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New air quality rules for harbor boats draw cheers, jeers

The change will help coastal health risks, but tug operators warn it could put them out of business.

Strict new emissions rules for ferries, tugs, sportfishing boats and whale-watching vessels were approved by state regulators on Thursday, March 24. There were lingering concerns by some about the possible impact on ferries that serve Catalina Island, including the Jet Cat Express, above, and tugs. (Photo by JEFF GRITCHEN, Orange County Register/ SCNG.)
Strict new emissions rules for ferries, tugs, sportfishing boats and whale-watching vessels were approved by state regulators on Thursday, March 24. There were lingering concerns by some about the possible impact on ferries that serve Catalina Island, including the Jet Cat Express, above, and tugs. (Photo by JEFF GRITCHEN, Orange County Register/ SCNG.)
Martin Wisckol. OC Politics Reporter. 

// MORE INFORMATION: Associate Mug Shot taken August 31, 2010 : by KATE LUCAS, THE ORANGE COUNTY REGISTER
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Californians — especially those who live around major ports — will be breathing easier thanks to aggressive regulations approved Thursday, March 24, for tugs, ferries, sportfishing vessels and whale-watching boats.

But some say the regulations are too costly and slated to take effect too quickly. Tug operators said the strict rules could put some of them out of business, bringing new interruptions to supply chains. And a representative of Catalina Island’s tourism bureau expressed concerns about the possible impact on ferry service.

Still, most other operators of harbor craft sounded prepared to weather the costly upgrades as they addressed the California Air Resources Board at the Thursday hearing. After public comment, the board voted 14-0 to approve the new regulations.

Driving that decision was the hazardous levels of smog, soot and greenhouse gases produced by boats in the state’s ports and harbors. The board’s staff said the move will eliminate 531 premature deaths from 2023 to 2038, and will reduce the South Bay cancer threat caused by the vessels from 10 in 1 million residents to one in 1 million residents.

Disadvantaged communities that typically surround major ports are hurt the worst by the pollutants.

The stricter rules were heralded by clean-air advocates.

“Emissions from diesel vessels are a leading source of cancer risk for these communities, and transitioning to cleaner engines and zero-emission technologies will generate billions in health benefits, save hundreds of lives, and reduce a wide range of lung and heart illnesses,” said Mariela Ruacho of the American Lung Association.

Just one sportfishing boat produces the equivalent exhaust as 162 diesel school buses, according to an Air Resources Board report. It put the cost for retrofitting and replacing harbor vessels at $1.8 billion from 2023 to 2038 — less than half of the monetary health benefits, pegged at $5.25 billion.

Tug, ferry concerns

The new rules begin kicking in next year and continue through 2031, depending on the type of boat, its age and the type of engine. Those with the dirtiest emissions are being targeted first.

There are also provisions for a series of extensions that could delay upgrades until 2034, including extensions if new technology required is unavailable. Particular concerns from sportfishing boat operators were addressed through these extensions, resulting in those operators dropping their opposition and supporting the new rules.

“The new compliance schedule is aggressive and we will need to be diligent in ensuring continued compliance as new technology becomes available,” said Ken Franke, president of the Sportfishing Association of California. “The great news for our coastal communities is that our boats will not be pulled from service starting next year. They will continue to provide millions of Californians affordable access to the sea while also working to reduce emissions.”

Remaining steadfast in opposition were operators of tugs, towboats and barges, who complained that the timelines were too abrupt, that costs could threaten their continued operations, and that there were inadequate grants and subsidies available to help them pay for the transition.

“Unfortunately, CARB’s harbor craft regulations risk sidelining not only the most environmentally sustainable mode of freight transportation, but also an industry that has safely and reliably kept cargo moving during the pandemic and supply chain crisis of the past two years,” said Jennifer Carpenter, president of the American Waterways Operators trade group.

The impact on Catalina ferries remains unclear.

“Without state funding, the regulations place an impossible cost burden on the Catalina Express and other ferries,” said Jim Luttjohann of Love Catalina Island, a tourism bureau.

A 2021 letter from Catalina Channel Express to regulators detailed the costs of meeting the new regulations, and said the company could not afford the upgrades. However, no officers or employees of the company spoke at Thursday’s meeting.

Air Resources Board member Hector De La Torre said efforts were underway to make sure the ferry company got the funding it needed, and Catalina’s state representatives — Sen. Ben Allen, D-Redondo Beach, and Assemblyman Patrick O’Donnell, D-Long Beach — had said they’d help address the issue.

“I’m very sympathetic to the situation of Catalina,” De La Torre said. “(Ferries are) the lifeline for the people who live there.”

While the new regulations are complicated — with numerous deadlines and contingencies — board members praised their staff for coming up with a plan that addresses the varied circumstances of different harbor craft as well as the need to better protect public health.

“Staff has done a good job in threading the needle,” board member John Balmes said.