Compliance with California’s At-Berth Regulation: Key Insights for Vessel Operators and Terminals

As the maritime industry continues its shift toward sustainability, California remains at the forefront with the expansion of its emissions regulations. Starting January 1, 2025, tanker vessels visiting the Port of Los Angeles and Port of Long Beach and roll-on/roll-off (Ro-Ro) vessels visiting any California terminal will face new compliance requirements under the California Air Resources Board (CARB) 2020 At-Berth Regulation. These measures, designed to reduce emissions during vessel berthing, mark a significant regulatory milestone.

Regulatory Background and Phased Implementation

The journey of emissions control at California ports began with CARB’s 2007 At-Berth Regulation, which initially targeted container ships, refrigerated cargo ships, and cruise vessels. By 2020, the regulation expanded to require all vessel and terminal operators to report each port visit, though emissions control requirements applied only to specific vessel types.

With the new phase taking effect in 2025, CARB will extend its emissions control mandate to include:

• Ro-Ro vessels visiting any California terminal.
• Tanker vessels at terminals in the Port of Los Angeles and Port of Long Beach (later expanding to all California terminals by January 1, 2027).

Effective Dates and Compliance Phases

• January 1, 2021: The 2020 Regulation came into effect, introducing planning and approval requirements, such as CARB Approval of Emissions Control Strategies (CAECS), terminal plans, and port plans.
• January 1, 2023: Emission control requirements for container, refrigerated cargo (reefer), and cruise vessels began. Reporting requirements for all vessel types also became mandatory (extended to May 1, 2023, via Ocean-Going Vessel At Berth Regulation enforcement notice dated March 30, 2023).
• Future Phases:
  • January 1, 2025: Emission control requirements apply to Roll-on-roll-off vessels (for visits to all regulated terminals) and tanker vessels (for visits to regulated terminals at Port of Los Angeles or Port of Long Beach)
  • January 1, 2027: Tanker vessels (for visits to all regulated terminals)

Vessel Operator Requirements

As per Cal. Code Regs. Tit. 17, § 93130.7, vessel operators that visit a berth or terminal in California shall meet the following requirements:

• Shore Power Requirements at Berth: Ships equipped with shore power must connect to it during every visit to a terminal where their shore power setup has been approved or confirmed as compatible based on prior use at similar terminals.
• Auxiliary Engine Rules: Ship operators need to lower emissions from auxiliary engines by following performance standards through a CARB-approved emissions control system (CAECS). These rules apply by the following dates unless an approved exception applies:
  • January 1, 2023: Container ships, refrigerated cargo ships, and passenger ships
  • January 1, 2025: Roll-on roll-off ships and tanker ships visiting Los Angeles or Long Beach ports
  • January 1, 2027: All other tankers
• Tanker Boiler Requirements: Tankers using steam-powered pumps must meet boiler emissions standards through CAECS by these deadlines:
  • January 1, 2025: Tankers with steam-driven pumps at Los Angeles or Long Beach ports
  • January 1, 2027: All other tankers with steam-driven pumps
• Onboard Emissions Control Equipment: Ships using their own emissions control equipment need to confirm with the terminal operator in writing before arriving at a California port that the system is functional and will be used.
• Compliance Checklists: Ship operators must complete a compliance checklist to ensure they meet all requirements.
• Submitting Information: Operators need to send required information to CARB as outlined in the regulations.
• Keeping Records: Operators must keep compliance records for at least five years and provide them to CARB within 10 days if requested.

Who Must Comply?

The regulation affects a wide range of entities:

• Vessel Operators: All ocean-going vessels must meet opacity and reporting requirements. Emission control requirements apply specifically to container, reefer, cruise, ro-ro, and tanker vessels.
• Terminal Operators: Marine terminals with 20+ annual visits from regulated vessels must adhere to emissions control and planning requirements.
• Ports: Ports hosting regulated terminals must comply.
• CAECS Operators: Those operating CARB-approved emissions control systems are subject to specific requirements.

Exemptions and Exceptions

Certain vessels and scenarios qualify for exemptions:

1. Vessel Types:
   • Exempt: Per Section 93130.4 of the Cal. Code Regs. Tit. 17, government and military vessels, as defined under Section 93130.2(b)(36), are exempt from reporting and all other requirements of the 2020 Regulation, though these vessels are encouraged to act in a manner consistent, as far as is reasonable and practicable, with the 2020 Regulation.
   • Not Subject to Emissions Control: Bulk and general cargo vessels (still subject to reporting and opacity standards).
2. Special Circumstances:
   • Non-stop voyages, safety/emergency events, vessel commissioning, research visits, and low activity terminals (with fewer than 20 vessel visits per year in 2021 and 2022).
   • Exceptions must be documented in the vessel visit reports submitted to CARB.

Planning and Reporting Requirements

• Terminal and Port Plans: Port and terminal operators were required to submit port and terminal plans to CARB by December 1, 2021 respectively.

Ro-ro and tanker terminals are required to submit updated terminal plans as set forth in section 93130.14(a)(2)(F), which must reflect any changes to the terminal since the initial plan:

• Ro-ro terminals: February 1, 2024.
• LA/LB tanker terminals: February 1, 2024.
• All other tanker terminals: February 1, 2026.

“Low activity” terminals that exceed the 20-visit threshold are required to submit a terminal plan by July 1 the following year, even if they do not anticipate remaining at or above the 20-visit threshold for a second consecutive year (section 93130.14(a)(2)(E)).

• Visit Reporting: All regulated vessel visits must be reported, regardless of emission control requirements. Compliance ensures accountability and enables CARB to track regulatory adherence.

Challenges and Compliance Pathways

Implementing the required emission control strategies may involve delays due to technical or logistical challenges. Terminals must adhere to compliance timelines or opt for alternative compliance measures consistent with the regulation’s framework. Exceptions like using the Remediation Fund or applying for the Innovative Compliance Option offer pathways for regulated entities facing challenges.

By adhering to the 2020 At-Berth Regulation, maritime operators contribute to California’s efforts to curb air pollution and promote sustainable port operations. For detailed guidance, consult CARB’s official resources and ensure proactive compliance with all reporting and emissions control requirements.

Enforcement and Penalties

Non-compliance with the 2020 At-Berth Regulation can result in financial penalties under CARB’s Enforcement Penalty Policy. Violations, including failing to implement approved control strategies or submit accurate reports, will trigger investigations and potential penalties for all regulated parties, including vessel and terminal operators.

Preparing for Compliance

Shipowners and operators should take proactive steps to ensure readiness:

• Assess Vessel Readiness: Confirm that vessels are equipped to connect to OPS or use approved capture systems.
• Collaborate with Terminals: Coordinate with terminal operators to align compliance strategies.
• Stay Updated: Monitor updates from CARB and other regulatory bodies to remain informed about approved technologies and reporting requirements.

How Marinetegrity Can Help

At Marinetegrity Maritime Consultants, we understand the complexities of navigating stringent maritime regulations. Our team of experienced ISM, ISPS, and MLC auditors, coupled with our in-depth knowledge of U.S. and international compliance frameworks, makes us the ideal partner for your regulatory needs.

Our services include:

• Expert guidance on emissions compliance strategies tailored to your fleet.
• Support in CARB reporting requirements and documentation.
• Assistance with inspections, audits, and regulatory liaison services.

With our presence on the U.S. West Coast, including California ports, we are strategically positioned to provide timely and effective support. Contact Marinetegrity today to ensure your vessels are compliant and prepared for the future of sustainable maritime operations.