[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 802 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 802
To amend the Act to Prevent Pollution from ships to implement MARPOL
Annex VI.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2007
Mr. Oberstar (for himself and Mr. Cummings) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend the Act to Prevent Pollution from ships to implement MARPOL
Annex VI.
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 in the territorial sea of
the United States as defined in Presidential
Proclamation 5928 of December 27, 1988;
``(C) 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) an emission control area designated
pursuant to section 4; or
``(ii) any other area that the
Administrator, in consultation with the
Secretary, 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;
``(D) 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 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, 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
``(E) to the extent consistent with international
law, to any other ship that is in--
``(i) 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, 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)(1) by inserting ``or (3)'' after
``paragraph (2)'';
(3) in subsection (b) by adding at the end the following:
``(3) With respect to Annex VI to 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 in consultation with the
Head of the Department or Agency under which the vessels operate. This
paragraph does not apply during time of war or during a declared
national emergency.'';
(4) 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
(5) 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. 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 Secretary and the Administrator shall coordinate
on the administration and enforcement of Annex VI to 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 ``A certificate'' and
inserting ``Except as provided in section 4(b)(1), a
certificate'';
(3) 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
(4) 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 or the Administrator, after consulting with
appropriate Federal agencies, shall 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 or the
Administrator may 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 (c)(1) by inserting ``or of this Act''
after ``Convention'';
(4) 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.'';
(5) in subsection (f)(1) by striking ``Secretary is'' and
inserting ``Secretary and the Administrator are''; and
(6) 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 subsections (b) and (f) by inserting ``or the
Administrator as provided for in this Act,'' after
``Secretary'' each place it appears; and
(3) by striking ``Secretary'' the second and third places
it appears in subsection (b) and each place it appears in
subsection (c) and inserting ``Secretary, or the Administrator
as provided for in this Act,''.
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. MARPOL TECHNICAL CORRECTIONS.
Subsections (a), (b), and (d) of section 9 (33 U.S.C. 1908(a), (b),
and (d)) are amended by striking the second comma after ``MARPOL
Protocol'' each place it appears.
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