What the changes say
- The company added disclosures on 45Z production tax credits and updated its figures on ethanol exports and domestic production capacity.
- It also updated ongoing tax examinations and carbon sequestration regulations.
What changed since the prior 10-K
New
- NewRisks Related to our Ethanol and By-Products Business
Our ability to generate 45Z production tax credits involves regulatory and market uncertainties
New regulatory requirements and market uncertainties could impact our ability to claim and monetize 45Z production tax credits for our ethanol plants.
Dropped
- DroppedRisks Related to our Ethanol and By-Products Business
The ethanol industry is changing rapidly which could result in unexpected developments that could negatively impact our operations
General ethanol industry growth statistics and historical production volumes.
- DroppedRisks Related to our Ethanol and By-Products Business
have a negative impact on our results of operations. We may not be able to obtain a suitable replacement for antibiotics, should this be required, which would also negatively impact the market for distillers grains
- DroppedRisks Related to our Refined Coal Operations
Availability of the tax credits under IRC Section 45
Reworded
- 63% rewrittenRisks Related to our Ethanol and By-Products Business
Carbon capture and sequestration projects are subject to federal, state, and local regulations
Added new legislation limiting carbon sequestration at federal, state, or local levels and removed specific IRA corn-based ethanol exclusion language.
- 61% rewrittenRisks Related to our Ethanol and By-Products Business
Our revenue from the sale of distillers grains depends upon its continued market acceptance as an animal feed
Added a concluding clause stating that negative impacts on the distillers grains market would negatively impact results of operations.
- 53% rewrittenRisks Related to our Ethanol and By-Products Business
The U.S. ethanol industry is highly dependent upon a myriad of federal and state legislation and regulation and any changes in legislation or regulation could materially and adversely affect our results of operations and financial position
Added a sentence noting that various pieces of legislation have been introduced to the U.S. Congress.
- 45% rewrittenRisks Related to REX and General Risk Factors
Federal, state and local jurisdictions may challenge our tax return positions
Updated the status of the IRS examination for tax years 2015 through 2022 to reflect that the company is finalizing the examination.
- 42% rewrittenRisks Related to our Former Refined Coal Operations
We used patented technology
Expanded patent infringement liability risk from just the third-party operator to include the company itself.
- 38% rewrittenRisks Related to our Ethanol and By-Products Business
The price of ethanol and distillers grains may decline as a result of trade restrictions, duties or tariffs on ethanol and distillers grains exports from the United States or from unfavorable foreign currency exchange rates
Updated export figures, citing 2.2 billion gallons of U.S. ethanol exported in 2025 with 36% sold in Canada.
- 21% rewrittenRisks Related to our Ethanol and By-Products Business
Increased ethanol production or decreases in demand for ethanol may result in excess production capacity in the ethanol industry, which may cause the price of ethanol, distillers grains and distillers corn oil to decrease
Updated domestic ethanol capacity to 18.5 billion gallons and added the EPA's issuance of RVOs for 2026 and 2027 on March 27, 2026.
All 39 risk factors
Headings as the filing states them, in filing order.
Risks Related to our Ethanol and By-Products Business
- 01The financial returns on our ethanol investments are highly dependent on commodity prices, which are subject to significant volatility, uncertainty and regional supply shortages, so our results could fluctuate substantially
- 02Our returns on ethanol investments are highly sensitive to corn prices
- 03Our risk management strategies may be ineffective and may expose us to decreased profitability and liquidity
- 04The market for natural gas is subject to market conditions that create uncertainty in the price and availability of the natural gas that our ethanol plants use in their manufacturing process
- 05Fluctuations in the selling price of commodities may reduce profit margins at our ethanol plants
- 06Inflation could impact the cost and/or availability of material, labor and other input, which could adversely affect our operations
- 07The price of ethanol and distillers grains may decline as a result of trade restrictions, duties or tariffs on ethanol and distillers grains exports from the United States or from unfavorable foreign currency exchange rates38% rewritten
- 08Increased ethanol production or decreases in demand for ethanol may result in excess production capacity in the ethanol industry, which may cause the price of ethanol, distillers grains and distillers corn oil to decrease21% rewritten
- 09There are limited markets for ethanol other than what is federally mandated. Increased consumer acceptance of E-15 and E-85 fuel is likely necessary in order for ethanol to achieve significant market share growth beyond federal mandate levels
- 10We may not successfully develop our planned carbon sequestration facility near the One Earth Energy ethanol plant
- 11Carbon capture and sequestration projects are subject to federal, state, and local regulations63% rewritten
- 12Our ability to generate 45Z production tax credits involves regulatory and market uncertaintiesNew
- 13We depend on our partners to operate certain of our ethanol investments
- 14We may not successfully acquire or develop additional ethanol investments or expansion
- 15Our ethanol plants may be adversely affected by technological advances and efforts to anticipate and employ such technological advances may prove unsuccessful
- 16Any advances in technology which require significant unanticipated capital expenditures to remain competitive or which reduce demand or prices for ethanol would have a material adverse effect on the results of our ethanol operations
- 17The U.S. ethanol industry is highly dependent upon a myriad of federal and state legislation and regulation and any changes in legislation or regulation could materially and adversely affect our results of operations and financial position53% rewritten
- 18The inability to generate or obtain RINs could adversely affect our operating results
- 19Federal support of cellulosic ethanol may result in reduced incentives to corn-derived ethanol producers
- 20Our ethanol business is affected by environmental and other regulations which could impede or prohibit our ability to successfully operate our plants
- 21Our ethanol business may become subject to various environmental and health and safety and property damage claims and liabilities
- 22Our business is not diversified
- 23We may not be able to meet commitments to produce and sell ethanol
- 24We may not be able to meet commitments to purchase commodities
- 25Our revenue from the sale of distillers grains depends upon its continued market acceptance as an animal feed61% rewritten
- 26We face significant competition in the ethanol industry
- 27We may face competition from foreign producers
- 28We may not be able to hire and retain qualified personnel to operate our ethanol plants and carbon sequestration facility
- 29Our plants depend on an uninterrupted supply of energy and water to operate. Unforeseen plant shutdowns could harm our business
- 30We rely on information technology in our operations and financial reporting and any material failure, inadequacy, interruption or security breach of that technology could harm our ability to efficiently operate our business and report our financial results accurately and timely
- 31We ship much of our products and receive a portion of our corn via rail, which involves risks involving potential regulatory changes that could adversely affect our cash flows and operating results
- 32We operate in a capital intensive industry. Limitations on external financing could adversely affect our financial performance
- 33There is a risk of a pandemic that could spread into the United States and other countries
Risks Related to our Former Refined Coal Operations
- 34Our refined coal operation and its by-products may result in environmental and product liability claims and environmental compliance costs
- 35We used patented technology42% rewritten
Risks Related to REX and General Risk Factors
- 36We have concentrations of cash deposits at financial institutions that exceed federal insurance limits
- 37We may fail to realize the anticipated benefits of mergers, acquisitions, or other investments
- 38Rising focus on environmental, social and corporate governance matters from investors and regulators may increase our operating costs, bring down the value of our products and assets, and impact our ability to access capital markets
- 39Federal, state and local jurisdictions may challenge our tax return positions45% rewritten
Other REX American Resources 10-Ks
- FY2025 10-K risk factors41 risks
Ethanol production economics dominate the risk profile, heavily tied to corn and natural gas prices, regulatory mandates, and expanding carbon capture ventures.
Filed Mar 28, 2025
About this page
The headings are the filing's own. The one-line readings and the overview are automated and can be wrong: read Item 1A of the 10-K for the exact wording.