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136 STAT. 2000 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(1) IN GENERAL.—In the case of calendar years beginning after 2024, the 20 cent amount in subsection (a)(2)(A), the $1.00 amount in subsection (a)(2)(B), the 35 cent amount in subsection (a)(3)(A)(i), and the $1.75 amount in subsection (a)(3)(A)(ii) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale of the transportation fuel occurs. If any amount as increased under the preceding sentence is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent. ‘‘(2) INFLATION ADJUSTMENT FACTOR.—For purposes of para- graph (1), the inflation adjustment factor shall be the inflation adjustment factor determined and published by the Secretary pursuant to section 45Y(c), determined by substituting ‘calendar year 2022’ for ‘calendar year 1992’ in paragraph (3) thereof. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) mmBTU.—The term ‘mmBTU’ means 1,000,000 British thermal units. ‘‘(2) CO2e.—The term ‘CO2e’ means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on relative global warming potential). ‘‘(3) GREENHOUSE GAS.—The term ‘greenhouse gas’ has the same meaning given that term under section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on the date of the enactment of this section. ‘‘(4) QUALIFIED FACILITY.—The term ‘qualified facility’— ‘‘(A) means a facility used for the production of transportation fuels, and ‘‘(B) does not include any facility for which one of the following credits is allowed under section 38 for the taxable year: ‘‘(i) The credit for production of clean hydrogen under section 45V. ‘‘(ii) The credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48 with respect to any specified clean hydrogen production facility for which an election is made under subsection (a)(15) of such section. ‘‘(iii) The credit for carbon oxide sequestration under section 45Q. ‘‘(5) TRANSPORTATION FUEL.— ‘‘(A) IN GENERAL.—The term ‘transportation fuel’ means a fuel which— ‘‘(i) is suitable for use as a fuel in a highway vehicle or aircraft, ‘‘(ii) has an emissions rate which is not greater than 50 kilograms of CO2e per mmBTU, and ‘‘(iii) is not derived from coprocessing an applicable material (or materials derived from an applicable mate- rial) with a feedstock which is not biomass. ‘‘(B) DEFINITIONS.—In this paragraph— ‘‘(i) APPLICABLE MATERIAL.—The term ‘applicable material’ means— ‘‘(I) monoglycerides, diglycerides, and triglycerides, ‘‘(II) free fatty acids, and Determination. Publication. Effective date. VerDate Sep 11 2014 15:35 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00184 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw