Short title

This Act may be cited as the

MARPOL Annex VI Implementation Act of 2006

References

Wherever in this Act an amendment or repeal is expressed in terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.).

Definitions

Section 2(a) (33 U.S.C. 1901(a)) is amended— (1)by redesignating the paragraphs (1) through (12) as paragraphs (2) through (13), respectively; (2)by inserting before paragraph (2), as so redesignated, the following:

(1)Administrator means the Administrator of the Environmental Protection Agency;

;

(3)in paragraph (5), as so redesignated, by striking and V and inserting V, and VI; and (4)in paragraph (6), as so redesignated, by striking discharge and garbage and harmful substance and incident and inserting discharge, emission, garbage, harmful substance, and incident.

Applicability

Section 3 (33 U.S.C. 1902) is amended— (1)in subsection (a)— (A)by striking and after the semicolon at the end of paragraph (3); (B)by striking the period at the end of paragraph (4) and inserting ; and; (C)and by adding at the end the following new paragraph:

(5)with respect to Annex VI to the Convention, and to the extent consistent with international law, to a ship, other than a ship referred to in paragraph (1), that— (A)is in a port, shipyard, offshore terminal, or the internal waters of the United States; (B)is in the territorial sea of the United States as defined in Presidential Proclamation 5928 of December 27, 1988; (C)is in an emission control area designated pursuant to section 4; or (D)is bound for, or departing a port, shipyard, offshore terminal, or the internal waters of the United States; and is in any other area that the Administrator, in consultation with the Secretary, has designated by regulation and based on the best available scientific data as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment.

;

(2)in subsection (b)(1) by inserting or (3) after paragraph (2); (3)in subsection (b) by adding at the end the following new paragraph:

(3)With respect to Annex VI to the Convention, the head of a Federal department or agency may determine that some or all of the requirements under this Act shall apply to one or more classes of public vessels operated under the authority of such department or agency.

; and

(4)in subsection (d)— (A)by inserting , or the Administrator as authorized by section 4, after Secretary; (B)by inserting (or an applicable Annex) after MARPOL Protocol the first place it appears; and (C)by inserting and Annex VI after Annex V.

Administration and enforcement

Section 4(b) (33 U.S.C. 1903(b)) is amended— (1)by redesignating paragraph (2) as paragraph (4); (2)by inserting after paragraph (1) the following new paragraphs:

(2)In prescribing regulations under this section to carry out the provisions of Annex VI to the Convention, the Secretary shall consult with the Administrator with respect to Regulations 12 and 16 of such Annex and with the Administrator and the Secretary of the Interior with respect to Regulation 19 of such Annex. (3)In addition to the authority the Secretary has to prescribe regulations under this section to carry out Annex VI to the Convention, the Administrator, in consultation with the Secretary, shall prescribe any necessary or desired regulations to carry out Regulations 13, 14, 15, and 18 of such Annex.

; and

(3)by adding at the end the following new paragraph:

(5)No standard issued by any person or Federal agency regarding emissions from tank vessels that are subject to Regulation 15 of Annex VI to the Convention shall be effective until six months after the date on which the Secretary submits a notification to the International Maritime Organization that such standard has been established.

Certificates

Section 5 (33 U.S.C. 1904) is amended— (1)in subsection (a)— (A)by striking The and inserting (1) Except as provided in paragraph (2), the; and (B)by adding at the end the following new paragraph:

(2)The Administrator shall, and no other person may, issue an Engine International Air Pollution Prevention Certificate in accordance with Annex VI to the Convention and the International Maritime Organization’s Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States. The issuance of such certificates shall be consistent with any applicable requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) and regulations promulgated thereunder.

;

(2)by striking subsection (b) and inserting the following:

(b)A certificate issued by a country that is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary under the authority of this Act, or by the Administrator under the authority of subsection (a)(2).

; and

(3)in subsection (e) by inserting or the public health or welfare after marine environment.

Reception facilities

Section 6 (33 U.S.C. 1905) is amended— (1)in subsection (a) by adding at the end the following new paragraph:

(3)The Secretary, after consulting with appropriate Federal agencies, shall establish regulations to require that ports and terminals provide reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues or ensure that such facilities are available. The regulations shall establish criteria for determining the adequacy of reception facilities for receiving such substances, equipment, or residues at a port or terminal and such additional measures and requirements as are appropriate to ensure such adequacy. (4)The Secretary may establish regulations to certify, and may issue certificates to the effect, that a port’s or terminal’s facilities for receiving such substances, equipment, and residues from ships are adequate.

;

(2)in subsection (c)(2)(A) by inserting or (a)(3) after subsection (a)(2); (3)by striking subsection (e)(2) and inserting the following:

(2)The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage, ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues if the port of terminal is not in compliance with such regulations.

; and

(4)in subsection (f)(1) by striking MARPOL Protocol or the Antarctic Protocol and inserting MARPOL Protocol, the Antarctic Protocol, or this Act.

Inspections

Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:

(f)(1)The Secretary may inspect a ship to which this Act applies as provided under section 3(a)(5), to verify whether the ship is in compliance with Annex VI to the Convention and this Act. (2)If an inspection under this subsection or any other information indicates that a violation has occurred, the Secretary may undertake enforcement action under this section.

Amendments to the protocol

Section 10(b) (33 U.S.C. 1909(b)) is amended by striking Annex I, II, or V and by inserting Annex I, II, V, or VI.

10.

Effect on other laws

Section 15 (33 U.S.C. 1911) is amended to read as follows:

15.

Effect on other laws

Authorities, requirements, and remedies of this Act supplement and neither amend nor repeal any other authorities, requirements, or remedies conferred by any other provision of law. Nothing in this Act shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or any other person, except as expressly provided in this Act.

11.

Technical corrections

Subsections (a), (b), and (d) of section 9 (33 U.S.C. 1908(a), (b), and (d)) are amended by striking the second comma after MARPOL Protocol each place it appears.