PUBLIC LAW 110–255—JUNE 30, 2008 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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: 

Certification. 

42 USC 16139. 

42 USC 16138. 

June 30, 2008 

[S. 2146] 


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122 STAT. 2424 PUBLIC LAW 110–255—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. 

Æ 

‘‘(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. 


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