Title 42 — The Public Health and Welfare
Part F · Chapter 149 — National Energy Policy and Programs
§ 16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects
Statutory text
The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—
protect human health or the environment;
are related to the underlying alleged violations;
do not constitute activities that the defendant would otherwise be legally required to perform; and
do not provide funds for the staff of the Agency or for contractors to carry out the Agency’s internal operations.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 110–255 § 1 · 122 Stat. 2423
Enacted · 42 U.S.C. § 16138
(Pub. L. 110–255, § 1, June 30, 2008, 122 Stat. 2423.)
Source evidence
Code source credit
(Pub. L. 110–255, § 1, June 30, 2008, 122 Stat. 2423.)Enacted provision · exact public law section
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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.