California low-sulphur fuel rule to become legally effective
3rd June 2009 22:43 GMT

California fuel rule requires compliance from July 1, 2009The California low-sulphur fuel regulation has received approval by the Office of Administrative Law, and will become legally effective on June 28, 2009 the California Air Resources Board (ARB) announced on Wednesday.

Compliance for the Phase I fuel requirements will begin on July 1, 2009 for main engines, auxiliary engines, diesel electric engines and auxiliary boilers.

Under the ARB regulation, ocean-going vessels operating within 24 nautical miles of California's coastline will be required to use either marine gasoil (MGO), with a maximum of 1.50% sulphur, or marine diesel oil (MDO) with a maximum of 0.50% sulphur in their main engines, auxiliary engines and auxiliary boilers, effective July 1, 2009.

Beginning January 1, 2012, vessel operators will be required to use MGO or MDO with a maximum 0.10% sulphur in their main and auxiliary engines and auxiliary boilers.

"We see the regulation as a bridge to the proposed ECA the US EPA under the recent IMO amendment, just as the LA/Long Beach ports voluntary fuel incentive scheme acts as a bridge to the ARB regulation," ARB staff who worked on the fuel regulation told Sustainable Shipping.

Concerns have been raised over whether the ARB has jurisdiction up to 24 nm.

In April, the Pacific Merchant Shipping Association (PMSA) filed a complaint against the ARB on the fuel regulation, stating that, "Under the Submerged Lands Act, the State of California has no jurisdiction to regulate vessels in waters that are seaward from California¡¯s territorial boundary of three geographical miles from its coast line."

When asked about the three mile rule ARB staff told Sustainable Shipping "the PMSA believe in what they believe and we would argue that."

The US Coast Guard is advising shipowners and operators to apply caution when switching fuels to reduce potential risks and prevent propulsion losses.

"Proper procedures, training, and maintenance are essential for vessels to safely switch between heavy/intermediate fuel oils and marine distillates," the Coast Guard Marine Safety Notice cautioned.