Long Beach threatened with lawsuit

NITL -- Logistics Management, 2/12/2008

Two environmental groups this week warned the Port of Long Beach to take immediate steps to reduce pollution or face legal action within 90 days.

The letter was written by the National Resources Defense Council and the Coalition for a Safe Environment to Long Beach Mayor Bob Foster, Harbor Commission President Mario Codero and Port Executive Director Dick Steinke. It acknowledged plans by the Port to reduce pollutants, but said that the Port has so far failed to implement them.

The environmental groups said that steps must be taken now to reduce endangering the public and offered it own recommendations how this may be accomplished.

First pending a trial in its threatened lawsuit , the group said the Port must prevent increases in emissions from Resource Conservation and Recovery Act (RCRA) hazardous wastes. Second, on a permanent basis, the Port must achieve the lowest attainable rates for emissions from diesel particulates. To achieve this, the group states that, at a minimum, the following measures should be taken in the following areas:

Ocean Going Vessels:

Use low sulfur fuel;
Introduce alternate marine power;
Use new vessels;

Construction Equipment (greater than 25 horsepower):

Meet current emission standards and,
Be equipped with Best Available Control Technology for emissions reductions of PM and NOx or;
Use an alternative fuel such as natural gas or biodiesel.

Port Serving Diesel Trucks:

Within 6 months a fully developed truck replacement plan with a permanent funding mechanism must be in place…

The plan should include a methodology for scrapping the replaced trucks so that they are not used to pollute some other location. In addition, the Port must adopt a sustainable program that will strengthen the drayage truck market and ensure new trucks are well maintained and operated efficiently.

By 2015, all port drayage to rail yards must be zero-polluting vehicles.

Rail Operators

All locomotives coming onto Port property must be equipped with diesel particulate filters or equipment by 2014; and,
All locomotives must be equipped with U.S. EPA tier 3 engines within four years of adoption of those standards.

Cargo Handling Equipment

All yard tractors must run on alternative fuels and meet U.S. EPA tier 4 non-road standards or 2007 on-road standards effective immediately;
All other cargo handling equipment (e.g., forklifts, top picks, side picks, rail stackers and straddle carriers) must: (1) meet current emissions standards; (2) be equipped with BACT for emissions reductions of NOx and PM; or, (3) use an alternative fuel such as natural gases or biodiesel; and,
Convert all diesel powered RTG cranes to hybrid systems including flywheel, battery or other energy storage devices.

The letter concludes by stating unless these issues are resolved within 90 days of the date of the letter (February 6), a suit will be filed in federal district court seeking preliminary and permanent injunctive relief. A similar letter was not sent to the Port of Los Angeles as the environmenta l groups are in negotiations with that Port over expansion of its TraPac terminal. For a complete copy of the letter, click here (PDF).