Page 12: of Marine News Magazine (March 2025)

11 13

Insights

Jennifer Carpenter, AWO

NAVIGATING A REGULATORY STORM:

CALIFORNIA STRIKES AGAIN

Onerous emissions rules are certainly no stranger to the maritime sector at large, arguably none more so than those that work and live in California. The U.S.

West Coast state is a global shipping hub, with a coastline spanning more than 800 miles and 11 major ports. It also is known for its penchant for creating and enforcing maritime rules, rules that on occasion transcend the technology and the fiscal means to enact them. Enter Jennifer Carpenter, President and CEO of the American Waterways Operators (AWO), the national advocacy group for the tugboat, towboat and barge sectors. In a recent interview, Carpenter discusses the impact of California’s controversial amendments to the Commercial

Harbor Craft rule, the broader implications for maritime operators, and AWO’s top agenda items under the new Trump administration.

The Regulation posed by these requirements. “Mariners’ lives could be at

The maritime industry is facing a signi? cant challenge risk, vessels could be at risk of ? re, and the environment on the West Coast as new regulations threaten to upend could be at risk,” she warned.

operations, drive up costs, and exacerbate existing supply Despite bipartisan recognition in the state legislature chain disruptions. At the heart of the issue is California’s that these regulations were impractical and unsafe, Gov- 2022 amendments to the Commercial Harbor Craft rule, ernor Newsom vetoed a bill that sought to suspend the a move that industry leaders, including AWO’s Carpenter, requirements until they were proven safe. As a result, the have called both “draconian” and “dangerous.” These regu- industry now faces an uncertain future, with operators lations, which aim to enforce stringent emission standards struggling to comply with unattainable mandates.

on harbor craft, have been met with ? erce opposition from industry stakeholders, citing safety concerns, technological An Emissions Reg Double Standard infeasibility, and severe economic consequences. Further frustrating maritime operators is the perceived

Carpenter was clear that it is California regulators, rather regulatory inconsistency. While the California Air Resources than the state legislature, that took the lead in mandating Board (CARB) withdrew its request to enforce similar emis- new emissions technology on harbor craft, including tug- sions rules for the trucking and rail industries, it pushed for- boats that play a crucial role in guiding ocean-going ves- ward with its requirements for the maritime sector. Under sels in and out of ports. It was the impetus of Carpenter’s the Clean Air Act, California must receive approval from the recent letter to Governor Gavin Newsom for a reprieve. Environmental Protection Agency (EPA) to enforce such

The problem? The mandated equipment simply does stringent emissions standards. In a controversial move, the not exist for maritime use. According to Carpenter, mari- EPA granted partial approval to CARB’s harbor craft regula- time labor, vessel owners, and even the U.S. Coast Guard tions in the ? nal days of the Biden administration.

have voiced strong concerns about the potential hazards However, even this partial approval acknowledged issues 12 | MN March 2025