The California Air Resources Board (CARB) has enacted the 2020 At-Berth Regulation to address the environmental impact of oceangoing vessels while docked at port. Starting January 1, 2025, this regulation will require tanker and Ro-Ro (Roll-on/Roll-off) vessels to adopt a CARB-Approved Emission Control Strategy (CAECS) while at berth in California ports.
Regulatory Overview
2007 At-Berth Regulation:The original At-Berth Regulation, implemented in 2007, applied to container ships, passenger ships, and refrigerated cargo vessels at select California ports, with compliance beginning in 2014.
2020 At-Berth Regulation:The 2020 version broadens the scope, requiring all oceangoing vessel operators and terminal operators to report each visit to California marine terminals. However, only container ships, refrigerated cargo vessels, and cruise ships are subject to emissions control requirements.
Emission Control Requirements Timeline
Starting January 1, 2025, emissions control requirements will apply to the following vessel types:
Tanker vessels visiting terminals at the Port of Los Angeles and Port of Long Beach
Ro-Ro vessels calling at any California terminal
Bulk and general cargo vessels do not have emissions control requirements, but they are required to comply with visit reporting requirements, which began on January 1, 2023.
The phased implementation of emissions control requirements is as follows:
Compliance Start | Vessel Type |
January 1, 2023 | Container and refrigerated cargo vessels |
January 1, 2023 | Cruise (passenger) vessels |
January 1, 2025 | Ro-Ro vessels (including vehicle carriers) |
January 1, 2025 | Tanker vessels visiting the Port of Los Angeles or Port of Long Beach |
January 1, 2027 | Tanker vessels visiting any California terminal |
Compliance Options
The regulation targets three primary pollutants: nitrogen oxides (NOx), particulate matter (PM 2.5), and reactive organic gases (ROG). The primary regulated parties include vessel operators, terminal operators, California ports, and CAECS operators.
To comply, regulated parties have several options, allowing them to choose the most suitable solution for their operations:
Connection to Onshore Power (OPS): Vessels can connect to shore-based power while at berth, eliminating emissions from their engines.
Use of CARB-approved Exhaust Capture and Control System (CAECS): Two companies (STAX Engineering and Clean Air Engineering Maritime) are developing barge-based exhaust capture systems for tankers, which are expected to be available by January 1, 2025.
Payment to a Remediation Fund: Vessels may contribute to a fund as an alternative to using CAECS, though this option cannot be triggered solely by the unavailability of CAECS.
Use of Alternative Fuels (e.g., LNG): Vessels may use alternative fuels if they can provide testing data that demonstrates their emission rates meet the 2020 regulation's performance standards.
Innovative Concept Solutions: Vessels can propose creative solutions that achieve equivalent emissions reductions from other sources around the port.
Enforcement and Penalties
CARB enforces compliance through its detailed Enforcement Penalty Policy and will investigate any potential violations. If a violation is found, a Notice of Violation may be issued, followed by financial penalties. These penalties may apply to all regulated parties, including vessel operators.
Recommendations for Compliance
Vessel operators of tankers visiting the Port of Los Angeles and Port of Long Beach, as well as Ro-Ro vessels calling at any California terminal, must prepare for compliance by January 2025. There are currently no indications that the enforcement of the 2020 regulation will be delayed. Companies should take the necessary steps now to ensure they meet the upcoming deadlines.
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