At its public hearing on December 6, 2007, the California Air Resources Board (CARB) approved a regulation to reduce emissions from diesel auxiliary engines on ocean-going vessels while at berth. The regulation will require operators of vessels meeting specified criteria to turn off their auxiliary engines for most of their stay in port or, alternatively, to demonstrate specific fleet-wide emission reductions.

The approved regulation is subject to certain modifications that were suggested by staff at the Board hearing. On February 22, 2008, CARB met with the affected industry, the ports, and other interested stakeholders to discuss the modified regulation. Stakeholders will have 15 days to submit comments on the modified language.

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For years, California ports have provided substantial benefits to the local, regional, and national economy. These benefits have not come without costs. The ships, trucks, trains, and other diesel-powered equipment at these ports are major sources of air pollution, including greenhouse gas emissions. To limit these emissions and the associated health risks, several multi-billion dollar plans have emerged to “clean up” the ports.

At the local level, the Ports of Los Angeles and Long Beach, which taken together move more than $260 billion a year in trade, have developed an aggressive strategy to significantly reduce air pollution from port-related sources. Pursuant to the Clean Air Action Plan, the Ports propose to eliminate “dirty” diesel trucks from their cargo terminals within five years by helping to finance a new generation of clean or retrofitted vehicles.

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For further information about this topic, please contact Akin Gump.