[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[House]
[Pages 7633-7636]
[From the U.S. 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

[[Page 7634]]

     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 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

[[Page 7635]]

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 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

[[Page 7636]]

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 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.

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