EPA Must Stand Up for Common Sense Sustainability in California
As President Biden leaves office, he and his EPA administrator have an opportunity to build on this administration’s legacy as an advocate for the environment and for America’s maritime workforce: They can use their authority under the Clean Air Act to remedy a misguided decision out of California – one that puts mariners’ lives at risk, threatens the most sustainable mode of freight transportation, and jeopardizes the stability of our nation’s supply chain.
The American tugboat, towboat and barge industry is a sustainability leader in moving domestic freight. Rail and trucks emit over 40% and 800% more carbon, respectively, than domestic maritime freight transport. And domestic maritime companies are committed to further improvements and innovation – from reducing energy consumption and enhancing fuel efficiency, to building and operating America’s first-fully electric tugboat, for use in California – in pursuit of the shared goal of reducing emissions. Consequently, California’s maritime industry and state government have an opportunity to work together to achieve meaningful emissions reductions in thoughtful, practical ways, with the maritime workforce as a valuable partner – a win-win.
Regrettably, the California Air Resources Board (CARB) chose a different and dangerous path, with Governor Gavin Newsom’s blessing, despite a bipartisan, near-unanimous vote of the state legislature to adopt safer, more sensible sustainability measures in the maritime sector.
CARB’s Commercial Harbor Craft (CHC) rule requires harbor craft to install Diesel Particulate Filters (DPFs) as an emissions reduction measure within six months of DPFs becoming commercially available. CARB requires DPFs even though they are fire hazards – they were linked to fires when first introduced in the trucking industry, and unlike truckers who can run from a truck fire, mariners have to jump overboard, putting themselves in even greater danger. The Coast Guard has expressed similar concerns to CARB about DPFs posing a fire safety risk, which CARB disregarded.
In addition, the DPF mandate is simply not feasible. Even once DPFs become available, it will likely take more than a year – well past CARB’s six-month requirement – for operators to perform required design and safety studies, procure materials, schedule shipyard space, and complete the work. Because of limited shipyard space, it will likely take a minimum of 18 months. Furthermore, these unnecessary requirements will take vessels off the water, reducing vessels available to perform critical ship-assist functions at America’s busiest ports.
Recognizing the dangers that CARB’s approach poses to mariner safety and to the safe, efficient functioning of California ports that make up a vital component of America’s supply chain, the California legislature earlier this year passed Assembly Bill 1122 nearly unanimously. This legislation required that DPFs include a bypass-safety system and be certified as safe by third-party experts; and also provided flexibility to install this equipment during already-scheduled vessel inspection periods, so that vessels performing essential port functions are not excessively pulled out of service.
Inexplicably, Governor Newsom chose to veto this broadly supported legislation. Instead, California submitted a request to EPA for authorization to enforce CARB’s CHC rule as is.
EPA should deny this request. As AWO and maritime labor unions highlighted in a recent joint letter to EPA Administrator Regan, CARB’s DPF requirement and accompanying enforcement procedures are not technically feasible and do not provide appropriate lead time, which gives EPA ample justification to deny California’s authorization request under section 209(e) of the Clean Air Act.
We urge EPA to exercise this authority and send a strong message to California that sustainability and safety must go hand in hand. Mariner lives, the future of California’s environment, and our nation’s supply chain depend on it.
Jennifer Carpenter is President & CEO of the American Waterways Operators, the trade association of the American tugboat, towboat and barge industry.