12 2 STA T . 2 4 2 3PUBLIC LA W 11 0– 2 5 5 —J U NE 30 , 200 8PublicLaw1 1 0–25 5 110 thCongres s A n Act Toauth o rize the Adm i n i s trator o f the E n v ironmenta lP rote c tion A g enc y to acce p t , as part of a settlement, diesel emission reduction S upplemental Environmental Pro j ects, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. E PA A U T H O R IT Y TO ACCEPT D IESE L E M ISSIONS REDUC - TION SUPPLEMENTAL EN V IRONMENTAL PRO J ECTS. TheAdmin i stra t o ro f the E n v ironmenta lP rote c tion A g enc y( hereinafter , the ‘ ‘Agency ’ ’ ) may acce p t (not w ithstanding sections 3 3 02 and 1 301 of title 31, U nited S tates C ode) diesel emissions red u ction Supplemental Environmental Pro j ects 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 b e legally re q uired 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 A G REEMENT PROVISIONS. I n 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 O F THE DISTRICT OF COLUM B IA IN CERTAIN STATE AND LOCAL GRANT PROGRAMS FOR DIESEL EMISSION REDUCTIONS. (a) I NGE NE RAL .—Section 79 1 of the Energy Policy Act of 200 5 (42 U.S.C. 1 6 131) is amended by adding at the end thereof the following
- Certif
i ca ti on.42US C 16 1 39 . 42 USC 1613 8 . Ju ne3 0, 2008 [ S. 2146 ]
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