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ISSUE: DIESEL POLLUTION IN PORTS

Introduction

Most of the nation’s trucks, buses, ships, trains, and off-road machinery run on diesel engines. Despite diesel’s characterization as a clean fuel due to efficiency and low carbon dioxide emissions, recent studies conclude that diesel emissions can have severe adverse effects on human health and the environment. Although diesel emits less CO2 than petroleum, it emits more nitrous oxide and particulate matter, contributing to smog, global climate change, and health problems like asthma, heart disease, and cancer.(1) The Natural Resources Defense Council (NRDC) is playing a key role in raising awareness and promoting action to reduce the harmful effects of diesel. An NRDC report issued in 2001 concluded that children who ride diesel-powered buses to school every day have an increased risk of cancer from diesel exhaust. NRDC’s research prompted a nationwide campaign to make our children’s school buses less toxic, and their continuing efforts at diesel research and education are encouraging awareness of diesel’s downside across the country.(2) For more information on what’s being done to protect our children from the dangerous effects of diesel, please see SERC’s Policy Issues Package on School Bus Diesel Emissions.

The negative effects of diesel exhaust are compounded in areas frequented by diesel users, and our nation’s ports are one of those most severely affected. A March 2004 report by NRDC and the Coalition for Clean Air criticizes the U.S. marine industry for its negative environmental impact. According to that report, U.S. seaports are the nation’s largest and most unregulated polluters.(3) Diesel-burning trucks converge at ports to load and unload shipments from diesel-burning ships, and often have to wait there with their engines idling.

Idling, from diesel-powered commercial trucks, is estimated to contribute 36.2 million tons of pollution annually.(4) A study conducted in Vancouver, Canada demonstrated that idling ships are responsible for 58% of the greenhouse gas emissions over the city and for 95% of sulfur compounds that contribute to its smog.(5) One cruise ship emits the diesel exhaust equivalent of 10,000 to 12,000 cars – a big problem for areas that rely heavily on the cruise ship industry.(6) The busy ports at Long Beach and Los Angeles, California, taken together, emit more pollution that the region’s top 300 emitting industrial plants and refineries.(2) A 2003 study in Oakland, California, revealed that diesel emission levels in the community near the port were 90 times higher per square mile than in the rest of the state.(7) Most major U.S. ports, including Los Angeles, Oakland, Long Beach, New York, New Jersey, and Houston, violate federal safety standards for ozone and particulate matter.(2) Despite all this evidence, U.S. seaports lack the environmental regulations imposed on almost every other major industry.

The state of California has been the most outspoken in the U.S. for making diesel cleaner and less hazardous. California’s State Air Resources Board classified diesel exhaust as a known carcinogen in 1990 and as a toxic air contaminant in 1998(2)(8), and the state’s busy ports at Los Angeles, Long Beach, and Oakland have begun measures to combat diesel emission effects. The port of Los Angeles, which services about 40,000 diesel-powered trucks each day, uses electric-powered cranes and has initiated a tugboat engine retrofit program, expected to reduce nitrogen oxide emissions by more than 80 tons per year. Ports at Los Angeles and Oakland have begun to establish the infrastructure necessary to provide electrical hookups to some boats as an alternative to idling and to retrofit existing diesel engines with pollution control devices.(2)(9) A California bill, passed in 2002, imposes fines on diesel-burning trucks that idle for longer than 30 minutes at ports, and other states and cities have followed their lead.(10) In addition, many coastal cities around the country now require that diesel-burning trucks and ships at their ports use ultra-low sulfur diesel, which is much kinder to human health and the environment.(11)

There are several other measures that have been proposed to reduce the harmful effects of idling diesel engines. Technology-based solutions, such as IdleAir, allow truckers to stop their engines and plug into an electrical resource to keep them warm or cool, and allow the use of electrical devices.(12) At ports, similar technologies have been devised and proposed for ships. Off-road equipment used near ports can be made to run on electricity or natural gas rather than diesel. Some states are discussing legislation that would extend the hours that ports are open and staffed for loading and unloading, aiming to reduce waiting and idling times; others are working on advanced communications technology to help ships and trucks know when and where to be to make or pick up a delivery to improve speed and efficiency.(7) At the federal level, in light of the appalling lack of environmental regulation at U.S. ports, NRDC and other air quality advocates strongly recommend that the U.S. Environmental Protection Agency (EPA) include diesel-burning marine vessels in its ultra-low sulfur diesel (15ppm) phase-in beginning in 2007.(2)

For more information on diesel alternatives, see SERC’s Policy Issues Package on Biodiesel.

Laws Affecting Ports and Marine Terminals

California
AB 2650, passed in September 2002, effective January 1, 2003, imposes fines on marine terminal operators who allow heavy-duty diesel trucks to idle for more than 30 minutes at California ports. The law also establishes the California Port Community Grant Program, funded from fines on marine terminals, to provide grants to truck drivers to replace and retrofit diesel engines.

Illinois
HB 2563, introduced 2/20/03, creates the Idling Time and Emissions Reduction Act. The bill provides that a marine or rail terminal must operate in a manner that does not cause the engines of diesel trucks to idle or queue for more than 30 minutes while waiting to enter the terminal. It also provides that, any time a truck idles for more than 30 minutes while waiting to enter, the terminal is guilty of a petty offense punishable by a fine of $250.
Status: Sent to House Committee on Rules 2/13/03

Massachusetts
SB 1218, introduced 2003, would prohibit the idling or queuing of heavy-duty diesel trucks at marine terminals for more than 30 minutes and establish fines for violations.
Status: From Joint Committee on Natural Resources and Agriculture, accompanies study order H 4539

New Jersey
A 3491 (S 2438), introduced 5/5/03, would prohibit the idling or queuing of heavy-duty diesel trucks at marine terminals for more than 30 minutes and establish fines for violations.
Status: Sent to Assembly Transportation Committee 5/503.

A 1483, introduced 1/13/04, prohibits the idling or queuing of heavy-duty diesel trucks at marine terminals for more than 30 minutes.
Status: Sent to Assembly Committee on Transportation 1/13/04

Texas
HB 3447 (2003) would prohibit the idling or queuing of heavy-duty diesel trucks at marine terminals for more than 30 minutes and establish fines for violations.

Washington
HB 1661, introduced 2/4/03, provides that a marine or rail terminal must operate in a manner that does not cause the engines of diesel trucks to idle or queue for more than 30 minutes while waiting to enter the terminal. The bill also provides that, any time a truck idles for more than 30 minutes while waiting to enter, the terminal is guilty of a petty offense punishable by a fine.
Status: Sent to House Committee on Fisheries, Ecology and Parks 2/4/03

Anti-Idling Regulations

Note: Many states have general anti-idling regulations; for a chart of states with anti-idling provisions, as of February 2003, visit the EPA online.

The following laws apply specifically to diesel-idling. There are exemptions in many of the existing laws, which render them ineffective at combating problems with diesel emissions.

District of Columbia
Title 20, Reg 900.1 – No longer than 3-minute idling time for diesel vehicles.
Exemptions: Operation of air conditioning for 15 minutes on a bus with 12 or more passengers, or operation of heating equipment in temperatures below 32°F.

Nevada
NAC 445B.576 – No longer than 15-minute idling time for diesel vehicles.
Exemptions: When a variance is issued; emergency vehicles; removal of snow; used to repair or maintain other vehicles; traffic conditions; during repair/maintenance; emission is treated and contained by method approved by commission; engine must idle to perform a specific task (e.g., drilling).

New Hampshire
Env-A 1101.05 – Idling time allowed for diesel vehicles (5-15 minutes) dependant on temperature.
Exemptions: Traffic conditions; emergency vehicles; takeoff power for auxiliary uses; vehicle is being repaired/serviced; operated solely to defrost windshield.

New York
Environmental Conservation Rules and Regulations, Chapter 3, Subpart 217-3.2, 3.3 – No longer than 5-minute idling time for diesel vehicles.
Exemptions: Traffic conditions; if regulation already exists to maintain conditions for passenger comfort; during maintenance; to provide power for auxiliary purpose; emergency vehicles; mining/quarrying on own property; temperature less than 25°F, if motionless for 2 hours; diesel waiting to undergo a roadside emission inspection; hybrid electric engine charging batteries.

Pennsylvania
City of Philadelphia Reg. IX – No longer than 2-20 minutes, dependant on temperature and conditions for heavy-duty diesel vehicles over 8,500 lbs. or with passenger-carrying capacity over 12 persons.
No exemptions.

Rhode Island
H 7370, introduced 1/27/04, would regulate the idle times of diesel-powered buses and would establish fines for violations of the regulation.
Status: From House committee on Health, Education and Welfare, scheduled for hearing 2/4/04.

Texas
City of Houston/Galveston, Texas, Sec 114.500-114.509 – No longer than 5-minute idling time between April 1 and October 31 for diesel vehicles over 14,000 lbs.; no longer than 30 minutes for heat/air conditioning for transit and school buses.
Exemptions: Traffic conditions; vehicle is being repaired/serviced; solely to defrost windshield; power source necessary for mechanical operation other than propulsion; airport ground service equipment; emergency vehicles; owner of vehicle rented or leased to another who is not employed by the owner.

Vermont
S 250, introduced 1/6/04, prohibits diesel buses and trucks from idling for more than three minutes in most situations.

Innovative Approaches

California
AB 2042, introduced 2/17/04, requires the Ports of Long Beach and Los Angeles to ensure that all future growth at each port will have a zero net increase in air pollution. The bill also requires each port to establish the baseline for air pollution in consultation with the South Coast Air Quality Management District.
Status: Sent to Assembly Committee on Transportation; scheduled for hearing 4/12/04.

Washington
SB 6386 (HB 1661), introduced 1/19/04, establishes a process for a review committee to identify areas in the state most in need of diesel exhaust reduction, and to initiate electrification pilot projects at those sites.
Status: Sent to Senate Committee on Rules 2/6/04

Press Clips

Sources:
(1) Peplow, Mark. “Diesel makes for more smog.” Nature. 6 February 2004. 29 March 2004 <http://www.nature.com/nsu/040202/040202-13.html>.
(2) Solomon, Gina M., Todd R. Campbell, Gail Ruderman Feuer, Julie Masters, and Artineh Samkian. “No Breathing in the Aisles: Diesel Exhaust Inside School Buses.” Natural Resources Defense Council (NRDC) and the Coalition for Clean Air. January 2001. 29 March 2004 <http://www.nrdc.org/air/transportation/schoolbus/schoolbus.pdf>.
(3) Bailey, Diane, Thomas Plenys, Gina M. Solomon, Todd R. Campbell, Gail Ruderman Feuer, Julie Masters, and Bella Tonkonogy. “Harboring Pollution: The Dirty Truth about U.S. Ports.” Natural Resources Defense Council (NRDC) and the Coalition for Clean Air. March 2004. 29 March 2004 <http://www.nrdc.org/air/pollution/ports/ports.pdf>.
(4) “No More Idling: One Possible Solution to the Idling Challenge.” 10-4 Magazine. 29 March 2004 <http://www.tenfourmagazine.com/misc/2004/1a.html>.
(5) Klein, Ross A. “Cruising – Out of Control: The Cruise Industry, The Environment, Workers, and the Maritimes.” Halifax, Nova Scotia: Canadian Centre for Policy Alternatives - Nova Scotia, March 2003. KAHEA: The Hawaiian-Environmental Alliance. 1 April 2004 <http://www.kahea.org/ocean/pdf/rkline_report_3-03.pdf>.
(6) Smith, Cha, Executive Director, KAHEA: The Hawaiian-Environmental Alliance. “Hawai‘i Needs Cruise Ship Regulations Now.” Hawai‘i Island Journal (October 1-15, 2003). KAHEA: The Hawaiian-Environmental Alliance. 1 April 20044 <http://www.kahea.org/ocean/pdf/HI_Island_Journal_Viewpoint.pdf>.
(7) Leavitt, Wendy. “Convergence zone - diesel emission levels in Pacific States - Industry Overview.” Fleet Owner. 1 January 2004. looksmart. 1 April 2004 <http://www.findarticles.com/cf_dls/m3059/1_99/111862725/p1/article.jhtml>.
(8) “Diesel School Buses: Health Effects and Opportunities for Change.” INFORM: Strategies for a better environment. 1 April 2004 <http://www.informinc.org/fact_schoolbus.php>.
(9) “Port of Oakland Maritime (Seaport) Air Quality Fact Sheet.” Bay Crossings 5.1 (February 2004). BayCrossings.com. 1 April 2004 <http://www.baycrossings.com/Archives/2004/01_February/port_of_oakland_maritime_seaport_air_quality_fact_sheet.htm>.
(10) State of California. California State Assembly. “An act to amend Section 42407 of, to add Section 40720 to, and to add Chapter 9.8 (commencing with Section 44299.80) to Part 5 of Division 26 of, to add and repeal Section 40720.5 of, and to repeal Section 44299.83 of, the Health and Safety Code, relating to air pollution.” 2001-2002 Session, Assembly Bill No. 2650. 30 September 2002. Official California Legislative Information. 1 April 2004 <http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2601-2650/ab_2650_bill_20020930_chaptered.pdf>.
(11) “Subtracting Sulfur: Reducing Diesel Sulfur Levels to Reduce Urban Pollution.” New York, N.Y.: Natural Resources Defense Council, February 2002. 1 April 2004 <http://www.nrdc.org/air/transportation/psulfur.asp>.
(12) “IdleAire – A Practical Alternative to Diesel Idling.” IdleAir Technologies Corporation. 1 April 2004 <http://www.idleair.com/>.
This page was last updated on April 1, 2004.

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