[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 802 Enrolled Bill (ENR)]
H.R.802
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend the Act to Prevent Pollution from Ships to implement MARPOL
Annex VI.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.