With two bills vetoed by Gov. Gavin Newsom this fall, the nation’s strictest emission rules remain in effect for vessels operating in California’s harbors; the California Air Resources Board (CARB) is moving forward with plans to have the rules more widely adopted.
In 2020, the governor issued an executive order mandating that CARB update its Commercial Harbor Craft (CHC) requirements to reduce emissions from harbor vessels close to California’s coast. These include various types of vessels owned by private and public entities, including tugboats, ferries, pilot vessels, workboats, barges, dredging vessels, research vessels, crew and supply vessels, excursion boats, charter fishing boats and commercial fishing vessels.
CARB said these changes would lead to an 89 percent reduction of diesel soot and a 52 percent reduction in nitrogen oxides by 2035 and reduce cancer risks for over 22 million residents who live near the coast and up to 50 miles inland.
The first bill, AB 1122, would have delayed a requirement for owners of certain commercial harbor craft to install a new engine or retrofit an existing engine with diesel particulate filter (DPF) and selective catalytic reaction (SCR) systems. These rules require that an override or bypass safety system be included to ensure that the vessel can maintain a safe level of propulsion in case of an emergency. CARB grants compliance for engines that have been equipped and certified by the manufacturer with such systems.
Newsom vetoed the bill on Sept. 29, and offered this explanation:
“CARB amended the CHC regulation to accelerate emission reductions while providing safe, feasible, and flexible compliance options for affected vessels. Unfortunately, this bill undermines this balance and jeopardizes our clean air goals. While I recognize the challenges and concerns of adopting new technologies and approaches, Californians deserve and benefit from clean air and from the avoidance of greenhouse gas emissions that contribute to our rapidly changing climate. With that, I encourage operators of the affected vessels to work towards meeting the CHC regulations, and if there are insurmountable challenges, to continue to work with CARB to explore additional and alternative compliance pathways.”
A second bill vetoed by Newsom at the same time, AB 1296, would have impacted three of California’s pilot station vessels by prohibiting CHC regulations from requiring that the San Francisco Bar Pilots replace pilot vessels with lower-emitting vessels. It also would have required CARB to resubmit its request for authorization from the U.S. Environmental Protection Agency (EPA).
In his veto explanation, Newsom noted that, under his directive, CARB included compliance extensions of up to six additional years for pilot station vessels beyond the compliance dates of December 2024 and December 2025. He also said requiring CARB to seek approval from the EPA again would have undone months of work.
CARB is aligned with the governor’s decision on both bills, said Lynda Lambert, information officer for the board. “We work closely with the U.S. Coast Guard, and that close collaboration is why CARB’s work with USCG already led to accommodations to address industry concerns.”
The American Waterways Operators said it was disappointed by AB 1122 being vetoed because it has safety concerns about DPFs, such as flammability. But Lambert countered that numerous verifications must be undertaken to certify DPF safety, and that 9,000-plus hours of DPF use have occurred with no documented safety incidents attributed to their operation on vessels.
“There’s been considerable real-world use without incident,” she said. “DPFs are safe and effective in reducing toxic emissions, with millions of DPFs installed and successfully reducing diesel particulate matter emitted from engines in a variety of on-road and off-road equipment.”
With the status quo maintained, Lambert said vessel owners are taking steps to comply with the regulations, “including upgrading engines, applying for applicable extensions, and in some cases, planning projects to adopt zero-emission technology. Many operators also are taking advantage of funding/incentive programs, which have offered funds for demonstration and pilot projects, as well as for engine upgrades that are completed earlier than required by the regulation.”
There are companies meeting CARB’s stringent CHC emissions requirements requiring DPFs, but many engines equipped with DPFs max out at horsepowers that are too low for most commercial marine operations.
MAN Engines reported that it’s the first engine manufacturer to offer marine engines for commercial vessels to meet CARB’s stringent CHC emissions requirements and operate successfully. “Our customers receive a system completely from a single source. That’s why the engine, diesel particulate filter and SCR system are perfectly matched to each other,” says Werner Kübler, MAN Engine’s head of engineering.
Lambert noted another “great example of use of zero-emission technology in a sector not mandated by CARB to do so” – the city of Santa Barbara, which has operated an electric dredge vessel called Sandpiper for more than 70 years.
The 2,000-hp electric dredge – the only one of its size on the West Coast – was built in 1953 for the Encina power plant in Carlsbad to dredge intake water for cooling, explained Gary Foster, superintendent for the dredge’s owner, Pacific Dredging. “The electric power plant opted to build an electric dredge because they had unlimited electrical power.”
“It works really well for Santa Barbara because we get power drop from California Edison,” he said. “But the big downside to electric is getting the power source. It’s almost impossible to get a temporary power drop out of the power company because they’re very reluctant and they charge a lot of money to get one.”
To be competitive and work outside of the area, Sandpiper must use generators to provide the power it needs.
“That’s the big downside to building a new electric dredge,” Foster noted.