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42 U.S.C. § 16133 — National grant, rebate, and loan programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year to provide grants, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emissions in terms of—
(1) pollution produced; and
(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
**(b) Distribution**
(1) **In general** — The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section.
(2) **Engine configurations and technologies**
(A) *Certified engine configurations and verified technologies* — The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using—
(i) a certified engine configuration; or
(ii) a verified technology.
(B) *Emerging technologies*
(i) *In general* — The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
(ii) *Application and test plan* — To receive funds under clause (i), a manufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Resources Board a test plan for the emerging technology, together with a verification application.
**(c) Applications**
(1) **Expedited process**
(A) *In general* — The Administrator shall develop a simplified application process for all
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Source location: Title 42, Chapter 149, § 16133; chapter-149-national-energy-policy-and-programs.md
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**(a) In general** The Administrator shall use 70 percent of the funds made available to carry out this part for each fiscal year to provide grants, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emissions in terms of—
(1) pollution produced; and
(2) diesel emissions exposure, particularly from fleets operating in areas designated by the Administrator as poor air quality areas.
**(b) Distribution**
(1) **In general** — The Administrator shall distribute funds made available for a fiscal year under this part in accordance with this section.
(2) **Engine configurations and technologies**
(A) *Certified engine configurations and verified technologies* — The Administrator shall provide not less than 95 percent of funds available for a fiscal year under this section to eligible entities for projects using—
(i) a certified engine configuration; or
(ii) a verified technology.
(B) *Emerging technologies*
(i) *In general* — The Administrator shall provide not more than 5 percent of funds available for a fiscal year under this section to eligible entities for the development and commercialization of emerging technologies.
(ii) *Application and test plan* — To receive funds under clause (i), a manufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Resources Board a test plan for the emerging technology, together with a verification application.
**(c) Applications**
(1) **Expedited process**
(A) *In general* — The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds.
(B) *Requirements* — In developing the expedited process under subparagraph (A), the Administrator—
(i) shall take into consideration the special circumstances affecting small fleet owners; and
(ii) to avoid duplicative procedures, may require applicants to include in an application under this section the results of a competitive bidding process for equipment and installation.
(2) **Eligibility**
(A) *Grants* — To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(B) *Rebates and low-cost loans* — To be eligible to receive a rebate or a low-cost loan under this section, an eligible entity shall submit an application in accordance with such guidance as the Administrator may establish—
(i) to the Administrator; or
(ii) to an entity that has entered into a contract under subsection (e).
(3) **Inclusions** — An application under this subsection shall include—
(A) a description of the air quality of the area served by the eligible entity;
(B) the quantity of air pollution produced by the diesel fleets in the area served by the eligible entity;
(C) a description of the project proposed by the eligible entity, including—
(i) any certified engine configuration, verified technology, or emerging technology to be used or funded by the eligible entity; and
(ii) the means by which the project will achieve a significant reduction in diesel emissions;
(D) an evaluation (using methodology approved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions reductions of the proposed project;
(E) an estimate of the cost of the proposed project;
(F) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity;
(G) in the case of an application relating to nonroad engines or vehicles, a description of the diesel fuel available in the areas to be served by the eligible entity, including the sulfur content of the fuel; and
(H) provisions for the monitoring and verification of the project.
(4) **Priority** — In providing a grant, rebate, or loan under this section, the Administrator shall give highest priority to proposed projects that, as determined by the Administrator—
(A) maximize public health benefits;
(B) are the most cost-effective;
(C) serve areas—
(i) with the highest population density;
(ii) that are poor air quality areas, including areas identified by the Administrator as—
(I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant;
(II) Federal Class I areas; or
(III) areas with toxic air pollutant concerns;
(iii) that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, terminals, construction sites, schools, and distribution centers; or
(iv) that use a community-based multistakeholder collaborative process to reduce toxic emissions;
(D) include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;
(E) will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; and
(F) conserve diesel fuel.
**(d) Use of funds**
(1) **In general** — An eligible entity may use a grant, rebate, or loan provided under this section to fund the costs of—
(A) a retrofit technology (including any incremental costs of a repowered or new diesel engine) that significantly reduces emissions through development and implementation of a certified engine configuration, verified technology, or emerging technology for—
(i) a bus;
(ii) a medium-duty truck or a heavy-duty truck;
(iii) a marine engine;
(iv) a locomotive; or
(v) a nonroad engine or vehicle used in—
(I) construction;
(II) handling of cargo (including at a port or airport);
(III) agriculture;
(IV) mining; or
(V) energy production; or
(B) programs or projects to reduce long-duration idling using verified technology involving a vehicle or equipment described in subparagraph (A).
(2) **Regulatory programs**
(A) *In general* — Notwithstanding paragraph (1), no grant, rebate, or loan provided, or contract entered into, under this section shall be used to fund the costs of emissions reductions that are mandated under any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.].
(B) *Mandated* — For purposes of subparagraph (A), voluntary or elective emission reduction measures shall not be considered “mandated”, regardless of whether the reductions are included in the State implementation plan of a State.
**(e) Contract programs**
(1) **Authority** — In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this part.
(2) **Eligible contractors** — The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity—
(A) to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or
(B) to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades.
**(f) Public notification** Not later than 60 days after the date of the award of a grant, rebate, or loan, the Administrator shall publish on the website of the Environmental Protection Agency—
(1) for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and
(2) for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
(2) to support development of technologies relating to stationary, portable, and micro fuel cells.
**(b) Federal leases and purchases**
(1) **In general** — Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).
(2) **Costs of leases and purchases**
(A) *In general* — The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).
(B) *Competitive costs and management structures* — In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or
(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
(3) **Exception**
(A) *In general* — If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
(B) *Consideration* — In making a determination under subparagraph (A), the Secretary shall consider—
(i) the needs of the agency; and
(ii) an evalua
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Administrator** — The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) **Certified engine configuration** — The term “certified engine configuration” means a new, rebuilt, or remanufactured engine configuration—
(A) that has been certified or verified by—
(i) the Administrator; or
(ii) the California Air Resources Board;
(B) that meets or is rebuilt or remanufactured to a more stringent set of engine emission standards, as determined by the Administrator; and
(C) in the case of a certified engine configuration involving the replacement of an existing engine or vehicle, an engine configuration that replaced an engine that was—
(i) removed from the vehicle; and
(ii) returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage.
(3) **Eligible entity** — The term “eligible entity” means—
(A) a regional, State, local, or tribal agency or port authority with jurisdiction over transportation or air quality;
(B) a nonprofit organization or institution that—
(i) represents or provides pollution reduction or educational services to persons or organizations that own or operate diesel fleets; or
(ii) has, as its principal purpose, the promotion of transportation or air quality; and
(C) any private individual or entity that—
(i) is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and
(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16132
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Federal law — U.S. Code and appendices · legal_authorities
Page 8780
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16133
number and dollar amount of rebates or loans
provided, as well as a breakdown of the tech-
nologies funded through the rebates or loans;
and
(2) for other rebates and loans, and for
grants, a description of each application for
which the grant, rebate, or loan is provided.
(Pub. L. 109–58, title VII, § 792, Aug. 8, 2005, 119
Stat. 839; Pub. L. 111–364, § 2(b), Jan. 4, 2011, 124
Stat. 4056.)
Editorial Notes
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (d)(2)(A), is
act July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to chapter 85 (§ 7401 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 7401 of this title
and Tables.
AMENDMENTS
2011—Pub. L. 111–364, § 2(b)(1), inserted ‘‘, rebate,’’
after ‘‘grant’’ in section catchline.
Subsec. (a). Pub. L. 111–364, § 2(b)(2)(A), substituted
‘‘to provide grants, rebates, or low-cost revolving loans,
as determined by the Administrator, on a competitive
basis, to eligible entities, including through contracts
entered into under subsection (e) of this section,’’ for
‘‘to provide grants and low-cost revolving loans, as de-
termined by the Administrator, on a competitive basis,
to eligible entities’’ in introductory provisions.
Subsec. (a)(1). Pub. L. 111–364, § 2(b)(2)(B), struck out
‘‘tons of’’ before ‘‘pollution produced’’.
Subsec. (b)(2). Pub. L. 111–364, § 2(b)(3)(A), (B), redesig-
nated par. (3) as (2) and struck out former par. (2). Prior
to amendment, text read as follows: ‘‘The Adminis-
trator shall provide not less than 50 percent of funds
available for a fiscal year under this section to eligible
entities for the benefit of public fleets.’’
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16133
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 7160
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7401
Sec.
PART C—CLEAN FUEL VEHICLES
7581.
Definitions.
7582.
Requirements applicable to clean-fuel vehi-
cles.
7583.
Standards for light-duty clean-fuel vehicles.
7584.
Administration and enforcement as per Cali-
fornia standards.
7585.
Standards for heavy-duty clean-fuel vehicles
(GVWR above 8,500 up to 26,000 lbs.).
7586.
Centrally fueled fleets.
7587.
Vehicle conversions.
7588.
Federal agency fleets.
7589.
California pilot test program.
7590.
General provisions.
SUBCHAPTER III—GENERAL PROVISIONS
7601.
Administration.
7602.
Definitions.
7603.
Emergency powers.
7604.
Citizen suits.
7605.
Representation in litigation.
7606.
Federal procurement.
7607.
Administrative proceedings and judicial re-
view.
7608.
Mandatory licensing.
7609.
Policy review.
7610.
Other authority.
7611.
Records and audit.
7612.
Economic impact analyses.
7613.
Repealed.
7614.
Labor standards.
7615.
Separability.
7616.
Sewage treatment grants.
7617.
Economic impact assessment.
7618.
Repealed.
7619.
Air quality monitoring.
7620.
Standardized air quality modeling.
7621.
Employment effects.
7622.
Employee protection.
7623.
Repealed.
7624.
Cost of vapor recovery equipment.
7625.
Vapor recovery for small business marketers
of petroleum products.
7625–1.
Exemptions for certain territories.
7625a.
Statutory construction.
7626.
Authorization of appropriations.
7627.
Air pollution from Outer Continental Shelf
activities.
7628.
Demonstration grant program for local gov-
ernments.
SUBCHAPTER IV—NOISE POLLUTION
7641.
Noise abatement.
7642.
Authorization of appropriations.
SUBCHAPTER IV–A—ACID DEPOSITION CONTROL
7651.
Findings and purposes.
7651a.
Definitions.
7651b.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7401
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