To amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI.

Summary: Maritime Pollution Prevention Act of 2008 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) 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 navigable U.S. waters or the U.S. Exclusive Economic Zone (EEZ), an emission control, or other specified area; (3) a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI and is in navigable U.S. waters or the EEZ, an emission control, or other specified area; and (4) any other ship to the extent that, and in the same manner as, such ship may be boarded to implement or enforce any other U.S. law or Annex I, II, or V of the Convention, and that is in the EEZ or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority. Prohibits construing provisions relating to ships that are subject to preventive measures to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U.S. law, treaty, convention, or customary international law.

(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to 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 documented U.S. vessel.

(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.

(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to 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. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.

(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.

(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments, including proposed amendments to Annex VI to the Protocol.

(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.

(Sec. 12) Allows any person having an interest which is, or can be, adversely affected to bring an action on his own behalf against the Administrator for a failure to perform any nondiscretionary act or duty.

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'';
        (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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.