The American Waterways Operators, the trade association of the American tugboat, towboat and barge industry, and maritime labor unions have written a joint letter to U.S. Environmental Protection Agency (EPA) Administrator Michael Regan, asking the EPA to deny California's request for a waiver from the Clean Air Act to enforce its dangerous and infeasible Commercial Harbor Craft (CHC) rule.

In an attempt to lower emissions from the maritime sector, the California Air Resources Board (CARB) developed its CHC rule, which mandates installation of Diesel Particulate Filter (DPF) technology onboard workboats operating in the regulated waters of California. Although CARB acknowledges DPFs for commercial harbor craft do not exist, the CHC rule requires installation of DPFs within six months once they become commercially available, bypassing safety experts typically responsible for signing off on new vessel equipment.

The coalition's letter explains that:

  • DPFs put mariner lives at risk. These ceramic filters operate at extremely high temperatures – up to 1,200-degrees Fahrenheit -- and have caused serious fires when used in the trucking industry. The U.S. Coast Guard, which exercises federal authority over commercial-vessel design, equipment, and operation, previously warned CARB that the DPF requirement poses "potential fire safety issues."

  • DPFs are infeasible to install on commercial vessels. If CARB determines that DPFs are commercially available, compliance could take a minimum of 18 months (well past the six months required in the CHC rule) at a cost of $5 million per vessel. This clearly shows that the CHC rule is not technologically feasible, does not provide appropriate lead time, and does not adequately consider the cost of compliance, giving EPA ample justification to reject California's request under Section 209(e) of the Clean Air Act.

  • The CHC rule will create another supply-chain crisis. California is home to three of the country's top ten busiest container ports and serves as a vital global gateway for agricultural products, vehicles, energy products, and other critical commodities. If EPA authorizes CARB to enforce its CHC rule, more vessel operators will have to remove vessels as it becomes practically and financially infeasible to comply. Fewer tugboats and other commercial harbor craft will delay goods movement and escalate costs nationwide for both producers and consumers.

The letter is signed by the American Waterways Operators, the Inlandboatmen's Union, the International Organization of Masters, Mates & Pilots, and the Marine Engineers Beneficial Association.

Jennifer Carpenter, President & CEO of the American Waterways Operators, commented: "As the most sustainable mode of freight transportation in the United States, we share CARB's goal of lowering emissions. That is why we supported the California legislation passed earlier this year, by a near-unanimous vote, that would have addressed the safety and feasibility risks posed by the CHC rule – legislation that Governor Newsom regrettably chose to veto. It now falls to EPA to exercise its statutory authority to deny California's enforcement request, as CARB's CHC rule is clearly at odds with Section 209 of the Clean Air Act and poses a serious threat to mariner safety and to the stability of the American supply chain at a fragile time for our economy."