§16091a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a competitive EPA grant program to help replace old school buses, add verified emissions-control equipment, or buy alternative fuel for certain buses. Key terms: "Administrator" means the EPA head; "Secretary" means the Energy Department head; "alternative fuel" includes liquefied or compressed natural gas, liquefied petroleum gas, hydrogen, propane, methanol or ethanol at 85% or more, and biodiesel meeting ASTM standards as of August 10, 2005; "clean school bus" is a bus over 14,000 pounds with a heavy-duty engine that runs only on an alternative fuel or ultra-low sulfur diesel; "ultra-low sulfur diesel fuel" has no more than 15 parts per million sulfur; "eligible recipient" covers local or State school bus providers, contracting providers, and nonprofit school transportation groups (contractors and nonprofits must meet extra notice or approval rules); "retrofit technology" means filters or other emissions controls verified by EPA or California. Grants are competitive and must balance money for replacing buses, retrofitting buses, and buying alternative fuel. Replacement grants give priority to buses made before model year 1977. Retrofit grants give priority to buses made in or after model year 1991. Buses bought or retrofitted with grant money must stay in that fleet for at least 5 years and be kept and fueled per maker or State rules. The EPA can pay up to 100% of retrofit and installation costs. For replacements, the EPA can pay up to one-half of costs for certain low-emission engines (model year 2005–2006 meeting 1.8 g/bhp-hr NMHC+NOx and 0.01 g/bhp-hr PM, or model year 2007–2009 meeting rules set for 2010) and up to one-fourth for buses meeting slightly higher emissions limits (2005–2006 at 2.5 g/bhp-hr NMHC+NOx and 0.01 g/bhp-hr PM, or 2007 and later meeting EPA rules). Applicants buying model year 2005–2006 ultra-low sulfur diesel buses must show that fuel (≤15 ppm) is available and promise to use it. The program aims for nationwide use and limits any one State to no more than 10% of funds in a fiscal year. The EPA must send Congress an annual report by January 31 listing application totals, types of buses requested, grants made and selection criteria, certified and in-use emissions for buses, and other relevant information. The EPA had to start an outreach program within 90 days after August 10, 2005, working with national school bus groups to explain the grants, technologies, and benefits. Funding authorized: $55,000,000 for each of fiscal years 2006 and 2007, and whatever sums are needed for fiscal years 2008, 2009, and 2010.

Title 42, §16091a

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

(a)In this section, the following definitions apply:

(1)The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2)The term “alternative fuel” means—

(A)liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, or propane;

(B)methanol or ethanol at no less than 85 percent by volume; or

(C)biodiesel conforming with standards published by the American Society for Testing and Materials as of August 10, 2005.

(3)The term “clean school bus” means a school bus with a gross vehicle weight of greater than 14,000 pounds that—

(A)is powered by a heavy duty engine; and

(B)is operated solely on an alternative fuel or ultra-low sulfur diesel fuel.

(4)(A)Subject to subparagraph (B), the term “eligible recipient” means—

(i)one or more local or State governmental entities responsible for providing school bus service to one or more public school systems or the purchase of school buses;

(ii)one or more contracting entities that provide school bus service to one or more public school systems; or

(iii)a nonprofit school transportation association.

(B)In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section.

(5)The term “retrofit technology” means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on an existing school bus.

(6)The term “Secretary” means the Secretary of Energy.

(7)The term “ultra-low sulfur diesel fuel” means diesel fuel that contains sulfur at not more than 15 parts per million.

(b)(1)(A)The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase.

(B)In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve 11 So in original. The word “achieve” probably should not appear. an appropriate balance between awarding grants—

(i)to replace school buses;

(ii)to install retrofit technologies; and

(iii)to purchase and use alternative fuel.

(2)(A)In the case of grant applications to replace school buses, the Administrator shall give priority to applicants that propose to replace school buses manufactured before model year 1977.

(B)In the case of grant applications to retrofit school buses, the Administrator shall give priority to applicants that propose to retrofit school buses manufactured in or after model year 1991.

(3)(A)All school buses acquired or retrofitted with funds provided under this section shall be operated as part of the school bus fleet for which the grant was made for not less than 5 years.

(B)New school buses and retrofit technology shall be maintained, operated, and fueled according to manufacturer recommendations or State requirements.

(4)The Administrator may award grants under this section for up to 100 percent of the retrofit technologies and installation costs.

(5)(A)The Administrator may award grants under this section for replacement of school buses in the amount of up to one-half of the acquisition costs (including fueling infrastructure) for—

(i)clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than—

(I)1.8 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and

(II).01 grams per brake horsepower-hour of particulate matter; or

(ii)clean school buses with engines manufactured in model year 2007, 2008, or 2009 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in model year 2010.

(B)The Administrator may award grants under this section for replacement of school buses in the amount of up to one-fourth of the acquisition costs (including fueling infrastructure) for—

(i)clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than—

(I)2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and

(II).01 grams per brake horsepower-hour of particulate matter; or

(ii)clean school buses with engines manufactured in model year 2007 or thereafter that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter from school buses manufactured in that model year.

(6)(A)In the case of a grant recipient receiving a grant for the acquisition of ultra-low sulfur diesel fuel school buses with engines manufactured in model year 2005 or 2006, the grant recipient shall provide, to the satisfaction of the Administrator—

(i)documentation that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant; and

(ii)a commitment by the applicant to use that fuel in carrying out the purposes of the grant.

(7)The Administrator, to the maximum extent practicable, shall—

(A)achieve nationwide deployment of clean school buses through the program under this section; and

(B)ensure a broad geographic distribution of grant awards, with no State receiving more than 10 percent of the grant funding made available under this section during a fiscal year.

(8)(A)Not later than January 31 of each year, the Administrator shall submit to Congress a report that—

(i)evaluates the implementation of this section; and

(ii)describes—

(I)the total number of grant applications received;

(II)the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications;

(III)grants awarded and the criteria used to select the grant recipients;

(IV)certified engine emission levels of all buses purchased or retrofitted under this section;

(V)an evaluation of the in-use emission level of buses purchased or retrofitted under this section; and

(VI)any other information the Administrator considers appropriate.

(c)(1)Not later than 90 days after August 10, 2005, the Administrator shall develop an education outreach program to promote and explain the grant program.

(2)The outreach program shall be designed and conducted in conjunction with national school bus transportation associations and other stakeholders.

(3)The outreach program shall—

(A)inform potential grant recipients on the process of applying for grants;

(B)describe the available technologies and the benefits of the technologies;

(C)explain the benefits of participating in the grant program; and

(D)include, as appropriate, information from the annual report required under subsection (b)(8).

(d)There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended—

(1)$55,000,000 for each of fiscal years 2006 and 2007; and

(2)such sums as are necessary for each of fiscal years 2008, 2009, and 2010.

Editorial Notes

Codification Section was enacted as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or the SAFETEA–LU, and not as part of the Energy Policy Act of 2005 which comprises this chapter.

§16091a Clean School Bus Program

Summary

Title 42, §16091a

Notes & Related Subsidiaries

Editorial Notes

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