15A NCAC 01U .0403      BANKING

(a)  EPActs credits shall be accrued and banked according to the following:

(1)           The U.S. DOE Alternative Fuel Transportation Program 10 CFR Part 490, which is incorporated by reference including subsequent amendments and editions and can be found at no charge at https://www.ecfr.gov/cgi-bin/ECFR?page=browse, requires that 75% of LDVs acquired by state fleets shall be FFVs, compressed natural gas vehicles, propane vehicles, or electric vehicles;

(2)           One credit shall be earned for each OEM or EPA certified retrofit FFV, compressed natural gas vehicle, propane vehicle, or electric vehicle purchased;

(3)           Credits that exceed the annual minimum State AFV acquisition requirements shall be banked through the U.S. Department of Energy's Alternative Fuel Transportation Program to meet future year requirements or traded;

(4)           State fleet cars can earn Biodiesel Fuel Use Credits to meet 50% of their annual AFV acquisition requirements by purchasing and using biodiesel; and

(5)           Biodiesel Fuel Use Credits cannot be traded or banked.

(b)  Credits shall be determined by State agencies in cooperation with the State Energy Office in the following manner:

(1)           Each year by December 1^st, every State department, institution, and agency subject to EPAct requirements shall provide the State Energy Office with the types of vehicles purchased, the vehicle identification numbers, and the dates of purchase to determine the number of EPAct credits generated by the State; and

(2)           The SEO shall submit an annual EPAct credit report to the U.S. DOE by December 31st.

(c)  The following provisions shall be used in determining credits:

(1)           EPAct credits eligible for sale include FFVs if the FFVs are operating on E85;

(2)           EPAct credits generated through the use of B20 are not eligible for sale or transfer; however, they shall be used by the State to meet 50% of Energy Policy Act requirements; and

(3)           State agencies and institutions that purchase FFVs shall record the use of E85 for the FFVs.

History Note:        Authority G.S. 143-58.4; 143-58.5;

Eff. May 1, 2007;

Readopted Eff. June 1, 2021;

Transferred from 01 NCAC 41D .0201 Eff. September 1, 2024.