Page:United States Statutes at Large Volume 122.djvu/3843

 12 2 STA T .38 2 0PUBLIC LA W 110 – 3 4 3 —O CT. 3 , 2008 byproducts o f t he co king process , inc l uding such ma te - rials that ha v e been stored in ground, in tanks and in lagoons, that have been treated as ha z ardous w astes under applicable F ederal environmental rules absent li q uefaction and processing with coal into a feedstock for the manufacture of coke .’ ’. ( b )CREDITAMOUN T. — ( 1 ) I N G ENER AL .— P aragraph ( 8 ) of section 45 (e) of the Internal R evenue Code of 1 9 8 6 (relating to refined coal produc- tion facilities) is amended by adding at the end the following new subparagraph ‘ ‘( D ) SP E C IAL RULE F OR S TEEL INDUSTR Y FUEL.— ‘‘(i) IN GENERAL.—In the case of a ta x payer who produces steel industry fuel— ‘‘(I) this paragraph shall be applied separately with respect to steel industry fuel and other refined coal, and ‘‘(II) in applying this paragraph to steel industry fuel, the modifications in clause (ii) shall apply. ‘‘(ii) M ODIFICATIONS.— ‘‘(I) CREDIT AMOUNT.—Subparagraph (A) shall be applied by substituting ‘ $2 per barrel-of-oil equivalent’ for ‘$4. 37 5 per ton’. ‘‘(II) CREDIT PERIOD.—In lieu of the 1 0 -year period referred to in clauses (i) and (ii)(II) of subparagraph (A), the credit period shall be the period beginning on the later of the date such facility was originally placed in service, the date the modifications described in clause (iii) were placed in service, or O ctober 1, 2008, and ending on the later of December 31, 2009, or the date which is 1 year after the date such facility or the modifications described in clause (iii) were placed in service. ‘‘(III) N OP H ASEOUT.—Subparagraph ( B ) shall not apply. ‘‘(iii) MODIFICATIONS.— T he modifications described in this clause are modifications to an existing facility which allow such facility to produce steel industry fuel. ‘‘(iv) BARREL-OF-OIL E Q UI V ALENT.—For purposes of this subparagraph, a barrel-of-oil equivalent is the amount of steel industry fuel that has a Btu content of 5,800,000 Btus.’’. (2) INFLATION AD J USTMENT.—Paragraph (2) of section 45(b) of such Code is amended by inserting ‘‘the $3 amount in sub- section (e)(8)(D)(ii)(I),’’ after ‘‘subsection (e)(8)(A),’’. (c) TERMINATION.—Paragraph (8) of section 45(d) of the Internal Revenue Code of 1986 (relating to refined coal production facility), as amended by this Act, is amended to read as follows

‘‘(8) REFINED COAL PRODUCTION FACILITY.—In the case of a facility that produces refined coal, the term ‘refined coal production facility’ means— ‘‘(A) with respect to a facility producing steel industry fuel, any facility (or any modification to a facility) which is placed in service before J anuary 1, 2010, and Ap p licab ili ty.26USC45 .

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