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Board denies petition to regulate ocean-going cruise ships, saying state lacks authority
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Summary
DEQ recommended and the board voted to deny a petition seeking state rules for cruise ships (low-sulfur fuel, scrubber ban, shore power, wastewater limits and independent monitoring), citing state law and federal limits on regulating mobile sources.
The State Air Pollution Control Board voted to deny a petition requesting state-specific regulations for ocean-going passenger cruise ships after DEQ staff and legal counsel advised the board the state lacks authority to regulate those mobile sources.
Mike Dowd, presenting DEQs analysis, said the petition (filed 09/30/2024 by Robert Hodgson) requested that the board mandate low-sulfur fuel, ban open-loop scrubbers, require shore power, restrict dumping of gray and black water, and require incident reporting and independent monitoring. "The petition asks that the board initiate a new regulatory rulemaking for ocean class passenger cruise ships to do the following, mandate the use of low sulfur fuel, ban the use of exhaust gas cleaning systems also known as open loop scrubbers, require the use of shore power, restrict the dumping of gray water, black water, and other environmental detrimental waste products, and finally, to require incident reporting and independent monitoring to assure compliance," Dowd said.
Dowd summarized public comments (about 45 submissions, ~35 in support, ~7 opposed) and recommended denial on legal grounds: state law limits the boards authority to regulate mobile sources and the federal Clean Air Act generally preempts state regulation of motor vehicles and similar mobile sources. He noted that international standards (IMO 2020) and federal enforcement (via EPA and the U.S. Coast Guard) already apply. After DEQ staffs presentation, board counsel told the chair they concurred: "I do, mister chairman. I've, reviewed the staff's very, thorough, analysis of this question, and I agree with it," counsel said.
The board then voted to deny the petition; staff noted the Administrative Process Act requires a written decision to either grant or deny a petition and that denial is the appropriate action when the board lacks jurisdiction.
The denial closes this petition at the state board level; the transcript shows the petitioners arguments and public comments are recorded in DEQs Town Hall docket and will also be considered by the water board where water-discharge issues were raised.
