[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 2424]]
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):
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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.