---
kind: "section"
citation: "42 U.S.C. § 16138"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16138"
heading: "EPA authority to accept diesel emissions reduction Supplemental Environmental Projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16138"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VII — Vehicles and Fuels"
  - "Part F — Diesel Emissions Reduction"
---

# §16138. EPA authority to accept diesel emissions reduction Supplemental Environmental Projects


The [Administrator](/usc/42/15951.md?p=b-1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (hereinafter, the “[Agency](/usc/42/8262.md?p=1)”) may accept (notwithstanding sections [3302](/usc/31/3302.md) and [1301](/usc/31/1301.md) of title 31) diesel emissions reduction Supplemental Environmental [Projects](/usc/42/16371.md?p=12) if the [projects](/usc/42/16371.md?p=12), as part of a settlement of any alleged [violations](/usc/42/2000e–16a.md?p=c) of environmental law—

- (1) protect human health or the environment;
- (2) are related to the underlying alleged [violations](/usc/42/2000e–16a.md?p=c);
- (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](/usc/42/8262.md?p=1) or for contractors to carry out the [Agency](/usc/42/8262.md?p=1)’s internal operations.

## Source credit

(Pub. L. 110–255, § 1, June 30, 2008, 122 Stat. 2423.)

## Notes

### Editorial Notes

### Codification

Section was not enacted as part of the Energy Policy Act of 2005 which comprises this chapter.