[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 122 STAT. 2611 Public Law 110-280 110th Congress An Act To amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI. [NOTE: July 21, 2008 - [H.R. 802]] Be it enacted by the Senate and House of Representatives of the United States of America in Congress [NOTE: Maritime Pollution Prevention Act of 2008. 33 USC 1901 note.] assembled, 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: [[Page 2612]] 122 STAT. 2612 ``(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 [[Page 2613]] 122 STAT. 2613 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) [NOTE: Certificates.] 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) [NOTE: Regulations.] 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) [NOTE: Consultation.] In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and [[Page 2614]] 122 STAT. 2614 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) [NOTE: Effective date. Notification.] 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) [NOTE: Regulations.] 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 (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. [[Page 2615]] 122 STAT. 2615 ``(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: [[Page 2616]] 122 STAT. 2616 ``(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). Approved July 21, 2008. LEGISLATIVE HISTORY--H.R. 802: --------------------------------------------------------------------------- HOUSE REPORTS: No. 110-54 (Comm. on Transportation). SENATE REPORTS: No. 110-394 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 153 (2007): Mar. 26, considered and passed House. Vol. 154 (2008): June 26, considered and passed Senate, amended. July 8, House concurred in Senate amendment.