[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.