California Looks Toward More Stringent Maritime Emissions Regulations - O'Melveny & Myers LLP

Posted March 1, 20011 - O'Melveny & Myers LLP - Bob Nicksin

At a workshop held February 16, 2011, the California Air Resources Board (“ARB”) presented its latest proposals for reducing air emissions from ocean-going vessels (“OGV”). The proposed regulations, which are expected to be adopted by the ARB at its May, 2011 meeting, will require both U.S. and foreign-flagged vessels to use low sulfur fuels at greater distances from the southern California shore. Further, sulfur reductions and a change of implementation dates are planned for maritime fuels, which the ARB is hoping to harmonize with the Emissions Control Area (“ECA”) regulations on sulfur in fuel that become effective in 2015. The ARB also plans to change the penalties for noncompliance with these provisions.
The Revised 24-Mile Limit
The ARB first adopted its OGV Fuel Regulation in 2008, and began implementation in 2009. That rule required ships to use less polluting marine distillate fuels instead of heavy fuel oil within a designated area along the California coastline; generally, 24 miles from the mainland.
However, many OGVs began using a different route, moving from the traditional route through the Santa Barbara Channel, which lies within the zone covered by the fuel regulations, to a route on the south side of the Channel Islands, which is beyond the regulated zone. Because vessels using this southerly route do not have to use the cleaner marine distillate fuels, the ARB did not achieve the emissions reductions it had expected through its regulations. The ARB believes OGV operators have made this change because it is cheaper to travel the slightly longer route south of the Channel Islands than to use more costly lower sulfur distillate fuels during the inside passage.
The ARB has also expressed concern that expanded use of the route south of the Channel Islands may interfere with Naval operations, since this route traverses the U.S. Navy’s Pt. Magu Sea Range.

Complete Story at:
http://www.omm.com/california-looks-toward-more-stringent-maritime-emissions-regulations-02-23-2011/