NEFI HIGHLIGHTS FEATURES OF PROPOSED RULE FOR 45Z CLEAN FUEL PRODUCTION CREDIT
The U.S. Department of the Treasury and Internal Revenue Service released a proposed rule implementing the Section 45Z Clean Fuel Production Credit. “The proposed rule provides much-needed regulatory clarity for the biofuels industry after more than a year of uncertainty and includes a major victory for NEFI and heating fuel marketers,” the National Energy & Fuels Institute said in its newsletter to members.
The Section 45Z Clean Fuel Production Credit was created under the Inflation Reduction Act of 2022. The newsletter, NEFI Online Energy News, reported that 45Z was intended to replace all federal tax credits for renewable and alternative fuels, including the biodiesel and renewable diesel blenders’ tax credit under Section 40A of the Internal Revenue Code. The 45Z credit was then modified under the One, Big, Beautiful Bill Act (OBBBA) of 2025 and was one of the only renewable or alternative energy provisions – other than nuclear – to have been preserved, demonstrating strong support from the Trump Administration and Congress for biofuels, the newsletter explained, adding:
“Since the 45Z credit was first proposed in 2022, NEFI has advocated that qualifying low-carbon fuels must be eligible regardless of their downstream end use, including in space and water heating applications. The proposed rule explicitly adopts this position, stating that ‘actual use as a fuel in a highway vehicle or aircraft is not required.’
“In practical terms,” the newsletter said, “this means that renewable fuels, including biodiesel and renewable diesel, that meet ASTM specifications will qualify for the credit regardless of whether the fuel ends up in a truck, boiler, backhoe, or fishing boat.”
NEFI President and CEO Jim Collura said, “This proposed rule is a significant step forward and should help restore confidence in the biofuels and downstream wholesale, retail, and consumer markets after a difficult transition period. The 45Z credit is vastly improved from what was originally enacted in 2022 and we are optimistic it will support renewed growth in biofuels production and adoption.”
The proposed rule is subject to a 60-day public comment period closing April 6, 2026. Treasury will host a public hearing on May 28, 2026, at 10:00 a.m. ET. NEFI says it will submit formal comments and participate in the hearing, seeking to ensure the final rule reflects the priorities of heating fuel marketers.
This news item is reprinted from the Feb. 10 issue of NEFI’s newsletter, NEON. It has been edited for clarity and length.
DOT MOVES TO SHUT HUNDREDS OF CDL TRAINING SCHOOLS
U.S. Transportation Secretary Sean P. Duffy announced Feb. 18 that more than 550 CDL training schools found in violation of the Federal Motor Carrier Safety Administration (FMCSA)’s standards of safety received notices of proposed removal from FMCSA’s national training provider registry. FMCSA mobilized more than 300 investigators across 50 states to conduct over 1,400 sting operations. Noncompliant schools lacked qualified instructors, used fake addresses, and failed to properly train drivers on the transportation of hazardous materials, among other violations. One school removed for violating safety standards had previously provided training for school bus drivers.
“For too long, the trucking industry has operated like the Wild, Wild West, where anything goes and nobody asks any questions. The buck stops with me. Under President Trump, my team is cracking down on every link in the trucking chain that has allowed this lawlessness to impact the safety of America’s roads. American families should have confidence that our school bus and truck drivers are following every letter of the law and that starts with receiving proper training before getting behind the wheel,” said Duffy.
Over the course of five days, the FMCSA said, it conducted 1,426 on-site investigations of driver training providers, which resulted in:
• 448 notices of proposed removals issued to schools that failed to meet basic safety standards.
• 109 training providers voluntarily removed themselves from the Training Provider Registry upon hearing investigators were on the way.
Common violations included:
• Unqualified Teachers: Instructors did not even hold the correct licenses or permits—such as for school buses—for the vehicles they were teaching their students to drive.
• Improper Vehicles: Schools were using vehicles that didn’t match the type of training being offered.
• Incomplete Assessments: Providers failed to properly test students on basic requirements.
• State Non-Compliance: Schools admitted to investigators that they did not even meet their own state’s specific requirements.
“We mobilized hundreds of investigators to visit these schools in person to ensure strict compliance with federal safety standards,” said FMCSA Administrator Derek D. Barrs. “If a school isn’t using the right vehicles or if their instructors aren’t qualified, they have no business training the next generation of truckers or school bus drivers.”
An additional 97 training providers remain under investigation for compliance issues.
MERCHANTS’ GROUP
WELCOMES COURT RULING IN FAVOR OF BAN ON SWIPE FEES
The Merchants Payments Coalition welcomed a ruling by a federal judge in favor of Illinois’ ban on swipe fees on sales tax and tips.
“This is a major victory for merchants, their customers and their employees,” MPC Executive Committee member and National Association of Convenience Stores General Counsel Doug Kantor said in a Feb. 10 statement. “Merchants provide a service by collecting taxes and tips that are turned over to the state and to employees, and it’s unfair to punish them by charging them price-fixed swipe fees for doing that. These fees drive up prices for consumers at a time when affordability is the key issue facing our nation’s economy. Illinois lawmakers have done the right thing by passing this law and the court has done the right thing by upholding it.”
Kantor’s comments came after U.S. District Judge Virginia Kendall ruled in favor of merchants in a lawsuit brought by banks challenging the Illinois Interchange Fee Prohibition Act, which bans card networks and banks from collecting swipe fees on the tax portion of transactions or on workers’ tips. The law was originally set to take effect in July 2025 but was postponed for one year by the state legislature while the lawsuit was pending.
Kendall rejected banks’ claims that the Illinois law is preempted by the federal National Bank Act. In doing so she addressed the fact that swipe fees are set centrally by Visa and Mastercard regardless of which bank issues a card and called that “the core snag” in banks’ lawsuit.
“The payment card networks built this ecosystem, and the payment card networks set these fees,” Kendall wrote. “To claim that the IFPA interchange fee provision impermissibly interferes with the power set out in (the National Bank Act) — which ‘should be arrived at by each bank on a competitive basis and not on the basis of any agreement’ — does not add up in the face of that reality.”
“The judge has seen clearly that it’s Visa and Mastercard that run the swipe fee system and that states can regulate these anti-competitive fees,” Kantor said.
The ruling comes after attorneys representing the Illinois Retail Merchants Association and three MPC member associations (NACS plus the National Retail Federation and FMI — the Food Industry Association) joined Illinois Attorney General Kwame Raoul in oral arguments last October asking that the swipe fee ban be upheld. Merchants’ attorneys argued that since swipe fees are set by non-banks — Visa and Mastercard — the ban cannot be voided by federal law that preempts state law affecting nationally chartered banks.
The litigation over the Illinois law comes as Congress is considering the Credit Card Competition Act to address swipe fees, which hit a record $187.2 billion in 2024 and drive up prices for the average family by nearly $1,200 a year.
Under the CCCA, banks with at least $100 billion in assets would enable credit cards to be processed over at least one unaffiliated network like Star, NYCE or Shazam in addition to Visa or Mastercard. The measure is expected to result in competition over fees, security and service that would save merchants and their customers over $17 billion a year. Visa and Mastercard, which control 80% of the market, each centrally set the swipe fee rates charged by all banks that issue cards under their brands and also restrict process to their own networks.
The Merchants Payments Coalition represents retailers, supermarkets, convenience stores, gasoline stations, online merchants and others fighting for a more competitive and transparent card system that is fair to consumers and merchants. Follow MPC on Twitter, Facebook or LinkedIn for the latest on swipe fees.
SPOTLIGHT: DROPLET FUEL
Droplet Fuel announced FeeView, a fee-transparency tool for heating oil and propane dealers. FeeView calculates the estimated interchange cost on each transaction before the card is charged, helping dealers protect margins on every delivery. “For the first time, dealers can see what a card will cost before they run it,” said Steve Williams, President of Droplet Fuel. Droplet’s integrated back-office, dispatch, and payments platform streamlines operations and drives profitability. l FON