then ethanol content in all gasoline was limited to
10% (E10). EPA approved the use of E15 in model year 2001 and later passenger cars and light
trucks, but prohibited its use in all other applications (e.g., motorcycles, heavy trucks, nonroad
engines). Allowing higher blends of ethanol under the Clean Air Act removes one component of
the “blend wall,” which limits the total amount of ethanol that can be blended in gasoline
nationwide; other blend wall components include vehicle and pump certification and warranties,
and state and local fire codes and other laws.
Attention has also focused on government-backed loans for the development and deployment of
new energy technologies. One such program, the Advanced Technology Vehicles Manufacturing
(ATVM) Loan Program, has been controversial as some critics question whether other existing
policies, such as stricter vehicle fuel economy standards, already promote the same technologies.
The 112th Congress has debated alternative fuels and advanced technology vehicles directly and
as it has addressed other key topics. For example, the role of tax incentives for biofuels has been
contentious. On June 16, 2011 the Senate approved S.Amdt. 476 which would have eliminated
the excise tax credit for blending ethanol in gasoline before its December 31, 2011 expiration
date. Although the underlying legislation failed a cloture vote in the Senate, the amendment was
approved 73-27. The prospects for further action increasing or extending biofuels and alternative
fuels tax incentives may be limited in light of that vote.
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Alternative Fuels and Advanced Technology Vehicles: Issues in Congress
Contents
Introduction...................................................................................................................................... 1
Most Recent Developments ............................................................................................................. 1
Background and Analysis ................................................................................................................ 2
Congressional Interest ............................................................................................................... 2
Legislative Background....................................................................................................... 2
Current Issues...................................................................................................................... 4
Fuel Tax Incentives.................................................................................................................... 5
The Renewable Fuel Standard (RFS) ........................................................................................ 6
Ethanol “Blend Wall” ................................................................................................................ 7
Cellulosic Biofuels .................................................................................................................... 8
Ethanol Imports ....................................................................................................................... 10
Vehicle Purchase Requirements............................................................................................... 10
Vehicle Purchase Tax Incentives ............................................................................................. 12
Biodiesel and Renewable Diesel ............................................................................................. 12
Hydrogen and Fuel Cells ......................................................................................................... 13
Hybrid Vehicles ....................................................................................................................... 14
Advanced Technology Vehicles Manufacturing (ATVM) Loan Program ............................... 14
For Additional Reading.................................................................................................................. 15
Contacts
Author Contact Information........................................................................................................... 16
Congressional Research Service
Alternative Fuels and Advanced Technology Vehicles: Issues in Congress
Introduction
High levels of oil imports and high crude oil and gasoline prices in recent years have led to
increased interest in the U.S. fuel supply. Recent congressional interest has focused on
alternatives to petroleum, ways to improve the efficiency of the U.S. transportation sector, and
ways to improve the stability and security of the petroleum supply and refining sectors.1 From
spring 2006 to summer 2008, high global oil prices (spurred by high demand) and refinery
constraints in the domestic gasoline supply pushed U.S. gasoline pump prices to historic highs.
Historically, a problem in maintaining interest in alternative fuels and vehicles has been the
volatility in oil and gasoline prices. Interest tends to rise as prices rise, and decline as prices dip.
Arguably, statutory policies can counterbalance dips in public interest in periods of mixed market
signals as seen recently. In fall 2006 and winter 2007, gasoline prices eased somewhat before
rising significantly through summer 2008; and after summer 2008, petroleum and gasoline prices
fell dramatically.
Along with fuel prices and supply, environmental concerns, especially poor air quality and
concerns over the potential effects of climate change, have further raised interest in the
development of alternatives to petroleum, as well as ways to use petroleum more efficiently.
Key components of federal policies to reduce petroleum consumption include the promotion of
alternatives to petroleum fuels and the promotion of more efficient vehicles. This report provides
an overview of current issues surrounding alternative fuels2 and advanced technology vehicles3—
issues discussed in further detail in other CRS reports referred to in each section.
Most Recent Developments
Key tax incentives for the use of ethanol and biomass-based diesel fuels expired at the end of
2011, along with an added duty on certain ethanol imports. Tax incentives for biofuels (including
ethanol) produced from cellulosic feedstocks (e.g., grasses, trees, waste products) expire at the
end of 2012.
While tax incentives for these fuels have expired or are expiring, a mandate to use biofuels in
transportation that was expanded by the Energy Independence and Security Act of 2007 (EISA,
P.L. 110-140) is set to increase yearly through 2022. On February 3, 2010, the Environmental
Protection Agency (EPA) finalized new rules for this mandate—the Renewable Fuel Standard
(RFS). In 2011, the RFS required the use of 13.95 billion gallons of ethanol and other biofuels in
transportation fuel. Within that mandate, the RFS required the use of 1.35 billion gallons of
1 For more information on petroleum supply and prices, see CRS Report RL32530, World Oil Demand and its Effect on
Oil Prices, by Robert Pirog. For more information on legislative proposals to help mitigate high gasoline prices, see
CRS Report RL33521, Gasoline Prices: Causes of Volatility and Congressional Response, by Carl E. Behrens and
Carol Glover.
2 Alternative fuels are fuels produced from sources other than petroleum, including natural gas, coal-derived fuels,
agriculture-based ethanol and biodiesel, and hydrogen.
3 Advanced technology vehicles are vehicles that use technologies other than (or in addition to) an internal combustion
engine, including electric vehicles, fuel cell vehicles, and hybrids.
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Alternative Fuels and Advanced Technology Vehicles: Issues in Congress
advanced biofuels,4 including 6.6 million gallons of cellulosic biofuels. For 2012, the RFS
mandate is 15.2 billion gallons, including 8.65 million gallons of cellulosic fuel. EISA also
requires that advanced biofuels (as well as conventional biofuels from newly built refineries)
meet certain lifecycle greenhouse gas reduction requirements. EPA’s methodology and
conclusions on various biofuels’ lifecycle emissions have been controversial.
In January 2011, EPA finalized a partial waiver petition from Growth Energy to allow blends of
up to 15% ethanol in gasoline (E15): before then ethanol content in all gasoline was limited to
10% (E10). EPA approved the use of E15 in model year 2001 and later passenger cars and light
trucks, but prohibited its use in all other applications (e.g., motorcycles, heavy trucks, nonroad
engines). Allowing higher blends of ethanol under the Clean Air Act removes one component of
the “blend wall,” which limits the total amount of ethanol that can be blended in gasoline
nationwide; other blend wall components include vehicle and pump certification and warranties,
and state and local fire codes and other laws.
Attention has also focused on government-backed loans for the development and deployment of
new energy technologies. One such program, the Advanced Technology Vehicles Manufacturing
(ATVM) Loan Program, has been controversial as some critics question whether other existing
policies, such as stricter vehicle fuel economy standards, already promote the same technologies.5
The 112th Congress has debated alternative fuels and advanced technology vehicles directly and
as it has addressed other key topics. For example, the role of tax incentives for biofuels has been
contentious. On June 16, 2011 the Senate approved S.Amdt. 476, which would have eliminated
the excise tax credit for blending ethanol in gasoline before its December 31, 2011, expiration
date. Although the underlying legislation failed a cloture vote in the Senate, the amendment was
approved 73-27. The prospects for further action increasing or extending biofuels and alternative
fuels tax incentives may be limited in light of that vote.
Background and Analysis
Congressional Interest
Legislative Background
A combination of issues—the oil crises of the 1970s, the rise in awareness of environmental
issues, concerns over energy security, increasing vehicle emissions, and high gasoline prices—
have spurred interest in moving the United States away from petroleum fuels for transportation
and toward alternative fuels and advanced vehicle technologies.
4 Biofuels other than ethanol produced from corn starch, and with 50% lower lifecycle greenhouse gas emissions
compared to baseline gasoline or diesel fuel.
5 For more information on ATVM, see CRS Report R42064, The Advanced Technology Vehicles Manufacturing
(ATVM) Loan Program: Status and Issues, by Brent D. Yacobucci and Bill Canis.
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The Energy Policy Act of 1992
The 102nd Congress passed the Energy Policy Act of 1992 (EPAct 1992, P.L. 102-486). Among
other provisions, this law requires the purchase of alternative fuel vehicles by federal agencies,
state governments, and alternative fuel providers.6 Under EPAct 1992, a certain percentage—
which varies by the type of fleet (i.e., federal, state, or fuel provider)—of new passenger vehicles
must be capable of operating on alternative fuels, including ethanol, methanol, natural gas, or
propane. EPAct 1992 established a tax credit for the purchase of electric vehicles, as well as tax
deductions for the purchase of alternative fuel and hybrid vehicles.
The Energy Policy Act of 2005
There was little congressional action on energy policy through the late 1990s. In light of high fuel
prices in the early 2000s, continued growth in domestic and global petroleum demand, and other
energy policy concerns, Congress began working on comprehensive energy legislation in 2001. In
the 107th Congress, an energy bill stalled in conference. The 108th Congress continued the debate
over energy legislation. The conference report (H.Rept. 108-375) included provisions on vehicle
tax credits, amendments to vehicle purchase requirements under the Energy Policy Act of 1992, a
requirement that motor fuels contain ethanol or other renewable fuels, and tax credits for ethanol
and biodiesel fuels. However, this bill also stalled. Many of these topics were addressed in the
109th Congress by the Energy Policy Act of 2005 (EPAct 2005, P.L. 109-58), which was signed by
President Bush on August 8, 2005.
The Energy Independence and Security Act of 2007
Continued pressure on energy prices and concerns over energy security after passage of EPAct
2005 led to continued discussion of energy policy in the 110th Congress. On December 19, 2007,
President Bush signed the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140).
Among other provisions, EISA expanded the renewable fuel mandate in EPAct 2005,
significantly tightened federal fuel economy (CAFE) standards, and established the Advanced
Technology Vehicles Manufacturing (ATVM) Loan Program.
The 2008 Farm Bill
Biofuels—fuels produced from renewable organic matter, especially agricultural products and
wastes, are seen by proponents as a key strategy for increasing energy security, promoting
environmental quality, and raising farm incomes. Therefore, recent Farm Bills, especially the
2002 and 2008 Farm Bills (P.L. 107-171 and P.L. 110-246, respectively), have included titles to
promote biofuels and other farm-based energy supplies. The 2002 Farm Bill established programs
to promote the development of biofuels and biorefineries; the 2008 Farm Bill expanded on these
programs, and expanded existing biofuels tax credits to promote the development of cellulosic
fuels—fuels produced from woody or fibrous materials such as perennial grasses, fast-growing
trees, and agricultural and municipal wastes.
6 Alternative fuel providers are businesses that sell or distribute alternative fuels.
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The American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) includes several key
provisions supporting alternative fuels and advanced technology vehicles. These include tax
credits for the purchase of small electric vehicles, grants to states, localities, and other entities to
replace older diesel engines with new, clean diesel or alternative fuel engines, and grants to
battery manufacturers and part suppliers to develop batteries and system components for
advanced vehicles (e.g., hybrids, plug-in electric vehicles
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act
of 2010
Tax credits for biodiesel and renewable diesel production and blending had expired at the end of
2009. Credits for ethanol production and blending, as well as a duty on ethanol imports from most
countries, were set to expire at the end of 2010. The Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 (P.L. 111-312) extended those incentives through
the end of 2011. Those incentives have not been extended past 2011.
Other Legislation
Other laws affecting alternative fuel and advanced technology vehicles include the Energy Policy
and Conservation Act (P.L. 94-163), which established fuel economy standards for passenger cars
and light trucks;7 the 1990 Amendments to the Clean Air Act (P.L. 101-549), which require cities
with significant air quality problems to promote low emission vehicles; highway authorization
bills, including P.L. 109-59 and P.L. 105-178, which established and reaffirmed tax incentives for
ethanol and other fuels; and numerous laws that authorize federal research and development on
alternative fuels, advanced technologies, and enabling infrastructure, such as alternative fuel
pumps. The Emergency Economic Stabilization Act of 2008 (P.L. 110-343) modified and
extended key tax incentives for biodiesel and other alterative fuels.
Current Issues
Recent events have renewed interest in alternative fuels and advanced vehicles. For example,
high pump prices for gasoline and diesel fuel have raised concerns over fuel conservation and
energy security, including U.S. dependency on oil imports. In light of this, there is growing
interest in more efficient vehicles or vehicles that abandon the use of petroleum altogether. This is
especially true as the rapid growth in the sales of light trucks—these include sport utility vehicles
(SUVs), mini-vans, and pickups, which tend to have lower fuel economy than passenger cars—
through the mid-2000s lowered the overall fuel economy of the new vehicle fleet. EISA requires
an increase in fuel economy from passenger cars and light trucks to 35 miles per gallon (mpg)
combined in 2020, up from roughly 24 mpg in 2007.
Ongoing technological developments in hybrid vehicles, ethanol fuel, fuel cells, and hydrogen
fuel have raised key policy questions. These questions include whether more generous tax
incentives for hybrid and/or fuel cell vehicles should be established or whether to reduce
7 For more information on fuel economy standards, see CRS Report R40166, Automobile and Light Truck Fuel
Economy: The CAFE Standards, by Brent D. Yacobucci.
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government’s role in vehicle and fuel markets, the costs and environmental impacts associated
with production of ethanol or hydrogen as major transportation fuels, and whether research and
development funds should be focused on such potentially high-risk technologies as fuel cells or
on near-term technologies, such as hybrids.
Gasoline prices have spiked and the gasoline supply system has faced disruptions several times in
recent years, driven by various factors, including
• hurricanes along the Gulf Coast in the fall of 2005;
• high crude prices, issues with refining capacity, and concerns about ethanol
supply in spring 2006; and
• historic high crude oil and gasoline prices in 2007 and 2008.
These price surges and supply disruptions raised congressional interest in alternatives to
petroleum. Coupled with concerns over the environmental impact of petroleum and other fossil
fuels, congressional interest in alternatives remains strong, even though oil and gasoline prices
declined after the summer of 2008.
Fuel Tax Incentives
Through the end of 2011, there were three key tax incentives for alternative fuels: (1) a tax credit
for conventional ethanol of $0.45 per gallon,8 (2) a tax credit for biodiesel and renewable diesel
of $1.00 per gallon,9 and (3) a credit of $0.50 per gallon for the retail sale of alternative fuels
other than ethanol and biodiesel (e.g., LPG). In addition, there were tax credits for small ethanol
and biodiesel producers ($0.10 per gallon), and a tax credit for the production of cellulosic
biofuels (up to $1.01 per gallon, depending on the fuel).10 All of these credits had expired by the
end of 2011 except for the cellulosic fuel credit, which expires at the end of 2012.
In general, there is ongoing interest among some stakeholders in tax incentives for the production
and purchase of alternative fuels. Supporters of this approach argue that the market favors
conventional fuels, and that the widespread infrastructure and nearly ubiquitous use of
conventional fuels in automobiles makes it difficult for alternative fuels to compete without
economic incentives. Opponents argue that with a wide array of federal programs—including a
mandate to use biofuels in gasoline and diesel fuel, and increasingly tight fuel economy
standards—tax incentives are unnecessary.
8 Through 2008, the tax credit was valued at $0.51 per gallon. The 2008 Farm Bill lowered the credit to $0.45 per
gallon in the first year after U.S. ethanol supply exceeded 7.5 billion gallons. Through October 2008, annual U.S.
ethanol consumption had already exceeded 7.8 billion gallons: Renewable Fuels Association, The Industry - Statistics,
2008 Monthly U.S. Fuel Ethanol Production/Demand, Washington, DC, http://www.ethanolrfa.org/industry/statistics/.
9 Through 2008, the credit for biodiesel produced from recycled materials was $0.50 per gallon. EESA eliminated the
distinction between biodiesel fuels produced from different feedstocks.
10 For more information on tax and non-tax incentives for ethanol and biodiesel, see CRS Report R40110, Biofuels
Incentives: A Summary of Federal Programs, by Brent D. Yacobucci.
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The Renewable Fuel Standard (RFS)11
The Energy Policy Act of 2005 (EPAct 2005, P.L. 109-58) established a federal requirement that
motor fuel suppliers (e.g., petroleum refiners) supply an increasing amount of renewable fuels.
The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140) expanded the mandate,
requiring the use of 36 billion gallons of renewable fuels by 2022.
On February 3, 2010, the Environmental Protection Agency (EPA) finalized rules for the
expanded RFS—often referred to as “RFS2.”12 As mandated by EISA, the rule required the use of
12.95 billion gallons of renewable fuels in transportation fuels in 2010. Most of this mandate was
met using ethanol produced from corn, although within the larger RFS mandate, there are carve-
outs for cellulosic biofuels, biomass-based diesel substitutes, and other advanced biofuels. For
2012, the overall mandate is 15.2 billion gallons.
One area of controversy is EPA’s conclusion about the greenhouse gas impacts of biofuels. As
part of its expansion of the RFS, EISA requires that all advanced biofuels, as well as conventional
biofuels from new refineries, have reduced greenhouse gas emissions relative to gasoline. In its
proposed rule, EPA found that many fuel pathways did not meet the threshold requirements in
EISA. However, its methodology was criticized by biofuels supporters. In the final rule, EPA
modified its methodology to reflect some of those comments. However, some biofuels opponents
counter that the final rules went too far in the opposite direction.13
A key component of the expanded RFS is a requirement starting in 2010 that a growing portion of
the RFS be met using cellulosic biofuels (see “Cellulosic Biofuels” below). Under EISA, the
cellulosic biofuel mandate begins at 100 million gallons in 2010 and increases to 16 billion
gallons by 2022. However, EPA concluded that U.S. production capacity will be well below 100
million gallons in 2010: Using its authority under EISA to waive parts of the RFS, EPA set the
cellulosic biofuel mandate at 6.5 million gallons (ethanol equivalent) for 2010.14
While we proposed that the cellulosic biofuel standard would be set at the EISA specified
level of 100 million gallons for 2010, based on analysis of information available at this time,
we no longer believe the full volume can be met.... we have found that many of the projects
that served as the basis for the proposal have been put on hold, delayed, or scaled back. At
the same time, there have been a number of additional projects that have developed and are
moving forward.... the timing for many of the projects indicates that while few will be able to
provide commercial volumes for 2010, an increasing number will come on line in 2011,
2012, and 2013.... 5 million gallons (6.5 million ethanol equivalent) represents a reasonable,
yet achievable level for the cellulosic standard for 2010.15
11 For more information on the RFS, see CRS Report R40155, Renewable Fuel Standard (RFS): Overview and Issues,
by Randy Schnepf and Brent D. Yacobucci.
12 U.S. Environmental Protection Agency, EPA Finalizes Regulations for the National Renewable Fuel Standard
Program for 2010 and Beyond, EPA-420-F-10-007, Washington, DC, February 2010, http://www.epa.gov/otaq/
renewablefuels/420f10007.htm.
13 Steven Mufson, “A Boost for Corn-Based Ethanol?,” Washington Post, February 4, 2010, p. A15.
14 For more information on EPA’s waiver authority, see CRS Report RS22870, Waiver Authority Under the Renewable
Fuel Standard (RFS), by Brent D. Yacobucci.
15 U.S. Environmental Protection Agency, Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel
Standard; Final Rule, EPA-HQ-OAR-2005-0161, Washington, DC, February 3, 2010, p. 14, http://www.epa.gov/otaq/
renewablefuels/rfs2-preamble.pdf.
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In November 2010 EPA finalized the required fuel levels for 2011, including the cellulosic
biofuel mandate.16 For 2011, EPA has established a cellulosic mandate of 6.6 million gallons, well
below the 250 million gallons scheduled in EISA.17 For 2012, EPA similarly lowered the
mandate, from 500 million gallons to 8.65 million gallons.18
Ethanol “Blend Wall”19
Until recently, ethanol concentration in gasoline was limited to 10% (E10) for all applications.
This limit has been driven by four key factors: (1) regulation of fuel additives under EPA’s
implementation of the Clean Air Act; (2) vehicle and engine warranties and certification; (3)
design and certification of existing infrastructure to deliver motor fuels (e.g., gasoline storage
tanks, fuel pumps, etc.); and (4) state and local codes and regulations, including fire codes.
Because of these limitations, the total volume of ethanol that can be blended into U.S. gasoline is
limited to roughly 14 billion to 15 billion gallons. However, by 2013 (or perhaps earlier), the RFS
mandates will exceed this “blend wall.” To meet the requirements of the RFS, gasoline suppliers
will need to blend ethanol above 10%, or will need to use other avenues for supplying renewable
fuels (e.g., using significantly more E85—85% ethanol and 15% gasoline—in vehicles designed
for its use; increasing the use of biodiesel and renewable diesel in diesel fuel). Because of these
concerns, various stakeholders are pushing for EPA to allow higher-level ethanol blends—E15,
E20, or higher.
On March 6, 2009, Growth Energy (on behalf of 52 U.S. ethanol producers) applied to EPA for a
waiver from the current Clean Air Act limitation of 10%. The application requested an increase in
the maximum concentration to 15% (E15). On November 30, 2009, EPA sent a letter to Growth
Energy neither granting nor denying the waiver, stating that studies necessary for the agency to
make a decision had not been completed, and that some of that data may be available in May or
June of 2010. To meet the high volumes of renewable fuels mandated by EISA, EPA recognized
that “it is clear that ethanol will need to be blended into gasoline at levels greater than the current
limit of 10 percent.” In September 2010, EPA approved the use of E15 in model year (MY) 2007
and newer passenger vehicles, but deferred a decision on MY2001-MY2006 vehicles. In January
2011, EPA expanded the waiver to include MY2001 and later vehicles. Because EPA determined
there was insufficient data to alleviate concerns over emissions performance in older vehicles, as
well as motorcycles, heavy trucks, and non-road engines, the agency denied a waiver for the use
of E15 in those vehicles and engines.
To grant the waiver, the petitioner must establish to EPA that the increased ethanol content will
not “cause or contribute to a failure of any emission control device or system” to meet emissions
standards. EPA is to consider short- and long-term (full useful life) effects on evaporative and
16 U.S. Environmental Protection Agency, EPA Finalizes 2011 Renewable Fuel Standards, Washington, DC,
November 2010, http://www.epa.gov/otaq/fuels/renewablefuels/420f10056.htm.
17 For more information on current cellulosic biofuel production capacity and the cellulosic mandate, see CRS Report
R41106, Meeting the Renewable Fuel Standard (RFS) Mandate for Cellulosic Biofuels: Questions and Answers, by
Kelsi Bracmort.
18 EPA, “Regulation of Fuels and Fuel Additives: 2012 Renewable Fuel Standards,” 77 Federal Register 1320, January
9, 2012.
19 For more information on the blend wall, see CRS Report R40445, Intermediate-Level Blends of Ethanol in Gasoline,
and the Ethanol “Blend Wall,” by Brent D. Yacobucci.
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exhaust emissions from various vehicles and engines, including cars, light trucks, and non-road
engines.
In addition to the emissions control concerns, other factors affecting consideration of the blend
wall include vehicle and engine warranties and the effects on infrastructure. Currently, no
automaker warrants its vehicles to use gasoline with higher than 10% ethanol. Small engine
manufacturers similarly limit the allowable level of ethanol. Because of concerns over potential
equipment damage, a group of vehicle and engine manufacturers are challenging in court EPA’s
initial decision to allow E15 in newer vehicles.20 Potential concerns with older, “legacy” vehicles
and equipment include the potential for higher ethanol concentrations to lead to corrosion of seals
and other components, corrosion of fuel tanks, higher operating temperatures for some engines
(e.g., smaller non-road engines), and higher emissions of some pollutants.
The waiver also has implications for fueling infrastructure. For example, most gasoline
distribution systems (e.g., gas pumps, storage tanks) are designed to dispense up to E10. While
some of these systems may be able to operate effectively on E15 or higher, their
warranties/certifications would likely need to be updated. Further, many current state laws
prohibit the use of blends higher than E10.
In EPA granting a waiver only for newer vehicles, a key question is how fuel pumps might be
labeled to keep owners from using E15 in older vehicles and other equipment. Along with the
waiver decision, EPA proposed new pump labeling rules to indicate which gasoline pumps
dispense E15, which the agency finalized June 23, 2011. A related question is whether fuel
suppliers would even be willing to sell E15 if some of their customers may not use it.
Cellulosic Biofuels21
Ethanol, the most significant biofuel in the United States, is usually produced from corn.
However, corn is a key animal feed, and is also used for human consumption. Further, corn is a
resource-intensive crop, requiring significant use of chemical fertilizers and generally grown on
prime farmland. There is growing interest in developing biofuels that require less energy to
produce and have a smaller environmental footprint.
Biofuels produced from cellulosic materials such as fast-growing trees, prairie grasses, or
agricultural wastes/byproducts are seen as a potential strategy for reducing the environmental
impact of biofuels while expanding the United States’ ability to displace petroleum fuels. The
potential supply of these feedstocks is abundant, which is why it is expected that future expansion
of the U.S. biofuels industry will be in this area.
However, breaking down cellulose and converting it into fuel requires complex chemical
processing. Starches (such as corn) and sugars (such as cane sugar) are relatively easily fermented
20 Alliance of Automobile Manufacturers et al v. United States Environmental Protection Agency (United States Court
of Appeals for the District of Columbia Circuit). Docket No. 10-1414. For the plaintiff’s arguments, see Outdoor Power
Equipment Institute, Fact Sheet: E-15 Partial Waiver Legal Challenge, December 17, 2010, http://members.opei.org/
news/detail.dot?id=12146.
21 For more information on cellulosic biofuels, see CRS Report RL34738, Cellulosic Biofuels: Analysis of Policy Issues
for Congress, by Kelsi Bracmort et al, and CRS Report R41106, Meeting the Renewable Fuel Standard (RFS) Mandate
for Cellulosic Biofuels: Questions and Answers, by Kelsi Bracmort.
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into alcohol, while cellulose must be broken down into sugars or starches through enzymatic or
thermochemical processes before fermentation. Alternatively, biomass can be converted into
synthesis gas,22 which can then be used to produce fuels. Regardless of the pathway, processing
cellulose into fuels is currently prohibitively expensive relative to other conventional and
alternative fuel options. Therefore, R&D has focused on lowering the costs of enzymatic and
other processing techniques.
Further, questions remain about the feasibility of these fuels, as well as the ultimate
environmental footprint—many of the proposed feedstocks have never been grown on a large
scale. Therefore, R&D is also focused on increasing the yield of potential biofuel crops,
developing harvesting techniques, and finding ways to limit the environmental impact of
dedicated energy crops.
The Energy Policy Act of 2005 included provisions to promote the development of cellulosic
biofuels. These include an authorization for increased research and development funding at the
Department of Energy; grants, loans, and loan guarantees for the development of cellulosic
biofuels; per-gallon incentives for the first 1 billion gallons of domestic production;23 and a
mandate that gasoline contain a minimum amount of cellulosic ethanol annually starting in 2013.
On December 20, 2006, President Bush signed the Tax Relief and Health Care Act of 2006 (P.L.
109-432). Among other provisions, this tax law established a 50% depreciation allowance for
cellulosic ethanol plants placed in service before January 1, 2013, subject to certain limitations.
The Energy Independence and Security Act of 2007 expanded the renewable fuel mandate in
EPAct 2005, and established specific requirements for “advanced biofuels”—defined as fuels
produced from feedstocks other than corn starch, and with 50% lower lifecycle greenhouse gas
emissions than petroleum fuels. (See “The Renewable Fuel Standard (RFS)” above.) Of the 36
billion gallons of renewable fuel required in 2022, 21 billion gallons must be advanced biofuels;
within that mandate, there are specific carve-outs for cellulosic biofuels and biomass-based diesel
fuels. The 2008 Farm Bill established a tax credit of up to $1.01 per gallon for the production of
cellulosic biofuels.
22 A mixture of hydrogen and carbon monoxide that can be used to produce a variety of chemicals and fuels.
23 On December 15, 2009, the Department of Energy finalized a rule establishing the incentive program. U.S.
Department of Energy, “Final Rule: Production Incentives for Cellulosic Biofuels; Reverse Auction Procedures and
Standards,” 74 Federal Register 52867-52873, October 15, 2009.
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Ethanol Imports
Corn growers and ethanol producers are supportive of the renewable fuel standard because of its
implications for higher corn and ethanol prices. However, concern over ethanol imports has
grown among some stakeholders. Because of lower production costs and the availability of
government incentives, ethanol prices in Brazil and some other countries can be significantly
lower than in the United States. To offset the U.S. tax incentive that all ethanol (imported or
domestic) received through the end of 2011, most imports were subject to a relatively small 2.5%
ad valorem tariff, but more significantly an added duty of $0.54 per gallon. This added duty
effectively negated the tax incentive for covered imports24 and has been a significant barrier to
fuel ethanol imports. However, the added duty expired with the tax incentive, and the prospects
for reinstating either policy seem unlikely.
Before the duty expired, under certain conditions imports of ethanol from Caribbean Basin
Initiative (CBI) countries were granted duty-free status.25 This was true even if the ethanol was
produced in a non-CBI country. In this scenario, the ethanol was produced in another country
(historically Brazil or a European country), dehydrated in a CBI country, then shipped to the
United States. In recent years, these imports reached as high as 5% of the U.S. ethanol market.
This avenue for imported ethanol to avoid the tariff was criticized by some stakeholders,
including some Members of Congress. With the establishment of a renewable fuel standard, as
well as high U.S. gasoline and ethanol prices, there may be more interest in importing ethanol,
either through CBI countries or directly from ethanol producers.
On December 20, 2006, President Bush signed the Tax Relief and Health Care Act of 2006 (P.L.
109-432). Among other provisions, the act extended the duty on imported ethanol through
December 31, 2008, but did not address the CBI preference. The 2008 Farm Bill further extended
the duty through December 31, 2010, and the 2010 tax package (P.L. 111-312) extended it
through December 31, 2011.
Vehicle Purchase Requirements
The Energy Policy Act of 1992 established mandatory alternative fuel vehicle purchase
requirements for various vehicle fleets.26 Under the law, 75% of the passenger vehicles purchased
by federal and state vehicle fleets must be capable of operating on alternative fuels; 90% of the
vehicles purchased by alternative fuel providers must be alternative fuel vehicles.27
The alternative fuel vehicle provisions of EPAct 1992 have been criticized as ineffective because,
while EPAct 1992 requires the purchase of vehicles capable of operating on alternative fuels, it
did not mandate the use of alternative fuels. In most cases, the vehicles purchased to meet the
24 When the $0.54 duty was established, the tax incentive for conventional ethanol was also equivalent to $0.54 per
gallon. Since then, the incentive for conventional ethanol has decreased (to $0.45 per gallon currently), while the duty
has remained at $0.54 per gallon.
25 For more information on ethanol imports from CBI countries, see CRS Report RS21930, Ethanol Imports and the
Caribbean Basin Initiative (CBI), by Brent D. Yacobucci.
26 For purposes of compliance with EPAct 1992, a covered vehicle fleet is one operated by an agency or company in a
metropolitan area with at least 20 passenger vehicles in one location.
27 For more information on vehicle purchase requirements, see the Federal Energy Management Program’s Fleet
Management program at http://www1.eere.energy.gov/femp/program/fedfleet_requirements.html.
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requirement are dual-fuel vehicles (i.e., they can operate on either a conventional fuel or an
alternative fuel). Those vehicles are primarily fueled using gasoline, because gasoline tends to be
less expensive and more widely available than alternative fuels because the infrastructure to
provide alternative fuels is limited compared with the existing infrastructure for gasoline and
diesel fuel.
In addition, despite the vehicle purchase mandate, in previous years many agencies failed to meet
their statutory obligation. As a result, in 2002 the Center for Biological Diversity filed a lawsuit
with the U.S. District Court for the Northern District of California. In July 2002, the court ruled
that several federal agencies failed to meet their quotas and ordered those agencies to prepare
reports on their compliance with EPAct, which those agencies have completed.28 Since that time,
most agencies have complied with the requirement; in FY2007, the most recent year data are
available, all covered federal fleets met the requirement.29
The Energy Policy Act of 2005 (Section 701) modified the requirements for EPAct 1992
compliance. All dual-fuel vehicles purchased to meet the EPAct quotas are required to operate on
alternative fuels, unless an agency is granted a waiver by the Secretary of Energy. However, it is
unclear whether this requirement will significantly affect federal agency alternative fuel use. The
Secretary of Energy is required under the law to conduct a study of the effectiveness of the EPAct
requirements. Further, Section 703 of EPAct 2005 allows state and fuel provider fleets to petition
the Department of Energy (DOE) to waive the vehicle purchase requirement if the fleet certifies
other fuel-saving measures (e.g., using higher-efficiency conventional vehicles or hybrids).
On January 28, 2008, President Bush signed the National Defense Authorization Act for Fiscal
Year 2008 (P.L. 110-181). Among other provisions, the law amends the definition of “alternative
fuel vehicle.” Under the new definition, fleets covered by EPAct 1992 will be granted credits for
the purchase of hybrid, advanced diesel,30 and fuel cell vehicles, in addition to those alternative
fuel vehicles already allowed.
In addition to the requirements for federal, state, and fuel provider fleets, EPAct 1992 grants the
DOE the authority to extend the requirements to local government and private fleets. However, as
of 2002, DOE had not made a determination on requirements for local and private fleets. As part
of the above lawsuit, the Center for Biological Diversity also asked the court to force DOE to
promulgate new rules. In ruling on the above case, the U.S. District Court for the Northern
District of California ordered DOE to establish a timeline for a new rulemaking. DOE compiled a
timeline and, on March 4, 2003, it issued a rulemaking determining that such a program would
not promote the goals of EPAct, neither reducing dependence on foreign oil nor leading to greater
use of alternative fuel vehicles.31
The American Recovery and Reinvestment Act of 2009 (H.R. 1) appropriated $300 million to the
General Services Administration for the purchase of vehicles with high fuel economy, including
hybrid, plug-in hybrid, and pure electric vehicles.
28 Center for Biological Diversity v. Abraham, N.D. Cal., No. CV-00027.
29 U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Federal Fleet Compliance with
EPACT and E.O. 13149/E.O. 13423, Fiscal Years 2000 through 2007.
30 Light-duty diesel vehicles that meet specified emissions standards.
31 68 Federal Register 10319.
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On January 24, 2007, President Bush signed Executive Order 13423. Among other provisions,
this order requires federal agencies to use commercially available plug-in hybrid electric vehicles
(PHEVs). On October 5, 2009, President Obama signed Executive Oder 13514, which sets
government-wide fuel savings and greenhouse gas reduction goals and affirms the vehicle
acquisition goals set in E.O. 13423.
Vehicle Purchase Tax Incentives
Some supporters of alternative fuel and advanced technology vehicles argue that tax incentives
for the purchase of vehicles and fuels are more effective than any purchase mandate. In addition
to the mandatory purchase requirements, EPAct 1992 established tax incentives for the purchase
of electric vehicles and “clean-fuel vehicles,” including alternative fuel and hybrid vehicles. The
Energy Policy Act of 2005 (Section 1341) significantly expanded and extended the vehicle
purchase incentives, establishing tax credits for the purchase of fuel cell, hybrid, alternative fuel,
and advanced diesel vehicles. For passenger vehicles, the credit was worth as much as $3,400 for
hybrids and advanced diesels, and as much as $4,000 for alternative fuel vehicles, depending on
vehicle attributes. The expiration date for the incentives also varied depending on the technology,
with only the fuel cell vehicle tax credit currently available.32
The Emergency Economic Stabilization Act of 2008 established a tax credit for the purchase of
plug-in vehicles, both pure electric vehicles and plug-in hybrids (i.e., gasoline/electric hybrid
vehicles that can fuel on gasoline or be recharged from the electric grid.) For passenger vehicles,
the credit is a maximum of $7,500, depending on the vehicle’s battery capacity.
The American Recovery and Reinvestment Act of 2009 (P.L. 111-5) significantly modified the
plug-in credits: the law eliminated the credit for vehicles above 14,000 pounds after 2009;
established a credit of up to $2,500 for 2-wheeled, 3-wheeled, and low-speed 4-wheeled plug-in
vehicles; and established a credit of up to $4,000 for the conversion of existing vehicles to run on
battery power. The law also allows purchasers to claim the plug-in, alternative fuel vehicle, and
hybrid tax credits even if they are subject to the Alternative Minimum Tax (AMT)—previously,
taxpayers subject to the AMT could not claim these credits. Eligibility for the plug-in tax credit
phases out once a manufacturer has produced 200,000 vehicles eligible for the credit.
Biodiesel and Renewable Diesel
Biodiesel and renewable diesel are synthetic diesel fuels produced from vegetable oils, including
soybean and canola oils, animal fats, and recycled cooking grease. They can be blended with
conventional diesel fuel and used in diesel engines with few or no modifications. Further, with
some engine modifications, they can be used in a nearly pure form. Because biodiesel can
displace conventional diesel without the use of new (and in many cases costly) vehicles, there is
growing interest in its use. Further, because it can be produced from agricultural products,
farmers (especially soybean and canola farmers) and some environmentalists have a keen interest
in its development as a way to promote rural economies, reduce agricultural wastes, and limit
greenhouse gas emissions. However, biodiesel production is currently expensive: wholesale
32 The credits for hybrid and advanced diesel vehicles expired at the end of 2009. Credits for alternative fuel vehicles
expired at the end of 2010. For more information on vehicle tax incentives, see CRS Report RS22351, Tax Incentives
for Alternative Fuel and Advanced Technology Vehicles, by Brent D. Yacobucci.
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biodiesel from virgin oils can cost up to two times more than conventional No. 2 diesel; biodiesel
from recycled grease is less expensive but still costs considerably more than conventional diesel.
The cost barriers for biodiesel and renewable diesel production have generated interest in
providing tax incentives, in the form of either production tax credits or excise tax exemptions, or
both. Further there is interest in developing new technologies to help reduce production costs.
However, the organic oils used as raw materials are one of the largest costs in production.
Therefore, to significantly reduce production costs, the costs of soybean oil and other oils would
need to decrease substantially, or less costly feedstocks would need to be developed.
As was stated above, the American Jobs Creation Act, as amended, provided a tax credit of up to
$1.00 per gallon for the sale and use of biodiesel. In addition, the law provided an excise tax
credit for biodiesel blends (i.e., biodiesel and conventional diesel). Producers were eligible for
one credit or the other, but not both (see “Fuel Tax Incentives” above). These credits were set to
expire at the end of 2006; the Energy Policy Act of 2005 (P.L. 109-58) extended these credits
through 2008. Further, EPAct 2005 established a credit of $0.10 per gallon for small agri-
biodiesel producers, and a $1.00-per-gallon credit for “renewable diesel”—diesel fuel produced
from biomass through a different process than the biodiesel production process. The Emergency
Economic Stabilization Act (P.L. 110-343) further extended these credits through the end of 2009.
The credits lapsed in 2010, but the Tax Relief, Unemployment Insurance Reauthorization, and
Job Creation Act of 2010 (P.L. 111-312) extended the credits through the end of 2011, and made
the extension retroactive to all of 2010.
Hydrogen and Fuel Cells
Over the past several years, interest has grown substantially in hydrogen fuel and fuel cells.
Hydrogen fuel can be produced using any energy source, and has thus been touted as a way to
limit dependence on energy imports. Further, when hydrogen is used in a fuel cell (a device that
produces electricity by converting hydrogen to water), mostly heat and water are produced,
drastically reducing or eliminating vehicle emissions. However, hydrogen fuel production is
currently very expensive, as are fuel cells. In addition, depending on the original fuel source,
overall fuel-cycle emissions can be a key concern.33
Because of the potential benefits from hydrogen and fuel cells, and because of the existing
technical and cost barriers to their commercialization, the Bush Administration strongly supported
research and development (R&D). In January 2002, the Bush Administration announced the
FreedomCAR initiative, which promotes cooperative R&D between the “Big Three” American
auto manufacturers (Chrysler, Ford, and General Motors) and the federal government. While the
partnership is conducting research on many automotive technologies, hydrogen and fuel cell
vehicles have been a key focus. Further, in his January 2003 State of the Union address, President
Bush announced the Hydrogen Fuel Initiative, which increased federal spending on hydrogen fuel
and stationary fuel cell R&D. Overall, the President requested $1.8 billion between FY2004 and
FY2008 for both initiatives, including a $720 million increase in funding from earlier
appropriations. Over that time, Congress appropriated a total of $1.4 billion for the initiatives.34
33 For example, depending on the technology used, processing coal into hydrogen could lead to significantly higher
emissions of toxic compounds and carbon dioxide.
34 Congress agreed to increase funding for hydrogen and fuel cell research from $185 million in FY2003 to $266
million in FY2004, $305 million in FY2005, $335 million in FY2006, $335 million for FY2007, and approximately
(continued...)
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The Energy Policy Act of 2005 authorized a total of $3.3 billion through FY2010 for fuel cell and
hydrogen R&D.35
Opponents of the initiatives argue that hydrogen fuel and fuel cells may never be commercialized
and that the initiatives draw funding away from near-term technologies such as hybrid vehicles.
Further, some argue that research and development alone will not reduce petroleum dependence
and that Congress should instead consider tightening fuel economy standards for all vehicles. As
noted earlier, Congress did tighten fuel economy standards for all vehicles in the Energy
Independence and Security Act of 2007 (P.L. 110-140).
Hybrid Vehicles
Hybrid gasoline/electric (and diesel/electric) vehicles have become increasingly popular in the
United States. Hybrids combine a gasoline (or diesel) engine with an electrical motor system to
improve efficiency. If their use becomes more widespread, they could help improve the overall
efficiency of the vehicle fleet and could help limit oil consumption. Further, they could do so
without significant changes to existing infrastructure, which has been a key barrier to the
expanded use of alternative fuel vehicles.
Because of their energy and environmental benefits, some states have provided drivers of hybrid
vehicles an exemption from high occupancy vehicle (HOV) lane requirements. Under the 1998
surface transportation bill (which expired on September 30, 2003), states had the authority to
grant HOV exemptions for so-called “Inherently Low Emission Vehicles” (ILEVs). The ILEV
standard requires that a vehicle have no evaporative emissions, a standard that is not met by any
current hybrid. However, because of the reduced emissions and improved fuel economy of hybrid
vehicles, there has been congressional interest in explicitly granting states the right to exempt
them from HOV lane requirements. While not addressing hybrids directly, the final version of the
2005 surface transportation reauthorization act (P.L. 109-59) permits states to exempt certain
high-efficiency vehicles from HOV restrictions.
Further, as was stated above, the Energy Policy Act of 2005 and the Emergency Economic
Stabilization Act of 2008 expanded the incentives for the purchase of hybrid and plug-in hybrid
vehicles (see “Vehicle Purchase Tax Incentives” above).
Advanced Technology Vehicles Manufacturing (ATVM)
Loan Program36
In addition to more stringent fuel economy standards, EISA also established a program to provide
direct federal loans for the establishment of new facilities or retooling of existing facilities in the
United States to produce highly fuel efficient vehicles. The Advanced Technology Vehicles
(...continued)
$400 million for FY2008.
35 For more information on the Bush Administration’s initiatives, see CRS Report RS21442, Hydrogen and Fuel Cell
Vehicle Research and Development (R&D): FreedomCAR and the President’s Hydrogen Fuel Initiative, by Brent D.
Yacobucci.
36 For more information on the ATVM program, see CRS Report R42064, The Advanced Technology Vehicles
Manufacturing (ATVM) Loan Program: Status and Issues, by Brent D. Yacobucci and Bill Canis.
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Manufacturing (ATVM) Loan Program, administered by DOE’s Loan Programs Office, has
authority to provide up to $25 billion in direct loans to automakers and parts suppliers to build,
expand, or re-equip plants for production of vehicles with at least 25% higher fuel economy than
comparable MY2005 vehicle. The program been controversial as some critics question whether
other existing policies, such as stricter vehicle fuel economy standards, already promote the same
technologies, and whether the ATVM program effectively subsidizes compliance with those
standards. The Government Accountability Office has also questioned whether DOE has the
technical expertise to asses the loan applications it has received and evaluate the performance of
projects it has approved.
For Additional Reading
California Energy Commission. ABCs of AFVs: A Guide to Alternative Fuel Vehicles.
Sacramento, CA. November 1999.
Electric Drive Transportation Association. Technology/Vehicle Overview. Washington, DC.
Updated December 2010. http://www.electricdrive.org
Fuel Cells 2000. Online Fuel Cell Information Center. Washington, DC. Updated December
2010. http://www.fuelcells.org/
Methanol Institute. Methanol Institute Homepage. Washington, DC. Updated March 2010.
http://www.methanol.org/
National Biodiesel Board. Biodiesel Basics. Jefferson City, MO. Updated January 2010.
http://www.biodiesel.org/resources/biodiesel_basics/
National Hydrogen Association. General Information. Washington, DC. Updated January 2010.
http://www.hydrogenassociation.org/general/index.asp
Natural Gas Vehicles for America. About NGVs. Washington, DC. Updated December 2010.
http://www.ngvc.org/about_ngv/index.html
Propane Education and Research Council. Autogas. Washington, DC. Updated December 2009.
http://www.propanecouncil.org/propane-as-fuel/
Renewable Fuels Association. Ethanol Industry Outlook 2010. Washington, DC. February 2010.
http://www.ethanolrfa.org/pages/annual-industry-outlook
U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy. Alternative
Fuels Data Center. Washington, DC. Updated October 2010. http://www.eere.energy.gov/afdc//
U.S. Department of Energy. Fuel Cell Report to Congress. Washington, DC. February 2003.
——. National Hydrogen Energy Roadmap. Washington, DC. November 2002.
U.S. Government Accountability Office (formerly Government Accounting Office). Energy
Policy Act of 1992: Limited Progress in Acquiring Alternative Fuel Vehicles and Reaching Fuel
Goals. Washington, DC. February 2000. RCED-00-59.
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——. Tax Incentives for Petroleum and Ethanol Fuels. Washington, DC. September 2000.
RCED-00-301R.
Author Contact Information
Brent D. Yacobucci
Section Research Manager
byacobucci@crs.loc.gov, 7-9662
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