(1) by striking ‘‘Protocol,,’’ each place it ap-
pears 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 Adminis-
trator as provided for in this Act’’ after 
‘‘Secretary’’ the first place it appears; and 
(ii) by inserting ‘‘, or the Adminis-
trator as provided for in this Act,’’ after 
‘‘Secretary’’ the second and third places it 
appears; 
(3) in subsection (c), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
(4) in subsection (f), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place appears. 
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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 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 
any other person, except as expressly provided in this 
Act.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Maritime Pollution Pre-
vention Act of 2008’’. 
SEC. 2. REFERENCES. 
Wherever in this Act an amendment or repeal is ex-
pressed 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; 
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(2) by inserting before paragraph (2) (as so re-
designated) 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 sub-
stance’ and ‘incident’ ’’ and inserting ‘‘ ‘discharge’, 
‘emission’, ‘garbage’, ‘harmful substance’, and ‘inci-
dent’ ’’; and 
(5) by redesignating paragraphs (7) through (13) 
(as redesignated) as paragraphs (8) through (14), re-
spectively, and inserting after paragraph (6) (as re-
designated) 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 in-
ternal 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 para-
graph (3); 
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(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 depart-
ing from, a port, shipyard, offshore terminal, or 
the internal waters of the United States, and is 
in— 
‘‘(i) the navigable waters or the exclu-
sive economic zone of the United States; 
‘‘(ii) an emission control area des-
ignated pursuant to section 4; or 
‘‘(iii) any other area that the Adminis-
trator, 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 protec-
tion of public health, welfare, or the envi-
ronment; 
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‘‘(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 exclu-
sive economic zone of the United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Adminis-
trator, 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 protec-
tion of public health, welfare, or the envi-
ronment; 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; 
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‘‘(iii) an emission control area des-
ignated under section 4; or 
‘‘(iv) any other area that the Adminis-
trator, 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 protec-
tion of public health, welfare, or the envi-
ronment.’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘para-
graph (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 Adminis-
trator 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.’’; 
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(3) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively, and in-
serting 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, con-
sistent with section 4 of this Act,’’ after ‘‘Sec-
retary’’; 
(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 ‘‘Protocol 
(or the applicable Annex), including regulations 
conforming to and giving effect to the require-
ments 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 inter-
national law navigational rights and freedoms as defined 
by United States law, treaty, convention, or customary 
international law.’’. 
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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 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 International 
Air Pollution Prevention certificates shall be con-
sistent 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. 
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‘‘(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 redesig-
nating paragraph (2) as paragraph (4), and insert-
ing 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 re-
designated, the following: 
‘‘(5) No standard issued by any person or Federal au-
thority, 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 Sec-
retary.’’. 
SEC. 6. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended— 
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(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 con-
sulting with appropriate Federal agencies, shall jointly pre-
scribe regulations setting criteria for determining the ade-
quacy of reception facilities for receiving ozone depleting 
substances, equipment containing such substances, and ex-
haust gas cleaning residues at a port or terminal, and stat-
ing any additional measures and requirements as are ap-
propriate to ensure such adequacy. Persons in charge of 
ports and terminals shall provide reception facilities, or en-
sure that reception facilities are available, in accordance 
with those regulations. The Secretary and the Adminis-
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trator 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, equip-
ment containing such substances, and exhaust gas cleaning 
residues from ships are adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Admin-
istrator’’ 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 sub-
stances, or exhaust gas cleaning residues, if the port or ter-
minal 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: 
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‘‘(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 Sec-
retary.’’. 
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 pro-
vided for in this Act,’’ after ‘‘Secretary,’’. 
SEC. 10. PENALTIES. 
Section 9 (33 U.S.C. 1908) is amended— 
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