Federal government attacks California clean air shipping waivers 

The U.S. Environmental Protection Agency transmitted two California waivers, including the Ocean-Going Vessels At Berth and Commercial Harbor Craft waivers to Congress. 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.

The At Berth regulation provides regulatory certainty to the shipping industry, and is not a fly-by night regulation. To protect public health, improve the environment, 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. 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.

The At Berth and Commercial Harbor Craft regulation saves 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.

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 Black and brown 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.

Statement from Davina Hurt, Climate Policy Director, Pacific Environment:

“The federal government’s attack on California’s At Berth and Commercial Harbor Craft waivers is a misuse of the Congressional Review Act (CRA). For more than 50 years, Clean Air Act waiver programs have been respected by Republican and Democratic administrations alike. Until now, no administration had attempted to use the Congressional Review Act to overturn these waivers. Instead of playing politics with our health, undermining the regulatory certainty businesses rely on, and jeopardizing billions 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. Communities, workers, businesses and our economy will pay the cost not polluters, if Congress repeals California’s Clean Air waivers.”