Regulatory background

2007 At-Berth Regulation
The original 2007 At-Berth Regulation applied to container ships, passenger ships and refrigerated-cargo ships at certain California ports. Compliance with the 2007 regulation started in 2014.

2020 At-Berth Regulation

The 2020 At-Berth Regulation requires all oceangoing vessel operators and terminal operators to report each visit made to any California marine terminal. However, only container, refrigerated cargo and cruise vessels have emissions control requirements.

Starting from 1 January 2025, compliance with emissions control requirements shall apply to the following:
• Tanker vessels visiting terminals in the Port of Los Angeles and Port of Long Beach
• Ro-Ro vessels visiting any California terminal
Bulk and general cargo vessels do not have emissions control requirements, but they do have visit reporting requirements that began 1 January 2023. The 2020 regulation took effect on 1 January 2021; however, emissions control requirements in the 2020 regulation will phase in according to Table 1 below.

Compliance
Regulated emissions are nitrogen oxide (NOx), particulate matter 2.5 (PM 2.5) and reactive organic gases (ROG). The primary regulated parties are the vessel operators, terminal operators, California ports and CAECS operators.

Vessels and other regulated parties have the following options for compliance:
• Connection to onshore power (OPS) while at berth (see
• Appendix in the pdf)
• Use of a CARB-approved exhaust capture and control
• system. There are currently two companies (STAX Engineering
• and Clean Air Engineering Maritime) with plans to
• have an approved barge-based exhaust capture solution
• for tankers available by 1 January 2025 (see Appendix in the pdf).
• Payment into a Remediation Fund. The payment into the fund cannot be triggered solely from lack of available alternative CAECS (a vessel needs to show eligibility and get approval).
• Alternative fuels (e.g. LNG), with the need to provide testing data that emission rates meet the 2020 At-Berth Regulation performance standard.
• An innovative concept solution that achieves equivalent emissions reduction from other sources around the port.

Enforcement

CARB has an Enforcement Penalty Policy** and will investigate any potential violation. If a company is deemed to be in non-compliance, a Notice of Violation may be issued. A financial penalty could be the result after each violation. The penalty for non-compliance can be imposed on all regulated parties, including the vessel operators.
Recommendations

Tankers calling at Port of Long Beach and Port of Los Angeles terminals in 2025 and Ro-Ro vessels at any California terminal will need to prepare for compliance. There are currently no indications that enforcement of the regulation will be delayed.

Source: DNV