After the historic passage of H.R. 3590 and H.R. 4872, many were left wondering where the taxes and fees would come from. One of the primary revenue raisers is the elimination of the $1.01 tax credit per gallon on "black liquor" biomass.
Code section 40(b)(6) is amended and excludes unprocessed fuels from the biofuel producer credit. This exclusion applies if any fuel is more than 4 percent of such is any combination of water or sediment; or the ash content is more than 1 percent. Each of these amounts is determined by weight.
This seeks to eliminate “black liquor” biomass. Some lawmakers saw this as an abuse by certain industries. In the Technical Explanation of the bill, the Joint Committee on Taxation described this process as: “The kraft process for making paper produces a byproduct called black liquor, which has been used for decades by paper manufacturers as a fuel in the papermaking process. Black liquor is composed of water, lignin and the spent chemicals used to break down the wood. The amount of the biomass in black liquor varies. The portion of the black liquor that is not consumed as a fuel source for the paper mills is recycled back into the papermaking process. Black liquor has ash content (mineral and other inorganic matter) significantly above that of other fuels.”
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