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.
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.
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.
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
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.
For purposes of this section—
(1)the term “biodiesel”—
(A)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;
(B)includes biodiesel derived from—
(i)animal wastes, including poultry fats and poultry wastes, and other waste materials; or
(ii)municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; 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.
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.
This subchapter, referred to in subsec. (b), was in the original “this title”, meaning title III of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2866, which enacted this subchapter, amended section
6374 of this title, and repealed provisions set out as a note under section
6374 of this title. For complete classification of title III to the Code, see Tables.
Subchapter II of this chapter, referred to in subsec. (b), was in the original “title IV”, meaning title IV of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2875, which enacted subchapter II (§ 13231 et seq.) of this chapter, amended sections
6374b and former section
6374c of this title and sections
2013 of Title
15, Commerce and Trade, enacted provisions set out as notes under former section
717 of Title
15, and repealed provisions set out as a note under section
717c of Title
15. For complete classification of title IV to the Code, see Tables.
2005—Subsec. (f)(1). Pub. L. 109–58inserted dash after “ ‘biodiesel’ ”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.