Allocation of credits
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.
Exceptions
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.
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).
Use of credits
In general
At the request of a fleet or covered person allocated a credit under subsection (a), 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, or subchapter III.
Limitation
section 13251(a)(2)(A) of this titleCredits allocated under subsection (a) 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, and subchapter III. This paragraph shall not apply to a fleet or covered person that is a biodiesel alternative fuel provider described in .
Credit not a section 13258 credit
section 13258 of this titleA credit under this section shall not be considered a credit under .
Issuance of rule
The Secretary shall, before , issue a rule establishing procedures for the implementation of this section.
Collection of data
The Secretary shall collect such data as are required to make a determination described in subsection (f)(2)(B).
Definitions
Pub. L. 102–486, title III, § 312Pub. L. 105–277, div. A, § 101(a) [title XII, § 1201(a)]112 Stat. 2681Pub. L. 105–388, § 7(a)112 Stat. 3480Pub. L. 109–58, title XV, § 1515119 Stat. 1091(, as added , , , 2681–48; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 105–277Pub. L. 105–388The date of the enactment of this section, referred to in subsec. (a)(1), probably means , the date of the enactment of this section by , rather than , the date of the enactment of this section by .
Pub. L. 102–486106 Stat. 2866section 6374 of this titlesection 6374 of this titleThis subchapter, referred to in subsec. (b), was in the original “this title”, meaning title III of , , , which enacted this subchapter, amended , and repealed provisions set out as a note under . For complete classification of title III to the Code, see Tables.
Pub. L. 102–486106 Stat. 2875section 6374c of this titlesection 717 of Title 15section 717c of Title 15Subchapter II, referred to in subsec. (b), was in the original “title IV”, meaning title IV of , , , which enacted subchapter II (§ 13231 et seq.) of this chapter, amended sections 6374a and 6374b and former and sections 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade, enacted provisions set out as notes under former section 79b and , and repealed provisions set out as a note under . For complete classification of title IV to the Code, see Tables.
Codification
Pub. L. 105–277Pub. L. 105–388 and enacted identical sections.
Amendments
Pub. L. 109–582005—Subsec. (f)(1). inserted dash after “ ‘biodiesel’ ”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).