California - CARB Mandatory At-Berth Regulation

In September 2020, the Club reported on the new "At-Berth" regulation approved by the California Air Resources Board ("CARB") that year to replace the 2007 regulation. The new regulation was introduced to further reduce pollution from ocean-going vessels while docked at California's busiest ports and it is due to come into force on 1 January 2023.

Members are directed to ECM's Client Alert 1-2023 dated 6 January 2023 for a reminder of the actions Members will need to take for compliance and of the potential penalties for non-compliance. ECM's Client Alert which also has links to the Final Regulation, CARB's interim Evaluation Report and updated FAQs may be downloaded below.

UPDATE: CARB BULLETIN DATED 20 JANUARY 2023 - CERTAIN REPORTING TIMELINES EXTENDED TO 1 APRIL 2023

The Club recently reminded Members that CARB's 2020 "At-Berth" Regulation entered into force on 1 January 2023. Under the Regulation, all vessels visiting a California marine terminal are required to report compliance measures to CARB within 30 days after visiting the terminal.

However, in its At Berth Enforcement Notice of 20 January 2023, CARB advised that it had decided to extend the above reporting deadline to 1 April 2023. This means vessels do not now need to submit any visit report until 1 April 2023. CARB cited "the unique circumstances, including the extreme nature of the series of storms affecting the entire state during the first few weeks of the year" and "stakeholder enquiries" for its decision to extend the reporting deadline but nevertheless encourages those that can achieve the reporting timeframes set forth in the 2020 Regulation to continue doing so.

UPDATE: CARB BULLETIN DATED 30 MARCH 2023 - CERTAIN REPORTING TIMELINES EXTENDED TO 1 MAY 2023

Further to the Club's update above, CARB issued a further Enforcement Notice on 30 March 2023, At Berth Enforcement Notice - March 30 2023.pdf (ca.gov), announcing a further extension of the 30-day reporting deadline to 1 May 2023. This notice supersedes its 20 January 2023 notice above. Vessel calls between 1 January and 1 April 2023 can therefore now be submitted by the new 1 May 2023 deadline. Vessel calls after 1 April 2023 will need to be reported within 30 days.

This latest notice also provides new compliance guidance and Members are strongly recommended to refer to the full details therein. In brief, during the transition period (from 1 January 2023 until 30 days after the EPA's Final Rule for the 2020 At-Berth Regulations is published in the Federal Register), all vessel operators may select one or two enforcement path options and must submit their choice to CARB by 1 May 2023, via email to shorepower@arb.ca.gov

The two enforcement options are:

Achieve the new per-visit emission reduction provisions of the 2020 Regulation, or
Achieve the 80% emission/power reduction provision set out in the 2007 Regulation.

If no option is indicated to CARB by 1 May 2023, option 1 will apply by default from 2 May 2023.

Regardless of which option path is selected, all vessel operators are required to submit reporting information required by the 2020 Regulation, including vessel visit reports.

More information relating to the 2020 At-Berth regulation is available in the following Updated FAQs on CARB's webpage.

If Members have any questions relating to this latest notice, your usual contact at the UK P&I Club will be pleased to assist you.