Title 42 — The Public Health and WelfareRelease 119-73not60
§16138 Epa Authority to Accept Diesel Emissions Reduction Supplemental Environmental Projects
Title 42 › Chapter 149— NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter VII— VEHICLES AND FUELS › Part F— Diesel Emissions Reduction › § 16138
Summary
The EPA may accept diesel-emission-reduction projects as part of settling alleged environmental violations, even if sections 3302 and 1301 of title 31 would normally bar that. Projects must protect health or the environment, relate to the violations, not duplicate the defendant’s legal duties, and not pay EPA staff or contractors.
Full Legal Text
Title 42, §16138
The Public Health and Welfare — Source: USLM XML via OLRC
The Administrator of the Environmental Protection Agency (hereinafter, the “Agency”) may accept (notwithstanding section 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—
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.
Reference
Citations & Metadata
Citation
42 U.S.C. § 16138
Title 42 — The Public Health and Welfare
Last Updated
Apr 5, 2026
Release point: 119-73not60