Diesel Emissions Reduction Act of 2010
PL 111-364 (H.R.5809), enacted 01/04/2011

124 STAT. 4056 
PUBLIC LAW 111–364—JAN. 4, 2011 
Public Law 111–364 
111th Congress 
An Act 
To amend the Energy Policy Act of 2005 to reauthorize and modify provisions 
relating to the diesel emissions reduction program. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Diesel Emissions Reduction 
Act of 2010’’. 
SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. 
(a) DEFINITIONS.—Section 791 of the Energy Policy Act of 2005 
(42 U.S.C. 16131) is amended— 
(1) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) any private individual or entity that— 
‘‘(i) is the owner of record of a diesel vehicle or 
fleet operated pursuant to a contract, license, or lease 
with a Federal department or agency or an entity 
described in subparagraph (A); and 
‘‘(ii) meets such timely and appropriate require-
ments as the Administrator may establish for vehicle 
use and for notice to and approval by the Federal 
department or agency or entity described in subpara-
graph (A) with respect to which the owner has entered 
into a contract, license, or lease as described in clause 
(i).’’; 
(2) in paragraph (4), by inserting ‘‘currently, or has not 
been previously,’’ after ‘‘that is not’’; 
(3) by striking paragraph (9); 
(4) by redesignating paragraph (8) as paragraph (9); 
(5) in paragraph (9) (as so redesignated), in the matter 
preceding subparagraph (A), by striking ‘‘, advanced truckstop 
electrification system,’’; and 
(6) by inserting after paragraph (7) the following: 
‘‘(8) STATE.—The term ‘State’ means the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, the United States Virgin Islands, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.’’. 
(b) NATIONAL GRANT, REBATE, AND LOAN PROGRAMS.—Section 
792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended— 
Diesel Emissions 
Reduction Act 
of 2010. 
42 USC 15801 
note. 
Jan. 4, 2011 
[H.R. 5809] 
VerDate Mar 15 2010 
08:34 Dec 07, 2012
Jkt 089194
PO 00004
Frm 00602
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT4\89194PT4.001
89194PT4
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 4057 
PUBLIC LAW 111–364—JAN. 4, 2011 
(1) in the section heading, by inserting ‘‘, REBATE,’’ after 
‘‘GRANT’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘to provide grants and low-cost revolving loans, as deter-
mined by the Administrator, on a competitive basis, to 
eligible entities’’ and inserting ‘‘to provide grants, rebates, 
or low-cost revolving loans, as determined by the Adminis-
trator, on a competitive basis, to eligible entities, including 
through contracts entered into under subsection (e) of this 
section,’’; and 
(B) in paragraph (1), by striking ‘‘tons of’’; 
(3) in subsection (b)— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (2); 
and 
(C) in paragraph (2) (as so redesignated)— 
(i) in subparagraph (A), in the matter preceding 
clause (i), by striking ‘‘90’’ and inserting ‘‘95’’; 
(ii) in subparagraph (B)(i), by striking ‘‘10 percent’’ 
and inserting ‘‘5 percent’’; and 
(iii) in subparagraph (B)(ii), by striking ‘‘the 
application under subsection (c)’’ and inserting ‘‘a 
verification application’’; 
(4) in subsection (c)— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; 
(B) by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) EXPEDITED PROCESS.— 
‘‘(A) IN GENERAL.—The Administrator shall develop a 
simplified application process for all applicants under this 
section to expedite the provision of funds. 
‘‘(B) REQUIREMENTS.—In developing the expedited 
process under subparagraph (A), the Administrator— 
‘‘(i) shall take into consideration the special cir-
cumstances affecting small fleet owners; and 
‘‘(ii) to avoid duplicative procedures, may require 
applicants to include in an application under this sec-
tion the results of a competitive bidding process for 
equipment and installation. 
‘‘(2) ELIGIBILITY.— 
‘‘(A) GRANTS.—To be eligible to receive a grant under 
this section, an eligible entity shall submit to the Adminis-
trator an application at such time, in such manner, and 
containing such information as the Administrator may 
require. 
‘‘(B) REBATES
AND
LOW-COST
LOANS.—To be eligible 
to receive a rebate or a low-cost loan under this section, 
an eligible entity shall submit an application in accordance 
with such guidance as the Administrator may establish— 
‘‘(i) to the Administrator; or 
‘‘(ii) to an entity that has entered into a contract 
under subsection (e).’’; 
(C) in paragraph (3)(G) (as redesignated by subpara-
graph (A)), by inserting ‘‘in the case of an application 
VerDate Mar 15 2010 
08:34 Dec 07, 2012
Jkt 089194
PO 00004
Frm 00603
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT4\89194PT4.001
89194PT4
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 4058 
PUBLIC LAW 111–364—JAN. 4, 2011 
relating to nonroad engines or vehicles,’’ before ‘‘a descrip-
tion of the diesel’’; and 
(D) in paragraph (4) (as redesignated by subparagraph 
(A))— 
(i) in the matter preceding subparagraph (A)— 
(I) by inserting ‘‘, rebate,’’ after ‘‘grant’’; and 
(II) by inserting ‘‘highest’’ after ‘‘shall give’’; 
(ii) in subparagraph (C)(iii)— 
(I) by striking ‘‘a diesel fleets’’ and inserting 
‘‘diesel fleets’’; and 
(II) by inserting ‘‘construction sites, schools,’’ 
after ‘‘terminals,’’; 
(iii) in subparagraph (E), by adding ‘‘and’’ at the 
end; 
(iv) in subparagraph (F), by striking ‘‘; and’’ and 
inserting a period; and 
(v) by striking subparagraph (G); 
(5) in subsection (d)— 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by inserting ‘‘, rebate,’’ after ‘‘grant’’; and 
(B) in paragraph (2)(A)— 
(i) by striking ‘‘grant or loan provided’’ and 
inserting ‘‘grant, rebate, or loan provided, or contract 
entered into,’’; and 
(ii) by striking ‘‘Federal, State or local law’’ and 
inserting ‘‘any Federal law, except that this subpara-
graph shall not apply to a mandate in a State 
implementation plan approved by the Administrator 
under the Clean Air Act’’; and 
(6) by adding at the end the following: 
‘‘(e) CONTRACT PROGRAMS.— 
‘‘(1) AUTHORITY.—In addition to the use of contracting 
authority otherwise available to the Administrator, the 
Administrator may enter into contracts with eligible contractors 
described in paragraph (2) for the administration of programs 
for providing rebates or loans, subject to the requirements 
of this subtitle. 
‘‘(2) ELIGIBLE CONTRACTORS.—The Administrator may enter 
into a contract under this subsection with a for-profit or non-
profit entity that has the capacity— 
‘‘(A) to sell diesel vehicles or equipment to, or to 
arrange financing for, individuals or entities that own a 
diesel vehicle or fleet; or 
‘‘(B) to upgrade diesel vehicles or equipment with 
verified or Environmental Protection Agency-certified 
engines or technologies, or to arrange financing for such 
upgrades. 
‘‘(f) PUBLIC NOTIFICATION.—Not later than 60 days after the 
date of the award of a grant, rebate, or loan, the Administrator 
shall publish on the website of the Environmental Protection 
Agency— 
‘‘(1) for rebates and loans provided to the owner of a diesel 
vehicle or fleet, the total number and dollar amount of rebates 
or loans provided, as well as a breakdown of the technologies 
funded through the rebates or loans; and 
Deadline. 
Web posting. 
VerDate Mar 15 2010 
08:34 Dec 07, 2012
Jkt 089194
PO 00004
Frm 00604
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT4\89194PT4.001
89194PT4
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 4059 
PUBLIC LAW 111–364—JAN. 4, 2011 
‘‘(2) for other rebates and loans, and for grants, a descrip-
tion of each application for which the grant, rebate, or loan 
is provided.’’. 
(c) STATE GRANT, REBATE, AND LOAN PROGRAMS.—Section 793 
of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended— 
(1) in the section heading, by inserting ‘‘, REBATE,’’ after 
‘‘GRANT’’; 
(2) in subsection (a), by inserting ‘‘, rebate,’’ after ‘‘grant’’; 
(3) in subsection (b)(1), by inserting ‘‘, rebate,’’ after ‘‘grant’’; 
(4) by amending subsection (c)(2) to read as follows: 
‘‘(2) ALLOCATION.— 
‘‘(A) IN
GENERAL.—Except as provided in subpara-
graphs (B) and (C), using not more than 20 percent of 
the funds made available to carry out this subtitle for 
a fiscal year, the Administrator shall provide to each State 
qualified for an allocation for the fiscal year an allocation 
equal to 1⁄53 of the funds made available for that fiscal 
year for distribution to States under this paragraph. 
‘‘(B) CERTAIN TERRITORIES.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), Guam, the United States Virgin Islands, American 
Samoa, and the Commonwealth of the Northern Mar-
iana Islands shall collectively receive an allocation 
equal to 1⁄53 of the funds made available for that fiscal 
year for distribution to States under this subsection, 
divided equally among those 4 States. 
‘‘(ii) EXCEPTION.—If any State described in clause 
(i) does not qualify for an allocation under this para-
graph, the share of funds otherwise allocated for that 
State under clause (i) shall be reallocated pursuant 
to subparagraph (C). 
‘‘(C) REALLOCATION.—If any State does not qualify for 
an allocation under this paragraph, the share of funds 
otherwise allocated for that State under this paragraph 
shall be reallocated to each remaining qualified State in 
an amount equal to the product obtained by multiplying— 
‘‘(i) the proportion that the population of the State 
bears to the population of all States described in para-
graph (1); by 
‘‘(ii) the amount otherwise allocatable to the non-
qualifying State under this paragraph.’’; 
(5) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘, rebate,’’ after 
‘‘grant’’; 
(B) in paragraph (2), by inserting ‘‘, rebates,’’ after 
‘‘grants’’; 
(C) in paragraph (3), in the matter preceding subpara-
graph (A), by striking ‘‘grant or loan provided under this 
section may be used’’ and inserting ‘‘grant, rebate, or loan 
provided under this section shall be used’’; and 
(D) by adding at the end the following: 
‘‘(4) PRIORITY.—In providing grants, rebates, and loans 
under this section, a State shall use the priorities in section 
792(c)(4). 
‘‘(5) PUBLIC NOTIFICATION.—Not later than 60 days after 
the date of the award of a grant, rebate, or loan by a State, 
the State shall publish on the Web site of the State— 
Deadline. 
Web posting. 
VerDate Mar 15 2010 
08:34 Dec 07, 2012
Jkt 089194
PO 00004
Frm 00605
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT4\89194PT4.001
89194PT4
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 4060 
PUBLIC LAW 111–364—JAN. 4, 2011 
‘‘(A) for rebates, grants, and loans provided to the 
owner of a diesel vehicle or fleet, the total number and 
dollar amount of rebates, grants, or loans provided, as 
well as a breakdown of the technologies funded through 
the rebates, grants, or loans; and 
‘‘(B) for other rebates, grants, and loans, a description 
of each application for which the grant, rebate, or loan 
is provided.’’. 
(d) EVALUATION AND REPORT.—Section 794(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 16134(b)) is amended— 
(1) in each of paragraphs (2) through (5) by inserting ‘‘, 
rebate,’’ after ‘‘grant’’ each place it appears; 
(2) in paragraph (5), by striking ‘‘and’’ at the end; 
(3) in paragraph (6), by striking the period at the end 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(7) in the last report sent to Congress before January 
1, 2016, an analysis of the need to continue the program, 
including an assessment of the size of the vehicle and engine 
fleet that could provide benefits from being retrofit under this 
program and a description of the number and types of applica-
tions that were not granted in the preceding year.’’. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—Section 797 of the 
Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read 
as follows: 
‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There is authorized to be appropriated to 
carry out this subtitle $100,000,000 for each of fiscal years 2012 
through 2016, to remain available until expended. 
‘‘(b) MANAGEMENT AND OVERSIGHT.—The Administrator may 
use not more than 1 percent of the amounts made available under 
subsection (a) for each fiscal year for management and oversight 
purposes.’’. 
SEC. 3. AUDIT. 
(a) IN GENERAL.—Not later than 360 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall carry out an audit to identify— 
(1) all Federal mobile source clean air grant, rebate, or 
low cost revolving loan programs under the authority of the 
Administrator of the Environmental Protection Agency, the Sec-
retary of Transportation, or other relevant Federal agency 
heads that are designed to address diesel emissions from, or 
reduce diesel fuel usage by, diesel engines and vehicles; and 
(2) whether, and to what extent, duplication or overlap 
among, or gaps between, these Federal mobile source clean 
air programs exists. 
(b) REPORT.—The Comptroller General of the United States 
shall— 
(1) submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Energy and Com-
merce of the House of Representatives a copy of the audit 
under subsection (a); and 
(2) make a copy of the audit under subsection (a) available 
on a publicly accessible Internet site. 
Web posting. 
VerDate Mar 15 2010 
08:34 Dec 07, 2012
Jkt 089194
PO 00004
Frm 00606
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2010\PT4\89194PT4.001
89194PT4
dkrause on DSKHT7XVN1PROD with $$_JOB
124 STAT. 4061 
PUBLIC LAW 111–364—JAN. 4, 2011 
LEGISLATIVE HISTORY—H.R. 5809: 
HOUSE REPORTS: No. 111–618, Pt. 1 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Sept. 22, considered and passed House. 
Dec. 16, considered and passed Senate, amended. 
Dec. 21, House concurred in Senate amendments. 
(c) OFFSET.—All unobligated amounts provided to carry out 
the pilot program under title I of division G of the Omnibus Appro-
priations Act, 2009 (Public Law 111–8; 123 Stat. 814) under the 
heading ‘‘MISCELLANEOUS ITEMS’’ are rescinded. 
SEC. 4. EFFECTIVE DATE. 
(a) GENERAL RULE.—Except as provided in subsection (b), the 
amendments made by section 2 shall take effect on October 1, 
2011. 
(b) EXCEPTION.—The amendments made by subsections (a)(4) 
and (6) and (c)(4) of section 2 shall take effect on the date of 
enactment of this Act. 
Approved January 4, 2011. 
42 USC 16131 
note. 
VerDate Mar 15 2010 
08:34 Dec 07, 2012
Jkt 089194
PO 00004
Frm 00607
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2010\PT4\89194PT4.001
89194PT4
dkrause on DSKHT7XVN1PROD with $$_JOB