1. (a) DOE shall allocate to a fleet or covered person one credit for each qualifying volume of the biodiesel component of a fuel that contains at least 20 percent biodiesel by volume if:

   1. (1) Each qualifying volume of the biodiesel component of a fuel was purchased after November 13, 1998;
   2. (2) The biodiesel component of fuel is used in vehicles owned or operated by the fleet or covered person; and
   3. (3) The biodiesel component of the fuel is used in vehicles weighing more than 8,500 pounds gross vehicle weight rating.

2. (b) No credit shall be allocated under this subpart for a purchase of the biodiesel component of a fuel if the fuel is:

   1. (1) For use in alternative fueled vehicles which have been used to satisfy the alternative fueled vehicle acquisition requirements under Titles III and V of the Energy Policy Act of 1992; or
   2. (2) Required by Federal or State law.

[64 FR 27174, May 19, 1999, as amended at 66 FR 2210, Jan. 11, 2001]