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30 Apr 2009
Ocean carriers are seeking a permanent injunction against enforcement of a new state regulation that will require the use of low-sulfur fuel in vessels’ main engines, auxiliary engines and auxiliary boilers within 24 miles of California’s coast.
The Pacific Merchant Shipping Association, which represents shipping
lines and terminal operators, contends in a lawsuit that the federal
government preempts states in regulating vessel operations beyond a
three-mile limit.
Ocean carriers would suffer immediate and irreparable harm if they are
required to comply with this allegedly illegal California rule and pay
fines of $25,000 to $75,000 per day for non-compliance, PMSA stated.
PMSA filed its suit in U.S. District Court in Sacramento, Calif., and
seeks to enjoin the California Air Resources Board from enforcing the
low-sulfur fuel regulation that is scheduled to take effect on July 1.
Ocean carriers accept responsibility for reducing harmful emissions
from vessel operations, and in fact are already taking voluntary
actions to do so, the PMSA noted.
The association’s member lines burn low-sulfur fuel as they approach
port. They are reducing emissions at berth through cold-ironing as well
as technology that captures emissions from vessel smokestacks.
PMSA objects to CARB’s attempt to extend its vessel regulations into
federal waters. Also, ocean carriers prefer an international approach
to vessel emissions regulations, such as the regulations contained in
the MARPOL convention to which the U.S. is a signatory.
PMSA noted further that the U.S. and Canada are pursuing creation of a
North American emission control area that would provide emission
reductions beyond what CARB has proposed.
Source: Journal of Commerce