(Clean Fuels Alliance America) Today (May 15, 2024), 25 trade associations representing producers, feedstock providers, blenders, consumers, and retailers of low-carbon, renewable fuels sent a letter to Treasury Secretary Janet Yellen, urging Treasury to finalize and publish guidance for the §45Z Clean Fuels Production Credit as soon as possible. The new credit, adopted in the 2022 Inflation Reduction Act, is designed to incentivize domestic production of low-carbon fuels on a technology-neutral basis. The value of the credit is based on the life-cycle greenhouse gas emission score of each fuel.
“With the Sec. 45Z credit set to take effect January 1, 2025, our member companies and organizations may face significant headwinds and business risk if this guidance is not published promptly,” the groups write. “Any extended delays in publication of guidance for the Sec. 45Z credit may disrupt project timelines, impede capital flows, and threaten existing production and demand for low carbon renewable fuels.”
Kurt Kovarik, Vice President of Federal Affairs for Clean Fuels Alliance America, added, “U.S. biodiesel and renewable diesel producers are facing uncertainty as the transition from the biodiesel and renewable diesel blender credit to the producer credit. They are facing difficulties already as they try to negotiate feedstock and fuel offtake contracts for next year. The need for policy certainty is urgent.”
Joining Clean Fuels in signing the letter are Advanced Biofuels Business Council, Airlines for America, Alternative Fuels & Chemicals Coalition, American Biogas Council, American Short Line and Regional Railroads Association, American Soybean Association, Associated Equipment Distributors, Association of American Railroads, Association of Equipment Manufacturers, Cargo Airline Association, Coalition for Renewable Natural Gas, General Aviation Manufacturers Association, Growth Energy, Methanol Institute, National Air Transportation Association, National Business Aviation Association, National Corn Growers Association, National Oilseed Processors Association, North American Renderers Association, Renewable Fuel Association, SAF Coalition, U.S. Canola Association, Vertical Aviation International, and Waste Gas Capture Initiative.
ABOUT CLEAN FUELS ALLIANCE AMERICA
Made from an increasingly diverse mix of resources such as recycled cooking oil, soybean oil, and animal fats, the clean fuels industry is a proven, integral part of America’s clean energy future. Clean Fuels Alliance America is the U.S. trade association representing the entire biodiesel, renewable diesel and sustainable aviation fuel supply chain, including producers, feedstock suppliers and fuel distributors. Clean Fuels receives funding from a broad mix of private companies and associations, including the United Soybean Board and state checkoff organizations. READ MORE READ Letter
Related articles
- Biofuels industry urges US administration to fast-track clean fuel tax credit guidance (S&P Global)
- Duncan: Sound policymaking needed to fully scale SAF (Farm Week Now/Illinois Farm Bureau)
- 52 lawmakers urge Treasury to issue 45Z guidance (Biomass Magazine)
- Associations Urge Treasury Department to Publish Comprehensive Guidance for Clean Fuel Production Credit (NATSO/PR Newswire)
- SAF Coalition Stakeholder Comments on Energy Credits & Incentives (SAF Coalition)
Excerpt from S&P Global: The IRC Section 45Z Clean Fuel Production Credit, colloquially known as 45Z, is a federal tax subsidy outlined in the 2022 Inflation Reduction Act designed to incentivize the domestic production of fuels with 50% lower lifecycle greenhouse gas emissions than petroleum. It will replace several expiring tax credits for the production of specific kinds of biofuels but, unlike those past provisions, will be "technology neutral" and designed to subsidize production of any kind of fuel that can meet the GHG reduction target.
According to the Congressional Research Service, the credit is also designed to scale beyond the 50% reduction threshold, up to a maximum of $1/gal for nonaviation fuel and $1.75/gal for aviation fuel. Producers that reduce carbon intensity scores beyond 50% are eligible for an additional 2 cents per point of carbon intensity reduction; a 60% reduction would net an additional 20 cents/gal.
Those subsidies could be significant sources of revenue for biofuels producers, but who exactly will be able to qualify -- and what techniques they will need to employ at various stages of the supply chain -- remain uncertain.
...
US Secretary of Agriculture Tom Vilsack has encouraged corn growers to begin using climate-smart agricultural practices while insisting US agriculture will benefit from the administration's desire to find and produce more low-carbon fuel.
Hints from the SAF credit fight
A similar dynamic played out in the fight for eligibility for the Inflation Reduction Act's 40B credit, which specifically incentivized the production of sustainable aviation fuel that met the 50% emissions reduction target. The guidance for that credit, released April 30, was delayed by nearly two months from its initial deadline, the result of a lengthy interagency process to update the Department of Energy's GREET model to codify how fuel made from corn and soybeans would be scored on a lifecycle GHG emissions scale.
In the end, corn feedstocks needed to be the product of a "bundle" of climate-smart agricultural practices: no-tilling, cover cropping, and enhanced efficiency fertilizer. Without all three, ethanol could not qualify for SAF production credits.
Industry response to the 40B guidance was mixed. While some lamented the need for all three practices and called land use concerns inflated, most groups were pleased the government had for the first time codified the impact of such techniques on emissions reduction.
Mostly, because the timing of the announcement came in the midst of spring planting season, the 40B guidance was seen as symbolic, at least for 2024.
"Treasury's SAF guidance speaks more to the administration codifying the important role CSA practices play in decarbonizing liquid fuels than the amount of ethanol-to-jet that will qualify for the 40B credit," American Coalition for Ethanol President Brian Jennings said.
Sustainable aviation fuel could represent a "$36 billion industry," Vilsack said in April, but the market remains nascent. In 2022, the administration launched the SAF Grand Challenge, which aims to boost SAF production by at least 3 billion gallons/year by 2030 and 35 billion gallons/year by 2050. Currently, however, SAF accounts for just 0.05% of jet fuel worldwide. At the time, Vilsack hinted the 45Z model could look similar to 40B.
"The guidance provided by the Treasury Department is going to provide a clear pathway for how best to qualify for the 40B tax credit, but also create a process to expand opportunities under 45Z," Vilsack said. "It sends a clear signal to the market that they are going to be a part of this exciting new future in 2025 and beyond."
"45Z is where the rubber really meets the road," Renewable Fuels Association President Geoff Cooper said. READ MORE
Excerpt from Farm Week Now/Illinois Farm Bureau: The Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model will be used to assess the 50% emission reduction.
Illinois Farm Bureau policy supports use of the GREET model in scoring the carbon intensity of agricultural feedstocks for SAF and other biofuels. We have advocated with federal officials to select GREET because it incorporates accurate, updated data around emissions and land-use changes, and recognizes on-farm practices to lower the carbon intensity of SAF and biofuel feedstocks.
The Treasury’s guidance for ethanol and biodiesel facilities will require farmers to demonstrate multiple sustainable practices including no-till farming, cover crops and energy-efficient fertilizer use. The bundled requirements are restrictive and lack the flexibility farmers need to use carbon-reducing practices that work for their farm.
Development of 45Z SAF tax credit guidance for 2025 through 2027 should include more options and flexibility in farming methods that qualify and allow farmers to adjust their methods from year to year.
It should also utilize the existing feedstock calculator available for use with GREET to determine on-farm carbon intensity of practices implemented by farmers to grow grain for SAF.
Federal and state-level incentives, such as Illinois’ $1.50-per-gallon SAF purchaser and user tax credit, are crucial for stimulating the SAF market. About 25 million gallons of SAF were produced in 2023, far below the current administration’s SAF goal of 3 billion gallons by 2030 and 35 billion gallons by 2050.
Modeling from Iowa-based Decision Innovation Solutions suggests U.S. agriculture has the production capacity of meeting about half of future SAF grain demand. SAF produced from soybean oil would account for four billion gallons, while SAF made from corn ethanol would make up another 6 to 11 billion gallons.
To contribute to those production levels, Illinois would need to establish 14 more 200-million-gallon ethanol plants and invest in other SAF infrastructure. Such expansion could lead to an extra $13 billion in economic activity per year, DIS models show.
Without a viable SAF market, corn farmers risk losing out on $2 billion per year through 2050. These are real, tangible dollars that farm families can use to sustain their operations and pass them on to the next generation.
To fully scale SAF technology and realize its market potential, today’s policy decisions around SAF must provide the certainty and flexibility farmers need to meet demand.
Airlines and biofuel producers require a solid backstop to their major investments into SAF technology just as much as farmers deserve credit for adopting and implementing sustainable farm practices used to produce SAF feedstocks.
This economic opportunity is too valuable to get wrong. READ MORE
Excerpt from SAF Coalition: The Sustainable Aviation Fuel Tax Credit - 40B and the Clean Fuel Production Tax Credit - 45Z
4.Geographic Beneficiary (state, region, etc.)
The SAF Coalition has over 50 members representing a range of stakeholders and the full complement of the supply chain including feedstock growers, aviation fuel producers and fuel refiners, airlines, aircraft manufacturers, aviation workers, business travelers, and more. The geographic breadth of the coalition is vast. A full list of our members is below— • Advanced Biofuels Canada • ALPA • Airlines for America • Alaska Airlines • Amazon • American Airlines 2 • American Carbon Alliance • American Express Global Business Travel • Atlas Air • BIO • Boeing • Bracewell • Cincinnati/Northern Kentucky International Airport (CVG) • Darling Ingredients • Earth Optics • Enviva • Fulcrum Bioenergy • GE Aerospace • Gevo • Global Business Travel Association • Green Plains • Growth Energy • Hawaiian Airlines • Honeywell • International Airlines Group (IAG) • Infinium • JetBlue • LanzaJet • LanzaTech • Marquis Energy LLC • National Air Carriers Association (NACA) • NetJets • POET • Port of Portland • Port of Seattle • Renewable Fuels Association • RSM • San Francisco International Airport (SFO) • Shell • SkyNRG • Southwest • Spokane International Airport • Sumitomo Corporation of Americas • Summit Agricultural Group • Syzygy Plasmonics • Topsoe • Twelve • United 3 • Velocys • VeriJet • World Energy • XCF Global Capital, Inc.
5.Economic Benefits (dollar amounts, jobs, investments, or more general information and evidence)
The economic benefits associated with SAF investment are well-documented and significant. A January 2024 economic impact study1 commissioned by the Iowa Renewable Fuels Association found that meeting the goal of the SAF Grand Challenge, which calls for the production of 35 billion gallons of SAF by 2050, would achieve the following:
• Boost employment by 224,440 jobs
• Increase labor income by $9.3 billion
• Add $427 million to farm revenues in ethanol plant basis premiums alone
• Raise farm income by $11,670 for a typical 1000-acre farm split 50/50 between corn and soybeans.
Similarly, another study by a Washington think tank2 estimates that replacing conventional jet fuel with SAF by 2050 could result in:
• Nearly $800 billion in capital expenditures to construct SAF production facilities and upstream infrastructure and over $650 billion in ongoing operations and maintenance expenditures to sustain these facilities. This includes investments in supporting sectors such as wind, solar, hydrogen, and agriculture.
• Significant economic opportunities in the Midwestern and Great Plains regions of the US, with several states such as Texas, Oklahoma, and Nebraska having the potential to see over $100 billion in investments related to SAF production over the next 25 years.
• Up to 153,000 US jobs in the SAF industry at its peak, supporting nearly 250,000 additional jobs in the broader economy and eclipsing any consequential job losses in the fossil fuel industry nationally.
• High-quality employment opportunities for workers in SAF production and related sectors with annual incomes typically exceeding the national average.
While estimating future impacts of tax incentives is uncertain, we can also look to historical precedents to gage the efficacy of tax policy. Today, the US biofuels industry leads the world in both innovation and output, reduces smog and greenhouse gases, and supports rural economies with thousands of jobs. This would not have been possible in the absence of robust, long-term incentives for biofuels. Comparable support for the SAF industry is necessary to ensure our competitive edge as this key market develops.
6. Are you looking for a REGULATORY or LEGISLATIVE change/fix?
Both 7.
If Regulatory, is the Congressional Intent of this policy being followed by the Biden Administration? What could be improved? If Legislative, what change needs to be made to the code?
Legislative
Provide a longer duration for the SAF tax incentives to support SAF marketplace and agricultural sector. Given the lengthy time required to finance, design, permit, and build a new fuel production facility, the short duration of the existing incentives (2 years of Section 40B +3 years of Section 45Z) does not provide suficient certainty to attract and sustain the private sector investments needed for robust SAF development and deployment.
Like under the 45V credit for clean hydrogen We recommend that the 45Z tax credit be extended for at least 10 years from the date the SAF facility is placed in service to provide needed policy certainty in order to reduce risk and unlock the level of investment at all points of the SAF supply chain, including for deployment of innovative new production technologies.
• Enhance the value of SAF tax incentives.
Congress enacted two distinct, but complementary tax policies designed to incentivize SAF. The Section 40B SAF Blenders Tax Credit provides a tax credit of up to $1.75 cents per gallon for the sale or use of sustainable aviation fuel (SAF) that achieves a lifecycle greenhouse gas emissions reduction of at least 50% as compared with petroleum-based jet fuel. This blender’s tax credit will expire on Dec. 31, 2024. After the expiration of the 40B credit, the Section 45Z Clean Fuels Production Credit will provide a tax credit for domestic production of clean transportation fuels, including sustainable aviation fuels, for fuel produced beginning in 2025 through 2027. The value of this new tax credit for fuels is based on their carbon intensity (CI) score against a baseline level of 50kg CO2e/mmbtu.
In addition to the need for a longer duration in order to create an effective incentive for the marketplace, there is a need to ensure that the value of the Clean Fuels Production Tax Credit applicable to SAF is not inferior to the value that is provided by the SAF Blenders Tax Credit. However, because of the way the 45Z credit is calculated, the value of the Clean Fuels Production Credit lacks the higher base payment level of the SAF Blenders Tax Credit, resulting in significantly lower incentive values for the same amount of carbon reduction in nearly all cases.
Although SAF with a 100% lifecycle GHG reduction will receive $1.75 under both credits, the 45Z credit provides much less value for fuels achieving a 50-100% reduction than the SAF Blender’s Tax Credit. For example, while a SAF that achieves a 50% reduction will receive the $1.25 base credit under the SAF BTC, the same fuel will receive roughly $0.10 under the 45Z Clean Fuel Production Credit. In order to ensure a level playing field for SAF vis-à-vis other clean fuels when considering the totality of the policy environment, including disincentives for SAF under the EPA Renewable Fuel Standard, a higher tax incentive value for SAF would send a stronger signal to support sustained investment in producing these new fuels. For example, SAF tax credits with bonus values for SAF 5 help bridge the gap with other biofuels and encourage a positive investment signal. Along with extension of the 45Z credit, enhancing the value of the credit will further support the long-term investment needed to bolster U.S. SAF leadership.
Regulatory
• Ensure tech neutrality of SAF tax incentives. The Executive Branch should ensure tech neutrality of SAF tax incentives, regardless of the particular tax credit (e.g., 40B, 45Z). It is critical that decarbonization practices for fuel production and feedstock generation be allowable under, and incentivized by, the 45Z or any other tax credit, to ensure that the lifecycle emissions of fuel and SAF manufacturing would have a path to full credit for mitigation. To this end, fuel producers should be allowed to select from any practice or technology recognized and evaluated by the ANL GREET as well as encourage a process for provisional data submittal for first-of-its-kind technology deployments. Feedstock producers should likewise be allowed to implement any practice or technology that will mitigate carbon emissions and is recognized by ANL-GREET from the growing or production of agriculturally derived feedstocks.
• Ensure Complimentary Actions at EPA Consistent with the Goals of the SAF Tax Incentives. While Treasury action on lifecycle GHG modeling and use of the GREET model is critical to operationalizing the SAF tax credits and recognizing all reductions, a whole of government approach will be necessary to commercialize certain pathways. Despite a clear intent from Treasury and DOE to provide a path forward for corn ethanol to jet technologies to participate in the SAF tax credits via adoption of the 40B GREET model, corn ethanol to SAF needs parallel action under the EPA Renewable Fuel Standard to similarly recognize updated science and low carbon practices, including carbon capture and sequestration and climate smart agriculture. In a similar vein, power-to-liquid SAF produced from captured biogenic carbon dioxide, water, and renewable electricity needs parallel action under the EPA RFS too so that RIN generation for such fuel is possible.
8. Was this issue created by the Inflation Reduction Act being signed into law? (For example: "Techneutral" credits, etc) If Yes, please explain.
Yes, explanation is provided under Question 9 below.
No 9. Explanation
Yes. The Inflation Reduction Act (IRA) established the tax credit for SAF through 40B and 45Z but put them in place for too short a time. This leads to unpredictability in the market, rewards only already established producers rather than new innovators, and stifles the market signal aimed at the long-term investments that 6 are needed to benefit all U.S. stakeholders in the SAF supply chain, thus enhancing the competitiveness of U.S. SAF production and enabling it to lead in the global marketplace.
1 Sustainable Aviation Fuel for the Future: What does Iowa Have to Gain. Prepared by Decision Innovation Solutions for the Iowa Renewable Fuels Association, January 2024. Accessed here: 240112-Iowa-Sustainable-Aviation-Fuel-forthe-Future.pdf (iowarfa.org) 2 Soaring to New Heights: The Economic Impacts of Building an American SAF Industry. By Third Way, April 2024. Accessed here: https://thirdway.imgix.net/pdfs/override/Soaring-to-New-Heights.pdf 4 READ MORE
Excerpt from NATSO/PR Newswire: NATSO, representing travel centers and truck stops, SIGMA: America's Leading Fuel Marketers, the National Association of Convenience Stores (NACS), American Trucking Associations and Truckload Carriers Association urged the U.S. Treasury Department and the Internal Revenue Service (IRS) to publish comprehensive guidance for the new 45Z Clean Fuel Production Credit that minimizes inflationary pressure on retail fuel prices.
In a joint letter to the U.S. Department of Treasury and the Internal Revenue Service, the trade associations said impending guidance will have "immediate, direct, and traceable impacts" on the supply and price of gasoline and diesel. Fuel purchasers must be able to determine the precise tax credit value associated with each gallon of biofuel to ensure consumers access the value of the credit.
"If designed improperly, the implementing guidance could inject massive disruption and confusion into already-volatile motor fuel and biofuels markets," the trade associations wrote. "The consequence will undoubtedly be higher prices at the pump for consumers."
The associations urged Treasury to publish guidance that includes:
- Disclosure of precise credit values for fuel originating from different production facilities to ensure price transparency, enabling consumers to benefit from the credit in the form of lower prices at the pump;
- Additional stringency for the model that calculates the lifecycle emissions of aviation fuels to ensure that implementation of the Clean Fuel Production Tax Credit is consistent with the Inflation Reduction Act;
- Strategies that ensure the 45Z credit does not shut off renewable diesel and biodiesel imports which help to lower fuel prices and emissions; and
- Policies that limit the migration of feedstock away from renewable diesel and biodiesel toward sustainable aviation fuel to ensure that feedstocks continue to gravitate toward the most environmentally compelling end-use.
The new Clean Fuel Production Tax Credit differentiates between what historically have been fungible commodities. Today, every gallon of biodiesel and renewable diesel receives the same tax treatment. If implemented improperly, the Clean Fuel Production Credit threatens to inject disruption across the fuel chain.
If upcoming guidance does not account for what today are routine commercial decisions when buying and blending biofuels, it will become increasingly difficult to avoid inflationary pressure on retail fuel prices. Treasury's implementing regulations for the 45Z Credit must also include additional stringency requirements for the model that calculates the lifecycle emissions of aviation fuels relative to the model that calculates the emissions of non-aviation fuels.
NATSO, SIGMA, NACS, ATA and TCA look forward to working with the Treasury Department as it implements this new clean fuel policy.
About NATSO, SIGMA
NATSO is the trade association of America's travel plaza and truck stop industry. Founded in 1960, NATSO represents the industry on legislative and regulatory matters; serves as the official source of information on the diverse travel plaza and truck stop industry; provides education to its members; conducts an annual convention and trade show; and supports efforts to generally improve the business climate in which its members operate. Contact: Tiffany Wlazlowski Neuman, Vice President, Public Affairs. 202-365-9459
SIGMA is the national trade association representing the most successful, progressive, and innovative fuel marketers and chain retailers in the United States and Canada. Founded in 1958 as the Society of Independent Gasoline Marketers of America (SIGMA), SIGMA has become a fixture in the motor fuel marketing industry. Representing a diverse membership of approximately 250 independent chain retailers and marketers of motor fuel, the association serves to further the interests of both the branded and unbranded segment of the industry while providing information and services to members. For more information visit SIGMA.org. READ MORE
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