I 
110TH CONGRESS 
1ST SESSION 
H. R. 802 
To amend the Act to Prevent Pollution from ships to implement MARPOL 
Annex VI. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2007 
Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Act to Prevent Pollution from ships to 
implement MARPOL Annex VI. 
Be it enacted by the Senate and House of Representa-
tives 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 2007’’. 
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 sec-
tion or other provision, the reference shall be considered 
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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), re-
spectively; 
(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 
substance’ and ‘incident’ ’’ and inserting ‘‘ ‘dis-
charge’, ‘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 
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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 para-
graph (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 Conven-
tion, 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 in the territorial sea 
of the United States as defined in Presidential 
Proclamation 5928 of December 27, 1988; 
‘‘(C) 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) an emission control area des-
ignated pursuant to section 4; or 
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‘‘(ii) any other area that the Adminis-
trator, in consultation with the Secretary, 
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; 
‘‘(D) 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 exclusive economic zone of the 
United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary, 
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 
‘‘(E) to the extent consistent with inter-
national law, to any other ship that is in— 
‘‘(i) the exclusive economic zone of the 
United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
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‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary, 
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)(1) by inserting ‘‘or (3)’’ 
after ‘‘paragraph (2)’’; 
(3) in subsection (b) by adding at the end the 
following: 
‘‘(3) With respect to Annex VI to the Administrator, 
or the Secretary, as relevant to their authorities pursuant 
to this Act, may determine that some or all of the require-
ments under this Act shall apply to one or more classes 
of public vessels in consultation with the Head of the De-
partment or Agency under which the vessels operate. This 
paragraph does not apply during time of war or during 
a declared national emergency.’’; 
(4) 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.’’; and 
(5) in subsection (e), as redesignated— 
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(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. 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-
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ides from Marine Diesel Engines, on behalf of the 
United States. 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. 
‘‘(3) The Secretary and the Administrator shall 
coordinate on the administration and enforcement of 
Annex VI to the Convention.’’; 
(2) in subsection (c), as redesignated, by redes-
ignating 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 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 
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(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 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. 6. 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 ‘‘A certificate’’ 
and inserting ‘‘Except as provided in section 4(b)(1), 
a certificate’’; 
(3) 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 
(4) 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— 
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(1) in subsection (a) by adding at the end the 
following: 
‘‘(3) The Secretary or the Administrator, after con-
sulting with appropriate Federal agencies, shall prescribe 
regulations setting criteria for determining the adequacy 
of reception facilities for receiving ozone depleting sub-
stances, 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 
ensure that reception facilities are available, in accordance 
with those regulations. The Secretary or the Adminis-
trator may prescribe regulations to certify, and may issue 
certificates to the effect, that a port’s or terminal’s facili-
ties for receiving ozone depleting substances, equipment 
containing such substances, and exhaust gas cleaning resi-
dues from ships are adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Ad-
ministrator’’ after ‘‘Secretary’’; 
(3) in subsection (c)(1) by inserting ‘‘or of this 
Act’’ after ‘‘Convention’’; 
(4) in subsection (e) by striking paragraph (2) 
and inserting the following: 
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‘‘(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.’’; 
(5) in subsection (f)(1) by striking ‘‘Secretary 
is’’ and inserting ‘‘Secretary and the Administrator 
are’’; and 
(6) 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. 
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‘‘(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. 9. 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. 10. PENALTIES. 
Section 9 (33 U.S.C. 1908) is amended— 
(1) by striking ‘‘Protocol,’’ each place it ap-
pears and inserting ‘‘Protocol,’’; 
(2) in subsections (b) and (f) by inserting ‘‘or 
the Administrator as provided for in this Act,’’ after 
‘‘Secretary’’ each place it appears; and 
(3) by striking ‘‘Secretary’’ the second and 
third places it appears in subsection (b) and each 
place it appears in subsection (c) and inserting 
‘‘Secretary, or the Administrator as provided for in 
this Act,’’. 
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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.’’. 
SEC. 12. MARPOL TECHNICAL CORRECTIONS. 
Subsections (a), (b), and (d) of section 9 (33 U.S.C. 
1908(a), (b), and (d)) are amended by striking the second 
comma after ‘‘MARPOL Protocol’’ each place it appears. 
Æ 
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