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The purpose of this notice is to notify the public that the California Air Resources Board (CARB) has decided to exercise its enforcement discretion to temporarily extend certain reporting timelines set forth in the 2020 Control Measure for Ocean-Going Vessels At Berth (2020 Regulation). CARB is granting this extension due to the unique circumstances, including the extreme nature of the series of storms affecting the entire state during the first few weeks after the 2020 Regulation’s revised reporting provisions entered into effect on January 1, 2023.1
Pursuant to the 2020 Regulation, vessel operators, terminal operators, and operators of CARB-approved emissions control strategies (CAECS) must report their vessel visit information for each visit within 30 days of the vessel’s departure. (Specifically, see 17 CCR §§ 93130.7(e)(4) (vessel operator reporting); 93130.9(d)(5) (terminal operator reporting); and 93130.12(b)(3) (CAECS operator reporting).) However, given the unique circumstances described above, and given stakeholder inquiries, no vessel visit report under any of the specific reporting provisions listed above is due until April 1, 2023. 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 this notice provides temporary enforcement relief for the reporting provisions described above, CARB encourages those that can achieve the reporting timeframes set forth in the 2020 Regulation to continue doing so.
Contacts
For further information regarding this notice, please contact Angela Csondes and Debbi Klossing.
[1] See, e.g., Federal and State emergency proclamations relating to this storm series.
Background
CARB's State Implementation Plan, the Community Air Protection Blueprint prepared under Assembly Bill (AB 617), the California Climate Change Scoping Plan, the Mobile Source Strategy, and the California Sustainable Freight Action Plan (prepared pursuant to Executive Order B-32-15) included commitments to evaluate the 2007 At-Berth Regulation for opportunities to further reduce emissions from vessels. These actions led to the development of the 2020 Regulation to achieve further emission reductions through changes such as including smaller fleets, additional vessel types (such as roll-on/roll-off vehicle carriers and tankers), and additional requirements. The 2020 Regulation will help achieve much needed public health protection for Californians living nearby port communities, reduce exposure to toxic air emissions in disadvantaged communities, and will help meet state and federal air quality standards.
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