(1) In general
For purposes of section 38, the clean fuel production credit for any taxable year is an amount equal to the product of—
(A) the applicable amount per gallon (or gallon equivalent) with respect to any transportation fuel which is—
the applicable amount per gallon (or gallon equivalent) with respect to any transportation fuel which is—
(i) produced by the taxpayer at a qualified facility, and
(ii) sold by the taxpayer in a manner described in paragraph (4) during the taxable year, and
(B) the emissions factor for such fuel (as determined under subsection (b)).
(2) Applicable amount
(A) Base amount
In the case of any transportation fuel produced at a qualified facility which does not satisfy the requirements described in subparagraph (B), the applicable amount shall be 20 cents.
(B) Alternative amount
In the case of any transportation fuel produced at a qualified facility which satisfies the requirements under paragraphs (6) and (7) of subsection (f), the applicable amount shall be $1.00.
(3) Special rate for sustainable aviation fuel
(A) In general
In the case of a transportation fuel which is sustainable aviation fuel, paragraph (2) shall be applied—
(i) in the case of fuel produced at a qualified facility described in paragraph (2)(A), by substituting “35 cents” for “20 cents”, and
(ii) in the case of fuel produced at a qualified facility described in paragraph (2)(B), by substituting “$1.75” for “$1.00”.
(B) Sustainable aviation fuel
For purposes of this subparagraph (A),
(i) meets the requirements of—
meets the requirements of—
(I) ASTM International Standard D7566, or
(II) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, and
(ii) is not derived from palm fatty acid distillates or petroleum.
(4) Sale
For purposes of paragraph (1), the transportation fuel is sold in a manner described in this paragraph if such fuel is sold by the taxpayer to an unrelated person—
(A) for use by such person in the production of a fuel mixture,
(B) for use by such person in a trade or business, or
(C) who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person.
(5) Rounding
If any amount determined under paragraph (1) is not a multiple of 1 cent, such amount shall be rounded to the nearest cent.
(1) Emissions factor
(A) Calculation
(i) In general
(I)
(II) 50 kilograms of CO
(B) Establishment of emissions rate
(i) In general
Subject to clauses (ii) and (iii), the Secretary shall annually publish a table which sets forth the emissions rate for similar types and categories of transportation fuels based on the amount of lifecycle greenhouse gas emissions (as described in section 211(
(ii) Non-aviation fuel
In the case of any transportation fuel which is not a sustainable aviation fuel, the lifecycle greenhouse gas emissions of such fuel shall be based on the most recent determinations under the Greenhouse gases, Regulated Emissions, and Energy use in Transportation model developed by Argonne National Laboratory, or a successor model (as determined by the Secretary).
(iii) Aviation fuel
(I) the most recent Carbon Offsetting and Reduction Scheme for International Aviation which has been adopted by the International Civil Aviation Organization with the agreement of the United States, or
(II) any similar methodology which satisfies the criteria under section 211(
(C) Rounding of emissions rate
(i) In general
Subject to clause (ii), the Secretary may round the emissions rates under subparagraph (B) to the nearest multiple of 5 kilograms of CO
(ii) Exception
In the case of an emissions rate that is between 2.5 kilograms of CO
(D) Provisional emissions rate
In the case of any transportation fuel for which an emissions rate has not been established under subparagraph (B), a taxpayer producing such fuel may file a petition with the Secretary for determination of the emissions rate with respect to such fuel.
(2) Rounding
If any amount determined under paragraph (1)(A) is not a multiple of 0.1, such amount shall be rounded to the nearest multiple of 0.1.
(1) In general
In the case of calendar years beginning after 2024, the 20 cent amount in subsection (a)(2)(A), the $1.00 amount in subsection (a)(2)(B), the 35 cent amount in subsection (a)(3)(A)(i), and the $1.75 amount in subsection (a)(3)(A)(ii) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale of the transportation fuel occurs. If any amount as increased under the preceding sentence is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent.
(2) Inflation adjustment factor
For purposes of paragraph (1), the inflation adjustment factor shall be the inflation adjustment factor determined and published by the Secretary pursuant to , determined by substituting “calendar year 2022” for “calendar year 1992” in paragraph (3) thereof.
(1) mmBTU
The term “mmBTU” means 1,000,000 British thermal units.
(2) CO
The term “CO
(3) Greenhouse gas
The term “greenhouse gas” has the same meaning given that term under section 211(
(4) Qualified facility
The term “qualified facility”—
(A) means a facility used for the production of transportation fuels, and
(B) does not include any facility for which one of the following credits is allowed under section 38 for the taxable year:
does not include any facility for which one of the following credits is allowed under section 38 for the taxable year:
(i) The credit for production of clean hydrogen under section 45V.
(ii) The credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48 with respect to any specified clean hydrogen production facility for which an election is made under subsection (a)(15) of such section.
(iii) The credit for carbon oxide sequestration under section 45Q.
(5) Transportation fuel
(A) In general
The term “transportation fuel” means a fuel which—
(i) is suitable for use as a fuel in a highway vehicle or aircraft,
(ii) has an emissions rate which is not greater than 50 kilograms of CO
(iii) is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock which is not biomass.
(B) Definitions
In this paragraph—
(i) Applicable material
(I) monoglycerides, diglycerides, and triglycerides,
(II) free fatty acids, and
(III) fatty acid esters.
(ii) Biomass
The term “biomass” has the same meaning given such term in .
Not later than
(1) Only registered production in the United States taken into account
(A) In general
No clean fuel production credit shall be determined under subsection (a) with respect to any transportation fuel unless—
(i) the taxpayer—
the taxpayer—
(I) is registered as a producer of clean fuel under section 4101 at the time of production, and
(II)
(ii) such fuel is produced in the United States.
(B) United States
For purposes of this paragraph, the term “United States” includes any possession of the United States.
(2) Production attributable to the taxpayer
In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility.
(3) Related persons
Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under . In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling fuel to an unrelated person if such fuel is sold to such a person by another member of such group.
(4) Pass-thru in the case of estates and trusts
Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply.
(5) Allocation of credit to patrons of agricultural cooperative
Rules similar to the rules of shall apply.
(6) Prevailing wage requirements
(A) In general
Subject to subparagraph (B), rules similar to the rules of shall apply.
(B) Special rule for facilities placed in service before
For purposes of subparagraph (A), in the case of any qualified facility placed in service before
(i) clause (i) of shall not apply, and
(ii) clause (ii) of such section shall be applied by substituting “with respect to any taxable year beginning after
(7) Apprenticeship requirements
Rules similar to the rules of shall apply.
This section shall not apply to transportation fuel sold after