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Regulatory and Policy Analysis of Production, Development and Use of Sustainable Aviation Fuels in the United States

Aviation Fuel (Sustainable Aviation Fuel (SAF)), Business News/Analysis, California, Environmental Protection Agency, European Union (EU), Federal Agency/Executive Branch, Federal Legislation, Federal Regulation, France, Funding/Financing/Investing, Germany, Hawai'i, History of Advanced Biofuels, Netherlands, Norway, Opinions, Oregon, Policy, Sustainability, UK (United Kingdom), Washington
January 3, 2022

Ekrem Korkut and Lara B. Fowler (Frontiers in Energy Research)  The United States, spurred in part by international developments, is expanding its law and policy to incentivize the use of sustainable aviation fuels. While the U.S. has agreed to participate in the International Civil Aviation Organization’s (ICAO’s) Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), it has only recently adopted federal rules that define greenhouse gas emission reduction standards for certain classes of airplanes (effective January 2021). However, such standards focus on engine efficiency rather than the fuel burned. For sustainable aviation fuels, the U.S. continues to rely on voluntary programs at a federal, state, and regional level. The federal Renewable Fuel Standard program allows producers to opt in. In addition, states have started to allow sustainable aviation fuel producers to “opt in” to their programs; this includes California’s Low Carbon Fuel Standard, Oregon’s Clean Fuels Program, and Washington’s newly adopted Clean Fuels Program. Other states are also starting to consider such programs. Elsewhere, states like Hawaii are starting to support SAF production in other ways, including through tax mechanisms. In addition, regional and private efforts to adopt and/or promote sustainable aviation fuels are underway. This piecemeal approach—due in part to the lack of cohesive U.S. federal policy—stands in contrast to the European Union’s Renewable Energy Directive and Emissions Trading System, and adoption of policies by European countries. Because of aviation’s international nature, tracking what is happening in Europe matters greatly for U.S. carriers. As the U.S. works to meet its international obligations through CORSIA, finding a way forward with sustainable aviation fuel in the United States may depend on a more defined federal policy. Actions taken by both the EU and European countries offers some guidance for actions that could be taken by the U.S. Even in the absence of more defined measures, better tracking of voluntary measures is a critical step.

In 2016, the U.S. Environmental Protection Agency issued an “endangerment finding” that greenhouse gas emissions from aviation contributed to air pollution under the Clean Air Act. On December 28, 2020, EPA published its first greenhouse gas emissions regulations for airplanes. Further, the U.S. Renewable Fuel Standard (RFS) program, originally enacted in 2005 and amended in 2007, allows renewable jet fuel to generate credits and creates an incentive for SAF; however, these are not requirements. In addition to voluntary opportunities under the RFS, agreements at ICAO are resulting in changes in U.S. policy as mentioned above. More details on each of these dynamics is addressed in further detail below, followed by a review of state and regional/industry initiatives in Part 4.

Opportunities for Voluntary Credits Under the U.S. Renewable Fuel Standard Program

Although the 2016 Endangerment Finding sets out a not-yet realized regulatory approach for greenhouse gas emissions, there is also a voluntary way for aviation fuel producers to earn credits under the U.S. Renewable Fuel Standard (RFS) program. The U.S. Energy Policy Act of 200516 established the RFS program and added requirements for renewable fuel production as a new section to the Clean Air Act: CAA Section 211(o).17 The program’s goal is to designate “a certain volume of renewable fuel to replace or reduce the quantity of petroleum-based transportation fuel, heating oil or jet fuel” (EPA, n.d.a). The Energy Independence and Security Act of 2007 (EISA) increased the mandatory use of renewable fuel to 36 billion gallons of U.S. biofuels in use by 2022.18 It further specified that 21 billion gallons of the 2022 goal must be derived from second generation feedstocks: non-food-based sources such as cellulosic biofuels.19 However, volume requirements for both total renewable fuel and total advanced biofuel have not been met since 2013; this has been authorized through the use of annual waivers (Bracmort, 2020, p. 1).

The RFS requires “obligated” parties to produce or purchase renewable fuels for blending. An obligated party is any “any refiner that produces gasoline or diesel fuel within the 48 contiguous states or Hawaii, or any importers that import gasoline or diesel fuel into the 48 contiguous states or Hawaii during a compliance period.”20 The definition of “obligated parties” does not include aviation fuel producers. Although federal law does not mandate production or use of renewable jet fuel, producers or importers of renewable jet fuels can generate credits under the RFS program if their fuels meet the definition of renewable fuel in 40 CFR Section 80.1401.

This definition includes four categories of renewable fuels: biomass-based diesel, cellulosic biofuel, advanced biofuel and total renewable fuel. Renewable fuels must achieve a reduction in GHG emissions compared to a 2005 petroleum baseline to qualify as a renewable fuel under the RFS program. EISA defines advanced biofuel (code “D-5”) as a renewable fuel, other than corn ethanol, that reduces greenhouse gas emissions by at least 50% when compared to petroleum diesel.21 Cellulosic biofuel (D-3, D-7) is a renewable fuel derived from cellulose, hemicellulose, or lignin derived from renewable biomass and provide a 60% reduction in emissions from baseline gasoline and diesel.22 Biomass-based diesel (D-4) must have a 50% lifecycle GHG reduction.23 Finally, renewable fuels (D-6) is produced from renewable biomass and must achieve at least a 20% reduction in lifecycle GHG emissions.24 Renewable jet fuels can qualify for RINs mostly under the D-4 code. Depending on the production process, they may also qualify for D3, D-5, and D-7.

EPA has approved renewable fuel pathways under the RFS program for all four categories of renewable fuels (EPA, n.d.b). For example, the advanced biofuel pathways already include ethanol derived from sugarcane, cellulosic ethanol made from corn stover, and sustainable jet fuel made from camelina (EPA, n.d.c).

Based on a petition by a renewable fuel producer, EPA periodically approves new pathways for alternative fuels based on feedstock and processes, codified at 40 C.F.R. Section 80.1,426. For example, on September 23, 2019, EPA approved a pathway request from Texmark Chemicals for the production of biomass-based diesel (D-4) for renewable jet fuel (EPA, 2019).25

Credits under the RFS program are tracked using “Renewable Identification Numbers” or RINs. At their simplest, RINs are the “currency” of the RFS program. They serve as the accounting mechanism and trading currency used by obligated parties to satisfy the RFS.

 Renewable jet fuel has an equivalence value of 1.6, so 1 gallon of renewable jet fuel is associated with 1.6 RINs. These RINs are created by renewable fuel producers or importers, and generally sold along with the renewable fuel to gasoline refiners or importers. RIN production for renewable jet fuel has been modest compared to other renewable fuel types. In 2019, fuel producers introduced 2,428,369 gallons of renewable jet fuel (EV 1.6), which generated 3,885,392 RINs. Despite the COVID-19 pandemic, this number almost doubled at the end of 2020, where producers introduced 4,608,379 gallons of renewable jet fuel (EV 1.6), which generated 7,373,408 RINs (EPA, n.d.c).

Although renewable jet fuels have one of the highest equivalence values (1.6), it still has an equivalence value smaller than renewable diesel (1.7). Because the production of renewable jet fuel generally costs more than renewable diesel, fuel producers prefer to produce renewable diesel rather than renewable jet fuel. One potential medication to incentivize SAF production would be to increase SAF’s equivalence value to 1.7 (Ghatala, 2020).

In addition, a report published by the Atlantic Council proposes extension of application of various tax credit programs to SAF production and development to reduce the price gap between SAF and conventional jet fuel (Ghatala, 2020, p. 39). Possible programs include an investment tax credit program for SAF production facilities, a performance tax credit similar to the IRS section 45Q, which provides a tax credit on a per ton basis for CO2 that is sequestered or CO2 used in enhanced oil or natural gas recovery, and a SAF-focused production tax credit (Ghatala, 2020, p. 16). In addition, existing programs can be modified. For example, the Biodiesel and Renewable Diesel Blender Tax Credit (BTC) is paid to the fuel blenders that place renewable fuels into the market (Ghatala, 2020, p. 21).26 SAF qualifies as a renewable diesel under the BTC, thereby decreasing production cost relative to fossil jet fuel but not against renewable diesel (Ghatala, 2020, p. 21).27 The program provides $1.00 per gallon of biodiesel or renewable diesel used in the blending process. Because this program expires in December 2022, the report proposes extending the program for SAF for a longer term.28

The opportunity to implement or extend such tax credits exists. Congress introduced the Sustainable Skies Act in May 2021, which would create a blender’s tax credit for SAF. The bill would provide a long-term blender’s tax credit between $1.50/gallon up and $2.00/gallon for fuels that achieve a 100% GHG emissions reductions (Hubbard, 2021). However, this has not yet passed.

Despite the 2016 Endangerment Finding and subsequent federal laws related to regulating aviation emissions, U.S. federal law and policy remains based on voluntary measures driven by the Renewable Fuel Standard.

In September 2018, CARB voted to add SAF producers to the list of entities that may voluntarily opt-in to the LCFS program. As of January 1, 2019, alternative jet fuels can generate credits under California’s LCFS. Currently, aircraft, military vehicles, ocean vessels, and locomotives are exempt from LCFS regulation. Some SAF related credits are being generated under this opt-in.

On November 5, 2020, the average incentive per gallon for SAF in a given year was $1.0516/gal, a decrease from $1.4250/gal (Pedrick, 2020); additional information on SAF consumed versus credits is included in Table 1. However, SAF production in California is sputtering compared to production of renewable diesel. Why? The main reason is that renewable diesel allows an obligated party to avoid generating deficits that would have resulted from the use of conventional diesel. However, conventional jet fuel or aviation gasoline is exempt under the LCFS and does not generate deficits. Second, a fuel with a low carbon intensity (e.g. produced from used cooking oil or tallow) will generate more revenue than a fuel with a high carbon intensity (e.g. produced from soybean oil) (Mazzone et al., 2021, p. 13). Renewal diesel and SAF are produced by using similar feedstocks and process. However, SAF requires an additional fractionation step which adds cost to the production of SAF. Because the LCFS program assigns renewable diesel a higher energy density, obligated parties prefer to produce renewable diesel compared to SAF (Mladenik, 2020).

Oregon’s Clean Fuels Program is modeled on California’s LCFS; like in California, the aviation sector is not required to but may generate credits.

Fuels used for aviation, construction equipment, farm vehicles, locomotives, logging vehicles, military vehicles, racing vehicles and watercrafts are exempt from the carbon intensity reduction requirements. However, as of January 1, 2019, renewable aviation fuels are now an “opt in” fuel for generating credits, which may spur further development (Lipson, 2019).41

The State of Washington followed the path taken by California and Oregon by adopting a Clean Fuels Program which allows SAF producers to generate credits. This is critical as Washington has several large U.S. Air Force and Navy installations and is among the top-10 jet fuel consuming states (U.S. Energy Information Administration, 2021b). It is also home to Boeing, one of the world’s largest aircraft manufacturers.

Setting the stage was Washington’s Renewable Fuel Standard (WRFS), effective in 2013, which requires that at least 2% of all of the diesel fuel sold within the state be biodiesel or renewable diesel.46 

The bill ordered the Washington Department of Ecology to develop rules to implement the program which must become effective no later than January 1, 2023.50 The bill exempts fuels used for aircraft, vessels, railroad locomotives, military tactical vehicles, and until January 1, 2028, logging, off-road, agriculture and mining vehicles (Hopkins et al., 2021).51 However, like in California and Oregon, these industries can voluntarily opt in to the program in order to generate credits. The Clean Fuels Program will be linked to low carbon fuel standard programs in Oregon and California, creating a robust market for carbon reduction credits (Christensen et al., 2021). How this regional approach affects aviation-related credits also remains to be seen.

Hawaii is beginning to develop an incentive system for SAF, mainly through tax credits. This is bolstered by Hawaii’s determination to “achieve its goal of 100 percent of renewable energy generation by 2045” (Hawaii State Energy Office, N.D.). Although this is currently focused on generation of electricity, Hawaii’s focus on renewable energy sources may provide the policy support needed to grow the biofuels industry for transportation, including for aviation.

There are a number of laws in place that support renewable fuels. For example, Hawaii enacted the Hawaii Environmental Response, Energy, and Food Security Tax (aka the “Barrel Tax”) in 1993. The Barrel Tax, originally set at $0.05 per barrel, increased to $1.05 per barrel on July 1, 2010 with the passage of Act 73, Session Laws of Hawaii 2010.52 In theory, the tax discourages the importation and use of petroleum-based fuels, incentivizing the use of alternative or biofuels. Its major impact, however, has been to create a funding source for energy and food security initiatives. 

A direct avenue to support aviation and implementation of SAF may come through a production tax credit. A renewable fuels production tax credit provides an income tax credit equal to $0.20 per 76,000 BTUs (or about $0.29 per gallon) of renewable fuels including renewable jet fuel sold for distribution in Hawaii beginning after December 31, 2016.54

However, this tax credit program expires on December 31, 2021; 58 if it is renewed, it may be a vehicle to support production of SAF.

Financial incentives and a voluntary market may also help. In 2021, Hawaii passed House Bill 683, which has established a SAF program to provide matching grants to Hawaii small businesses developing and producing SAF (Burnett, 2021).59 The bill set baseline carbon intensity for jet fuel at 89 g of CO2 per megajoule.60 Therefore, a SAF production which has carbon intensity below 89 g of CO2 per megajoule would be eligible to receive matching grants.

Other proposed incentives might help bolster local SAF production. For example, in March 2020, the Hawaii legislation proposed to replace the existing barrel tax with a carbon emission tax on each fossil fuel, including jet fuel. If enacted, the tax on jet fuel would be $0.0598 per gallon.61 Hawaiian Senator Karl Rhoads said that “aviation fuel and electricity are taxed relatively lightly if you look at the per-carbon content” (Dalzell, 2019). While the bill did not advance to the House floor, it does signify that aviation fuel is a topic of concern.

An alternative pathway may also come through a statewide alternative fuel standard. In 2006, the Hawaiian legislature passed Act 240, creating the Hawaii Alternative Fuel Standard (AFS). This Act required 20 percent of highway fuel to come from alternative fuel by 2020, increasing to 30 percent by 2030.62 It includes biomass crops and municipal solid waste as eligible renewable energy sources. Ethanol produced from cellulosic materials is considered the equivalent of 2.5 gallons of non-cellulosic ethanol under the AFS.63 While aviation is currently not a regulated under Hawaii’s AFS, which currently focuses only on highway fuel standards, it could be modified or updated like Washington State did to allow for SAF.

Because of the different developments at the federal and state level—in part in response to CORSIA—some airports and airlines are adopting infrastructure for SAF with private industry is scaling up to meet these demands.

Airlines are also taking steps toward sustainable aviation fuel. 

Other private companies are also working to meet demand for SAF.

While the U.S. federal and state governments are working on potential incentives for renewable jet fuel, the aviation industry is global and responding to international pressures as well. In 2009, the European Union adopted a Renewable Energy Directive which required fuel suppliers to produce at least 14% of their transportation fuel from renewable fuels. Although the RED targets do not apply to aviation fuel, SAF counts as a renewable source to meet the RED targets (European Union Aviation Safety Agency et al., 2019, p. 48). Along with EU wide policies, country-specific laws are driving change.

The EU Renewable Energy Directive (RED)

EU Emissions Trading System (EU ETS)

“Fit for 55”

European Country Level Actions

In addition to EU-wide action, different countries are also enacting legislation. For example, the Netherlands has enacted national legislation which allowed SAF producers to generate biofuel certificates (called Hernieuwbare Energie Eenheid-HBEs), when supplying SAF to the Dutch Market. These HBEs can be sold to the road transport obligated parties (Meijerink, 2016, p. 6). The SAF must be produced in the Netherlands (Meijerink, 2016, p. 19).

Germany increased its aviation tax which entered into force in April 2020 (Ash, 2019). The aim of the tax is to reduce CO2 emissions from the aviation sector and incentivize people to use less air travel and more railway transportation. The tax increase will raise airfares by around 28% overall (Ash, 2019). The tax is charged per passenger at the following rates: domestic and Europe flights, €12.88; mid-haul, €32.62; and long haul (which is more than 6,000 km), €58.73 (FCC Aviation, n.d.a).

France adopted the French Eco Tax but delayed its entry until air traffic returns to 2019 levels (Mitchell, 2021FCC Aviation, n.d.b). It will be applied with the solidarity tax. Passengers traveling to airports in the European Economic Area and Switzerland will be charged at €2.63 (lower rate) or €20.27 (higher rate) depends on traveling in lowest class or higher classes. Passengers traveling to all other destination will be charged between €7.51 or €63.07 (Mitchell, 2021FCC Aviation, n.d.b). The French government also announced a roadmap to replace jet fuel with 2% of SAF from 2025, 5% by 2030 and 50% by 2050 (GreenAir, 2020).

Since January 2020, Norway requires aviation fuel suppliers to blend 0.5% biofuel into their jet fuel (Norwegian Ministry of Climate and Environment, 2018). The country aims to have a 30% share of biofuels in the aviation sector by 2030 (Gevo Inc., 2020).

In contrast, the United Kingdom Renewable Transport Fuel Obligation (RTFO) requires suppliers of transport and non-road mobile machinery fuel in the United Kingdom to show that at least 9.75% of the fuel they supply after 2020 (which will increase to 12.4% in 2032) comes from renewable and sustainable sources (Department of Transport, 2018). Although aviation fossil fuels are not covered under the RTFO program, the changes in 2018 to the RTFO have allowed renewable jet producers to opt into the program (Department of Transport, 2018). After the withdrawal of the United Kingdom from the EU, the United Kingdom adopted the United Kingdom Emission Trading Scheme replacing the EU ETS.  READ MORE


While there is no renewable fuel obligation under the RFS2 program for the production or importation of conventional jet fuel, RINs can be generated for renewable jet fuel. Is that right? (Environmental Protection Agency)

Summary of the Energy Independence and Security Act (Environmental Protection Agency)


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