PUBLIC LAW 110–280—JULY 21, 2008 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. 

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 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: 

Maritime 

Pollution 

Prevention Act 

of 2008. 

33 USC 1901 

note. 

July 21, 2008 

[H.R. 802] 


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122 STAT. 2612 PUBLIC LAW 110–280—JULY 21, 2008 

‘‘(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 


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PUBLIC LAW 110–280—JULY 21, 2008 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) 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 Consultation. 

Regulations. 

Certificates. 


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122 STAT. 2614 PUBLIC LAW 110–280—JULY 21, 2008 

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. 

Regulations. 

Effective date. 

Notification. 


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‘‘(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: 


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122 STAT. 2616 PUBLIC LAW 110–280—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. 

Æ 

‘‘(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. 


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