42 U.S.C. § 16132 — National grant, rebate, and loan pro-

Page 8778 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16132 (8) State The term ‘‘State’’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Vir- gin Islands, American Samoa, and the Com- monwealth of the Northern Mariana Islands. (9) Verified technology The term ‘‘verified technology’’ means a pol- lution control technology, including a retrofit technology or auxiliary power unit, that has been verified by— (A) the Administrator; or (B) the California Air Resources Board. (Pub. L. 109–58, title VII, § 791, Aug. 8, 2005, 119 Stat. 838; Pub. L. 110–255, § 3(a), June 30, 2008, 122 Stat. 2423; Pub. L. 111–364, § 2(a), Jan. 4, 2011, 124 Stat. 4056.) Editorial Notes AMENDMENTS 2011—Par. (3)(C). Pub. L. 111–364, § 2(a)(1), added sub- par. (C). Par. (4). Pub. L. 111–364, § 2(a)(2), inserted ‘‘currently, or has not been previously,’’ after ‘‘that is not’’. Par. (8). Pub. L. 111–364, § 2(a)(6), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 111–364, § 2(a)(5), struck out ‘‘, advanced truckstop electrification system,’’ after ‘‘retrofit technology’’ in introductory provisions. Pub. L. 111–364, § 2(a)(4), redesignated par. (8) as (9). Former par. (9) struck out. Pub. L. 111–364, § 2(a)(3), struck out par. (9) which de- fined ‘‘State’’ to include the District of Columbia. 2008—Par. (9). Pub. L. 110–255 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–364, § 4, Jan. 4, 2011, 124 Stat. 4061, provided that: ‘‘(a) GENERAL RULE.—Except as provided in sub- section (b), the amendments made by section 2 [amend- ing this section and sections 16132 to 16134 and 16137 of this title] shall take effect on October 1, 2011. ‘‘(b) EXCEPTION.—The amendments made by sub- sections (a)(4) and (6) and (c)(4) of section 2 [amending this section and section 16133 of this title] shall take ef- fect on the date of enactment of this Act [Jan. 4, 2011].’’ § 16132. National grant, rebate, and loan pro- grams (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 eligi- ble entities, including through contracts entered into under subsection (e) of this section, to achieve significant reductions in diesel emis- sions 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 commer- cialization of emerging technologies. (ii) Application and test plan To receive funds under clause (i), a man- ufacturer, in consultation with an eligible entity, shall submit for verification to the Administrator or the California Air Re- sources 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 sim- plified 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 spe- cial circumstances affecting small fleet owners; and (ii) to avoid duplicative procedures, may require applicants to include in an applica- tion 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 re- quire. (B) Rebates and low-cost loans To be eligible to receive a rebate or a low- cost loan under this section, an eligible enti- ty 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; Page 8779 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16132 (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 tech- nology 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 ap- proved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions re- ductions 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, in- cluding areas identified by the Adminis- trator as— (I) in nonattainment or maintenance of national ambient air quality stand- ards for a criteria pollutant; (II) Federal Class I areas; or (III) areas with toxic air pollutant con- cerns; (iii) that receive a disproportionate quantity of air pollution from diesel fleets, including truckstops, ports, rail yards, ter- minals, construction sites, schools, and distribution centers; or (iv) that use a community-based multi- stakeholder collaborative process to re- duce toxic emissions; (D) include a certified engine configura- tion, verified technology, or emerging tech- nology that has a long expected useful life; (E) will maximize the useful life of any certified engine configuration, verified tech- nology, 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 in- cremental 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-du- ration idling using verified technology in- volving 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 ap- proved by the Administrator under the Clean Air Act [42 U.S.C. 7401 et seq.]. (B) Mandated For purposes of subparagraph (A), vol- untary or elective emission reduction meas- ures shall not be considered ‘‘mandated’’, re- gardless of whether the reductions are in- cluded in the State implementation plan of a State. (e) Contract programs (1) Authority In addition to the use of contracting author- ity otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in para- graph (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 con- tract 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 Adminis- trator shall publish on the website of the Envi- ronmental Protection Agency— (1) for rebates and loans provided to the owner of a diesel vehicle or fleet, the total 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.’’ Subsec. (b)(2)(A). Pub. L. 111–364, § 2(b)(3)(C)(i), sub- stituted ‘‘95’’ for ‘‘90’’ in introductory provisions. Subsec. (b)(2)(B)(i). Pub. L. 111–364, § 2(b)(3)(C)(ii), sub- stituted ‘‘5 percent’’ for ‘‘10 percent’’. Subsec. (b)(2)(B)(ii). Pub. L. 111–364, § 2(b)(3)(C)(iii), substituted ‘‘a verification application’’ for ‘‘the appli- cation under subsection (c)’’. Subsec. (b)(3). Pub. L. 111–364, § 2(b)(3)(B), redesig- nated par. (3) as (2). Subsec. (c). Pub. L. 111–364, § 2(b)(4)(A), (B), added pars. (1) and (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: ‘‘To receive a grant or loan under this section, an eligi- ble entity shall submit to the Administrator an appli- cation at a time, in a manner, and including such infor- mation as the Administrator may require.’’ Subsec. (c)(3)(G). Pub. L. 111–364, § 2(b)(4)(C), inserted ‘‘in the case of an application relating to nonroad en- gines or vehicles,’’ before ‘‘a description of the diesel’’. Subsec. (c)(4). Pub. L. 111–364, § 2(b)(4)(D)(i), inserted ‘‘, rebate,’’ after ‘‘grant’’ and ‘‘highest’’ before ‘‘pri- ority’’ in introductory provisions. Subsec. (c)(4)(C)(iii). Pub. L. 111–364, § 2(b)(4)(D)(ii), substituted ‘‘diesel fleets’’ for ‘‘a diesel fleets’’ and in- serted ‘‘construction sites, schools,’’ after ‘‘termi- nals,’’. Subsec. (c)(4)(E) to (G). Pub. L. 111–364, § 2(b)(4)(D)(iii)–(v), inserted ‘‘and’’ at end of subpar. (E), substituted a period for ‘‘; and’’ in subpar. (F), and struck out subpar. (G) which read as follows: ‘‘use die- sel fuel with a sulfur content of less than or equal to 15 parts per million, as the Administrator determines to be appropriate.’’ Subsec. (d)(1). Pub. L. 111–364, § 2(b)(5)(A), inserted ‘‘, rebate,’’ after ‘‘grant’’ in introductory provisions. Subsec. (d)(2)(A). Pub. L. 111–364, § 2(b)(5)(B), sub- stituted ‘‘grant, rebate, or loan provided, or contract entered into,’’ for ‘‘grant or loan provided’’ and ‘‘any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan ap- proved by the Administrator under the Clean Air Act’’ for ‘‘Federal, State or local law’’. Subsecs. (e), (f). Pub. L. 111–364, § 2(b)(6), added sub- secs. (e) and (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–364 effective Oct. 1, 2011, except as otherwise provided, see section 4 of Pub. L. 111–364, set out as a note under section 16131 of this title. § 16133. State grant, rebate, and loan programs (a) In general Subject to the availability of adequate appro- priations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this part to support grant, rebate, and loan programs administered by States that are designed to achieve significant reductions in diesel emissions. (b) Applications The Administrator shall— (1) provide to States guidance for use in ap- plying for grant, rebate, or loan funds under this section, including information regard- ing— (A) the process and forms for applications; (B) permissible uses of funds received; and (C) the cost-effectiveness of various emis- sion reduction technologies eligible to be carried out using funds provided under this section; and (2) establish, for applications described in paragraph (1)— (A) an annual deadline for submission of the applications; (B) a process by which the Administrator shall approve or disapprove each application; and (C) a streamlined process by which a State may renew an application described in para- graph (1) for subsequent fiscal years. (c) Allocation of funds (1) In general For each fiscal year, the Administrator shall allocate among States for which applications are approved by the Administrator under sub- section (b)(2)(B) funds made available to carry out this section for the fiscal year. (2) Allocation (A) In general Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this part for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to 1⁄53 of the funds made available for that fiscal year for distribution to States under this paragraph. (B) Certain territories (i) In general Except as provided in clause (ii), Guam, the United States Virgin Islands, Amer-