Petroleum Refining: Economic Performance and Challenges for the Future

Congressional research reportJun 3, 2008

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Petroleum Refining:

Economic Performance and

Challenges for the Future

Updated June 3, 2008

Robert Pirog

Specialist in Energy Economics

Resources, Science, and Industry Division

Petroleum Refining:

Economic Performance and

Challenges for the Future

Summary

The petroleum refining industry provides products that are critical to the

functioning of the economy. Virtually all transportation, land, sea, and air, is fueled

by products that are refined from crude oil. Industrial, residential, and commercial

activities, as well as electricity generation, use petroleum-based products. Along with

volatile changes in crude oil prices, the industry has faced evolving health, safety,

and environmental requirements which have changed and multiplied product

specifications and required capital investment in refineries.

Since the late 1990s, the industry has undergone significant structural change

which might alter its profitability requirements, its ability to provide stable product

volumes to the consuming market, and its ability to adapt to current and future

environmental requirements.

Two significant structural changes characterize the industry. Mergers,

acquisitions, and joint ventures have changed the ownership profile of the industry,

altering concentration patterns both regionally and nationally. A change in the

business model from an integrated component, to a stand-alone profit center, has

focused attention on earning competitive profit rates at each stage in the production

chain. Evidence suggests that the new market structure and business model might

demand better economic performance from the industry. Regulatory compliance to

meet congressionally mandated environmental standards, both on refined products

and refinery sites, requires substantial capital investment by refiners, and has resulted

in reduced profitability, according to the Energy Information Administration (EIA).

To the extent that continued capacity expansion and technological investments are

reduced, or not undertaken, because of low historical rates of return (even though

recent returns are higher) U.S. dependence on imported refined products might

increase, or product markets could be disrupted by shortages and price spikes.

As the 110th Congress considers energy legislation, it is likely to be concerned

with domestic energy security and market stability, issues linked to the performance

of the petroleum refining industry. Increased imports of refined products, particularly

motor gasoline, combined with growing imports of crude oil, could make the United

States increasingly vulnerable to shocks originating in the world oil market.

Importing motor gasoline into the United States in appropriate volumes may become

increasingly difficult because of the unavailability of world supplies consistent with

U.S. fuel specification requirements.

This report will be updated.

Contents

Refining Economics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Defining Profitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Performance of the Refining Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Changing Structure of U.S. Refining Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Challenges Facing the Refining Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Environmental Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Capital Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Production and Growth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Imports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Permits and Regulatory Uncertainty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

List of Figures

Figure 1. U.S. Refining Capital Expenditures for FRS Companies, 1988-2001 21

List of Tables

Table 1. U.S. Real Price Spread Between Light Crude Oil and Heavy Crude Oil,

1983-2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Table 2. U.S. Real Price Spread Between Motor Gasoline and Residual Fuel Oil,

1983-2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Table 3. Refining Margins of U.S. Major Oil Refiners, 1993-2006 . . . . . . . . . . . 7

Table 4. U.S. Refinery Output,1991-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Table 5. Domestic Refining/Marketing Return on Investment for FRS

Companies, 1991-2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Table 6. Refinery Capacity and Utilization, 1991-2006 . . . . . . . . . . . . . . . . . . . 11

Table 7. U.S. Refining/Marketing Net Income, 1995-2005 . . . . . . . . . . . . . . . . 12

Table 8. Top Twenty U.S. Refiners, 1980-2005 . . . . . . . . . . . . . . . . . . . . . . . . . 14

Table 9. Refining Concentration by PADD . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Table 10. Imports of Petroleum Products, 1992-2006 . . . . . . . . . . . . . . . . . . . . 24

Petroleum Refining:

Economic Performance and

Challenges for the Future

The petroleum refining industry processes crude oil and produces a variety of

products that are used in the transportation, residential, commercial, and industrial

sectors of the economy. In 2007, over two thirds of refinery output went to

transportation uses, nearly a quarter went to industrial uses, and the remainder was

used in residences, commercial activities, and electricity generation. The

transportation sector remains the most heavily dependent on petroleum, drawing over

95% of its fuel needs from refineries.

Because the refining industry plays such a key role in providing energy for the

U.S. economy, its structure and economic condition are matters of national interest.

In recent years, the industry has undergone significant change. The traditional

industry model, based on ownership by vertically integrated oil companies with

profitability viewed within the context of a linked supply chain, has been altered by

companies and joint ventures whose primary business is refining. Increasingly, the

business model for these firms, as well as the integrated oil companies, is the standalone profit center. Refiners now must earn market rates of return for investors, as

well as returns sufficient to make investments in expansion, technological

improvements, possible business restructuring, and to meet environmental

regulations, both with respect to refined product specifications and refinery site

operations and expansion.

Should the industry fail to meet these market-based performance standards,

policy makers may be faced with the prospect of weighing the costs and benefits of

decisions taken to mitigate supply and price volatility, especially in gasoline

markets. If the industry determines that it is unable to invest sufficiently to meet

projected demand increases, additional supplies of refined products will likely be

imported. If imports were to increase significantly, policy makers might need to

prioritize the needs of the local markets within the context of national energy security

goals. The ability of the refining industry to meets its economic challenges will

likely determine, in part, the nature of the energy challenges facing Congress. This

report seeks to describe the recent performance of the refining industry, to evaluate

the structural changes that are occurring in the industry, and to analyze the nature and

effects of the challenges confronting the industry.

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Refining Economics

When considering the economic performance of a petroleum refiner, several

characteristics should be noted. First, the production process is capital intensive, and

technological improvements are embodied through investments in the basic refinery.

As a result, any circumstance which affects the availability, or allocation, of capital

investment can have significant structural effects on the firm and the industry.

Second, the major variable cost in the production process is crude oil, the price of

which is determined in the world petroleum market. Third, while labor and other

variable costs are relatively small fractions of total costs, a great deal of attention is

given to minimizing them in the interests of enhancing profit margins. Finally,

regulatory costs, both capital and operational, required to meet congressionally

mandated environmental standards on both refined products and refinery sites,

increase as new requirements are phased in.

Evaluating the economic performance of the petroleum refining industry is

complicated by the fact that many refineries can use crude oil of lower quality as an

input, while others cannot. Crude oil can be of lighter or heavier density, as well as

having a higher or lower sulfur content. The density of the crude oil is important

because, in general, a lighter crude oil input yields a lighter product mix. A lighter

product mix is important because lighter products are generally in higher demand,

and yield higher prices for the refiner.

Does this mean, then, that refineries that are able should always use the lightest

crude oil available? Not necessarily, if the crude oil market pricing mechanism is

working well. The market compensates for differences in the quality of crude oil by

a price differential, the light-heavy price spread. However, at any given time, the

actual, specific spread value for any set of crude oils is also influenced by relative

availability on the world market as well as the location of the oil. As a result, the

value of the spread changes, and, at any given time, the purchase of either light or

heavy crude might be warranted by economic conditions, if technologically feasible

for the refiner.

Table 1 shows the behavior of the light-heavy price spread, over time, measured

in constant dollars. Following a historic peak in the late 1970s, the spread dropped

sharply with the general collapse in the price of oil in the mid-1980s. In the early

1990s, the spread increased relative to the low values of the late 1980s, and, as a

result, during the 1990s, U.S. refiners invested heavily in technologies that allowed

the use of heavier crude oil inputs. These investments led to stronger demand for

heavy crude oil, effectively raising its price and reducing the magnitude of the

spread, as well as the profit potential of those investments. During the recent period

of increased crude oil prices, from 2004 through 2007, the spread between light and

heavy oils has again increased, reaching record levels in 2006. By January 2008, the

spread had increased to $18.79, another record. In the longer term, it may well be

that the relative quantities of light and heavy crude oils available on the market will

continue to shift toward the heavier oils. This shift, if it continues, might still

validate the financial investments made by refiners in the 1990s and encourage

additional investment in refinery enhancement.

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Table 1. U.S. Real Price Spread Between Light Crude Oil and

Heavy Crude Oil, 1983-2007

(Dollars Per Barrel)

Year

Spread

Year

Spread

1983

8.10

1996

5.10

1984

3.97

1997

6.43

1985

3.40

1998

6.19

1986

4.07

1999

5.08

1987

2.43

2000

7.61

1988

3.49

2001

8.83

1989

4.23

2002

5.37

1990

6.59

2003

7.03

1991

9.09

2004

10.63

1992

8.06

2005

14.23

1993

5.78

2006

14.94

1994

4.49

2007

14.62

1995

3.47

Source: Energy Information Administration, Petroleum Marketing Monthly, April 2008, Table 24,

p. 49.

Further complications in refining economics arise from the technology of

refining. Simple refineries, those whose technology is limited to a basic distillation

process, produce low yields of light products. An output of 20 percent gasoline, 30

percent middle distillates and 50 percent heavy residuals, based on an input of

Arabian Light crude oil, might be typical. With an investment in the most

sophisticated refinery technologies, the output mix might change to as much as 60

percent gasoline, 35 percent middle distillates and 5 percent heavy residuals.

In 2007, motor gasoline earned an average refiner price of $2.18 per gallon

excluding taxes, while residual fuel oil brought an average refiner price of $1.35 per

gallon, net of taxes. This 83 cent per gallon price differential represents a premium

of almost 61% for motor gasoline compared with residual fuel oil.1 Table 2 traces

the value of the price differential between motor gasoline and heavy residual fuel oil.

Since the mid 1980s, while the differential has shown little trend, it has shown

significant volatility, this can affect expected profitability.

1

Energy Information Administration, “Petroleum Marketing Monthly”, March 2007, Tables

35, 42. Calculation of averages by the author.

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Table 2. U.S. Real Price Spread Between Motor Gasoline and

Residual Fuel Oil, 1983-2007

(Cents per gallon)

Year

Spread

Year

Spread

1983

27.3

1996

29.3

1984

17.8

1997

31.3

1985

25.8

1998

24.6

1986

22.6

1999

29.1

1987

20.4

2000

39.7

1988

27.7

2001

41.0

1989

29.4

2002

29.8

1990

37.2

2003

34.1

1991

38.5

2004

60.7

1992

36.9

2005

70.0

1993

33.3

2006

83.3

1994

28.2

2007

83.2

1995

26.3

Source: Energy Information Administration, Petroleum Marketing Monthly, April 2008, Table 4, p.

13.

The most advantageous market position for a complex refinery that has invested

in the capability to produce a light product mix from a heavy crude input is a large

price spread between light and heavy crude and also a large spread between light and

heavy products. In that environment, similar to that observed in 2007, a refiner can

buy heavy crude to minimize direct input costs and sell a light product mix at

relatively high prices to enhance the gross margin per barrel.

The potential for economic gain represented by these two price spreads form the

incentive for investing in more complex processing units in the refining process.

While these units enhance economic performance, they require substantial capital

investment, usually billions of dollars. In 2005, refinery capital expenditures by the

Financial Reporting System (FRS) companies in the United States totaled $15 billion,

up from $8.1 billion in 2004, likely reflecting the high returns earned by refiners in

2004 as well as other factors.2 However, in 2006 refinery investment declined to $11

billion, a decline of 27%, when compared to 2005. Additionally, $5.7 billion was

spent by the FRS companies in foreign refinery capital expenditures in 2006, an

2

Energy Information Administration, Performance Profiles of Major Energy Producers

2006, December 2007, Table 16, Data and Charts.

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increase of 88%.3 Not all of this amount was for technological improvements or

capacity expansion; environmental based investment is also included.4

An additional factor in refining economics is crude oil sulfur content, defined

to also include the presence of heavy metals and contaminants. Low sulfur crude oil

is said to be “sweet” while crude oil with a high sulfur content is said to be “sour.”

Low sulfur crude oil sells at a premium compared to higher sulfur crude oil, because

substantial investment must be made at the refinery to reduce the sulfur content of

the product mix. These two factors, crude oil density and sulfur content, taken

together, determine the quality differential in crude oil prices. At any point in time,

refiners strive to run an optimal mix of crude oils through their refineries. The

optimal mix depends on the state of the refineries’ equipment and technology, the

desired output product mix, and the price spreads on available crude oils and

products. In the longer term, the refiner must decide whether to continue to invest

in new technologies as they become available, based on expected future values of

these factors.

Defining Profitability

Measures of economic performance in the refining industry usually begin with

the gross margin. The gross margin is defined as the difference between the

wholesale composite product price and the composite refiner acquisition cost of

crude oil. Both the product price and the acquisition cost of crude oil must be

composites, or weighted averages, because they reflect the multi-product nature of

refinery output as well as the multi-grade character of the crude oils used as refinery

inputs. The gross margin is a simple, first approach to refinery profitability. It is

computed as the total revenues from product sales minus the cost of the largest single

input in refinery operations, crude oil. However, other inputs are used and they too

generate costs, which leads to the net margin. The net margin is defined as the gross

margin minus petroleum product marketing costs, internal energy costs and other

operating costs. Both margins are usually expressed on a per barrel basis.

Over time, crude oil prices have been volatile, reflecting international political

and economic events. Both margins normally respond inversely to movements in the

price of crude oil. Other things held equal, an increase in crude oil prices would

reduce a positive margin and a decline in the price of oil would expand the margin.

Of course, other things are rarely equal. Changes in the price of crude oil may be

passed on to consumers of petroleum products. However, refiners’ ability to pass on

price increases and maintain sales volumes may not be equal for each component of

the product mix produced by the refinery. As a result, in practice, margins may

3

Energy Information Administration, Performance Profiles of Major Energy Producers,

2006, December 2007, Table 16, Data and Charts.

4

The FRS companies are those major energy companies that report to the Energy

Information Administration’s Financial Reporting System (FRS). To be included as a major

energy company the firm must satisfy at least one of the following: control at least 1% of

U.S. crude oil production or reserves, control at least 1% of U.S. natural gas production or

reserves, or control at least 1% of U.S. crude oil distillation capacity or product sales. In

2001 the FRS companies share of refined product output was 85%.

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increase or decrease when the price of oil increases. Additionally, in some cases, the

event which accounted for the change in crude oil prices might itself alter specific

product demand levels. For example, when expectations concerning the onset of war

in Iraq drove up crude oil prices, they also reduced the demand for air travel, and

hence, jet fuel. Lower demand for air travel made it difficult for refiners to pass on

cost increases of crude oil while maintaining sales volumes for jet fuel.

As a result of these factors, margins are not stable, or even predictable, during

periods of crude oil price volatility. The outcome tends to depend on the nature and

magnitude of the crude oil price change as well as the level of demand in the product

markets. Over time, persistently low margins may have important consequences for

the industry. Low margins may lead to reduced refinery investment which ultimately

can lead to constrained domestic capacity and higher product prices. But low

margins also put pressure on refiners to reduce operating costs and spread fixed costs

over larger production runs in an effort to enhance margins.

The relationships between crude oil quality, product price mix, and

technological improvement make capital investment management important to the

refining industry. In refining, there are several competing demands for investment

funds. Capacity expansion is necessary to keep pace with growing demand. Siting

a new refinery is a long and expensive process. As a result, virtually all U.S.

capacity expansion in the last decade or more has come from enhancing and

modifying existing refineries. Technological investments can improve refinery

economics by allowing refiners to use cheaper heavy, sour, crude oils as inputs and

still produce a light, high value mix of products. Finally, investment must be

undertaken to keep both the refinery site and the products it produces in compliance

with evolving environmental standards. The issues surrounding refinery investment

are covered later in this report.

The most widely used measure of economic performance in the refining industry

is return on investment (ROI).5 As with the gross and net margins, assessing this

measure requires care. First, refining returns are usually reported together with

returns from marketing, largely determined by motor vehicle gasoline retail sales.

Marketing net income can also be affected by credit card business performance and

convenience store profits, neither of which is directly associated with the core

business of refining petroleum products. Second, depending on accounting

procedures and transfer pricing rules, an integrated oil company might report profit

as earned in various business activities of the company, contrasted to a company

whose only business is refining. Third, depreciation reduces the net value of assets

over time creating an upward bias in ROI over time for any specified level of net

income. Fourth, business strategy decisions, such as whether to distribute products

at the retail level through company-owned service stations, or through franchises, can

alter the measured ROI by affecting the invested capital base.

5

The EIA in compiling FRS data defines return on investment as net income earned by the

U.S. marketing/refining line of business (excluding unallocated items, mainly interest

expense) as a percentage of net fixed assets involved in U.S. refining and marketing.

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Performance of the Refining Industry

Table 3 provides historical data on refining margins for U.S. major refining

firms in the FRS survey. Net margins have generally increased since the late 1990s,

except for a sharp decline in 2002. The relationship between the net and gross

margins was variable. For most of the year-to-year changes, the two margins track

each other, but in 1992-1993, and again in 1997-1998, and again in 2003-2004, the

gross margin decreased while the net margin increased. Net margins recovered in

2003 from the poor performance of 2002. Refining margins reached record highs in

2005 and remained high into 2007.

Table 3. Refining Margins of U.S. Major Oil Refiners, 1993-2006

(inflation adjusted dollars per barrel)

Year

Gross Margin

Net Margin

1993

8.63

0.91

1994

7.46

0.89

1995

6.77

0.60

1996

7.80

1.05

1997

8.01

1.74

1998

7.08

1.77

1999

6.30

1.27

2000

7.95

2.51

2001

8.60

2.99

2002

6.89

0.21

2003

8.36

2.18

2004

8.05

2.56

2005

10.18

3.62

2006

12.10

5.29

Source: Energy Information Administration, The U.S. Petroleum and Gasoline Marketing Industry,

Table 5, updated August 2004, and Performance Profiles of Major Energy Producers 2006, Table

14, Data and Charts. Margin data are expressed in terms of 2005 dollars (price adjusted) and on the

basis of dollars per barrel, where a barrel equals 42 gallons.

Two factors, which reflect refinery economics, emerge from the data underlying

these margins. First, general operating costs declined by about 50 percent over the

period. The refining industry has exerted significant effort in controlling cost and

enhancing efficiency. Second, energy costs related to the production process within

the refineries have declined. This is the result of significant effort by the refining

industry to harness waste energy and apply it to productive purpose in the interest of

reducing costs. For most of the period, the combination of volatile prices for crude

oil and refined products offset the increases in efficiency implemented at refineries

yielding low and volatile margins. After 2002, the financial performance of the

industry was enhanced by the rising petroleum product prices in the wake of the war

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in Iraq, demand growth in China and other consuming nations, and the shortages that

resulted from refinery closures in the aftermath of hurricane Katrina.

Table 4 shows the mix of U.S. refinery outputs through 2006. Over-all output

increased, but not uniformly across the product lines. Motor gasoline output

increased through 2006, but was supplemented with imports of both finished gasoline

as well as blend stocks, to meet demand. Distillate fuel output, including diesel fuel

and home heating oil, also increased. Jet fuel output was a relatively stable

component of output, while residual fuel oils, the heavy component of the product

mix, declined.

Table 4. U.S. Refinery Output,1991-2006

(millions of barrels per day)

Motor

Gasoline

Jet Fuel

Distillate

Fuel Oil

Residual

Fuel Oil

Other

Products

Total

1991

6.97

1.44

2.96

0.93

2.96

15.26

1992

7.05

1.40

2.97

0.89

3.09

15.40

1993

7.30

1.42

3.13

0.83

3.11

15.79

1994

7.18

1.45

3.20

0.83

3.13

15.79

1995

7.46

1.42

3.15

0.78

3.96

15.99

1996

7.56

1.51

3.32

0.73

3.20

16.32

1997

7.74

1.55

3.39

0.71

3.37

16.76

1998

7.89

1.53

3.42

0.76

3.43

17.03

1999

7.93

1.56

3.40

0.70

3.40

16.99

2000

7.95

1.61

3.58

0.70

3.40

17.24

2001

8.02

1.53

3.69

0.72

3.32

17.28

2002

8.18

1.51

3.59

0.60

4.59

17.27

2003

8.19

1.49

3.71

0.66

3.44

17.49

2004

8.26

1.55

3.81

0.65

3.54

17.81

2005

8.31

1.55

3.95

0.63

3.45

17.71

2006

8.32

1.48

4.04

0.63

3.43

17.91

Year

Source: Energy Information Administration, Annual Energy Review 2006, Table 5.8, p. 139.

In 2004, refiners experienced a market characterized by increasing demand for

most products and increasing prices for refined products, along with rising prices for

crude oil. The potential for instability in crude oil supplies began to play a role in

late 2003, and affected the market even more in 2004, through 2006, continuing into

2008. Crude oil prices, as measured by the composite refiner acquisition cost, began

2004 at $30.93 and ended the year at $36.60, with an average price of $36.98,

reflecting concerns of the effects of war with Iraq, growing world demand, and

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instability in other oil producing parts of the world.6 While motor gasoline demand

for 2004 increased by about 1%, the price of gasoline increased by about 24%. Jet

fuel demand increased by about 4% and the price of jet fuel rose by almost 38%.

Distillates demand increased by about 3% while the price increased by about 24%.

Residual demand decreased by about 1%, but the average price increased by about

6%. Overall, refined product revenues for the FRS companies increased by about

26% from 2004 to 2005 and total refined product costs rose by almost 21%.

Data for 2005 and 2006 suggest a much stronger financial performance for the

refining industry. Crude oil prices, based on the refiner’s average composite

acquisition cost, averaged over $50 per barrel in 2005, and over $60 per barrel in

2006. This led to dramatic spikes in motor gasoline prices and other petroleum

product prices. The airline industry has continued to show weak demand for jet fuel,

but the cold winter periods increased the demand for heating oil, and diesel fuel

demand continued to increase. In the short term, the demand for most petroleum

products appears to be relatively inelastic with respect to price, meaning that the

rising cost of crude oil can be passed on to consumers with little loss in sales volume

yielding high net income for refiners when oil prices are high.7

Table 5 provides an overview of profitability for the refining and marketing

sectors of the FRS’s companies, measured by ROI. The values for ROI are

complicated by the joint reporting of refining and marketing as noted earlier in this

report. These two sectors have different capital intensities and different age profiles

for their capital stocks leading to differing values of invested capital, net of

depreciation. The data shown in Table 5 are somewhat at odds with other measures

of industry activity, especially those related to capital investment. Even though ROI

has become negative twice in the data set, production rates and industry capacity

continue to expand, suggesting that an incentive for capital investment exists. How

might this behavior be explained? For the integrated oil companies, even though

profit rates might have been low and volatile in refining and marketing, it is possible

that the firm as a whole made adequate returns from other parts of the business,

notably, the production of crude oil. However, this explanation is not consistent with

the profit center business model the industry appears to be adopting. For the nonintegrated oil refiners who constitute a larger component of the industry since the

wave of merger and acquisition activity of the late 1990s, this explanation is not

applicable. The data in the Table 5 indicate that in 2000, ROI in domestic refining

and marketing was 9.6%, rising to 14.5% for 2001, an increase in the rate of return

of over 50%. The declining margins of 2002 left the ROI in the negative range for

that year, the first negative returns since 1992. For 2003, the FRS companies

6

Petroleum price data from the Energy Information Administration, Petroleum Supply

Monthly, Table 1, Crude Oil Prices, November, 2003. The prices reported by the EIA in this

table are the composite refiner acquisition price of crude oil which is a weighted average of

the prices refiners paid for domestic as well as imported crude oil.

7

Economists define demand to be inelastic when a specified change in price, say a 1%

increase, yields a decline in quantity demanded of less than one percent. Petroleum product

demand is more elastic in the longer term, as consumers are more able to adjust their

decisions to the higher prices.

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domestic ROI from refining and marketing rose to 9.3%, setting the stage for the

even higher returns earned in 2004 through 2006.8

Table 5. Domestic Refining/Marketing Return on Investment for

FRS Companies, 1991-2006

Year

Percent Return

on Investment

1991

1.95 %

1992

-0.44 %

1993

3.38 %

1994

3.56 %

1995

1.00 %

1996

4.36 %

1997

6.59 %

1998

7.90 %

1999

6.54 %

2000

9.64 %

2001

14.46%

2002

-1.70%

2003

9.30%

2004

18.60 %

2005

23.50 %

2006

25.60%

Source: Energy Information Administration, Performance Profiles of the Major Energy Producers

2006, December 2007, Figure 6, Data and Charts.

The American Petroleum Institute computes statistics comparing the

profitability, based on ROI, in oil and gas production and refining and marketing, to

the returns earned by the Standard and Poor’s (S&P) Industrials, which they use as

a proxy for average returns to American industry. The American Petroleum Institute

found that the 2001 performance of the refining/marketing sector, 14.4%, represented

one of the few times that this sector outperformed both the S&P Industrials as well

as the oil and gas production sector. In 2001, the S&P Industrials earned 7% and oil

and gas production earned 13.1%. The averages over the past five and ten years tell

a different story, however. Ten year average returns for the S&P Industrials were

11.7% and the five year average was 14.3%. These figures compare with

refining/marketing average returns of 5.4% and 9.1% over the same periods.

8

Energy Information Administration, Performance Profiles of Major Energy Producers,

March 2005, Table B.8, p. 75.

CRS-11

Comparable average rates of return for oil and gas production were 8.4% and 10.3%.9

Table 6 shows that production capacity and capacity utilization are less volatile than

the returns earned by the industry and show relatively steady incremental increases

over the period.

Table 6. Refinery Capacity and Utilization, 1991-2006

Operable Refineries

Year

Number

Capacity

(thousand of barrels per day)

Utilization

(percent)

1991

202

15,707

86.0

1992

199

15,460

87.9

1993

187

15,143

91.5

1994

179

15,150

92.6

1995

175

15,346

92.0

1996

170

15,239

94.1

1997

164

15,594

95.2

1998

163

15,802

95.6

1999

159

16,282

95.6

2000

158

16,512

92.6

2001

155

16,582

92.6

2002

153

16,744

90.2

2003

149

16,748

92.6

2004

149

16,794

93.0

2005

148

17,196

90.6

2006

149

17,339

89.7

Source: Adapted from Energy Information Administration, Annual Energy Review, 2006,

Table 5.9, p. 141.

Domestic refining capacity has generally increased incrementally since 1993,

with total growth of about 15%. Refinery inputs have increased by approximately

11% over the period, with the slack being picked up by capacity utilization, which

ranged from a low of 87.9% to a high of 95.6% during the period, as well as refinery

gain. High capacity utilization rates leave a slim margin available to meet any

increase in demand, raising, at least the potential, of market disruptions, either

shortages or price spikes, in the retail market. High utilization rates also increase

potential system unreliability due to stress, damage, and difficulty in scheduling

down time for maintenance, repairs, and investment activities.

9

Michael A. Lobue, Challenges Facing U.S. Refiners, Presentation at NEMS/AEO

Conference, March 18, 2003.

CRS-12

While the picture of low and volatile returns might be considered somewhat

inconsistent with steady capacity growth and high capacity utilization rates, one

measure of return, refining/marketing net income, might be helpful in understanding

the data. Table 7 shows net income data for the FRS companies from 1995 to 2006.

Table 7. U.S. Refining/Marketing Net Income, 1995-2005

(million dollars)

Yearly Growth

(percent)

Year

Net Income

1995

508

1996

2,251

343

1997

3,106

38

1998

5,932

91

1999

4,883

-18

2000

7,659

57

2001

11,951

56

2002

-1,350

-119

2003

7,434

650

2004

15,197

105

2005

20,963

38

2006

24,313

16

Source: Energy Information Administration, Performance Profiles of the Major Energy Producers,

2005 and 2006.

Net income increased every year except 1999 and 2002. The year-to-year

changes in net income indicate substantial volatility; however, most of it was

favorable to the industry. While the change from 1995 to 1996 was a gain of over

340%, the change from 2001 to 2002 represented a decline of almost 120%,

associated with a $1.3 billion loss for the sector. The total number of dollars earned

rose from $508 million in 1995 to $11.9 billion in 2001, a twenty fold increase,

before turning into a loss in 2002. This increase in cash flow from the refining sector

could account for much of the interest the industry has shown in acquiring, investing

in, and operating refineries in the face of low rates of return on investment. Net

income declined sharply in 2002, falling to a loss of $1.35 billion for the FRS major

energy firms. Data for 2003 show a recovery in net income, with $10.2 billion being

earned from refining and marketing by the FRS firms. By 2006, net income from

refining and marketing had more than tripled compared to 2003.

Changing Structure of U.S. Refining Industry

The refining industry grew from 1973 to 1981. In 1973, there were 268

refineries with a capacity of 13.64 million barrels per day in the U.S., and by 1981,

there were 324 refineries with a capacity of 18.62 million barrels per day. As shown

CRS-13

in Table 6, by 2006 the number of refineries had declined to 149 with a capacity of

17.3 million barrels per day. Over the period 1981 to 2006, the number of refineries

declined by over 50% while the total capacity of the sector declined by about 8%.

Ownership of refining assets has changed as well. Table 8 shows the top twenty

U.S. refiners, rated by capacity. Several observations can be made about this table.

First, in 1980, ownership of refineries was largely held by the major, integrated U.S.

oil companies. In 2006, significant foreign ownership existed, including British

Petroleum, PLC, the fourth largest refiner, and PDV America, a subsidiary of the

Venezuelan national oil company. Second, the period since 1981 has seen significant

merger and acquisition activity within the U.S. oil industry as oil companies sought

to acquire expanded crude oil reserves as well as other assets through acquisition and

merger with other firms. As a result of mergers, acquisitions, and corporate strategy,

the ownership of many specific refineries has changed hands, even though the total

capacity of the corporate entity has remained relatively stable. For example, the

Bayway refinery in Linden, New Jersey, with a current capacity of 238,000 barrels

per day was owned by ExxonMobil, but is now owned by ConocoPhillips; Conoco

and Phillips Petroleum were separate companies in 2001. Third, the industry now

has significant capacity operated by firms that are not integrated oil companies at all,

but specialize in only a part of the petroleum supply chain. Fourth, specific joint

venture organizations, (e.g., Motiva Enterprises) have been created to engage

specifically in refining. Joint ventures have become common because they allow for

significant cost and risk reductions through asset sharing and rationalization, but do

not require the financial and institutional stresses of a more direct union through

merger or acquisition.

CRS-14

Table 8. Top Twenty U.S. Refiners, 1980-2005

(thousand barrels per day)

1980

Company

Exxon

Standard of California

Standard of Illinois

Shell

Texaco

Gulf

Mobil

Atlantic Richfield

Sun

Marathon

Union

Ashland

Standard of Ohio

Conoco

Phillips

Cities Service

Union Pacific

Coastal

Getty

Tosco

Capacity

1,557

1,383

1,238

1,123

1,059

949

835

811

521

513

490

462

452

448

397

291

283

278

261

260

2006

Company

Valero

ExxonMobil

ConocoPhillips

BP PLC

Chevron

Marathon Oil

Sunoco

PDV America

Koch Industries

Motiva Enterprises

Tesoro Corp

Royal Dutch Shell

WRB Refining LLC

Deer Park Refining

Lyondell Chemical

Total SA

Chalmette Refining

Sinclair Oil Corp

Frontier Oil Refining

Murphy Oil Corp

Capacity

2,219

1,862

1,778

1,460

1,011

974

903

812

777

762

567

532

452

333

270

232

193

161

154

154

Source: American Petroleum Institute, Basic Petroleum Data Book, Section VIII, Table 11, October

2007.

The characteristics of the refining industry suggest that significant structural

change has occurred over the past twenty years. Much of that change can be

attributed to the forces of economic rationalization rather than to economic decline.

However, even if it can be determined that the industrial structure today is stronger

than that of the past, it still may be that the industry is not fully capable of meeting

the challenges of the future.

One of the most obvious structural changes undergone by the industry is the

number and size of available refineries. Clearly the number of refineries has sharply

decreased. Three factors play a role in explaining the decline: the end of government

regulation, technological developments, and economic reality.

The Emergency Petroleum Allocation Act of 1973 (P.L. 93-159) attempted to

ensure an equitable distribution of petroleum products, establish equitable prices, and

preserve the independent sector of the oil industry at a time when oil market

relationships were in disarray after the oil embargo of 1973. Through its SupplierPurchaser Rule, the Buy-Sell Program, and the Crude Oil Entitlement Program, all

of which tried to protect small, independent refiners, the act had the effect of

CRS-15

increasing the incentive to build and own small refineries, many of which were

inefficient. Between 1973 and 1981 there was a net expansion of 43 refineries (75

newly constructed, 32 old units closed). All but two of the new refineries had an

input capacity of less than 50,000 barrels per day, which was the average refinery size

in 1973. The average capacity of the new refineries that came on line over the period

was 14,900 barrels per day. The utilization rate of the refinery sector declined

during the expansion phase. In 1973, the capacity utilization rate was 93.9%, but by

1981 it had fallen to 68.6%. The industry was characterized by idle capacity, too

many producers, and many refineries too small to benefit from economies of scale.

In addition, many of the small refineries were very simple distillation facilities

unsuited to produce the product slate required by the market and environmental

requirements. As a result, a good portion of the output of these facilities was only

suited to serve as feedstock for larger, technically sophisticated refineries. President

Reagan ordered the elimination of the allocation programs that favored the small

refiners in 1981, and since then the industry has responded to market forces.10

Technological and economic rationales for the decline in the number of

refineries are linked. The market for petroleum products has become heavily skewed

toward a lighter product mix, mainly gasoline, to serve demand from the

transportation sector. Lighter product mixes are primarily produced by adding

additional technical processing units downstream from the basic distillation

procedure. The technology and economics of the industry suggest that investment

in those downstream facilities is only rational for large scale plants, due to

significant economies of scale. The net effect of these factors may be that the smaller

number of larger refineries operating in 2006 are economically and technologically

better prepared to meet the requirements of the market than the earlier structure, even

with far fewer refineries and a smaller total capacity.

Although foreign ownership of refineries on U.S. soil has increased, this may

be the result of a continuing process of internationalization of the oil industry. U.S.

major oil companies have long had a presence in all aspects of the industry around

the world. They have brought quality products as well as technological expertise and

investment to many countries. Today, with the largest oil companies even more

international in character than in the past, the United States is receiving a share of the

products, technology and investment that U.S. oil companies provided, and continue

to provide, around the world. A threat to U.S. supply security related to foreign

ownership might be possible if the owner of the refineries was controlled by foreign

governments with oil supply as well as hostile intentions to the United States, but this

does not seem to be the case in the present pattern of ownership.

Beyond the number of firms and their productive capacity, and the extent of

foreign ownership, another important part of the structure of the refining industry is

the degree of concentration. Concentration refers to the proportion of the total

market accounted for by the largest firms. In petroleum refining, concentration can

be determined on the national level and on the regional level. The results are quite

different. The largest national refining companies are not necessarily the most

10

Energy Information Administration, The U.S. Petroleum Refining Industry in the 1980’s,

October, 1990, p. 6.

CRS-16

important refiners in any given region, and the most important regional refiners are

not necessarily the national leaders.11 Table 9 shows these relationships for the

Petroleum Administration Defense Districts (PADDs).12

Table 9. Refining Concentration by PADD

(percentages)

Top 5 Refiners Share of Capacity by PADD

US

PADD1

PADD2

PADD3

PADD4

PADD5

1/1/06

49

87

63

48

51

71

1/1/02

44

90

56

53

62

69

1/1/96

32

71

48

40

59

61

National Top 5 Refiners Share of Capacity by PADD

US

PADD1

PADD2

PADD3

PADD4

PADD5

1/1/06

49

49

47

52

27

57

1/1/02

44

27

33

39

20

56

1/1/96

32

19

28

25

27

28

Note: PADD 1 includes Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine,

Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania,

Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. PADD 2 includes Illinois,

Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio,

Oklahoma, South Dakota, Tennessee, and Wisconsin. PADD3 includes Alabama, Arkansas,

Louisiana, Mississippi, New Mexico, and Texas. PADD4 includes Colorado, Idaho, Montana, Utah,

and Wyoming. PADD5 includes Alaska, Arizona, California, Hawaii, Nevada, Oregon, and

Washington.

Source: “Refining Concentration and Industry Dynamics,” Petroleum Industry Research Foundation,

Inc., N.Y., April 2002. p. 2-4, Energy Information Administration, [http://www.eia.doe.gov].

The table shows that, on the national level, the share of the industry held by the

largest five firms has increased from 32% in 1996 to 44% in 2002 and to 49% by

2006. However, the top five firms were different in 2006 than in 1996. The top

section of the table shows that concentration is generally higher on a regional level

than on the national level. The bottom part of the table reveals, however, that the

firms that dominate refining at the national level are not necessarily the same firms

that hold the largest shares of refining capacity in the PADDs.

PADD 3, which is the Gulf Coast, has the lowest regional concentration, 48%.

This region also has the second largest share held by the leading national refiners,

and the share of the national leaders has increased by 27% since 1996. However,

PADD 3 production is far greater than regional demand and pipelines connect the

major Gulf Coast refiners to other major consumption markets. As a result, refiners

11

The information on industry concentration in the PADDs draws from a report by the

Petroleum Industry Research Foundation, Inc., Refining Concentration and Industry

Dynamics, April 2002.

12

PADD is an acronym for Petroleum Administration for Defense Districts. The 50 states

and the District of Columbia were divided into five geographic districts in 1950.

CRS-17

in this region compete not only among themselves to satisfy local demand, but

against refiners in other PADDs.

PADD 5, the West Coast, presents unique features. The share held by the top

five regional refiners is over 70%, and the share held by the largest national refiners

is 57%. Several features also isolate the region from the rest of the nation. First,

there is no major finished product pipeline between PADD 5 and the rest of the

country. This effectively isolates the market from competition from other areas,

especially PADD 3, with its large refineries that compete in other regions of the

nation. Second, PADD 5 is characterized by the CARB (California Air Resources

Board) gasoline, a unique, state-mandated formulation which adds to the relative

isolation of this market by making gasoline from other areas generally unsuitable in

large portions of PADD 5. As a result, the Federal Trade Commission has been

especially active in requiring divestiture during mergers and acquisitions in this

PADD to assure continued competition. For example, both the Exxon Mobil and the

Chevron Texaco mergers required divestiture of PADD 5 refining assets by at least

one of the merging firms. Many other mergers, acquisitions, and joint ventures in

PADD 5 only achieved Federal Trade Commission approval after divestiture. In

some cases, these actions brought new competitors into the region, as when BP

acquired ARCO’s refineries.

PADD 1, the East Coast, could be characterized as an open market. While it is

connected, via pipeline, to the large refineries on the Gulf Coast, it is also accessible

to imports from overseas. Within the region the largest five national refiners have

a 49% share of the market, while the leading refiner, Sunoco, has approximately a

5% share of the national market.

PADD 4, the Rocky Mountain area, is again, similar to PADD 5, an isolated

market, but in this case the top five regional refiners hold a 51% share while the

national leaders hold a 27% share.13 PADD 2, the Midwest, has had a relatively

stable pattern of market share, and it shares with PADD 1 the characteristic of being

an open market. It is tied by pipeline to PADD 3, which supplies the region with

approximately 20% of its supplies.

In summary, even though there has been significant merger and acquisition

activity in the refining sector, the data for the period 1996 to 2001 do not indicate

sharply different patterns of industry concentration at the national or regional levels,

while concentration has increased from 2002 to 2006. Because of the economic

rationalization and concentration on core competencies that these mergers and

acquisitions seem to imply, the firms that remain in the industry might well be better

positioned for market competition.

13

As a result of the Conoco Phillips merger the share of Conoco, which was the largest

regional refiner, grew to 25% from 21%. This caused the top five share to rise to 66%.

CRS-18

Challenges Facing the Refining Industry

Historically, the major oil companies treated the refining activity as an

integrated part of a production stream that ran from exploration to final retail sale of

petroleum products. One implication of this business model was that the refining

sector was not necessarily considered to be a stand-alone profit center. Refinery

profits or losses could be integrated with other parts of the business. This model has

changed in the 2000s to one requiring each component of the supply chain to pull

its own weight, or generate sufficient profitability, to satisfy investors’ requirements

for return on invested capital. This changed business model results, at least partly,

from the entrance into the refining market of large, independent companies whose

major interest in the petroleum industry is downstream refining and marketing.14

Given the place of refined products in the economy, earning sufficient return on

invested capital in the refining industry should be possible. After all, the industry’s

output is largely characterized by products that are essential to modern life: motor

gasoline, diesel fuel, jet fuel, and other products whose demand has generally been

growing. The industry has also made significant progress in controlling operating

costs, although the most significant cost, that of crude oil, is beyond its control. The

basic challenge to the industry is to maintain a competitive ROI at the same time that

adequate capital is allocated to technological improvements, refinery expansion is

undertaken to meet forecasted increases in demand, and investments to keep refinery

products and sites consistent with environmental laws and regulations are made.15

If the refining industry is successful in meeting this challenge, a more stable market

will likely prevail. If industry is unsuccessful in meeting this challenge the market

is more likely to experience instability, characterized by supply disruptions and price

spikes, as well as an increasing dependence on foreign supplies of refined products.

Environmental Requirements

From a refiner’s point of view, most environmental requirements, whether they

affect product specification or site compliance, affect business operations in a similar

manner. They require capital investment in additional stages, or technical processes,

to be added to the refinery. The investment process begins with certification and

permit approval with regulatory agencies and, ultimately, moves to design and

construction at the refinery to implement the new processes. Some of the current,

or expected, product specification requirements that are likely to affect refiners over

the next several years include reduced sulfur content in gasoline and diesel fuels,

reductions in smog-forming compounds released during handling (vapor pressure),

reduced smog-forming emissions from vehicles (reformulated gasoline), reduced

toxics and chemical exposure during handling and storage (methyl tertiary butyl

ether (MTBE) bans), improved engine performance (drivability index), and the use

14

D.J. Peterson and Sergej Mahnovski, New Forces at Work in Refining, Industry Views os

Critical Business and Operations Trends, RAND Science and Technology, 2003, p. 14.

15

The effect of environmental requirements on industry profitability is analyzed in Energy

Information Administration, The Impact of Environmental Compliance Costs on U.S.

Refining Profitability 1995-2001, May 2003.

CRS-19

of non-petroleum based feedstocks (ethanol).16 The goal in this report is not to

evaluate the net benefit of any of these requirements, or environmental site

requirements which form an additional set of restrictions, but to recognize that they

all have a similar impact on the refining industry: they require an allocation of

resources to capital investment that does not result in lower costs or increased output,

and are, therefore, likely to affect the ability of the industry to meet economic

performance expectations.

Capital Investment

Capital expenditures in the refining industry serve a variety of purposes. First,

they may augment capacity or upgrade technological capability, either through the

construction of new refineries or through the modification of existing refineries.

Second, they may be required to allow both, or either, the produced products or the

site itself to meet environmental requirements. Third, capital expenditures may be

used for mergers and acquisitions.

As discussed earlier in this report, there has been no significant investment in

new refineries in the United States in the past twenty five years. However,

investment has taken place to enhance the capacity of existing facilities. Investment

in capacity expansion and technology is expected to generate profits enhancing the

net margin and yielding a positive ROI. Environmental investments are different.

They are required to allow the refinery to stay in operation, but they yield little or no

direct financial return for the refiner. They are either absorbed from profits or passed

on to the consumer, or both. Since they increase the capital value of the refinery, but

yield no net revenue, they can reduce the overall ROI, depending on cost passthrough to the consumer.

Capital expenditure for merger and acquisition has dominated the investment

picture in the refining industry since the late 1990s. These expenditures are made for

a variety of reasons, from entering or expanding a firm’s presence in the industry, to

rationalizing refining strategy, to production and marketing goals, or by legal

directive as in conjunction with the stipulations to complete a merger or acquisition.

Firms expect these expenditures also to be profitable, at least in the longer term.

Even though refining and marketing profitability has grown with the oil price

increases since 2004, the profit and cash rich position of integrated oil companies and

domestic refining companies may not translate into capital investment in the refining

sector. The choice to invest in a new refinery is actually a decision to produce an

additional barrel of refined petroleum products for the U.S. market. Growth in

product demand, especially gasoline, suggests that the demand for the additional

product is fairly certain.

The question remains; what is the cheapest way to provide that extra product to

the market? Four possible answers exist. First, a company could decide to expand

the capacity of an existing refinery. Second, a company could build a new refinery.

Third, a company could decide to import the extra production into the United States.

16

Ibid., p. 22.

CRS-20

Fourth, a company could acquire the refinery of another company. The fundamental

economics, as well as the market and regulatory environments, suggest that, all other

things equal, construction of new refineries is not likely to be the chosen alternative.

Over the past two decades refiners have chosen to expand existing refineries in

preference to new construction. The reasons are part economic and part regulatory.

Economic rationales favor expansion over new construction, because the fixed cost

associated with a new facility can be avoided and economies of scale at the expanded

facility can be realized. Satisfying regulatory requirements for an expansion at an

existing facility are likely to be less costly, less time consuming, and less subject to

challenge by local groups compared to a new facility.

Given the economics of the oil market, it may remain cheaper to import extra

petroleum products than to produce them in the United States. Excess capacity for

gasoline that meets U.S. specifications is available in Europe and other parts of the

world. Similarly, it may also be cheaper for any given company to expand its

refining capacity by purchasing assets from other companies. While this strategy

may improve the supply position of the acquiring firm, it does little to improve the

supply position of the U.S. market as a whole.

Special circumstances may justify construction of a new facility. Such a facility

is planned for construction in Arizona.17 In the case of the Arizona facility, the

refinery is positioned to supply products to the persistently tight southern California

market, where high margins might be earned, using Mexican crude oil as an input.

Although the permitting process for this facility is nearing completion, it has been in

process for over five years.

Another new proposed U.S. refinery project is to be located in South Dakota,

and produce ultra low sulfur gasoline and diesel fuel. The source of crude oil would

be from Canadian oil sands, and the refinery is expected to use about 400,000 b/d of

crude oil. The cost of the refinery has been estimated at between $8 and $10

billion.18

17

Sarah Reynolds, East County Oil Refinery Will Move, The Yuma Sun, February 8, 2008.

Available at [http://www.arizonacleanfuels.com/2008/020508_YS.htm].

18

New York Times, Refinery Considered for South Dakota, June 14, 2007. Available at

[http://www.nytimes.com/2007/06/14/business/14oil.html].

CRS-21

Figure 1. U.S. Refining Capital Expenditures for FRS Companies,

1988-2001

Source: Energy Information Administration, The Impact of Environmental Compliance Costs on U.S.

Refining Profitability, May 2003, Table 6, p. 10.

*Mergers and Acquisitions.

Figure 1 shows the behavior of refining capital investment by the FRS

companies since the late 1980s, isolating both environmental and merger and

acquisition based expenditures. The effect of environmental requirements,

specifically the Clean Air Act Amendments of 1990 (P.L. 101-549) on capital

expenditures are shown in the figure. In the late 1980s capital expenditures for

environmental purposes averaged $0.5 billion annually in inflation adjusted dollars.

To meet the oxygenated gasoline, reduced sulfur diesel fuel, and reformulated

gasoline mandates of P.L. 101-549, investment peaked at $2.7 billion in 1992 and

remained above $2 billion for the following two years, in inflation adjusted dollars.

According to the EIA, these environmental investments made substantial

contributions to the reduced ROI of the refining industry during the period 1991 to

1995. The EIA has determined that ROI was reduced by 69% over the period as a

result of the implementation of Federal environmental statutes and/or the Clean Air

Act Amendments. Both Phase I and Phase II of the complex emission regulations for

reformulated gasoline, in 1998 and 2000 respectively, caused increases in capital

expenditures in anticipation of their effective dates. The EIA determined that ROI

was reduced by 42% from 1996 to 2001 as a result of environmentally based capital

expenditures.19

The challenge for the industry is how it responds to the next round of required

environmental investments given this experience. Estimates forwarded in the 2003

19

The Energy Information Administration, The Impact of Environmental Compliance Costs

on U.S. Refining Profitability 1995-2001, May, 2003, p. 1. [http://www.eia.doe.gov/emeu

/perfpro/ref_pi2/refpi2.pdf]

CRS-22

RAND study of refiners are $4-13 billion to meet the on-road ultra low sulfur diesel

requirements by 2006, and perhaps $10-15 billion additional to meet other

mandates.20 The American Petroleum Institute sees the total cost of meeting the 2006

on-road ultra low sulfur diesel requirements at $8 billion. It sees an additional $8

billion investment to meet gasoline sulfur reduction requirements.21 The range of

investment cited is large and significant uncertainty remains concerning actual

values. If accurate, there could be some concern that environmentally based claims

on capital expenditure might crowd out other investments. In that case, investment

in capacity expansion might not be funded, even though potentially profitable. That

lack of investment could drive up capacity utilization rates even higher which would

likely increase the fragility of the market and make it more open to price volatility

and quantity disruption.

The strength of the crowding-out argument diminishes when the rapid increase

in capital expenditure shown in Figure 1 for mergers and acquisitions from 1999 to

2001 is considered. Clearly, the ability to raise capital, either in the form of debt or

equity, must have been available to the industry to fund the approximately threefold

increase in investment from 1999 to 2001, much of it to finance mergers and

acquisitions. The ability of the industry to manage and balance its capital investment

budget between competing claims may well be an important determinant of how well

the industry is able to meet increasing demand with new, environmentally compatible

capacity.

Production and Growth

In its reference case forecast, the EIA projects that refined products consumed

will increase from 20.7 million barrels per day in 2004 to 22.7 million barrels per day

in 2015 and 26.9 million barrels per day in 2030.22 This growth implies an average

annual growth rate of 1.1% over the period. Another way of looking at the projected

growth is to note that if it were to be met by domestic refining capacity, it would

require capacity increments of approximately 238,000 barrels per day, per year. This

would be equivalent to the production capacity of one new, large, refinery. An

additional, similarly sized refinery would have to be added to the capacity base each

year to meet projected market requirements. Alternatively, capacity expansion based

on technological improvements would have to continue at a high rate for the 26-year

period.

Set against this forecast of increasing demand is the incrementally increasing

capacity of the industry, as well as the declining number of refineries. The last new

refinery to open in the United States was the Petro Star refinery in Valdez, Alaska,

in 1993, which had an original capacity of 38,000 barrels per day and was a simple

refinery. The last refinery of significant capacity (200,000 barrels per day, or more)

20

D.J. Peterson and Sergej Mahnovski, New Forces at Work in Refining, Industry Views of

Critical Business and Operations Trends, RAND Science and Technology, 2003, p. 64.

21

Michael A. Lobue, Challenges Facing U.S. Refiners,NEMS/AEO Conference, March 18,

2003.

22

Energy Information Administration, Annual Energy Outlook, 2007, Table A11, p. 156.

CRS-23

to open in the United States was the Marathon refinery in Garyville, Louisiana,

which opened in 1977, more than 30 years ago.23 With this historical record,

construction of a new 400,000 barrel-per-day capacity refinery per year to meet

projected demand growth would appear to be a major challenge.

Several factors come into play in the refining industry’s plan to meet forecasted

market requirements. Even though no new refineries were constructed during the

1990s, and the number of refineries declined, refinery capacity increased on average

1.5% per year. If projected into the future, this growth is sufficient to meet the EIA

long term forecast of demand increases for refined products. These increases in

capacity are due to investment in new processing units, marginal expansion (known

as capacity creep) obtained through bottleneck removal, and more intensive use of

existing capacity by lengthening time between maintenance and overhaul. This type

of expansion ultimately could encounter diminishing returns, although the record of

the industry suggests that even more capacity might be squeezed out of the existing

stock of refineries.

Another key factor in maintaining production is capacity utilization. Capacity

utilization rates remain high, approximately 93% in 2003, and almost 91% in 2002.

The capacity utilization rate has remained above 90% every year since 1993. Excess

capacity is a luxury no refiner seems anxious to support, because of its effect on

profitability. This view is borne out by executives who participated in the RAND

study.24

Imports

With capacity utilization rates near a maximum, no new refinery construction

likely, and growth through capacity creep less than the growth in EIA projected

demand, imports of petroleum products would seem to play an increasingly important

role in the supply of refined products. Refined product imports, mostly from Canada,

the Caribbean and Europe have been an important component of the total supply

equation for some years. In 2006, petroleum product imports of all types, totaled

about 3.5 million barrels per day, which amounted to approximately 17% of total

product supplied to the U.S. market. Import dependence on refined products has

averaged approximately 6% of total product supplied since 1992. However, the

percentage has increased in each of the past six years. Most observers feel that there

is sufficient short run capacity in the world market to expand U.S. imports, with the

expansion of specific blends of motor gasoline for specific regional or state markets

posing the greatest potential challenge. Table 10 shows data from 1992 to 2006 for

total petroleum product imports, as well as the most significant sector, motor

gasoline, and blending components.

23

Data provided by the Energy Information Administration, Office of Oil and Gas,

Petroleum Division by personal communication, September 12, 2003.

24

D.J. Peterson and Sergej Mahnovski, New Forces at Work in Refining, Industry Views of

Critical Business and Operations Trends, RAND Science and Technology, 2003, p. xv.

CRS-24

Table 10. Imports of Petroleum Products, 1992-2006

(thousands of barrels per day)

Year

Motor

Gasoline

Blending

Components

Gasoline

plus

Blending

Components

All

Product

Total

All Products,

Net of

Gasoline, and

Blending

Components

1992

294

41

355

1,805

1,470

1993

247

27

274

1,833

1,559

1994

356

20

376

1,933

1,557

1995

265

48

313

1,605

1,292

1996

336

166

502

1,971

1,469

1997

309

200

509

1,936

1,427

1998

311

209

520

2,002

1,482

1999

382

217

599

2,122

1,523

2000

427

223

650

2,389

1,739

2001

454

298

752

2,543

1,791

2002

498

311

815

2,370

1,496

2003

518

367

885

2,599

1,714

2004

496

451

947

3,057

2,110

2005

604

494

1,098

3,471

2,373

2006

477

669

1,146

3,517

2,371

Source: Energy Information Administration, Annual Energy Review 2006, Table 5.3, p.129,

and computations by the author.

The table shows that imports of motor gasoline and blending components began

a more or less steady upward movement in 1996. Imports of these two items

increased by 60% in 1996 compared to 1995, and, since then, have increased by

another 128%. Over the period covered in Table 10, the increase in motor gasoline

and blending components accounts for about 80% of the increase in the imports of

all petroleum products. The total increase in petroleum product imports without

motor gasoline and blending components is less than 61% over the period, while the

increase in motor gasoline and blending components is 223%. Imported petroleum

products other than gasoline and gasoline blending components include a wide

variety of distillate fuel oils, jet fuel, liquefied petroleum gases, residual fuel oil,

unfinished oils and other products.

Several difficulties could emerge as increased reliance is placed on imports.

The first issue is sourcing. If worldwide economic growth continues to remain

sluggish, an excess of world refining capacity could persist and the U.S. market

might well continue to find product available. European sources accounted for over

50% of motor vehicle gasoline and 40% of gasoline blending component imports in

2007. Continued availability of European stocks at volumes comparable or greater

CRS-25

than these levels may not be sustainable. Europe is undergoing a transformation of

its transportation fuels mix. While its refinery capacity is largely oriented toward

gasoline production due to past investment decisions, the European vehicle fleet is

rapidly moving toward diesel fuel. The implication is that, until refinery conversion

is completed, European refiners will have an excess supply of gasoline to sell on the

world market. As a result, the long term availability of European supplies of gasoline

may diminish as the U.S. demand for gasoline continues to grow. Slow growth in the

Asian economies, excluding China, continues to hold back the growth of demand for

gasoline in the region. Before the financial crisis in 1997, Asian gasoline growth

rates were the highest in the world. Until economic recovery is complete and

demand growth comparable to pre-crisis levels returns, the Asian market is also

likely to have excess refining capacity. Near term sourcing of imports then, from

Europe as well as Asia, seems relatively secure. In the longer term structural change

in the European fuel mix and the recovery of Asian demand growth may limit

available imports.

The second factor influencing the viability of increased reliance on imports is

the segmented nature of the U.S. gasoline market. Gasoline in the United States is

no longer a fungible, or easily transferable, product. Differing U.S., regional, and

state air quality standards with respect to fuel specifications have produced a market

where shortages may appear because gasoline of a particular specification is tight,

even though gasoline of other specifications might be available. As the large U.S.

market is divided into smaller sub-markets that demand fuels not required in other

regions, or other parts of the world, it might become difficult to find refiners on the

world market willing to customize production to satisfy particular U.S. demands. The

result can be that spot shortages and price spikes, similar to those that occurred in

Chicago in 2002 in conjunction with the elimination of MTBE as a gasoline additive.

Availability, as well as price considerations, suggest that if gasoline were a

standardized commodity rather than a specialized good, it would be less likely to be

linked to local market instability.

A final factor regarding imports has to do with long and short run matching of

demand and supply. The EIA forecast indicates a long term need for imported

refined products, mainly gasoline and blending components. Recently, there has

been a growing market in very short run “target of opportunity” cargoes of refined

products. That is, an almost speculative market has developed in which a tanker

might load a cargo without a firm buyer at a port where gasoline is available at an

attractive price. The owner of the cargo then directs the tanker to the port at which

the best price might be earned. On the one hand, this type of activity represents

market forces directing supply to areas with high demand. On the other hand, the

process may represent a somewhat opportunistic, and uncertain way of securing

supplies. It is not hard to imagine a scenario where this type of supply dependency

might periodically lead to market disruptions complete with shortages and price

spikes.

Permits and Regulatory Uncertainty

An important concern of the refining industry is largely administrative and

regulatory. As noted earlier in this report, the refining industry is working within a

long term program of implementing congressionally mandated environmental

CRS-26

standards. Some see the regulated environment as an opportunity. Some participants

in the RAND study noted that regulations formed a barrier to entry into the market.

The result might be higher profits, for which they cite California refiners who are

faced with the most stringent set of federal, state, and local environmental regulations

in the nation, and yet operate the most profitable refineries in the nation.25 In general,

however, the RAND study reports significant concern in the industry regarding the

administration and implementation of the regulatory process.26

According to the RAND study, the best case regulatory process from the

industry’s point of view is one that minimizes uncertainty and maximizes flexibility.

The industry’s preference is to see a regulatory roadmap laid out which covered an

adequately long planning horizon, say a decade. They would like to see a plan where

no regulations contradict or compete with one another. They would like to see

phasing in of regulations in a manner that minimizes pressure put on construction or

investment timetables and plans. They would like to see a smooth, timely permitting

process in which administrative delays are minimized. Industry would also prefer to

have flexibility in how, technologically, to meet environmental standards.27

Conclusions

The petroleum refining industry forms a critical infrastructure in the U.S.

economy. It provides products which allow America to move, whether by air, land,

or sea, but it must accomplish this while maintaining national and regional

environmental standards. The industry has demonstrated that this is possible. There

has been minimal market disruption that can be traced to the refining sector, over the

past twenty years. However, the EIA Annual Energy Forecast 2006 suggests that the

industry is unlikely to be able to maintain this performance over the planning period

to 2030 without the domestic market becoming significantly more dependent on

imported motor gasolines and blending components. Increased import dependency

implies the potential for both supply disruption as well as national energy security

concerns.

The EIA has found that the legacy of past environmental requirements on the

industry have been substantially reduced ROI. The industry has been able to absorb

these lower rates of return in the past largely because of the ownership structure of

the industry and the associated business model. A new market structure and business

model might implicitly require better economic performance from the industry. To

the extent that the performance of ROI negatively affects decisions concerning

continued capacity expansion and technological investment in the industry, the effect

of the structural changes in the industry might have national energy policy

implications.

25

D.J. Peterson and Sergej Mahnovski, New Forces at Work in Refining, RAND Science and

Technology, p. 85.

26

Ibid., p. 70-79.

27

Ibid.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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