The U.S. Treasury Department has issued its long-awaited guidance on the Clean Fuels Production Credit. Section 45Z took effect this year and provides a per-gallon tax credit for the production of sustainable aviation fuel (SAF) as well as other transportation fuels with greenhouse gas emissions below certain thresholds.
For SAF transportation fuel, the life cycle greenhouse gas emissions are determined in accordance with the most recent Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), which has been adopted by the International Civil Aviation Organization, or any similar methodology that satisfies the criteria under the Clean Air Act.
IRS Notice 2024-37 also allows the use of domestic corn and soybeans grown using climate-smart agriculture to be considered in determining the amount of the SAF credit. If all the elements are met, the registered producer can increase the emissions reduction, allowing for a larger amount of the SAF credit.
The guidance consolidates and replaces the pre-Inflation Reduction Act credits for renewable fuels, while adding an inflation adjustment factor, and clarifies that only the producer of fuel is eligible to receive the 45Z credit. Yet the measure—slated to expire in 2027—has attracted criticism from those who claim that it needs more certainty to support the industry.
“American companies and innovators are rapidly increasing domestic production of [SAF], yet the guidance recently issued by the U.S. Department of Treasury falls short of what’s required to jump-start a strong domestic SAF industry in the U.S.,” said Alison Graab, director of the SAF Coalition. Given the enormous capital demands required to establish commercial-grade production facilities, Graab noted that long-term investments are required but argued that the incentive window needs to be guaranteed for a longer span to assure those investors.
“Current policy on SAF and large investments by our foreign competitors risk putting our country, our energy producers, and our farmers at a competitive disadvantage with respect to domestic SAF production,” she said.
Graab urged the administration and Congress to “unleash the power of American energy, agriculture, and innovation” by enacting policies such as extending the 45Z horizon to further attract private-sector investment and spark U.S. SAF production.