As our global awareness of environmental concerns continues to grow, marine terminals are under increased scrutiny to adopt sustainable practices and minimize its ecological footprint.
Staying up to date on complex laws like the Clean Air and Water Acts, as well as taking advantage of funding programs like the EPA’s Port Initiative, can be challenging.
In this post, we will provide an overview of environmental regulation and compliance for marine terminal operations in the United States.
Importance of Environmental Compliance in the Marine Terminals
Compliance with environmental regulations and standards brings many benefits for terminal operators.
- Compliance with required standards means avoiding costly fines and penalties
- Regulations will help you avoid major environmental accidents that can damage your company’s reputation and make it harder to do business
- Being a company that leads the way in environmental protection means contributing directly to the conservation of delicate marine ecosystems and emissions reduction
National Regulations
These acts, regulations, and programs operate at the federal level and apply everywhere in the United States.
Clean Air Act (CAA)
The CAA was first enacted in 1963 and has received several amendments since that time to strengthen its provisions. The act regulates both criteria pollutants (e.g., sulfur dioxide, nitrogen oxides, and carbon monoxide) as well as hazardous air pollutants (HAPs), which are substances known to cause or contribute to serious health problems.
While the EPA is primarily responsible for setting standards and regulations, the enforcement of the CAA is delegated between federal and local authorities. Violators of the CAA can face fines, penalties, and legal actions to compel compliance.
CAA standards and regulations that directly apply to marine terminal operations include:
- Diesel Engines
- Marine Vessel Loading Operations
- Paint Coatings
- Vehicle and Terminal Equipment Emissions
Clean Water Act (CWA)
The CWA has been in effect since 1972. Enacted in response to growing concerns over water pollution, the CWA is a federal law that protects surface waters in the United States. These include rivers, lakes, streams, and coastal waters.
The EPA also enforces the CWA at the federal level, though they also coordinate with state environmental agencies. Enforcement includes permits, inspections, water quality monitoring, and legal action against violators. CWA violations can bring penalties, including fines and legal actions to compel compliance.
National Environmental Policy Act (NEPA)
Since it was signed into law in 1970, NEPA’s primary purpose has been to promote informed decision-making and transparency regarding the environmental impacts of federal actions.
NEPA does not contain any enforcement mechanisms or penalties. Instead, it establishes a framework for federal agencies to follow, including environmental impact statements (EIS). These processes typically occur through judicial review, where interested parties, including environmental agencies and the public, can challenge federal decisions and make their voices heard.
EPA Ports Initiative
The EPA ports initiative was developed in 2016. It is a collaboration between the EPA, the port industry, various levels of government, and communities that work in and live near marine ports.
The vision of the EPAPI is to increase the living and working standards of those near ports by improving air quality. The goal is for U.S. ports to become global leaders in clean and efficient freight and passenger transportation.
The EPAPI is not a law or a regulation, so it does not contain any enforcement mechanisms or penalties. Instead, port operators are encouraged to utilize the initiative’s funding, resources, and coordination to improve economic prosperity across the United States.
Diesel Emissions Reduction Act
The Diesel Emissions Reduction program was initially enacted by Congress in the Energy Policy Act of 2005 and was reauthorized as recently as 2023.
DERA was designed to reduce diesel emissions from existing diesel fleets that did not meet the recently adopted federal emission standards. The DERA program offers funding in the form of grants and rebates, and it solicits applications nationwide for projects that achieve significant reductions in diesel emissions.
The DERA is a voluntary program, and port operators interested in applying for funding to improve old diesel fleets and reduce their emissions can learn more on DERA’s website.
Regional Environmental Compliance Regulations
There are also local regulations that are relevant to terminal operators in coastal states like Washington and California.
The Washington State Environmental Policy Act (SEPA)
The state of Washington has had its own Environmental Protection Act since 1971. It applies to decisions made by every state agency, county, city, port, and special district in Washington State.
Like the NEPA, SEPA requires these governmental entities to identify and analyze environmental impacts associated with various decisions, including issuing permits for private projects, constructing public facilities, or adopting regulations, policies, and plans.
Ports and other maritime businesses operating in Washington may be subject to environmental impact reviews and enforcement by the Department of Ecology if they plan to take actions that could significantly impact the environment.
California’s At-Berth Regulation
In California, ocean-going vessels docked in ports are subject to The state’s At-Berth Regulation. This is a policy adopted in 2007 designed to reduce particulate matter and NOx emissions from auxiliary engines.
The regulation applies to all ocean-going vessels, but specific vessel types including container and cargo ships, are required to use a CARB Approved Emission Control Strategy (CAECS) while at berth. See page 12 of the regulation order for more details on CAECS.
Non-compliance with the At-Berth Regulation is punishable by daily fines that are calculated for every day a vessel remains non-compliant.
Stay On Top of Environmental Compliance with Tideworks
Adherence to regulations like the Clean Air Act, Clean Water Act, and National Environmental Policy Act are not just a legal necessity; they’re vital steps towards sustainable marine operations.
By embracing these standards, terminal operators play a crucial role in protecting our marine ecosystems and ensuring the longevity of the industry.
To stay informed about the latest developments in the marine industry, including critical updates on environmental regulations and programs, stay connected with Tideworks.
If you’re looking for a software partner who knows the marine industry, including the necessity of a commitment to environmental conservation, contact Tideworks, and let’s explore solutions that will work for you.