Page:United States Statutes at Large Volume 119.djvu/859

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 841

(E) will maximize the useful life of any certified engine configuration, verified technology, or emerging technology used or funded by the eligible entity; (F) conserve diesel fuel; and (G) use diesel fuel with a sulfur content of less than or equal to 15 parts per million, as the Administrator determines to be appropriate. (d) USE OF FUNDS.— (1) IN GENERAL.—An eligible entity may use a grant 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 or loan provided under this section shall be used to fund the costs of emissions reductions that are mandated under Federal, State or local law. (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. SEC. 793. STATE GRANT AND LOAN PROGRAMS.

42 USC 16133.

(a) IN GENERAL.—Subject to the availability of adequate appropriations, the Administrator shall use 30 percent of the funds made available for a fiscal year under this subtitle to support grant 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 applying for grant or loan funds under this section, including information regarding— (A) the process and forms for applications; (B) permissible uses of funds received; and (C) the cost-effectiveness of various emission reduction technologies eligible to be carried out using funds provided under this section; and (2) establish, for applications described in paragraph (1)—

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