[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): --------------------------------------------------------------------------- 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.