California goes it alone again

California is again going its own way in rulemaking, disregarding IMO recommendations and international considerations in the process, and is getting ready to impose a maximum speed for the whole length of the 1,000 mile state coastline, possibly out to the 40 nautical miles mark.

California looks set to impose mandatory speed restrictions. Credit: Curtis Perry

There is still some discussion of exactly what the speed should be and whether the boundary should be 20 or 40 nm.

This proposal is the latest step in a process that began with the voluntary scheme introduced by Los Angeles and Long Beach that reduced docking fees for carriers sailing at a maximum of 12 knots within 20 nm and 40 nm of an arc radiating from the Point Fermin lighthouse. The first in the world – since followed by New York/New Jersey and San Diego – this has proved extremely successful.

In 2012, more than 90% of vessels qualified for the 20 mile incentive and 80% for 40 miles.

Fees are reduced by 15% for the first day of docking for 20-mile compliance and 30% for vessels within the maximum at 40 miles. The concessions apply only if a set percentage of vessel calls qualify over a full year and cannot be claimed for individual calls, while there also have to be a minimum number of calls to qualify.

The anti-pollution success of the scheme is shown by a 70% reduction in particulates between 2005 and 2012 at Los Angeles. NOx was down 50%, SOx 75% and carbon monoxide 45%.

Emission volumes at the port in short tons in 2011, the latest year for which statistics are available, were:

PM DPM NOx SOx CO2
82 84 1158 761 41531

What worries the industry about California’s proposal is that it is a further reach of power by the agency responsible, the Air Resources Board. “This is an exercise in power grabbing. The board created a furore a couple of years ago with the low sulphur regulations,” says a senior maritime official, “which were in many respects impractical. This clashed with federal and IMO regulations. This new authoritarian approach tells ship owners what speed they must sail at – and it won’t surprise us if they mandate it to the 200-mile IMO Emission Control Area.

“Next up – could the board get around to dictating what types of ships can sail into state ports? The agency goes ahead and issues directives without consulting other US states, foreign countries and expert international organisations.”

This sort of one-sided action is a trend that BIMCO warns against in its annual Reflections. “In principle, all regional regulation deviating from international regulation should be opposed, as it creates uncertainty, hinders transparency and adds complexity to an already very complex set of rules, making compliance and enforcement unnecessarily complicated,” says the association.