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What if the ultra-low sulfur diesel requirements result in vastly improved fish stocks from a reduction in pollution?
Or do unintended consequences not work both ways?
It's possible. Unintended positives can happen. It doesn't make the notion that a being a good idea doesn't mean the government should do it suddenly void. Nor do I think one industry seeing a boost can counter an 8% jump in costs for already expensive day-to-day goods.
But the accusation here is that the EPA is creating environmental law without an environmental study. So they actually have no intended consequence. Now, the official EPA story is it is enforcing a maritime treaty amendment from 2010. That doesn't work because the amendment has not been ratified, and by US law that is required before enforcing international treaties. So, even the EPA's reasoning is illegal.
But, unintended improved fisheries. That would mean it affects water pollution. Hard to tell without an environmental study what it is affecting.
Fortunately, the EPA is leaning in the maritime treaty. Wait. That is why they don't need the environmental study, right? If that were legal, yes. That claim blocks the EPA from changing their story mid-trial.
Anyway, what does the treaty say it will do?
http://www.ukpandi.com/knowledge-developments/industry-developments/marpol-annex-vi-air-pollution/
MARPOL Annex VI sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances. It also contains provisions allowing for special SOx Emission Control Areas (SECAS) to be established with more stringent controls on sulphur emissions.
That sounds like the limit is on air emissions. So, you could possibly comply without ever touching the water.
Now, ships do cause water pollution through ballast water, noise pollution, sewage, and bilge water.
Ballast water doesn't come into contact with fuel unless there is a leak. Then the problem is far more immediate than pollution.
Noise pollution won't be affected by low sulfur diesel.
Sewage, is clearly an issue, but is not carrying fuel of any form, unless we count methane.
Bilge water. There it is. Bilge water can contain oils and fuel run off. But bilge water can contain so many other toxic chemicals a change in fuels barely does anything. But I wont accept the small change equals nothing argument. Small things are how we get unintended consequences (DDT being an exception as we knew we were allowing deadly diseases to flourish by removing it) But, rules for bilge water have already been in place since 1990. It is illegal to dump it unless you filter it first. There are onshore removal services for it, which treat it as hazardous material.
So, a change in fuel type should only affect water pollution in the event of other laws being broken. So, why would we expect guys breaking previous laws to follow a new one?
Anyway, yes it is possible. But an actual examination of the facts says it is very highly unlikely. My flavor of common sense says the law is dangerous up front, and unconstitutional due to how it is implemented and by whom it is being enforced.