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A study compiled by the US Environment Protection Agency(EPA)'s Inspector General has concluded that the EPA’s actions to address air emissions from large oceangoing vessels in U.S. ports have not yet achieved the goals for protecting human health.

In the report, the Office of Inspector General says the EPA has delayed reaching a conclusion regarding its authority to regulate ship emissions from non-US-flagged vessels, despite acknowledging "for over 14 years" that human health has been significantly harmed by emissions from these sources.

The document, entitled "EPA Needs to Improve Its Efforts to Reduce Air Emissions at U.S. Ports" sought to determine whether the EPA’s actions to address air emissions from oceangoing vessels have been effective, and whether its strategy to address air emissions from port sources is sufficient to protect human health and the environment.

In its findings, the Inspector General said "EPA has chosen to defer taking a position on whether it has authority to regulate emissions from foreign-flagged vessels, although these vessels account for about 90 percent of all U.S. port calls."

"Thus far, EPA has only regulated nitrogen oxides emissions from U.S.-flagged vessels," the report said, adding that following the IMO's adoption of new international standards for oceangoing vessel engines and fuels in October 2008, the EPA would have to "work to establish Emissions Control Areas for U.S. ports if significant emissions reductions are to be realized from oceangoing vessels."

According to the report, the EPA’s strategy to address air emissions at U.S. ports is not sufficiently developed.

"Although the Agency is working to reduce these emissions through various regulatory and voluntary programs, it has not successfully implemented key elements of this approach. Despite the emphasis that EPA has placed on voluntary partnership programs, such as regional diesel collaboratives, such initiatives have not been implemented at many U.S. ports."

In 2008, the EPA built upon its efforts by publishing a Strategy for Sustainable Ports. This strategy is an Agency-wide, multimedia effort which includes goals and objectives for addressing key environmental issues at U.S. ports.

However, according to the report, the strategy "sets goals, but lacks a transformation plan to assure that the goals are realized."

"EPA did not include the appropriate performance measures, milestones, and other management controls for many of the action items in the strategy. As a result, EPA lacks the management framework and controls necessary to assure the successful implementation of its strategy."

In its recommendations, the Office of Inspector General says the EPA should (1) assess its authorities and responsibilities under the CAA to regulate air emissions from foreign-flagged vessels in U.S. ports, and report any shortfalls to Congress; (2) assess the extent to which Emissions Control Areas should be designated for U.S. coastal areas; and (3) revise its ports strategy to include a transformation plan.

Regarding the EPA's feedback on its recommendations so far, the Inspector General said "EPA’s comments on the first recommendation were not responsive and do not satisfy the intent of the recommendation. The Agency concurred with the second recommendation, but did not agree with the third recommendation. We consider Recommendations 1 and 3 open and unresolved."