[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 802 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         June 26, 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
802) entitled ``An Act to amend the Act to Prevent Pollution from Ships 
to implement MARPOL Annex VI.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Pollution Prevention Act of 
2008''.

SEC. 2. 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.).

SEC. 3. 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'';
            (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'''; and
            (5) by redesignating paragraphs (7) through (13) (as 
        redesignated) as paragraphs (8) through (14), respectively, and 
        inserting after paragraph (6) (as redesignated) the following:
            ``(7) `navigable waters' includes the territorial sea of 
        the United States (as defined in Presidential Proclamation 5928 
        of December 27, 1988) and the internal waters of the United 
        States;''.

SEC. 4. APPLICABILITY.

    Section 3 (33 U.S.C. 1902) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) with respect to Annex VI to the Convention, and other 
        than with respect to a ship referred to in paragraph (1)--
                    ``(A) to a ship that is in a port, shipyard, 
                offshore terminal, or the internal waters of the United 
                States;
                    ``(B) to a ship that is bound for, or departing 
                from, a port, shipyard, offshore terminal, or the 
                internal waters of the United States, and is in--
                            ``(i) the navigable waters or the exclusive 
                        economic zone of the United States;
                            ``(ii) an emission control area designated 
                        pursuant to section 4; or
                            ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment;
                    ``(C) to a ship that is entitled to fly the flag 
                of, or operating under the authority of, a party to 
                Annex VI, and is in--
                            ``(i) the navigable waters or the exclusive 
                        economic zone of the United States;
                            ``(ii) an emission control area designated 
                        under section 4; or
                            ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment; and
                    ``(D) to any other ship, to the extent that, and in 
                the same manner as, such ship may be boarded by the 
                Secretary to implement or enforce any other law of the 
                United States or Annex I, II, or V of the Convention, 
                and is in--
                            ``(i) the exclusive economic zone of the 
                        United States;
                            ``(ii) the navigable waters of the United 
                        States;
                            ``(iii) an emission control area designated 
                        under section 4; or
                            ``(iv) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order 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)--
                    (A) in paragraph (1) by striking ``paragraph (2),'' 
                and inserting ``paragraphs (2) and (3),''; and
                    (B) by adding at the end the following:
    ``(3) With respect to Annex VI the Administrator, or the Secretary, 
as relevant to their authorities pursuant to this Act, may determine 
that some or all of the requirements under this Act shall apply to one 
or more classes of public vessels, except that such a determination by 
the Administrator shall have no effect unless the head of the 
Department or agency under which the vessels operate concurs in the 
determination. This paragraph does not apply during time of war or 
during a declared national emergency.'';
            (3) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively, and inserting after 
        subsection (b) the following:
    ``(c) Application to Other Persons.--This Act shall apply to all 
persons to the extent necessary to ensure compliance with Annex VI to 
the Convention.'';
            (4) in subsection (e), as redesignated--
                    (A) by inserting ``or the Administrator, consistent 
                with section 4 of this Act,'' after ``Secretary'';
                    (B) by striking ``of section (3),'' and inserting 
                ``of this section,''; and
                    (C) by striking ``Protocol, including regulations 
                conforming to and giving effect to the requirements of 
                Annex V'' and inserting ``Protocol (or the applicable 
                Annex), including regulations conforming to and giving 
                effect to the requirements of Annex V and Annex VI''; 
                and
            (5) by adding at the end thereof the following:
    ``(i) Savings Clause.--Nothing in this section shall be construed 
to restrict in a manner inconsistent with international law 
navigational rights and freedoms as defined by United States law, 
treaty, convention, or customary international law.''.

SEC. 5. ADMINISTRATION AND ENFORCEMENT.

    Section 4 (33 U.S.C. 1903) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively, and inserting after subsection (a) 
        the following:
    ``(b) Duty of the Administrator.--In addition to other duties 
specified in this Act, the Administrator and the Secretary, 
respectively, shall have the following duties and authorities:
            ``(1) The Administrator shall, and no other person may, 
        issue Engine International Air Pollution Prevention 
        certificates in accordance with Annex VI 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 for a vessel of the United States as that term is 
        defined in section 116 of title 46, United States Code. The 
        issuance of Engine International Air Pollution Prevention 
        certificates shall be consistent with any applicable 
        requirements of the Clean Air Act or regulations prescribed 
        under that Act.
            ``(2) The Administrator shall have authority to administer 
        regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 
        the Convention.
            ``(3) The Administrator shall, only as specified in section 
        8(f), have authority to enforce Annex VI of the Convention.'';
            (2) in subsection (c), as redesignated, by redesignating 
        paragraph (2) as paragraph (4), and inserting after paragraph 
        (1) the following:
    ``(2) In addition to the authority the Secretary has to prescribe 
regulations under this Act, the Administrator shall also prescribe any 
necessary or desired regulations to carry out the provisions of 
regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the 
Convention.
    ``(3) In prescribing any regulations under this section, the 
Secretary and the Administrator shall consult with each other, and with 
respect to regulation 19, with the Secretary of the Interior.''; and
            (3) by adding at the end of subsection (c), as 
        redesignated, the following:
    ``(5) No standard issued by any person or Federal authority, with 
respect to emissions from tank vessels subject to regulation 15 of 
Annex VI to the Convention, shall be effective until 6 months after the 
required notification to the International Maritime Organization by the 
Secretary.''.

SEC. 6. CERTIFICATES.

    Section 5 (33 U.S.C. 1904) is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``Except as provided in section 4(b)(1), the 
        Secretary'';
            (2) in subsection (b) by striking ``Secretary under the 
        authority of the MARPOL protocol.'' and inserting ``Secretary 
        or the Administrator under the authority of this Act.''; and
            (3) in subsection (e) by striking ``environment.'' and 
        inserting ``environment or the public health and welfare.''.

SEC. 7. RECEPTION FACILITIES.

    Section 6 (33 U.S.C. 1905) is amended--
            (1) in subsection (a) by adding at the end the following:
    ``(3) The Secretary and the Administrator, after consulting with 
appropriate Federal agencies, shall jointly prescribe regulations 
setting criteria for determining the adequacy of reception facilities 
for receiving ozone depleting substances, equipment containing such 
substances, and exhaust gas cleaning residues at a port or terminal, 
and stating any additional measures and requirements as are appropriate 
to ensure such adequacy. Persons in charge of ports and terminals shall 
provide reception facilities, or ensure that reception facilities are 
available, in accordance with those regulations. The Secretary and the 
Administrator may jointly prescribe regulations to certify, and may 
issue certificates to the effect, that a port's or terminal's 
facilities for receiving ozone depleting substances, equipment 
containing such substances, and exhaust gas cleaning residues from 
ships are adequate.'';
            (2) in subsection (b) by inserting ``or the Administrator'' 
        after ``Secretary'';
            (3) in subsection (e) by striking paragraph (2) and 
        inserting the following:
    ``(2) The Secretary may deny the entry of a ship to a port or 
terminal required by the MARPOL Protocol, this Act, or regulations 
prescribed under this section relating to the provision of adequate 
reception facilities for garbage, ozone depleting substances, equipment 
containing those substances, or exhaust gas cleaning residues, if the 
port or terminal is not in compliance with the MARPOL Protocol, this 
Act, or those regulations.'';
            (4) in subsection (f)(1) by striking ``Secretary is'' and 
        inserting ``Secretary and the Administrator are''; and
            (5) in subsection (f)(2) by striking ``(A)''.

SEC. 8. 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, or 
the Administrator in a matter referred by the Secretary, may undertake 
enforcement action under this section.
    ``(3) Notwithstanding subsection (b) and paragraph (2) of this 
subsection, the Administrator shall have all of the authorities of the 
Secretary, as specified in subsection (b) of this section, for the 
purposes of enforcing regulations 17 and 18 of Annex VI to the 
Convention to the extent that shoreside violations are the subject of 
the action and in any other matter referred to the Administrator by the 
Secretary.''.

SEC. 9. AMENDMENTS TO THE PROTOCOL.

    Section 10(b) (33 U.S.C. 1909(b)) is amended--
            (1) by striking ``Annex I, II, or V'' and inserting ``Annex 
        I, II, V, or VI''; and
            (2) by inserting ``or the Administrator as provided for in 
        this Act,'' after ``Secretary,''.

SEC. 10. PENALTIES.

    Section 9 (33 U.S.C. 1908) is amended--
            (1) by striking ``Protocol,,'' each place it appears and 
        inserting ``Protocol,'';
            (2) in subsection (b)--
                    (A) by inserting ``or the Administrator as provided 
                for in this Act,'' after ``Secretary,'' the first place 
                it appears;
                    (B) in paragraph (2), by inserting ``, or the 
                Administrator as provided for in this Act,'' after 
                ``Secretary''; and
                    (C) in the matter after paragraph (2)--
                            (i) by inserting ``or the Administrator as 
                        provided for in this Act'' after ``Secretary,'' 
                        the first place it appears; and
                            (ii) by inserting ``, or the Administrator 
                        as provided for in this Act,'' after 
                        ``Secretary'' the second and third places it 
                        appears;
            (3) in subsection (c), by inserting ``, or the 
        Administrator as provided for in this Act,'' after 
        ``Secretary'' each place it appears; and
            (4) in subsection (f), by inserting ``or the Administrator 
        as provided for in this Act'' after ``Secretary,'' the first 
        place appears.

SEC. 11. EFFECT ON OTHER LAWS.

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

``SEC. 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.''.

SEC. 12. LEGAL ACTIONS.

    Section 11 (33 U.S.C. 1910) is amended--
            (1) by redesignating paragraph (3) of subsection (a) as 
        paragraph (4), and inserting after paragraph (2) the following:
            ``(3) against the Administrator where there is alleged a 
        failure of the Administrator to perform any act or duty under 
        this Act which is not discretionary; or'';
            (2) by striking ``concerned,'' in subsection (b)(1) and 
        inserting ``concerned or the Administrator,''; and
            (3) by inserting ``or the Administrator'' after 
        ``Secretary'' in subsection (b)(2).

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H. R. 802

_______________________________________________________________________

                               AMENDMENT