(a) Adequacy; criteria
  (1) The Secretary, after consultation with the Administrator of
the Environmental Protection Agency, shall establish regulations
setting criteria for determining the adequacy of a port's or
terminal's reception facilities for mixtures containing oil or
noxious liquid substances and shall establish procedures whereby a
person in charge of a port or terminal may request the Secretary to
certify that the port's or terminal's facilities for receiving the
residues and mixtures containing oil or noxious liquid substance
from seagoing ships are adequate.
  (2) The Secretary, after consulting with appropriate Federal
agencies, shall establish regulations setting criteria for
determining the adequacy of reception facilities for garbage at a
port or terminal, and stating such additional measures and
requirements as are appropriate to ensure such adequacy. Persons in
charge of ports and terminals shall provide reception facilities,
or ensure that such facilities are available, for receiving garbage
in accordance with those regulations.
  (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 appropriate 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.
(b) Traffic considerations
  In determining the adequacy of reception facilities required by
the MARPOL Protocol or the Antarctic Protocol at a port or
terminal, and in establishing regulations under subsection (a) of
this section, the Secretary or the Administrator may consider,
among other things, the number and types of ships or seagoing ships
using the port or terminal, including their principal trades.
(c) Certificate; issuance; validity; inspection; review of
  suspension or revocation by Secretary
  (1) If reception facilities of a port or terminal meet the
requirements of Annex I and Annex II to the Convention and the
regulations prescribed under subsection (a)(1) of this section, the
Secretary shall, after consultation with the Administrator of the
Environmental Protection Agency, issue a certificate to that effect
to the applicant.
  (2)(A) Subject to subparagraph (B), if reception facilities of a
port or terminal meet the requirements of Annex V to the Convention
and the regulations prescribed under subsection (a)(2) of this
section, the Secretary may, after consultation with appropriate
Federal agencies, issue a certificate to that effect to the person
in charge of the port or terminal.
  (B) The Secretary may not issue a certificate attesting to the
adequacy of reception facilities under this paragraph unless, 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.
  (C) The Secretary may, with respect to certificates issued under
this paragraph prior to October 19, 1996, prescribe by regulation
differing periods of validity for such certificates.
  (3) A certificate issued under this subsection - 
    (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) shall be available for inspection upon the request of the
  master, other person in charge, or agent of a ship using or
  intending to use the port or terminal.

  (4) The suspension or revocation of a certificate issued under
this subsection may be appealed to the Secretary and acted on by
the Secretary in the manner prescribed by regulation.
(d) Publication of list of certificated ports or terminals
  (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.
(e) Entry; denial
  (1) Except in the case of force majeure, the Secretary shall deny
entry to a seagoing ship required by the Convention or the
Antarctic Protocol to retain onboard while at sea, residues and
mixtures containing oil or noxious liquid substances, if - 
    (A) the port or terminal is one required by Annexes I and II of
  the Convention or Article 9 of Annex IV to the Antarctic Protocol
  or regulations hereunder to have adequate reception facilities;
  and
    (B) the port or terminal does not hold a valid certificate
  issued by the Secretary under this section.

  (2) The Secretary may deny the entry of a ship to a port or
terminal required by the MARPOL Protocol, this chapter, or
regulations prescribed under this section relating to the provision
of adequate reception facilities for garbage, 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 chapter, or those regulations.
(f) Surveys
  (1) The Secretary and the Administrator are authorized to conduct
surveys of existing reception facilities in the United States to
determine measures needed to comply with the MARPOL Protocol or the
Antarctic Protocol.
  (2) Not later than 18 months after October 19, 1996, 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.