
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13220]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                SUBCHAPTER I--ALTERNATIVE FUELS--GENERAL
 
Sec. 13220. Biodiesel fuel use credits


(a) Allocation of credits

                           (1) In general

        The Secretary shall allocate one credit under this section to a 
    fleet or covered person for each qualifying volume of the biodiesel 
    component of fuel containing at least 20 percent biodiesel by volume 
    purchased after the date of the enactment of this section, for use 
    by the fleet or covered person in vehicles owned or operated by the 
    fleet or covered person that weigh more than 8,500 pounds gross 
    vehicle weight rating.

                           (2) Exceptions

        No credits shall be allocated under paragraph (1) for a purchase 
    of biodiesel--
            (A) for use in alternative fueled vehicles; or
            (B) that is required by Federal or State law.

                 (3) Authority to modify percentage

        The Secretary may, by rule, lower the 20 percent biodiesel 
    volume requirement in paragraph (1) for reasons related to cold 
    start, safety, or vehicle function considerations.

                          (4) Documentation

        A fleet or covered person seeking a credit under this section 
    shall provide written documentation to the Secretary supporting the 
    allocation of a credit to such fleet or covered person under 
    paragraph (1).

(b) Use of credits

                           (1) In general

        At the request of a fleet or covered person allocated a credit 
    under subsection (a) of this section, the Secretary shall, for the 
    year in which the purchase of a qualifying volume is made, treat 
    that purchase as the acquisition of one alternative fueled vehicle 
    the fleet or covered person is required to acquire under this 
    subchapter, subchapter II of this chapter, or subchapter III of this 
    chapter.

                           (2) Limitation

        Credits allocated under subsection (a) of this section may not 
    be used to satisfy more than 50 percent of the alternative fueled 
    vehicle requirements of a fleet or covered person under this 
    subchapter, subchapter II of this chapter, and subchapter III of 
    this chapter. This paragraph shall not apply to a fleet or covered 
    person that is a biodiesel alternative fuel provider described in 
    section 13251(a)(2)(A) of this title.

(c) Credit not a section 13258 credit

    A credit under this section shall not be considered a credit under 
section 13258 of this title.

(d) Issuance of rule

    The Secretary shall, before January 1, 1999, issue a rule 
establishing procedures for the implementation of this section.

(e) Collection of data

    The Secretary shall collect such data as are required to make a 
determination described in subsection (f)(2)(B) of this section.

(f) Definitions

    For purposes of this section--
        (1) the term ``biodiesel'' means a diesel fuel substitute 
    produced from nonpetroleum renewable resources that meets the 
    registration requirements for fuels and fuel additives established 
    by the Environmental Protection Agency under section 7545 of this 
    title; and
        (2) the term ``qualifying volume'' means--
            (A) 450 gallons; or
            (B) if the Secretary determines by rule that the average 
        annual alternative fuel use in light duty vehicles by fleets and 
        covered persons exceeds 450 gallons or gallon equivalents, the 
        amount of such average annual alternative fuel use.

(Pub. L. 102-486, title III, Sec. 312, as added Pub. L. 105-277, div. A, 
Sec. 101(a) [title XII, Sec. 1201(a)], Oct. 21, 1998, 112 Stat. 2681, 
2681-48; Pub. L. 105-388, Sec. 7(a), Nov. 13, 1998, 112 Stat. 3480.)

                       References in Text

    The date of the enactment of this section, referred to in subsec. 
(a)(1), probably means October 21, 1998, the date of the enactment of 
this section by Pub. L. 105-277, rather than Nov. 13, 1998, the date of 
the enactment of this section by Pub. L. 105-388.

                          Codification

    Pub. L. 105-277 and Pub. L. 105-388 enacted identical sections.
