(U.S. Department of Treasury) Guidance will help lower transportation costs for consumers and make America a leader in decarbonizing aviation industry and heavy transport -- Today, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) are releasing guidance on the Clean Fuels Production Credit (section 45Z).
Section 45Z provides a tax credit for the production of transportation fuels with lifecycle greenhouse gas (GHG) emissions below certain levels. The credit is in effect in 2025 and is for sustainable aviation fuel (SAF) and non-SAF transportation fuels.
Today’s guidance was informed by extensive input from stakeholders and the public as well as collaboration between Treasury, IRS, and expert agencies. The guidance includes both a notice of intent to propose regulations on the section 45Z credit and a notice providing the annual emissions rate table for section 45Z, which refers taxpayers to the appropriate methodologies for determining the lifecycle GHG emissions of their fuel. In conjunction with today’s guidance, the Department of Energy will release the 45ZCF-GREET model for use in determining emissions rates for 45Z in the coming days.
“This guidance will help put America on the cutting-edge of future innovation in aviation and renewable fuel while also lowering transportation costs for consumers,” said Deputy Secretary of the Treasury Wally Adeyemo. “Decarbonizing transportation and lowering costs is a win-win for America.”
“We appreciate the critical role that America’s farmers play in building a clean energy economy, including by providing feedstocks for advanced biofuels grown with climate-smart practices that help farmers earn more for what they grow,” said John Podesta, White House Senior Advisor for International Climate Policy. “Today’s announcement reinforces the important role climate-smart agriculture plays in clean transportation as well as the importance of providing pathways for unbundled accounting of climate smart practices that producers can count on.”
“This tax credit is essential to U.S. competitiveness and to reduce emissions in the transportation sector with more affordable, cleaner fuel,” said U.S. Deputy Energy Secretary David M. Turk. “The final guidance released today provides clarity and certainty to America's world-leading biofuel industry, a crucial player in lowering emissions from the aviation and heavy transportation industries.”
Section 45Z provides a per-gallon (or gallon-equivalent) tax credit for producers of clean transportation fuels based on the carbon intensity of production. It consolidates and replaces pre-Inflation Reduction Act (IRA) credits for biodiesel, renewable diesel, and alternative fuels, and an IRA credit for sustainable aviation fuel. Like several other IRA credits, 45Z requires Treasury to establish rules for measuring carbon intensity of production, based on the Clean Air Act’s definition of “lifecycle greenhouse gas emissions.”
Today’s guidance provides clarity on issues including which entities and fuels are eligible for the credit, and how taxpayers determine lifecycle emissions. Specifically, the guidance outlines Treasury and the IRS’ intent to define key concepts and provide certain rules in a future rulemaking, including:
Clarifying who is eligible for a credit.
Treasury and the IRS intend to provide that the producer of the eligible clean fuel is eligible to claim the 45Z credit. Consistent with the statute, compressors and blenders of fuel would not be eligible.
Clarifying what fuels are eligible for a credit.
Under section 45Z, a fuel must be “suitable for use” as a transportation fuel. Treasury and the IRS intend to propose that 45Z-creditable transportation fuel must itself (or when blended into a fuel mixture) have either practical or commercial fitness for use as a fuel in a highway vehicle or aircraft. The guidance clarifies that marine fuels that are otherwise suitable for use in highway vehicles or aircraft, such as marine diesel and methanol, are also 45Z eligible.
Specifically, this would mean that neat SAF that is blended into a fuel mixture that has practical or commercial fitness for use as a fuel would be creditable. Additionally, natural gas alternatives such as renewable natural gas (RNG) would be suitable for use if produced in a manner such that if it were further compressed it could be used as a transportation fuel.
Publishing rules needed to determine lifecycle emissions required to calculate the credit amount.
Today’s guidance publishes the annual emissions rate table that directs taxpayers to the appropriate methodologies for calculating carbon intensities for types and categories of 45Z-eligible fuels.
The table directs taxpayers to use the 45ZCF-GREET model to determine the emissions rate of non-SAF transportation fuel, and either the 45ZCF-GREET model or methodologies from the International Civil Aviation Organization (“CORSIA Default” or “CORSIA Actual”) for SAF.
Taxpayers may use the Provisional Emissions Rate (PER) process to obtain an emissions rate for fuel pathway and feedstock combinations not specified in the emissions rate table when guidance is published for the PER process. Guidance for the PER process is expected at a later date.
Outlining Climate Smart Agriculture Practices (CSA):
Today’s guidance states that Treasury intends to propose rules for incorporating the emissions benefits from climate-smart agriculture (CSA) practices for cultivating domestic corn, soybeans, and sorghum as feedstocks for SAF and non-SAF transportation fuels. These options would be available to taxpayers after Treasury and the IRS propose regulations for the section 45Z credit, including rules for CSA, and the 45ZCF-GREET model is updated to enable calculation of the lifecycle greenhouse gas emissions rates for CSA crops, taking into account one or more CSA practices.
CSA practices have multiple benefits, including lower overall GHG emissions associated with biofuels production and increased adoption of farming practices that are associated with other environmental benefits, such as improved water quality and soil health. Agencies across the Federal government have taken important steps to advance the adoption of CSA. In April, Treasury established a first-of-its-kind pilot program to encourage CSA practices within guidance on the section 40B SAF tax credit. Treasury has received and continues to consider substantial feedback from stakeholders on that pilot program. The U.S. Department of Agriculture invested more than $3 billion in 135 Partnerships for Climate-Smart Commodities projects. Combined with the historic investment of $19.5 billion in CSA from the Inflation Reduction Act, the department is estimated to support CSA implementation on over 225 million acres in the next 5 years as well as measurement, monitoring, reporting, and verification to better understand the climate impacts of these practices.
In addition, in June, USDA published a Request for Information requesting public input on procedures for reporting and verification of CSA practices and measurement of related emissions benefits, and received substantial input from a wide array of stakeholders. USDA is currently developing voluntary technical guidelines for CSA reporting and verification. Treasury and IRS will consider those guidelines in proposing rules recognizing the benefits of CSA for purposes of the section 45Z credit. READ MORE
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Initial Guidance on Clean Fuel Production Credit Under IRC Section 45Z (Pillsbury)
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Excerpt from Renewable Fuels Association: The U.S. Treasury today released a “notice of intent to propose regulations” regarding implementation of the Inflation Reduction Act’s Clean Fuel Production Credit (“45Z”). Today’s notice begins a 90-day comment period that leaves major decisions on the future of the 45Z credit to the incoming Trump administration.
“While we are pleased to see Treasury has finally released its long overdue guidance on 45Z, today’s package falls short of expectations and remains incomplete,” said Geoff Cooper, President and CEO of the Renewable Fuels Association. “The guidance is a potential step in the right direction, but much work remains to be done before clean fuel producers, farmers, and consumers can fully benefit from the 45Z program.”
Cooper noted that important information from the emissions rate table remains unavailable in today’s guidance, making it impossible for producers to know whether their fuel is eligible for the credit or not. While that information, along with a new 45Z GREET model, is expected to be released soon, today’s guidance leaves biofuel producers in limbo. Today’s guidance also fails to integrate climate-smart agriculture (CSA) practices that can lower the carbon intensity of renewable fuels, and it does not allow producers to determine their own unique carbon intensity values (called a “provisional emissions rate”).
“Unfortunately, today’s guidance does not provide the certainty or flexibility that ethanol producers were looking for, and many questions remain unanswered,” Cooper said. “We do not believe this guidance alone will spur the investment, innovation, and job creation in the clean fuels sector that Congress and the administration intended. It simply isn’t bankable, investible, or otherwise actionable for the vast majority of biofuel producers.
“For the 45Z program to truly drive innovation and value creation in the marketplace, the credit must allow for the inclusion of efficient farming practices, recognition of additional feedstocks and ethanol production technologies, flexible supply chain management tools, and the ability for individual producers to secure their own unique carbon intensity values. But most importantly, producers will not act on this or any subsequent guidance unless they have the assurance that the credit will be durable, stable, and reliably available in the future.” READ MORE
Excerpt from Clean Fuels Alliance America: Policy stability is crucial for biodiesel, renewable diesel and SAF producers -- Today, Clean Fuels Alliance America thanked U.S. Treasury and USDA officials for releasing long-awaited guidance describing the intended rules for the §45Z Clean Fuel Production Credit and giving stakeholders an opportunity to evaluate its workability. The new credit became available to U.S. biodiesel, renewable diesel, SAF and other domestic biofuel producers on January 1, 2025. Many domestic producers have been stymied over the past year in negotiating feedstock and fuel offtake contracts for 2025 while waiting for guidance on the new tax credit.
Today’s guidance begins to clarify important questions on how to calculate the credit and what fuels, feedstocks and producers are eligible. Additional information is still needed, though, to enable producers to calculate credit values.
Kurt Kovarik, Clean Fuels Vice President of Federal Affairs, stated, “We look forward to working with our members to evaluate the overdue guidance and forthcoming GREET model. We appreciate USDA, Treasury and the Department of Energy for issuing guidance. We’re hopeful that today’s notice provides the necessary certainty that producers can rely on ahead of the final rules. Clean fuel producers still need the carbon intensity scores from the GREET model to calculate their credit values; this missing information is key to enabling them to negotiate feedstock and fuel offtake agreements for the year and get back to business.”
Kovarik added, “Domestic production of biomass-based diesel has doubled since 2020, benefitting from multiyear certainty in federal tax policy. Biodiesel and renewable diesel combined now meet 9% of U.S. demand for distillate fuel for heavy-duty transportation needs. Clean Fuels and its member companies will carefully evaluate the guidance to ensure it provides needed certainty for all stakeholders and supports the industry’s continued growth.” READ MORE
Excerpt from DTN Progressive Farmer: Regarding used cooking oil as a feedstock, the Treasury proposal declines to include it in the 45Z credit and declares it ineligible until further guidance is provided.
There has been concern about used cooking oil imports flooding the U.S. market, making it difficult to track feedstock quality.
"With respect to used cooking oil feedstocks, the Treasury Department and the IRS are concerned about the improper identification of a substance that is not UCO as UCO (for example, virgin palm oil mislabeled as UCO), which could have substantially greater emissions impacts than genuine UCO, and the uncertainty of market impacts caused by incentivizing UCO (for example, the degree to which increased UCO demand would be backfilled by virgin oils such as palm oil)," Treasury said in the proposal.
"Both of these concerns are particularly acute for imported UCO given the lack of transparency regarding the local sources. Due to these significant concerns about the ability to reliably distinguish between imported UCO and palm oil and the resulting risk of crediting ineligible fuels, the Treasury Department and the IRS are considering appropriate substantiation and recordkeeping requirements for imported UCO."
...
INDUSTRY REACTION
Biofuels groups expressed disappointment with the announcement, saying on Friday the proposal is lacking in details that are important to taxpayers.
"This long-overdue guidance is far from complete -- it still lacks the critical details that are needed to help ensure that American biofuel producers and their farm partners can lead the world in clean fuel production," Growth Energy CEO Emily Skor said.
"While we appreciate the work of Secretary (Tom) Vilsack to champion our issues on behalf of rural America, today's announcement falls short of providing the information that our industry and its farm partners need, including a model for an expanded number of eligible decarbonization technologies and guidance on climate-smart agriculture practices."
Skor said her group expects to work with the incoming administration to "fill in the gaps" left by today's announcement.
...
Shaw (Monte Shaw, executive director of the Iowa Renewable Fuels Association) said he questioned whether biofuels producers, farmers and consumers are able to utilize the 45Z credit.
"The lack of transparency and certainly has left many biodiesel production facilities running at a reduced rate or not at all," he said. "The supply chain needs to know the value of the credits to resume functioning normally. If America is to achieve energy dominance we can't leave biofuels producers and American farmers stuck in neutral."
Michael McAdams, president of the Advanced Biofuels Association, said his group was "deeply disappointed" by the delay in the release that has "caused uncertainty and disrupted" markets.
"Congress designed 45Z to propel America's leadership in energy innovation and strengthen our energy independence, yet the prolonged rulemaking process has hindered investment and market stability," McAdams said in a statement.
"We look forward to working with the incoming Trump-Vance administration to prioritize finalizing this process swiftly," he said. "Clear, multi-year guidance is essential to stabilize markets and support the hardworking farmers and producers who fuel our economy and our future."
In a joint statement, the American Soybean Association and the National Oilseed Processors Association said the proposal was a good first step.
"ASA thanks the Biden administration and Treasury for listening to our concerns and developing guidance that supports U.S. farmers while strengthening our domestic biofuels industry," said ASA President Caleb Ragland, a soy farmer from Kentucky.
"The guidance released today is an investment in U.S. farmers, who stand ready to feed and fuel the world -- while also fueling the U.S. economy. We look forward to working with Congress and the incoming Trump administration to build on this progress and develop final guidance that supports rural America." READ MORE
Excerpt from Energy.AgWired.com: Iowa Renewable Fuels Association Executive Director Monte Shaw was blunt in his assessment of the guidance. “Today’s announcement by the Treasury is a story of too little, too late. This is not a final rule. This is not a safe harbor. It isn’t even a proposed rule. Putting out a notice of ‘intent’ ten days before you leave office is nothing but punting the rule down the road.” READ MORE
Excerpt from Argus Media: US producers of low-carbon fuels can start claiming the "45Z" tax credit providing up to $1/USG for road use and $1.75/USG for aviation, following the US Treasury Department's release today of proposed guidance for the credit.
...
The creation of the 45Z tax credit has already prompted a change in US biofuels markets by shifting federal subsidies from blenders to producers. Because the value of tax credit increases for fuels with the lowest lifecycle greenhouse gas (GHG) emissions, it could encourage refiners to source more waste feedstocks such as used cooking oil, rather than conventional crop-based feedstocks.
While the guidance is still just a proposal, taxpayers are able to "immediately" use the guidance to claim the 45Z tax credit, until Treasury issues additional guidance, an administration official said.
...
It is unclear how president-elect Donald Trump intends to approach this proposed approach for the 45Z credit, which will be subject to a 90-day public comment period. Trump has promised to "rescind all unspent funds" from the Inflation Reduction Act. But outright repealing 45Z would leave biofuels producers and farmers without a subsidy they say is needed to sustain growth, after the expiration last year of a $1/USG blender tax credit and a tax credit of up to $1.75/USG for sustainable aviation fuel. Biofuel and soybean groups were unsuccessful in a push last year to extend the expiring biofuel tax credits.
The 45Z credit is likely to be debated in Congress this year, as Republicans consider repealing parts of the Inflation Reduction Act. House Republicans have already asked for input on revisions to the 45Z credit, signaling they could modify the incentive. In a tightly divided Congress, farm-state lawmakers may hold enough leverage to ensure some type of biofuel incentive — and potentially one friendlier to agricultural producers than 45Z — survives. READ MORE
Excerpt from Ohio Country Journal: “We are deeply appreciative of the Treasury’s efforts to establish a clearer framework for the 45Z biofuel credit and further protect U.S.-grown feedstocks,” said Rusty Goebel, president of the Ohio Soybean Association and Williams County farmer. “We ask that swift clarity is provided regarding any potential on-farm practices required for soy-based biofuels to qualify for the credit.”
OSA remains committed to working with the Treasury to ensure that farmer contributions to the biofuels industry are fully recognized and supported as more clarity is provided. The burden to preserve this credit and to make it useful with specific environmental practices that will be required for accessing the credit now shifts to the new administration.
“What a missed opportunity for growers,” said Kenneth Hartman Jr., Illinois farmer and NCGA President “We have spent the last year providing Treasury officials with fact-based information in hopes of helping them develop clear and realistic guidelines for qualifying for the tax credit. It’s frustrating that our feedback fell on deaf ears.” READ MORE
Excerpt from Ethanol Producer Magazine: The American Coalition for Ethanol stressed the preliminary guidance has not provided clarity the industry needs. "ACE thanks the Biden Treasury Department for issuing preliminary guidance, acknowledging the need to incorporate climate-smart agriculture practices, and agreeing that emission values should be determined using the most recent GREET model which is updated annually,” said Brian Jennings, CEO of ACE. “Despite this step in the right direction, the job is unfinished because the preliminary guidance doesn’t provide the clarity our industry has been awaiting. The guidance omits key details essential for biofuel producers to capitalize on 45Z, including how climate-smart agriculture practices will be incorporated. Our focus will be to engage the incoming Trump administration to make the final regulations for the 45Z credit beneficial for our members.
"We are eager to collaborate with the Trump Treasury team to ensure 45Z is implemented effectively, with consideration of USDA’s technical guidelines on climate-smart agriculture practices that are under development,” Jennings added. “Since ag-based feedstocks represent about half of ethanol’s carbon footprint, it is critical to allow farmers and ethanol producers to realize the full value of sustainable farm practices through this tax credit. We once again applaud USDA Secretary Vilsack for his leadership on this topic. ACE will continue advocating for flexibility that recognizes the unique contributions of facility-specific process technologies and climate-smart farming practices to achieve meaningful carbon reductions.
“We have strongly urged both Treasury and USDA to update 45Z guidance for ag practice credit values on a routine basis by incorporating the best available science and results from real-world activities, such as the two USDA-Natural Resource Conservation Service (NRCS) Regional Conservation Partnership Programs (RCPPs) currently being led by ACE,” Jennings continued. “These projects are specifically designed to address the perceived need for more empirical data on the GHG benefits of ag practices and help improve the accuracy of the GREET model, and we look forward to the release of the 45ZCF-GREET model for use in determining emissions rates for 45Z in the coming days.” READ MORE
Excerpt from Environmental Defense Fund:
“In creating the 45Z SAF tax credit, Congress understood that the future of the aviation industry depends on the rapid development and deployment of sustainable aviation fuels with high environmental integrity. Today’s announcement underscores just how challenging it is to deliver on this laudable objective and how imperative it is that we continue to do the hard work of getting this right. We look forward to working with relevant stakeholders – airlines, alternative fuel providers, farmers and others – to develop science-based regulatory criteria that fully and fairly rewards the production and use of high-integrity SAF in the United States."
- Mark Brownstein, EDF’s Senior Vice President, Energy Transition
Today’s announcement is a “notice of intent to propose regulations” for 45Z, meaning that some important details of interpreting the tax code will be left to the incoming Trump administration. The tax subsidies can be claimed beginning this year, and there are already efforts underway to extend the tax package beyond its 2027 sunset. However, in a December 19th, 2024 letter issued to the CEOs of America’s top airlines, executives from EDF, World Resources Institute and National Wildlife Federation warned that they would oppose the extension of 45Z if Treasury took a similar approach to its guidance on the 40B tax credit, which allowed pathways for low-integrity SAF to qualify for the tax subsidies that expired last year. READ MORE
Excerpt from Pillsbury: Both Notices are effective January 10, 2025, and the Proposed Regulations would apply to qualifying sales occurring on or after publication of the Proposed Regulations in the Federal Register. Treasury and the IRS have requested comments on the Notices and the draft text of the Proposed Regulations, which should be submitted by April 10, 2025. READ MORE
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