[Senate Report 110-413]
[From the U.S. Government Publishing Office]
Calendar No. 870
110th Congress Report
SENATE
2d Session 110-413
======================================================================
MARINE VESSEL EMISSIONS REDUCTION ACT OF 2007
_______
July 10 (legislative day, July 9), 2008.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 1499]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1499) to amend the Clean Air Act to
reduce air pollution from marine vessels, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose of the Legislation
The Marine Vessel Emissions Reduction Act is intended to
reduce emissions of air pollutants from marine vessels that
contribute to air pollution and failure to meet air quality
standards in certain areas in the United States.
General Statement and Background
Marine vessels operating in the vicinity of many U.S. ports
and coastal areas in many cases are a significant source of air
pollutants contributing to poor air quality and adverse health
effects. Air pollution from larger ocean-going vessels is
weakly regulated; these vessels operate under international
standards that permit use of high-sulfur fuel and do not
require installation of available emissions control
technologies.
Studies have concluded that marine vessel emissions
contribute to thousands of premature deaths and illnesses in
the U.S. every year.\1\ Based on data reported by Corbett et
al. in December 2007,\2\ deaths caused by ship pollution are
occurring in large numbers in areas all around the country, as
illustrated on the map below:
---------------------------------------------------------------------------
\1\ See Corbett, et al., ``Mortality from Ship Emissions: A Global
Assessment,'' Environmental Sci. Technol, American Chemical Society,
42(24), p. 8512-8518, Dec. 15, 2007; Corbett et al., ``Mitigating
Health Impacts of Ship Pollution through Low Sulfur Fuel Options:
Initial Comparison of Scenarios,'' Jan. 23, 2008; see also U.S. EPA
Clean Air Nonroad Diesel Rule, May 2004, EPA420-R-04-032, available
online at: http://www.epa.gov/nonroad-diesel/2004fr/420f04032.htm.
\2\ Corbett, et al., ``Mortality from Ship Emissions: A Global
Assessment,'' Environmental Sci. Technol, American Chemical Society,
42(24), p. 8512-8518, Dec. 15, 2007.
Areas where ship pollution is causing premature deaths,
disease and health impacts include, but are not limited to,
ports in the Atlantic seaboard (Ports of New York and New
Jersey, Wilmington, Philadelphia, Baltimore, Hampton Roads,
Charleston, Savannah, Jacksonville, Miami), the Gulf Coast
(Ports of Tampa, Mobile, New Orleans, Baton Rouge, Houston and
Galveston), the Great Lakes (Ports of Chicago and Detroit) and
the West Coast (Ports of San Diego, Los Angeles and Long Beach,
Oakland, Portland and Seattle).\3\ In addition to these direct
health impacts of ship pollution, U.S. Environmental Protection
Agency data indicate that more than 40 U.S. ports in these
regions are located in areas that have failed to meet air
quality standards for one or more pollutants emitted or caused
by large ship emissions, including ports in Louisiana, Texas,
California, New York, New Jersey, Illinois, Maryland, Michigan,
Pennsylvania, Connecticut and Delaware.\4\ Accordingly, the
Committee concluded that ship pollution is a serious national
threat to health and air quality that requires an urgent
Federal response.
---------------------------------------------------------------------------
\3\ See supra, notes 1 & 2.
\4\ U.S. EPA ``Greenbook'' of Clean Air Act Non-attainment Areas,
available online at: http://www.epa.gov/air/oaqps/greenbk/
multipol.html; U.S. EPA Advance Notice of Proposed Rulemaking for
Control of Emissions from New Marine Compression-Ignition Engines at or
Above 30 Liters per Cylinder, November 2007, available online at:
http://www.epa.gov/OMS/regs/nonroad/marine/ci/420f07050.htm.
---------------------------------------------------------------------------
The Marine Vessel Emissions Reduction Act amends the Clean
Air Act by adding new requirements relating to marine vessel
fuel sulfur content and advanced marine vessel emissions
controls.
The Administrator of the U.S. Environmental Protection
Agency (EPA) is required to promulgate regulations effective as
of December 31, 2010, requiring that marine vessels operating
within specified distances from U.S. ports use fuel that
contains not more than 1,000 parts per million of sulfur,
unless the Administrator finds that such limitation is not
feasible, in which case fuel content may not exceed 2,000 parts
per million of sulfur. The Act provides that certain
alternative mechanisms may be authorized to comply with the
fuel sulfur content requirements.
The Act would further amend the Clean Air Act by adding a
new subsection relating to advanced marine vessel emission
controls. It requires the Administrator to promulgate
regulations establishing standards for emissions of certain air
pollutants 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. The
regulations would require the greatest degree of emission
reduction achievable through the application of technology that
the Administrator determines, with reference to specified
factors, will be available for the affected engines.
The Committee is aware that ongoing International Maritime
Organization negotiations over new marine vessel standards
under Annex VI of the MARPOL Convention could lead to potential
improvements in the international regulatory regime. However,
the precise standards, timing, and other specifics of those
negotiations have not been finally determined or approved, the
details of the implementation of such new standards has not yet
been agreed to or commenced, and the adequacy of any
international IMO standards to fully protect the United States
public's health and well being remains uncertain, so the
Committee believes that this legislation is needed.
Section-by-Section Analysis
Section 1. Short title
Section 1 would provide that the Act may be cited as the
``Marine Vessel Emissions Reduction Act of 2007''.
Section 2. Findings
Section 2 sets forth Congress's findings 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.
Section 3. Marine Vessel Fuel Sulfur
Section 3 would amend Section 211 of the Clean Air Act (42
U.S.C. Sec. 7545) and insert a new subsection (p) entitled
``Marine Vessel Fuel Sulfur.''
The EPA Administrator would be required to promulgate
regulations, effective beginning on December 31, 2010, that
require all marine vessels (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, to use fuel
containing not more than 1,000 parts per million of sulfur in
the main and auxiliary engines of the vessels.
The regulations would 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,
within the specified distances from the United States' coasts.
Section 3 would authorize the Administrator to promulgate
an interim requirement, pursuant to which marine vessel fuel
sulfur content in excess of 1,000 parts per million would be
permitted if the Administrator determines that compliance with
the 1,000 parts per million requirement is not technically
feasible by December 31, 2010. However, vessels operating under
the interim requirement would be required to use fuel that
contains the lowest quantity of sulfur that is technically
feasible by that date, and in no event a quantity of sulfur in
excess of 2,000 parts per million. They would be required to
achieve compliance with 1,000 parts per million standard on the
earliest practicable date by which compliance is technically
feasible.
Section 3 would further authorize the Administrator to
provide for an alternative mechanism of compliance if the
Administrator determines that: (a) The marine 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; and (b) the emission reductions achieved 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.
Finally, section 3 clarifies that nothing in the bill
limits or otherwise affects any authority 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.
Section 4. Advanced Marine Vessel Emission Controls
Section 4 would add a new subsection (d) to Section 213 of
the Clean Air Act (42 U.S.C. Sec. 7547), entitled ``Advanced
Marine Vessel Emission Controls''.
Section 4 would require the Administrator to 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.
The standards promulgated would require, effective
beginning on January 1, 2012, that the engines achieve the
greatest degree of emission reduction achievable through the
application of technology that the Administrator determines
will be available for the affected engines. In promulgating
these standards, the Administrator would be directed to take
into consideration: (a) whether the engine is newly-
manufactured or in-use (and, if the engine is in-use, the age
of the engine); (b) the cost of applying an emission reduction
technology in a period of time sufficient to achieve compliance
with the standard; (c) noise, energy, and safety factors
associated with the application of the technology; and (d) the
feasibility, benefits, and costs of requiring--(i) the maximum
level of control required by regulations applicable to on-road,
nonroad, and stationary engines; and (ii) the maximum level of
control achieved by sources from which control technologies may
be transferred, including sources that use advanced
aftertreatment technologies.
Section 4 provides that if the Administrator determines,
after consideration of the factors described, that a maximum
level of control will not be technically achievable by January
1, 2012, the Administrator shall promulgate standards that
require the maximum level of control that the Administrator
determines will be technically achievable by that date, and
that in that event the Administrator shall promulgate
additional standards that require, effective beginning on
January 1, 2016, (a) the maximum level of control or (b) if the
Administrator determines, after consideration of the factors
described, that a maximum level of control is not technically
achievable by January 1, 2016, the maximum level of control
that the Administrator determines will be technically
achievable by that date.
Section 4 requires that standards applicable to marine
engines and marine vessels promulgated under that Section would
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.
Section 4 provides for enforcement at the discretion of the
Administrator, of any standard established relating to in-use
engines, against: (a) the owner or operator of an in-use
engine; (b) any person that rebuilds or maintains an in-use
engine; or (c) such other person as the Administrator
determines to be appropriate.
Finally, section 4 makes it clear that nothing in the bill
limits or otherwise affects any authority to regulate emissions
of engines in marine vessels under this Act or any other
provision of law.
Legislative History
S. 1499 was introduced by Senators Boxer and Feinstein on
May 24, 2007. Additional cosponsors are Senators Cardin,
Carper, Clinton, Warner and Whitehouse. The bill was read twice
and referred to the Senate Committee on Environment and Public
Works. The Committee met on May 21, 2008, when S. 1499 was
ordered reported favorably without amendment by a voice vote.
Hearings
On August 9, 2007, the Senate Committee on Environment and
Public Works held a field hearing in San Pedro, California, on
``Port Pollution and the Need for Additional Controls on Large
Ships.'' On February 14, 2008, the Senate Committee on
Environment and Public Works held a hearing on S. 1499.
Roll Call Votes
The Committee on Environment and Public Works met to
consider S. 1499 on May 21, 2008. A quorum of the Committee
being present, S. 1499 was reported favorably without amendment
by a voice vote, with Senator Alexander requesting that he be
recorded as voting aye. An amendment offered by Senator Vitter,
which would have modified the findings in the bill and replaced
the regulatory provisions of the bill with a provision
requiring that EPA issue a rule ``relating to marine vessel
fuel sulfur in accordance with the standards and timing
requirement established in Annex VI of the MARPOL Convention,''
failed by roll call vote, 8-11. (Ayes--Alexander, Barrasso,
Bond, Craig, Inhofe, Isakson, Vitter, Voinovich. Nays--Baucus,
Cardin, Carper, Clinton, Klobuchar, Lautenberg, Lieberman,
Sanders, Warner, Whitehouse, Boxer).
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee notes that the
Congressional Budget Office has found that ``EPA already
regulates marine fuel emissions, and either that agency or the
USCG must enforce such regulations. The two agencies are
currently carrying out those responsibilities.'' CBO also has
found that S. 1499 contains no intergovernmental mandates and
would impose no costs on state, local, or tribal governments.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee agrees with the Congressional
Budget Office that S. 1499 contains no intergovernmental
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Congressional Budget Office Cost Estimate
In compliance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1499--Marine Vessel Emissions Reduction Act of 2007
As ordered reported by the Senate Committee on Environment
and Public Works on May 21, 2008.
S. 1499 would limit the sulfur content in marine fuel and
set emissions standards for vessels in U.S. waters. Under
current law, the Environmental Protection Agency (EPA) and the
U.S. Coast Guard (USCG) enforce similar, but less stringent,
standards on marine fuels.
Based on information from EPA, CBO estimates that
implementing S. 1499 would have no significant impact on the
federal budget because EPA already regulates marine fuel
emissions, and either that agency or the USCG must enforce such
regulations. The two agencies are currently carrying out those
responsibilities. Enacting this legislation would not affect
revenues or direct spending.
S. 1499 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
CBO has determined that S. 1499 would impose private-sector
mandates, as defined in UMRA, and that the aggregate cost of
those mandates would exceed the annual threshold established in
UMRA ($136 million in 2008, adjusted annually for inflation).
The bill would direct EPA to issue regulations requiring marine
vessels to use low-sulfur fuel when entering or leaving a U.S.
port or offshore terminal beginning on December 31, 2010. Based
on information from EPA, CBO estimates that the cost of
complying with a low-sulfur fuel requirement could be about
$500 million in the first year and that the cost would increase
in subsequent years. The bill also would direct EPA to set
standards for emissions of nitrogen oxides, particulate matter,
carbon monoxide, and hydrocarbons from new and in-use main and
auxiliary engines of oceangoing vessels that enter or leave a
U.S. port or offshore terminal. The bill would direct EPA to
set emissions standards that would be comparable to standards
for other on-road, nonroad, and stationary engines. The cost to
comply with the mandate would depend on requirements
established by EPA.
The CBO staff contacts for this estimate are Susanne S.
Mehlman and Jeffrey LaFave (for federal costs), and Amy Petz
(for the private-sector impact). This estimate was approved by
Peter H. Fontaine, Assistant Director for Budget Analysis.
MINORITY VIEWS OF SENATORS INHOFE, VITTER, AND VOINOVICH
S. 1499, the Marine Vessel Emissions Reduction Act of 2007,
should be opposed and returned to the Environment and Public
Works Committee by the full Senate because this legislation
enforces a national solution to a problem than can and should
be enforced locally. The legislation would require oceangoing
vessels which use U.S. ports to significantly lower the sulfur
content of their fuel.
Specifically, S. 1499 would require fuel sulfur content to
drop from an average level of 27,000 parts per million to 1,000
parts per million, along with requiring emissions reductions
from both new and existing engines beginning in 2012 by
requiring use of the most advanced available technologies. This
bill imposes a national standard that forces ports with clean
air to comply with rules that are needed for dirty ports.
Although California port pollution has exacerbated its
continued nitrogen oxide and particulate matter problems, most
American ports do not have air quality issues. This legislation
would penalize all American ports, regardless of their air
quality standards, and impose an unfair economic burden on
ports without poor air quality.
If enacted, this law would disrupt U.S. international
competitiveness by raising the costs of exporting goods and
lessening export capability, regardless of whether those goods
are shipped on U.S. or foreign vessels. Rate-sensitive cargo,
such as grain, could be particularly affected. U.S. ports
situated within close proximity to international ports may be
disproportionately affected. These forced emissions reductions
would also require vessels to pay high costs for engine
upgrades and control technology.
Additionally, there is no certainty that appropriate
technology can be adopted within the time-frame of this
legislation. A letter from the Engine Manufacturers Association
on May 19, 2008 opposing S. 1499, states that ``the ability of
fuel produces to supply sufficient quantities of 1,000 ppm
sulfur fuel and the feasibility of ship owners and operators to
make the needed physical changes to ships to use such a fuel by
the December 2010 date have not been analyzed or demonstrated
(and certainly seems unlikely).'' \1\
---------------------------------------------------------------------------
\1\ Engine Manufacturers Association, Letter to Senators Boxer and
Inhofe. Re: Position of the Engine Manufacturers Association on Senate
Bill 1499, the Marine Vessel Emissions Reduction Act of 2007. May 19,
2008.
---------------------------------------------------------------------------
In addition to potentially unachievable time-frames for
emission reductions, efforts to reduce emissions from
oceangoing vessels within the international trading community
are already underway. The United States, which has signed onto
the International Convention for the Prevention of Pollution
from Ships of 1973 (MARPOL 73/78), has ratified Annex VI-
regulations for the Prevention of Air Pollution from Ships.
Necessary implementing legislation has been passed by both the
House and the Senate. Joe Accardo, Jr., Executive Director of
the Ports Association of Louisiana suggested in his testimony
to the Environment and Public Works Committee on February 14,
2008 that ``if the ultimate goal of Congress is to achieve the
more restrictive standards proposed in S. 1499, we recommend
that this be achieved through amendments to Annex VI.'' The
U.S. EPA has been a strong leader in proposing stricter
emissions standards for oceangoing vessels under the MARPOL
Treaty Annex VI regulations.
In conclusion, S. 1499 would harm American shipping, from
our ports to our vessels. If this solution is not going to be
fixed locally, Congress should encourage adoption of the
international action agreed to in MARPOL Annex VI. The
stringent action and expedited compliance periods called for in
this legislation will ensure greater harm to the American
economy.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
CLEAN AIR ACT
* * * * * * *
Sec. 101. (a) The Congress finds--
(1) * * *
* * * * * * *
REGULATION OF FUELS
Sec. 211. (a) The Administrator may by regulation designate
any fuel or fuel additive (including any fuel or fuel additive
used exclusively in nonroad engines or nonroad vehicles) and,
after such date or dates as may be prescribed by him, no
manufacturer or processor of any such fuel or additive may
sell, offer for sale, or introduce into commerce such fuel or
additive unless the Administrator has registered such fuel or
additive in accordance with subsection (b) of this section.
(b)(1) * * *
* * * * * * *
(o) Renewable Fuel Program.--
(1) Definitions.--In this section:
(A) Cellulosic biomass ethanol.--The term
``cellulosic biomass ethanol'' means ethanol
derived from any lignocellulosic or
hemicellulosic matter that is available on a
renewable or recurring basis, including--
(i) * * *
* * * * * * *
(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.
[(r)] (u) Fuel and Fuel Additive Importers and Importation.--
For the purposes of this section, the term ``manufacturer''
includes an importer and the term ``manufacture'' includes
importation.
* * * * * * *
SEC. 213. NONROAD ENGINES AND VEHICLES.
(a) Emissions Standards.--(1) The Administrator shall conduct
a study of emissions from nonroad engines and nonroad vehicles
(other than locomotives or engines used in locomotives) to
determine if such emissions cause, or significantly contribute
to, air pollution which may reasonably be anticipated to
endanger public health or welfare. Such study shall be
completed within 12 months of the date of the enactment of the
Clean Air Act Amendments of 1990.
(2) * * *
* * * * * * *
(c) Safe Controls.--Effective with respect to new engines
or vehicles to which standards under this section apply, no
emission control device, system, or element of design shall be
used in such a new nonroad engine or new nonroad vehicle for
purposes of complying with such standards if such device,
system, or element of design will cause or contribute to an
unreasonable risk to public health, welfare, or safety in its
operation or function. In determining whether an unreasonable
risk exists, the Administrator shall consider factors including
those described in section 202(a)(4)(B).
(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.
* * * * * * *
[(d)] (f) Enforcement.--The standards under this section
shall be subject to sections 206, 207, 208, and 209, with such
modifications of the applicable regulations implementing such
sections as the Administrator deems appropriate, and shall be
enforced in the same manner as standards prescribed under
section 202. The Administrator shall revise or promulgate
regulations as may be necessary to determine compliance with,
and enforce, standards in effect under this section.
* * * * * * *