Title 42, The Public Health and WelfareRelease 119-110

§13220 Biodiesel Fuel Use Credits

Title 42 › CHAPTER 134 — ENERGY POLICY › SUBCHAPTER I — ALTERNATIVE FUELS—GENERAL › § 13220

Last updated Sep 22, 2026|Official source

Summary

The Secretary must give one credit to a fleet or covered person each time they buy a "qualifying volume" of fuel where the biodiesel part is at least 20% by volume, as long as the fuel is bought after the law took effect and is used in vehicles the fleet owns or runs that weigh more than 8,500 pounds. No credit is allowed for biodiesel used in alternative-fueled vehicles or for biodiesel that the buyer was required to buy by Federal or State law. The Secretary can lower the 20% rule for cold-start, safety, or vehicle performance reasons. Fleets must give written proof to get a credit. At the fleet’s request, each credit will count for the year of purchase as if the fleet had acquired one required alternative-fueled vehicle. Credits cannot be used for more than 50% of a fleet’s required alternative-fueled vehicle purchases, except for fleets that are biodiesel alternative fuel providers described in section 13251(a)(2)(A). Credits under this rule are not the same as credits under section 13258. The Secretary had to issue an implementation rule by January 1, 1999, and must collect data needed to decide if the qualifying volume should change. Definitions (short): "Biodiesel" means diesel made from nonpetroleum renewable resources that meets EPA registration rules under section 7545; it includes biodiesel from animal wastes and from municipal solid waste and wastewater sludges and oils. "Qualifying volume" means 450 gallons, unless the Secretary sets a higher amount by rule based on the average annual alternative fuel use in light-duty vehicles.

Full Legal Text

Title 42, §13220

The Public Health and Welfare, Source: USLM XML via OLRC

(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), 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.
(2)Limitation
Credits 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 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).
(f)Definitions
For purposes of this section
(1)
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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. 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, 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 section 6374a and 6374b and former section 6374c of this title and section 717, 717a, 2001, 2002, 2006, and 2013 of Title 15, Commerce and Trade, enacted provisions set out as notes under former section 79b and 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. Codification Pub. L. 105–277 and Pub. L. 105–388 enacted identical sections.

Amendments

2005—Subsec. (f)(1). Pub. L. 109–58 inserted dash after “ ‘biodiesel’ ”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).

Reference

Citations & Metadata

Citation

42 U.S.C. § 13220

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110