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45Q - The Drive to Qualify

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By Alex Tiller

December 22, 2020

Policy Business Operations Markets 

The road to qualifying for the 45Q tax credit can be confusing, with strict limitations on project phases and what constitutes start of construction. But, navigated properly, the credit is a promising opportunity.

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Accelerating Demand

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By Brian Jennings

December 22, 2020

The American Coalition for Ethanol is ready to execute on Accelerate, a roadmap for sparking new demand for ethanol. The plan is built around implementing new clean fuel policies, protecting what already exists and growing ethanol markets globally.

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The government of Canada on Dec. 18 published proposed regulations for its Clean Fuel Standard. Final regulations are expected to be published next year, with the CFS scheduled to come into force on Dec. 1, 2022.

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The U.S. House of Representatives and U.S. Senate voted to approve a $900 billion COVID-19 relief package on Dec. 21. The legislation, which includes ag relief that could benefit biofuel producers, is expected to be signed by President Trump.

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Growth Energy CEO Emily Skor sent a letter to House and Senate leaders on Tuesday calling on Congress to include biofuels in any potential legislation to extend expiring tax provisions at the end of the year.

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The U.S. EPA on Dec. 17 reported five additional SRE petitions have been filed with the agency seeking exemptions of RFS blending requirements. The status of three other SRE petitions appear to have been changed from “denied� to “pending.�

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President-elect Joe Biden is expected to announce Michael Regan as his nominee to serve as administrator of the U.S EPA. Representatives of the biofuels industry are expressing hope that Regan will bring a change in philosophy to the agency.

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The SCALE Act was introduced on Dec. 16. It supports the buildout of the infrastructure necessary to transport CO2 from where it is captured to where it can be utilized in manufacturing or safely and securely sequestered underground.

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The USDA has announced it will open a new 30-day application period for the Higher Blends Infrastructure Incentive program on Dec. 21. The RFA, Growth Energy and ACE say they are ready and willing to help retailers apply for the program.

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Four former presidents of the National Farmers Union sent a letter to President-elect Joe Biden on Dec. 15 urging his administration to blaze a new trail in harnessing the power of U.S. agriculture to protect our planet for future generations.

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The Renewable Fuels Association on Dec. 16 said the COVID-19 pandemic will likely continue to negatively impact the U.S. ethanol industry well into 2021. The group, however, expressed optimism in working with the upcoming Biden administration.

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U.S. ethanol exports to Brazil are once again subject to a 20 percent tariff after the two countries failed to reach a trade agreement during a short-term extension of Brazil's tariff-rate quota (TRQ) that expired in mid-December.

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Reps. Bill Pascrell Jr., D-N.J., and Brian Fitzpatrick, R-Pa., on Dec. 4 introduced the Renewable Chemicals Act, which aims to create tax credits to support the production of biobased chemicals and investments in production facilities.

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A new analysis released by the RFA shows that U.S. ethanol producers had lost $3.8 billion as result of COVID-19 by the end of November. With new travel restrictions and the resulting loss of fuel demand, those losses will continue to grow.

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Information released by the White House Office of Management and budget indicates the a proposed rule to set 2021 RVOs under the RFS could be released soon. A rulemaking is also underway to alter E15 labeling requirements.

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Wisconsin supports ethanol producers with CARES Act funds

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By Office of Gov. Tony Evers

December 10, 2020

Wisconsin Gov. Tony Evers on Dec. 9 announced that Wisconsin will be making up to $3.25 million of federal Coronavirus, Aid, Relief, and Economic Security (CARES) Act funding available to Wisconsin's nine ethanol producers.

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The U.S. EPA on Dec. 9 released a final rule that changes the way the agency will consider the costs and benefits of all significant Clean Air Act rulemakings. The EPA said the impacted rulemakings will be accompanied by a benefit-cost analysis.

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President-elect Joe Biden has announced he will nominate Tom Vilsack as secretary of agriculture. Vilsack is a former two-term governor of Iowa who served as secretary of agriculture during all eight years of the Obama-Biden administration.

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EPA: Supreme Court should not review lower court's SRE ruling

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By Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol

December 09, 2020

In a filing submitted on Dec. 8, the Department of Justice recommended against Supreme Court review of the Tenth Circuit Court's ruling earlier this year that invalidated several small refinery exemptions issued by U.S. EPA under the RFS.

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Biofuels coalition files brief challenging 31 SREs in 2018

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By Renewable Fuels Association, Growth Energy, National Corn Growers Association, National Biodiesel Board, American Coalition for Ethanol, and National

December 08, 2020

The RFA, Growth Energy, NCGA, NBB, ACE, and NFU on Dec. 8 filed a brief challenging EPA's August 2019 decision to exempt 31 small refineries from their obligations to comply with the Renewable Fuel Standard in 2018.

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The 45Q Carbon Capture Utilization and Storage Tax Credit Amendments Act of 2020 was introduced in the U.S. Senate on Dec. 7. The bill makes targeted statutory changes to maximize the utility of the credit.

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The U.S. Energy Information Administration slightly increased its forecast for 2021 fuel ethanol production in its latest Short-Term Energy Outlook, released Dec. 8. The forecast for 2020 ethanol production was maintained.

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The U.S. Department of Energy, Office of Energy Efficiency has introduced the EERE Program Information Center, EERE's new portal for funding opportunities. Several training opportunities on the new system are available in December and January.

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Growth Energy has released a new report examining the potential climate benefits of a nationwide transition from the standard 10-percent ethanol blended fuel (E10) to a 15-percent ethanol blend (E15).

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Several biofuel and bioenergy groups are among nearly 70 trade organizations that sent a letter to congressional leadership last month urging the passage of tax extenders legislation before the 116th Congress adjourns sine die.

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Reps. David McKinley, R-W.V., and Marc Veasey, D-Texas, on Dec. 3 introduced the ACCESS 45Q Act, which extends the date for projects to begin construction to claim the credit by 10 years and provides a direct pay elective.

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OPINION: Changing the retail landscape for higher blends

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By Cassie Mullen, director of market development, Renewable Fuels Association

December 03, 2020

Fuel retailers are beginning to implement a range of infrastructure projects across the country. This comes as USDA's HBIIP is being fully implemented, something farmers and the ethanol industry helped make happen, according to RFA's Cassie Mullen.

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OPINION: 2020 hindsight

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By Ron Lamberty, senior vice president, American Coalition for Ethanol

December 03, 2020

We learned in 2020 how valuable convenience store owners, operators, and workers are to all of us. The ethanol industry owes a debt of gratitude to everyone who went to work everyday and sold our products, according to ACE's Ron Lamberty.

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Growth Energy on Dec. 1 submitted a notice of intent to sue letter to U.S. EPA regarding its failure to fulfill its statutory obligation to issue the 2021 renewable volume obligation (RVO) by Nov. 30, 2020, an annual deadline set by the RFS.

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The USDA's Rural Business-Cooperative Service is soliciting applications for FY 2021 funding under the Rural Energy for America Program. Biomass energy systems, including biogas and anaerobic digesters, are among those eligible for the program.

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