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U.S. lawmakers suggest additional carbon fee from 2024

A fee of 150 USD per tonne CO2e emitted from ships discharging international cargo at U.S. ports is suggested to be implemented from January 2024. The new carbon fee would be added to the EU ETS carbon cost.
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A fee of 150 USD per tonne CO2e emitted from ships discharging international cargo at U.S. ports is suggested to be implemented from January 2024. The new carbon fee would be added to the EU ETS carbon cost.

Early this month U.S. lawmakers proposed new legislation aiming to decarbonise the shipping industry. The International Maritime Pollution Accountability Act (IMPA) describes a new national maritime carbon fee to be introduced at the same time as the EU carbon price comes into force from January 2024.

IMPA from a chartering perspective

If introduced, the act would highly impact global shipping and trade. Therefore, we provide you with the key takeaways from a chartering perspective:

  • The pollution fee
    150 USD per tonne CO2 equivalent

    Additional fee on air pollutants:  
    6.30 USD per lb nitrogen oxides
    18 USD per lb. sulphur dioxide
    38.90 USD per lb.fine particulate matter
  • Eligible emissions
    CO2e from vessels of 10 000 gross tonnage or more on discharging international cargo at U.S. ports
  • Introduction date
    January 2024
  • Responsible party
    The operator (not further defined) is to submit the required information and also the one to hand in the fee
  • Process
    Reporting within 30 days after end of each quarter
    First reporting 30 April 2024 for voyages completed during Q1 2024
    Fee issued 30 days thereafter. Payment due 30 days thereafter
  • Penalties
    Operators failing to hand in the fee will be prohibited from operating within U.S. waters and from docking at ports of call in the U.S.

The act does recognise foreign pollution fees. If a vessel is subject to a pollution-based fee by the country of the port of origin of the vessel, the U.S. CO2e fee shall be a) reduced by 50 percent if the fee from the other country is equal to or more than 50 percent of the U.S. fee and b) reduced by an amount equal to the amount of the fee from the other country if that fee is less than 50 percent of the US fee.

In addition, a particular sunset provision states that if the IMO enforces a global fee on lifecycle CO2e emissions that is equal to or greater than the U.S. fee, the U.S. CO2e fee would cease to apply.

The bill states that life cycle CO2e factors will be published for each fuel type before 1 Jan 2024. Life cycle emissions include well to wake (WTW) emissions, i.e. emissions from the production and distribution as well as the combustion of the fuel. The life cycle CO2e factors would therefore be higher than the factors applied by IMO and in the EU ETS which only includes tank to wake (TTW) CO2 emissions.

The bill was introduced and cosponsored by democrat senators and has to be voted on by both houses of Congress and signed by the president to become law. We asked Antonio Santos, Federal Climate Policy Director at Pacific Environment who has got over 20 years of federal and state regulatory experience, about the likelihood of this bill being passed before 2024, and he said: “I’m hopeful, but it will be a challenge to move the bill this year. However, the bill will continue to raise awareness in Congress of the importance of maritime decarbonization and the need for a funding mechanism to help transition the shipping industry away from the use of fossil fuels.”

So, to better understand the suggestion that will be part of the U.S. political debate going forward, we compare the impact of the suggested carbon cost mechanism to the EU ETS carbon cost mechanism that the industryby now is more familiar with.

Suggested U.S. carbon cost versus agreed EU carbon cost

A U.S. pollution fee like the one that is suggested would impact the industry differently than the carbon cost of the EU Emissions Trading System. We’ve listed some of the main differences in the table below.

Commercial and compliance considarations
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LFO
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Light Fuel Oil (ISO 8217 Grades RMA, RMB and RMD. Including VLSFO with visc < 80)
HFO
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Heavy Fuel Oil (ISO 8217 Grades RME, RMG, and RMK. Including VLSFO with viscosity > 80)

U.S. lawmakers suggest additional carbon fee from 2024

A fee of 150 USD per tonne CO2e emitted from ships discharging international cargo at U.S. ports is suggested to be implemented from January 2024. The new carbon fee would be added to the EU ETS carbon cost.

Early this month U.S. lawmakers proposed new legislation aiming to decarbonise the shipping industry. The International Maritime Pollution Accountability Act (IMPA) describes a new national maritime carbon fee to be introduced at the same time as the EU carbon price comes into force from January 2024.

IMPA from a chartering perspective

If introduced, the act would highly impact global shipping and trade. Therefore, we provide you with the key takeaways from a chartering perspective:

  • The pollution fee
    150 USD per tonne CO2 equivalent

    Additional fee on air pollutants:  
    6.30 USD per lb nitrogen oxides
    18 USD per lb. sulphur dioxide
    38.90 USD per lb.fine particulate matter
  • Eligible emissions
    CO2e from vessels of 10 000 gross tonnage or more on discharging international cargo at U.S. ports
  • Introduction date
    January 2024
  • Responsible party
    The operator (not further defined) is to submit the required information and also the one to hand in the fee
  • Process
    Reporting within 30 days after end of each quarter
    First reporting 30 April 2024 for voyages completed during Q1 2024
    Fee issued 30 days thereafter. Payment due 30 days thereafter
  • Penalties
    Operators failing to hand in the fee will be prohibited from operating within U.S. waters and from docking at ports of call in the U.S.

The act does recognise foreign pollution fees. If a vessel is subject to a pollution-based fee by the country of the port of origin of the vessel, the U.S. CO2e fee shall be a) reduced by 50 percent if the fee from the other country is equal to or more than 50 percent of the U.S. fee and b) reduced by an amount equal to the amount of the fee from the other country if that fee is less than 50 percent of the US fee.

In addition, a particular sunset provision states that if the IMO enforces a global fee on lifecycle CO2e emissions that is equal to or greater than the U.S. fee, the U.S. CO2e fee would cease to apply.

The bill states that life cycle CO2e factors will be published for each fuel type before 1 Jan 2024. Life cycle emissions include well to wake (WTW) emissions, i.e. emissions from the production and distribution as well as the combustion of the fuel. The life cycle CO2e factors would therefore be higher than the factors applied by IMO and in the EU ETS which only includes tank to wake (TTW) CO2 emissions.

The bill was introduced and cosponsored by democrat senators and has to be voted on by both houses of Congress and signed by the president to become law. We asked Antonio Santos, Federal Climate Policy Director at Pacific Environment who has got over 20 years of federal and state regulatory experience, about the likelihood of this bill being passed before 2024, and he said: “I’m hopeful, but it will be a challenge to move the bill this year. However, the bill will continue to raise awareness in Congress of the importance of maritime decarbonization and the need for a funding mechanism to help transition the shipping industry away from the use of fossil fuels.”

So, to better understand the suggestion that will be part of the U.S. political debate going forward, we compare the impact of the suggested carbon cost mechanism to the EU ETS carbon cost mechanism that the industryby now is more familiar with.

Suggested U.S. carbon cost versus agreed EU carbon cost

A U.S. pollution fee like the one that is suggested would impact the industry differently than the carbon cost of the EU Emissions Trading System. We’ve listed some of the main differences in the table below.