[Congressional Record Volume 153, Number 52 (Monday, March 26, 2007)]
[House]
[Pages H3025-H3028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MARITIME POLLUTION PREVENTION ACT OF 2007
Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 802) to amend the Act to Prevent Pollution from ships to
implement MARPOL Annex VI, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 802
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 2007''.
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 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 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 the extent consistent with international law, to
any other ship that 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.''; and
(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''.
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
[[Page H3026]]
(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 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Cummings) and the gentleman from Ohio (Mr. LaTourette)
each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
As the chairman of the Coast Guard and Maritime Transportation
Subcommittee, I am pleased that the first piece of maritime legislation
to be brought to the floor by the Committee on Transportation and
Infrastructure is a bill that will enable us to combat pollution
emitted by ships.
The Maritime Pollution Prevention Act of 2007, H.R. 802, would
institute the legal changes needed to bring the United States into
compliance with the International Convention for the Prevention of
Pollution from Ships, the MARPOL Convention Annex VI.
MARPOL Annex VI limits the emissions from ships of sulfur oxide and
nitrogen oxide, which are ozone-depleting substances. The Annex VI
treaty was ratified by the Senate in April 2006 and came into force
internationally in May of 2006.
According to the United States Department of Transportation, ocean-
going ships transport 80 percent by weight of all goods and services
moved into and out of the United States. The volume of trade through
U.S. ports is only expected to increase.
In fact, the United States Maritime Administration estimates that the
total volume of trade handled by United States ports will double in the
next 15 years. Unfortunately, the ships on which we rely to carry the
trade that keeps our economy growing release excessive amounts of
pollution.
In fact, according to a very disturbing study released just last week
by the International Council on Clean Transportation, the sulfur oxide
emissions from ocean-going ships may exceed the total amount of such
emissions produced by cars, trucks and buses in the world. Further, the
International Maritime Organization, also known as IMO, estimates that
as much as 80 percent of all ship emissions may be released within 250
miles of shore.
That means that much of the pollution emitted by ships is affecting
the residents of port communities such as my hometown of Baltimore. The
emissions of sulfur oxide from ships are also high because the bunker
fuel used in ships may contain as much as 3 percent sulfur content by
weight, or an astounding 28,000 parts per million of sulfur.
By comparison, the new ultralow sulfur diesel fuel that is mandated
for use in trucks in most of the United States is not allowed to
contain more than 15 parts per million of sulfur. Given the nature of
shipping, it is not possible for any single nation to unilaterally
regulate emissions produced by ships.
Instead, regulations applied to ocean-going vessels are usually
developed through negotiations conducted by IMO, a specialized agency
of the United Nations responsible for developing multinational
conventions regulating international shipping.
The member states of IMO developed the International Convention for
the Prevention of Pollution from Ships treaty, known as MARPOL, which
was adopted in 1973. This groundbreaking convention has already
successfully limited all pollution and pollution from ships' garbage
and sewage. The most recent annex to MARPOL convention, Annex VI, sets
limits on emissions from ships of sulfur oxide and nitrogen oxide. This
annex also establishes specific limits on the sulfur content of fuel
oil used in ships.
The measure before us today, H.R. 802, is a bipartisan measure that
would bring United States law into compliance with the requirements of
MARPOL Annex VI. The substitute amendment clarifies that the MARPOL
Annex VI amendments apply only to vessels in the United States'
exclusive economic zone once Annex VI becomes customary maritime law.
The amendment also requires the EPA to consult with a State when
establishing an emission area and requires that regulations regarding
reception facilities be jointly prescribed by the Environmental
Protection Agency and the United States Coast Guard. Through our
participation in Annex VI, the United States will contribute to a
global effort to control a large source of ozone-depleting emissions
that has been virtually unregulated to this point.
Mr. Speaker, our natural resources are our most precious gifts, and
we are merely the stewards of these resources, responsible for
preserving them for generations yet unborn.
When you go into Sea World and Disney World, one of the things the
signs that are written there say, ``We do not inherit our environment
from our parents; we borrow it from our children.''
I applaud Chairman Oberstar for his outstanding leadership on this
issue and for his commitment to implementing measures that will help us
combat the release of emissions from mobile sources that are
contributing to global warming.
I also thank our ranking member, the very distinguished gentleman,
Congressman Mica, and the ranking member of our subcommittee on Coast
Guard and Maritime Transportation, Congressman LaTourette, for their
leadership in helping us to get this very, very important bill to the
floor of the House so that we can send it on to the Senate.
Mr. Speaker, I reserve the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 802, the Maritime Pollution
Prevention Act of 2007. H.R. 802 was introduced by our full committee
chairman, Jim Oberstar, and is similar language that was approved by
voice vote in the House during the last Congress. I say ``similar to''
because there are some differences, and we noted those differences at
the time of the markup of this legislation.
I want to thank the chairman of the full committee, Mr. Oberstar, and
I also want to thank the distinguished chairman of our subcommittee,
Mr. Cummings, for working with me and others on my side of the aisle to
address our concerns with the introduced version of the bill.
The bill will implement international requirements for air emissions
from
[[Page H3027]]
ships for purposes of U.S. law. Under this bill, the Coast Guard and
the Environmental Protection Agency will be required to develop
regulations that establish standards for emissions of ozone-depleting
substances and other pollutants as well as marine fuel oil quality that
are used in U.S. waters. I am happy to see that we are considering this
legislation that will reduce our emissions from vessels operating in
U.S. waters this early in the year.
Again, I want to thank Chairman Oberstar and Chairman Cummings for
working with us to improve the bill. I urge our colleagues to support
this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I am very pleased to yield to the
distinguished chairman of the Transportation Committee, Mr. Oberstar,
such time as he may consume.
Mr. OBERSTAR. I thank the gentleman for yielding. I especially want
to thank the chairman of the Subcommittee on Coast Guard and Maritime
Affairs for his leadership, absorbing so quickly in such a short period
of time the complexities under the jurisdiction of this subcommittee. I
also would like to express my appreciation to the gentleman from Ohio
(Mr. LaTourette) for his partnership and working so diligently to bring
this important legislation to the floor.
Mr. Speaker, this is an international issue. In fact, just moments
ago, just before arriving to the floor, I had a meeting with a
representative of the transportation ministry of the European Union. He
is the deputy in charge of the Transport Ministry of the European
Union, and we were discussing the MARPOL legislation and the need for
international participation and cooperation on these issues.
In fact, the European Transport Ministry has established a new
section dealing with maritime pollution issues which go beyond that of
the subject of this legislation to include pollution at sea from
accidents to maritime vessels, the first most serious of which was the
Torrey Canyon disaster in the English Channel in 1967, which alerted
all of the maritime sector to the need for double-hulled vessels, to
the need for international standards on shipping.
We have moved beyond the water pollution issue, ocean pollution
issue, which continues to be a matter of great concern, to that of air
pollution, which is the subject of this legislation, the discharge of
nitrogen oxides from maritime diesel engines, the sulfur content of
diesel fuel, ozone-depleting substances, volatile organic compounds and
standards for shipboard incinerators, fuel oil quality, platforms for
drill rigs at sea. All of these are the subject of this legislation and
of the International Maritime Pollution Convention.
At the beginning of next week, our committee will travel to Brussels
to meet with members of the European Transport Ministry and members of
the European Parliament Transport Committee to discuss this issue and
other issues including emissions from aircraft at altitude, which are
the subject of the ongoing discussions in the international community
on emissions trading and steps that the international community
together can take to reduce impact on factors that are accelerating
global climate change.
This legislation, in other words, is not just a relatively
noncontroversial matter that we attempted to accomplish in the last
Congress; but for various reasons, we were not able to do so with the
other body. But this is one step in a global issue of international
concern that brings the United States and its maritime partners into
cooperation on matters that involve air quality at sea.
I want to thank the gentleman from Maryland, the chairman of the
subcommittee, for his diligent work, and Mr. LaTourette and Ranking
Member Mica for their participation and working with us to bring this
legislation to the floor. I hope that the other body will cooperate
promptly and move this bill to the President.
We have incorporated recommendations by the administration in this
legislation to accommodate their interests.
{time} 1445
Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I might
consume for the purposes of engaging in a colloquy with the
distinguished chairman of the subcommittee.
Chairman Cummings, if I could clarify, through this colloquy, the
language that was included in sections 4 and 5.
First, section 4 authorizes the Environmental Protection Agency, in
consultation with the Coast Guard, to designate special areas where
vessels would be required to comply with vessel emission regulations
under Annex VI to the MARPOL Convention. This section also directs the
EPA to consult with a State if such an area is established in an area
that is under the jurisdiction of that State.
Is it the chairman's understanding that the committee does not intend
to require the agencies to consult with a State or to give a State any
authority over a special area that is not wholly established outside of
the three or, in some cases, nine nautical mile belt of waters that
fall within the jurisdiction of a State?
Mr. CUMMINGS. The gentleman is absolutely correct.
Mr. LaTOURETTE. I thank the chairman.
Additionally, Mr. Chairman, section 5 of the bill grants the EPA
certain authorities to establish, administer and enforce regulations to
implement MARPOL Annex VI. Is it the chairman's understanding that this
language does not replace or reduce the Coast Guard's parallel
authorities to administer and enforce regulations to implement Annex VI
or other regulations under the Act to Prevent Pollution from Ships?
Mr. CUMMINGS. The gentleman is absolutely correct.
Mr. LaTOURETTE. I thank the chairman very much for his response. And,
again, my congratulations to both chairmen, the chairman of the full
committee, Mr. Oberstar, and the chairman of the subcommittee, Mr.
Cummings, for bringing this legislation forward. And, again, my thanks
for working with us to make the slight improvements to the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
Again, I want to thank Chairman Oberstar and certainly Ranking Member
Mica. But I also thank you very much, Mr. LaTourette, for your
cooperation in moving this bill along.
Mr. Speaker, I yield 2 minutes to Mr. Oberstar.
Mr. OBERSTAR. Mr. Speaker, although it has been discussed previously
before I reached the Chamber, I just want to be sure to emphasize the
important change to allow EPA to enforce the standards in addition to
the Coast Guard. These are changes requested by the administration. The
Coast Guard acknowledging that EPA has far more experience than does
the Coast Guard on air quality emission standards.
It is important for EPA to develop standards jointly with the Coast
Guard because, on the Coast Guard side, they have more knowledge and
understanding and expertise in vessel safety issues that have to be
incorporated into any air quality emission standards that may be
promulgated.
I want to emphasize this role of EPA, an important step forward, and
I am very pleased the administration was emphatic in asking for an EPA
role, and Coast Guard similarly has been very insistent on including
EPA in this process. I think this will, overall, strengthen the result
of the legislation that we are considering today.
Mr. Speaker, I rise today to strongly support H.R. 802, the
``Maritime Pollution Prevention Act of 2007''. The gentleman from
Maryland, Mr. Cummings, and I introduced this legislation in February
to provide the U.S. Coast Guard and the Environmental Protection Agency
(``EPA'') with the legal authority they need to implement Annex VI of
the International Convention for the Prevention of Pollution from
Ships.
Global climate change is a critical issue, not only for the United
States, but for every man, woman, and child that live on this planet
called Earth. The international maritime community has recognized this
problem and developed an international convention to help address air
pollutants from diesel ships.
For many years, the International Maritime Organization, an
organization of the United Nations, has been developing international
standards to prevent pollution from ships that ply the world's oceans.
The international convention is called the International Convention
[[Page H3028]]
for the Prevention of Pollution from Ships, 1973. The United States has
implemented these environmental laws by enacting and amending the Act
to Prevent Pollution from Ships (``APPS'').
On May 19, 2005, Annex VI of that Convention came into force
internationally. Annex VI limits the discharge of nitrogen oxides from
large marine diesel engines, governs the sulfur content of marine
diesel fuel, prohibits the emission of ozone-depleting substances,
regulates the emission of volatile organic compounds during the
transfer of cargoes between tankers and terminals, sets standards for
shipboard incinerators and fuel oil quality, and establishes
requirements for platforms and drilling rigs at sea. In April 2006, the
Senate ratified this treaty by unanimous consent.
H.R. 802 is the necessary implementing legislation for Annex VI of
that Convention. This legislation will give the Coast Guard and the
Environmental Protection Agency the authority they need to develop the
U.S. standards and to enforce these requirements on the thousands of
U.S.- and foreign-flag vessels that enter the United States each year
from overseas.
Everyone here recognizes the challenge that the world faces in
combating global climate change. We must pursue all avenues in the
effort to turn around the rising temperatures on this planet. I am
pleased that the International Maritime Organization stepped up to the
plate and developed amendments to the International Convention for the
Prevention of Pollution from Ships to regulate air pollution from
ships.
Last year, the Committee on Transportation and Infrastructure
reported H.R. 5811, the MARPOL Annex VI Implementation Act of 2006,
favorably to the House. This bill was subsequently added to H.R. 5681,
the Coast Guard Authorization Act of 2006, and passed the House on
October 28, 2006.
H.R. 802 is very similar to H.R. 5811, but includes changes to allow
the EPA to enforce the standards, in addition to the Coast Guard. These
changes were requested by the Administration. The Coast Guard
acknowledges that the EPA has far more experience than they do on air
quality emission standards. However, it is important for the EPA to
develop the standards jointly with Coast Guard because of the Coast
Guard's expertise over vessel safety issues.
During Committee consideration of the bill, the Committee adopted an
amendment in the nature of a substitute that clarifies that MARPOL
Annex VI will only apply to vessels in the United State's 200-mile
Exclusive Economic Zone when the Executive Branch determines that
MARPOL Annex VI is customary international law. In addition, the
amendment clarified that MARPOL Annex VI will not apply to public
vessels owned by the U.S. Government until the head of the agency that
operates the vessels agrees with the EPA Administrator that MARPOL VI
should apply to that agency's vessels.
The amendment in the nature of a substitute that the House considers
today further clarifies that the application of MARPOL VI to the U.S.
Exclusive Economic Zone and territorial sea takes effect when it
becomes customary international law; requires EPA to consult with a
State when establishing an emission area; and requires the regulations
regarding reception facilities to be jointly prescribed by EPA and the
Coast Guard.
I would like to take the opportunity to thank our new Chairman of the
Subcommittee on Coast Guard and Maritime Transportation, Mr. Cummings,
for his help in developing this bill.
I strongly urge my colleagues to support passage of H.R. 802, the
Maritime Pollution Prevention Act of 2007.
Mr. CUMMINGS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Cummings) that the House suspend the rules
and pass the bill, H.R. 802, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.
____________________