H.R. 4668 (103rd): Marine Plastic Pollution Research and Control Act of 1994

103rd Congress, 1993–1994. Text as of Jun 28, 1994 (Introduced).

Status & Summary | PDF | Source: GPO

HR 4668 IH

103d CONGRESS

2d Session

H. R. 4668

To make improvements in the protection of coastal waters, to enhance implementation of the Marine Plastic Pollution Research and Control Act of 1987, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 28, 1994

Mr. HUGHES (for himself and Mr. PALLONE) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries


A BILL

To make improvements in the protection of coastal waters, to enhance implementation of the Marine Plastic Pollution Research and Control Act of 1987, and for other purposes.

    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 ‘Marine Plastic Pollution Research and Control Act of 1994’.

SEC. 2. POLLUTION FROM SHIPS.

    (a) DEFINITION OF OPERATOR-

      (1) IN GENERAL- Subparagraph (B) of section 2(a)(5) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(5)(b)) is amended by striking ‘, except the owner’ and all that follows through the end of the subparagraph and inserting the following: ‘who by law, lease, contract, or other arrangement, provides a berth at a port or terminal or other mooring arrangement for the ship to transfer cargo to or from shore;’.

      (2) TECHNICAL AMENDMENTS- Section 6 of such Act (33 U.S.C. 1905) is amended--

        (A) in subsection (a)--

          (i) in paragraph (1), by striking ‘a person in charge’ and inserting ‘an operator’; and

          (ii) in the second sentence of paragraph (2), by striking ‘Persons in charge’ and inserting ‘Operators’; and

        (B) in subsection (c)(2), by striking ‘person in charge’ and inserting ‘operator’.

    (b) PREVENTION OF POLLUTION FROM SHIPS-

      (1) IN GENERAL- Section 6 of such Act (33 U.S.C. 1905) is amended--

        (A) in subsection (c)--

          (i) in paragraph (2)--

            (I) by striking ‘(2) If’ and inserting the following: ‘(2)(A) Subject to subparagraph (B), if’; and

            (II) by adding at the end the following new subparagraph:

    ‘(B) The Secretary may issue a certificate attesting to the adequacy of reception facilities under this paragraph only if, prior to the issuance of the certificate, the Secretary conducts an inspection of the reception facilities of the port or terminal that is the subject of the certificate.’; and

          (ii) in paragraph (3), by striking subparagraph (A) and inserting the following new subparagraph:

      ‘(A) is valid for the 5-year period beginning on the date of issuance of the certificate, except that if--

        ‘(i) the charge for operation of the port or terminal is transferred to a person or entity other than the person or entity that is the operator on the date of issuance of the certificate--

          ‘(I) the certificate shall expire on the date that is 30 days after the date of the transfer; and

          ‘(II) the new operator shall be required to submit an application for a certificate before a certificate may be issued for the port or terminal; or

        ‘(ii) the certificate is suspended or revoked by the Secretary, the certificate shall cease to be valid; and’;

        (B) by striking subsection (d) and inserting the following new subsection:

    ‘(d)(1) The Secretary shall maintain a list of ports or terminals with respect to which a certificate issued under this section--

      ‘(A) is in effect; or

      ‘(B) has been revoked or suspended.

    ‘(2) The Secretary shall make the list referred to in paragraph (1) available to the general public.’;

        (C) in subsection (e)--

          (i) in paragraph (1), by striking ‘Except in the case’ and inserting ‘Except as provided in paragraph (3) and in the case’;

          (ii) in paragraph (2), by striking ‘The Secretary’ and inserting ‘Except as provided in paragraph (3), the Secretary’; and

          (iii) by adding at the end the following new paragraph:

    ‘(3)(A) Not later than 18 months after the date of enactment of this paragraph, the Secretary shall, by regulation, establish a procedure by which the Secretary may assess a civil penalty against the operator of a port or terminal in lieu of denying the entry of a ship to the port or terminal pursuant to paragraph (1) or (2).

    ‘(B) The amount of a penalty referred to in subparagraph (A) shall not exceed the maximum amount allowable per day of violation that the Secretary may assess under this Act.

    ‘(C) If a port or terminal remains in violation of an applicable requirement of a regulation referred to in paragraph (1) or (2) on the date that is 30 days after the date on which the Secretary initially determines that the port or terminal is in violation of an applicable requirement of a regulation, the Secretary shall revoke the certificate of the port or terminal.

    ‘(D) In addition to carrying out the duties specified in subparagraphs (A) through (C), not later than 18 months after the date of enactment of this paragraph, the Secretary shall develop, and issue regulations for, revocation and reinstatement procedures that the Secretary shall apply in carrying out this paragraph.’;

        (D) in subsection (f)--

          (i) by inserting ‘(1)’ before ‘The Secretary’; and

          (ii) by adding at the end the following new paragraph:

    ‘(2)(A) Not later than 18 months after the date of enactment of this paragraph, the Secretary shall promulgate regulations that require the operator of each port or terminal that is subject to any requirement of the MARPOL Protocol relating to reception facilities to post a placard in a location that can easily be seen by port and terminal users. The placard shall state, at a minimum, that a user of a reception facility of the port or terminal should report to the Secretary any inadequacy of the reception facility.

    ‘(B) The Secretary shall promulgate regulations to carry out this paragraph, including specifications for the placards referred to in subparagraph (A).

    ‘(C) The Secretary shall make available to the general public any report received by the Secretary under this paragraph.’; and

        (E) by adding at the end the following new subsection:

    ‘(g) The Secretary shall--

      ‘(1) establish a program to ensure that the owner, operator, or person in charge of each port or terminal that is not required to apply for a certificate under this section makes available a reception facility that meets the requirements for reception facilities under the regulations promulgated under subsection (a)(2); and

      ‘(2) not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, submit a report to Congress on Coast Guard activities regarding the ports and terminals described in paragraph (1).’.

      (2) REFUSE RECORD BOOKS; WASTE MANAGEMENT PLANS; NOTIFICATION OF CREW AND PASSENGERS- Section 4(b) of such Act (33 U.S.C. 1903(b)) is amended--

        (A) in paragraph (2), by inserting before subparagraph (A) the following new subparagraph and redesignating the subsequent subparagraphs accordingly:

      ‘(A) not later than 1 year after the date of enactment of the Marine Plastic Pollution Research and Control Act of 1994, issue regulations that require each ship described in section 3(a)(1) of this Act to which the Secretary determines these regulations shall apply to--

        ‘(i) maintain refuse records (either as part of the log book of the ship or in a separate record book);

        ‘(ii) establish shipboard waste management plans; and

        ‘(iii) display a placard and conduct a briefing that notifies the crew and passengers of the ship of the requirements of Annex V of the Convention;’; and

        (B) by adding at the end the following new paragraph:

    ‘(3)(A) The Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall assist the Secretary in carrying out the enforcement of this Act, to the extent that the assistance provided under this subparagraph does not impede the ability of the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, to carry out the functions of the Animal and Plant Health Inspection Service.

    ‘(B) The Secretary of Agriculture, in coordination with the Secretary, shall review and revise boarding procedures of the Animal and Plant Health Inspection Service to improve the enforcement of this Act.

    ‘(C) The review and revision of the boarding procedures referred to in subparagraph (B) shall include--

      ‘(i) a revision of any boarding forms used by the Secretary (including adding questions) to provide information in sufficient detail to enable the Secretary to adequately enforce this Act;

      ‘(ii) the coordination of efforts of inspectors of the Animal and Plant Health Inspection Service to facilitate the tracking of ships suspected to be in violation of this Act from port to port;

      ‘(iii) the coordination of the inspection activities of the Animal and Plant Health Inspection Service with the animal and plant inspection activities of the Coast Guard, to ensure that any violation of this Act may be easily determined, and that an appropriate penalty is assessed for the violation; and

      ‘(iv) methods for using inspectors of the Animal and Plant Health Inspection Service to determine compliance with the regulations promulgated under section 6(a)(2).’.

      (3) SIZE AND USE- Section 3(a) of such Act (33 U.S.C. 1902(a)) is amended--

        (A) in paragraph (3), by striking ‘and’ at the end;

        (B) in paragraph (4), by striking the period at the end and inserting ‘; and’; and

        (C) by adding at the end the following new paragraph:

      ‘(5) with respect to section 4(b)(2)(A)--

        ‘(A) to--

          ‘(i) a manned oceangoing United States ship of 40 feet or more in length that is engaged in commerce and is documented under the laws of the United States or numbered by a State; and

          ‘(ii) a manned fixed or floating platform subject to the jurisdiction of the United States, or operated under the authority of the United States, wherever located; and

        ‘(B) to any other ship of a size and use specified by the Secretary not later than 18 months after the date of enactment of this paragraph.’.

      (4) PENALTIES FOR VIOLATIONS- Section 9 of such Act (33 U.S.C. 1908) is amended--

        (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;

        (B) by inserting after subsection (b) the following new subsection:

    ‘(c)(1) If an appropriate official of the Coast Guard determines that a ship does not comply with a requirement established under section 4 relating to the maintenance of refuse records, the posting of a placard, the briefing of a crew and passengers, or the implementation of a waste management plan, the official may issue a citation for the violation that requires a civil penalty, in an amount determined pursuant to this section, to be payable not later than 30 days after the issuance of the citation, unless by such date, the recipient of the citation submits a written request for a hearing on the assessment of the civil penalty pursuant to the citation.

    ‘(2) A citation for a violation that requires a civil penalty may be issued by the appropriate Coast Guard official if, on the inspection of a ship, an appropriate official of the Coast Guard determines that--

      ‘(A) the person in charge of the ship has no receipts documenting--

        ‘(i) the disposal of garbage; or

        ‘(ii) in any case in which an incinerator is on board the ship, the disposal of plastic residue, if any, from the incinerator;

      ‘(B) there is no incinerator on board the ship; or

      ‘(C) the quantity of plastic waste materials on board the ship is too small with respect to the quantity of plastic waste materials estimated to have been generated on board the ship (on the basis of documentation from the last legal disposal of plastic waste materials from the ship).

    ‘(3) Not later than 30 days after the issuance of a citation pursuant to paragraph (2), the recipient of the citation shall either--

      ‘(A) pay the amount of the civil penalty; or

      ‘(B) submit a written request for a hearing on the assessment of the civil penalty.

    ‘(4) The Secretary shall consult with the Secretary of Agriculture to ensure that the record in a log book of the disposal of waste materials alone may not, for the purposes of this subsection, constitute proof of legal disposal of waste materials.’; and

        (C) in subsection (g), as redesignated by paragraph (1)--

          (i) by inserting ‘(1)’ before ‘Notwithstanding’;

          (ii) by striking ‘or (d)’ and inserting ‘or (e)’; and

          (iii) by adding at the end the following new paragraphs:

    ‘(2) If the Secretary--

      ‘(A) conducts an investigation and refers a matter pursuant to paragraph (1) to the appropriate official of a foreign country that is a party to the MARPOL Protocol relating to a violation or suspected violation by an owner, operator, or person in charge of a ship that is registered in the foreign country of a requirement of the MARPOL Protocol; and

      ‘(B) the official of the foreign country does not provide a response that the Secretary determines appropriate;

    paragraph (3) shall apply.

    ‘(3) If the conditions referred to in subparagraphs (A) and (B) of paragraph (2) are met, the Secretary of the Treasury, on the request of the Secretary, may, with respect to the ship referred to in paragraph (2), refuse or revoke--

      ‘(A) a permit to proceed under section 4367 of the Revised Statutes (46 U.S.C. App. 313); or

      ‘(B) a permit to depart (as required under section 443 of the Tariff Act of 1930 (19 U.S.C. 1443));

    whichever is applicable.

    ‘(4) The Secretary shall, not later than 1 year after the date of enactment of this paragraph, and annually thereafter, publish a list of any referral described in paragraph (1) including, with respect to each referral--

      ‘(A) the date of transmittal; and

      ‘(B) the date and nature of any response by the appropriate official of the foreign country to whom the referral is sent.’.

      (5) SHIP INSPECTIONS; REPORTS TO SECRETARY- Section 8(c) of such Act (33 U.S.C. 1907(c)) is amended by adding at the end the following new paragraphs:

    ‘(3)(A) The Secretary shall make available to the public a toll-free telephone number for reporting violations of the MARPOL Protocol and this Act.

    ‘(B) In carrying out this paragraph, the Secretary may--

      ‘(i) enter into a cooperative agreement with the appropriate official of the National Response Center to use the telephone reporting service of the Center to provide for the reporting of the violations referred to in subparagraph (A) under the telephone reporting service; or

      ‘(ii) establish a separate telephone reporting system.

    ‘(C) The Secretary shall report to Congress annually on the effectiveness of the toll-free telephone reporting system. Each report shall include--

      ‘(i) the number and types of referral calls related to Annex V of the MARPOL Protocol received; and

      ‘(ii) information regarding any investigations conducted and enforcement actions taken in response to a call described in clause (i).

    ‘(4) On receipt of a report from an appropriate official of the Animal and Plant Health Inspection Service of the Department of Agriculture of a ship in violation of this Act, the Secretary shall take such action as is necessary to ensure a followup inspection of the ship.’.

      (6) CONFORMING AMENDMENT- Section 11(a)(3) of such Act (33 U.S.C. 1910(a)(3)) is amended by striking ‘section 9(e)’ and inserting ‘section 9(f)’.

    (c) MARINE PLASTIC POLLUTION RESEARCH AND CONTROL-

      (1) COMPLIANCE REPORTS- Section 2201(a) of the Marine Plastic Pollution Research and Control Act of 1987 (Public Law 100-220; 33 U.S.C. 1902 note) is amended--

        (A) by striking ‘for a period of 6 years’; and

        (B) by inserting before the period at the end the following: ‘and, not later than 1 year after the date of enactment of the Marine Plastic Pollution Research and Control Act of 1994, and annually thereafter, shall publish in the Federal Register a list of the enforcement actions taken against any domestic or foreign ship (including any commercial or recreational ship) pursuant to the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)’.

      (2) PUBLIC OUTREACH PROGRAM- Section 2204(a) of such Act (Public Law 100-220; 42 U.S.C. 6981 note) is amended--

        (A) in paragraph (1)--

          (i) in the matter preceding subparagraph (A), by striking ‘for a period of at least 3 years,’;

          (ii) in subparagraph (C), by striking ‘and’ at the end;

          (iii) in subparagraph (D), by striking the period at the end and inserting ‘; and’; and

          (iv) by adding at the end the following new subparagraph:

        ‘(E) the requirements under this Act and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to ships and ports, and the authority of citizens to report violations of this Act and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.).’; and

        (B) by striking paragraph (2) and inserting the following new paragraph:

      ‘(2) AUTHORIZED ACTIVITIES-

        ‘(A) PUBLIC OUTREACH PROGRAM- A public outreach program under paragraph (1) may include--

          ‘(i) developing and implementing a voluntary boaters’ pledge program;

          ‘(ii) workshops with interested groups;

          ‘(iii) public service announcements;

          ‘(iv) distribution of leaflets and posters; and

          ‘(v) any other means appropriate to educating the public.

        ‘(B) CONSULTATION- In developing outreach initiatives targeted at the interested groups that are subject to the requirements of this title and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, shall consult with--

          ‘(i) the heads of State agencies responsible for implementing State boating laws; and

          ‘(ii) the heads of other enforcement agencies that regulate boaters or commercial fishermen.

        ‘(C) GRANTS AND COOPERATIVE AGREEMENTS- To carry out this section, the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency are authorized to award grants, enter into cooperative agreements with appropriate officials of other Federal agencies and agencies of States and political subdivisions of States, and provide other financial assistance to eligible recipients.’.

      (3) MISCELLANEOUS PROVISIONS-

        (A) IN GENERAL- The Marine Plastic Pollution Research and Control Act of 1987 (Public Law 100-220) is amended by adding at the end the following new subtitle:

‘Subtitle D--Miscellaneous Provisions

‘SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVISIONS.

    ‘Section 2302 of title 5, United States Code, shall apply to any employee of the Department of Transportation, the Department of Defense, or the Department of Agriculture, as described in subsection (a)(2)(B) of such section, who carries out any requirement of this Act or the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.).

‘SEC. 2402. REPORTS TO CONGRESS.

    ‘If the Secretary of the department in which the Coast Guard is operating fails to meet a deadline specified in this Act or the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Secretary shall submit a written report to Congress that explains the reasons for the failure.

‘SEC. 2403. WASTE MANAGEMENT STUDY.

    ‘Not later than 2 years after the date of enactment of this subtitle, the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator of the Environmental Protection Agency, shall submit to Congress a written report that identifies potential improvements of the waste management practices at port facilities. The study shall--

      ‘(1) characterize wastes as a function of the type, size, number of crew and passengers, and length of voyage of ships;

      ‘(2) identify incentives to promote onboard waste management practices on ships, including the use of source reduction, reuse and recycling strategies, incinerators, compactors, pulpers, and shredders;

      ‘(3) recommend organizational and business processes required to establish effective and efficient waste management programs, including the design of the roles and responsibilities of all entities involved (including ports and terminals) that would improve the management of shipborne waste; and

      ‘(4) investigate positive incentives to including the use of port reception facilities, including potentially prohibiting separate fees for waste disposal.

‘SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.

    ‘It is the sense of Congress that--

      ‘(1) certain insurance policies or rules of protection and indemnity clubs that provide insurance for shippers should not provide for the payment of a penalty under the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.); and

      ‘(2) the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, should consult with the International Maritime Organization to seek to establish international standards prohibiting the issuance of a contract of insurance for the sale of a policy that would provide for the payment of any penalty under the MARPOL Protocol (as defined in section 2(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a))) to carry out the MARPOL Protocol.

‘SEC. 2405. NOTICE OF ARRIVAL.

    ‘The owner, master, agent, or person in charge of a vessel shall include in the notice of arrival required to be submitted to the Captain of the Port of the port or place of destination pursuant to the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) information concerning the intention of the owner, master, or person in charge of the vessel with respect to the disposal of onboard waste at the port or place of destination.

‘SEC. 2406. COORDINATION.

    ‘(a) ESTABLISHMENT OF MARINE DEBRIS COORDINATING COMMITTEE- The Administrator of the Environmental Protection Agency shall establish a Marine Debris Coordinating Committee (referred to in this section as the ‘Committee’).

    ‘(b) MEMBERSHIP- The Committee shall include a senior official from--

      ‘(1) the Environmental Protection Agency, who shall serve as the Chairperson of the Committee;

      ‘(2) the National Oceanic and Atmospheric Administration;

      ‘(3) the United States Coast Guard;

      ‘(4) the United States Navy; and

      ‘(5) such other Federal agencies that have an interest in ocean issues or water pollution prevention and control as the Administrator of the Environmental Protection Agency determines appropriate.

    ‘(c) MEETINGS- The Committee shall meet at least twice a year to provide a forum to ensure the coordination of national and international research, monitoring, education, and regulatory actions addressing the persistent marine debris problem.

‘SEC. 2407. MONITORING.

    ‘The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall utilize the marine debris data derived under title V of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to assist the United States Coast Guard in assessing the effectiveness of this Act.’.

        (B) AMENDMENTS TO TABLE OF CONTENTS- The table of contents in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 (101 Stat. 1458) is amended by adding at the end of the items relating to title II of such Act the following new items:

‘Subtitle D--Miscellaneous Provisions

      ‘Sec. 2401. Applicability of whistle blower provisions.

      ‘Sec. 2402. Reports to Congress.

      ‘Sec. 2403. Waste management study.

      ‘Sec. 2404. Sense of Congress regarding insurance.

      ‘Sec. 2405. Notice of arrival.

      ‘Sec. 2406. Coordination.

      ‘Sec. 2407. Monitoring.’.

SEC. 3. REGIONAL MARINE RESEARCH.

    Section 407(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447f(a)) is amended by striking ‘1996’ and inserting ‘2000’.