Terminal operators that receive ocean-going vessels in California shall meet the following requirements. Any failure to perform any specific items in this section shall constitute a separate violation for each calendar day that the failure occurs.
(a) Shore power requirements for at berth emission reductions.(1) Terminal operators or ports with berths equipped to receive shore power vessels must connect these vessels to shore power when visited by a commissioned shore power vessel.(2) The port or terminal operator is responsible for commissioning vessels equipped with shore power that is installed on the side of the vessel facing the wharf when berthed.(3) If the commissioned shore power vessel is berthed in a way that prevents it from connecting to shore power, the terminal may use a TIE or must provide an alternative CAECS compatible with the vessel.(b) Visits to berths at terminals without shore power. Terminals that receive a vessel at a berth without shore power are responsible for arranging a CAECS for each visit by vessels with requirements for auxiliary engines or tanker auxiliary boilers in section 93130.7(b) or 93130.7(c) of this Control Measure. If neither the vessel nor the terminal has shore power, then it is the shared responsibility of both parties to arrange a CAECS for this visit.
(c) Visits by vessels with on-board control strategies. If the CAECS is operated solely on the vessel, terminal operators are required to confirm with vessel operators that the equipment is operational and will be used, prior to the vessel's arrival at a California berth.
(d) Terminal operator compliance checklist. Terminal operators shall complete the following items in this checklist to ensure compliance under the Control Measure:
(1) At least seven calendar days before arrival, the terminal operator shall communicate with the vessel operator and operator of the CAECS in writing to coordinate the use of a CAECS. If the vessel operator is using a CAECS, the terminal operator shall supply the vessel operator with information about the terminal's compatibility with the intended CAECS.(2) Ensure shore power equipped vessels are commissioned for shore power at the terminal they are visiting or notify vessel operator if commissioning is required.(3) Position vessel appropriately to enable use of shore power or the CAECS.(4) Use shore power or another CAECS during the vessel visit.(A) When using shore power as the control strategy, record power meter reading at the time of shore power connection;(B) Begin controlling emissions with shore power or another CAECS within two hours after "Ready to Work";(C) Cease controlling emissions with shore power or another CAECS no sooner than one hour before "Pilot on Board"; and(D) When using shore power as the control strategy, record power meter reading immediately after disconnecting from shore power.(5) Beginning on January 1, 2023, all terminal operators must report the following vessel visit information within 30 calendar days of each vessel's departure, using local time for all dates and times:(E) Port, terminal, and berth visited;(F) Terminal operator contact information, including name, address, email address, and telephone number;(G) Arrival date and time;(H) Departure date and time;(J) If CAECS was provided by the terminal, or terminal and vessel shared arrangement responsibility, start and end date and time of emission control;(K) For shore power visits, the terminal must report the power meter readings at the time of shore power connection and immediately after disconnection;(L) Information specified in the approved compliance strategy's compliance instructions;(M) Information relating to any exception claimed by the terminal during the visit, including the type of exception, a detailed description of the exception and documentation detailing the exception, and any relevant correspondence (e.g. emails) documenting the visit exception;(N) Report if a request for use of the remediation fund, including detailed description of the applicable circumstance specified in section 93130.15 of this Control Measure, the start and end times during which the applicable specified circumstance took place, and the tier rating of the vessel's engine;(O) Report if a vessel operator or terminal operator uses a TIE or VIE for the visit, including the contact information of the responsible official who authorized the use of the TIE or VIE; and(P) Report if a CARB approved innovative concept is used to reduce emissions for the visit in compliance with the Control Measure, as required in the innovative concept's Executive Order.(e) Submissions. The terminal operator shall submit information to CARB according to section 93130.19 of this Control Measure.
(f) Construction or repair. The terminal operator is responsible for providing an alternative CAECS for vessels to reduce emissions if the CAECS for the berth is unavailable due to construction or repair. Terminals also have the option of using a TIE or remediation fund for construction or repair.
(g) Records retention. Records made pursuant to section 93130.9 shall be kept for a minimum of five years. This information shall be sent to the Executive Officer within 10 calendar days of a request from CARB staff.
Cal. Code Regs. Tit. 17, § 93130.9
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.)