The Regulatory Gap¶
One State Protects Its Port Communities. Forty-Nine Do Not.¶
Key Finding
California's At-Berth Regulation, in effect since 2014 and strengthened in 2020, is the only mandatory at-berth emissions control requirement in the world. In October 2023, the EPA authorized other states to adopt California's standard under the Clean Air Act. No state has done so.
California's At-Berth Regulation¶
The California Air Resources Board's Control Measure for Ocean-Going Vessels At Berth requires vessels to either connect to shore power or use a CARB-approved emission control system while docked at California ports. The regulation covers container ships, roll-on/roll-off auto carriers, and (as of January 2025) tankers.
Key provisions:
- Container ships and RoRo vessels must reduce at-berth auxiliary engine power by 80% at regulated ports
- Tanker vessels at the Ports of LA and Long Beach must comply as of January 2025; all California ports by 2027
- Full implementation across all vessel classes and ports reaches completion at the start of 2027
- Compliance pathways include shore power connection or use of a CARB-Approved Emission Control System (CAECS)
Currently, only one company operates a CARB-approved emissions capture fleet across all three vessel classes: a fleet of eight barges across five California ports (Los Angeles, Long Beach, Hueneme, Benicia, Oakland) that has treated over 2,000 vessels for 25,000+ cumulative hours, capturing 200+ tonnes of criteria pollutants.
EPA Authorization for State Adoption¶
In October 2023, the EPA granted authorization for California's at-berth regulation under Section 209 of the Clean Air Act. This authorization is legally significant: it means any other state can now adopt California's identical standard without seeking separate EPA approval.
No State Has Acted
Despite EPA authorization, no state has initiated a rulemaking process to adopt CARB's at-berth standard. This includes states with major port communities facing significant health burdens: New York, New Jersey, Texas, Louisiana, Georgia, and Washington.
The Shore Power Problem¶
Shore power — plugging vessels into the electrical grid while docked — is often presented as the alternative to emissions capture. But shore power deployment faces significant barriers:
- Only ~3% of global ports have shore power infrastructure
- Grid constraints limit utilization even where infrastructure exists: in Southampton, UK, only one of two high-voltage systems can operate at a time
- A July 2025 DNV report found that as little as 20% of the EU's required shore power infrastructure has been installed or commissioned
- Retrofit costs average approximately $2 million per vessel for shore power compatibility
- Tankers cannot use shore power due to safety risks from volatile cargo — emissions capture is the only compliance pathway for liquid bulk vessels
Barge-mounted emissions capture operates without drawing from the grid, requires no vessel modifications, and works on all vessel classes including tankers. It complements shore power where grid capacity exists and substitutes where it does not.
State-by-State Pathway Analysis¶
Detailed state analyses for priority port states are under development. Each analysis will cover:
- Home rule authority and state preemption landscape
- Existing air quality regulations applicable to port operations
- Legislative and executive pathways to adopting CARB-equivalent standards
- Political feasibility and identified coalition partners
- Estimated health benefits of at-berth controls at state ports
Priority States¶
| State | Major Ports | ICCT Priority | Status |
|---|---|---|---|
| New York | NY/NJ (shared) | Priority 1 | No action |
| New Jersey | NY/NJ (shared) | Priority 1 | No action |
| Texas | Houston, Galveston | Priority 2 | No action |
| Louisiana | New Orleans | Priority 2 | No action |
| Washington | Seattle, Tacoma | Priority 2 | No action |
| Georgia | Savannah | Screening stage | No action |
| Florida | Port Everglades, Jacksonville | Screening stage | No action |
| Minnesota | Duluth-Superior | Screening stage | No action |
Why This Matters¶
The regulatory gap creates a health equity divide. Communities in Long Beach and Oakland have mandated protection from at-berth emissions. Communities in Newark, Houston, and New Orleans do not — despite facing comparable or worse emissions exposure and having fewer resources to cope with the health consequences.
Closing this gap requires either state-by-state regulatory adoption, federal action, or financial incentives (such as carbon credit revenue) sufficient to fund voluntary deployment at non-regulated ports.
What You Can Do
If you are an advocate, policymaker, or community organization in a priority port state, contact us to discuss a state-specific regulatory pathway analysis or health impact assessment for your port community.