Frequently Asked Questions

Regulations would target large commercial vessels (e.g. container ships, large cruise ships, tankers).

 No. Military vessels already burn low-sulfur fuels (Naval Distillate, 0.1%S). 

No. Recreational boaters already burn very low-sulfur fuel (Marine Gasoline, 0.003%S).

Exposure to fine particulate matter (less than 2.5 μm in diameter) during pregnancy has significant and far-reaching impacts on the unborn, ranging from immediate birth complications to long-term developmental challenges. Because these tiny particles can cross the placental barrier and enter fetal circulation, they directly affect the developing fetus. One study showed that exposure to high levels of fine particulate in third trimester of pregnancy was associated with 42% increased stillbirth risk.

Yes, other U.S. jurisdictions have already implemented similar measures, providing a clear blueprint for the Commonwealth. California bans the use of scrubbers within 24 nautical miles of its coast. Connecticut prohibits the discharge of all scrubber wastewater in its waters. Washington State has prohibitions of scrubber discharge at the Port of Seattle and in the Salish Sea. Broader low-sulfur fuel legislation has been drafted for submission to the legislature in Washington State as well. These actions are part of a global trend. According to a 2023 report, 93 measures across 45 countries have been implemented to regulate or ban the use of ship scrubbers, recognizing that transferring pollution from the air to the water is not a sustainable solution. The scientific data underpinning these policy decisions is robust and credible, originating from peer-reviewed studies and authoritative reports published by government bodies like the German Environment Agency and respected non-governmental organizations such as the International Council on Clean Transportation (ICCT).

Heavy Fuel Oil (HFO) is a thick, tar-like residual fuel that is a byproduct of the refining process, while Marine Gas Oil (MGO) is a highly refined distillate fuel similar to diesel. HFO has a high sulfur content and high viscosity, requiring it to be pre-heated to flow and burn, whereas MGO is a low sulfur content (typically ≤ 0.1%) and remains liquid at room temperature. While HFO is cheaper for the shipping industry, the byproducts of burning HFO are linked to serious health and environmental impacts. 

 Yes, modern ships burn either fuel.  Some even have specialized Fuel Changeover Systems that use sensors and logic controllers to manage the temperature and viscosity automatically "at the push of a button," allowing the ship to maintain higher speeds during the transition. 

According to the latest data from Virginia Tech and the Virginia Institute of Marine Science (VIMS), the Virginia seafood industry contributes $1.2 billion annually to the Commonwealth's economy and sustains 7,200 jobs. This economy generates $164.4 million in taxes for federal, state, and local governments. The economic benefits also extend downstream; Virginia seafood products sold in retail stores and restaurants contributed an additional $458 million in total output and supported another 3,689 jobs across the Commonwealth in the same year.

 A ship scrubber, or Exhaust Gas Cleaning System (EGCS), is technology installed on large vessels to "wash" sulfur oxides (SOx) from engine exhaust. These systems allow ships to burn cheaper, high-sulfur heavy fuel oil instead of switching to more costly low-sulfur fuels to meet emission standards. Most scrubbers operate in an open-loop configuration, where they spray seawater into the exhaust stream and then discharge the resulting toxic, acidic wastewater - containing heavy metals and cancer causing polycyclic aromatic hydrocarbons (PAHs) - directly back into the river, bay, or ocean. 

The scrubber loophole refers to a regulatory gap in the International Maritime Organization’s (IMO) 2020 sulfur cap. While the regulation was intended to force ships to switch to cleaner, low-sulfur fuels, it included an "equivalent compliance" clause that allowed vessels to keep burning the cheapest, dirtiest heavy fuel oil (HFO) if they installed an Exhaust Gas Cleaning System (scrubber). This converts the vessels air pollution to water pollution. 

Despite North America being designated as an Emission Control Area, the U.S. has yet to close the "scrubber loophole" or implement stringent regulations on harmful ship emission byproducts. While the health and environmental impacts of maritime pollution are well-documented, federal policy continues to lag behind scientific consensus.

Major health organizations, including the World Health Organization (WHO), the American Lung Association, and the EPA’s own Clean Air Science Advisory Committee (CASAC), have advocated for significantly stricter limits on fine particulate matter (PM2.5). For instance, the American Thoracic Society (ATS) recommends a legally binding annual PM2.5 standard of 8 μg/m³, yet current federal regulations remain less protective. Furthermore, toxic byproducts such as heavy metals (nickel, lead, copper, mercury, vanadium, and zinc) and carcinogenic Polycyclic Aromatic Hydrocarbons (PAHs) lack strict, numeric federal concentration limits. Current oversight fails to account for the bioaccumulation of these toxins in marine life or the disproportionate "hot-spot" pollution levels experienced by environmental justice communities located near major ports.

A ship flag of convenience (FOC) is a business practice where a shipowner registers a merchant vessel in a country other than their own. Under international law, every ship must be registered in a flag state, which then has the legal authority and responsibility to enforce maritime regulations on that vessel. Ship owners may select a flag state to minimize costs. Panama, for example, offers the ability to employ cheaper foreign labor, and an exemption on income taxes. Some FOC countries have less stringent safety, environmental, and inspection standards, which can reduce maintenance costs but often leads to poorer working conditions for seafarers. Open registries can provide a veil of anonymity for the actual "beneficial owner," making it difficult to hold them accountable for legal or environmental violations. 

Fine Particulate Matter (PM): These microscopic particles are a primary health threat. PM can penetrate deep into the lungs and even enter the bloodstream. Particles can cross the blood brain barrier and the placental barrier in expecting mothers. Exposure to these particles is linked with cardiovascular disease, Alzheimer's disease, cancer, and birth defects, as they can potentially cross the placenta and affect a developing fetus. The EPA estimates that fine particulate is responsible for over 90% of air pollution-related health damages in the U.S.

Sulfur Oxides (SOx): Emissions of SOx are directly linked to respiratory diseases. While international regulations targeting sulfur have helped reduce these emissions, the continued use of heavy fuel oil means they remain a significant pollutant.

Nitrogen Oxides (NOx): These emissions are a key contributor to the formation of smog and acid rain. Exposure to NOx is also linked to respiratory diseases, including asthma.

Long-term exposure to this combination of air pollutants creates a substantial public health burden for port communities. According to a major study by the International Council on Clean Transportation (ICCT), shipping pollution is attributed to approximately 1,200 premature deaths annually in the United States. This transfers the significant economic burden of these debilitating health impacts from the polluters directly onto the Commonwealth's taxpayers.

The ‘polluter pays’ principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. For instance, a factory that produces a potentially poisonous substance as a by-product of its activities is usually held responsible for its safe disposal. The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide that was developed during the 1992 United Nations Conference on Environment and Development. The principle underpins most of the regulation of pollution affecting land, water and air.

Externalized costs are the social, environmental, and health burdens borne by the public rather than the companies. Examples include respiratory illnesses, premature deaths, loss of marine ecosystems, loss of seafood economy and associated jobs, climate impacts.

The shipping industry is powered by fossil fuels: predominately heavy fuel oil (HFO), but marine diesel oil (MDO), marine gas oil (MGO), and liquid natural gas (LNG) are also used. All fossil fuels continually release CO2 when burned, which is the primary contributor to climate change, causing increased storm frequency, ecosystem decline, and ocean acidification. Acidification from climate change has led to loss of coral reefs and marine life (e.g. oysters, crabs). LNG is mostly methane, a powerful greenhouse, approximately 30 times more potent than CO2. “Methane slip” from a ship’s engine is a direct release of the damaging gas. Black carbon (fine soot), exasperated by burning HFO, warms the atmosphere because it is very effective at absorbing sunlight. The cruise industry’s impacts are particularly egregious, as cruise ships have the highest CO2 footprint of all forms of passenger transportation.  In 2025, the estimated economic cost of climate change in the United States reached $115 billion in direct damages from major disasters alone.

Bioaccumulation is the process by which a contaminant (e.g. heavy metals from ship wastewater) builds up in an individual organism’s tissues over time because the organism absorbs the substance faster than it can excrete or metabolize it. While bioaccumulation occurs within a single organism, it drives a larger phenomenon called biomagnification, the process by which the concentration of a persistent toxin increases at each successive level of a food web. Because humans sit at the top of the food web, we are highly susceptible to these magnified toxins.

Plankton, specifically copepods (millimeter-sized crustaceans) suffer from a high mortality rate. Copepods are also the primary food source for many fish larvae thus leading to decline in fish population. Contaminants can cause reproductive failure, reduced egg production, and impaired molting. Polycyclic Aromatic Hydrocarbons (PAHs) are highly carcinogenic and can cause cancer and reproductive disorders in marine mammals like whales and dolphins. The discharge contains vanadium, nickel, copper, and zinc. These metals bioaccumulate in the tissues of fish and marine mammals, potentially leading to long-term health issues and making seafood less safe for human consumption.