Enacted in August 2022, the Inflation Reduction Act (IRA) restructured biofuels tax credits in three ways: extend the Biodiesel Blenders Tax Credit (40A), create a sustainable aviation fuel (SAF) tax credit (40B) and transition future biofuel tax credits to a carbon intensity (CI) (45Z).
“Both 40A and 40B become part of 45Z, transitioning blending to a production credit,” says Susan Stroud with No Bull Ag. “As the end of 2024 draws near, which is the end of 40B providing a $1 per gallon subsidy in the form of a blender tax credit for every gallon of biodiesel and renewable diesel blended into U.S. fuel supplies, oil share has somewhat been buoyed, as mandates are increasing at the same time we are disincentivizing fuel imports. This should spell more demand for soybean oil.”
As the hand off to 45Z nears, there’s a lack of clarity for the opportunity for farmers.
“USDA is trying to put guidance together to help the Department of Treasury with the 45Z rules,” explains Mitchell Hora, founder of Continuum Ag. “But climate smart commodities and low carbon feed stocks for biofuels are not the same thing.”
Whereas bundles were used with 40B and other previous programs are an all or nothing approach, Hora contends 45Z needs to use the Department of Energy’s GREET model.
“If bundles are used, it stifles farmer innovation — it waters down the impact,” he says. “We have to get this done right. The weight of this decision is massive. The ripple effect 45Z could have is tremendous.”
Legislation has been introduced to extend the biofuels tax credit through 2025 as we are still waiting on the Treasury to issue 45Z guidance.
