Understanding the implementation of the Biogas Regulatory Reform Rule (BRRR) within the finalized Renewable Fuel Standard (RFS) Set Rule released in July continues to be the talk of the industry. With the significant changes, many entities are trying to understand the U.S. Environmental Protection Agency’s (USEPA) intent, seeking USEPA clarification, and trying to understand how these new rules impact their planned, in-construction, and operational renewable natural gas (RNG) assets. As the USEPA develops its guidance, we understand that the industry needs time to prepare for the new regulatory requirements effective on July 1, 2024, for new facilities, and January 1, 2025, for existing pathways.
With that in mind, Eco is taking a multi-phased approach to BRRR implementation, including:
Monthly meetings with the USEPA.
In-person meeting with the USEPA held in late October.
Internal working group that meets weekly.
Proposed regular in-person meetings with the USEPA.
Participation in RFS Set Rule and biogas reform discussions and committees in industry trade associations.
We understand the urgency needed to address outstanding questions and we will continue to work with the USEPA to get the clarity necessary to comply with the new rules.
Proactively Addressing the Outstanding Questions and Issues
Eco is drafting its implementation plan for the RFS Set Rule and the BRRR. We will present our proposal to the USEPA for approval in the following areas:
Proposed approach to the RFS registration process changes and how to meet the requirements, consistent with the USEPA’s intent of the RFS Set Rule.
Proposed schedule and process to get our Quality Assurance Program (QAP) protocols updated to meet the new RFS Set Rule, which will provide more compliance clarity to our QAP customers.
We expect to have these proposed process changes sent to the USEPA within the next few weeks and will encourage the USEPA to sign off on our approach so we can move to the implementation phase, and have a definitive process for addressing metering/monitoring, RFS registration, and QAP questions and issues.
Eco is also working with equipment vendors to understand whether their equipment meets the formalities of the RFS Set Rule with the goal of producing a list of equipment and vendors that meet the regulation requirements.
Eco will provide monthly updates or webinars to update the industry on the progress made, learnings, timelines, and remaining issues/questions.
Eco is already working with several clients and can help you with:
Understanding the regulation changes and how they impact planned or operational renewable natural gas (RNG) facilities.
Metering and measurement reviews.
RFS registration amendments and third-party engineering reviews for existing facilities.
Compliance assistance.
D3/D5 Renewable Identification Number (RIN) split analysis and methodologies.
Our team is ready to assist you with working through your questions and issues to successfully comply with the new regulations. If you haven’t already, the time to start is now and Eco can be your guide through this transition period. Please reach out to us with any questions or issues.
For more information about the implementation of the BRRR and/or the RFS Set Rule, please contact:
With several state, federal, and voluntary carbon market (VCM) incentives available, the ethanol industry has a unique opportunity to reinvent itself. The range of clean fuel regulations across the U.S. and Canada, along with the IRA and bipartisan Infrastructure Law, provide new opportunities to decarbonize ethanol.
In this webinar, we discuss how ethanol producers can incorporate technologies such as carbon capture and sequestration (CCS), hydrogen, renewable natural gas (RNG), biomass based heat, renewable electricity, and sustainable agriculture to significantly lower the carbon intensity (CI) of their products in order to access future compliance, voluntary and sustainable aviation fuel (SAF) markets.
In addition, we will discuss why partnerships with supply chains that embrace sustainable farming practices create a holistic approach to reducing the CI score of an ethanol plant’s products and overall carbon footprint. Our expert panelists will dissect the potential benefits, challenges, the regulatory landscape shaping this transformative journey, and provide recommendations on how ethanol producers can successfully chart a path toward a greener, more sustainable future.
The U.S. Department of Energy’s H2Hubs Program: Accelerating the Clean Hydrogen Economy
By Tanya Peacock
In a world increasingly focused on sustainable and eco-friendly solutions, clean[1] hydrogen has emerged as a promising alternative for a low-carbon energy future. On October 13, 2023, the Biden-Harris Administration announced seven U.S. regional clean hydrogen hubs spanning 16 states: Appalachian, California, Midwest, Gulf Coast, Heartland, Mid-Atlantic, and Pacific Northwest. Hubs are set to receive $7 billion in Bipartisan Infrastructure Law (BIL) funding under the U.S. Department of Energy’s (DOE) Regional Clean Hydrogen Hubs Program (H2Hubs). An additional $1 billion will be used for demand-side support to encourage industrial decarbonization and other innovative end uses. Together with an expected $42 billion in private investment, the Hubs Program represents a $50 billion investment in clean hydrogen.
The seven H2Hubs are the beginning of a national network of clean hydrogen producers and consumers, together with hydrogen storage and transportation, while supporting hundreds of thousands of new construction and permanent jobs. Skill sets required to support the clean hydrogen economy are similar to many oil and gas jobs. This is important as the energy transition accelerates so that workers in traditional energy sectors aren’t left behind.
In looking at the map below, there are areas of the country without H2Hub projects, noticeably the southwestern, northeastern, and southeastern regions, and Hawaii. The momentum created by the application and selection process is an important start and hopefully will continue to build and expand beyond the selected applications. To achieve a clean hydrogen economy, we need a nationwide network of hydrogen producers, consumers, and connective infrastructure. For example, to decarbonize long-haul, heavy-duty trucking, we will need transportation corridors with a network of H2 fueling stations. To accomplish this, ideally, selected H2Hubs will begin collaborating early-on with nearby regions that weren’t selected to leverage ideas, expertise, and resources, to accommodate the 8-10 year phased contracting approach.[2]
[1] Clean hydrogen is defined by the U.S. Department of Energy (DOE) as hydrogen produced with a carbon intensity equal to or less than 4 kilograms of CO2e produced on a well-to-gate basis per kilogram of hydrogen produced. (https://www.hydrogen.energy.gov/library/policies-acts/clean-hydrogen-production-standard)
[2] The phased contracting process, as described by OCED, is divided into 4 parts post-selection, and will take between 8-10 years: Phase 1 is the detailed planning process and is ~ 12-18 months; Phase 2 is project development, ~2-3 years; Phase 3 is construction, ~ 3-4 years; and Phase 4 is ramp-up and operations, ~ 2-4 years.
Source: Office of Clean Energy Demonstrations website
The H2Hubs are expected to collectively produce three million metric tons of hydrogen annually, reaching nearly a third of the 2030 U.S. production target and lowering emissions from hard-to-decarbonize industrial sectors that represent 30% of total U.S. carbon emissions, according to a statement issued by the DOE. Together, they will also reduce 25 million metric tons of carbon dioxide (CO2) emissions from end-uses each year—an amount roughly equivalent to the combined annual emissions of 5.5 million gasoline-powered cars. These are the figures from the press releases. To build confidence in the use of hydrogen for decarbonization, more transparency around how the projects’ community and environmental benefits are calculated will be required as the negotiation process between DOE and the selected applicants progresses and contractual agreements are finalized.
Of the 7 selected Hubs, targeted end uses include sectors that today use hydrogen from natural gas without carbon capture such as refineries, petrochemicals, and fertilizer production, and newer uses such as port operations, marine fuel, trucking, ammonia, space heating, and power generation. Clean hydrogen (production, processing, delivery, storage, and end-use) is crucial to the DOE’s strategy for achieving President Biden’s goal of a 100% clean electrical grid by 2035 and net-zero carbon emissions by 2050 because of the huge decarbonization potential.
The success of the H2Hubs and development of the clean hydrogen industry more broadly is directly linked to the Inflation Reduction Act (IRA) 45V hydrogen production tax credit (PTC). Hydrogen stakeholders have been waiting for the issuance of the IRA 45V PTC guidance document by the Internal Revenue Service (IRS) for more than a year since the IRA was signed into law. Key questions contributing to the delay center around how to increase certainty that the production and use of clean hydrogen will have a net environmental benefit and allow the flexibility needed to allow a nascent industry to develop and scale up.
Long-term techno-economic decarbonization models show that even with massive electrification and energy efficiency improvements, in 2050 as much as 50% of final energy demand globally will be met with clean molecules. The H2Hubs will play an important role demonstrating how clean hydrogen can scale up and in what sectors of the economy it can have the biggest decarbonization impact.
EcoEngineers Can Help Guide Your Clean Hydrogen Project
As companies seek to navigate the emerging clean hydrogen landscape, EcoEngineers can help project developers and their stakeholders address the factors that impact carbon intensity (CI) for clean hydrogen projects. Specifically, here’s how EcoEngineers can help:
Life-Cycle Analysis (LCA): Eco can provide comprehensive LCA services that assess the environmental impacts of clean hydrogen production, from raw material extraction to end use. Having performed more than 500 LCAs since 2015, we have experience in all regulations that require LCAs, including the U.S. Renewable Fuel Standard (RFS), California Low-Carbon Fuel Standard (LCFS), Oregon Clean Fuels Program (CFP), Canada Clean Fuel Regulations (CFR), British Columbia Renewable and Low-Carbon Fuel Requirements (RLCFR), Brazil RenovaBio, EU Renewable Energy Directive (RED) and impending directives, along with emerging Voluntary Carbon Markets.
Carbon Intensity (CI): We can help businesses lower their CI by identifying opportunities for efficiency improvements and carbon reduction strategies in clean hydrogen production and utilization. Lower CI values are crucial for meeting sustainability goals and accessing available incentives and credits such as the 45V clean hydrogen production tax credit under the Inflation Reduction Act (IRA).
Project Eligibility and Compliance: Navigating the regulatory landscape is complex, and EcoEngineers can guide businesses through the process. We can ensure that projects meet eligibility requirements for incentives, grants, and compliance with federal and state regulations. With more than 200 asset development engagements and $4 billion of investments for projects across decarbonization projects and technologies, Eco’s team of experts can provide individualized guidance throughout the entire project development lifecycle of your hydrogen project. From design, build, and operational phases to regulatory and permitting guidance, technology and market risk assessments, startup optimization, and capital raising evaluations – we have you covered.
Technology Selection: We can also provide practical guidance on technology selection, helping businesses choose the most suitable and efficient technologies for clean hydrogen production and utilization.
About EcoEngineers
EcoEngineers is a consulting, auditing, and advisory firm with an exclusive focus on the energy transition. From innovation to impact, Eco helps its clients navigate the disruption caused by carbon emissions and climate change. Eco helps organizations stay informed, measure emissions, make investment decisions, maintain compliance, and manage data through the lens of carbon accounting. Its team of engineers, scientists, auditors, consultants, and researchers live and work at the intersection of low-carbon fuel policy, innovative technologies, and the carbon marketplace. Eco was established in 2009 to steer low-carbon fuel producers through the complexities of emerging energy regulations in the United States. Today, Eco’s global team is shaping the response to climate change by advising businesses across the energy transition.
Tanya Peacock
For more information about our clean hydrogen services, contact:
Transportation fuel and plastics producers are increasingly under pressure to reduce the carbon intensity (CI) of their products to comply with state and federal low-carbon policies and industry and company-driven low-carbon goals. These include the United States’ (U.S.) Renewable Fuel Standard (RFS) and Canada’s Clean Fuel Regulations (CFR) or Low-Carbon Fuel Standard (LCFS) programs in California and British Columbia and Clean Fuels Programs in Oregon and Washington, as well as Europe’s Renewable Energy Directive (RED) and a wide array of registries and other European certification schemes such as International Sustainability and Carbon Certification (ISCC).
Transportation fuel and plastics producers want to ensure credible carbon claims and monetize their carbon reduction activities to capture the value of available LCFS credits and/or Renewable Identification Numbers (RINs). To do so, they need to first engage with experienced advisors who understand the carbon accounting frameworks and reporting structures unique to the compliance requirements of these low-carbon fuel programs — and that’s where EcoEngineers can help.
Eco has conducted more than 500 Life-Cycle Analysis (LCA) projects to date. We have extensive experience producing consistent, accurate, and objective LCA methodologies, with clear assumptions and calculations. Our LCAs provide clarity of a refinery or petrochemical facility’s CI values throughout the entire front-end process through to the production of renewable diesel (RD) and/or sustainable aviation fuel (SAF). Our team of experts can provide action plans that support your carbon reduction activities and help you monitor and adjust the CI of your fuel and chemicals along your journey of compliance. We routinely assist transportation fuel and plastics producers with the registration of
biobased feedstock eligibility and new technology pathways with the U.S. Environmental Protection Agency (USEPA) or California’s Air Resources Board (CARB), prepare product applications and certifications, interface with local regulatory agencies, and deliver documentation, auditing, and validation.
In addition, Eco is your trusted guide in optimizing your response to emerging energy policies and training your compliance team on carbon market reporting. Our process starts with education led by EcoUniversity, which provides training workshops, market outlooks, an intensive Carbon Literacy training program, and condensed board and management training modules.
Our Services:
RFS Part 79 Guidance
RFS Part 80 & Engineering Review
Equivalence Value (EV) Calculations
Inflation Reduction Act (IRA) Analysis (45Q, 45Z, and 45V)
Life-Cycle Analysis (LCA)
Quality Assurance Programs (QAP)
Monitoring & Verification
RINs Management
Interaction with Regulatory Bodies (i.e., Feedstock Petition)
Indirect Land-Use Change (iLUC) Evaluation
RINs & Credit Forecasting
For more information about our Petroleum and Refining services, please contact:
The European Union (EU) has bold plans to address climate change and promote sustainability in business, including the Fit for 55 Package and other key initiatives.
Dating back to the 1990s and early 2000s, the EU has been at the forefront of addressing climate change. However, the current goal of achieving climate neutrality by 2050 was formalized in the Green Deal of 2019, with details provided in the Fit for 55 Package.
European Trading Scheme One of the EU’s flagship programs, the European Trading Scheme (ETS), was instrumental in significantly reducing greenhouse gas emissions. Under the ETS, energy-intensive industries were mandated to gradually reduce emissions each year through ETS allowances. However, criticisms arose regarding the distribution of free allowances, which were provided to industries at risk of carbon leakage. This led to some industrial sectors being left outside the ETS, creating a debate about the effectiveness of this approach.
Fit for 55 Package The Fit for 55 Package is a comprehensive set of regulations, directives, and reforms aimed at rectifying past mistakes and advancing the EU’s climate ambitions. Its primary goal is to achieve carbon neutrality by 2050. This package covers around 15 different regulations and introduces deep reforms to the ETS, widening its scope to include sectors such as aviation and maritime.
Implementing CBAM and Reporting Requirements One significant change within the Fit for 55 Package is the Clean Border Adjustment Mechanism (CBAM), which replaces free allowances. CBAM places a carbon price on imported products from third countries to ensure that the EU imports goods with the same climate impact as domestically produced ones. The CBAM regulation entered into force in May, with a transitional phase for reporting and monitoring from October until the end of 2025.
In the initial phase, economic operators can choose between the EU method or the method used in their country of origin. However, they must prove the reliability of the chosen methodology. From 2025 onwards, the EU method will become mandatory.
The Net 0 Industry Act The Net 0 Industry Act is a policy aimed at attracting industry to the EU. It cannot be directly compared to the U.S.’s Inflation Reduction Act due to the EU’s decentralized nature. The EU relies on soft measures like coordination, fund access, and permitting processes, while Member States play a vital role in creating favorable taxation schemes and energy transition plans.
Biofuels and the Renewable Energy Directive The EU has set targets for the share of land-based biofuels, reducing it to 0 percent by 2030. Additionally, the use of advanced feedstocks that do not require land cultivation is encouraged. The EU’s policies on biofuels are part of a broader effort to transition to more sustainable alternatives.
Overlapping Policies Lastly, the Renewable Energy Directive (RED) and the ETS programs. The EU is working on aligning these policies, which will be further consolidated with the introduction of the cap-and-trade system for transportation fuels.
Key Takeaways In conclusion, here are a few takeaways:
The EU is implementing a comprehensive climate and energy package with ambitious goals
CBAM is a central component of this package, aiming to ensure imported products meet EU climate standards
The Net 0 Industry Act reflects the EU’s efforts to attract sustainable industries
Biofuels are evolving in the EU, with a shift towards advanced feedstocks and reduced reliance on land-based options
Policies like RED and ETS are becoming more interconnected as the EU strives for greater policy coherence
Businesses aiming to operate in or export to the EU should stay informed about these multifaceted policies and their implications for sustainability and compliance. As the EU continues to lead in climate action, understanding its evolving regulatory landscape is crucial for sustainable business strategies.
For more information about EU climate policies and programs, please contact Urszula Szalkowska at uszalkowska@ecoengineers.us. Urszula Szalkowska is based in Poland and is the managing director and senior consultant, Europe for EcoEngineers.
In 2019, the European Union (EU) proposed the most advanced climate and energy package in the world: the Green Deal. Its strategic ideas were then incorporated in a number of legislative proposals in the Fit for 55 package. Most of these proposals have become laws in 2023 that introduce new low-carbon and environmental obligations for energy-intensive industries so that the EU could fulfill its pledge of carbon neutrality by 2050.
In this webinar, EcoEngineers presents key elements of the EU strategy for climate neutrality and energy transition such as the upcoming reform of the Emission Trading Scheme (ETS, a cap-and-trade system) and Carbon Border Adjustment Mechanism (CBAM) that will put a carbon price on certain goods imported to the EU We speak about the new approach toward decarbonization of transportation fuels and certain limiting rules pertaining to biofuels. We also discuss the EU’s approach to maintain the competitiveness of the domestic industry investing in low-carbon solutions.
The European Union’s (EU) Carbon Border Adjustment Mechanism (CBAM) requires foreign producers to measure, monitor, and report greenhouse gas (GHG) emissions embedded in imported products. Fundamentally, CBAM will subject foreign manufacturers to the same price per ton of embedded carbon emission limits that are imposed on domestic manufacturers under the EU’s Emissions Trading System (ETS).
Industries required to report in the first phase of CBAM include cement, aluminum, iron and steel, electricity, fertilizers, and hydrogen, although this represents a small fraction of sectors that are already included in the ETS.
The CBAM regulation entered into force in May 2023. Therefore, the first reporting phase of the CBAM regulation begins October 1, 2023, with importers required to submit their first reports by January 31, 2024, for the 2023 fourth-quarter period. The purchase of CBAM certificates (and therefore payments) begins January 1, 2026.
To comply with CBAM, importers (declarants) must register with customs authorities of EU member states and provide details about the type and quantity of goods and the embedded GHG emissions in them. Importers are then required to purchase CBAM certificates corresponding to the declared emissions that are above the limits set in the rules for the product type. An independent accredited verifier must verify the declaration’s accuracy. By May 31 of each year, declarants must surrender CBAM certificates equivalent to their declared and verified embedded emissions.
EcoEngineers offers a range of expertise to help you understand the potential impacts of CBAM. Our team is highly trained in carbon accounting frameworks and reporting structures unique to the regulatory compliance and reporting requirements of climate regulations in the EU.
Industries Required to Report:
Cement
Aluminum
Iron and Steel
Electricity
Fertilizers
Hydrogen
Our Capabilities and Services:
CBAM Registration
Compliance
Regulatory Insight
Improvement Planning
Interface with Regulatory Authorities
Emission Data Collection and Organization
Life-Cycle Analysis (LCA)
Cost-Benefit Analysis
For more information about how EcoEngineers can help with your CBAM reporting, compliance, and regulatory engagement needs, please contact:
In January 2023, the Washington Department of Ecology (DoE) began implementing the cap-and-invest program to achieve the greenhouse gas (GHG) limits set in state law. At the same time this was passed, Washington also created the Clean Fuel Standard (CFS) to specifically curb transportation emissions. Navigating these two market-based policies may be challenging, especially for fuel suppliers that are required to participate in both, but these programs may also be an opportunity for low-carbon technologies and clean fuel suppliers.
Washington’s Cap-and-Invest Program: What is It?
Under the cap-and-invest program, most businesses that emit more than 25,000 metric tons of carbon dioxide (CO2) equivalent (MT CO2e) annually must obtain allowances equal to their covered GHG emissions. The covered emissions are determined from businesses’ GHG reports to the Washington DoE, which are due by March 31 for the previous calendar year. Businesses can purchase allowances at quarterly DoE-hosted auctions, with the first auction held on February 28, 2023.
Washington’s cap-and-invest program sets a limit, or cap, on overall carbon emissions in the state and requires businesses to obtain allowances equal to their covered GHG emissions. (Source: Washington Department of Ecology)
These allowances can then be purchased or sold on secondary markets. In addition, some businesses will be issued no-cost allowances: emissions-intensive, trade-exposed industries (EITEs), natural gas utilities, and electric utilities. The first deadline for businesses to submit their emissions allowances and/or offset credits is November 1, 2024, to cover 30% of their 2023 emissions. Any business that can rapidly decarbonize its technology during the four-year compliance period would then be able to sell excess allowances that are not needed for compliance.
Inside Washington’s Clean Fuel Standard
The Washington CFS is designed to work in tandem with the cap-and-invest program and the design structure is similar to California’s Low-Carbon Fuel Standard (LCFS) program. The Washington CFS requires fuel suppliers to reduce the carbon intensity (CI) of transportation fuels to 20% below 2017 levels by 2034. Some of the major exemptions from this program are aviation, marine, railroad locomotives, and military.
Under Washington’s Clean Fuel Standard, fuels will be assessed to determine their carbon intensity. Cleaner fuels – those with a carbon intensity below the standard – will generate credits that can be kept or sold to producers of high-carbon fuels. Fuels with a carbon intensity above the standard will generate deficits. (Source: Washington Department of Ecology)
Fuel suppliers may apply for a CI that is already approved by California’s Air Resources Board (CARB) or Oregon’s Department of Environmental Quality (DEQ), but it must be adjusted using Washington’s Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) model. Clean fuels with CI scores below the standard will generate credits that can be sold and fuels with CI scores above the standard will generate deficits that will need to be covered by purchasing credits.
EcoEngineers Is Here to Help
EcoEngineers is a consulting, auditing, and advisory firm with an exclusive focus on the energy transition. From innovation to impact, Eco helps its clients navigate the disruption caused by carbon emissions and climate change. Eco helps organizations stay informed, measure emissions, make investment decisions, maintain compliance, and manage data through the lens of carbon accounting. Its team of engineers, scientists, auditors, consultants, and researchers live and work at the intersection of low-carbon fuel policy, innovative technologies, and the carbon marketplace. Eco was established in 2009 to steer low-carbon fuel producers through the complexities of emerging energy regulations in the United States. Today, Eco’s global team is shaping the response to climate change by advising businesses across the energy transition.
For more information about the State of Washington’s cap-and-invest and Clean Fuel Standard programs, please contact us at clientservices@ecoengineers.us.
A typical clean energy project development life-cycle is a complex process that requires a wide array of knowledge of technologies, markets, risk, implementation, construction, startup, and optimization.
This is where EcoEngineers can help. We understand that you are the pioneers who are risking capital and reaching for a better tomorrow. Our role is to be your trusted advisor on this journey to guide you through all phases of your project.
Our ready-made team of experts includes engineers, market analysts, and industry leaders who seamlessly complement your team’s expertise across all industries and project types — including biofuels and renewable energy, voluntary carbon markets, carbon removals, and sequestration, harnessing the new hydrogen economy, integrating electric vehicles (EVs) into your fleet, or evaluating global markets for your fuel or energy.
Our Services Across the Design, Build, and Operation Phases:
Feedstock Compliance
Technology Selection
Life-Cycle Analysis (LCA)
Techno-Economic Analysis (TEA)
Feasibility Studies
Regulatory Interpretations
Credit Market Analysis and Projections
Emerging Carbon Market Analysis
Investor Due Diligence
Compliance Reporting
Project Optimization
We bring expertise in global climate regulations, emerging incentive programs, new technologies, evolving carbon markets, data standards, energy credit markets, commodity markets, feedstocks, and carbon accounting rules. Our technical knowledge, industry connections, and market intelligence help you identify investment opportunities, conduct project feasibility and market studies, assess risk and propose risk mitigation strategies, techno-economic analysis, assess project partners, secure financing, and project due diligence, feedstock and offtake agreements, apply for incentive programs, and oversee construction and commissioning. We are a third-party consultant and do not take equity or a percentage of credits.
Eco has supported more than 200 asset development engagements and $4 billion of investments for projects across decarbonization projects and technologies.
Contact us to learn how we can help you analyze, develop, and implement renewable energy and sustainability projects to achieve your sustainability goals at clientservices@ecoengineers.us.
Inflation Reduction Act: Reflecting on One Year of Clean Energy Transformation
We’ve seen significant change since the passage of the Inflation Reduction Act (IRA) just one year ago. Focused on tackling the pressing challenges of climate change and soaring inflation, the IRA has mobilized unprecedented investments in clean energy across various sectors, including renewable fuels, electric vehicles, carbon capture, and energy efficiency initiatives. This article outlines the impact of the IRA, its potential for the future, how you can take advantage of the various incentives, and how EcoEngineers can help you navigate this change.
Driving the Clean Energy Revolution
The IRA was signed into law on August 16, 2022, signaling a new era for energy and environmental investments in the US. Since then, the U.S. Treasury Department has been releasing guidance in response to a barrage of questions from applicants keen to tap into the myriad of opportunities the IRA presents.
The energy-related tax credits in the IRA include:
45Q – Provides a tax credit to qualified facilities of $85 per metric ton (/metric ton) of carbon dioxide (CO2) stored or $60/metric ton of CO2 used for enhanced oil recovery or other use. Plants built to capture CO2 from the air can get $180/metric ton. Projects have until January 2033 to begin construction.
45Z – Provides a tax credit of up to $1 per gallon (/gal) for domestic production of clean transportation fuels between Dec. 31, 2024, and Dec. 31, 2027. Ethanol plants claiming credits under 45Z don’t have to sequester CO2; they can use it for other purposes.
45V – Provides up to $3 per kilogram (/kg) of hydrogen produced with reduced greenhouse gas (GHG) emissions. The tax credits may be claimed for 10 years on hydrogen sold or used. Hydrogen is an ingredient in fertilizer and has other industrial uses.
40B – Provides a credit of $1.25/gal of sustainable aviation fuel (SAF) in a qualified fuel mixture. SAF must have a baseline lifecycle GHG emissions reduction percentage of 50% compared to petroleum jet fuel. The regulation further incentivizes carbon intensity (CI) reduction by including an additional $0.01/gal tax credit for each percentage point above the 50% reduction for a maximum of $1.75/gal. (Note: The tax credit will not apply to fuel derived from co-processing with non-biomass feedstocks, palm fatty acid distillates, or petroleum.)
48C – Provides $10 billion in credit for qualifying advanced energy products – $4 billion of which must go to projects in designated energy communities. To qualify for the credit, a project must re-equip an industrial or manufacturing facility for the production or recycling of numerous energy types, among other criteria. The first round of funding opens May 31, 2023, and initial concept papers are due July 31, 2023.
48X – Provides tax credits for the production and sale of components related to solar PV modules, battery and energy storage components, and critical mineral sourcing and processing. The 45X credit will begin to phase out in 2030 and be completely phased out after 2033. Manufacturers cannot claim 45X credits for any facility that has claimed a 48C credit.
A Decade-Long Commitment with Lifelong Benefits
While the IRA extends and modifies various energy-related provisions and incentives for 10 years, the law’s true power lies in its ability to plant seeds of a low-carbon future that will grow for the next 30 to 40 years. By spurring investments in clean and renewable energies, the IRA is set to dramatically change how we produce and consume energy, reducing emissions from carbon-intensive and hard-to-abate processes such as cement, steel, and fertilizer production, to name a few.
Direct Pay and Transferability
Under the IRA, certain taxpayers may elect for a direct payment in lieu of a tax credit or make an election to transfer all or a portion of an eligible credit to an unrelated taxpayer. This allows non-profits, state and local or tribal governments, and rural cooperatives that don’t have an income tax to be eligible to claim clean energy tax credits. For-profit entities like smaller developers who don’t have a large income tax obligation can transfer or sell the tax credits to an unrelated entity. This rule solves the inefficiencies of traditional tax equity financing and is anticipated to bring more liquidity to clean energy projects.
Decarbonization Potential Unleashed
By incentivizing clean energy initiatives across a host of industries, the passage of the IRA, in combination with the Bipartisan Infrastructure Law signed into law in November 2021, could achieve a 35%-41% reduction in economy-wide GHG emissions below 2005 levels by 2030 over its lifetime, according to the U.S. Department of Energy (DOE). The Biden administration estimates that the clean energy provisions of the IRA and the Bipartisan Infrastructure Law together could reduce emissions by more than 1 billion tons of CO2e in 2030, equivalent to the combined annual emissions released from every home in the United States.
Taking Advantage of the Incentives
The tax code can be a challenge to read. Below are just a few resources to help you unravel the IRA:
Visit IRAtracker.org and look at it through the lens of your existing business and GHG reduction goals. The tracker, which is linked to the IRA database, lays out details about the types of projects eligible for incentives to help you determine whether the opportunities meet your needs.
Check out the “Understanding the IRA hub” developed by the Environmental Defense Fund (EDF) in partnership with Deloitte to see if any of the use cases fit your company’s needs.
Visit Invest.gov, which lists businesses making investments supported by the IRA, Bipartisan Infrastructure Law, and CHIPS and Science Act.
About EcoEngineers
EcoEngineers is a consulting, auditing, and advisory firm with an exclusive focus on the energy transition. From innovation to impact, Eco helps its clients navigate the disruption caused by carbon emissions and climate change. Eco helps organizations stay informed, measure emissions, make investment decisions, maintain compliance, and manage data through the lens of carbon accounting. Its team of engineers, scientists, auditors, consultants, and researchers live and work at the intersection of low-carbon fuel policy, innovative technologies, and the carbon marketplace. Eco was established in 2009 to steer low-carbon fuel producers through the complexities of emerging energy regulations in the United States. Today, Eco’s global team is shaping the response to climate change by advising businesses across the energy transition.
For more information about EcoEngineers’ role in helping interested parties participate in the IRA, contact us at clientservices@ecoengineers.us.
For more information about our Petroleum and Refining services, please contact:
