Environmental Policy Issues on the Horizon for U.S. Ports

1. Environmental Policy Issues on the Horizon for U.S. Ports Meredith Martino Manager, Government Relations and Environmental Policy March 1, 2010 American Association of Port Authorities 703.684.5700 •www.aapa-ports.org

2. AAPA Overview Committed to keeping seaports navigable/secure/sustainable • AAPA - a hemispheric alliance of 160 port authorities, including 13 in Caribbean • Members include 300 related organizations • Association promotes info sharing/education & training

3. Seaports Deliver Environmental Stewardship Port authorities are committed to significantly reducing environmental impacts on their surrounding communities and natural resources • AAPA members embrace sustainability as standard business practice, balancing economic prosperity pursuit with natural resources protection • Throughout Western Hemisphere, seaports engaging in cutting-edge programs, initiatives that protect water, air, soil

4. The Regulatory Environment Policy milestones have been reached on some issues… • Ballast water • EPA’s Vessel General Permit entered into effect in December 2008 • Air emissions • North American Emissions Control Area expected to be approved this month by the IMO • EPA Regulations to implement ECA standards in U.S. waters were finalized in December 2009 footer goes here

5. Pending/Potential Regulations …but still have new aspects that are developing • Ballast water • Draft Coast Guard rulemaking on discharge standards accepted comments through December 2009 • Air emissions • EPA finding that it can regulate greenhouse gas emissions under the Clean Air Act • This finding enables the agency to move forward with a climate change regulatory program without Congressional action or approval • Chamber of Commerce and others are legally challenging this finding footer goes here

6. Beyond Regulations Agency processes may play out outside the Federal Register • Executive Orders • Policies and guidance documents from the President’s Council on Environmental Quality • Direction from Office of Management and Budget • Voluntary programs and initiatives from the Administrator or Secretary’s office at EPA, Department of Transportation and other agencies footer goes here

7. Marine Spatial Planning “Ocean zoning” is getting a lot of attention • CEQ is leading efforts to develop a National Ocean Policy • Coastal and Marine Spatial Planning is a key part of those efforts • MSP maps various uses of the coasts and oceans and overlays them into a single plan • Environmental groups, aquaculture, oil and gas industries all have a stake in this process footer goes here

8. AAPA Supports Marine Spatial Planning That Recognizes, Includes Human Use Aspects Of The Coastal Environment • Pressures confronting those responsible for managing coastal resources include: • facilitation of commerce • preservation of habitat • access to energy sources • coastal community growth, including increased public access • Marine spatial planning: • Offers opportunities to plan for the future • Ensures needs of all are met • Protects human uses of the waterfront

9. Health Impact Assessment Going beyond calculating health risks • While Health Risk Assessments look at specific risks associated with a project (air quality impacts, etc), HIA is much broader • Similar in scope to an Environmental Impact Assessment, an HIA looks broadly at how a project or policy would impact community health • Topics evaluated can include access to health care, disease impacts (cardiovascular problems, diabetes, etc) and others • EPA held an HIA scoping meeting on Port of Los Angeles project • San Pedro-based community groups want to include this as a standard review of projects footer goes here

10. Sustainable/Livable Communities Administration is taking a bigger picture look at planning • The Obama Administration finally has most of its political appointees in place • Larger, cross-cutting themes are beginning to emerge across agency lines and budgets • EPA has created an Office of Sustainable Communities and eliminated its Sector Strategies program • Department of Transportation has identified Livable Communities as one of its priorities in the FY ‘11 proposed budget • Goal is to coordinate commerce, housing and transportation footer goes here

11. Environmental Justice “Social” pillar of sustainability continues to receive attention • Federal government is paying more attention to how environmental impacts affect nearby communities, especially low-income and minority populations • National Environmental Justice Advisory Committee had a Goods Movement Working Group that issued a report on reducing air emissions in September 2009 • Port of Seattle represented port industry in the group • Key recommendation is to increase impacted communities’ “capacity and effectiveness to engage in and influence decisions related to goods movement” footer goes here

12. Potential Legislative Action Congressional priorities don’t necessarily match Administration • Focus on Capitol Hill continues to be economic recovery and jobs • Growing budget deficit is a hindrance to new or expensive programs footer goes here

13. Trucking Regulation/F4A Addressing trucks air emissions may play out legislatively • Environmental and labor interests are pushing hard to amend the FAA Authorization Act to allow local governments to more strictly regulate trucking industry to address a variety of concerns, including environmental • Port authorities have taken a variety of approaches to reduce emissions from drayage trucks • AAPA does not think there is a need at this time for Congress to amend F4A • Many ports are implementing clean truck programs to reduce truck emissions in port communities footer goes here

14. Climate Change Legislation Legislation stalled but threat of EPA action may break impasse • House of Representatives passed comprehensive climate bill last fall • Senate Environment and Public Works Committee marked up a bill without any Republican participation • One-party action has effectively killed climate change legislation for the near future footer goes here

15. DERA Funding and Reauthorization Ports continue to do well, program set to expire next year • Diesel Emissions Reduction Act funds grants to reduce diesel emissions from targeted sectors and public fleets • Ports/marine received approximately 20% of the available funds from the American Recovery and Reinvestment Act • FY ‘09 and FY ‘10 competition results are expected to be announced soon • FY ‘11 request was $60 million – level funding from last year but less than authorized amount of $200 million or identified needs of $1 billion • Program set to sunset next year • AAPA is part of a coalition of manufacturers, environmental groups and users to work on reauthorization footer goes here

16. Meredith Martino mmartino@aapa-ports.org American Association of Port Authoritieswww.aapa-ports.org● 703-684-5700