The ports of Long Beach and Los Angeles on Feb. 18 will begin collecting a $35 per-TEU fee to support their clean-trucks program.

Revenue from the fee, which could total $1 million a day for both ports combined, will be used to subsidize motor carriers for up to 80 percent of the cost of purchasing a new truck that meets the ports’ strict pollution standards.

Collection of the fee has been delayed twice since November. The Federal Maritime Commission is seeking a preliminary injunction in the U.S. District Court in Washington against certain aspects of the ports’ clean-trucks programs that the commission believes are anti-competitive under the 1984 Shipping Act.

Although the case is pending, the FMC on two occasions was able to administratively block the fee collection by requesting additional information from the ports on the fee services agreement. Each request triggered a 45-day comment period.

The ports in late December answered the second set of questions posed by the commission, and that 45-day clock will expire in mid-February.

The ports on Oct. 1 banned all pre-1989 trucks from the harbor. Motor carriers now face a deadline of Jan. 1, 2010, when all pre-1994 trucks will be banned. Model year 1994 to 2003 trucks that have not been retrofitted will also be banned on Jan. 1.

Since this next deadline will affect thousands of trucks, the ports are anxious to begin collecting the clean-trucks fee and to provide subsidies for the purchase of new trucks.

“It is imperative that we begin collecting the fees so we can move forward and achieve our clean-air goals,” said Richard D. Steinke, executive director of the Port of Long Beach.

PortCheck, a nonprofit company established by marine terminal operators in Southern California to collect the fees, has already installed the computer system that will be used to process the fee collection.

Bruce Wargo, who heads up PortCheck, said some shippers have been testing the system and claiming cargo under PortCheck, so he is confident the system can go live by Feb. 18.

The question of the FMC’s ability to further delay fee collection is still open. Although it appears the commission can no longer seek additional information on the Port Fee Services Agreement filed by Los Angeles and Long Beach, it is possible that the FMC could launch a separate case against the PortCheck procedure.

Also, U.S. District Court Judge Richard J. Leon in Washington has indicated he will rule on the FMC’s request for a preliminary injunction in 2009. He could rule in February.

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