PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 1055
credit under this chapter or for purposes of section 55.’’. (d) CONFORMING AMENDMENTS.— (1) Paragraph (4) of section 40A(b) is amended by striking ‘‘this section’’ and inserting ‘‘paragraph (1) or (2) of subsection (a)’’. (2) The heading of subsection (b) of section 40A is amended by striking ‘‘and Biodiesel Credit’’ and inserting ‘‘, Biodiesel Credit, and Small Agri-biodiesel Producer Credit’’. (3) Paragraph (3) of section 40A(d) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ‘‘(C) PRODUCER CREDIT.—If— ‘‘(i) any credit was determined under subsection (a)(3), and ‘‘(ii) any person does not use such fuel for a purpose described in subsection (b)(5)(B), then there is hereby imposed on such person a tax equal to 10 cents a gallon for each gallon of such agri-biodiesel.’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
26 USC 40A note.
SEC. 1346. RENEWABLE DIESEL.
(a) IN GENERAL.—Section 40A (relating to biodiesel used as fuel), as amended by this Act, is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) RENEWABLE DIESEL.—For purposes of this title— ‘‘(1) TREATMENT IN THE SAME MANNER AS BIODIESEL.— Except as provided in paragraph (2), renewable diesel shall be treated in the same manner as biodiesel. ‘‘(2) EXCEPTIONS.— ‘‘(A) RATE OF CREDIT.—Subsections (b)(1)(A) and (b)(2)(A) shall be applied with respect to renewable diesel by substituting ‘$1.00’ for ‘50 cents’. ‘‘(B) NONAPPLICATION OF CERTAIN CREDITS.—Subsections (b)(3) and (b)(5) shall not apply with respect to renewable diesel. ‘‘(3) RENEWABLE DIESEL DEFINED.—The term ‘renewable diesel’ means diesel fuel derived from biomass (as defined in section 45K(c)(3)) using a thermal depolymerization process which meets— ‘‘(A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545), and ‘‘(B) the requirements of the American Society of Testing and Materials D975 or D396.’’. (b) CLERICAL AMENDMENTS.— (1) The heading for section 40A is amended by inserting ‘‘AND RENEWABLE DIESEL’’ after ‘‘BIODIESEL’’. (2) The item in the table of contents for subpart D of part IV of subchapter A of chapter 1 relating to section 40A is amended to read as follows:
Applicability.
‘‘Sec. 40A. Biodiesel and renewable diesel used as fuel.’’.
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