WASHINGTON, DC — Yesterday, Congress introduced resolutions that attack two of California’s shipping waivers, the Ocean-Going Vessels At Berth and Commercial Harbor Craft waivers. For 50 years, the precedent set under both Democratic and Republican administrations is that the Clean Air Act waivers are not rules. EPA’s move to reclassify them is misuse.
At-Berth
- House: H.J.Res.210 sponsored by Rep. Vince Fong (R-CA-20)
- Senate: S.J.Res.209 sponsored by Sen. Dan Sullivan (R-AK)
Commercial Harbor Craft
- Senate: S.J.Res210 sponsored by Sen. Bernie Moreno (R-OH)
The At Berth regulation provides long-term regulatory certainty to the shipping industry, and is not a fly-by night regulation. To protect public health, reduce air pollution and meet the requirements of the federal Clean Air Act, California has been regulating emissions from ships docked at port through the At-Berth Regulation since 2007. These rules were updated in 2020 following extensive public review . Compliance requirements for the regulation have been phased in for over a decade based on vessel type and location, starting in 2014 with the last requirements becoming enforceable in 2027.
Ports, terminal operators, vessel owners, utilities and equipment manufacturers have invested years of planning and significant capital to comply with these lifesaving requirements. Undoing the waivers now would create unnecessary regulatory uncertainty, jeopardize those investments and penalize businesses that relied on a stable regulatory framework.
The At Berth and Commercial Harbor Craft regulations also save costs and lives. The 2020 At-Berth Regulation will reduce potential cancer risk for California’s portside communities by about 60%. According to California Air Resources Board (CARB)’s initial analysis, the amended regulation will save 230 lives and prevent 73 hospital admissions and 116 emergency room visits statewide. These health benefits are valued at $2.31 billion. These benefits translate into lower health costs, fewer missed workdays and healthier communities while providing businesses with the certainty needed to continue investing in cleaner maritime operations.
The Commercial Harbor Craft Rule will save 530 California lives and protect 9.7 million Californians from elevated levels of air pollution, according to CARB. Frontline working-class communities have been bearing the brunt of pollution for far too long and moving to zero-emissions ferries and away from diesel and other toxic fossil fuels would clear the air for port neighbors. Transitioning these vessels to zero-emission technologies will improve public health, while supporting innovation, creating market opportunities, creating jobs and strengthening California’s leadership in the clean maritime economy.
Statement from Davina Hurt, Climate Policy Director, Pacific Environment:
“While the U.S. wants to lead the shipbuilding industry, Congress is undercutting the competitiveness of the industry by overturning California’s clean shipping wavers. This congressional attack on California’s At Berth and Commercial Harbor Craft waivers undercuts longstanding investments already made in cleaner vessels, port infrastructure and maritime innovations. Instead of playing politics with our health, undermining the regulatory certainty businesses rely on and jeopardizing hundreds of millions of dollars in public and private investments made under these life-saving rules, Congress should recognize this blatant overreach by the oil and gas industry to continue to put profits over people. Oil companies have made a shocking $93 billion in profits over the last three months and it’s time to put the responsibility on these corporations instead of the communities, workers and businesses that pay the cost.”
Last week, groups slammed the federal government’s attack on these waivers.
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About Pacific Environment
Pacific Environment confronts our most urgent environmental issues by connecting local and global movements, catalyzing policy change and inspiring action for the benefit of people and our planet. Together, we promote a healthy climate, reduce pollution and conserve biodiversity for an equitable and thriving future.
