If a project includes the following ineligible activities, that portion of the proposal will be ineligible for funding and may render the entire proposal ineligible for funding.

1. Restriction for Mandated Measures: Pursuant to Section 792(d)(2) of the EPAct of 2005, no funds awarded shall be used to fund the costs of emissions reductions that are mandated under Federal, State, Tribal or local law. The restriction applies when the mandate takes effect (the effective date) for any affected vehicles, engines or equipment. If the project takes place in an affected area, or includes affected vehicles, engines or equipment, the Applicant must clearly demonstrate that emission reductions funded with EPA funds:

a. will be implemented prior to the effective date of the mandate; and/or

b. are in excess of (above and beyond) those required by the applicable mandate. If applicable, emission reduction benefits shall only be calculated for the period preceding the effective date or compliance deadline.

2. No funds awarded shall be used for matching funds for other federal grants, lobbying, or intervention in Federal regulatory or adjudicatory proceedings, and cannot be used to sue the Federal government or any other government entity.

3. No funds awarded shall be used for retrofit technologies on EPA's or CARB's, “Formerly Verified Technologies” lists: www.epa.gov/otaq/retrofit/deletedlist.htm , www.arb.ca.gov/diesel/verdev/verdev.htm.

4. No funds awarded shall be used for emissions testing and/or air monitoring activities (including the acquisition cost of emissions testing equipment), or research and development.

5. No funds awarded shall be used for fueling infrastructure, such as that used for the production and/or distribution of biodiesel, compressed natural gas, liquefied natural gas, and or other cleaner fuels.

6. In the case of an engine upgrade with a “kit” applied at the time of rebuild, no funds awarded shall be used for the entire cost of the engine rebuild, but only for the incremental cost of the upgrade “kit” and associated labor costs for installation.

7. Low rolling resistance tires may be used with lower-weight aluminum wheels to further improve fuel savings; however no funds awarded shall be used for the purchase of aluminum wheels.

8. No funds awarded shall be used for the purchase of low rolling resistance tires or advanced aerodynamic technologies if similar technologies have already been installed on the truck or if the truck is equipped with NOx exhaust controls, such as Selective Catalytic Reduction (SCR).