Trump Win Could Reshape US Biofuels Incentives

Aviation Fuel/Sustainable Aviation Fuel (SAF)BioRefineries/Renewable Fuel ProductionBrazilCanadaChinaFederal Agency/Executive BranchFederal RegulationFeedstocksField/Orchard/Plantation Crops/ResiduesIowaNot AgricultureOpinionsPolicyTreasury DepartmentWhite House
November 07, 2024

by Cole Martin (Argus Media) ... The Inflation Reduction Act's "45Z" tax credit, starting in January, will offer greater federal subsidies to fuels that produce fewer emissions. The Biden administration could issue long-awaited guidance spelling out how the government will calculate carbon intensities for different fuels and feedstocks, but that might just delay the inevitable. A Republican-controlled Congress could use the Congressional Review Act next year to repeal any guidance lawmakers see as too restrictive to farmers, and a Trump administration will regardless be able to develop new rules that reprioritize which companies benefit from the credit.

Republicans could focus on imported feedstocks, which have surged in recent years as refiners cashed in on state clean fuel incentives by sourcing waste feedstocks primarily from Asia and South America. Farm groups, fearing that ample supply of foreign used cooking oil and tallow is curbing demand for domestic biofuel feedstocks like soybean oil, have pushed for the US government to restrict refiners using foreign feedstocks from claiming 45Z.

An outright ban has legal risks, but Trump officials could think more creatively around deterring feedstock imports – potentially through guidance that is generous to crop-based fuels or that imposes carbon penalties on feedstocks that travel long distances to reach the US. Expected tariff hikes on foreign imports could alone curb demand for global biofuel feedstocks, with Chinese used cooking oil a likely target. But products like Brazilian tallow and Canadian canola oil potentially could be affected as well.

Congress could also complicate the tax picture before Trump takes office. Senator Chuck Grassley (R-Iowa) said before the election Tuesday that he expects a proposal to extend the $1/USG blenders tax credit for biomass-based diesel another year to feature in an end-of-year package. Current bill language would not repeal 45Z but would allow fuel to claim whichever incentive offers the larger benefit, likely boosting crop-based diesels set to earn much less than $1/USG under 45Z.

There is no guarantee a lame duck Congress will take up such a proposal, especially with various other policy priorities on lawmakers' agendas. But expiring biofuel credits could feature in negotiations, including a blenders credit for sustainable aviation fuel and a credit that benefits cellulosic ethanol producers, biofuel lobbyists said.

A potential vehicle for longer-lasting policy changes is an expected fight in Congress next year over tax policy. Republicans, hoping to pay for extending Trump-era tax cuts that would otherwise expire, could do so by repealing Inflation Reduction Act incentives. But farm state lawmakers, especially in a House of Representatives that looks like it will be closely contested between Republicans and Democrats, would also have leverage to push for some federal biofuel incentives to remain, even if they look different than the current 45Z mechanism.

Importantly too, the 45Z incentive is set to expire after 2027. Whether details are hashed out in Congress this year, next year, or afterwards, Trump and his allies will be able to tie any credit extension to desired policy objectives. There are two bills in Congress that would extend the credit into the 2030s, but the only one with Republican support bars foreign feedstocks from qualifying.

Federal momentum around boosting biofuels in a second Trump term will also depend on how policies beyond tax credits develop. Increasingly ambitious state climate policies – such as California's low-carbon fuel standard, which could be made more stringent this week – could keep planned renewable diesel and sustainable aviation fuel capacity additions on track.

At the same time, retaliatory tariffs from China could hurt farmers more than higher domestic biofuel sector demand helps. And Trump could use planned updates to federal renewable fuel blend mandates to either assuage biofuel producers struggling to plan around policy uncertainty or to lower compliance costs for oil groups that strongly backed his candidacy.  READ MORE

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Excerpt from Washington Post: “Probably the most likely potential secretary of energy is ... Doug Burgum of North Dakota, and there are many reasons why,” Menezes said on a Wednesday call organized by the law and lobbying firm Bracewell LLP. “Obviously North Dakota is an oil-and-gas-producing state ... [and] you get a lot of skill sets when you bring a former governor to head an agency.”

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Excerpt from Ethanol Producer Magazine“President Trump has championed consumer access to American-made, lower-cost ethanol options at the pump and has expanded markets for U.S. ethanol,” said Emily Skor, CEO of Growth Energy. “We look forward to working with the Trump-Vance administration to deliver on American energy dominance, consumer savings, and booming rural economies – starting with year-round access to E15. During his first term, President Trump delivered on E15 to bring lower cost fuel to American consumers, and we support him enacting a permanent solution that will deliver continued savings at the pump for all Americans, all months, across all 50 states. 

“We stand ready to partner with President Trump and his administration to unlock markets for American biofuels abroad, allow private investments in the rural economy to soar, and harness American-led innovations in aviation and clean energy production,” Skor added. 

The IRFA (Iowa Renewable Fuels Association) said it looks forward to working with Trump in prioritizing American energy dominance in support of rural farmers across the nation. 

 “IRFA members congratulate Donald Trump on being reelected president and look forward to partnering with President Trump and his administration to get the rural economy back on track,” said Monte Shaw, executive director of the IRFA.  “The best way to boost farm income and grow rural America is to boost demand for American biofuels.

“Just days before the election, President Trump stated: ‘I love the farmers, and they love me.’ And the election results clearly show that after an unprecedented two-year drop in farm income, rural America and farmers put their faith in President Trump to turn this around,” Shaw continued. “There is much President Trump can do during his first 100 days to help farmers and biofuels producers, including nationwide, year-round E15 and providing clarity on energy incentives for biodiesel producers.

 “There is much more to be done to enable biofuels to help power American energy dominance and, at the same time, make the rural economy great again,” he added. “IRFA members stand ready to partner with President Trump to get it done.”   READ MORE

 

Excerpt from Detroit Free PressFor example, he is expected to ease some of the environmental regulations that have pressured the Detroit Three to make a fast push toward EV adoption.

But it's a mixed bag because Trump has also set his sights on scaling back or eliminating EV initiatives. Auto analysts said it would be difficult for him to completely gut President Joe Biden's Inflation Reduction Act initiatives, but through executive orders, Trump could defund or limit some of the EV subsidies included there. Many parts of the IRA, such as expanding EV charger infrastructure, were in place to help the Detroit Three encourage EV adoption.

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Michael Brooks, executive director of the nonprofit Center for Auto Safety, which advocates for improved vehicle safety and fuel efficiency, said he expects the auto industry will be pleased with what is likely on the way at the National Highway Traffic Safety Administration.

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Excerpt from Argus Media: Renewable identification number (RIN) credit prices ticked up slightly today following the re-election of Donald Trump and a likely Republicans control of the US Senate, but uncertainty remains for other biofuel-related markets and policies.

An increase in tariffs under Trump or other policy changes to deter biofuel feedstock imports could lower the availability of renewable fuels next year. Biomass-based diesel D4 and ethanol D6 RIN credits, which make up more than 90pc of all RINs generated on a monthly basis, rose slightly early Wednesday, following upward pressure from a rise in soybean oil futures.

The soybean oil-heating oil (BOHO) spread rose to its highest level recorded in 2024 at $1.21/USG on Wednesday. RIN prices for current year D4 and D6 rose to 70.75¢/RIN, with both posting 2.5¢/RIN in gains on the day.

While farm state lawmakers in both chambers are likely to resist any Trump efforts to repeal biofuels incentives, long-term prospects for the Inflation Reduction Act's "45Z" credit set to kick off in January are now uncertain. The incentive ends at the end of 2027, which gives Trump and his Republican allies substantial negotiating power over the terms of any extension — such as barring refiners from using foreign feedstocks.

The election results also mean a Trump administration will have the power to set new biofuel blend mandates under the Renewable Fuel Standard (RFS) for 2026 and subsequent years. The Environmental Protection Agency (EPA) during Trump's first term tried to strike a balance between refiner and biofuel interests, setting increasing volume mandates but issuing more waivers from program obligations.

While a second Trump term could be similar, regulators under the program's "set authority" now have more discretion to weigh various economic and environmental factors when setting volumes instead of tracking mandated volumes that lapsed after 2022. Federal judges weighing EPA's authority under this new phase of the program last week expressed concern about some of the agency's decision-making, meaning any court order to rethink or reset volumes would now fall to a Trump administration.

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A Trump administration could be more sensitive to future industry requests to relax these requirements and could set less ambitious cellulosic targets for future blend mandates.   READ MORE

 

Excerpt from Biofuels Digest:   Plus, there’s the Two Trump Paths. This could be a straightforward Trump Administration playbook of isolationism, protectionism, nativism, low taxes, government hallways emptied of regulators. Or, it could be a revenge tour.

For Democrats, hard thinking ahead. The brand’s not connecting, turnout was light. A new mix is needed, and the party better look at trade.

Be interesting how the lame duck session goes. It’s the last meaningful opportunity for the forces of the left for four long years. GOP legislator support will come at a high-price, since they will take control of the Senate and White House in the New Year, and likely retain the House. Some farm-state legislators or GOP moderates may see tactical opportunities for projects or programs of local or regional benefit, and Democrats will be motivated negotiators.  READ MORE

 

Excerpt from CBS News: The Trump administration in 2019 revoked California's ability to enforce its own tailpipe emissions standards. President Joe Biden later restored the state's authority, which was upheld in federal court.

Future challenges from the Trump administration could lead to long court battles, said David Pettit, a senior attorney with the Center for Biological Diversity's Climate Law Institute.  READ MORE

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High Octane Fuel (HOF) High Octane Fuel Standard High Octane Gasoline (HOG) high octane low carbon (HOLC) fuel High Octane Vehicles (HOV) high performance regular high school project high sulphur fuel oil (HSFO) high-octane/low-carbon (HOLC) liquid fuels Highway Bill highway rights-of-way Highway Trust Fund history hog farmers hombayniya homogeneous-charge compression-ignition Honduras honey locust Hong Kong Honge tree nuts hops horticulture Housing and Urban Development (HUD) HPF (High Performance Fuels) HRJ (Hydrotreated Renewable Jet) human rights Hungary Hurricane Sandy HVO (Hydrotreated vegetable oil) HVO100 HVO20 HVO30 Hybrid aircraft hybrid buses hybrid locomotive hybrid ships hybrids hydrocarbon fuels Hydrocarbon-Hydroprocesed Esters and Fatty Acids (HC-HEFA-SPK) hydrodeoxygenation hydrodiesel hydrofaction hydroformylation hydrogen aircraft hydrogen carrier hydrogen combustion engines hydrogen fuel cells hydrogen leaks hydrogen pipeline hydrogen price hydrogen pumps/fueling stations hydrogen tax credit hydrogen terminal Hydrogen/Renewable Hydrogen Hydrogen/Renewable Hydrogen Price hydrogenase hydrogenation hydrogenation-derived renewable diesel (HDRD) hydrogenolysis hydropower Hydroprocessed fermented sugars to synthetic isoparaffins (HFS-SIP) hydroprocessing hydropyrolysis hydrothermal carbonization hydrothermal gasification hydrothermal liquefaction (HTL) hydrothermal treatment Hydrotreated renewable diesel (HRD) hydrotreating hydrotreatment hydrous ethanol hypoxia zone Iceland Idaho Illinois Illiois illuppai ILUC (Indirect/Induced Land Use Change) import/export incinerator ash India Indian beech tree Indian grass Indiana indirect effects indirect emissions indirect fuel use change indium Indonesia industrial burners industrial ethanol industrial gases industrial sugars industrial waste industrial waste gases IndyCar infographic Infrastructure inhibitors innovation insecticide/pesticide insects insurance integrated biorefineries integrated food/energy systems intellectual property Inter-American Development Bank inter-crop interactive map intercropping internal combustion engine (ICE) internal combustion engine (ICE)/gasoline engine ban International international balance of payments International Council on Clean Transportation (ICCT) International Energy Agency (IEA) International Maritime Organization (IMO) International Monetary Fund (IMF) International Organization for Standardization (ISO) International Renewable Energy Agency (IRENA) International Sustainability and Carbon Certification model(ISCC) International Trade International Trade Administration International Trade Commission Internships inulin invasive species Investing investment tax credit Invvesting ionic liquids Iowa IPCC Intergovernmental Panel on Climate Change Iran Iraq Ireland iridium iron iron oxide IRS (Internal Revenue Service) IS 1460 ISO 8217 (marine distillate fuel standard) ISO 9000 isobutanol isobutanol price isobutanol pump price isobutene isobutylene isomerisation isooctane isooctene isopropanol Israel Italy Ivory Coast JAA jackfruit Jamaica jamelão Japan jatobá Jatropha Jersey Jerusalem artichoke jet jet A Jet A-1 jet B Jetfuel (Sustainable Aviation Fuel (SAF)) Jimmy Carter Jobs Joint Office of Energy and Transportation jojoba Jordan JP-10 JP-4 JP-5/NATO F-44 JP-8/NATO F-34 juniper Just A MInute Just Transition jute K-12 Education Kabakanjagala kalanchoe kamani Kans grass Kansas Karanja Kazakhstan kelp Kemiri Sunan kenaf Kentucky Kenya kerosene ketones kinggrass Kiribati knotweed Knowledge Discovery Framework Korea Kosovo kudzu kukui nut kulpa kusum Kuwait Kygryzstan labels labor policy Labrador lactic acid lactose Lake County lamp oil land ownership land prices land rights land subsidence land tenure land transfer land use land use change land use policy landfill methane Landfills landscape Laos Latin America Latvia LCFS (Low Carbon Fuel Standard) lead Leadtree leaf ant Lebanon lecithin legislation Legislation-Federal 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Nevada New Brunswick new fuel approval New Guinea New Hampshire New Jersey New Mexico New South Wales New York New Zealand Newfoundland Newfoundland and Labrador next generation biofuels next generation vehicles NHRA drag racing Nicaragua nickel Niger Nigeria nipa sap nitrate leaching nitrates nitrogen Nitrogen fertiliser nitrogen starvation nitrous oxide (N2O) Niue NO2 noodles nopal North Africa North America North Carolina North Dakota North Korea Northeast northern catalpa Northern Ireland Northern Territory Northwest Territories Norwary Norway Nova Scotia NOx (nitrogen oxides) noxious weeds nuclear Nunavut nut shells nutraceuticals nutrient credit trading nutrient management nutrients nutrition oak oat hulls oat straw oats Obligated Parties/Point of Obligation (PoO) ocean-based energy Oceania octane octane price/value octanol Office of Energy Efficiency and Renewable Energy Office of Management and Budget (OMB) Office of Science and Technology Policy Office of Science and 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RNG tax credit roadmap rocket fuel Romania RON (Research Octane Number) rosin rotation crops Roundtable on Sustainable Biomaterials (RSB) royalties RP-1 RTP (rapid thermal processing) rubber rubber seeds rumen ruminants rural development Rural Energy for America Program (REAP) Rural Energy Self-Sufficiency Initiative Rural Renewable Energy Pilot Program rushes Russia Russian olive rutabaga Rwanda ry rye Rye grass rye straw s saccharification SAF pipeline SAF10 SAF30 SAF40 SAFc (Sustainable Aviation Fuel certificates) Safer and Affordable Fuel Efficient Vehicles (SAFE) safety safflower sago pond weed SAIC sal tree Salicornia salt water salt-tolerant saltbush saltcedar Samoa Sanctions Santa Monica sardine oil Saskatchewan Saudi Arabia sawdust scale up Scandinavia scholarships/fellowships Science Advisory Board (SAB) Science Based Targets initiative (SBTi) Science Policy scooters Scotland scum sea level rise seaports seashore mallow seawater seaweed cultivation Seaweed/Macroalgae 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