United States (Federal)
Air Pollution Control Program
The Air Pollution Control Program assists state, local, and tribal agencies in planning, developing, establishing, improving, and maintaining adequate programs for prevention and control of air pollution or implementation of national air quality standards. Plans may emphasize alternative fuels, vehicle maintenance, and transportation choices to reduce vehicle miles traveled. Eligible applicants may receive federal funding for up to 60% of project costs to implement their plans. (Reference 42 U.S. Code 7405)
Point of Contact
U.S. Environmental Protection Agency
Phone (202) 272-0167
http://www.epa.gov
Congestion Mitigation and Air Quality (CMAQ) Improvement Program
The CMAQ Improvement Program provides funding to state departments of transportation (DOTs), municipal planning organizations (MPOs), and transit agencies for projects and programs in air quality non-attainment and maintenance areas that reduce transportation-related emissions. Eligible activities include transit improvements, travel demand management strategies, traffic flow improvements, purchasing idle reduction equipment, development of alternative fueling infrastructure, conversion of public fleet vehicles to operate on cleaner fuels, and outreach activities that provide assistance to diesel equipment and vehicle owners and operators regarding the purchase and installation of diesel retrofits. State DOTs and MPOs must give priority to projects and programs to include diesel retrofits and other cost-effective emissions reduction activities, and cost-effective congestion mitigation activities that provide air quality benefits. For more information, visit the CMAQ Web site. (Reference 23 U.S. Code 149)
Point of Contact
Federal Highway Administration
U.S. Department of Transportation
http://www.fhwa.dot.gov/index.html
Renewable Energy Systems and Energy Efficiency Improvements Grant
Competitive grant funding and guaranteed loans are available from the U.S. Department of Agriculture Office of Rural Development's Section 9006 Energy Program for the purchase of renewable energy systems and energy improvements for agricultural producers and small rural businesses. Qualified projects must occur in a rural area and implement technology that is pre-commercial or commercially available and replicable. Research and development does not qualify. Applicants must provide at least 75% of eligible project costs, and grant assistance to a single individual or entity may not exceed $750,000. Eligible projects include biofuels, hydrogen, and energy efficiency improvements, as well as solar, geothermal, and wind. The Section 9006 Energy Program has not been funded for Fiscal Year 2008. For more information, visit the Section 9006 Program Web site, and contact the appropriate State Rural Development Office. (Reference 7 U.S. Code 8106)
Point of Contact
Office of Rural Development
U.S. Department of Agriculture
Phone (202) 690-4730
http://www.rurdev.usda.gov/rd/energy/
Clean Fuels Grant Program
The Clean Fuels Grant Program assists designated ozone and carbon monoxide air quality nonattainment and maintenance areas in achieving or maintaining the National Ambient Air Quality Standards through grant funding. The program accelerates the deployment of advanced bus technologies by supporting the use of low-emission vehicles in transit fleets. The program assists transit agencies in purchasing low-emission buses and related equipment, constructing alternative fuel stations, modifying garage facilities to accommodate clean fuel vehicles, and assisting with the use of biodiesel. For more information, see the Clean Fuels Grant Program fact sheet. (Reference 49 U.S. Code 5308 and 49 CFR 624)
Point of Contact
Federal Transit Administration, Office of Program Management
U.S. Department of Transportation
Phone (202) 366-4020
http://www.fta.dot.gov/index.html
State Energy Program (SEP) Funding
The SEP provides grants to states to assist in designing, developing, and implementing renewable energy and energy efficiency programs. Funding from the SEP is directed to state energy offices, and each state's energy office manages all SEP-funded projects. States may also receive project funding from technology programs in the U.S. Department of Energy's Office of Energy Efficiency and Renewable Energy (EERE) for SEP Special Projects. EERE distributes the funding through an annual competitive solicitation to state energy offices. For more information about the SEP, including SEP project descriptions, visit the SEP Web site.
Point of Contact
U.S. Department of Energy
Phone (800) 342-5363
Fax (202) 586-4403
http://www.energy.gov
Clean Cities
The mission of Clean Cities is to advance the energy, economic, and environmental security of the United States by supporting local initiatives to adopt practices that reduce the use of petroleum in the transportation sector. Clean Cities carries out this mission through a network of more than 80 volunteer coalitions, which develop public/private partnerships to promote alternative fuels and advanced vehicles, fuel blends, fuel economy, hybrid vehicles, and idle reduction. Clean Cities provides information about financial opportunities, coordinates technical assistance projects; updates and maintains databases and Web sites, and publishes fact sheets, newsletters, and related technical and informational materials. For more information, visit the Clean Cities Web site.
Point of Contact
U.S. Department of Energy
Phone (800) 342-5363
Fax (202) 586-4403
http://www.energy.gov
Vehicle Incremental Cost Allocation
The U.S. General Services Administration (GSA) is required to allocate the incremental cost of purchasing alternative fuel vehicles across the entire fleet of vehicles distributed by GSA. This mandate also applies to other federal agencies that procure vehicles for federal fleets. (Reference 42 U.S. Code 13212 (c))
Point of Contact
U.S. General Services Administration
Phone (703) 605-5630
AFVteam@gsa.gov
http://www.gsa.gov/afv
Vehicle Acquisition and Fuel Use Requirements for State and Alternative Fuel Provider Fleets
Under the Energy Policy Act (EPAct) of 1992, certain state government and alternative fuel provider fleets are required to acquire alternative fuel vehicles (AFVs). Compliance is required by fleets that operate, lease, or control 50 or more light-duty vehicles within the U.S. Of those 50 vehicles, at least 20 must be used primarily within a single Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area. Those same 20 vehicles must also be capable of being centrally fueled. Covered fleets earn credits for each vehicle purchased, and credits earned in excess of their requirements can be banked or traded with other fleets. Additionally, fleets that use fuel blends containing at least 20% biodiesel (B20) in medium- and heavy-duty vehicles may earn credits toward their annual AFV acquisition requirements.
On March 20, 2007, the U.S. Department of Energy (DOE) issued a final rule on Alternative Compliance (PDF 2.5 MB), which allows fleets the option to choose a petroleum reduction path in lieu of acquiring AFVs. Download Adobe Reader. Interested fleets must obtain a waiver from DOE by proving that they will achieve petroleum reductions equivalent to that achieved by having AFVs running on alternative fuels 100% of the time.
For more information, visit the EPAct State and Alternative Fuel Provider Fleets Web site, or contact the Regulatory Information Line at (202) 586-9171 or regulatory_info@afdc.nrel.gov.
(Reference 42 U.S. Code 13251 and 13263a, and 10 CFR 490)
Point of Contact
Dana O'Hara
State and Alternative Provider Rule
U.S. Department of Energy
Phone (202) 586-8063
dana.o'hara@ee.doe.gov
http://www1.eere.energy.gov/vehiclesandfuels/epact/state_alt_fleets.html
Alternative Fuel Infrastructure Tax Credit
A tax credit is available for the cost of installing alternative fueling equipment placed into service after December 31, 2005. Qualified alternative fuels are natural gas, liquefied petroleum gas, hydrogen, electricity, E85, or diesel fuel blends containing a minimum of 20% biodiesel. The credit amount is up to 30% of the cost, not to exceed $30,000, for equipment placed into service before January 1, 2009. The credit amount is up to 50% not to exceed $50,000, for equipment placed into service on or after January 1, 2009. Fueling station owners who install qualified equipment at multiple sites are allowed to use the credit towards each location. Consumers who purchase residential fueling equipment may receive a tax credit of up to $1,000, which increases to $2,000 for equipment placed into service after December 31, 2008. The maximum credit amount for hydrogen fueling equipment placed into service after December 31, 2008, and before January 1, 2015, is $200,000. The credit expires December 31, 2010, for all other eligible fuel types. Form 8911 (PDF 247 KB) provides additional information and must be used in order to claim the tax credit. Download Adobe Reader (Reference Public Law 111-5, Section 1123, and 26 U.S. Code 30C)
Point of Contact
U.S. Internal Revenue Service
Phone (800) 829-1040
http://www.irs.gov/
Small Ethanol Producer Tax Credit
A small ethanol producer that is registered with the Internal Revenue Service (IRS) may be eligible for a tax incentive in the amount of $0.10 per gallon of ethanol that is: sold and used by the purchaser in the purchaser's trade or business to produce an ethanol fuel mixture; sold and used by the purchaser as a fuel in a trade or business; sold at retail for use as a motor vehicle fuel; used by the producer in a trade or business to produce an ethanol fuel mixture; or used by the producer as a fuel in a trade or business. A small producer is one that has, at all times during the tax year, not more than 60 million gallons of productive capacity of any type of alcohol. The incentive applies only to the first 15 million gallons of ethanol produced in a tax year and is allowed as a credit against the producer's income tax liability. Under current law, this incentive expires December 31, 2010. For more information, see IRS Publication 510 and IRS Forms 637 and 6478, which are available via the IRS Web site. (Reference 26 U.S. Code 40)
Point of Contact
Excise Tax Branch
U.S. Internal Revenue Service Office of Chief Counsel
Phone (202) 622-3130
http://www.irs.gov/
Vehicle Acquisition and Fuel Use Requirements for Federal Fleets
Under the Energy Policy Act (EPAct) of 1992, 75% of new light-duty vehicles acquired by certain federal fleets must be AFVs. As amended in January 2008, Section 301 of EPAct of 1992 defines AFVs to include hybrid electric vehicles, fuel cell vehicles, and advanced lean burn vehicles. Federal fleets are also required to use alternative fuels in dual-fuel vehicles unless the U.S. Department of Energy (DOE) determines an agency qualifies for a waiver; grounds for a waiver include the lack of alternative fuel availability and cost restrictions. Fleets that use fuel blends containing at least 20% biodiesel (B20) in medium- and heavy-duty vehicle may earn credits toward their annual requirements. Additionally, Executive Order 13423 requires federal agencies with 20 vehicles or more in their U.S. fleet to decrease petroleum consumption by 2% per year, relative to their Fiscal Year (FY) 2005 baseline, through FY 2015. Agencies must also continue to increase their alternative fuel use by 10% per year, relative to the previous year. For more information, visit the Federal Fleet Management Web site.
Additional requirements for federal fleets were included in the Energy Independence and Security Act of 2007, including low greenhouse gas emitting vehicle acquisition requirements and renewable fuel infrastructure installation. These requirements are dependent upon formal rulemaking by DOE.
(Reference 42 U.S. Code 13212, and Executive Order 13423)
Point of Contact
Federal Fleet Requirements
U.S. Department of Energy
fed_fleets@afdc.nrel.gov
http://www1.eere.energy.gov/femp/about/fleet_mgmt.html
Vehicle Acquisition and Fuel Use Requirements for Private and Local Government Fleets
Under the Energy Policy Act (EPAct) of 1992, the U.S. Department of Energy (DOE) was directed to determine whether private and local government fleets should be mandated to acquire alternative fuel vehicles (AFVs). In January 2004, DOE published a final rule announcing its decision not to implement an AFV acquisition mandate for private and local government fleets. In response to a March 2006 ruling by a U.S. District Court, DOE issued a subsequent final rulemaking on the new Replacement Fuel Goal in March 2007, which extended the EPAct of 1992 goal to 2030. The goal is to achieve a domestic production capacity for replacement fuels sufficient to replace 30% of the U.S. motor fuel consumption. In March 2008, DOE issued its determination not to implement a fleet compliance mandate for private and local government fleets, concluding that such a mandate is not necessary to achieve the Replacement Fuel Goal. For more information on the Private and Local Government Fleet Rule compliance, visit the EPAct Private and Local Government Fleet Determination Web site. (Reference 42 U.S. Code 13257)
U.S. EPA Raises the Renewable Fuels Standard for 2008
In response to the Energy Independence and Security Act of 2007 (EISA), signed into law by President Bush in December 2007, the U.S. Environmental Protection Agency (EPA) has subsequently the increased the 2008 Renewable Fuels Standard (RFS) to 7.76% in order to meet the new requirement that all transportation fuels sold contain a minimum of 9 billion gallons of renewable fuel in 2008, as set by the EISA. To determine these volumes, EPA calculates the percentage-based standard annually, which applies to refiners, importers, and non-oxygenate blenders of gasoline. The new RFS supersedes the 2008 RFS that EPA published in November 2007, prior to the enactment of the EISA.
The EISA requires an increase in the overall volume of renewable fuels that must be blended into transportation fuels each year, increasing to 36 billion gallons per year by 2022. In addition, beginning in 2013, a certain percentage of the renewable fuels must be advanced and/or cellulosic based biofuels and biomass-based diesel. For more information on these requirements and the RFS program, visit the EPA's RFS Program Web site as well as the RFS information on the Federal Incentives & Laws Web site.
Energy Independence and Security Act of 2007 Signed Into Law
President Bush signed the Energy Independence and Security Act (EISA) of 2007 (House Resolution 6), designed to improve vehicle fuel economy and help reduce U.S. dependence on oil. EISA aims to increase the supply of alternative fuel sources by setting a mandatory Renewable Fuel Standard (RFS) requiring transportation fuel sold in the U.S. to contain a minimum of 36 billion gallons of renewable fuels by 2022, including advanced and cellulosic biofuels and biomass-based diesel. In addition, the law requires the Corporate Average Fuel Economy (CAFE) standard to reach 35 miles per gallon by the year 2020. The EISA is projected to reduce energy consumption by 7% and greenhouse gas emissions by 9% by 2030. For a summary of the major provisions set forth by the legislation, visit the Energy Independence and Security Act of 2007 page of the Federal Incentives & Laws Web site. The complete legislation can be viewed on the Library of Congress Web site.
Biobased Products and Bioenergy Program
The goal of the Biobased Products and Bioenergy Program is to help finance technologies that are needed to convert biomass into biobased products and bioenergy in a cost-competitive manner in national and international markets. Loans for biomass conversions are eligible for financing under the Business and Industry Guaranteed Loan Program. For the purpose of this program, biomass is defined as any organic matter that is available on a renewable or recurring basis, excluding timber, and including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, wood and wood residues, animal wastes, and other waste materials. A biobased product is considered any commercial or industrial product that utilizes biological products or renewable domestic agricultural or forestry materials, including biofuels. For more information, visit the Biobased Products and Bioenergy Program Web site and contact the appropriate State Rural Development Office. (Reference 7 U.S. Code 8109)
Point of Contact
Office of Rural Development
U.S. Department of Agriculture
Phone (202) 690-4730
http://www.rurdev.usda.gov/rd/energy/
Biomass Research and Development Initiative
The U.S. Department of Agriculture Office of Rural Development, in conjunction with U.S. Department of Energy, provides grant funding for projects addressing research and development of biomass-based products, bioenergy, biofuels, and related processes under the Section 9008 Biomass Research and Development Initiative. Eligible recipients may receive up to $1 million for projects that involve feedstock production for biobased fuels and products, converting cellulosic biomass into biobased fuels, technologies for co-producing biobased products in biofuel production facilities, and strategic guidance for improving overall sustainability and environmental quality of biomass technologies. For more information, visit the Biobased Products and Bioenergy Program Web site and contact the appropriate State Rural Development Office. (Reference 7 U.S. Code 8601)
Point of Contact
Office of Rural Development
U.S. Department of Agriculture
Phone (202) 690-4730
http://www.rurdev.usda.gov/rd/energy/
Value-Added Producer Grants (VAPG)
The U.S. Department of Agriculture Office of Rural Development awards Value-Added Producer Grants for planning activities and working capital for marketing value-added agricultural products and farm-based renewable energy. Eligible applicants include independent producers, farmer and rancher cooperatives, agricultural producer groups, and majority-controlled producer-based business ventures. Eligible participants may apply for either a planning grant or a working capital grant, but not both. In addition, no more than 10% of program funds may be awarded to majority-controlled producer-based business ventures. Grants will only be awarded if projects are determined to be economically viable and sustainable. For more information about grant eligibility, visit the VAPG Web site and contact the appropriate State Rural Development Office. (Reference 7 U.S. Code 1621)
Point of Contact
Office of Rural Development
U.S. Department of Agriculture
Phone (202) 690-4730
http://www.rurdev.usda.gov/rd/energy/
Alternative Transportation in Parks and Public Lands Program
The Alternative Transportation in the Parks and Public Lands Program provides funding to support public transportation projects in parks and on public lands. The goals of the program include conservation of natural, historical, and cultural resources, and reduced congestion and pollution. The Federal Transit Administration administers the program while partnering with the Department of the Interior and the Forest Service to provide for technical assistance in alternative transportation options. Eligible projects include capital and planning expenses for alternative transportation systems such as clean fuel shuttle vehicles. For more information, see the Alternative Transportation in Parks and Public Lands fact sheet. (Reference 49 U.S. Code 5320)
Point of Contact
Federal Transit Administration, Office of Program Management
U.S. Department of Transportation
Phone (202) 366-4020
http://www.fta.dot.gov/index.html
Biobased Transportation Research Funding
The Surface Transportation Research, Development, and Deployment (STRDD) program funds activities to promote innovation in transportation infrastructure, services, and operations. A portion of the funding made available to the STRDD program is set aside for the Biobased Transportation Research program to carry out biobased research of national importance at research centers and through the National Biodiesel Board. For more information, see the STRDD Program fact sheet. (Reference 23 U.S. Code 502 and 7 U.S. Code 8109)
Point of Contact
Federal Highway Administration
U.S. Department of Transportation
http://www.fhwa.dot.gov/index.html
Voluntary Airport Low Emission (VALE) Program
The goal of the VALE program is to reduce ground level emissions at commercial service airports located in designated ozone and carbon monoxide air quality nonattainment and maintenance areas. The VALE program provides funding through the Airport Improvement Program and the Passenger Facility Charges program for the purchase of low-emission vehicles, development of fueling and recharging stations, implementing gate electrification, and other airport air quality improvements. (Reference 49 U.S. Code 40101)
Point of Contact
Jake Plante
Federal Aviation Administration, Airports Environmental Office
U.S. Department of Transportation
Phone (202) 493-4875
jake.plante@faa.gov
http://www.faa.gov/airports/environmental/vale/
Aftermarket Alternative Fuel Vehicle (AFV) Conversions
Conventional original equipment manufacturer vehicles altered to operate on propane, natural gas, methane gas, ethanol, or electricity are classified as aftermarket AFV conversions. All vehicle conversions, except those that are completed for a vehicle to run on electricity, must meet current applicable U.S. Environmental Protection Agency standards. For more information about vehicle conversion certification requirements, see the Alternative Fuels & Advanced Vehicles Data Center's Conversions Web site. (Reference 40 CFR 85)
Point of Contact
U.S. Environmental Protection Agency
Phone (202) 272-0167
http://www.epa.gov
Renewable Fuel Standard (RFS) Program
The national RFS Program was developed to increase the volume of renewable fuel that is blended into gasoline and other transportation fuels. As required by the Energy Policy Act of 2005, the U.S. Environmental Protection Agency (EPA) finalized RFS Program regulations, effective September 1, 2007. The Energy Independence and Security Act of 2007, signed into law in December 2007, increased and expanded this standard. In 2008, 9 billion gallons of renewable fuel must be used, increasing to 36 billion gallons per year by 2022. Beginning in 2013, a certain percentage of the renewable fuels must be advanced and/or cellulosic based biofuels and biomass-based diesel, pending final rulemaking by EPA. Cellulosic biofuel is defined as any renewable fuel derived from cellulose, hemicellulose, or lignin, and achieves a 60% greenhouse gas (GHG) emissions reduction. Advanced biofuel is defined as any renewable fuel, other than ethanol derived from corn, derived from renewable biomass, and achieves a 50% GHG emissions reduction.
Each year, EPA will determine the Renewable Volume Obligation (RVO) for parties required to participate in the RFS Program. This standard is calculated as a percentage, by dividing the amount of renewable fuel (gallons) required by the RFS to be blended into gasoline for a given year by the amount of gasoline/transportation fuel expected to be used during that year. Any party that produces gasoline for use in the U.S., including refiners, importers, and blenders (other than oxygenate blenders), is considered an obligated party under the RFS Program. Parties that do not produce, import, or market fuels within the 48 contiguous states are exempt from the renewable fuel tracking program. Small refineries and refiners are also exempt from the program until 2011. A small refinery is defined as one that processes fewer than 75,000 barrels of crude oil per day, has a total crude capacity of less than 150,000 barrels per day, and employs fewer than 1,500 employees company-wide. All obligated parties are expected to meet their RVO beginning in 2007.
To facilitate and track compliance with the RFS, a producer or importer of renewable fuel must generate Renewable Identification Numbers (RINs) to represent renewable fuels produced or imported by the entity on or after September 1, 2007, assigned by gallon or batch. Assigned RINs are transferred when ownership of a batch of fuel occurs, but not when fuel only changes custody. A trading program is in place to allow obligated parties to comply with the annual RVO requirements through the purchase of RINs. Obligated parties must register with the EPA in order to participate in the trading program. For each calendar year, an obligated party must demonstrate that it has sufficient RINs to cover its RVO. RINs may only be used for compliance purposes in the calendar year they are generated or the following year. Obligated parties must report their ownership of RINs to the EPA's Office of Transportation and Air Quality on a quarterly and annual basis.(Reference 42 U.S. Code 7545(o) and 40 CFR 80.1100-80.1167)
Point of Contact
U.S. Environmental Protection Agency
Phone (202) 272-0167
http://www.epa.gov
Alternative Fuel Definition
The following fuels are defined as alternative fuels by the Energy Policy Act (EPAct) of 1992: pure methanol, ethanol, and other alcohols; blends of 85% or more of alcohol with gasoline; natural gas and liquid fuels domestically produced from natural gas; liquefied petroleum gas (propane); coal-derived liquid fuels; hydrogen; electricity; pure biodiesel (B100); fuels, other than alcohol, derived from biological materials; and P-Series fuels. In addition, the U.S. Department of Energy (DOE) is authorized to designate other fuels as alternative fuels, provided that the fuel is substantially nonpetroleum, yields substantial energy security benefits, and offers substantial environmental benefits. For more information about the alternative fuels defined by EPAct 1992 as well as DOE's alternative fuel designation authority, visit the EPAct Web site. (Reference 42 U.S. Code 13211)
Point of Contact
U.S. Department of Energy
Phone (800) 342-5363
Fax (202) 586-4403
http://www.energy.gov
Improved Energy Technology Loans
The U.S. Department of Energy (DOE) provides loan guarantees through the Loan Guarantee Program (Program) to eligible projects that reduce air pollution and greenhouse gases, and support early commercial use of advanced technologies, including biofuels and alternative fuel vehicles. The Program is not intended for research and development projects. DOE may issue loan guarantees for up to 100% of the amount of the loan for an eligible project. For loan guarantees of over 80%, the loan must be issued and funded by the Treasury Department's Federal Financing Bank. For additional Program guidelines and solicitation announcements, please visit the Loan Guarantee Program Web site. (Reference 42 U.S. Code 16513)
Point of Contact
U.S. Department of Energy
Phone (800) 342-5363
Fax (202) 586-4403
http://www.energy.gov
Import Duty for Fuel Ethanol
The U.S. Customs and Border Protection imposes a 2.5% ad valorem tariff on the import of ethanol for use in fuel which is based on the percent volume of the fuel at the time of transaction. The 2009 Normal Trade Relations duty rate (formerly known as the Most Favored Nation duty) of $0.54 per gallon of ethanol also applies to imports from most countries to offset the Volumetric Ethanol Excise Tax Credit (VEETC) available from the U.S. Internal Revenue Service (IRS). Ethanol imports from countries that are part of the North Atlantic Free Trade Agreement, Caribbean Basin Initiative, and Andean Trade Preference Act may not be subject to the secondary duty provided the ethanol is produced with feedstocks from those nations (specific feedstock percentage requirements apply). Importers of ethanol must follow the same regulations as domestic producers, including registering with the IRS. (Reference Harmonized Tariff Schedule Number 99010050, and Public Laws 96-499, 99-514, 109-423, and 110-234)
Point of Contact
U.S. Customs and Border Protection
Phone (703) 526-4200 or (877) 227-5511
http://www.cbp.gov/
Volumetric Ethanol Excise Tax Credit (VEETC)
An ethanol blender that is registered with the Internal Revenue Service (IRS) may be eligible for a tax incentive in the amount of $0.45 per gallon of pure ethanol (minimum 190 proof) blended with gasoline. Only entitles that have produced and sold or used the qualified mixture as a fuel in their trade or business are eligible for the tax credit. The incentive must first be taken as a credit against the blender's fuel tax liability; any excess over this tax liability may be claimed as a direct payment from the IRS. Under current law, this incentive expires December 31, 2010. For more information, see IRS Publication 510 and IRS Forms 637, 720, 4136, 6478, and 8849, which are available via the IRS Web site. (Reference Public Law 110-234, and 26 U.S. Code 6426)
Point of Contact
Excise Tax Branch
U.S. Internal Revenue Service Office of Chief Counsel
Phone (202) 622-3130
http://www.irs.gov/
Congress Passes Food, Conservation, and Energy Act of 2008 (Farm Bill)
In May, Congress overrode a presidential veto to pass the Food, Conservation, and Energy Act of 2008 (House Resolution 2419), which provides funding for commodity, rural development, conservation, and energy programs. The bill includes language that authorizes $1 billion in funds for renewable energy programs and new feedstock production, and reauthorizes many 2002 Farm Bill programs, including the Biomass Research and Development Initiative, the Biobased Products and Bioenergy Program, and a biodiesel education program. The bill also allows for a cellulosic biofuel production credit.
Emergency Economic Stabilization Act/Energy Improvement and Extension Act of 2008
The Emergency Economic Stabilization Act (House Resolution 1424) was signed by President Bush, enacting the Energy Improvement and Extension Act of 2008. The bill amends and extends existing biodiesel blending and production tax credits, extends existing alternative fuel excise tax credit, and extends the alternative fueling infrastructure tax credit. The bill also creates a new tax incentive toward the purchase of qualified plug-in hybrid electric vehicles, based on vehicle weight and battery capacity. Additionally, qualified idle reduction devices are exempt for heavy-duty truck retail excise taxes.
Biorefinery Assistance Program Funds Availability and Proposed Rulemaking Announced
The U.S. Department of Agriculture's (USDA) Rural Business-Cooperative Service has announced an Advanced Notice of Proposed Rule Making (PDF 94KB) and seeks comments for the development of a proposed rule to implement a Biorefinery Assistance guaranteed loan program. Download Adobe Reader. In addition, USDA published a separate notice announcing a Notice of Funds Availability (PDF 130KB) for the Biorefinery Assistance Program, which will provide guaranteed loans for the development and construction of commercial-scale biorefineries or for the retrofitting of existing facilities using eligible technology for the development of advanced biofuels. Created in the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill), the purpose of the Biorefinery Assistance Program is to assist in the development of new and emerging technologies for the development of advanced biofuels.
Cellulosic Biofuel Producer Tax Credit
A cellulosic biofuel producer that is registered with the Internal Revenue Service (IRS) may be eligible for a tax incentive in the amount of up to $1.01 per gallon of cellulosic biofuel that is: sold and used by the purchaser in the purchaser's trade or business to produce a cellulosic biofuel mixture; sold and used by the purchaser as a fuel in a trade or business; sold at retail for use as a motor vehicle fuel; used by the producer in a trade or business to produce a cellulosic biofuel mixture; or used by the producer as a fuel in a trade or business. If the cellulosic biofuel also qualifies for alcohol fuel tax credits, the credit amount is reduced to $0.46 per gallon for biofuel that is ethanol and $0.41 per gallon if the biofuel is not ethanol. Cellulosic biofuel is defined as liquid fuel produced from any lignocellulosic or hemicellulosic matter that is available on a renewable basis, and meets U.S. Environmental Protection Agency fuel and fuel additive registration requirements. Alcohol with a proof of less than 150 is not considered cellulosic biofuel. The incentive is allowed as a credit against the producer's income tax liability. Under current law, only qualified fuel produced in the U.S. between January 1, 2009, and December 31, 2012, for use in the U.S. may be eligible. For more information, see IRS Publication 510 and IRS Forms 637 and 6478, which are available via the IRS Web site. (Reference Public Law 110-234, Section 15321, and 26 U.S. Code 40)
Point of Contact
Excise Tax Branch
U.S. Internal Revenue Service Office of Chief Counsel
Phone (202) 622-3130
http://www.irs.gov/
