Maritime Pollution Prevention Act of 2008
PL 110-280 (H.R.802), enacted 07/21/2008

122 STAT. 2611 
PUBLIC LAW 110–280—JULY 21, 2008 
Public Law 110–280 
110th Congress 
An Act 
To amend the Act to Prevent Pollution from Ships to implement MARPOL Annex 
VI. 
Be it enacted by the Senate and House of Representatives 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 2008’’. 
SEC. 2. REFERENCES. 
Wherever in this Act an amendment or repeal is expressed 
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; 
(2) by inserting before paragraph (2) (as so redesignated) 
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 ‘‘ ‘dis-
charge’ and ‘garbage’ and ‘harmful substance’ and ‘incident’ ’’ 
and inserting ‘‘ ‘discharge’, ‘emission’, ‘garbage’, ‘harmful sub-
stance’, 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 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 paragraph (3); 
(B) by striking the period at the end of paragraph 
(4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
Maritime 
Pollution 
Prevention Act 
of 2008. 
33 USC 1901 
note. 
July 21, 2008 
[H.R. 802] 
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122 STAT. 2612 
PUBLIC LAW 110–280—JULY 21, 2008 
‘‘(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 departing from, 
a port, shipyard, offshore terminal, or the internal waters 
of the United States, and is in— 
‘‘(i) the navigable waters or the exclusive economic 
zone of the United States; 
‘‘(ii) an emission control area designated pursuant 
to section 4; or 
‘‘(iii) any other area that the Administrator, 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 protection of public 
health, welfare, or the environment; 
‘‘(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 exclusive economic 
zone of the United States; 
‘‘(ii) an emission control area designated under 
section 4; or 
‘‘(iii) any other area that the Administrator, 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 protection of public 
health, welfare, or the environment; 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; 
‘‘(iii) an emission control area designated under 
section 4; or 
‘‘(iv) any other area that the Administrator, 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 protection of public 
health, welfare, or the environment.’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘paragraph (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 Sec-
retary, 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 Administrator shall have no effect 
unless the head of the Department or agency under which the 
vessels operate concurs in the determination. This paragraph does 
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122 STAT. 2613 
PUBLIC LAW 110–280—JULY 21, 2008 
not apply during time of war or during a declared national emer-
gency.’’; 
(3) by redesignating subsections (c) through (g) as sub-
sections (d) through (h), respectively, and inserting after sub-
section (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, consistent with 
section 4 of this Act,’’ after ‘‘Secretary’’; 
(B) by striking ‘‘of section (3),’’ and inserting ‘‘of this 
section,’’; and 
(C) by striking ‘‘Protocol, including regulations con-
forming to and giving effect to the requirements of Annex 
V’’ and inserting ‘‘Protocol (or the applicable Annex), 
including regulations conforming to and giving effect to 
the requirements 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 con-
strued to restrict in a manner inconsistent with international law 
navigational rights and freedoms as defined by United States law, 
treaty, convention, or customary international law.’’. 
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, respec-
tively, shall have the following duties and authorities: 
‘‘(1) The Administrator shall, and no other person may, 
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 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 consistent 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 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 redesignating para-
graph (2) as paragraph (4), and 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 section, the Sec-
retary and the Administrator shall consult with each other, and 
Consultation. 
Regulations. 
Certificates. 
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122 STAT. 2614 
PUBLIC LAW 110–280—JULY 21, 2008 
with respect to regulation 19, with the Secretary of the Interior.’’; 
and 
(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 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 Secretary.’’. 
SEC. 6. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended— 
(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 consulting with 
appropriate Federal agencies, shall jointly 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 appro-
priate 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 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 substances, 
equipment containing such substances, and exhaust gas cleaning 
residues from ships are adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Administrator’’ 
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 regula-
tions prescribed under this section relating to the provision of 
adequate reception facilities for garbage, ozone depleting sub-
stances, 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. 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. 
Regulations. 
Effective date. 
Notification. 
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122 STAT. 2615 
PUBLIC LAW 110–280—JULY 21, 2008 
‘‘(2) If an inspection under this subsection or any other informa-
tion 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 Secretary.’’. 
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 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 appears 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 Adminis-
trator as provided for in this Act,’’ after ‘‘Secretary’’; and 
(C) in the matter after paragraph (2)— 
(i) by inserting ‘‘or the Administrator as provided 
for in this Act’’ after ‘‘Secretary,’’ the first place it 
appears; and 
(ii) by inserting ‘‘, or the Administrator as provided 
for in this Act,’’ after ‘‘Secretary’’ the second and third 
places it appears; 
(3) in subsection (c), by inserting ‘‘, or the Administrator 
as provided for in this Act,’’ after ‘‘Secretary’’ each place it 
appears; and 
(4) in subsection (f), by inserting ‘‘or the Administrator 
as provided for in this Act’’ after ‘‘Secretary,’’ the first place 
appears. 
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 supple-
ment and neither amend nor repeal any other authorities, require-
ments, or remedies conferred by any other provision of law. Nothing 
in this Act shall limit, deny, amend, modify, or repeal any other 
authority, requirement, or remedy available to the United States 
or any other person, except as expressly provided in this Act.’’. 
SEC. 12. LEGAL ACTIONS. 
Section 11 (33 U.S.C. 1910) is amended— 
(1) by redesignating paragraph (3) of subsection (a) as 
paragraph (4), and inserting after paragraph (2) the following: 
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122 STAT. 2616 
PUBLIC LAW 110–280—JULY 21, 2008 
LEGISLATIVE HISTORY—H.R. 802: 
HOUSE REPORTS: No. 110–54 (Comm. on Transportation). 
SENATE REPORTS: No. 110–394 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): Mar. 26, considered and passed House. 
Vol. 154 (2008): June 26, considered and passed Senate, amended. 
July 8, House concurred in Senate amendment. 
‘‘(3) against the Administrator where there is alleged a 
failure of the Administrator to perform any act or duty under 
this Act which is not discretionary; or’’; 
(2) by striking ‘‘concerned,’’ in subsection (b)(1) and 
inserting ‘‘concerned or the Administrator,’’; and 
(3) by inserting ‘‘or the Administrator’’ after ‘‘Secretary’’ 
in subsection (b)(2). 
Approved July 21, 2008. 
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