USA Maritime compliance: At-berth emission regulations in California (update Oct 2024)

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(www.MaritimeCyprus.com) Since 2014, the California Resource Board (CARB) has regulated emissions from container, refrigerated cargo (reefer), and passenger vessels that visit certain state ports. Following the positive results of this regulation, and in an effort to further reduce the public's exposure to air pollution caused by commercial vessels that visit California ports and terminals, its new '2020 At Berth Regulation' took effect on 1 January 2021.

The new regulation continues to cover emissions from container, reefer and passenger vessels, but also expands the requirements to more pollutants and vessel types. Furthermore, it determines the need for emission control regulation in each port based on the port’s annual vessel activity. The emission control requirements are phased in based on vessel type, and as of 1 January 2025, roll-on/roll off (ro/ro) vessels, and tanker vessels visiting the Ports of Los Angeles or Long Beach, will be regulated.

Phased schedule compliance start date:

Compliance date:Vessel Type:
January 1st, 2023Container, reefer and passenger vessels.
January 1st, 2025Ro-Ro vessels.
January 1st, 2025Tankers visiting the ports of
Los Angeles and Long Beach.
January 1st, 2025Tanker vessels (for visits to all regulated terminals)

Key points for vessel operators

  • All vessels visiting a California port are subject to requirements of the 2020 At Berth Regulation.

  • Only container, reefer, passenger, ro/ro and tanker vessels are subject to emission control requirements. However, vessel types such as bulk and general cargo vessels must comply with other relevant obligations under the regulation, including opacity, or blackness of smoke, and visit reporting requirements.

  • Low activity terminals are exempted from the emission control requirements. However, if a low activity terminal receives 20 or more visits per year from a regulated vessel type, for two consecutive calendar years, that terminal no longer qualifies for the low activity exemption for that vessel type and visiting vessels will be required to reduce emissions starting 1 January the following year.

  • Vessels subject to emission control requirements must use a ‘CARB approved emission control strategy’ (CAECS) to control emissions for the duration of a visit. At the time of writing, compliance will most likely be achieved by the use of shore power and/or emissions capture and control systems. However, if a vessel wishes to use a strategy for compliance that is currently not approved for use, such as batteries or alternative fuels, they must apply for CARB approval of that strategy as a CAESC.

  • Vessel operators must communicate with terminal operators in writing at least seven days before arrival to coordinate shore power and other CAECS needs. While ABS' guide to terminal-supplied CAECS (download furter below) is a useful resource for planning ahead, a check with the local agent as to availability of CAECS at a specific port for the estimated visiting time can be recommended.

A template reporting form provided by CARB can be found here.

Non-compliance with the At Berth 2020 Regulation will result in fines of up to USD37,500 for each nonconformance action item for every day the vessel remains non-compliant.

As the procedures and equipment needed for ro/ro and tanker vessels to comply with CARB’s emission control requirements could be quite extensive and costly, we advise ship operators trading to California ports to familiarise themselves with the 2020 At Berth Regulation and the control strategies currently approved by CARB. The preparatory work to ensure timely compliance should not be postponed, and the following sources of information are recommended:

Download the updated  Frequently Asked Questions (FAQ) document below:

Download the ABS' Guide of Terminal Supplied CARB Approved Emission Control Strategies (CAECS) below:

downloaddownload

 

 

Source: California Air Resources Board

 

 

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