	Introduction

The last new refinery to open in the United States finished construction in 1976. Since the mid-1980s, though, some 150 or more refineries closed. However, the refineries that remained open expanded their operational capacity to keep up with the increasing demand for refined petroleum products. Current U.S. refining capacity (roughly 18 million barrels per day) appears to satisfy if not exceed demand as the increasing export of refined petroleum products would seem to suggest. Thus far, the industry has managed to negotiate regulatory hurdles in expanding refinery capacity, an option preferred over new construction and driven by the economy of scale. In general, new entrants into refining may find steep competition with existing operators. Small refineries do face many of the same economic, market, and environmental factors that affect large refineries, but they may also benefit from exemptions in complying with certain federal regulations. The increasingly available light sweet crude oils produced from unconventional shale resources, like North Dakota's Bakken formation and the Texas Eagle Ford formation, are changing U.S. refining prospects and have revitalized some refinery operations that formerly depended on imported light crude oil. Small business opportunities in refining may strongly depend on a number of factors, including regional demand for refined products, available crude oil supplies, regional price differences, and unique state environmental regulations, among others. In addition, some fuels are easier to produce than others are. While evaluating opportunities would exceed the scope of this report, some key factors have emerged as of late. The availability of light sweet crude oil in the mid-continent region (North Dakota, Colorado) presents some opportunities for constructing a small topping or hydroskimming refinery. A greater opportunity may lie in installing condensate splitter and stabilizer plants to handle the excess condensate production in North Dakota now being flared, or in Texas. These projects range from splitting and stabilization plants for processing crude oil condensate to "teapot" or mini-refineries. This new refinery, with a capacity of 20,000 b/d, is a direct result of the expansion of oil production in the Bakken fields. The quality of very light sweet crude oil supplies is in one sense very high. However, larger and more complex refineries have positioned themselves to take advantage of lower quality heavy sour crude. Environmental Permitting and Regulatory Requirements

As with any industrial facility involving potential air emissions, water use, and waste generation, certain environmental permitting and regulatory requirements apply to the construction and operation of refineries. The specific requirements, and the degree of difficulty or ease in meeting them, will depend not only on the nature of the project, but perhaps more importantly on the location of the project. In light of the restrictions on exporting U.S.-produced crude oil and condensate, Congress may consider whether the definition of a refinery includes similar processes that produce product streams based on their physical properties. Congress may also wish to assess whether small business enterprises face unique challenges to entering refining, or unique opportunities now that the United States has become a net exporter of refined petroleum products.
The last refinery constructed in the United States opened in 1977. Since the mid-1980s, some 150 have closed as part of an industry-wide consolidation. Over the same time, the remaining refineries expanded their operational capacity by 23% to keep up with increasing demand. Current U.S. refining capacity appears to satisfy if not exceed demand as the increasing export of refined petroleum products would seem to suggest. Notwithstanding the current surplus capacity, opportunities for new refineries appear to have emerged as the result of the rise in production of U.S. light-sweet crude oil from unconventional resources such as North Dakota's Bakken and Texas' Eagle Ford formations. These new resources have revitalized some refinery operations that formerly depended on imported light crude oil, thereby making the smaller refineries more competitive with large refineries that process more widely available heavy-sour crude oil. Rising domestic crude oil production has not only led U.S. refineries to export their petroleum products, but has led some oil producers to attempt to bypass refining and export crude oil condensates directly. However, Department of Commerce regulations currently restrict crude oil exports. Whether condensates fall under a refined product classification or crude oil remains an unresolved issue, and one that Congress may choose to take up. Congress may also consider whether small businesses face inherent disadvantages in entering an industry dominated by large complex refinery operators.
While some arguments remain for new refinery construction, some argue that economic and regulatory barriers hinder new construction. Small refining enterprises may suffer certain economic disadvantages in an industry driven by the economy of scale. Furthermore, opportunities may depend on geographic location, regional markets, and source of crude oil. The barriers from regulatory requirements remain less clear. Export restrictions certainly affect potential product markets that could support new refining capacity. Whether these markets would spur new refinery construction is a separate question.
The history of refinery expansions suggests that environmental requirements do not generally pose a significant barrier to refinery construction, but local challenges vary (e.g., locations with currently unhealthy air quality). Small refineries face many of the same economic, market, and environmental factors that affect large refineries, but they may also benefit from exemptions in complying with certain federal regulations. As with any industrial facility involving potential air emissions, water use, and waste generation, certain environmental permitting and regulatory requirements apply to the construction and operation of refineries. The specific requirements, and the degree of difficulty or ease in meeting them, will depend not only on the nature of the project, but perhaps more importantly on the location of the project.
Small business opportunities in refining may strongly depend on a number of factors, including regional demand for refined products, available crude oil supplies, and unique regional environmental regulations, among others. A "small business" in the oil refining business is defined differently in different statutes. In addition, some fuels are easier to produce than others are. While evaluating opportunities is beyond the scope of this report, some key opportunities have recently emerged. Perhaps the most discussed potential opportunity for constructing a small topping or hydroskimming refinery is in the mid-continent region (North Dakota, Colorado) to process these new sources of light sweet crude. Other opportunities may lie in installing condensate splitter and stabilizer plants to handle North Dakota and Texas expanding production of light sweet crude oil and condensate.