News 17 Mar, 2023

USA - Updated Californian “At Berth” Regulation and New Reporting Requirements (Updated)

Erin Walton

Assistant Corporate Director

The California Air Resources Board (CARB) Ocean-Going Vessels “At Berth” Regulation 2020 came into force on 01 January 2023. The amended regulation aims to further reduce diesel particulate matter and nitrogen oxides from ocean-going vessels’ auxiliary engines alongside regulated Californian ports and terminals.

Download PDF

The original “At Berth” Regulation was first introduced in 2007, requiring a certain percentage of fleets’ vessels to plug into shore power whilst at regulated berths based on the type of vessel and frequency of port calls. The new "At Berth" 2020 Regulation expands the requirements to include more vessel types and increases the number of regulated terminals and ports.

Phased schedule compliance start date:

1 January 2023	Container, reefer and passenger vessels.
1 January 2024	Ro-Ro vessels. Tankers visiting the ports of Los Angeles and Long Beach.
1 January 2025	All remaining tankers.

Vessels with shore power plug-in capabilities must plug into shore power during their port stays. Alternatively, vessels are required to use a pre-approved CARB Approved Emission Control Strategy (CAECS). Additionally, if not connected to shore power, tankers with steam-driven pumps must meet auxiliary boilers’ performance standards as specified within the regulations.

Reporting requirements were also due to come into force on 1 January 2023. However, due in part to extreme weather affecting California in the beginning of January 2023, CARB has granted an extension to reporting requirements under the Regulation until 1 April 2023.

CARB advise at para 102 of their FAQs:

As of April 1, 2023, reports will be due pursuant to the normal schedule set forth in the 2020 Regulation. Furthermore, any reports that would have been due prior to April 1, 2023, but for the relief provided by this Notice are due on April 1, 2023. While the Enforcement Notice published by CARB provides temporary enforcement relief for the reporting provisions of the 2020 Regulation until April 1, 2023, CARB encourages those that can achieve the reporting timeframes set forth in the 2020 Regulation to continue doing so.

More details can be found in the Enforcement Notice dated 20 January 2023, here.

Required reporting is for all vessel types from 01 April 2023, in addition to container, reefer and passenger vessels. Visit Reports must be submitted to CARB within 30 days of each vessel’s departure by the vessel’s operators. 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 non-conformance action item for every day the vessel remains non-compliant.

CARB's frequently asked questions document can be found here.

Members requiring further guidance should contact the Loss Prevention Department.