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Washington – An EPA report finds that air pollution at the nation’s ports can be reduced significantly at all port types and sizes through a variety of strategies and cleaner technologies. Implementing these approaches, the report finds, would reduce greenhouse gas and other harmful emissions from diesel-powered ships, trucks and other port equipment.

“The National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports” examines current and future emission trends from diesel engines in port areas, and explores the emissions reduction potential of strategies like replacing and repowering older, dirtier vehicles and engines and deploying zero emissions technologies.

“This report shows that there are many opportunities to reduce harmful pollution at ports that we know will work,” said Christopher Grundler, director of EPA’s Office of Transportation and Air Quality. “This is great news for the roughly 39 million Americans who live and breathe near these centers of commerce.”

U.S. ports are set to expand significantly as international trade continues to grow, and the size of ships coming to ports increases. This growth means more diesel engines at ports emitting carbon dioxide that contributes to climate change. These engines also emit fine particulate matter, nitrogen oxides, and other pollutants that contribute to serious health problems including heart and lung disease, respiratory illness, and premature mortality. Children, older Americans, outdoor workers and individuals with respiratory and heart conditions can be especially vulnerable. Many ports are located in areas with a high percentage of low-income and minority populations, who bear the burden of higher exposure to diesel emissions.

Accelerating retirement of older port vehicles and equipment and replacing them with the cleanest technology will reduce emissions and increase public health benefits. For example, the report found replacing older drayage trucks with newer, cleaner diesel trucks can reduce NOx emissions by up to 48 percent, and particulate matter emissions by up to 62 percent, in 2020 when compared to continuing business as usual.  In 2030, adding plug-in hybrid electric vehicles to these fleets could yield even more NOx and PM2.5 relative reductions from drayage trucks.

The new assessment supports EPA’s Ports Initiative’s goals to reduce air pollution and greenhouse gases, to achieve environmental sustainability for ports, and improve air quality for all Americans working in and living near our nation’s ports.  Through this initiative, EPA is engaging a wide range of stakeholders including ports and port operators, communities, tribes, state and local governments, industry, and other technical and policy stakeholders. EPA developed this national scale assessment based on a representative sample of seaports, and the results could also inform decisions at other seaports, Great Lakes and inland river ports, and other freight and passenger facilities with similar profiles.

EPA’s regulations are already reducing port-related diesel emissions from trucks, locomotives, cargo handling equipment and ships. For example, the North American and U.S. Caribbean Sea Emissions Control Areas require lower sulfur fuel to be used for large ocean-going vessels.  This requirement has reduced fuel-based particulate-matter emissions from these vessels by about 90 percent.  In addition, some port areas are already applying the emission reduction strategies assessed in the report. The emissions reduction strategies assessed in the report would make a significant difference in reaching the nation’s air quality goals, and would help reduce emissions of the greenhouse gases that contribute to climate change.

Olivia Covington for www.theindianalawyer.com

A set of foster parents do not have the right to adopt two children without their father’s consent despite the fact that the father does not have visitation with the children, the Indiana Court of Appeals found Friday.

In the case of In Re: The Adoption of J.S.S. and K.N.S., Rayburn and Beth Robinson v. M.R.S., 02A04-1603-AD-545, two children, J.S.S. and K.N.S., were considered children in need of services and were in the custody of the Department of Child Services. Their mother was incarcerated, and their father, M.S., was unaware of their location until an Allen County Department of Child Services caseworker informed him of their location in November 2012.

That month, the CHINS court found that M.S., who regularly paid child support, could have visitation with the children if their therapist thought visitation would be in their best interest. However, M.S. did not contact the therapist until April 2014. After that contact, the therapist recommended that visitation not be allowed, so the CHINS court ordered in June 2014 that DCS could petition for M.S.’ parental rights to be terminated.

Foster parents B.R. and R.R. subsequently filed a petition to adopt the children; their mother consented, but M.S. filed an objection. The Allen Superior Court found that the foster parents had failed to produce enough evidence to show that M.S.’ consent to the adoption was unnecessary and dismissed the adoption petition. The foster parents filed a motion to correct, which was denied.

B.R. and R.R. appealed, arguing that although M.S. was able to communicate with his children, he failed to do so. Although the CHINS court ultimately ordered that M.S. not be granted visitation with his children in 2014, proceedings before that time would have allowed visitation had the father contacted the children’s therapist in a timely manner, as he was instructed to do.

But in its affirmation of the denial of the adoption petition and the motion to correct error, the Indiana Court of Appeals wrote Friday that there was evidence that M.S. never gained the ability to contact the children. Even if he had contacted the children’s therapist promptly, the therapist was not required to authorize visitation, the court wrote. Even after M.S. contacted the therapist, visitation with the children was not recommended.

Further, the court pointed to the testimony of Dwila Lewis-Hess, a DCS caseworker who testified that a referral for M.S.’ visitation with his children was never made.

Based on that evidence, the Court of Appeals wrote that the foster parents failed to prove that M.S. did not contact his children when he had the ability to do so. Thus, the court wrote that the trial court was correct when it found that M.S.’ consent would be necessary to support the adoption petition.