The US House of Representatives has voted to overturn the federal waiver underpinning California’s Commercial Harbor Craft rule, which has required tugs, ferries, and other workboats in the state to run on renewable diesel since 2023, according to Ship & Bunker.
According to Ship & Bunker, House Joint Resolution 213, sponsored by California Republican James Gallagher, passed 214 to 208 on Wednesday evening. The vote saw three Democrats join 210 Republicans and one independent in favour, based on the House Clerk’s record cited by the publication.
Second Vote in Two Days
The resolution came a day after the House voted 216 to 211 to overturn the At-Berth shore power rule, Ship & Bunker reports. Both resolutions now move to the Senate, where Ohio Republican Bernie Moreno has filed a companion resolution targeting the harbor craft waiver. Ship & Bunker notes that only a simple majority is required for passage in the Senate.
Both measures rely on the Congressional Review Act to disapprove Environmental Protection Agency authorisations that were transmitted to Congress as rules in July. According to Ship & Bunker, repeal under this mechanism would also bar any substantially similar waiver from being issued in the future.
Background on the Rule
The Commercial Harbor Craft rule, adopted in 2009 and amended in 2022, has been a significant driver of renewable diesel bunker demand on the US West Coast, according to Ship & Bunker. The regulation has mandated R99 or R100 fuel for the state’s harbor craft fleet since January 2023 and requires most vessels to fit diesel particulate filters.
Ship & Bunker reports that industry groups argue the filter requirement is unworkable, citing trade publication The Waterways Journal’s reporting that no viable marine particulate filter has yet been designed and that the US Coast Guard has declined to certify existing options. The American Waterways Operators has backed Moreno’s Senate resolution, arguing the rule’s effects extend beyond California into interstate commerce, according to Ship & Bunker.
Campaign group Pacific Environment has opposed both resolutions. Its senior climate campaign director, Teresa Bui, said in an emailed statement reported by Ship & Bunker that the votes would “kill American competitiveness in shipbuilding,” adding that “California’s At Berth and Commercial Harbor Craft waivers spurred investments in cleaner vessels, port infrastructure and maritime innovations. Now all eyes turn to the Senate.”
Does This Matter to You?
Operators of tugs, ferries, and other harbor craft in California, along with renewable diesel suppliers and bunker traders serving the US West Coast, may be affected by the outcome of this legislative process. If the Senate follows the House and overturns the waiver, the mandate requiring R99 or R100 fuel and diesel particulate filters could be repealed, with Ship & Bunker noting that such a repeal would also prevent similar waivers from being reissued in future. This could alter renewable diesel demand patterns tied to the regulation. The direct commercial impact will depend on the Senate vote and any subsequent regulatory changes, which have not yet occurred according to the source material.
Gulf Bunkering does not provide operational or security guidance. This article is for informational purposes only. Operators should consult flag state authorities, P&I clubs, and relevant advisories for decisions relating to transit planning.
Sources: Ship & Bunker
