June 17, 2008 - Issue: Vol. 154, No. 100 — Daily Edition110th Congress (2007 - 2008) - 2nd Session
AUTHORIZING THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO ACCEPT SUPPLEMENTAL ENVIRONMENTAL PROJECTS
(Senate - June 17, 2008)
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[Pages S5704-S5705] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] AUTHORIZING THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO ACCEPT SUPPLEMENTAL ENVIRONMENTAL PROJECTS Mr. LEAHY. Mr. President, I ask the Chair to lay before the Senate a message from the House of Representatives on S. 2146. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: S. 2146 Resolved, That the bill from the Senate (S. 2146) entitled ``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'', do pass with the following amendment: Strike out all after the enacting clause and insert: 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: ``(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 [[Page S5705]] percent'' and inserting ``1.96 percent'' in each place such terms appear. Mr. LEAHY. Mr. President, I ask unanimous consent that the Senate concur in the House amendment, and the motion to reconsider be laid upon the table, with no intervening action or debate. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________