119 STAT. 1462
Publication.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
PUBLIC LAW 109–59—AUG. 10, 2005
‘‘(i) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or ‘‘(ii) published in the list under subsection (f)(2) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects that are— ‘‘(I) located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and ‘‘(II) funded, in whole or in part, under this title; or ‘‘(B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel retrofits.’’. (c) STATES RECEIVING MINIMUM APPORTIONMENT.—Section 149(c) of such title is amended— (1) in paragraph (1) by striking ‘‘for any project eligible under the surface transportation program under section 133.’’ and inserting the following: ‘‘for any project in the State that— ‘‘(A) would otherwise be eligible under this section as if the project were carried out in a nonattainment or maintenance area; or ‘‘(B) is eligible under the surface transportation program under section 133.’’; and (2) in paragraph (2) by striking ‘‘for any project in the State eligible under section 133.’’ and inserting the following: ‘‘for any project in the State that— ‘‘(A) would otherwise be eligible under this section as if the project were carried out in a nonattainment or maintenance area; or ‘‘(B) is eligible under the surface transportation program under section 133.’’. (d) COST-EFFECTIVE EMISSION REDUCTION GUIDANCE.—Section 149 of such title is amended by adding at the end the following: ‘‘(f) COST-EFFECTIVE EMISSION REDUCTION GUIDANCE.— ‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply: ‘‘(A) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Protection Agency. ‘‘(B) DIESEL RETROFIT.—The term ‘diesel retrofit’ means a replacement, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator. ‘‘(2) EMISSION REDUCTION GUIDANCE.—The Administrator, in consultation with the Secretary, shall publish a list of diesel retrofit technologies and supporting technical information for— ‘‘(A) diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose; ‘‘(B) diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for verification by the Administrator or the California Air Resources Board that is submitted not later that 18 months of the date of enactment of this subsection;
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