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Coast Guard Will Not Enforce New California Rule, Citing ‘Safety Concerns’

marinesalvage by marinesalvage
May 24, 2024
in Law & Regulations
0
Coast Guard Will Not Enforce New California Rule, Citing 'Safety Concerns'
© Jill Clardy / Adobe Stock

© Jill Clardy / Adobe Stock

(The Center Square) – The U.S. Coast Guard says it “will not enforce” a brand new California Air Resources Board regulation, citing “safety concerns.”

The Coast Guard and enterprise organizations oppose CARB’s requirement that business harbor craft set up diesel particulate filters (DPF) linked to various fires. Seventeen states are suing the Environmental Protection Agency for giving an exemption to California alone to enact its personal air requirements that, by energy of its market measurement, govern a lot of the remainder of the nation.

Before implementing the DPF rule, CARB is required to obtain authorization for a waiver from the EPA underneath the Clean Air Act, which it’s but to safe. DPFs seize practically all of the soot and different particulate matter leaving a diesel engine. This extremely flammable materials is cleared out by DPF “regeneration” — bringing the engine as much as excessive speeds and warmth to make the built-up materials catch on hearth to clear itself out. This regeneration course of is a a lot greater temperature than combustion and produces carbon dioxide, water vapor, and far smaller ranges of soot. While DPF filters scale back rapid particulate air pollution, they’re linked to many fires, together with a 3,600-acre hearth in Washington state, that weigh towards this profit.  

Rear Admiral Andrew M. Sugimoto, who instructions the U.S. Coast Guard’s Eleventh District that stretches from the California-Oregon border all the best way to Peru, wrote a letter to CARB detailing his points with the pending DTF requirement, citing “potential fire safety issues associated with DPFs,” “feasibility and potential stability issues,” and “potential safety issues over DPF operating temperatures and the fire load of the vessel due to varied hull materials.”

“DPS verified by CARB may not necessarily be accepted by the Coast Guard for installation on inspected commercial vessels,” continued Sugimoto. “Coast Guard inspectors will not perform emissions tests on vessels operating in U.S. waters to evaluate DPF system performance. Therefore, please note that the Coast Guard will not enforce California’s CHC regulation.”

The American Waterways Operators additionally oppose the rule.

“Our industry safely and efficiently moves over 665 million tons of cargo each year while emitting 43 percent less greenhouse gasses than rail and 832 percent less than trucks,” wrote AWO president and CEO Jennifer Carpenter to California Governor Gavin Newsom. “CARB has made it clear that it intends to continue to enforce the CHC rule deadlines without EPA authorization. This ill-advised position should be reconsidered not only for legal reasons, but also to protect mariner safety, the environment, and the California supply chain.”

AWO additionally stated retrofitting every tugboat or different business harbor craft by the state’s deadline ten months from now would value $5 million per boat — money many operators merely don’t have, and as a result of lack of accessible drydocks, bodily unimaginable to finish on time.

CARB is more and more underneath stress from companies and different states who say the state’s distinctive, federal government-granted sway in environmental requirements is unfair. A 17-state coalition suing the EPA claims California’s distinctive standing violates the doctrine of equal sovereignty amongst states and successfully permits the state to dictate nationwide environmental coverage. California was allowed to start out creating its personal air requirements underneath the 1970 Clean Air Act as a result of great smog and air pollution within the state on the time.

Notably, whereas Southern California’s smog ranges should nonetheless be lower by 100 tons per day to achieve the EPA’s 1997 ozone requirements, the South Coast Air Quality Management District says ⅔ of the required cuts have to be carried out on the federal stage for trains, ships, and plane as a result of it lacks the ability to manage them itself.

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