Comment Log Display

November 9, 2006

Mr. Robert F. Sawyer, Ph.D., Chair
and Board of Directors
California Air Resources Board
P. O. Box 2815
Sacramento, CA 95812

Re: Support Proposed Amendments to the Airborne Toxic Control
Measure Amendments Limiting Onboard Incineration on Cruise Ships
and Oceangoing Ships

Dear Dr. Sawyer and Air Resources Board of Directors,

Bluewater Network – a division of Friends of the Earth, Natural
Resources Defense Council and Union of Concern Scientists urge you
to support as presented by staff the Proposed Amendments to the
Airborne Toxic Control Measure Amendments Limiting Onboard
Incineration on Cruise Ships and Oceangoing Ships at your November
16 and 17, 2006, board meeting. The regulation implements
legislation banning on-board incineration by ocean-going ships in
state waters (SB771 – Simitian) sponsored by Bluewater Network.
The proposed amendments extend the incineration ban on cruise
ships to all large ocean-going vessels including commercial,
military and research vessels. 

The amended regulation will protect public health in California’s
ports and coastal communities by reducing exposure to air toxics
emitted during on-board incineration of solid wastes by
ocean-going ships operating in state waters. 

This regulation will ensure that California residents and offsite
workers who live or work near ports and along the coast receive
minimal, if any, exposure to air toxics from on-board incineration
such as dioxins, furans and toxic metals. These air toxics can be
emitted when ships incinerate garbage, paper, cardboard, plastics,
sewage sludge, oily sludge, sewage solids and other solid waste.
With the expected expansion of shipping traffic and size, this
regulation’s public health protection value will only increase
over time.

This important regulation builds on the cruise ship incineration
regulation that you passed last year. Until then, there were no
state or federal protections from shipboard incineration emissions
– even while landside incinerators are strictly regulated. Further,
while international shipboard incineration standards went into
effect in May 2005, they do not adequately protect state air
quality as incineration is permitted in ports, harbors and coastal
waters.

The enforcement provisions in the state regulation proposed by
staff will ensure the effectiveness of the ocean-going ship
incineration ban.  We are very supportive of the inspection
program proposed by staff to monitor compliance. In addition, we
believe that the record-keeping requirements out to 24 nautical
miles and the specificity of the three-mile boundary as defined
using nautical charts from the National Oceanographic and
Atmospheric Administration are critical to the implementation of
the incineration ban.

In response to comments submitted by industry organizations, we
must state that we support the ARB’s inclusion and definition of
“California Regulated Waters” in the regulation. While the
incineration ban is limited to three miles, we support the ARB’s
authority to regulate beyond three miles to the boundary of
regulated waters as needed to protect human health and the
environment from air emissions that are generated offshore.

We do not support the shipping industry’s proposal that this or
other California regulations should be removed if and when federal
or international regulations that are equal to or better than
California’s are established. This is due to the ongoing
uncertainty related to environmental protections and the political
process at the federal and international level. As we have seen in
recent years, many national air protections have been rolled back
under the Bush administration. This could occur again, so it is
important that the state of California maintain its own
environmental protections independent of federal and international
laws as needed.

Lastly, we would once again like to commend the Air Resources
Board staff, particularly team lead Michelle Komlenic, for the
excellent research on ship incineration and the public health risk
assessment contained in the staff report and initial statement of
reasons. This comprehensive report contains information about ship
incineration practices and potential public health risks that have
not been previously compiled in a public document. We hope that it
may provide a model for other states and entities when considering
air toxic rules related to incineration on board ocean-going
ships. 

With all these factors in mind, we urge you to please adopt as
proposed by staff the Proposed Amendments to the Airborne Toxic
Control Measure Amendments Limiting Onboard Incineration on Cruise
Ships and Oceangoing Ships

Sincerely yours,
 
Teri Shore
Campaign Director, Clean Vessels

Diane Bailey
Health and Environment Program
Natural Resources Defense Council

Don Anair
Clean Vehicles Engineer
Union of Concerned Scientists