A Legal Analysis of the Effects of the Renewable Fuel Standard (RFS2) and Clean Air Act on the Commercialization of Biobutanol as a Transportation Fuel in the United States

GCB Bioenergy, Vol. 4, pp. 107-118, 2012

12 Pages Posted: 24 Sep 2011 Last revised: 16 Jun 2012

See all articles by Timothy A. Slating

Timothy A. Slating

University of Illinois Energy Biosciences Institute

Jay P. Kesan

University of Illinois College of Law

Date Written: September 12, 2011

Abstract

Biobutanol is currently a hot topic within discussions about second-generation biofuels. Its advocates point to the fact that it possesses a higher energy content than traditional bioethanol and, most importantly, that it is compatible with existing fuel distribution infrastructure. While traditional biobutanol production processes have long since suffered from an inability to produce it in an economically viable manner, several recent technological advances have spurred interest from the private sector and several companies are now actively pursuing the commercialization of biobutanol as a transportation fuel. As such, an analysis of the legal and regulatory frameworks affecting this commercialization is highly relevant. In this study, we detail and analyze the two most import regulatory frameworks affecting the successful commercialization of biobutanol as a transportation fuel in the US. First, we provide a thorough description of the U.S. Renewable Fuel Standard (“RFS2”) and analyze its impact on biobutanol commercialization efforts. Next, we address the U.S. Clean Air Act’s so-called “substantially similar” prohibition and detail the three distinct regulatory paths it creates for biobutanol commercialization. Finally, we conclude by exploring ways in which these regulatory frameworks could be altered in order to mitigate unjustified regulatory burdens. While our study focuses on the commercialization of biobutanol, its regulatory descriptions and analysis are equally informative in regards to the commercialization of other alcohol-based biofuels.

Keywords: Biobutanol, biofuel, Renewable Fuel Standard, RFS2, Clean Air Act

Suggested Citation

Slating, Timothy A. and Kesan, Jay P., A Legal Analysis of the Effects of the Renewable Fuel Standard (RFS2) and Clean Air Act on the Commercialization of Biobutanol as a Transportation Fuel in the United States (September 12, 2011). GCB Bioenergy, Vol. 4, pp. 107-118, 2012 , Available at SSRN: https://ssrn.com/abstract=1932385 or http://dx.doi.org/10.2139/ssrn.1932385

Timothy A. Slating (Contact Author)

University of Illinois Energy Biosciences Institute ( email )

2122 Institute for Genomic Biology
1206 W. Gregory Dr.
Urbana, IL 61801
United States

Jay P. Kesan

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-7887 (Phone)
217-244-1478 (Fax)

HOME PAGE: http://www.jaykesan.com

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