§ 16138. 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) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—
(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.