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.
Became Public Law No: 110-255.
Congressional Research Service
Official summary
Version 49 · Public Law · Jun 30, 2008
Authorizes the Administrator of the Environmental Protection Agency (EPA) to accept, as part of a settlement of any alleged violations of environmental law, diesel emissions reduction Supplemental Environmental Projects if the projects: (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 EPA's staff or for contractors to carry out EPA's internal operations.
Directs the Administrator, in any such settlement agreement, to 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. States that failure by the Administrator to include this language 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.
Amends the Energy Policy Act of 2005 to include the District of Columbia as a state for purposes of grant programs for diesel emission reductions.
Senate agreed to House amendment by Unanimous Consent. (text as Senate agreed to House amendment: CR S5704-5705)
Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(text as Senate agreed to House amendment: CR S5704-5705)
Message on House action received in Senate and at desk: House amendment to Senate bill.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 0 (Roll no. 413). (text: CR 6/11/2008 H5294)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 0 (Roll no. 413).(text: CR 6/11/2008 H5294)
Considered as unfinished business. (consideration: CR H5361-5362)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on S. 2146.
Considered under suspension of the rules. (consideration: CR H5294-5296)
Mr. Boucher moved to suspend the rules and pass the bill, as amended.
Referred to the House Committee on Energy and Commerce.
Received in the House.
Message on Senate action sent to the House.
Passed Senate without amendment by Unanimous Consent. (consideration: CR S1434; text as passed Senate: CR S1434)
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S1434; text as passed Senate: CR S1434)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 585.
Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 110-266.
Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 110-266.
Committee on Environment and Public Works. Ordered to be reported without amendment favorably.
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate
Primary sources
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Source last updated: Sep 8, 2026. Consult Congress.gov for the current record.
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