514 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(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 insert-
ing ‘‘of this section’’; and 
(C) by striking ‘‘Protocol, including regula-
tions conforming to and giving effect to the re-
quirements of Annex V’’ and inserting ‘‘Pro-
tocol (or the applicable Annex), including regu-
lations conforming to and giving effect to the 
requirements of Annex V and Annex VI’’. 
SEC. 8454. 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; 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DUTY OF THE ADMINISTRATOR.—In addition to 
other duties specified in this Act, the Administrator and
515 
the Secretary, respectively, shall have the following duties 
and authorities: 
‘‘(1) The Administrator shall, and no other per-
son may, issue Engine International Air Pollution 
Prevention certificates in accordance with Annex VI 
and the International Maritime Organization’s Tech-
nical Code on Control of Emissions of Nitrogen Ox-
ides 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 Inter-
national Air Pollution Prevention certificates shall 
be consistent with any applicable requirements of 
the Clean Air Act (42 U.S.C. 7401 et seq.) or regu-
lations 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.’’; and 
(3) in subsection (c), as redesignated— 
(A) by redesignating paragraph (2) as 
paragraph (4);
516 
(B) by 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 sec-
tion, the Secretary and the Administrator shall consult 
with each other, and with respect to regulation 19, with 
the Secretary of the Interior.’’; and 
(C) by adding at the end the following: 
‘‘(5) No standard issued by any person or Federal 
authority, with respect to emissions from tank vessels sub-
ject 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 Sec-
retary.’’. 
SEC. 8455. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended— 
(1) in subsection (a) by striking ‘‘The Sec-
retary’’ 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
517 
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. 8456. 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 con-
sulting with appropriate Federal agencies, shall jointly 
prescribe regulations setting criteria for determining the 
adequacy of reception facilities for receiving ozone deplet-
ing 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 fa-
cilities, 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 sub-
stances, equipment containing such substances, and ex-
haust gas cleaning residues from ships are adequate.’’;
518 
(2) in subsection (b) by inserting ‘‘or the Ad-
ministrator’’ 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 gar-
bage, 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. 8457. 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,
519 
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 regula-
tions 17 and 18 of Annex VI to the Convention to the 
extent that shoreside violations are the subject of the ac-
tion and in any other matter referred to the Administrator 
by the Secretary.’’. 
SEC. 8458. AMENDMENTS TO THE PROTOCOL. 
Section 10(b) (33 U.S.C. 1909(b)) is amended by in-
serting ‘‘or the Administrator as provided for in this Act,’’ 
after ‘‘Secretary,’’. 
SEC. 8459. PENALTIES. 
Section 9 (33 U.S.C. 1908) is amended— 
(1) by striking ‘‘Protocol,,’’ each place it ap-
pears and inserting ‘‘Protocol,’’; 
(2) in subsection (b) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place it appears; 
(3) in subsection (b)(2), by inserting ‘‘, or the 
Administrator as provided for in this Act,’’ after 
‘‘Secretary’’;
520 
(4) in the matter after paragraph (2) of sub-
section (b)— 
(A) by inserting ‘‘, or the Administrator as 
provided for in this Act’’ after ‘‘Secretary’’ the 
first place it appears; and 
(B) by inserting ‘‘, or the Administrator as 
provided for in this Act,’’ after ‘‘Secretary’’ the 
second and third places it appears; 
(5) in subsection (c) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
(6) in subsection (f) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place appears. 
SEC. 8460. 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 au-
thorities, requirements, or remedies conferred by any 
other provision of law. Nothing in this Act shall limit, 
deny, amend, modify, or repeal any other authority, re-
quirement, or remedy available to the United States or
521 
any other person, except as expressly provided in this 
Act.’’. 
Subtitle E—Aviation 
SEC. 8501. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation, in coordination with the Administrator of the Envi-
ronmental Protection Agency, shall establish a pilot pro-
gram to carry out not more than 6 environmental mitiga-
tion demonstration projects at public-use airports. 
(b) GRANTS.—In implementing the program, the Sec-
retary may make a grant to the sponsor of a public-use 
airport 
from 
funds 
apportioned 
under 
section 
47117(e)(1)(A) of title 49, United States Code, to carry 
out an environmental mitigation demonstration project to 
measurably reduce or mitigate aviation impacts on noise, 
air quality, or water quality in the vicinity of the airport. 
(c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 
An environmental mitigation demonstration project that 
receives funds made available under this section may be 
considered an eligible airport-related project for purposes 
of section 40117 of such title. 
(d) SELECTION CRITERIA.—In selecting among ap-
plicants for participation in the program, the Secretary 
shall give priority consideration to applicants proposing to
522 
carry out environmental mitigation demonstration projects 
that will— 
(1) achieve the greatest reductions in aircraft 
noise, airport emissions, or airport water quality im-
pacts either on an absolute basis or on a per dollar 
of funds expended basis; and 
(2) be implemented by an eligible consortium. 
(e) FEDERAL SHARE.—Notwithstanding any provi-
sion of subchapter I of chapter 471 of such title, the 
United States Government share of allowable project costs 
of an environmental mitigation demonstration project car-
ried out under this section shall be 50 percent. 
(f) MAXIMUM AMOUNT.—The Secretary may not 
make grants for a single environmental mitigation dem-
onstration project under this section in a total amount 
that exceeds $2,500,000. 
(g) PUBLICATION OF INFORMATION.—The Secretary 
may develop and publish information on the results of en-
vironmental mitigation demonstration projects carried out 
under this section, including information identifying best 
practices for reducing or mitigating aviation impacts on 
noise, air quality, or water quality in the vicinity of air-
ports. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply:
523 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi-
ble consortium’’ means a consortium of 2 or more of 
the following entities: 
(A) A business incorporated in the United 
States. 
(B) A public or private educational or re-
search organization located in the United 
States. 
(C) An entity of a State or local govern-
ment. 
(D) A Federal laboratory. 
(2) ENVIRONMENTAL MITIGATION DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitiga-
tion demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport 
environmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstra-
tions; 
(B) utilizes methods for efficient adapta-
tion or integration of innovative concepts to air-
port operations; and 
(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied in research is—
527 
‘‘(5) such other factors as the Administrator 
determines appropriate. 
‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall 
be treated as being energy efficient for purposes of this 
section if— 
‘‘(1) the fixture or bulb is certified under the 
Energy Star program established by section 324A of 
the Energy Policy and Conservation Act (42 U.S.C. 
6294a); or 
‘‘(2) the Administrator has otherwise deter-
mined that the fixture or bulb is energy efficient. 
‘‘(e) APPLICABILITY OF BUY AMERICAN ACT.—Ac-
quisitions carried out pursuant to this section shall be sub-
ject to the requirements of the Buy American Act (41 
U.S.C. 10c et seq.). 
‘‘(f) EFFECTIVE DATE.—The requirements of sub-
sections (a) and (b) shall take effect one year after the 
date of enactment of this subsection.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
such chapter is amended by striking the items relat-
ing to sections 3313, 3314, and 3315 and inserting 
the following: 
‘‘3313. Use of energy efficient lighting fixtures and bulbs. 
‘‘3314. Maximum period for utility services contracts. 
‘‘3315. Delegation. 
‘‘3316. Report to Congress. 
‘‘3317. Certain authority not affected.’’.
559 
‘‘(3) BOILERS.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph 
(B), boilers manufactured on or after September 1, 
2012, shall meet the following requirements: 
Boiler Type 
Minimum Annual Fuel 
Utilization Efficiency 
Design Requirements 
Gas Hot Water ...............
82% 
No Constant Burning 
Pilot, Automatic Means 
for Adjusting Water 
Temperature 
Gas Steam ....................
80% 
No Constant Burning 
Pilot 
Oil Hot Water ................
84% 
Automatic Means for 
Adjusting Temperature 
Oil Steam ......................
82% 
None 
Electric Hot Water ........
None 
Automatic Means for 
Adjusting Temperature 
Electric Steam ...............
None 
None 
‘‘(B) AUTOMATIC
MEANS
FOR
ADJUSTING 
WATER TEMPERATURE.— 
‘‘(i) 
IN
GENERAL.—The 
manufacturer 
shall equip each gas, oil and electric hot water 
boiler, except boilers equipped with tankless do-
mestic water heating coils, with automatic 
means for adjusting the temperature of the 
water supplied by the boiler to ensure that an 
incremental change in inferred heat load pro-
560 
duces a corresponding incremental change in 
the temperature of water supplied. 
‘‘(ii) SINGLE INPUT RATE.—For a boiler 
that fires at one input rate this requirement 
may be satisfied by providing an automatic 
means that allows the burner or heating ele-
ment to fire only when such means has deter-
mined that the inferred heat load cannot be met 
by the residual heat of the water in the system. 
‘‘(iii) NO INFERRED HEAT LOAD.—When 
there is no inferred heat load with respect to a 
hot water boiler, the automatic means described 
in clause (i) and (ii) shall limit the temperature 
of the water in the boiler to not more than 140 
degrees Fahrenheit. 
‘‘(iv) OPERATION.—A boiler described in 
clause (i) or (ii) shall be operable only when the 
automatic means described in clauses (i), (ii), 
and (iii) is installed. 
‘‘(C) EXCEPTION.—Boilers that are manufac-
tured to operate without any need for electricity, any 
electric connection, any electric gauges, electric 
pumps, electric wires, or electric devices of any sort, 
shall not be required to meet the requirements of 
this section.’’.
561 
SEC. 9004. REGIONAL VARIATIONS IN HEATING OR COOL-
ING STANDARDS. 
(a) CONSUMER APPLIANCES.—Section 325(o) of the 
Energy Policy and Conservation Act (42 U.S.C. 6925(o)) 
is amended by adding at the end the following new para-
graph: 
‘‘(6)(A) The Secretary may establish regional stand-
ards for space heating and air conditioning products, other 
than window-unit air-conditioners and portable space 
heaters. For each space heating and air conditioning prod-
uct, the Secretary may establish a national minimum 
standard and two more stringent regional standards for 
regions determined to have significantly differing climatic 
conditions. Any standards set for any such region shall 
achieve the maximum level of energy savings that are tech-
nically feasible and economically justified within that re-
gion. As a preliminary step to determining the economic 
justifiability of establishing any such regional standard, 
the Secretary shall conduct a study involving stakeholders, 
including but not limited to a representative from the Na-
tional Institute of Standards and Technology; representa-
tives of nongovernmental advocacy organizations; rep-
resentatives of product manufacturers, distributors, and 
installers; representatives of the gas and electric utility in-
dustries; and such other individuals as the Secretary may 
designate. Such study shall determine the potential bene-
562 
fits and consequences of prescribing regional standards for 
heating and cooling products, and may, if favorable to 
such standards, constitute the evidence of economic justifi-
ability required under this Act. Regional boundaries shall 
follow State borders and only include contiguous States 
(except Alaska and Hawaii), except that on the request 
of a State, the Secretary may divide that State to include 
a part of that State in each of two regions. 
‘‘(B) If the Secretary establishes regional standards, 
it shall be unlawful under section 332 to offer for sale 
at retail, sell at retail, or install noncomplying products 
except within the specified regions. 
‘‘(C)(i) Except as provided in clause (ii), no product 
manufactured to a regional standard established pursuant 
to subparagraph (A) shall be distributed in commerce 
without a prominent label affixed to the product which in-
cludes at the top of the label, in print of not less than 
14-point type, the following: ‘It is a violation of Federal 
law for this product to be installed in any State outside 
the region shaded on the map printed on this label.’. 
Below this notice shall appear a map of the United States 
with clearly defined State boundaries and names, and with 
all States in which the product meets or exceeds the stand-
ard established pursuant to subparagraph (A) shaded in 
a color or a manner as to be easily visible without obscur-
563 
ing the State boundaries and names. Below the map shall 
be printed on each label the following: ‘It is a violation 
of Federal law for this label to be removed, except by the 
owner and legal resident of any single-family home in 
which this product is installed.’. 
‘‘(ii) A product manufactured that meets or exceeds 
all regional standards established under this paragraph 
shall bear a prominent label affixed to the product which 
includes at the top of the label, in print of not less than 
14-point type the following: ‘This product has achieved an 
energy efficiency rating under Federal law allowing its in-
stallation in any State.’. 
‘‘(D) Manufacturers of space heating and air condi-
tioning equipment subject to regional standards estab-
lished under this paragraph shall obtain and retain 
records on the intended installation locations of the equip-
ment sold, and shall make such records available to the 
Secretary on request.’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 342(a) of the 
Energy Policy and Conservation Act (42 U.S.C. 6313(a)) 
is amended by adding at the end the following new para-
graph: 
‘‘(10)(A) The Secretary may establish regional stand-
ards for space heating and air conditioning products sub-
ject to this subsection. For each space heating and air con-