Cal. Code Regs. Tit. 17, § 93130.14 - Terminal and Port Plans and Interim Evaluation
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.
Terminal operators shall submit terminal plans to CARB by the following dates:
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:
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.
Port operators shall submit port plans to CARB by the following dates:
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:
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.
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.
Notes
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.
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