[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1499 Reported in Senate (RS)]






                                                       Calendar No. 870
110th CONGRESS
  2d Session
                                S. 1499

                          [Report No. 110-413]

To amend the Clean Air Act to reduce air pollution from marine vessels.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

 Mrs. Boxer (for herself, Mrs. Feinstein, Mr. Whitehouse, Mr. Cardin, 
  Mr. Carper, Mrs. Clinton, and Mr. Warner) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                July 10 (legislative day, July 9), 2008

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to reduce air pollution from marine vessels.

    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 ``Marine Vessel Emissions Reduction 
Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) emissions of air pollutants from marine vessels 
        contribute significantly to dangerous air pollution in many 
        areas in the United States;
            (2) current levels of control on those emissions are not 
        adequate to protect air quality and public health;
            (3) to protect air quality and public health, efforts by 
        State and local governments to control emissions from marine 
        vessels must be augmented by the Federal Government;
            (4) although the Environmental Protection Agency may 
        require additional controls on domestic and international 
        marine vessels entering United States ports, significant 
        emission reductions must be achieved in the near future; and
            (5) it is urgent and necessary to require the Administrator 
        of the Environmental Protection Agency to establish standards 
        to reduce emissions of air pollutants from marine vessels in a 
        sufficient period of time to allow all areas in the United 
        States to meet air quality standards in accordance with 
        applicable deadlines.

SEC. 3. MARINE VESSEL FUEL SULFUR.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
            (1) by redesignating the first subsection (r) (relating to 
        fuel and fuel additive importers and importation) as subsection 
        (u) and moving that subsection so as to appear at the end of 
        the section; and
            (2) by inserting after subsection (o) the following:
    ``(p) Marine Vessel Fuel Sulfur.--
            ``(1) In general.--Subject to paragraph (3), not later than 
        December 15, 2008, the Administrator shall promulgate 
        regulations that, effective beginning on December 31, 2010, 
        require marine vessels described in paragraph (2) to use fuel 
        that contains not more than 1,000 parts per million of sulfur 
        in the main and auxiliary engines of the vessels.
            ``(2) Applicability.--The regulations promulgated pursuant 
        to paragraph (1) shall apply to all marine vessels, including 
        any vessel flagged in a country other than the United States, 
        at any time at which the vessels are, on entering or leaving a 
        port or offshore terminal of the United States--
                    ``(A) within 200 miles of the west coast of the 
                continental United States; and
                    ``(B) within such distance of the east coast or 
                Gulf coast of the United States, or the shoreline of 
                the Great Lakes or St. Lawrence Seaway, as the 
                Administrator determines to be appropriate for the 
                purpose of protecting public health and the 
                environment.
            ``(3) Interim requirement.--
                    ``(A) In general.--Notwithstanding the requirement 
                of paragraph (1), the Administrator may promulgate 
                regulations under that paragraph that permit marine 
                vessel fuel sulfur content in excess of 1,000 parts per 
                million if the Administrator determines that compliance 
                with the requirement of paragraph (1) is not 
                technically feasible by December 31, 2010.
                    ``(B) Regulations.--If the Administrator makes a 
                determination described in subparagraph (A), the 
                Administrator shall promulgate regulations that require 
                marine vessels--
                            ``(i) beginning on December 31, 2010, to 
                        use fuel that contains--
                                    ``(I) the lowest quantity of sulfur 
                                that is technically feasible by that 
                                date; and
                                    ``(II) in no event a quantity of 
                                sulfur in excess of 2,000 parts per 
                                million; and
                            ``(ii) to achieve compliance with the 
                        requirement of paragraph (1) on the earliest 
                        practicable date by which compliance is 
                        technically feasible.
            ``(4) Alternative compliance mechanism.--The Administrator 
        may provide for an alternative mechanism of compliance under 
        this subsection for a marine vessel if the Administrator 
        determines that--
                    ``(A) the vessel employs a control technology that 
                reduces emissions from the vessel of sulfur oxides and 
                particulate matter to at least the same degree as the 
                reduction that would be achieved by the vessel through 
                compliance with the applicable fuel sulfur content 
                limitation under this subsection; and
                    ``(B) the emission reductions achieved as described 
                in subparagraph (A) are in addition to any reductions 
                required to achieve compliance with an applicable 
                engine emission standard issued by the Administrator or 
                the head of another Federal agency.
            ``(5) No effect on other authority.--Nothing in this 
        subsection limits or otherwise affects any authority of the 
        Administrator to regulate fuels or fuel additives for use in 
        marine vessels or any other nonroad vehicle or engine under 
        this Act or any other provision of law.''.

SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS.

    Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following:
    ``(d) Advanced Marine Vessel Emission Controls.--
            ``(1) Standards for oceangoing vessels.--
                    ``(A) In general.--Not later than December 15, 
                2008, the Administrator shall promulgate, and from time 
                to time revise, regulations that establish standards 
                for emissions of oxides of nitrogen, particulate 
                matter, hydrocarbons, and carbon monoxide from newly-
                manufactured and in-use main and auxiliary engines in 
                oceangoing marine vessels that enter or leave a port or 
                offshore terminal of the United States.
                    ``(B) Requirement.--The standards under 
                subparagraph (A) shall require, effective beginning on 
                January 1, 2012, that the engines described in that 
                subparagraph achieve the greatest degree of emission 
                reduction achievable through the application of 
                technology that the Administrator determines, in 
                accordance with this paragraph, will be available for 
                the affected engines.
                    ``(C) Additional factors for consideration.--
                            ``(i) In general.--In promulgating a 
                        standard under this paragraph, the 
                        Administrator shall take into consideration--
                                    ``(I) whether the engine is newly-
                                manufactured or in-use (and, if the 
                                engine is in-use, the age of the 
                                engine);
                                    ``(II) the cost of applying an 
                                emission reduction technology in a 
                                period of time sufficient to achieve 
                                compliance with the standard;
                                    ``(III) noise, energy, and safety 
                                factors associated with the application 
                                of the technology; and
                                    ``(IV) the feasibility, benefits, 
                                and costs of requiring--
                                            ``(aa) the maximum level of 
                                        control required by regulations 
                                        applicable to on-road, nonroad, 
                                        and stationary engines; and
                                            ``(bb) the maximum level of 
                                        control achieved by sources 
                                        from which control technologies 
                                        may be transferred, including 
                                        sources that use advanced 
                                        aftertreatment technologies.
                            ``(ii) Determination.--
                                    ``(I) In general.--If the 
                                Administrator determines, after 
                                consideration of the factors described 
                                in clause (i), that a maximum level of 
                                control described in clause (i)(IV) 
                                will not be technically achievable by 
                                January 1, 2012, the Administrator 
                                shall promulgate standards under 
                                subparagraph (A) that require the 
                                maximum level of control that the 
                                Administrator determines will be 
                                technically achievable by that date.
                                    ``(II) Additional standards.--If 
                                the Administrator makes a determination 
                                under subclause (I), the Administrator 
                                shall promulgate additional standards 
                                under subparagraph (A) that require, 
                                effective beginning on January 1, 
                                2016--
                                            ``(aa) the maximum level of 
                                        control described in clause 
                                        (i)(IV); or
                                            ``(bb) if the Administrator 
                                        determines, after consideration 
                                        of the factors described in 
                                        clause (i), that a maximum 
                                        level of control described in 
                                        subclause (IV) of that clause 
                                        is not technically achievable 
                                        by January 1, 2016, the maximum 
                                        level of control that the 
                                        Administrator determines will 
                                        be technically achievable by 
                                        that date.
            ``(2) Applicability.--Standards applicable to marine 
        engines and marine vessels promulgated under this section shall 
        be applicable to vessels that enter or leave a port or offshore 
        terminal of the United States, including vessels flagged in any 
        country other than the United States.
            ``(3) Enforcement.--
                    ``(A) In general.--The standards established under 
                this subsection shall be enforced in accordance with 
                subsection (f).
                    ``(B) Enforcement against certain persons.--At the 
                discretion of the Administrator, any standard 
                established under this subsection relating to in-use 
                engines may be enforced against--
                            ``(i) the owner or operator of an in-use 
                        engine;
                            ``(ii) any person that rebuilds or 
                        maintains an in-use engine; or
                            ``(iii) such other person as the 
                        Administrator determines to be appropriate.
            ``(4) No effect on other authority.--Nothing in this 
        subsection limits or otherwise affects any authority of the 
        Administrator to regulate emissions of engines in marine 
        vessels under this Act or any other provision of law.''.
                                                       Calendar No. 870

110th CONGRESS

  2d Session

                                S. 1499

                          [Report No. 110-413]

_______________________________________________________________________

                                 A BILL

To amend the Clean Air Act to reduce air pollution from marine vessels.

_______________________________________________________________________

                July 10 (legislative day, July 9), 2008

                       Reported without amendment