Short title

This Act may be cited as the

Marine Vessel Emissions Reduction Act of 2008

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.

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.

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.