Environmental Issues

PORT CLEAN AIR INITIATIVES

PORT AUTHORITY OF NEW YORK & NEW JERSEY CLEAN AIR STRATEGY

The Port of New York and New Jersey has extensive environmental programs, ranging from proposed strategies to reduce air emissions from shipping to an Environmental Management System to reduce impact from facilities' operations. The goal is to significantly reduce nitrogen oxide and particulate matter pollution, as well as greenhouse gases by replacement of the oldest and most polluting trucks serving the port, installation of shore power capability at the Brooklyn Cruise Terminal, retrofit of two switcher locomotives serving the Port's on-dock rail operations with GenSet systems, and modernization of cargo handling equipment used by terminal operators leasing space from the Port Authority.

PORT AUTHORITY OF NY & NJ TRUCK REPLACEMENT PLAN

The Port Authority of New York & New Jersey Regional Truck Replacement Program is a special first-come, first-served, limited offer to provide grants and financing to licensed motor carriers and independent owner operators servicing the Port Authority’s marine terminals to help them purchase newer, cleaner and more environmentally-friendly trucks. The purpose of the TRP is to reduce diesel emissions from older trucks and improve local and regional air quality while also improving public health.Tthe TRP aims to replace trucks that have engines Model Year 2003 or older with newer trucks equipped with Model Year 2004 or newer EPA emissions-compliant engines.

NORTHWEST PORTS CLEAN AIR STRATEGY

The Northwest Ports Clean Air Strategy builds on early environmental efforts at the Ports of Seattle and Tacoma, and Port Metro Vancouver in British Columbia, to reduce seaport-related air emissions in the region. It establishes short- and long-term performance measures for reducing emissions from cargo-handling equipment, rail, harbor craft, ocean-going vessels and trucks. Drayage trucks serving the ports were required, as of Jan. 1, 2011, to be equipped with 1994 or newer engines. An additional goal of the program, to be implement by 2015, provides for eighty percent of heavy-duty drayage trucks reach the equivalent diesel emissions level of 2007 or newer engine model year.

PORT OF TACOMA CLEAN TRUCK PROGRAM

The Port of Tacoma requires trucks to be registered with the Port and for drayage trucks to display a Clean Truck Sticker on the driver's side door..

PORT OF SEATTLE CLEAN TRUCK PROGRAM

The Port of Seattle Clean Truck Program requires all trucks to be registered in the Port’s Drayage Truck Registry and display the Green Gateway sticker on the driver’s side door.

SAN PEDRO BAY CLEAN AIR ACTION PLAN

Harbor commissioners from Los Angeles and Long Beach held a special joint session on Monday, November 22, 2010 and unanimously approved an updated version of the San Pedro Bay Ports Clean Air Action Plan (CAAP). The 2010 CAAP Update to the plan enacted in 2006 has initiated a wide range of air pollution-reducing measures for the ships, trains, trucks, and other heavy machinery used to move approximately $300 billion worth of freight through the port complex each year.

Please see below for information pertaining to trucks.

PORT OF LOS ANGELES AND LONG BEACH CLEAN TRUCK PROGRAM

As part of the San Pedro Bay Ports Clean Air Action Plan, the Port of Los Angeles and Port of Long Beach implemented Clean Truck Progams on October 1, 2008. These efforts aimed at reducing air pollution from harbor trucks by more than 80 percent by 2012.Trucks not meeting the emission standards would be required to pay fees for trucks not meeting the emission standards. Older trucks also would be banned from the ports on a phased-in schedule.

  • October 1, 2008: All pre-1989 trucks were banned from entering the ports
  • January 1, 2010: 1989-1993 trucks were banned, in addition to 1994-2003 trucks that were not retrofitted
  • January 1, 2012: All trucks that did not meet the 2007 Federal Clean Truck Emissions Standards were banned from the ports

The Program also provided for financial assistance to motor carriers in the form of subsidies to encourage replacement of older trucks.

Additionally, the initial plan called for motor carriers to sign concession agreements to operate on port property, using only employee drivers to pick up or drop off loads and prohibiting the use of owner-operator drivers. The Port of Long Beach opted not to proceed with the "employee driver" requirement. However, the Port of Los Angeles kept the provision, which prompted intermodal industry opposition and litigation.


Related Issue

The American Trucking Associations brought suit in July 2008, arguing that banning independent drivers violates interstate commerce laws and requested a permanent injunction to block the port’s concession agreements. The port countered it should be exempted from Federal preemption law that prohibits states and localities from regulating motor carriers engaged in interstate commerce. The court ruled in favor of the port, which later announced plans to implement the employee driver requirements that were on hold during the proceedings.ATA appealed the ruling; the court agreed and reinstated the injunction to bar implementation of employee driver requirements during the appeals process. The legal challenge continued through 2011.

On January 4, 2011, IANA filed an Amicus Brief with the 9th Circuit Court of Appeals in support of the ATA position.

On September 26, 2011, the United States Court of Appeals for the Ninth Circuit released its ruling in the ATA vs. Port of LA case which overturned the employee mandate requirement that was adopted by the Port of LA in the Port's Clean Truck Program. The Court found that "while the Port may impose conditions on licensed motor carriers seeking to operate on Port property (such as safety or emissions requirements), it cannot extend those conditions to the contractual relationships between motor carriers and third parties." The Court did uphold several other aspects of the Port's concession program, including issues such as off-street parking, maintenance and financial capability. Both parties were expected to consider if further appeals would be warranted.

CARB — CALIFORNIA AIR RESOURCES BOARD AMENDS PORT DRAYAGE TRUCK REGULATION, MAKING 'DRAY-OFFS' ILLEGAL

The California Air Resources Board amended its port drayage truck rule, making illegal the practice of "dray-offs" — the use of a CARB-compliant truck to take a container from a port or rail yard and transfer the load to a noncompliant truck outside the facility.

The amendment to CARB's drayage truck regulation, which went into effect upon its Nov. 9, 2011 approval, also added specific emissions requirements for Class 7 trucks similar to those that were already in effect for larger Class 8 trucks.

CARB — FINAL REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS ISSUED

The California Air Resources Board issued a final regulation order, the purpose of which was to reduce emissions and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standards for in-use, heavy-duty diesel-fueled vehicles that transport cargo to and from California’s ports and intermodal rail facilities.

This regulation applies to owners and operators of on-road diesel-fueled heavy-duty drayage trucks operated at California ports and intermodal rail yard facilities. The regulation also applies to “motor carriers,” “marine or port terminals,” “intermodal rail yards” and “rail yard and port authorities.”

Drayage trucks subject to the regulation were required to meet specific phase 1 compliance mandates by December 31, 2009 and phase 2 compliance requirements by December 31, 2013. The order provides complete details for drayage truck compliance, as well as the obligations for motor carriers that contract with the drayage truck operator and facilities where the drayage trucks do business.

CARB — CALIFORNIA AIR RESOURCES BOARD "SMARTWAY" REGULATIONS

The California Air Resources Board in December 2008 adopted a regulation to reduce greenhouse gas emissions by improving the fuel efficiency of heavy-duty tractors that pull 53-foot or longer box-type trailers. Fuel efficiency is improved through improvements in tractor and trailer aerodynamics and the use of low rolling resistance tires.

The regulation is expected to reduce greenhouse gas emissions by approximately 1 million metric tons of carbon dioxide-equivalents by 2020, statewide.  Over the 11 years between 2010, when the rule went into effect, and the end of 2020, it is estimated that truckers and trucking companies will save about $8.6 billion when diesel fuel consumption is reduced by as much as 750 million gallons in California and 5 billion gallons across the nation.

The tractors and trailers subject to this regulation must use U.S. Environmental Protection Agency SmartWay certified tractors and trailers, or retrofit their existing fleet with SmartWay verified  technologies.

Financial assistance is available through an ARB loan program and the Federal SmartWay Finance Center. More information can also be found at the federally-funded SmartWay Clean Diesel Finance Program.

Intermodal chassis and containers, and drayage tractors, are exempt from the final regulations. However, 53’ intermodal trailers fall under the rules.