Should the Trump Administration Use the Defense Production Act to Expand Refineries and Pipelines?

The President signed the refining authority in April, and $1 billion has moved to the Energy Department. But ENB found no refinery award; most of the law expires Dec. 11, and the first big new refinery since 1977 is not due until 2028-29. The barrels that could come fastest are

The President signed the refining authority in April, and $1 billion has moved to the Energy Department. But ENB found no refinery award; most of the law expires Dec. 11, and the first big new refinery since 1977 is not due until 2028-29. The barrels that could come fastest are restarts and a wider shipping waiver. Here is what the DPA can and cannot do before and after Nov. 3.

By Stuart Turley, host of the Energy News Beat podcast  •  Published Oct. 11, 2026  •  Analysis and opinion: Stu’s views are labeled. As noted below, Stu will be covering this on Tuesday’s Energy News Beat Stand Up.

Picture a grain hauler finishing harvest in Kansas this weekend. Filling a big rig takes a lot of gallons, and on Saturday night the national average for diesel was $6.28, against $3.67 a year ago (AAA). “Every $1 increase per gallon in fuel costs our members around $400 more per week,” says Todd Spencer of the Owner-Operator Independent Drivers Association (Truckers News). Every truckload of groceries carries some of that cost. So does every heating-oil delivery in New England this winter (ENB heating-oil report).

That is why Washington is talking about a 76-year-old Cold War law. On Friday, three industry sources told Reuters that President Trump will soon direct his department heads to bypass state and local rules and use the Defense Production Act (DPA) to raise oil and fuel output (Reuters via Kitco). Diesel is up 70% since the Iran war began on Feb. 28 (Reuters via MarketScreener). The midterms are 24 days away. And Ukraine keeps hitting Russian refineries after at least four U.S. requests to stop (ENB, Oct. 10).

Stu’s Take 

As I’ve said on the podcast, I see only two ways to bring down the price of gasoline, diesel and jet fuel: demand destruction or more refining capacity. Demand destruction means families and truckers doing without. I would rather build.

You may have heard that the first new refinery since 1977 comes online next year. Our own check says the Brownsville project is real, but it is not coming online next year. The developer says late 2028 at the earliest. That is the point. If we wait for greenfield plants, voters will be paying these prices through two more elections.

So yes, I think the DPA is the right tool, and now is the time. Use it as a checkbook and a referee, not a press release. Back restarts like St. Croix and Benicia with offtake contracts. Give pipeline steel priority ratings. Ask Congress to renew the law before Dec. 11. And widen the Jones Act waiver this week, because that one is not even a DPA question.

Red States have lost 54% of their refineries.

Blue States have lost 64% of their refineries.

Texas and Louisiana now hold 50% of Total Refining Capacity.

The Jones Act Waiver is Critical to keeping prices from skyrocketing. Especially on the East and West Coast.

Show voters action before Nov. 3, and tell them the truth: none of these barrels arrive by Election Day. A restart like St. Croix might come in 2027 if the financing comes through, and the new Brownsville refinery not until 2028-29.

Stu will cover this on Tuesday’s Energy News Beat Stand Up, and these are his prep notes for the show.

 

What the DPA can and cannot do

As of 8:15 p.m. CT Saturday. No new directive had been published on whitehouse.gov.

Most people do not realize the President already has the paperwork. On April 20 he signed a determination under Section 303 of the DPA covering “Domestic Petroleum Production, Refining, and Logistics Capacity.” It reaches refining, pipelines, storage and marine terminals. It directs the Energy Secretary to use “necessary purchases, commitments, and financial instruments.” It also waives the usual Title III conditions by pointing to the national energy emergency (White House; Federal Register). Chart 1 maps how it works.

There are three main tools. Title I lets the government put rated orders at the front of the line, but energy allocations need formal findings that a material is “scarce, critical, and essential” (50 U.S.C. 4511). Title III pays for new capacity through purchases, purchase commitments, loans and guarantees. Under Section 303(a)(6), once actions for a shortfall would push the aggregate outstanding amount above $50 million, the President must wait 30 days after notifying the House and Senate banking committees. Separately, for an industrial resource shortfall, no action above that same $50 million may be taken “unless such action or actions are authorized to exceed such amount by an Act of Congress.” Section 303(a)(7) lets the President waive both rules during a national emergency, and the April determination did (50 U.S.C. 4533(a)(6)-(7), GovInfo; Cornell LII). Title VII allows voluntary industry agreements with antitrust protection (50 U.S.C. 4558; CRS).

The money is real but small. The One Big Beautiful Bill put $1 billion into the DPA. OMB records show the full $1 billion moved to the Energy Department after the April determinations (OpenOMB). DOE then offered up to $500 million of Title III money to 13 coal plants and new coal export infrastructure (DOE). ENB found no refinery award. Reuters reported in September that the DPA “has never been used to add refining capacity” (Reuters via Yahoo).

The courts are the wild card. In March, the Justice Department’s Office of Legal Counsel said a DPA order can preempt conflicting state law (OLC). It did not address federal laws such as NEPA (National Law Review). On Aug. 19, a federal judge refused California’s request to block a DPA order restarting Sable Offshore’s Santa Ynez oil system, and California is appealing (Bloomberg Law). The DPA does not give oil pipelines eminent domain. CRS notes that “no federal law broadly preempts state and local siting requirements” for oil lines (CRS R44432). It also does not waive the Jones Act, which is a separate decision.

And the clock is short. Congress extended most DPA authorities only to Dec. 11, 2026, in the stopgap funding law signed Sept. 2 (Cornell LII, 50 U.S.C. 4564; Senate text, Sec. 2004; CRS). A five-year renewal, H.R. 7688, cleared the House Financial Services Committee 41-0 but has not had a floor vote (House report; Congress.gov).

The 1977 claim, checked

As of 8:15 p.m. CT Saturday

EIA says the newest U.S. refinery with significant downstream units is Marathon’s Garyville, La., plant, which came online in 1977. The newest refinery of any size is a 45,000-b/d Galveston plant that started in 2022 (EIA). The project people mean by “first since 1977” is America First Refining at the Port of Brownsville, Texas (Energy Digital). It is rated at 164,300 b/d by the RGV Business Journal and 168,000 b/d by Reuters, at a cost of $3 billion to $4 billion (RGVBJ; Reuters via Yahoo). That works out to about $18,000 to $24,000 per barrel of daily capacity (ENB calculation).

It has Fluor doing front-end engineering and tank design under way (Construction Review Online). But ENB found no publicly announced final investment decision (the CEO says one was made internally), and its 650-mile crude pipeline from the Permian “has yet to be built” (RGVBJ). Industrial Info Resources rates it a “low probability of moving forward as planned.” The CEO told the Brownsville Herald the plant should be “mechanically complete” in late 2028, with its first full year in 2029 (MyRGV). Reuters reports Donald Trump Jr. is a passive minority investor and that Cantor Fitzgerald advises the company (Reuters via Yahoo).

Where the barrels could come from

As of 8:15 p.m. CT Saturday. Rankings are ENB judgment, not forecasts.

The country has 130 operable refineries, down from 301 in 1982. Capacity fell about 1% to 18.16 million b/cd on Jan. 1 (EIA; EIA; Chart 3). The squeeze is regional. PADD 1, the East Coast, has just 5% of U.S. capacity (EIA Refinery Capacity Report). Florida has no refineries and no direct link to the Colonial or Plantation pipelines (EIA). Space on Colonial is “fully allocated” (Argus). East Coast distillate stocks are 29.8% below their 2021-25 average for this week (EIA; Chart 4). The West Coast has “relatively little pipeline capacity” from the Gulf (EIA).

Chart 2. Operating, closed and proposed refineries, with PADD shading and schematic pipeline lines. Sources: EIA Refinery Capacity Report 2026 and Energy Atlas; EIA; company releases; news reports listed in Appendix A.

 

Chart 3. U.S. operable refineries and capacity, Jan. 1 of each year, 1982-2026. Source: EIA.
Chart 4. East Coast (PADD 1) distillate stocks vs. the 2021-25 range for the same week. Source: EIA weekly data; ENB calculation.

ENB looked at every closed plant and new project that could matter (Appendix D):

  • Valero Benicia, Calif. (145,000 b/cd). Valero finished idling it in April and says it will “maintain all required operating permits” (Valero; EIA). It is the fastest physical restart on paper, but the owner has not proposed one.
  • Croix, U.S. Virgin Islands (more than 200,000 b/d eventually; about 220,000 per the CEO in May). Port Hamilton is targeting a phased 2027 restart within about 12 months, depending on financing (VI Consortium). Politico reported it is on a White House “short list” (Politico via Yahoo). The last restart there took from 2018 to February 2021, ran “more than $1 billion over-budget” on a $2.1 billion plan, and stopped after an EPA order in May 2021 (court filing).
  • Western Gateway pipeline (230,000 b/d). It would carry fuel from Borger, Texas, to Phoenix and into California. The owners took the final investment decision Aug. 11 and target 2029 (Phillips 66).
  • Not coming back: LyondellBasell Houston (263,776 b/cd), where the coker units were imploded in April (KPRC); Phillips 66 Los Angeles (138,700 b/cd), closed in October 2025 (EIA); Philadelphia Energy Solutions (335,000 b/d), now being redeveloped (NBC Philadelphia); and the Rodeo and Martinez plants, converted to renewable fuels (Oil & Gas Journal).
Chart 5. Options ranked by speed of relief. ENB JUDGMENT. Sources: Vortexa via Transport Topics; EIA; Port Hamilton via VI Consortium; Phillips 66; America First Refining; MMEX.

Expanding plants that already exist is cheaper, but it is not fast. Exxon’s Beaumont expansion added 250,000 b/d for $2 billion, about $8,000 per b/d (ENB calculation). Construction started in 2019 and the expansion opened in 2023 (ExxonMobil; Chart 6). Valero’s operating chief, Gary Simmons, said in July that “the cost of some of this new capacity has been… very, very high” (Motley Fool transcript).

Chart 6. Cost per barrel of daily capacity and years to production. Sources: ExxonMobil; Limetree Bay bankruptcy filing; EIG; RGV Business Journal; MyRGV; Phillips 66. ENB calculations.

The other levers, and what they deliver

As of 8:15 p.m. CT Saturday

  • Jones Act. The waiver runs through Nov. 15, but since Aug. 17 each voyage must first show no U.S.-flag ship is available (gCaptain). Since then, Gulf shipments to the East and West coasts “have fallen by over 500,000 barrels a day,” per Vortexa, with just nine foreign-flag energy cargoes (Transport Topics/Bloomberg). Simmons called the waiver “very critical to keeping PADD 1 supplied” (Motley Fool transcript). In ENB’s judgment, this is the fastest lever on the table.
  • The reserve is down to 283.0 million barrels, the lowest since 1982 (EIA). DOE offered up to 40 million more barrels in a Sept. 29 exchange (Morning Overview) and approved a 4 million-barrel hurricane exchange on Saturday (DOE). But the SPR holds crude, and refineries are already running at 92.7% (EIA).
  • Fuel waivers. EPA allowed E15 nationwide and an early start to winter-grade gasoline (EPA). That helps gasoline at the margin, not diesel.
  • Export ban. On Oct. 2 Trump said, “we’re not going to be doing the export ban,” after the G7 agreed to release oil (Transport Topics/Bloomberg).
  • Taxes and red-dyed diesel. An Oct. 5 order allows dyed diesel on highways and defers the federal excise tax through year-end (White House). OOIDA called it “minimal relief” (Truckers News). A House gas-tax holiday bill has stalled (Roll Call).

Is demand destruction already doing the job?

As of EIA weekly data through week ending Oct. 2, released Oct. 7

A little. Over the last four weeks, distillate use was 3.0% below the 2021-25 average and gasoline was 0.5% below. Jet fuel was 7.2% above (EIA; Chart 7; ENB recession analysis). Analyst Tom Kloza told CNN this summer’s gasoline demand will probably be the lowest since 2001, leaving out the pandemic. He called diesel margins near $100 a barrel “out of the galaxy” (CNN via KRDO).

EIA’s October outlook expects diesel to average $4.49 in 2027, down from $6.27 this month. It sees gasoline at $3.57 next year (EIA STEO). If that is right, prices fall well before any new refinery opens. That is the strongest argument against a big greenfield bet.

 

Chart 7. Product supplied, four-week averages to Oct. 2, 2026, vs. 2025 and the 2021-25 average. Source: EIA Weekly Petroleum Status Report; ENB calculation.

The case against

John Auers of Novi Labs told CNN that even a shovel-ready refinery means “four to five years until it’s going to start producing.” He asked, “What’s the Strait of Hormuz going to look like in four to five years?” (CNN via KRDO). Refiners told the White House the money would be better spent on efficiency and expanding existing plants (Reuters via Yahoo). Critics also point to the Brownsville investor ties (Reuters via Yahoo). And the DPA has a slow track record. Biden used it for heat pumps and solar in June 2022 (American Presidency Project), and the first heat-pump awards, $169 million, did not come until November 2023 (The Verge).

How consumers and investors see it

As of 8:15 p.m. CT Saturday (AAA); polls as dated

Consumers. Regular gasoline averaged $4.37 on Saturday, up from $3.10 a year ago (AAA). In the AP-NORC poll, about half of adults are “extremely” or “very” concerned about affording gas, up from 39% in July. Only 17% approve of Trump on the cost of living (AP). Marquette’s September poll found just 20% approve of his handling of gasoline prices (Marquette toplines). In Reuters/Ipsos, 78% say the Trump administration’s policies have contributed to rising living costs (51% a lot, 27% a little), and 20% pick gasoline as the expense they most want Congress to prioritize, second to healthcare at 21% (Ipsos topline; U.S. News/Reuters; Chart 8). In AP-NORC, 65% blame Trump’s policies more than factors outside his control for persistently high costs (AP). Farm Bureau President Zippy Duvall welcomed the dyed-diesel order: “every cent per gallon matters” (AFBF).

Chart 8. Selected approval, blame and cost questions from Marquette (Sept. 2-9), AP-NORC (Sept. 24-28) and Reuters/Ipsos (Sept. 30-Oct. 5). Wording differs by poll.

Investors. Refiners have been the market’s big winners. From Dec. 31 through Oct. 9, Valero rose 166%, Marathon 180%, Phillips 66 116%, PBF 211% and HF Sinclair 163%, against 14% for the S&P 500 (Yahoo Finance). That is because diesel margins are about $92 to $101 a barrel over Brent (ENB calculation from PFL and CNBC futures). For investors, DPA-funded rivals or offtake deals would be a long-term risk to those margins, but they will not change the next two quarters. Restarted capacity that sells to the government could be a win for whoever owns it.

Where the refineries went, and why you feel it at the pump

As of 9:31 p.m. CT Saturday (AAA state prices); EIA data as of Jan. 1, 2026

On Jan. 1, EIA counted 130 operable refineries, down from 301 in 1982. Capacity was 18.16 million b/cd, down 263,000 from a year earlier. That is 1.4%, which EIA rounds to “about 1%” (EIA; EIA). The survivors got bigger: the average plant went from about 59,000 b/d to 140,000 (ENB calculation).

Which states lost the most (ENB analysis). Between 1982 and 2026, Texas and California each had 31 fewer refineries. Louisiana lost 19; Oklahoma, Wyoming and Kansas 8 each (Chart 9). These are net counts, closures minus openings. By 2024 vote, states Trump won lost 54% of their refineries and states Harris won lost 64% (FEC). Capacity split more sharply. Texas and Louisiana added about 1.6 million b/d, while California’s capacity fell 41%.

For party control at the time of closing, ENB matched EIA’s dated list of permanent shutdowns since 1990 (EIA) to Ballotpedia’s trifecta history, which starts in 1992 (Ballotpedia). Of 80 closures in the 50 states from 1990 through 2025, 38 came under divided government, 17 under Republican trifectas and 13 under Democratic ones; 12 are earlier or undated. Per 100 refinery-years, that is 1.7, 1.0 and 1.1. Handle with care. Texas is 37% of the Republican exposure and California 31% of the Democratic. Most losses came earlier still: 96 plants vanished in 1982-90, after price controls and small-refiner subsidies ended (EPRINC). Plant size, coastal crude costs, environmental rules and renewable conversions matter too. Party is a lens, not a cause.

Where the barrels are now. The Gulf Coast holds 54.4% of capacity: Texas 33.8%, Louisiana 16.5%. Next come California (8.3%), Illinois (5.8%) and Washington (3.6%) (Chart 10). States Trump won hold 74.8%; states Harris won 25.2%.

California, checked. The state lists 11 crude refineries, and 7 make California-grade gasoline (CEC). EIA counted 12 because Benicia, which has since stopped making fuel, was still on its Jan. 1 list (Valero). ENB found two announced closures, Phillips 66 Los Angeles and Benicia, plus the earlier renewable conversions at Rodeo and Martinez (Table 1).

Table 1. California refineries: status as of Oct. 10, 2026

Plant Type Crude capacity (b/d) CARB gasoline? Status Source
Marathon Los Angeles (Carson/Wilmington) Fuels refinery 365,000 Yes On CEC list (data as of July 8, 2026) CEC; EIA
Chevron El Segundo Fuels refinery 269,000 (EIA: 285,000) Yes On CEC list CEC; EIA
Chevron Richmond Fuels refinery 245,271 Yes On CEC list CEC; EIA
PBF Torrance Fuels refinery 160,000 Yes On CEC list CEC; EIA
PBF Martinez Fuels refinery 156,400 Yes On CEC list CEC; EIA
Valero Wilmington Fuels refinery 85,000 Yes On CEC list; operations “remain unchanged” (Governor, Jan. 6) CEC; Governor
Kern Energy, Bakersfield Small fuels refinery 26,000 Yes On CEC list CEC; EIA
San Joaquin Refining, Bakersfield Small refinery 15,000 No (CARB diesel: yes) On CEC list CEC; EIA
Lunday Thagard, South Gate Small refinery 8,500 No On CEC list CEC; EIA
Valero Wilmington Asphalt Asphalt plant 6,300 No On CEC list CEC; EIA
Talley Asphalt, Kern Asphalt plant 1,700 No On CEC list CEC; EIA
Valero Benicia Fuels refinery (closed) 145,000 (EIA, Jan. 1, 2026) No longer Fuel units ceased in Q1 2026; full idling completed April 2026; permits kept; not on CEC list Valero; Argus; EIA
Phillips 66 Los Angeles Fuels refinery (closed) 138,700 (EIA) No longer Final crude processing expected around Oct. 16, 2025; units idled through end of 2025 Phillips 66; EIA
Phillips 66 Rodeo Converted to renewable fuels 58,200 before shutdown (EIA Table 13) No Crude processing eliminated; converted to renewable fuels (OGJ, Apr. 2, 2024; EIA Table 13) OGJ; EIA
Marathon Martinez Converted to renewable fuels 161,000 before shutdown (EIA Table 13, listed as Tesoro) No Idled in 2020; county approved renewable-fuels conversion May 2022; EIA: converted to renewable diesel OGJ; EIA

 

Note: capacity is crude distillation, not gasoline output. Sources: CEC (data as of July 8, 2026); EIA; company statements; Argus; OGJ.

Chart 9. ENB analysis: operable refineries by state, Jan. 1, 1982 vs. Jan. 1, 2026. Colors show each state’s 2024 presidential result, not the party in power when plants closed. Sources: EIA; FEC.

Why it shows up at the pump. On Saturday, regular gas was $6.31 in California and $3.84 in Texas, against $4.37 nationally (AAA). EIA says few refineries make California’s unique blend, its tax is higher, and replacement supply “can still take a relatively long time to arrive” (EIA). The East Coast, with 8 refineries and 5.1% of capacity, leans on Gulf pipelines and ships (Argus). A nearby refinery is no guarantee: Washington has five and paid $5.46. But in a squeeze, families far from refineries wait longest for relief.

Chart 10. Operable refining capacity by state and PADD, Jan. 1, 2026, colored by 2024 presidential result. ENB calculation. Sources: EIA; FEC.

Corrections to early reports

As of 8:15 p.m. CT Saturday

  • “The first new refinery since 1977 comes online next year.” It does not check out. The developer targets mechanical completion in late 2028 and a first full year in 2029, and ENB found no publicly announced FID; the CEO says one was made internally “a few years ago” (MyRGV). “First since 1977” holds only for a large, complex plant. EIA lists a 45,000-b/d Galveston refinery from 2022 as the newest (EIA).
  • “Trump invoked the DPA for refineries on Friday.” Not as of Saturday night. Reuters reported a coming directive (Reuters via Kitco). The refining determination itself dates to April 20 (White House).
  • “The DPA has fixed fuel shortages before.” Reuters says it has never been used to add refining capacity (Reuters via Yahoo). One earlier energy use, in 2001, was natural gas procurement for utilities facing blackouts (CRS).
  • “Reliance signed a 20-year deal for the Brownsville refinery’s output.” Reuters reports a 20-year deal. RGV Business Journal says neither company confirmed it, and the CEO said Reliance will “buy a little bit of product” (RGVBJ).
  • “20% approve of Trump on gas prices.” This checks out, but it comes from Marquette’s Sept. 2-9 poll, not an October poll (Marquette).

What to watch

  • The text of any presidential DPA memo, and whether it names refineries, pipelines or the Jones Act.
  • Any DOE Title III award or offtake contract for St. Croix or Benicia.
  • A Senate or House floor vote to renew the DPA before Dec. 11.
  • The Jones Act waiver decision before Nov. 15, and the Ninth Circuit ruling in the Sable case.

A downloadable data file with the refinery candidates, pipeline and lever tables, polls, EIA series and ENB’s calculations is available with this post. See also our earlier look at why the refinery shortage is the fear that sticks and our Russian diesel deal report.

Check out the World’s Greatest Podcast Show Notes at EnergyNewsBeat.co or EnergyNewsBeat.com. And subscribe to: The Energy News Beat Substack.

Appendices

At Energy News Beat we Make Appendices Great Again. Times are U.S. Central (CDT, UTC−5). Fast-moving items (prices, policy status) are current as of 8:15 p.m. CT, Sat., Oct. 10, 2026. Labels: [ENB JUDGMENT] = Energy News Beat assessment, not a forecast; [ENB CALC] = arithmetic by ENB from cited figures; [CLAIM] = a party’s statement not independently verified; [OPINION] = Stu’s view.

Appendix A. Sources (titled and dated)

Title (linked) Publisher Date
Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Refining, and Logistics Capacity The White House Apr. 20, 2026
Federal Register doc. 2026-08016, 91 FR 21933 (petroleum determination) Federal Register Apr. 23, 2026
Presidential Determination … on Coal Supply Chains and Baseload Power Generation Capacity The White House Apr. 20, 2026
OMB apportionment: Defense Production Act purchases, realigned to DOE (iteration of June 30, 2026) OpenOMB (OMB data) June 30, 2026
OMB apportionment: DoD Defense Production Act Purchases OpenOMB (OMB data) 2026
Funding: Defense Production Act Title III U.S. Department of Energy June 4, 2026
Exclusive: White House weighs how to use Defense Production Act to expand US oil refining capacity, sources say (Reuters, via Yahoo Finance) Reuters Sept. 11, 2026
Trump to push US officials to use Defense Production Act to raise oil, fuel output, sources say (Reuters, via Kitco) Reuters Oct. 9, 2026
Trump says Russia to supply diesel to US and global markets (Reuters, via MarketScreener) Reuters Oct. 9, 2026
Preemptive Effect of Defense Production Act Order on State Law U.S. Dept. of Justice, Office of Legal Counsel Mar. 3, 2026
DOJ OLC Issues Opinion on DPA Order for Energy Company Operation National Law Review Mar. 14, 2026
New DOJ OLC Opinion Authorizes Broad Use of the Defense Production Act to Preempt State Law Beveridge & Diamond Mar. 2026
Sable Operational Order Expands Trump’s Power to Sidestep States Bloomberg Law Aug. 24, 2026
50 U.S. Code § 4511 – Priority in contracts and orders (Title I) Cornell LII accessed Oct. 10, 2026
50 U.S. Code § 4533 – Other presidential action authorized, incl. (a)(6) notification and Act-of-Congress limitation (U.S. Code, 2021 ed.) GovInfo (U.S. Government Publishing Office) accessed Oct. 10, 2026
50 U.S. Code § 4533 – Presidential authority (Title III) Cornell LII accessed Oct. 10, 2026
50 U.S. Code § 4558 – Voluntary agreements and plans of action (Title VII) Cornell LII accessed Oct. 10, 2026
50 U.S. Code § 4564 – Termination of chapter (sunset: Dec. 11, 2026) Cornell LII accessed Oct. 10, 2026
Continuing Appropriations and Extensions Act, 2027: extensions divisions text (Sec. 2004, Extension of Defense Production Act of 1950) Senate Appropriations Committee Sept. 2026
Overview of Continuing Appropriations for FY2027 (Division A of P.L. 119-103), CRS R49353 Congressional Research Service (via EveryCRSReport) Sept. 2026
Defense Production Act reauthorization, CRS IN12484 Congressional Research Service (via EveryCRSReport) Feb. 12, 2026
H.R. 7688, DPA Modernization Act of 2026: all actions Congress.gov accessed Oct. 10, 2026
House Report 119-611 on H.R. 7688 House Financial Services Committee (GovInfo) Apr. 2026
The Defense Production Act of 1950: History, Authorities, and Considerations for Congress, CRS R43767 Congressional Research Service (via EveryCRSReport) 2023
Trump Administration’s Invocation of the Defense Production Act for Mineral Production, CRS IN12540 Congressional Research Service (via EveryCRSReport) Apr. 4, 2025
Pipeline Transportation of Natural Gas and Crude Oil: Federal and State Regulatory Authority, CRS R44432 Congressional Research Service (via EveryCRSReport) 2016
Fact Sheet: President Biden Takes Bold Executive Action to Spur Domestic Clean Energy Manufacturing American Presidency Project (UCSB) June 6, 2022
Heat pump manufacturers across the US will get $169 million from the Biden administration The Verge Nov. 17, 2023
When was the last refinery built in the United States? U.S. EIA 2026
Number and Capacity of Petroleum Refineries (annual, as of Jan. 1) U.S. EIA June 2026
Refinery Capacity Report 2026 U.S. EIA June 2026
U.S. refining capacity decreased during 2025 U.S. EIA, Today in Energy June 29, 2026
Florida fuel supply relies on marine shipments (Today in Energy) U.S. EIA Nov. 9, 2023
Colonial Pipeline restarts Line 1, resumes gasoline shipments to U.S. Southeast U.S. EIA, Today in Energy 2016
US Gulf-east coast gasoline shipments gain in August Argus Media Sept. 3, 2026
Why Fluor is Building the US’s First New Refinery Since 1977 Energy Digital May 11, 2026
Brownsville refinery secures key contracts to advance project RGV Business Journal Apr. 7, 2026
Is Brownsville getting a refinery? America First CEO is confident; industry analyst skeptical MyRGV / Brownsville Herald May 7, 2026
Brownsville Refinery Project Advances With Storage Tank Design Work Construction Review Online Sept. 3, 2026
MMEX Resources Corp. Form 10-Q for the period ended July 31, 2026 SEC EDGAR 2026
Valero Benicia Refinery (company location page) Valero accessed Oct. 10, 2026
Phillips 66 provides update on Los Angeles Refinery operations Phillips 66 2025
Watch the moment LyondellBasell implodes two inactive coker units at Houston refinery KPRC Click2Houston Apr. 12, 2026
Bellwether District could bring up to 19,000 jobs to Philadelphia NBC Philadelphia 2025
Bankrupt Philly refinery PES urges Hilco sale, says restart a “fantasy” Philadelphia Inquirer Feb. 10, 2020
Phillips 66 converts Rodeo refinery to diet of 100% renewable feedstocks Oil & Gas Journal 2024
Contra Costa County gives green light for Marathon, Phillips 66 refinery conversions Oil & Gas Journal 2021
St. Croix Refinery Targets 2027 Restart With Crude Supplier and Fuel Buyer Lined Up (citing Bloomberg) The Virgin Islands Consortium Oct. 7, 2026
Refinery on St. Croix, U.S. Virgin Islands U.S. EPA accessed Oct. 10, 2026
The Trump administration wants more gasoline made in idled refineries from California to sunny St. Croix (Politico, via Yahoo Finance) Politico July 30, 2026
Declaration in support of Chapter 11 petitions, Limetree Bay Services LLC et al., Case 21-32351 (S.D. Tex.) U.S. Bankruptcy Court (via DailyDAC) July 12, 2021
Limetree Bay Ventures Commences Refinery Startup Operations EIG Partners Feb. 1, 2021
ExxonMobil boosts fuel supply with $2 billion Beaumont refinery expansion ExxonMobil Mar. 16, 2023
Phillips 66, Kinder Morgan and HF Sinclair Announce Final Investment Decision for Western Gateway Pipeline Phillips 66 Aug. 11, 2026
Valero Energy (VLO) Q2 2026 Earnings Call Transcript The Motley Fool July 30, 2026
Why Trump’s effort to build more refineries won’t lower gas prices (CNN, via KRDO) CNN Sept. 13, 2026
U.S. Extends Jones Act Waiver Another 90 Days, Adds U.S.-Flag Vessel Availability Test gCaptain Aug. 14, 2026
Narrowed Jones Act exemption slows energy cargo trade (Bloomberg) Transport Topics Oct. 7, 2026
Trump rules out U.S. diesel export ban after G7 release (Bloomberg) Transport Topics Oct. 2, 2026
Energy Department Authorizes Strategic Petroleum Reserve Exchange to Address Supply Disruptions Due to Hurricane U.S. Department of Energy Oct. 10, 2026
DOE offered up to 40 million barrels from the Strategic Petroleum Reserve in an exchange Morning Overview Oct. 9, 2026
Weekly U.S. Ending Stocks of Crude Oil in SPR (WCSSTUS1) U.S. EIA Oct. 7, 2026
EPA, in Consultation with DOE, Expands Gasoline Supply to Lower Prices at the Pump U.S. EPA Aug. 20, 2026
Fuel Waivers U.S. EPA accessed Oct. 10, 2026
Fact Sheet: President Donald J. Trump Promotes Diesel Affordability The White House Oct. 5, 2026
Gas tax holiday bill on ice despite House rule fracas Roll Call Sept. 16, 2026
Trump’s order allows truckers to use red-dyed diesel; OOIDA calls it “minimal relief” Truckers News Oct. 5-6, 2026
Farmers Grateful for Diesel Tax Relief American Farm Bureau Federation Oct. 5, 2026
New Marquette Law School national survey finds Democrats expand lead on congressional ballots; Trump approval declines Marquette Law School Poll Sept. 16, 2026
Marquette Law School Poll national toplines, Sept. 2-9, 2026 (MLSPSC35) Marquette Law School Poll Sept. 16, 2026
Most Americans blame Trump for high prices as midterms approach, a new AP-NORC poll finds The Associated Press Oct. 1, 2026
Reuters/Ipsos October Large Issue Survey topline (Sept. 30-Oct. 5, 2026) Ipsos Oct. 9, 2026
Bipartisan majority of Americans blame Trump policies for rising costs, Reuters/Ipsos poll finds (Reuters, via U.S. News) Reuters Oct. 9, 2026
Number and Capacity of Petroleum Refineries: total operable refineries and operable atmospheric crude distillation capacity (b/cd) by state and PADD, annual as of Jan. 1, 1982-2026 U.S. EIA released June 26, 2026
Official 2024 Presidential General Election Results (compiled from state election offices) Federal Election Commission Jan. 2025
State government trifectas (current status and trifecta status by state, 1992-2026) Ballotpedia accessed Oct. 10, 2026
California’s Oil Refineries (data current as of July 8, 2026) California Energy Commission accessed Oct. 10, 2026
AAA State Gas Price Averages (“Price as of 10/10/26”; checked 9:31 p.m. CT) AAA Oct. 10, 2026
Gasoline explained: Regional gasoline price differences U.S. EIA, Energy Explained accessed Oct. 10, 2026
U.S. Refining Industry: Background and Perspective Energy Policy Research Foundation (EPRINC) Dec. 2008
Valero ends fuel production at Benicia refinery (Argus, republished) Argus via World Ports Organization Apr. 30, 2026
Governor Newsom’s statement on Valero’s Benicia refinery update Office of the Governor of California (posted by the Board of Pilot Commissioners) Jan. 6, 2026
AAA Gas Prices: national averages, “Price as of 10/10/26” (checked about 8:15 p.m. CT) AAA Oct. 10, 2026
Short-Term Energy Outlook, October 2026 (data file, Table 2) U.S. EIA Oct. 2026
Weekly East Coast (PADD 1) ending stocks of distillate fuel oil (WDISTP11) U.S. EIA Oct. 7, 2026
Weekly U.S. percent utilization of refinery operable capacity (WPULEUS3) U.S. EIA Oct. 7, 2026
Weekly product supplied: gasoline (WGFUPUS2), distillate (WDIUPUS2), jet (WKJUPUS2) U.S. EIA Oct. 7, 2026
The PFL Petroleum Markets Report for October 9, 2026 PFL Petroleum Services Oct. 9, 2026
NYMEX ULSD (heating oil) futures quote, @HO.1 CNBC Oct. 9, 2026
Yahoo Finance price history: VLO, MPC, PSX, PBF, DINO, ^GSPC (Dec. 31, 2025-Oct. 9, 2026 closes) Yahoo Finance Oct. 10, 2026
Hours After the Diesel Deal, a Russian Fuel Terminal Caught Fire. Trump Has Pressed Kyiv to Stop at Least Four Times Energy News Beat Oct. 10, 2026
Trump Says Russia Will Supply Diesel. The First 300,000 Tons Is Less Than a Day of U.S. Demand Energy News Beat Oct. 9, 2026
Cheap at the Dock, Costly at the Refinery: Gulf Oil Discounts, Demand Destruction and the Recession Question Energy News Beat Oct. 2026
The $200 Oil Warning Is the Wrong Fear. The Refinery Shortage Is the One That Sticks Energy News Beat 2026
Nearly $1,700 to Fill the Tank: The Heating Oil Shock Hits Northeast Kitchen Tables Energy News Beat Oct. 2026
Hurricane Isaias Update: Track Stays East of the Big Louisiana Refineries, but Diesel and Florida Fuel Remain at Risk Energy News Beat Oct. 8, 2026

 

Appendix B. Key figures

Item Figure Source
AAA national average, Oct. 10 Regular $4.3669 (yesterday $4.3718; week ago $4.3807; month ago $4.2770; year ago $3.1005). Diesel $6.2824 (yesterday $6.2785; week ago $6.3554; month ago $5.9773; year ago $3.6732); record $6.5276 on 9/22/26 AAA
Diesel since Iran war began Feb. 28 Up 70% Reuters via MarketScreener
Days to midterms 24 (Oct. 10 to Nov. 3) [ENB CALC] —
DPA sunset Dec. 11, 2026 (62 days after Oct. 10) for most of Titles I and III and Title VII; §§4514, 4557, 4558, 4565 excepted 50 U.S.C. 4564; CRS IN12484
DPA money $1B appropriated (P.L. 119-21); full $1B realigned to DOE (OMB, June 30, 2026); DOE offered up to $500M ($425M for 12 coal projects, $75M West Gateway Terminal) OpenOMB; DOE
Refinery DPA awards None found by ENB —
U.S. refining, Jan. 1, 2026 130 operable refineries (132 in 2025); 18,160,493 b/cd vs. 18,423,493 in 2025: down 263,000 b/cd, or 1.4% [ENB CALC] (EIA: “down over 250,000 b/cd (about 1%)”); peak 18.98M b/cd in 2020; 301 refineries in 1982 EIA; EIA; EIA state series
Refineries lost by state, 1982-2026 (net) Texas 65→34 (−31, Trump 2024); California 43→12 (−31, Harris); Louisiana 34→15 (−19, Trump); Oklahoma 13→5, Wyoming 12→4, Kansas 11→3 (−8 each, Trump); Pennsylvania 9→3 (−6, Trump); New Mexico 7→1 (−6, Harris) [ENB ANALYSIS] EIA state series; FEC
By 2024 result States Trump won: 216→99 refineries (54.2% net lost); states Harris won: 85→31 (63.5%) [ENB CALC] EIA state series; FEC
Capacity change, 1982-2026 Texas +21.1% (5.07M→6.13M b/cd); Louisiana +19.9% (2.51M→3.01M); together +1.57M b/cd; California −40.9% (2.53M→1.50M) [ENB CALC] EIA state series
Share of 2026 capacity Texas 33.8%; Louisiana 16.5%; California 8.3%; Illinois 5.8%; Washington 3.6%. PADD 1 5.1%, PADD 2 23.6%, PADD 3 54.4%, PADD 4 3.6%, PADD 5 13.3%. States Trump won 74.8%; Harris 25.2% [ENB CALC] EIA state series; FEC
Average refinery size ~59,400 b/cd in 1982 (17.89M ÷ 301); ~139,700 in 2026 (18.16M ÷ 130) [ENB CALC] EIA
U.S. net loss by period 1982-90: 301→205 (−96); 1990-2000: −47; 2000-10: −10; 2010-20: −13; 2020-26: −5 [ENB CALC] EIA; EPRINC
Shutdowns by party control, 1990-2025 (view b) 80 state refineries on EIA’s permanent-shutdown list: divided government 38 (1.74 per 100 refinery-years); Republican trifecta 17 (0.95); Democratic trifecta 13 (1.13); before 1992 7; no date 5 [ENB ANALYSIS] EIA Table 13; Ballotpedia
California refineries CEC (data as of July 8, 2026): 11 crude refineries, 1,338,171 b/d; 7 make CARB gasoline. EIA Jan. 1, 2026: 12 (incl. Benicia). Announced closures found: Phillips 66 Los Angeles (2025), Valero Benicia (2026) CEC; EIA; Valero
AAA state averages, Oct. 10 (checked 9:31 p.m. CT) Regular: California $6.3148; Texas $3.8359; Washington $5.4565; national $4.3669. Diesel: California $8.3884; Texas $5.6890; national $6.2824 AAA
Regional share PADD 1: 928,300 b/cd (5.1%); PADD 5: 2,419,871 (13.3%); PADD 3: 9,876,563 (54.4%) [ENB CALC from EIA list] EIA Refinery Capacity Report
Closures LyondellBasell Houston 263,776 b/cd (Mar. 2025); Phillips 66 Los Angeles 138,700 b/cd (Oct. 2025); Valero Benicia 145,000 b/cd (idled Apr. 2026) EIA; Valero
Net creep at other plants ~139,500 b/cd, 2025-26 [ENB CALC: −263,000 net change + 402,476 closed] EIA; EIA
Utilization 92.7% week ending Oct. 2; 2026 peak 98.0% (week ending 2026-08-28) EIA
PADD 1 distillate 21.687M bbl week ending Oct. 2; 2021-25 same-week average 30.873M; −29.8% [ENB CALC] EIA
SPR 283.0M bbl week ending Oct. 2; lowest since week of Oct. 15, 1982 (280.8M) EIA
Product supplied (4-wk avg to Oct. 2) Gasoline 8,776 kb/d (−0.5% vs. 2021-25); distillate 3,768 (−3.0%); jet 1,739 (+7.2%) [ENB CALC] EIA
EIA STEO forecast (Oct. 2026) Diesel $6.27 Oct. 2026 → 2027 average $4.49; gasoline $4.40 → $3.57 (avg of monthly values, ENB CALC) EIA STEO
Diesel crack vs. Brent $100.80/bbl Oct. 8; ~$91.96 Oct. 9 (ULSD $4.6828 last × 42 − Brent $104.72 settle) [ENB CALC] CNBC; PFL
Refiner stocks, Dec. 31, 2025-Oct. 9, 2026 VLO +166.4%; MPC +179.8%; PSX +115.6%; PBF +210.7%; DINO +163.2%; S&P 500 +14.1% (price change) Yahoo Finance
America First Refining 164,300 b/d (RGVBJ) or 168,000 (Reuters); $3-4B; mechanically complete late 2028, first full year 2029 (company) ; $18,300-24,300 per b/d [ENB CALC] RGVBJ; MyRGV; Reuters
St. Croix Phased 2027 restart target, within about 12 months depending on financing; more than 200,000 b/d eventually (about 220,000 per the CEO in May); prior restart: 2018-Feb. 2021, ~$2.1B plan, >$1B over budget, halted May 2021 VI Consortium; court filing; EIG
Exxon Beaumont +250,000 b/d; $2B; construction began 2019; started 2023; $8,000 per b/d [ENB CALC] ExxonMobil
Western Gateway 230,000 b/d design; ~900-mile new line Borger-Phoenix; ~$5.0B EV; target 2029 Phillips 66
Jones Act Waiver through Nov. 15 with vessel-availability test from Aug. 17; Gulf-to-coasts shipments down >500,000 b/d since mid-Aug.; 9 foreign-flag energy cargoes gCaptain; Transport Topics
Florida Gulf gasoline shipments to Florida 187,000 b/d in August (Vortexa) Argus

 

Appendix C. DPA titles explained

Title What it does What it could do for refining and pipelines Limits
Title I (50 U.S.C. 4511) Priorities and allocations: rated orders; allocate materials Can order priority for steel, equipment, crude or fuel deliveries; energy allocations need findings that the material is “scarce, critical, and essential” and the goal “cannot reasonably be accomplished without” it Does not grant permits, eminent domain or money; OLC (March 2026) says a DPA order can preempt conflicting state law; does not address NEPA
Title III (50 U.S.C. 4533) Expand productive capacity: purchases, purchase commitments, loans, guarantees, grants via the DPA Fund Can fund or backstop a restart, expansion or offtake; April 20, 2026 determination already covers refining, pipelines, storage and terminals Under (a)(6), actions pushing a shortfall’s aggregate above $50M need 30-day notice to the banking committees, and (for an industrial resource shortfall) an Act of Congress above that same $50M; both waivable in a national emergency under (a)(7); money is limited: $1B realigned to DOE, $500M already pledged to coal and a terminal
Title VII (e.g., 4558, 4564) Voluntary agreements with antitrust protection; general provisions and sunset Industry coordination (e.g., supply sharing); 4558 does not sunset Most authorities terminate Dec. 11, 2026 unless Congress acts (4564)

 

Precedents: EO 14241 (Mar. 20, 2025) invoked Titles III and VII for critical minerals (CRS IN12540); Biden’s June 6, 2022 determination covered solar, transformers, heat pumps, insulation and electrolyzers, with first heat-pump awards in November 2023 (American Presidency Project; The Verge); a 2001 natural gas procurement for utilities facing blackouts (CRS R43767); Sable Offshore operational order, March 2026 (Bloomberg Law). Reauthorization: lapsed Oct.-Nov. 2025; extended to Jan. 30, 2026 (P.L. 119-37), then Sept. 30, 2026 (P.L. 119-60), then Dec. 11, 2026 (P.L. 119-103, Sec. 2004) (CRS IN12484; Cornell LII; Senate text). H.R. 7688 would extend to Sept. 30, 2031 and raise the DPA Fund cap from $750M to $2B (House report).

Appendix D. Refinery candidates

Name Location PADD Capacity Status Closure date Restart feasibility [ENB JUDGMENT] Est. time / cost Source
Valero Benicia Benicia, CA 5 145,000 b/cd (EIA list, Jan. 1, 2026) Idled; Valero says it will maintain all required operating permits Full idling completed April 2026 Medium-low (ENB judgment): units intact and permitted, but owner is evaluating redevelopment Months, if the owner agreed (ENB judgment); cost not disclosed Valero; EIA
Port Hamilton (ex-Hovensa/Limetree), St. Croix St. Croix, USVI None (USVI) More than 200,000 b/d eventually (about 220,000 per the CEO in May) Idle; owner targets phased 2027 restart within about 12 months, depending on financing Halted May 2021 (EPA order) Medium (ENB judgment): most advanced restart candidate for the East Coast/Florida by tanker Within about 12 months, depending on financing (owner); last restart took 2018-Feb. 2021 and ran more than $1 billion over a $2.1 billion plan VI Consortium/Bloomberg; Limetree Ch. 11 declaration
Phillips 66 Los Angeles Wilmington/Carson, CA 5 138,700 b/cd Ceased operations; site redevelopment October 2025 Low (ENB judgment) n/a EIA; Phillips 66
LyondellBasell Houston Houston, TX 3 263,776 b/cd Refining ended; two coker units imploded April 12, 2026 March 2025 Very low (ENB judgment): key units demolished n/a EIA; KPRC Click2Houston
Philadelphia Energy Solutions Philadelphia, PA 1 335,000 b/d (former) Being redeveloped as the Bellwether District 2019 None (ENB judgment): bankruptcy filing called restart a “fantasy” n/a NBC Philadelphia; Philadelphia Inquirer
Phillips 66 Rodeo Rodeo, CA 5 120,000 b/d portion converted; now >50,000 b/d renewable fuels Crude processing eliminated Early 2024 Low (ENB judgment): reconversion would undo a completed project n/a Oil & Gas Journal
Marathon Martinez Martinez, CA 5 Former crude refinery; now up to 730M gal/yr renewable fuels Converted to renewable fuels Idled 2020 Low (ENB judgment) n/a Oil & Gas Journal
America First Refining (new) Brownsville, TX 3 164,300-168,000 b/d (sources differ) Air permit; FEED (Fluor) under way; no publicly announced FID (CEO says one was made internally) n/a (greenfield) Medium-low (ENB judgment): financing and a crude pipeline not yet in place Mechanically complete late 2028, first full year 2029 (company); $3-4 billion RGV Business Journal; MyRGV; Reuters
MMEX Pecos (new) Pecos County, TX 3 30,000 b/d first train TCEQ permit July 24, 2026; company reports going-concern doubt n/a (greenfield) Low (ENB judgment): no construction financing Not disclosed MMEX 10-Q
Existing plants: debottlenecking and “capacity creep” Nationwide All ~139,500 b/cd net added by plants other than the two closures, 2025-2026 (ENB calc. from EIA) Ongoing n/a High (ENB judgment) 1-3+ years; Exxon Beaumont added 250,000 b/d for $2 billion (2019-2023) EIA; ExxonMobil

 

Appendix E. Pipeline bottlenecks

Route Link Capacity Status ENB note Source
Colonial Pipeline (Houston-Linden, NJ) PADD 3 to PADD 1 Line 1 ~1.4M b/d gasoline; Line 2 ~1.2M b/d distillates (EIA, 2016) Line 1 fully allocated in 2026 (Argus); no expansion project found Biggest single artery to the Southeast and Mid-Atlantic; DPA could prioritize materials, but no project exists to fund EIA; Argus
Florida supply PADD 3 to Florida by water Florida has no refineries and no direct access to Colonial or Plantation Relies on Jones Act tankers and barges and imports A pipeline is not a near-term fix; vessel supply is EIA
Gulf Coast to West Coast PADD 3 to PADD 5 “Relatively little pipeline capacity” (EIA) West Coast relies on imports and tankers Western Gateway is the only announced fix EIA
Western Gateway Pipeline (Borger, TX-Phoenix; reversed SFPP to California) PADD 3/4 to PADD 5 230,000 b/d (initial) FID Aug. 11, 2026; completion 2029; Phillips 66 49.9%, Kinder Morgan 35.1%, HF Sinclair 15% Already financed privately; DPA Title I priority ratings could in theory speed steel and equipment Phillips 66
Oil pipelines generally All n/a “No federal law broadly preempts state and local siting requirements” for oil pipelines (CRS) Biggest legal gap for a DPA pipeline push; natural gas lines have FERC eminent domain, oil lines do not CRS R44432

 

Appendix F. Other levers

Lever Size Time to effect Status, Oct. 10 ENB assessment Source
Restore broad Jones Act waiver Up to ~500,000 b/d of Gulf-to-coast shipments lost since the Aug. 17 narrowing (Vortexa via TT) Weeks (ENB judgment) Waiver runs through Nov. 15, now voyage-by-voyage; 9 foreign-flag energy cargoes since Aug. 17 High for PADD 1, Florida, PADD 5 (ENB judgment) gCaptain; Transport Topics/Bloomberg
SPR exchanges Up to 40M bbl offered (Sept. 29); 4M bbl emergency exchange Oct. 10 Weeks; crude, not fuel SPR at 283.0M bbl, lowest since 1982; refineries already near full Low for diesel (ENB judgment): crude is not the bottleneck DOE; Morning Overview; EIA
RVP/E15 and early winter-grade waivers Adds gasoline blending flexibility Immediate In place nationwide (EPA, Aug. 20) Modest, gasoline only EPA
Export restrictions Not quantified Immediate Ruled out Oct. 2 after G7 deal; Wright and Burgum warned against it Risky: could cut runs and hurt allies (ENB judgment) Transport Topics/Bloomberg
Red-dyed diesel / federal tax deferral Up to 24.4 cents/gal deferred (not forgiven) Immediate EO Oct. 5; OOIDA: “minimal relief” Small, temporary White House; Truckers News; AFBF
Federal gas-tax holiday 18.4 cents/gal gasoline, 24.4 cents diesel (federal excise) Needs Congress House bill stalled (Roll Call, Sept. 16) Small; does not add supply Roll Call
DPA: restart/expand refining 145,000-230,000 b/d per project About 1-4+ years (ENB judgment) Authority signed April 20; $1B realigned to DOE; no refinery award; DPA sunsets Dec. 11 unless renewed Large but slow; the only lever that adds capacity White House; OpenOMB; Cornell LII

 

Appendix G. Polls

Pollster Field dates Sample MoE (pts) Question Result Note
Marquette Law School (national) Sept. 2-9, 2026 1,023 adults ±3.3 Approve of Trump on gasoline prices 20% 80% disapprove; May 19%, July 21%
Marquette Law School (national) Sept. 2-9, 2026 1,023 adults ±3.3 Approve of Trump on inflation and the cost of living 19% May 22%, July 24%
Marquette Law School (national) Sept. 2-9, 2026 1,023 adults ±3.3 Approve of Trump overall 37%
AP-NORC Sept. 24-28, 2026 2,140 adults ±2.9 Approve of Trump on cost of living 17%
AP-NORC Sept. 24-28, 2026 2,140 adults ±2.9 Approve of Trump on the economy 26%
AP-NORC Sept. 24-28, 2026 2,140 adults ±2.9 Blame Trump’s policies more than factors outside his control for persistently high costs 65%
Reuters/Ipsos Sept. 30-Oct. 5, 2026 4,506 adults ±2 Say Trump administration policies contributed to rising living costs (TM3501Y26_1) 78% 51% a lot, 27% a little
Reuters/Ipsos Sept. 30-Oct. 5, 2026 4,506 adults ±2 Gasoline is the expense they most want Congress to prioritize (TM3329Y25) 20% Second to healthcare (21%); 27% of Republicans

 

Marquette question wording: “Overall, how much do you approve or disapprove of the way Donald Trump is handling each of the following issues? [Gasoline prices]” — 4% strongly approve, 16% somewhat approve (Marquette toplines). Marquette trend on gasoline prices: May 19%, July 21%, Sept. 20%; on inflation and the cost of living: May 22%, July 24%, Sept. 19% (Table 17). Reuters/Ipsos items: TM3501Y26_1 asks whether “Policies and actions of the Trump Administration” have contributed to increasing the cost of living in the past year (51% a lot, 27% a little, 17% no); TM3329Y25 asks which one area of everyday expenses respondents most want Congress to prioritize (healthcare 21%, gasoline 20%, housing/rent 19%, food 17%) (Ipsos topline). AP-NORC’s 65% is comparative: blame Trump’s policies more than factors outside his control (AP). No October poll on gasoline-price approval was found.

Appendix H. Data gaps and conflicts

  • Brownsville capacity. 164,300 b/d (RGV Business Journal) vs. 168,000 b/d (Reuters). Both shown.
  • Reliance deal. Reuters: a 20-year deal to buy the output. RGVBJ: neither company confirmed a 20-year contract; the CEO said Reliance will “buy a little bit of product.” The FT (via MyRGV) reported a “modest initial outlay” of about $40 million.
  • Benicia capacity. EIA lists 145,000 b/cd. ENB did not find a current Valero figure on restart cost or time.
  • Croix capacity. The CEO spoke of about 220,000 b/d in May; the Oct. 7 story says output would “eventually exceed 200,000 barrels.” The 2027 target depends on financing.
  • Brownsville FID. No publicly announced FID; the CEO told MyRGV one was made internally “a few years ago,” with a public announcement to wait until “there’s more capital under the belt.”
  • Croix cost. The 2018-21 restart cost is a lower bound (>$3.1B, from a $2.1B plan plus “more than $1 billion over-budget”). ENB found no current restart budget.
  • Martinez crude capacity. EIA’s permanent-shutdown table lists Martinez at 161,000 b/cd (as Tesoro Refining & Marketing), last operating in April 2020, and Rodeo at 58,200 b/cd. ENB did not find those figures in v1’s sources.
  • California count. “Seven refineries” matches the CEC’s count of plants making CARB gasoline; the CEC lists 11 crude refineries in all, and EIA listed 12 on Jan. 1, 2026 (including Benicia). ENB found no announcement that five more California refineries will close.
  • State closure dates. EIA’s annual state counts give net change only. EIA Table 13 dates each permanent shutdown since 1990, but nothing comparable exists for 1982-89, and Ballotpedia’s trifecta history starts in 1992.
  • DPA directive. Reported by Reuters (three industry sources); not published as of 8:15 p.m. CT Oct. 10.
  • R. 7688 floor action. Congress.gov blocked automated access. Committee action is from the House report.
  • 100 of 106 EIA refinery sites have coordinates in the EIA Energy Atlas layer, which dates from 2017. The six unmatched sites (two Corpus Christi, Galveston, Kapolei, Kern, Newcastle) are not plotted. Pipeline lines are schematic.
  • Time to relief in Chart 5 is ENB judgment. Jones Act volume is shipments lost, not new capacity.
  • EIA’s Brent spot ($125.44, Oct. 6) differs sharply from the futures settle ($104.72, Oct. 9). ENB uses futures for crack spreads.
  • Not read directly: Reuters, Politico and CNN originals (read through syndication: Yahoo, Kitco, MarketScreener, U.S. News, KRDO); Bloomberg (via Transport Topics and VI Consortium); FT (via MyRGV); some congress.gov pages (used EveryCRSReport and GovInfo).

Appendix I. Methods and data file

ENB calculations: cost per b/d = project cost ÷ capacity. Net capacity creep = (2026 − 2025 operable capacity) + capacity of the two 2025 closures. PADD 1 five-year range uses ISO weeks, 2021-2025. Product supplied uses four-week averages. Crack spread = ULSD futures × 42 − Brent futures. Refiner stock changes compare Yahoo Finance closes on Dec. 31, 2025 and Oct. 9, 2026. The STEO 2027 average is the mean of monthly forecasts. The ranking in Chart 5 is ENB judgment, based on the cited capacities and timelines. The downloadable data file with this post contains every chart’s data, the candidate, pipeline, lever, poll and DPA tables, the EIA snapshots and the full source list.

Appendix J. State-by-state refinery data and method [ENB ANALYSIS]

Method. (1) Counts and capacity: EIA “Number and Capacity of Petroleum Refineries,” total operable refineries and operable atmospheric crude distillation capacity (b/cd) as of Jan. 1, by state, 1982 and 2026. 1982 is the first year EIA’s state series covers. EIA publishes no 1996 or 1998 values. Net lost = 1982 count − 2026 count. The U.S. totals exclude territories, and the state rows add up to EIA’s U.S. totals (301; 130; 18,160,493 b/cd). (2) View (a): each state’s statewide 2024 presidential winner from the FEC’s official results (Maine counted Harris, Nebraska Trump). (3) View (b): each permanent shutdown in EIA Refinery Capacity Report 2026, Table 13 (1990 to Jan. 1, 2026), dated by “Date Shutdown” or, if blank, “Date of Last Operation,” and matched to the state’s trifecta status that year from Ballotpedia (1992-2026). Only plants with crude capacity in the 50 states count. Refinery-years = the sum of each state’s Jan. 1 count over 1992-2025, grouped by trifecta status that year; EIA’s 1996 and 1998 gaps are filled with the prior year. Nebraska has a nonpartisan legislature. (4) Cross-check: summing year-over-year net count declines by trifecta status gives the same order (Democratic trifecta 2.4, divided 2.3, Republican 1.2 net declines per 100 refinery-years). (5) Confounders not controlled: industry consolidation and bigger plants, the end of crude price controls and the small-refiner subsidy in 1981, coastal vs. inland crude and product costs, environmental rules, renewable-fuel conversions, and reclassifications in EIA counts. Colors in Charts 9 and 10 show the 2024 result only.

State PADD 1982 2026 Net lost Cap. 1982 (b/cd) Cap. 2026 (b/cd) Cap. change Share of U.S. 2026 2024 winner Trifecta 2026 AAA regular Oct. 10
Texas 3 65 34 31 5,067,748 6,134,650 +21.1% 33.8% Trump Republican $3.84
California 5 43 12 31 2,534,665 1,499,171 -40.9% 8.3% Harris Democratic $6.31
Louisiana 3 34 15 19 2,506,871 3,005,373 +19.9% 16.5% Trump Republican $3.94
Oklahoma 2 13 5 8 566,500 543,800 -4.0% 3.0% Trump Republican $4.04
Wyoming 4 12 4 8 229,735 127,000 -44.7% 0.7% Trump Republican $4.50
Kansas 2 11 3 8 465,459 413,000 -11.3% 2.3% Trump Divided $4.03
Pennsylvania 1 9 3 6 704,041 268,000 -61.9% 1.5% Trump Divided $4.46
New Mexico 3 7 1 6 117,924 110,000 -6.7% 0.6% Harris Democratic $4.43
Indiana 2 7 2 5 602,300 471,700 -21.7% 2.6% Trump Republican $3.92
Illinois 2 8 4 4 1,024,300 1,053,023 +2.8% 5.8% Harris Democratic $4.72
Mississippi 3 7 3 4 371,300 393,940 +6.1% 2.2% Trump Republican $3.94
Michigan 2 5 1 4 128,600 146,000 +13.5% 0.8% Trump Divided $4.67
Utah 4 8 5 3 166,500 213,089 +28.0% 1.2% Trump Republican $4.84
Washington 5 8 5 3 387,730 648,200 +67.2% 3.6% Harris Democratic $5.46
New Jersey 1 6 3 3 735,100 467,000 -36.5% 2.6% Harris Democratic $4.29
Alabama 3 6 3 3 142,900 142,100 -0.6% 0.8% Trump Republican $3.99
Kentucky 2 4 1 3 247,100 307,000 +24.2% 1.7% Trump Divided $4.04
Ohio 2 6 4 2 543,100 606,600 +11.7% 3.3% Trump Republican $3.91
Montana 4 6 4 2 154,050 210,000 +36.3% 1.2% Trump Republican $4.51
Arkansas 3 4 2 2 64,200 90,500 +41.0% 0.5% Trump Republican $3.97
West Virginia 1 3 1 2 22,100 22,300 +0.9% 0.1% Trump Republican $4.28
North Dakota 2 3 1 2 65,250 72,000 +10.3% 0.4% Trump Republican $4.15
Georgia 1 2 0 2 29,000 0 -100.0% 0.0% Trump Republican $3.82
Maryland 1 2 0 2 29,200 0 -100.0% 0.0% Harris Democratic $4.27
New York 1 2 0 2 97,900 0 -100.0% 0.0% Harris Democratic $4.46
Colorado 4 3 2 1 84,400 103,000 +22.0% 0.6% Harris Democratic $4.24
Florida 1 1 0 1 15,000 0 -100.0% 0.0% Trump Republican $4.11
Virginia 1 1 0 1 53,000 0 -100.0% 0.0% Harris Democratic $4.19
Missouri 2 1 0 1 104,000 0 -100.0% 0.0% Trump Republican $4.01
Nebraska 2 1 0 1 5,600 0 -100.0% 0.0% Trump Nonpartisan legislature $4.23
Arizona 5 1 0 1 4,015 0 -100.0% 0.0% Trump Divided $4.72
Oregon 5 1 0 1 15,000 0 -100.0% 0.0% Harris Democratic $5.01
Minnesota 2 2 2 0 194,443 440,000 +126.3% 2.4% Harris Divided $4.27
Delaware 1 1 1 0 140,000 171,000 +22.1% 0.9% Harris Democratic $4.24
Tennessee 2 1 1 0 49,500 180,000 +263.6% 1.0% Trump Republican $3.95
Wisconsin 2 1 1 0 39,000 49,547 +27.0% 0.3% Trump Divided $4.15
Hawaii 5 1 1 0 48,000 93,500 +94.8% 0.5% Harris Democratic $5.64
Nevada 5 1 1 0 4,180 2,000 -52.2% 0.0% Trump Divided $5.45
Alaska 5 4 5 -1 130,023 177,000 +36.1% 1.0% Trump Divided $5.02

 

View (b): EIA Table 13 permanent shutdowns (50 states, crude capacity > 0) by state trifecta status in the shutdown year.

Party control that year Shutdowns Crude capacity shut (b/cd) Refinery-years, 1992-2025 Per 100 refinery-years Share of shutdowns
Before 1992 (not covered) 7 94,150 — — 8.8%
Democratic trifecta 13 569,500 1,149 1.13 16.2%
Divided 38 1,940,186 2,179 1.74 47.5%
Republican trifecta 17 907,841 1,788 0.95 21.2%
n/a 5 38,650 — — 6.2%

 

Sources: EIA state series; EIA Refinery Capacity Report 2026, Table 13; FEC; Ballotpedia; AAA. The full shutdown list, the yearly net changes and every state row are in the data file.

 

The post Should the Trump Administration Use the Defense Production Act to Expand Refineries and Pipelines? appeared first on Energy News Beat.

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Stu

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Founded in 2019 as a boutique oil and gas financial advisory firm, Sandstone Group has grown into a comprehensive energy consultancy with divisions in financial advisory, media, and asset management. Our vision is to eliminate energy poverty worldwide by bridging innovative technologies, capital, and thought leadership.

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