A bill 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.
PL 110-255 (S.2146), enacted 06/30/2008

122 STAT. 2423 
PUBLIC LAW 110–255—JUNE 30, 2008 
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 REDUC-
TION 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 emis-
sion 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. 
‘‘(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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