12 2 STA T .38 33 PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 (3)byinsert in g‘ ‘ ,o rot h ere qu i val ent stan d ard a p proved by the S e c retary ’ ’a f ter ‘‘ D 3 96 ’’ . (d) COPR O DUCTI O N O FRE NE WABL E DIE S EL W IT HP ETROLEU MF EEDSTOC K . — ( 1 ) I N G ENERAL.—Paragraph (3) of section 40A (f) is a m ended by adding at the end the follo w ing new sentences
‘‘Such term does not include any fuel derived from coprocessing biomass with a feedstoc k which is not biomass. For purposes of this paragraph, the term ‘biomass’ has the meaning given such term by section 4 5K (c)(3).’’. ( 2 ) CONFORMING AMENDMENT.—Paragraph (3) of section 40A(f) is amended by striking ‘‘(as defined in section 45K(c)(3))’’. (e) E LIGIBILIT Y OF CERTAIN A V IATION FUEL.—Subsection (f) of section 40A (relating to renewable diesel) is amended by adding at the end the following new paragraph: ‘‘(4) CERTAIN AVIATION FUEL.— ‘‘(A) IN GENERAL.—E x cept as provided in the last 3 sentences of paragraph (3), the term ‘renewable diesel’ shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military j et fuel or an American Society of T esting and M aterials specification for aviation turbine fuel. ‘‘( B ) APPLICATION OF MI X TURE CREDITS.—In the case of fuel which is treated as renewable diesel solely by reason of subparagraph (A), subsection (b)(1) and section 6426(c) shall be applied with respect to such fuel by treating ker - osene as though it were diesel fuel.’’. (f) MODIFICATION RELATING TO DEFINITION OF AGRI-BIO- DIESEL.—Paragraph (2) of section 40A(d) (relating to agri-biodiesel) is amended by striking ‘‘and mustard seeds’’ and inserting ‘‘mustard seeds, and camelina’’. (g) EFFECTIVE DATE.— (1) IN GENERAL.—Except as otherwise provided in this sub- section, the amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 200 8 . (2) COPRODUCTION OF RENEWABLE DIESEL WITH PETROLEUM FEEDSTOCK.—The amendment made by subsection (d) shall apply to fuel produced, and sold or used, after the date of the enactment of this Act. SEC.203 .C LARIF ICA T I ON T H AT CRE D ITS FOR F U EL ARE DESI G NED TO P RO V IDE AN INCENTIVE FOR UNITED STATES PRODUC - TION. (a) ALCOHOL FUELS CREDIT.—Subsection (d) of section 40 is amended by adding at the end the following new paragraph: ‘‘( 7 ) L IMITATION TO ALCOHOL WITH CONNECTION TO THE UNITED STATES.— N o credit shall be determined under this sec- tion with respect to any alcohol which is produced outside the U nited States for use as a fuel outside the United States. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States.’’. (b) BIODIESEL FUELS CREDIT.—Subsection (d) of section 40A is amended by adding at the end the following new paragraph: ‘‘(5) LIMITATION TO BIODIESEL WITH CONNECTION TO THE UNITED STATES.—No credit shall be determined under this sec- tion with respect to any biodiesel which is produced outside the United States for use as a fuel outside the United States. Ap p licab ili ty.26USC40 A no t e . D e f inition. 26 USC 40A.
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