Maritime Pollution Prevention Act of 2008

Bill: 110-hr-802
Sponsor: Rep. Oberstar, James L. [D-MN-8]
Introduced: 2007-02-05 in the House
Policy area: Transportation and Public Works
Subjects: Administrative procedure
Air pollution control
Antarctic regions
Department of Homeland Security
Diesel motor
Environmental Protection
Environmental Protection Agency
Environmental health
Environmental law enforcement
Fines (Penalties)
Government Operations and Politics
Government paperwork
Health
International Affairs
International agencies
International environmental cooperation
Law
Licenses
Marine and coastal resources, fisheries
Marine engines
Marine pollution
Marine terminals
Merchant ships
Nitrogen oxides
Ozone layer depletion
Public health
Shipbuilding
Ships
Standards
Tankers
Territorial waters
Transboundary pollution
Treaties
Waste disposal in rivers, lakes, etc.
Waste disposal in the ocean
Water pollution control

Summary:
action_date: 2007-02-05
text: 
Maritime Pollution Prevention Act of 2007 - Amends the Act to Prevent Pollution from Ships (Act) to apply (with regard to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973) federal law relating to the prevention of pollution from ships to certain foreign ships. Allows the Secretary of the department in which the Coast Guard is operating or the Administrator of the Environmental Protection Agency (EPA) to apply those provisions of federal law to one or more classes of public vessels operated under the authority of a federal department or agency. Applies the Act to all persons as necessary to ensure compliance with Annex VI to the Convention.
 
Limits to the Administrator, on behalf of the United States, issuance of Engine International Air Pollution Prevention certificates in accordance with Annex VI to the Convention and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines. Gives a certificate issued by a country that is a party to the MARPOL Protocol (the Protocol of 1978 relating to and including the Convention) the same validity as a certificate issued by the Secretary or the Administrator.
 
Requires ports and terminals to ensure the availability of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues.
 
Authorizes the Secretary to inspect ships to verify compliance and authorizes enforcement actions.
 
Authorizes the Secretary of State, after consulting with the Secretary or the Administrator, to act for the United States on amendments concerning the Protocol or related documents.

action_date: 2007-03-20
text: 
Maritime Pollution Prevention Act of 2007 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in U.S. navigable waters; (2) 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 an emission control or other specified area; (3) 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 an emission control or other specified area; and (4) to the extent consistent with international law, to any other ship that is in the U.S. exclusive economic zone or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority.
 
(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to 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 documented U.S. vessel.
 
 
(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.
 
(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to 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. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.
 
(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.
 
(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments.
 
(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.

action_date: 2007-03-26
text: 
Maritime Pollution Prevention Act of 2007 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) 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 navigable U.S. waters, an emission control, or other specified area; (3) 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 navigable U.S. waters, an emission control, or other specified area; and (4) to the extent consistent with international law, to any other ship that is in the U.S. exclusive economic zone or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority.
 
(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to 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 documented U.S. vessel.
 
(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.
 
(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to 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. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.
 
(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.
 
(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments.
 
(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.

action_date: 2008-06-26
text: 
Maritime Pollution Prevention Act of 2008 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) 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 navigable U.S. waters or the U.S. Exclusive Economic Zone (EEZ), an emission control, or other specified area; (3) a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI and is in navigable U.S. waters or the EEZ, an emission control, or other specified area; and (4) any other ship to the extent that, and in the same manner as, such ship may be boarded to implement or enforce any other U.S. law or Annex I, II, or V of the Convention, and that is in the EEZ or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority. Prohibits construing provisions relating to ships that are subject to preventive measures to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U.S. law, treaty, convention, or customary international law.
 
(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to 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 documented U.S. vessel.
 
(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.
 
(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to 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. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.
 
(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.
 
(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments, including proposed amendments to Annex VI to the Protocol.
 
(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.
 
(Sec. 12) Allows any person having an interest which is, or can be, adversely affected to bring an action on his own behalf against the Administrator for a failure to perform any nondiscretionary act or duty.

action_date: 2008-07-08
text: 

(This measure has not been amended since it was passed by the Senate on June 26, 2008. The summary of that version is repeated here.)

 
Maritime Pollution Prevention Act of 2008 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) 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 navigable U.S. waters or the U.S. Exclusive Economic Zone (EEZ), an emission control, or other specified area; (3) a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI and is in navigable U.S. waters or the EEZ, an emission control, or other specified area; and (4) any other ship to the extent that, and in the same manner as, such ship may be boarded to implement or enforce any other U.S. law or Annex I, II, or V of the Convention, and that is in the EEZ or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority. Prohibits construing provisions relating to ships that are subject to preventive measures to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U.S. law, treaty, convention, or customary international law.
 
(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to 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 documented U.S. vessel.
 
(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.
 
(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to 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. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.
 
(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.
 
(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments, including proposed amendments to Annex VI to the Protocol.
 
(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.
 
(Sec. 12) Allows any person having an interest which is, or can be, adversely affected to bring an action on his own behalf against the Administrator for a failure to perform any nondiscretionary act or duty.


Legislative actions:
action_date: 2008-07-21
text: Became Public Law No: 110-280.
action_date: 2008-07-21
text: Became Public Law No: 110-280.
action_date: 2008-07-21
text: Signed by President.
action_date: 2008-07-21
text: Signed by President.
action_date: 2008-07-10
text: Presented to President.
action_date: 2008-07-10
text: Presented to President.
action_date: 2008-07-08
text: Cleared for White House.
action_date: 2008-07-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-07-08
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H6191-6196; text as House agreed to Senate amendment: CR H6191-6192)
action_date: 2008-07-08
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(consideration: CR H6191-6196; text as House agreed to Senate amendment: CR H6191-6192)
action_date: 2008-07-08
text: DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 802.
action_date: 2008-07-08
text: Mr. Oberstar moved that the House suspend the rules and agree to the Senate amendment.
action_date: 2008-06-27
text: Message on Senate action sent to the House.
action_date: 2008-06-26
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S6303-6304; text as passed Senate: CR S6303-6304)
action_date: 2008-06-26
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S6303-6304; text as passed Senate: CR S6303-6304)
action_date: 2008-06-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 828.
action_date: 2008-06-23
text: Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-394.
action_date: 2008-06-23
text: Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-394.
action_date: 2008-04-24
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2007-03-28
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2007-03-27
text: Received in the Senate.
action_date: 2007-03-26
text: The title of the measure was amended. Agreed to without objection.
action_date: 2007-03-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-03-26
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 359 - 48 (Roll no. 187). (text: CR H3025-3026)
action_date: 2007-03-26
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 359 - 48 (Roll no. 187).(text: CR H3025-3026)
action_date: 2007-03-26
text: Considered as unfinished business. (consideration: CR H3053)
action_date: 2007-03-26
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2007-03-26
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 802.
action_date: 2007-03-26
text: Considered under suspension of the rules. (consideration: CR H3025-3028)
action_date: 2007-03-26
text: Mr. Cummings moved to suspend the rules and pass the bill, as amended.
action_date: 2007-03-20
text: Placed on the Union Calendar, Calendar No. 25.
action_date: 2007-03-20
text: Reported (Amended) by the Committee on Transportation. H. Rept. 110-54.
action_date: 2007-03-20
text: Reported (Amended) by the Committee on Transportation. H. Rept. 110-54.
action_date: 2007-02-07
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2007-02-07
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-02-05
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2007-02-05
text: Sponsor introductory remarks on measure. (CR E257-258)
action_date: 2007-02-05
text: Introduced in House
action_date: 2007-02-05
text: Introduced in House

Enacted as: number: 110-280