Cal. Code Regs. tit. 17 § 93130.14

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 93130.14 - Terminal and Port Plans and Interim Evaluation
(a) Terminal plans.
(1) Terminal plan requirements.

Beginning in 2021, terminal operators shall submit a terminal plan that discusses how the terminal will comply with the requirements for ocean-going vessels visiting each berth. For vessel categories with compliance dates after 2023, the terminal operator shall submit plans with the most likely control strategy and submit a revised plan the year before the compliance date reflecting any changes to the terminal operator's strategy. As an alternative, Ports may submit plans for their terminal operators.

(2) Terminal plan submission dates.

Terminal operators shall submit terminal plans to CARB by the following dates:

(A) Container, refrigerated cargo, passenger terminals: December 1, 2021;
(B) Ro-ro terminals: December 1, 2021;
(C) LA/LB tanker terminals: December 1, 2021;
(D) All other tanker terminals: December 1, 2021;
(E) Low-use terminals that exceed the terminal threshold shall submit a terminal plan by July 1 the following year; and
(F) Ro-ro and tanker terminals shall revise and resubmit terminal plans on the following schedule, which must reflect any changes to the terminal since the initial plan:
i. Ro-ro terminals: February 1, 2024;
ii. LA/LB tanker terminals: February 1, 2024; and
iii. All other tanker terminals: February 1, 2026.
(3) Terminal plan information.

The terminal plan shall include discussion of necessary infrastructure modifications needed to reduce emissions from ocean-going vessels at a terminal, such that the terminal is capable of meeting compliance requirements by the implementation dates listed in Table 1 in section 93130.7 of this Control Measure. For each strategy implemented at a terminal, the terminal plan shall include:

(A) Identification and description of all necessary equipment, including whether it will be located on the vessel, wharf, shore, or elsewhere;
(B) Number of vessels expected to visit the terminal using the strategy;
(C) List of each berth with geographic boundary coordinates;
(D) Identify berth(s) where equipment will be used;
(E) Terminal/port specific berthing restrictions;
(F) Schedule for installing equipment;
(G) Division of responsibilities between the terminal operator and the port, including contractual limitations applicable to the terminal, relevant to enacting the infrastructure required by each terminal's plan; and
(H) A terminal operator claiming that a physical and/or operational constraint will delay its ability to implement its preferred CARB approved control strategy to achieve emission reductions from vessels at berth according to the requirements of section 93130 et seq., must also include with its terminal plan a technical feasibility study evaluating if there are any other emission control options that could be implemented more quickly at the terminal.
(4) All terminal plans shall be signed by the applicable terminal's Responsible Official under penalty of perjury and are subject to verification by CARB staff. The division of responsibilities between the terminal operator and the port must be signed by the port's Responsible Official under penalty of perjury.
(b) Port plans.
(1) Port plan requirements.

Port operators shall submit a plan showing proof that the necessary terminal infrastructure modifications are being developed or have been completed and/or report any modifications still required in order for all of the Port's terminals with control requirements to reduce emissions of vessels at berth. Ports should use terminal plans as a basis for developing port plans, and may submit terminal plans on behalf of one or more of the port's terminal operators.

(2) Port plan submission dates.

Port operators shall submit port plans to CARB by the following dates:

(A) Container, refrigerated cargo, passenger terminals: December 1, 2021;
(B) Ro-ro terminals: December 1, 2021;
(C) LA/LB tanker terminals: December 1, 2021;
(D) Non-LA/LB tanker terminals: December 1, 2021;
(E) Updated plan by July 1 the following year after any new terminal at the port exceeds the annual visit threshold.
(3) Port plan information.

The port operator shall include in its port plan a discussion of necessary infrastructure modifications needed to reduce emissions from ocean-going vessels at a terminal, such that each terminal at the port is capable of meeting compliance requirements by the implementation dates listed in Table 1 in section 93130.7 of this Control Measure. For each strategy implemented at a berth, the plan must include all of the following:

(A) Identification and description of which strategy each applicable terminal will use for compliance;
(B) Identify any equipment purchases and/or construction that are in progress or must still be completed to reduce emissions;
(C) Provide schedule for installing equipment and/or any necessary construction projects;
(D) Identify terminals where equipment will be used;
(E) Listing of each terminal with geographic boundary coordinates;
(F) Specify any port specific berthing restrictions; and
(G) List the division of responsibilities between the terminal and the ports for enacting the infrastructure required by each terminal's plan.
(4) All port plans shall be signed by the applicable port's Responsible Official under penalty of perjury and are subject to verification by CARB staff. The division of responsibilities between the terminal operator and the port must be signed by the terminal's Responsible Official under penalty of perjury.
(c) Review of terminal and port plans.

Within 90 calendar days following submittal of a terminal plan under section 93130.14(a) or a port plan under section 93130.14(b), CARB shall notify the applicable terminal operator or port of any deficiencies in the contents of the plan (as set forth in sections 93130.14(a) and (b), respectively), and/or in the plan's demonstration that the terminal or port is making good faith efforts to facilitate use of a CARB approved control strategy at each berth. If CARB does not notify the applicable terminal operator or port of any such deficiencies, the plan shall be deemed acceptable on the 90th calendar day following submittal.

(d) Interim evaluation for new technologies and applications.

CARB staff will assess the progress made in adopting control technologies for use with tanker and ro-ro vessels, as well as the status of landside infrastructure improvements that may be needed to support emission reductions at ro-ro and tanker terminals. CARB staff will review control technologies for use with bulk and general cargo vessels, and for ocean-going vessels at anchor, and potential requirements for these vessel types. CARB staff will evaluate the information provided by the port and terminal plans required by this Control Measure. CARB staff will also consider other public information provided to CARB, including terminal specific engineering evaluations, logistical considerations, public engagement, and independent studies that inform the implementation timeline. By December 1, 2022, staff will publish an analysis and findings in a report and make it available for public review at least 30 calendar days prior to presenting the report to the Board at a public meeting. If staff finds that the compliance deadlines for ro-ro or tanker vessels need to be adjusted forward or backward in time, the report will include recommendations to initiate staff's development of potential formal regulatory amendments.

Cal. Code Regs. Tit. 17, § 93130.14

1. New section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)

Note: Authority cited: Sections 38560, 38562, 39600, 39601, 39658, 39659, 39666, 43013 and 41511, Health and Safety Code. Reference: Sections 38510, 38530, 38562, 38566, 38580, 39600, 39650, 39658, 39659, 39666, 41510 and 41511, Health and Safety Code.

1. New section filed 12-30-2020; operative 1/1/2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)