Title 42The Public Health and WelfareRelease 119-73

§16092 Diesel truck retrofit and fleet modernization program

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER VII— - VEHICLES AND FUELS › Part Part C— - Clean School Buses › § 16092

Last updated Apr 6, 2026|Official source

Summary

The EPA Administrator, working with the Secretary, must set up a competitive grant program that gives money to public agencies to modernize diesel truck fleets and install retrofit pollution controls. Only State or local governments (or their agencies, including joint agencies) can get these grants. Grants should be spread across the country when possible and give preference to ports and big hauling operations. Priority goes to projects that cut the most pollution per project or per truck, or that use EPA- or California Air Resources Board–verified retrofit technology on trucks that will run only on ultra-low sulfur diesel after September 2006. Grants must follow rules that require replaced trucks used for demos to run on ultra-low sulfur diesel where available, be model year 1998 or older, and be used for cargo and major hauling (especially in ports). Grant money can buy retrofit tech (including taxes and fees). Recipients must pay at least 50 percent of retrofit costs from other sources. Within 90 days after August 8, 2005, the EPA must publish grant procedures, how to verify fuel is no more than 15 parts per million sulfur after September 2006, and how grants will be checked. Funding authorized: $20,000,000 for FY2006, $35,000,000 for FY2007, $45,000,000 for FY2008, and such sums as needed for FY2009 and FY2010.

Full Legal Text

Title 42, §16092

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to public agencies and entities for fleet modernization programs including installation of retrofit technologies for diesel trucks.
(b)A grant shall be awarded under this section only to a State or local government or an agency or instrumentality of a State or local government or of two or more State or local governments who will allocate funds, with preference to ports and other major hauling operations.
(c)(1)The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section.
(2)In making awards of grants under this section, the Administrator shall give preference to proposals that—
(A)will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or
(B)involve the use of Environmental Protection Agency or California Air Resources Board verified emissions control retrofit technology on diesel trucks that operate solely on ultra-low sulfur diesel fuel after September 2006.
(d)A grant shall be provided under this section on the conditions that—
(1)trucks which are replacing scrapped trucks and on which retrofit emissions-control technology are to be demonstrated—
(A)will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation;
(B)were manufactured in model year 1998 and before; and
(C)will be used for the transportation of cargo goods especially in port areas or used in goods movement and major hauling operations;
(2)grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and
(3)grant recipients will provide at least 50 percent of the total cost of the retrofit, including the purchase of emission control retrofit technology and all necessary labor for installation of the retrofit, from any source other than this section.
(e)Not later than 90 days after August 8, 2005, the Administrator shall publish in the Federal Register procedures to—
(1)make grants pursuant to this section;
(2)verify that trucks powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur after September 2006; and
(3)verify that grants are administered in accordance with this section.
(f)There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended the following sums:
(1)$20,000,000 for fiscal year 2006.
(2)$35,000,000 for fiscal year 2007.
(3)$45,000,000 for fiscal year 2008.
(4)Such sums as are necessary for each of fiscal years 2009 and 2010.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16092

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73