[110th Congress Public Law 255]
[From the U.S. Government Printing Office]


[DOCID: f:publ255.110]

[[Page 122 STAT. 2423]]

Public Law 110-255
110th Congress

                                 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. <<NOTE: June 30, 
                          2008 -  [S. 2146]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 42 USC 16138.>> 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. <<NOTE: 42 USC 16139.>> SETTLEMENT AGREEMENT PROVISIONS.

    In <<NOTE: Certification.>> 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:

[[Page 122 STAT. 2424]]

            ``(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.

    Approved June 30, 2008.

LEGISLATIVE HISTORY--S. 2146 (H.R. 3754):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-705 accompanying H.R. 3754 (Comm. on Energy and 
Commerce).
SENATE REPORTS: No. 110-266 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Feb. 29, considered and passed Senate.
            June 11, 12, considered and passed House, amended.
            June 17, Senate concurred in House amendment.

                                  <all>