---
kind: "section"
citation: "42 U.S.C. § 13220"
title: "42"
title_heading: "The Public Health and Welfare"
number: "13220"
heading: "Biodiesel fuel use credits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/13220"
units:
  - "Chapter 134 — Energy Policy"
  - "Subchapter I — Alternative Fuels—general"
---

# §13220. Biodiesel fuel use credits

- (a) **Allocation of credits—**
  - (1) **In general—** The [Secretary](/usc/42/242q–4.md?p=2) shall allocate one credit under this section to a [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) 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](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) in vehicles owned or operated by the [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) that weigh more than 8,500 pounds gross vehicle weight rating.
  - (2) **Exceptions—** No credits shall be allocated under [paragraph (1)](#a-1) for a purchase of biodiesel—
    - (A) for use in [alternative fueled vehicles](/usc/42/13211.md?p=3-A); or
    - (B) that is required by Federal or [State](/usc/42/2021b.md?p=14) law.
  - (3) **Authority to modify percentage—** The [Secretary](/usc/42/242q–4.md?p=2) may, by rule, lower the 20 percent biodiesel volume requirement in [paragraph (1)](#a-1) for reasons related to cold start, safety, or vehicle function considerations.
  - (4) **Documentation—** A [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) seeking a credit under this section shall provide written documentation to the [Secretary](/usc/42/242q–4.md?p=2) supporting the [allocation](/usc/42/2021b.md?p=2) of a credit to such [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) under [paragraph (1)](#a-1).
- (b) **Use of credits—**
  - (1) **In general—** At the request of a [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) allocated a credit under [subsection (a)](#a), the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/13211.md?p=3-A) the [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) is required to acquire under this subchapter, subchapter II, or subchapter III.
  - (2) **Limitation—** Credits allocated under [subsection (a)](#a) may not be used to satisfy more than 50 percent of the [alternative fueled vehicle](/usc/42/13211.md?p=3-A) requirements of a [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) under this subchapter, subchapter II, and subchapter III. This paragraph shall not apply to a [fleet](/usc/42/13211.md?p=9) or [covered person](/usc/42/13211.md?p=5) that is a biodiesel [alternative fuel](/usc/42/13211.md?p=2) provider described in [section 13251(a)(2)(A) of this title](/usc/42/13251.md?p=a-2-A).
- (c) **Credit not a section 13258 credit—** A credit under this section shall not be considered a credit under [section 13258 of this title](/usc/42/13258.md).
- (d) **Issuance of rule—** The [Secretary](/usc/42/242q–4.md?p=2) shall, before January 1, 1999, issue a rule establishing procedures for the implementation of this section.
- (e) **Collection of data—** The [Secretary](/usc/42/242q–4.md?p=2) shall collect such data as are required to make a determination described in [subsection (f)(2)(B)](#f-2-B).
- (f) **Definitions—** 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](/usc/42/8262.md?p=1) under [section 7545 of this title](/usc/42/7545.md);
    - (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](/usc/42/11851.md?p=11) of wastewater; and
  - (2) the term “qualifying volume” means—
    - (A) 450 gallons; or
    - (B) if the [Secretary](/usc/42/242q–4.md?p=2) determines by rule that the average annual [alternative fuel](/usc/42/13211.md?p=2) use in light duty vehicles by [fleets](/usc/42/13211.md?p=9) and [covered persons](/usc/42/13211.md?p=5) exceeds 450 gallons or gallon equivalents, the amount of such average annual [alternative fuel](/usc/42/13211.md?p=2) use.

## Source credit

(Pub. L. 102–486, title III, § 312, as added Pub. L. 105–277, div. A, § 101(a) [title XII, § 1201(a)], Oct. 21, 1998, 112 Stat. 2681, 2681–48; Pub. L. 105–388, § 7(a), Nov. 13, 1998, 112 Stat. 3480; Pub. L. 109–58, title XV, § 1515, Aug. 8, 2005, 119 Stat. 1091.)

## Notes

### 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 sections 6374a and 6374b and former section 6374c of this title 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 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).