42 U.S.C. § 16138 — EPA authority to accept diesel emissions

Page 8783 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16151 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–364 effective Oct. 1, 2011, except as otherwise provided, see section 4 of Pub. L. 111–364, set out as a note under section 16131 of this title. § 16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects The Administrator of the Environmental Pro- tection Agency (hereinafter, the ‘‘Agency’’) may accept (notwithstanding sections 3302 and 1301 of title 31) diesel emissions reduction Supple- mental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law— (1) protect human health or the environ- ment; (2) are related to the underlying alleged vio- lations; (3) do not constitute activities that the de- fendant 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. (Pub. L. 110–255, § 1, June 30, 2008, 122 Stat. 2423.) Editorial Notes CODIFICATION Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter. § 16139. Settlement agreement provisions In any settlement agreement regarding al- leged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protec- tion Agency shall require the defendant to in- clude in the settlement documents a certifi- cation under penalty of law that the defendant would have agreed to perform a comparably val- ued, alternative project other than a diesel emissions reduction Supplemental Environ- mental Project if the Administrator were pre- cluded 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 [42 U.S.C. 7401 et seq.] or any other law or create a basis for over- turning a settlement agreement entered into by the United States. (Pub. L. 110–255, § 2, June 30, 2008, 122 Stat. 2423.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. CODIFICATION Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter. SUBCHAPTER VIII—HYDROGEN § 16151. Purposes The purposes of this subchapter are— (1) to enable and promote comprehensive de- velopment, demonstration, and commer- cialization of hydrogen and fuel cell tech- nology in partnership with industry; (2) to make critical public investments in building strong links to private industry, in- stitutions of higher education, National Lab- oratories, and research institutions to expand innovation and industrial growth; (3) to build a mature hydrogen economy that creates fuel diversity in the massive transpor- tation sector of the United States; (4) to sharply decrease the dependency of the United States on imported oil, eliminate most emissions from the transportation sector, and greatly enhance our energy security; and (5) to create, strengthen, and protect a sus- tainable national energy economy. (Pub. L. 109–58, title VIII, § 802, Aug. 8, 2005, 119 Stat. 844.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of title VIII of Pub. L. 109–58, which enacted this subchapter, as the ‘‘Spark M. Matsunaga Hydrogen Act of 2005’’, see section 801 of Pub. L. 109–58, set out as a note under section 15801 of this title. FINDINGS; PURPOSE Pub. L. 117–58, div. D, title III, § 40311, Nov. 15, 2021, 135 Stat. 1005, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) hydrogen plays a critical part in the com- prehensive energy portfolio of the United States; ‘‘(2) the use of the hydrogen resources of the United States— ‘‘(A) promotes energy security and resilience; and ‘‘(B) provides economic value and environmental benefits for diverse applications across multiple sectors of the economy; and ‘‘(3) hydrogen can be produced from a variety of do- mestically available clean energy sources, includ- ing— ‘‘(A) renewable energy resources, including bio- mass; ‘‘(B) fossil fuels with carbon capture, utilization, and storage; and ‘‘(C) nuclear power. ‘‘(b) PURPOSE.—The purpose of this subtitle [subtitle B (§§ 40311–40315) of title III of div. D of Pub. L. 117–58, see Tables for classification] is to accelerate research, development, demonstration, and deployment of hydro- gen from clean energy sources by— ‘‘(1) providing a statutory definition for the term ‘clean hydrogen’; ‘‘(2) establishing a clean hydrogen strategy and roadmap for the United States; ‘‘(3) establishing a clearing house for clean hydro- gen program information at the National Energy Technology Laboratory; ‘‘(4) developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions; ‘‘(5) establishing regional clean hydrogen hubs; and ‘‘(6) authorizing appropriations to carry out the De- partment of Energy Hydrogen Program Plan, dated November 2020, developed pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.).’’ [For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction,