[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 14110-14111]
[From the U.S. Government Publishing Office, www.gpo.gov]




               MARITIME POLLUTION PREVENTION ACT OF 2008

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 828, H.R. 802.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 802) to amend the Act to Prevent Pollution 
     from Ships to implement MARPOL Annex VI.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science and 
Transportation with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

                                H.R. 802

     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'';

[[Page 14111]]

       (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).

  Mr. DODD. Mr. President, I ask unanimous consent that the committee 
substitute amendment be agreed to, the bill, as amended, be read a 
third time and passed, the motions to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill (H.R. 802), as amended, was read the third time and passed.

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