Shipping Lines Fight California Emissions Rule

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30 Apr 2009

bh_ocean_carrier.jpgOcean 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

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