119 STAT. 840
PUBLIC LAW 109–58—AUG. 8, 2005 a test plan for the emerging technology, together with the application under subsection (c). (c) APPLICATIONS.— (1) IN GENERAL.—To receive a grant or loan under this section, an eligible entity shall submit to the Administrator an application at a time, in a manner, and including such information as the Administrator may require. (2) INCLUSIONS.—An application under this subsection shall include— (A) a description of the air quality of the area served by the eligible entity; (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 technology 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 approved by the Administrator or the National Academy of Sciences) of the quantifiable and unquantifiable benefits of the emissions reductions 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) 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. (3) PRIORITY.—In providing a grant or loan under this section, the Administrator shall give 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, including areas identified by the Administrator as— (I) in nonattainment or maintenance of national ambient air quality standards for a criteria pollutant; (II) Federal Class I areas; or (III) areas with toxic air pollutant concerns; (iii) that receive a disproportionate quantity of air pollution from a diesel fleets, including truckstops, ports, rail yards, terminals, and distribution centers; or (iv) that use a community-based multistakeholder collaborative process to reduce toxic emissions; (D) include a certified engine configuration, verified technology, or emerging technology that has a long expected useful life;
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