II 

110TH CONGRESS 

1ST SESSION S. 1499 

To amend the Clean Air Act to reduce air pollution from marine vessels. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Clean Air Act to reduce air pollution from 

marine vessels. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marine Vessel Emis5 sions Reduction Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) emissions of air pollutants from marine ves9 sels contribute significantly to dangerous air pollu10 tion in many areas in the United States; 


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1 (2) current levels of control on those emissions 

2 are not adequate to protect air quality and public 

3 health; 

4 (3) to protect air quality and public health, ef5 forts by State and local governments to control emis6 sions from marine vessels must be augmented by the 

7 Federal Government; 

8 (4) although the Environmental Protection 

9 Agency may require additional controls on domestic 

10 and international marine vessels entering United 

11 States ports, significant emission reductions must be 

12 achieved in the near future; and 

13 (5) it is urgent and necessary to require the 

14 Administrator of the Environmental Protection 

15 Agency to establish standards to reduce emissions of 

16 air pollutants from marine vessels in a sufficient pe17 riod of time to allow all areas in the United States 

18 to meet air quality standards in accordance with ap19 plicable deadlines. 

20 SEC. 3. MARINE VESSEL FUEL SULFUR. 

21 Section 211 of the Clean Air Act (42 U.S.C. 7545) 

22 is amended— 

23 (1) by redesignating the first subsection (r) (re24 lating to fuel and fuel additive importers and imporVerDate Aug 31 2005 20:27 May 27, 2007 Jkt 059196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1499.IS S1499

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1 tation) as subsection (u) and moving that subsection 

2 so as to appear at the end of the section; and 

3 (2) by inserting after subsection (o) the fol4 lowing: 

5 ‘‘(p) MARINE VESSEL FUEL SULFUR.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

7 not later than December 15, 2008, the Adminis8 trator shall promulgate regulations that, effective be9 ginning on December 31, 2010, require marine ves10 sels described in paragraph (2) to use fuel that con11 tains not more than 1,000 parts per million of sulfur 

12 in the main and auxiliary engines of the vessels. 

13 ‘‘(2) APPLICABILITY.—The regulations promul14 gated pursuant to paragraph (1) shall apply to all 

15 marine vessels, including any vessel flagged in a 

16 country other than the United States, at any time 

17 at which the vessels are, on entering or leaving a 

18 port or offshore terminal of the United States— 

19 ‘‘(A) within 200 miles of the west coast of 

20 the continental United States; and 

21 ‘‘(B) within such distance of the east coast 

22 or Gulf coast of the United States, or the 

23 shoreline of the Great Lakes or St. Lawrence 

24 Seaway, as the Administrator determines to be 


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1 appropriate for the purpose of protecting public 

2 health and the environment. 

3 ‘‘(3) INTERIM REQUIREMENT.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding the 

5 requirement of paragraph (1), the Adminis6 trator may promulgate regulations under that 

7 paragraph that permit marine vessel fuel sulfur 

8 content in excess of 1,000 parts per million if 

9 the Administrator determines that compliance 

10 with the requirement of paragraph (1) is not 

11 technically feasible by December 31, 2010. 

12 ‘‘(B) REGULATIONS.—If the Administrator 

13 makes a determination described in subpara14 graph (A), the Administrator shall promulgate 

15 regulations that require marine vessels— 

16 ‘‘(i) beginning on December 31, 2010, 

17 to use fuel that contains— 

18 ‘‘(I) the lowest quantity of sulfur 

19 that is technically feasible by that 

20 date; and 

21 ‘‘(II) in no event a quantity of 

22 sulfur in excess of 2,000 parts per 

23 million; and 

24 ‘‘(ii) to achieve compliance with the 

25 requirement of paragraph (1) on the earVerDate Aug 31 2005 20:27 May 27, 2007 Jkt 059196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1499.IS S1499

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1 liest practicable date by which compliance 

2 is technically feasible. 

3 ‘‘(4) ALTERNATIVE COMPLIANCE MECHA4 NISM.—The Administrator may provide for an alter5 native mechanism of compliance under this sub6 section for a marine vessel if the Administrator de7 termines that— 

8 ‘‘(A) the vessel employs a control tech9 nology that reduces emissions from the vessel of 

10 sulfur oxides and particulate matter to at least 

11 the same degree as the reduction that would be 

12 achieved by the vessel through compliance with 

13 the applicable fuel sulfur content limitation 

14 under this subsection; and 

15 ‘‘(B) the emission reductions achieved as 

16 described in subparagraph (A) are in addition 

17 to any reductions required to achieve compli18 ance with an applicable engine emission stand19 ard issued by the Administrator or the head of 

20 another Federal agency. 

21 ‘‘(5) NO EFFECT ON OTHER AUTHORITY.— 

22 Nothing in this subsection limits or otherwise affects 

23 any authority of the Administrator to regulate fuels 

24 or fuel additives for use in marine vessels or any 


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1 other nonroad vehicle or engine under this Act or 

2 any other provision of law.’’. 

3 SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS. 

4 Section 213 of the Clean Air Act (42 U.S.C. 7547) 

5 is amended— 

6 (1) by redesignating subsection (d) as sub7 section (f); and 

8 (2) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) ADVANCED MARINE VESSEL EMISSION CON11 TROLS.— 

12 ‘‘(1) STANDARDS FOR OCEANGOING VESSELS.— 

13 ‘‘(A) IN GENERAL.—Not later than De14 cember 15, 2008, the Administrator shall pro15 mulgate, and from time to time revise, regula16 tions that establish standards for emissions of 

17 oxides of nitrogen, particulate matter, hydro18 carbons, and carbon monoxide from newly-man19 ufactured and in-use main and auxiliary en20 gines in oceangoing marine vessels that enter or 

21 leave a port or offshore terminal of the United 

22 States. 

23 ‘‘(B) REQUIREMENT.—The standards 

24 under subparagraph (A) shall require, effective 

25 beginning on January 1, 2012, that the engines 


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1 described in that subparagraph achieve the 

2 greatest degree of emission reduction achievable 

3 through the application of technology that the 

4 Administrator determines, in accordance with 

5 this paragraph, will be available for the affected 

6 engines. 

7 ‘‘(C) ADDITIONAL FACTORS FOR CONSID8 ERATION.— 

9 ‘‘(i) IN GENERAL.—In promulgating a 

10 standard under this paragraph, the Admin11 istrator shall take into consideration— 

12 ‘‘(I) whether the engine is newly13 manufactured or in-use (and, if the 

14 engine is in-use, the age of the en15 gine); 

16 ‘‘(II) the cost of applying an 

17 emission reduction technology in a pe18 riod of time sufficient to achieve com19 pliance with the standard; 

20 ‘‘(III) noise, energy, and safety 

21 factors associated with the application 

22 of the technology; and 

23 ‘‘(IV) the feasibility, benefits, 

24 and costs of requiring— 


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1 ‘‘(aa) the maximum level of 

2 control required by regulations 

3 applicable to on-road, nonroad, 

4 and stationary engines; and 

5 ‘‘(bb) the maximum level of 

6 control achieved by sources from 

7 which control technologies may 

8 be transferred, including sources 

9 that use advanced aftertreatment 

10 technologies. 

11 ‘‘(ii) DETERMINATION.— 

12 ‘‘(I) IN GENERAL.—If the Ad13 ministrator determines, after consider14 ation of the factors described in clause 

15 (i), that a maximum level of control 

16 described in clause (i)(IV) will not be 

17 technically achievable by January 1, 

18 2012, the Administrator shall promul19 gate standards under subparagraph 

20 (A) that require the maximum level of 

21 control that the Administrator deter22 mines will be technically achievable by 

23 that date. 

24 ‘‘(II) ADDITIONAL STANDARDS.— 

25 If the Administrator makes a deterVerDate Aug 31 2005 20:27 May 27, 2007 Jkt 059196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1499.IS S1499

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1 mination under subclause (I), the Ad2 ministrator shall promulgate addi3 tional standards under subparagraph 

4 (A) that require, effective beginning 

5 on January 1, 2016— 

6 ‘‘(aa) the maximum level of 

7 control described in clause 

8 (i)(IV); or 

9 ‘‘(bb) if the Administrator 

10 determines, after consideration of 

11 the factors described in clause 

12 (i), that a maximum level of con13 trol described in subclause (IV) 

14 of that clause is not technically 

15 achievable by January 1, 2016, 

16 the maximum level of control 

17 that the Administrator deter18 mines will be technically achiev19 able by that date. 

20 ‘‘(2) APPLICABILITY.—Standards applicable to 

21 marine engines and marine vessels promulgated 

22 under this section shall be applicable to vessels that 

23 enter or leave a port or offshore terminal of the 

24 United States, including vessels flagged in any coun25 try other than the United States. 


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1 ‘‘(3) ENFORCEMENT.— 

2 ‘‘(A) IN GENERAL.—The standards estab3 lished under this subsection shall be enforced in 

4 accordance with subsection (f). 

5 ‘‘(B) ENFORCEMENT AGAINST CERTAIN

6 PERSONS.—At the discretion of the Adminis7 trator, any standard established under this sub8 section relating to in-use engines may be en9 forced against— 

10 ‘‘(i) the owner or operator of an in11 use engine; 

12 ‘‘(ii) any person that rebuilds or 

13 maintains an in-use engine; or 

14 ‘‘(iii) such other person as the Admin15 istrator determines to be appropriate. 

16 ‘‘(4) NO EFFECT ON OTHER AUTHORITY.— 

17 Nothing in this subsection limits or otherwise affects 

18 any authority of the Administrator to regulate emis19 sions of engines in marine vessels under this Act or 

20 any other provision of law.’’. 

Æ 


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