[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[Senate]
[Page 12586]
[From the U.S. Government Publishing Office, www.gpo.gov]




AUTHORIZING THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO 
               ACCEPT SUPPLEMENTAL ENVIRONMENTAL PROJECTS

  Mr. LEAHY. Mr. President, I ask the Chair to lay before the Senate a 
message from the House of Representatives on S. 2146.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                S. 2146

         Resolved, That the bill from the Senate (S. 2146) 
     entitled ``An Act to authorize the Administrator of the 
     Environmental Protection Agency to accept, as part of a 
     settlement, diesel emission reduction Supplemental 
     Environmental Projects, and for other purposes'', do pass 
     with the following amendment:
Strike out all after the enacting clause and insert:

     SECTION 1. EPA AUTHORITY TO ACCEPT DIESEL EMISSIONS REDUCTION 
                   SUPPLEMENTAL ENVIRONMENTAL PROJECTS.

       The Administrator of the Environmental Protection Agency 
     (hereinafter, the ``Agency'') may accept (notwithstanding 
     sections 3302 and 1301 of title 31, United States Code) 
     diesel emissions reduction Supplemental Environmental 
     Projects if the projects, as part of a settlement of any 
     alleged violations of environmental law--
       (1) protect human health or the environment;
       (2) are related to the underlying alleged violations;
       (3) do not constitute activities that the defendant would 
     otherwise be legally required to perform; and
       (4) do not provide funds for the staff of the Agency or for 
     contractors to carry out the Agency's internal operations.

     SEC. 2. SETTLEMENT AGREEMENT PROVISIONS.

       In any settlement agreement regarding alleged violations of 
     environmental law in which a defendant agrees to perform a 
     diesel emissions reduction Supplemental Environmental 
     Project, the Administrator of the Environmental Protection 
     Agency shall require the defendant to include in the 
     settlement documents a certification under penalty of law 
     that the defendant would have agreed to perform a comparably 
     valued, alternative project other than a diesel emissions 
     reduction Supplemental Environmental Project if the 
     Administrator were precluded by law from accepting a diesel 
     emission reduction Supplemental Environmental Project. A 
     failure by the Administrator to include this language in such 
     a settlement agreement shall not create a cause of action 
     against the United States under the Clean Air Act or any 
     other law or create a basis for overturning a settlement 
     agreement entered into by the United States.

     SEC. 3. INCLUSION OF THE DISTRICT OF COLUMBIA IN CERTAIN 
                   STATE AND LOCAL GRANT PROGRAMS FOR DIESEL 
                   EMISSION REDUCTIONS.

       (a) In General.--Section 791 of the Energy Policy Act of 
     2005 (42 U.S.C. 16131) is amended by adding at the end 
     thereof the following:
       ``(9) Definition of state.--The term `State' includes the 
     District of Columbia.''.
       (b) Conforming Amendments.--(1) Section 793(d)(2) of such 
     Act (42 U.S.C. 16133(d)(2)) is amended by striking 
     ``Governor'' and inserting ``chief executive''.
       (2) Subparagraphs (A) and (B) of section 793(c)(2) of such 
     Act are each amended by striking ``50'' and inserting ``51'' 
     and by striking ``2 percent'' and inserting ``1.96 percent'' 
     in each place such terms appear.

  Mr. LEAHY. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment, and the motion to reconsider be laid 
upon the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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