CARB at Berth

Overview

The California Air Resources Board (CARB) is the state agency responsible for protecting public health and the environment through the regulation of air pollution emissions in California. According to CARB, shipping activity at ports is a major source of air pollution in coastal communities. The At Berth Regulation requires vessels to use shore-side electrical power instead of onboard generators once they arrive and dock at a California port. The following is a description of requirements to comply with the At Berth Regulation.

 

Compliance Start Date

Vessel Type

January 1, 2023

Container and Refrigerated Cargo Vessels

Cruise (Passenger) Vessels

January 1, 2025

Roll-on Roll-off Vessels

Tanker Vessels Visiting the Ports of Los Angeles or Long Beach

January 1, 2027

All Remaining Tanker Vessels

 

Emissions controls compliance start dates based on vessel type.

Once a vessel type has reached its compliance start date then the vessel must:

  • Coordinate with Regulated Terminals at least 7 days prior to arrival and complete all items in the compliance checklist as set forth in section 93130.7(e).
  • Reduce emissions while at a regulated terminal in accordance with the regulation’s performance standards by:

o   Connecting to Shore Power, or

o   Employing a CARB approved Emission Control Strategy (CAECS) or a CARB approved innovative concept.

These are to be employed within two hours of the vessel arriving at the berth and continue until no sooner than one hour before the pilot boards the vessel for departure from the berth.

Emissions controls do not apply to vessels visiting an unregulated terminal. An unregulated terminal is defined as a terminal that received less than 20 visits in both 2021 and 2022 from a specific vessel type; it is initially considered a low activity terminal and is unregulated for that vessel type. 

A low activity terminal that receives 20 or more visits per year for two consecutive years from a specific vessel type becomes a regulated terminal for that vessel type and must comply with the regulating beginning January 1 of the following year.

Once a terminal has been classified as a regulated terminal, it will have to comply with the emissions control requirements under the At Berth Regulation. Even if the amount of visits decreases below the threshold at any future point; the terminal is required to comply to ensure that the investments made for infrastructure and emissions control systems do not become stranded assets.

Requirements for all vessels including bulk carriers and general cargo vessels

Regardless of whether a vessel will dock at a regulated terminal or not, all vessels must comply with: 

  • The visit reporting requirements (see Tab 4 Visit Reporting requirements)
  • The opacity requirements (see Tab 2 Emission Performance Standards)

Emission Performance Standards

To receive CARB approval, an Emission Control Strategy must demonstrate that it achieves emission rates below the limits indicated in the table below:

Additionally, for strategies approved after 2020, GHG emissions from the strategy must be grid-neutral. This is determined by comparing the strategy to the grid emission rate for the year in which the strategy is granted an Executive Order. This means that the carbon dioxide equivalent (CO2eq.) of all GHG emitting sources from the strategy (excluding the vessel’s engine exhaust emissions) is less than or equal to the state output emission rate for the year the strategy is granted an Executive Order. The state output emission rate can be found at: https://www.epa.gov/egrid.

Emission Control Strategies utilizing Selective Catalyst Reduction (SCR) shall have ammonia slip no greater than five parts per million on a dry volume basis (ppmdv) and shall continuously test ammonia slip and NOx with a continuous emission monitor.

For information on CARB approved Emission Control Systems see (add link to) Tab 3 Terminal and Port Plans

If a vessel intends to run on LNG and can provide testing data that indicates its emissions meet or exceed the standards, then the vessel’s engines could be approved as a CAECS and LNG could then be used as a compliance pathway for vessels with the same engine class.

Opacity Requirements

These requirements are for all vessels.

No person shall discharge or cause the discharge from any ocean-going vessel at berth and at anchor, into the atmosphere, any visible emissions of any air pollutant, for a period of periods aggregating three minutes in any one hour from any operation on the vessel that is:

   1. As dark as the Ringelmann 2, as published by the United States Bureau of Mines (May 1967) or

   2. Of such opacity as to obscure an observer’s view to a degree equal to or greater than the Ringelmann 2

CARB will use the California time aggregate method and the United States Environmental Protection Agency Opacity Test Method 9 (40 CFR Pt. 60, App. A-4, December 23, 1971) to analyze the readings and determine compliance. Alternative test methods may be used upon written approval from the Executive Officer.

Requirements For Auxiliary Boilers Of Tankers 

Auxiliary boilers on ocean-going vessels designed primarily to provide steam for uses other than propulsion or pumping cargo do not fall under the scope of At-Berth Regulation. However, the Regulation defines “tanker auxiliary boiler” as a steam generator on a tanker vessel used to offload liquid product and vessel operators of tanker vessels with steam driven pumps are required to reduce auxiliary boiler emissions through a CAECS during each visit to a terminal unless:

  • The tanker is using shore power to reduce emissions from auxiliary engines.
  • The visit qualifies for an exception.

Alternatively, the ship may apply for approval as a CAECS for using any solution that can meet the emissions standards for “tanker auxiliary boiler” as below:

  • 0.4 g/kW-hr for NOx
  • 0.03 g/kW-hr for PM 2.5
  • 0.02 g/kW-hr for ROG 

Terminal and Port Plans

Terminals and ports are required to submit plans to CARB indicating their compliance scheme. The terminal and port plans may be found at https://ww2.arb.ca.gov/terminal-and-port-plan-submissions. These plans may include specific information regarding the standard of the shore power equipment/connections. The plans contain contact information for the terminal/port which may be used to obtain additional information.

Terminals should be contacted as early as possible in order to ascertain which CAECS will be employed along with any other technical data on the use of the CAECS.

Terminals may employ a CAECS other than Shore Power, such as a barge based capture and control system, which may be operated by a third party. These CAECS which have been approved through an executive order are vessel type specific (container vessels, ro-ro vessels, tanker vessels, etc.).  It is important to verify that the intended CAECS is appropriate for the vessel type and that any other approved operating conditions and the parameters for those conditions are suitable for the intended vessel.

Information on CARB approved Emission Control Systems may be found here.

Information on CARB approved Innovative Concepts may be found here

Visit Reporting Requirements

The following information as set forth in section 93130.7(e)(4) is to be reported to CARB within 30 calendar days of each vessel’s departure. This requirement is for all vessels making any visit to any terminal on or after 01 January 2023 and records shall be kept for a minimum of five years. Vessel reports should use the provided template and may be submitted electronically to shorepower@arb.ca.gov. When submitting electronically, it is preferred that the filled template be saved as an Excel file.

Visit reporting templates may be found at https://ww2.arb.ca.gov/berth-reporting-templates.

All dates and times are to be reported using California local time.

Vessel Visit Exceptions

Vessel visit exceptions allow vessel operators an exemption from the operational requirements of using a CAECS if any of the following occurs:

a.     A “safety and emergency event”: This is an event where a responsible official reasonably determines that compliance with a control measure would endanger the safety of the vessel, crew, cargo, passengers, terminal, or terminal staff because of severe weather conditions, a utility event, or other extraordinary reasons beyond the control of the terminal operator or vessel operator.

b.     A Vessel Incident Event (VIE): VIEs are exceptions provided to fleets which allow for a limited number of incidents where a vessel operator does not reduce emissions as required during a vessel visit.

The At Berth regulation defines fleet as a group of vessels of the same vessel type at a single port or marine terminal that have agreed to utilize their combined VIEs and are registered with CARB by a person who is designated as that fleet’s representative. A vessel fleet will receive 5 % of their annual visits as “VIEs” for the next calendar year.

Fleet operators that have not previously participated in California recordkeeping requirements, may request VIEs by December, 1 of the preceding year by providing an estimate of fleet visits. Similarly, if a fleet anticipates additional visits in an upcoming year, an estimated number of visits may be provided to CARB when requesting the fleets VIEs. However, if more VIEs are used than warranted by the number of actual visits, those visits will be violations of the regulation.

A fleet operator does not have to provide a list of vessels registered in their fleet; rather, each vessel should report the fleet that it belongs to for each visit. Additionally, if a VIE is used for a visit, the fleet operator must confirm to CARB that the VIE is approved for use for that visit.

c.      A Terminal Incident Event (TIE): TIEs are similar to VIEs but provided to terminals.

d.     Vessel commissioning: The first vessel commissioning visit made by a vessel to a terminal may be an exception as long as the vessel was able to successfully connect to shore power during that visit. Documentation of a successful vessel commissioning must be submitted with the vessel visit reporting requirements and may qualify for exception if approved by CARB where the vessel operator demonstrates:

    1.     The commissioning process could not be accomplished in a single visit.

    2.     The terminal requires that the vessel be recommissioned.

    3.     Upon successful completion of commissioning, the CAECS provider will issue documentation that the vessel completed commissioning for that berth at the terminal.

e.     Research: Vessel visits that participate in research may be an exception provided that the vessel operator:

    1.     Receives a CARB approved test plan for the research prior to the vessel’s arrival.

    2.     Participates in testing in accordance with the approved test plan.

    3.     Keeps a copy of the approved test plan on the vessel at all times.

    4.     Provides a copy of the approved test plan to CARB staff upon request.

    5.     Reports all information including the use of the research exception pursuant to section 93130.7(e)(4).

f.       Remediation: Requirements of the 2020 Regulation do not apply during the portion of a visit that qualifies and uses the remediation fund option. More information on the remediation fund is provided in (add link to) Tab 6 Remediation & Enforcement

g.     Innovative concept: The at berth emission reduction requirements of section 93130.7 and section 93130.9 do not apply during a visit where the vessel or terminal operator elects to comply using an approved innovative concept.  Innovative concepts are a CARB approved strategy to reduce air pollution emissions from sources at or near a regulated port or marine terminal that can be used to achieve emission reductions for compliance with the 2020 Regulation.

For information on CARB approved Innovative Concepts see (add link to) Tab 3 Terminal and Port Plans

The table below identifies several situations that rnay be eligible for each compliance pathway and who is likely to be identified as responsible party in the event of non-compliance.

Remediation & Enforcement

The remediation fund is an account established by a CARB approved fund administrator under the terms of a Memorandum of Understanding with CARB to provide incentive monies to activities that achieve emission reductions, in communities impacted by excess emissions from vessels at berth.

Vessel operators may request to use the remediation fund option in the following circumstances, if the request is supported by compelling documentation that demonstrates the eligibility of the request:

  • Vessel equipment repairs -- a vessel operator has invested in shore power or other on-board control equipment, but that equipment needs maintenance, needs commissioning, has failed and is being repaired, or new or replacement equipment has been ordered in a timely manner, but has not been received.
  • Delays with operation of existing control strategy – a vessel visits a berth, but the visit fails to achieve the full emission reductions required due to a delay or interruption in controlling emissions or a failure of the CAECS operator under contract to perform. 

Request must be sent to CARB within 30 calendar days after the affected vessel visit. Remediation fund hourly amount is showed in the table below:

CARB Directory

 

Please note that this directory is strictly provided as an aid and may not include all relevant facilities or details. No representations or warranties, whether express or implied, are provided.