Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-21 - GRANT PROGRAMS
Rule 391-3-21-.14 - Railroad-Related Emission Reductions Program

Universal Citation: GA Rules and Regs r 391-3-21-.14

Current through Rules and Regulations filed through March 20, 2024

(1) Congestion Mitigation and Air Quality Program (CMAQ) Railroad-Related Emissions Reductions in Atlanta Program Scope and Purpose. Funds are available under the Federal Congestion Mitigation and Air Quality (CMAQ) Program for converting diesel locomotives that are located or operated in the urban core of the Atlanta PM2.5 nonattainment area.

(a) General Terms and Conditions.
1. The grant funding must be used exclusively to convert switcher locomotives operated in the Atlanta "urban core" counties, as defined in subparagraph (c) of this paragraph, that result in reductions of diesel PM2.5 and related pollutants. Projects submitted for funding must identify the locomotives for conversion and the type of conversion equipment to be used.

2. Submitted projects must conform to all applicable programmatic and administrative conditions including, without limitation, coordination with EPD personnel; submission of an initial report before the switcher is converted, a report immediately after the conversion, and then a report each six months for the first two years of operation and then once per year for the remaining period of commitment, including detailed activity and emissions data; compliance with applicable Federal procurement and subgrant procedures; certification that the equipment was properly installed and is in working condition; use of data-logging in accordance with manufacturer specifications; proper maintenance of locomotives and conversion equipment and enforcement of warranty claims against vendors if a maintenance problem arises; and use of the converted locomotives in the designated areas for a minimum of 10 years unless the locomotive becomes inoperable and is unable to be repaired or replaced with comparable equipment.

3. Projects that are awarded these funds will require a minimum 30% match. The project applicant will be responsible for the match. Grant funds will be distributed to the grantee incrementally following completion of conversion task(s) provided the match has been satisfied for the incremental distribution.

(b) Eligible Recipients of the Grant.

Owners of traditional diesel switcher locomotives operating in Clayton, Cobb, DeKalb, Fulton, or Gwinnett County are eligible for this funding assistance. Locomotives eligible for conversion include unregulated (pre-1973) or Tier 0 (1973-2001) diesel switchers that are currently in service and would have remained in service in the proposed/designated railyard for at least five years from the application date. This project must result in emission reductions that would otherwise not occur in the nonattainment area for the remaining useful life of the converted equipment (e.g., the project cannot be applied to increase a fleet size.)

(c) Criteria for the Award.

The request for proposals will be limited to convert switchers operating in Atlanta "urban core" counties, which are defined as Clayton, Cobb, DeKalb, Fulton, and Gwinnett. Highest priority will be given for those operating near the Fire Station No. 8 air quality monitor in Fulton County. Proposals must commit the converted switchers to 80% of their operating time for at least 10 years from the installation of the equipment (or to a similar schedule approved by EPD) within a designated distance of the proposed railyard (also to be approved by EPD). Funding for the selected railroads is not to exceed 70% of the conversion cost.

EPD may fund individual projects less than the requested amounts if the total amount of the proposals exceeds available funds as follows: if one proposal is received, that proposal will be funded at 100% of the available funds. If two proposals are received, the 2nd highest scoring proposal will be funded at the lower of a) the amount of the proposal or b) a percentage of the available funds determined as follows: percent of available funds awarded = 20% + (total score/4)% with the remainder awarded to the highest scoring proposal. If three or more proposals are received, the 3rd highest scoring proposal will be funded at the lower of a) the amount of the proposal or b) 10% of available funds, the 2nd highest scoring proposal will be funded at a lower of a) the amount of the proposal or b) a percentage of the available funds determined as follows: percent of available funds awarded = 15% + (total score/4)%, and the remainder awarded to the highest scoring proposal.

During any solicitation, if the amount of funding provided to individual projects is less than that project's respective proposal, EPD may specify which switcher engines are to be converted based on criteria 2 listed below, for each switcher converted. If two or more proposals are received during any solicitation, EPD may adjust the amount of funding awarded to the 2nd and, if applicable, 3rd highest scoring proposal so that the amount of funding awarded plus the amount of match money provided by the grant recipient is sufficient for the complete conversion of the number of locomotives included in the award.

Projects will be ranked on a 100-point system with the following criteria:

1. The proposed railyard location. Highest points will be given to switchers operating near the Fire Station 8 Monitor, with points decreasing with distance. - 50 points;

2. Cost effectiveness of the project based on the emission levels of the equipment to be used in the conversion, the operating cycle of the switcher to be converted, the emission levels of the engines to be replaced (Tier level or direct measurements), the estimated length of remaining service of the switcher to be replaced, the number of years (minimum 10) that the converted switcher will remain in the Atlanta urban core area, and the amount of time and average duty cycle of operation of the converted switcher. When calculating cost effectiveness, only funds to be awarded under this grant will be included. - 50 points

A commitment to a schedule and maximum time period needed for converting the switchers must be specified, not to exceed 24 months from execution of a contract for the award. Penalties and/or contingencies for not meeting the terms of the contract will be specified in the award contract in accordance with applicable requirements.

(d) Deadline For Submittal. EPD will send out the first solicitation for proposals on or before January 1, 2011. Applications will be due within eight weeks after release of the solicitation. Funding will be distributed based on the criteria for award described above. If funds remain after grants are awarded to all qualified projects from the first solicitation, additional solicitations will be issued with specific deadlines until all funds have been obligated. All applications submitted in response to any additional solicitations would be evaluated based on the criteria in subparagraphs (c)1 and 2.

(e) Directions For Submitting Proposals. Requests for copies of the general guidelines and proposal forms and submittal of applications for the CMAQ Railroad-Related Emission Reductions in Atlanta should be made to:

Georgia Environmental Protection Division

Planning and Support Program, PRDU

Attn: Dr. Michelle Bergin

4244 International Parkway, Suite 120

Atlanta, Georgia 30354

e-mail: michelle.bergin@dnr.state.ga.us

(f) Award of the CMAQ Railroad-Related Emission Reductions in Atlanta grants are subject to Federal funding provided to EPD.

(2) Congestion Mitigation and Air Quality Program (CMAQ) Railroad-Related Emissions Reductions in Macon Program Scope and Purpose. Funds are available under the Federal Congestion Mitigation and Air Quality (CMAQ) Program for converting diesel locomotives that are located or operated in the Macon Nonattainment area.

(a) General Terms and Conditions.
1. The grant funding must be used exclusively to convert switcher locomotives operated in Bibb County that result in reductions of diesel PM2.5 and related pollutants. Projects submitted for funding must identify the locomotives for conversion and the type of conversion equipment to be used.

2. Submitted projects must conform to all applicable programmatic and administrative conditions including, without limitation, coordination with EPD personnel; submission of an initial report before the switcher is converted, a report immediately after the conversion, and then a report each six months for the first two years of operation and then once per year for the remaining period of commitment, including detailed activity and emissions data; compliance with applicable Federal procurement and subgrant procedures; certification that the equipment was properly installed and is in working condition; use of data-logging in accordance with manufacturer specifications; proper maintenance of locomotives and conversion equipment and enforcement of warranty claims against vendors if a maintenance problem arises; and use of the converted locomotives in the designated areas for a minimum of 10 years unless the locomotive becomes inoperable and is unable to be repaired or replaced with comparable equipment.

3. Projects that are awarded these funds will require a minimum 30% match. The project applicant will be responsible for the match. Grant funds will be distributed to grantee incrementally following completion of conversion task(s) provided the match has been satisfied for the incremental distribution.

(b) Eligible Recipients of the Grant.

Owners of traditional diesel switcher locomotives operating in Bibb County are eligible for this funding assistance. Locomotives eligible for conversion include unregulated (pre-1973) or Tier 0 (1973-2001) diesel switchers that are currently in service and would have remained in service in the proposed/designated railyard for at least five years from the application date. This project must result in emission reductions that would otherwise not occur in the nonattainment area for the remaining useful life of the converted equipment (e.g., the project cannot be applied to increase a fleet size.)

(c) Criteria for the Award.

The request for proposals will be limited to convert switchers operating in Bibb County. Proposals must commit the converted switchers to 80% of their operating time for at least 10 years from the installation of the equipment (or to a similar schedule approved by EPD) within a designated distance of the proposed railyard (also to be approved by EPD). Funding for the selected railroads is not to exceed 70% of the conversion cost. Priority will be given to the projects with the highest cost effectiveness as follows:

Cost effectiveness of the project is to be based on the emission levels of the equipment to be used in the conversion, the operating cycle of the switcher to be converted, the emission levels of the engines to be replaced (tier level or direct measurements), the estimated length of remaining service of the switcher to be replaced, the number of years (minimum 10) that the converted switcher will remain in Bibb County, and the amount of time and average duty cycle of operation of the converted switcher. When calculating cost effectiveness, only funds to be awarded under this grant will be included.

Each project will be fully funded based on the cost effectiveness of the proposal and available funds. EPD may fund individual projects less than the requested amounts if the total amount of the proposals exceeds available funds. If the amount of funding provided to individual projects during additional solicitations is less than that project's respective proposal, EPD may specify which switcher engines are to be converted based on criteria listed in subparagraph (c), for each switcher converted.

A commitment to a schedule and maximum time period needed for converting the switchers must be specified, not to exceed 24 months from execution of a contract for the award. Penalties and/or contingencies for not meeting the terms of the contract will be specified in the award contract in accordance with applicable requirements.

(d) Deadline For Submittal. EPD will send out the first solicitation for proposals on or before January 1, 2011. Applications will be due within eight weeks after release of the solicitation. Funding will be distributed based on the criteria for award described above. If funds remain after grants are awarded to all qualified projects from the first solicitation, additional solicitations will be issued with specific deadlines until all funds have been obligated. All applications submitted in response to any additional solicitations would be evaluated based on the criteria in subparagraph (c).

(e) Directions For Submitting Proposals. Requests for copies of the general guidelines and proposal forms and submittal of applications for the CMAQ Railroad-Related Emission Reductions in Macon should be made to:

Georgia Environmental Protection Division

Planning and Support Program, PRDU

Attn: Dr. Michelle Bergin

4244 International Parkway, Suite 120

Atlanta, Georgia 30354

e-mail: michelle.bergin@dnr.state.ga.us

(f) Award of the CMAQ Railroad-Related Emission Reductions in Macon grants are subject to Federal funding provided to EPD.

(3) High Priority Projects (HPP) Railroad-Related Emissions Reductions in the Middle Georgia Region Program Scope and Purpose. Funds are available under the High Priority Projects (HPP) Program for converting diesel locomotives that are located or operated in the Middle Georgia Region.

(a) General Terms and Conditions.
1. The grant funding must be used exclusively to convert switcher locomotives operated in the Middle Georgia Region, as defined in subparagraph (c) of this paragraph, that result in reduction of diesel PM2.5 and related pollutants. Projects submitted for funding must identify the locomotives for conversion and the type of conversion equipment to be used.

2. Submitted projects must conform to all applicable programmatic and administrative conditions including, without limitation, coordination with EPD personnel; submission of an initial report before the switcher is converted, a report immediately after the conversion, and then a report each six months for the first two years of operation and then once per year for the remaining period of commitment, including detailed activity and emissions data; compliance with applicable Federal procurement and subgrant procedures; certification that the equipment was properly installed and is in working condition; use of data-logging in accordance with manufacturer specifications; proper maintenance of locomotives and conversion equipment and enforcement of warranty claims against vendors if a maintenance problem arises; and use of the converted locomotives in the designated areas for a minimum of 10 years unless the locomotive becomes inoperable and is unable to be repaired or replaced with comparable equipment.

3. Projects that are awarded these funds will require a minimum 20% match. The project applicant will be responsible for the match. Grant funds will be distributed to grantee incrementally following completion of conversion task(s) provided the match has been satisfied for the incremental distribution.

(b) Eligible Recipients of the Grant.

Owners of traditional diesel switcher locomotives operating in Bibb, Crawford, Houston, Monroe, Jones, Peach, or Twiggs County are eligible for this funding assistance. Locomotives eligible for conversion include unregulated (pre-1973) or Tier 0 (1973-2001) diesel switchers that are currently in service and would have remained in service in the proposed/designated railyard for at least five years from the application date. This project must result in emission reductions that would otherwise not occur in the nonattainment area for the remaining useful life of the converted equipment (e.g., the project cannot be applied to increase a fleet size.)

(c) Criteria for the Award.

The request for proposals will be limited to convert switchers operating in the Middle Georgia Region, which is defined as Bibb, Crawford, Houston, Monroe, Jones, Peach, and Twiggs County. Proposals must commit the converted switchers to 80% of their operating time for at least 10 years from the installation of the equipment (or to a similar schedule approved by EPD) within a designated distance of the proposed railyard (also to be approved by EPD). Funding for the selected railroads is not to exceed 80% of the conversion cost. Priority will be given to the projects with the highest cost effectiveness as follows:

Cost effectiveness of the project is to be based on the emission levels of the equipment to be used in the conversion, the operating cycle of the switcher to be converted, the emission levels of the engines to be replaced (Tier level or direct measurements), the estimated length of remaining service of the switcher to be replaced, the number of years (minimum 10) that the converted switcher will remain in the Middle Georgia Region, and the amount of time and average duty cycle of operation of the converted switcher. When calculating cost effectiveness, only funds to be awarded under this grant will be included.

Each project will be fully funded based on the cost effectiveness of the proposal and available funds. EPD may fund individual projects less than the requested amounts if the total amount of the proposals exceeds available funds. If the amount of funding provided to individual projects during additional solicitations is less than that project's respective proposal, EPD may specify which switcher engines are to be converted based on criteria listed in subparagraph (c), for each switcher converted.

A commitment to a schedule and maximum time period needed for converting the switchers must be specified, not to exceed 24 months from execution of a contract for the award. Penalties and/or contingencies for not meeting the terms of the contract will be specified in the award contract in accordance with applicable requirements.

(d) Deadline For Submittal. EPD will send out the first solicitation for proposals on or before January 1, 2011. Applications will be due within eight weeks after release of the solicitation. Funding will be distributed based on the criteria for award described above. If funds remain after grants are awarded to all qualified projects from the first solicitation, additional solicitations will be issued with specific deadlines until all funds have been obligated. All applications submitted in response to any additional solicitations would be evaluated based on the criteria in subparagraph (c).

(e) Directions For Submitting Proposals. Requests for copies of the general guidelines and proposal forms and submittal of applications for the HPP Railroad-Related Emission Reductions in the Middle Georgia Region should be made to:

Georgia Environmental Protection Division

Planning and Support Program, PRDU

Attn: Dr. Michelle Bergin

4244 International Parkway, Suite 120

Atlanta, Georgia 30354

e-mail: michelle.bergin@dnr.state.ga.us

(f) Award of the HPP Railroad-Related Emission Reductions in the Middle Georgia Region grants are subject to Federal funding provided to EPD.

(4) Congestion Mitigation and Air Quality Program (CMAQ) Railroad-Related Emissions Reductions in Floyd County Program Scope and Purpose. Funds are available under the Federal Congestion Mitigation and Air Quality (CMAQ) Program for converting or replacing diesel locomotives that are located or operated in the Floyd County nonattainment area.

(a) General Terms and Conditions.
1. The grant funding must be used exclusively to convert switcher locomotives operated in Floyd County that result in reductions of diesel PM2.5 and related pollutants. Projects submitted for funding must identify the locomotives for conversion and the type of conversion equipment to be used.

2. Submitted projects must conform to all applicable programmatic and administrative conditions including, without limitation, coordination with EPD personnel; submission of an initial report before the switcher is converted, a report immediately after the conversion, and then a report each six months for the first two years of operation and then once per year for the remaining period of commitment.
a. The two (2) reports describing activities immediately before and immediately after the conversion must include: a demonstration of compliance with applicable Federal procurement and subgrant procedures, certification that the equipment was properly installed and is in working condition, confirmation of proper maintenance of locomotives and conversion equipment, and provisions to ensure enforcement of warranty claims against vendors if a maintenance problem arises.

b. The two (2) reports covering activities immediately before and immediately after the conversion and two (2) reports covering each six months of the first year of genset operation must include detailed activity and emissions data collected through the use of data-logging or similar equipment in accordance with manufacturer specifications. EPA emission factors may be used in conjunction with measured duty cycle activity.

c. The two (2) reports covering each six month period of the second year of genset operation must indicate if there have been any changes in operating patterns or activity levels since the previous year, deviance from the agreements, or need for unexpected maintenance or repair. If any of these changes occurred the report must detail those changes.

d. All reports, beginning with the first six month report of the first year of genset operation, must confirm the use of the converted locomotives in the designated areas during the reporting period unless the locomotive became inoperable and was unable to be repaired or replaced with comparable equipment. The report must explain if there have been significant performance or unanticipated maintenance difficulties.

3. Projects that are awarded these funds will require a minimum 30% match. The project applicant will be responsible for the match. Grant funds will be distributed to the grantee incrementally following completion of conversion task(s) provided the match has been satisfied for the incremental distribution.

(b) Eligible Recipients of the Grant.

Owners of traditional diesel switcher locomotives operating in Floyd County are eligible for this funding assistance. Locomotives eligible for conversion include unregulated (pre-1973) or Tier 0 (1973-2001) diesel switchers that are currently in service and would have remained in service for at least five years from the application date. If EPD and the grantee mutually agree that switcher locomotives operating outside of Floyd County are a more environmentally beneficial candidate for conversion than the switchers operating in Floyd County, the alternative locomotives may be converted to the genset and used to replace the switchers normally operating in Floyd County. Emissions benefits will be calculated as the emission difference between the converted genset switchers and the switchers previously operating in Floyd County, rather than from the locomotives converted. This project must result in emission reductions that would otherwise not occur in the nonattainment area for the remaining useful life of the replaced equipment (e.g., the project cannot be applied to increase a fleet size).

(c) Criteria for the Award.

The request for proposals will be limited to conversion of switchers operating in Floyd County or the replacement of switchers operating in Floyd County with converted locomotives operating outside of Floyd County. Proposals must commit the converted switchers to 80% of their operating time for at least ten years from the installation of the equipment (or to a similar schedule approved by EPD) within a designated distance of the proposed railyard (also to be approved by EPD). Funding for the selected railroads is not to exceed 70% of the conversion cost. Priority will be given to the projects with the highest cost effectiveness as follows:

Cost effectiveness of the project is to be based on the emission levels of the equipment to be used in the conversion, the operating cycle and emission levels (tier level or direct measurements) of the switchers that are operating in Floyd County and are to be converted or replaced, the estimated length of remaining service of the switchers to be replaced, the number of years (minimum ten) that the converted switchers will remain in Floyd County, and the amount of time and average duty cycle of operation anticipated for the converted switchers. When calculating cost effectiveness, only funds to be awarded under this grant will be included.

Each project will be fully funded based on the cost effectiveness of the proposal and available funds. EPD may fund individual projects less than the requested amounts if the total amount of the proposals exceed available funds. If the amount of funding provided to individual projects during additional solicitations is less than that project's respective proposal, EPD may specify which switcher engines are to be converted based on criteria listed in Subparagraph (c) for each switcher converted.

A commitment to a schedule and maximum time period needed for converting the switchers must be specified, not to exceed 24 months from execution of a contract for the award. Penalties and/or contingencies for not meeting the terms of the contract will be specified in the award contract in accordance with applicable requirements.

(d) Deadline For Submittal. EPD will send out the first solicitation for proposals on or before May 1, 2011. Applications will be due within eight weeks after release of the solicitation. Funding will be distributed based on the criteria for award described above. If funds remain after grants are awarded to all qualified projects from the first solicitation, additional solicitations will be issued with specific deadlines until all funds have been obligated. All applications submitted in response to any additional solicitations would be evaluated based on the criteria in Subparagraph (c).

(e) Directions For Submitting Proposals. Requests for copies of the general guidelines and proposal forms and submittal of applications for the CMAQ Railroad-Related Emission Reductions in Floyd County should be made to:

Georgia Environmental Protection Division

Planning and Support Program, PRDU

Attn: Dr. Michelle Bergin

4244 International Parkway, Suite 120

Atlanta, Georgia 30354

e-mail: michelle.bergin@dnr.state.ga.us

(f) Award of the CMAQ Railroad-Related Emission Reductions in Floyd County grants are subject to Federal funding provided to EPD.

O.C.G.A. Sec. 12-9-6 .

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