Republican members of Congress have filed resolutions seeking to overturn the federal waivers underpinning two of California’s key maritime emissions regulations, according to Ship & Bunker.
The measures target the state’s Ocean-Going Vessels At-Berth rule and its Commercial Harbor Craft rule. Rep. Vince Fong’s H.J.Res.210 and Sen. Dan Sullivan’s S.J.Res.209 both take aim at the At-Berth waiver, while Sen. Bernie Moreno’s S.J.Res.210 targets the harbor craft waiver. All three were filed on August 6 under the Congressional Review Act (CRA), Ship & Bunker reports.
What the Rules Require
According to Ship & Bunker, the At-Berth rule has been in force in phased form since 2014 and requires vessels calling at California ports to either connect to shore power or capture emissions while docked. A 2020 update extended the requirement to tankers and ro-ros starting in 2025, with full enforceability set for 2027.
The Commercial Harbor Craft rule, in effect since 2023, mandates that tugs, ferries, and other workboats operating in California run exclusively on R99 or R100 renewable diesel. Ship & Bunker notes the rule has been a significant driver of renewable diesel demand on the US West Coast, and it also requires short-run ferries to be zero-emission by the end of 2025.
Background to the Repeal Push
The resolutions follow the EPA’s decision in July to transmit both waivers to Congress as rules, making them eligible for repeal under the CRA, Ship & Bunker reports. Climate campaign group Pacific Environment argues this reclassification breaks with 50 years of precedent under which Clean Air Act waivers were not treated as rules.
Davina Hurt, climate policy director at Pacific Environment, said in a statement carried by Ship & Bunker that the congressional effort “undercuts longstanding investments already made in cleaner vessels, port infrastructure and maritime innovations.” The group cites California Air Resources Board figures crediting the At-Berth rule with 230 lives saved and $2.31 billion in health benefits, and the harbor craft rule with a further 530 lives saved, though Ship & Bunker notes these are the state’s own regulatory assessments rather than independent studies.
Supporters of the repeal effort argue, according to Ship & Bunker, that California’s waivers have effectively made the state a national regulator, since manufacturers and operators build to its standards rather than maintaining separate product lines. A successful CRA repeal would also prevent any future administration from granting a waiver deemed “substantially the same,” a point Ship & Bunker reports both sides acknowledge is central to the strategy.
This maritime push follows Congress’s rescission of three of California’s vehicle emissions waivers last year, and Ship & Bunker notes a separate package of resolutions targeting the state’s car and small-engine waivers was introduced the same day. California is already contesting the earlier vehicle waiver withdrawals in court, with the state’s attorney general seeking a preliminary injunction in June against what he called a “blatantly politically motivated” action.
Whether the maritime resolutions can secure enough votes in both chambers within the CRA’s 60-day review window remains uncertain, Ship & Bunker reports.
Does This Matter to You?
Operators running vessels through California ports, ferry and harbor craft operators, and renewable diesel suppliers on the US West Coast have a direct stake in the outcome, since the rules currently shape fuel purchasing and berth infrastructure decisions. If the waivers are rescinded, compliance obligations tied to shore power connections and R99/R100 renewable diesel use could change, affecting fuel demand patterns and infrastructure investment plans referenced in the source material. The direct operational or compliance timeline impact remains unclear until the congressional votes are resolved.
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
