Attachment A 
Proposed Second 15- Day Modifications to the 
Proposed Regulation Order 
Proposed Amendments to the 
Commercial Harbor Craft Regulation 
Date of Release: October 10, 202 2 
Date of Hearing s: November 19, 202 1, March 24, 2022 This Page Intentionally Left Blank Proposed Amendments to the 
Commercial Harbor Craft Regulation 
[Note: The originally -proposed 45 -day amendments to title 13 section 2299.5 and 
title 17 section 93118.5 are shown in underline to indicate additions and strikeout to 
indicate deletions from the existing regulatory text. The First 15-day changes 
proposed on May 19, 2022, are shown in bold double underline to indicate additions 
and bold double strikeout to indicate deletions. The proposed Second 15-day 
changes are shown in italicized double -underline to indicate additions and italicized 
double -strikeout to indicate deletions. ] 
Amend section 2299.5, title 13, division 3, chapter 5.1 of the California Code of 
Regulations (CCR) and section 93118.5, title 17, chapter 1, subchapter 7.5, CCR, to 
read as follows: 
Section 2299.5. Low Sulfur Fuel Requirement s, Emission Limits and Other 
Requirements for Commercial Harbor Craft. Prior to January 1, 2023, Aany person who sells, supplies, offers for sale, purchases, 
owns, operates, leases, charters, or rents any new or in- use diesel fueled Harbor Craft, 
as defined in section 93118.5(d)(39), title 17, California Code of Regulations (CCR), 
must comply with the low sulfur fuel use requirement in section 93118.5(e)(1) and 
other requirements in section 93118.5, title 17, CCR when operating the craft within Regulated California Waters, as defined in section 93118.5(d)(68), title 17, CCR, except as provided in sections 93118.5(b), (c), and (e)(1)(F), title 17, CCR. Notwithstanding 
the definition of Harborcraft in section 2299(b)(4), title 13, CCR, and in section 
93117(b)(4), title 17, CCR, the low sulfur fuel requirement in section 93118.5(e)(1), title 
17, CCR applies t o an ocean -going tugboat or towboat that has a “registry” (foreign 
trade) endorsement on its United States Coast Guard certificate of documentation or that is registered under the flag of a country other than the United States, except when on voyages comprised of “continuous and expeditious navigation” through Regulated California Waters, as provided in section 93118.5(c)(1), title 17, CCR. This 
section shall not be construed as expanding or limiting either the application or 
requirements of section 93118.5, title 17, CCR, but is intended to alert affected 
persons of the Harbor Craft fuel use requirement and other provisions in that section. 
On and after January 1, 2023, any person who sells, supplies, offers for sale, 
purchases, owns, operates, leases, charters, or rents any new or in -use Harbor Craft, as 
defined in subsection 93118.5(d), title 17, California Code of Regulations (CCR), must 
comply with the renewable diesel fuel requirement in subsection 93118.5(e)( 7) and 
other requirements in section 93118.5, title 17, CCR when operating the craft within 
Regulated California Waters, as defined in subsection 93118.5(d), title 17, CCR, except 
Page 1 of 124 as provided in subsections 93118.5(b), (c), and (e)( 7)(B), title 17, CCR. 
Notwithstanding the definition of Harbor craft in section 2299(b)(4), title 13, CCR, and 
in section 93117(b)(4), title 17, CCR, the renewable diesel fuel requirement in 
subsection 93118.5(e)( 7), title 17, CCR applies to all dredges, articulated tug barges , 
and petrochemical tank barges, and an ocean- going tugboat or towboat that has a 
“registry” (foreign trade) endorsement on its United States Coast Guard certificate of documentation or that is registered under the flag of a country other than the United States, except when on voyages comprised of “continuous and expeditious 
navigation” through Regulated California Waters, as provided in sub section 
93118.5(c)(1), title 17, CCR. This section shall not be construed as expanding or 
limiting either the application or requirements of section 93118.5, title 17, CCR, but is intended to alert affected persons of the Harbor Craft fuel use requirement and other 
provisions in that section. 
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 38580, 39600, 39601, 
41511, 43013 , and43018, and 43019.1 Health and Safety Code. Reference: Sections 
38505, 38510, 38560, 38566, 38580, 39000, 39001, 39515, 39516, 41510, 41511, 
43013, 43016 , and 43018, and 43019.1, Health and Safety Code; and Western Oil and 
Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3rd 411, 121 
Cal.Rptr. 249 (1975). 
Page 2 of 124 Section 93118.5.  Airborne Toxic Control Measure for Commercial Harbor Craft. 
On January 1, 2023, subsections (e)(1), (e)(3) through (e)(6), and subsection (n) of 
title 13 of the California Code of Regulations shall be superseded by subsections 
(e)(7) through (e)(14), and subsection (o) of title 17 of the California Code of Regulations , as specified in section 93118.5. However, if subsections (e)(7) 
through (e)(14), and subsection (o) of this section 93118.5 of title 17 of the California Code of Regulations collectively are repealed or deemed invalid in their entirety by a final court decision, the requirements of subsections (e)(1), (e)(3) 
through (e)(6), and subsection (n) of this section 93118.5 of title 17 of the California Code of Regulations shall again become operative. This section shall not 
be construed as expanding or limiting either the application or requirements 
subsections (e)(1), (e)(3) through (e)(6), and subsection (n) , title 17, California Code 
of Regulations, but is intended to alert affected persons of the st ate’s 
requirements regarding commercial harbor craft , ports, terminals, berths, and 
emission control strategies for commercial harbor craft . 
(a) Purpose and Intent . 
The purpose and intent ofthis section is to reduce diesel particulate matter (PM), 
oxides of sulfur (SO
x), and oxides of nitrogen (NO x), and greenhouse gas (GHG) 
emissions from diesel propulsion and auxiliary engines on harbor craft that operate in 
any of the waters subject to this section (“Regulated California Waters”). This section 
implements provisions of the Goods Movement Emission Reduction Plan, adopted by the Calif ornia Air Resources Board (ARB or CARB) in April 2006, to reduce emissions 
and health risk from ports and the movement of goods in California. This Control 
Measure also ensures that commercial harbor craft do not create excess visible 
emissions. Californ ia’s commercial harbor craft operations are largely situated in the 
vicinity of at-risk communities that directly benefit from localized reductions of NOx 
and PM emissions. This contributes to meeting community health goals as set forth in 
Assembly Bill 6 17 (Garcia, Stats. 2017, ch. 136). Furthermore, NOx and PM emission 
reductions contribute to meeting California’s State Implementation Plan obligations for attainment, and further CARB’s obligations under sections 39660 et seq. and 43013 et seq. of the Health & Safety Code. Additionally, use of shore power has a 
benefit of simultaneously reducing toxic, criteria pollutant, and GHG emissions. This 
contributes to meeting California’s GHG emission reduction targets established in Assembly Bill 32 (Nunez, Stats. 2006, ch. 488) and Senate Bill 32 (Pavley, Stats. 2016, 
ch. 249). 
For purposes of this regulation, “this section” refers to “Section 93118.5” in its 
entirety. 
Page 3 of 124 (b) Applicability. 
(1) Except as provided in subsections (b)(6) and (c), this section applies to any 
person who sells, supplies, offers for sale, purchases, owns, operates, leases, 
charters, or rents any new or in -use diesel fueled harbor craft that is operated in 
any of the Regulated California Waters. , and c ommencin g January 1, 2023, to 
any new or in- use harbor craft, regardless of fuel type . 
(2) Engine Subject to Multiple C ARB Regulations. In the event an engine that is 
permanently affixed to a harbor craft and is subject to the regulations in either subsection (A) or (B) below, the requirements of this section shall supersede the 
requirements of either of the regulations cited below in section 93118.5( b)(2)(A) 
or section 93118.5( b)(2)(B): is subject to the requirements of this section, and 
either: 
(A) the regulation for portable compression ignition (CI) engines and 
equipment units (sections 93116- 93116.5, title 17, California Code of 
Regulations (CCR)) ,; or 
(B) the regulation for in- use off -road diesel vehicles (sections 2420- 2427, title 
13, CCR) ,. the requirements of this section shall supersede the 
requirements of either of the regulations cited in 93118.5(b)(2)(A) or 93118.5(b)(2)(B) above. 
(3) This section applies to towboats and tugboats engaged in or intending to 
engage in the service of pulling, pushing, or hauling alongside tank vessels or 
tank barges. 
(4) Notwithstanding the provisions of title 13, CCR, sections 2299. 12, 2299.3, and 
title 17, CCR, section s 93118.2,  and 93130 through 93130.20, this section shall 
apply to any ocean -going tugboats and towboats and shall supersede the 
requirements of 13 CCR 2299. 12, 13 CCR 2299.3, and 17 CCR 93118.2 and 
93130 through 93130.20 in their entirety for ocean -going tugboats and 
towboats . Commencing January 1, 2023, this section also applies to ATB tug -
barge combinations, and petrochemical tank barges . For purposes of this 
paragraph, “ocean -going tugboats and towboats” shall mean tugboats and 
towboats with a “registry” (foreign trade) endorsement on its United States 
(U.S.) Coast Guard certificate s of documentation, or tugboats and towboats 
that are registered under the flag of a country other than the United States. 
(5) Nothing in this section shall be construed to amend, repeal, modify, or change in any way any other applicable State, U.S. Coast Guard, or other federal 
requirements. Any person subject to this section shall be responsible for 
Page 4 of 124 ensuring compliance with both U.S. Coast Guard regulations and the 
requirements of this section and any other applicable State and federal 
requirements , including but not limited to, obtaining any necessary 
approvals, exemptions, or orders from the U.S. Coast Guard. 
(6) This section shall not apply to any engine and equipment that fall within the 
scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act (42 United States Code (U.S.C.) 7543(e)(1)(A)) and as defined by regulation of 
the U.S. Environmental Protection Agency (U.S. EPA). 
(c) Exemptions. 
All or portions of this section do not apply to the following, as provided below, but vessels that are partly or wholly exempt from this section may be subject to other State or federal regulations and requirements.  A person subject to such other State or federal regulations and requirements is solely responsible for ensuring the vessel complies with those regulations and requirements.  All other portions of this section shall apply unless otherwise specified: 
(1) The requirements of this section do not apply to harbor craft voyages that are 
comprised of continuous and expeditious navigation through any of the 
Regulated California Waters for the purpose of traversing such bodies of water without entering California internal or estuarine waters or calling at a port, 
roadstead, or terminal facility.  “Continuous and expeditious navigation” includes stopping and anchoring only to the extent such stopping and anchoring are required by the U.S. Coast Guard; rendered necessary by force majeure or distress; or ma de for the purpose of rendering assistance to 
persons, ships, or aircraft in danger or distress.  This exemption does not apply to the passage of a harbor craft that engages in any of the prejudicial activities specified in United Nations Convention on the Law of the Seas (UNCLOS) 1982, Article 19, subpart 2. Further, notwithstanding any U.S. Coast Guard mandated stops or stops due to force majeure or the rendering of assistance, this exemption does not apply to a vessel that was otherwise scheduled or int ended 
to enter California internal or estuarine waters or call at a port, roadstead or terminal facility; 
(2) Except as provided in Paragraph (3) below, Except as provided in sub section 
(c)(3) below during the time period prior to January 1, 2023, a temporary 
replacement vessel is exempt only from the requirements set forth in subsections (e)(10) and (e)(612) and only upon written approval by the CARB’s 
Executive Officer (E.O.).  All oth er provisions in this section shall apply to a 
temporary replacement vessel subject to this paragraph.  An owner or operator, 
Page 5 of 124 who has or will have a vessel taken out of service, may apply in writing to the 
E.O. to operate a temporary replacement vessel pursuant to the following: 
(A) The E.O. shall approve or disapprove such a request within 3015 days of 
receipt.  The E.O. shall not unreasonably withhold approval of the request 
to operate the temporary replacement vessel; 
(B) If the approval is granted, the temporary replacement vessel’s operating 
time will be specified in the approval by the E.O., along with any other terms, conditions, or requirements the E.O. deems necessary, but in no case shall the approved operating time in Regulated California Waters for a specific temporary replacement vessel exceed one year total for any single vessel that is temporarily replaced; and 
(C) No temporary replacement vessel exemptions shall be approved for a vessel that is taken out of service more than 12 months in any 24- month 
period or if the E.O. cannot determine the length of time a vessel has been taken out of service within any 24- month period; and 
(D) On and after January 1, 2023, both main and auxiliary engines on temporary replacement vessels must meet Tier 2 or newer marine or off -
road emission standards, and can not be used to replace vessels with non-
compliant engines after compliance dates as set forth in subsections (e)( 10) 
and (e)(12) . 
(3) This subsection is only applicable until December 31 , 2022. A temporary 
replacement vessel used to replace a vessel that has its homeport in the South Coast Air Quality Management District (SCAQMD) is exempt only from the compliance dates set forth in Table 8 of subsection (e)(6) and only upon written 
approval from the E.O. All other provisions in this section, including but not 
limited to, tThe compliance dates specified in Table 7, Table 9, and Table 10 of 
subsection (e)(6) and all other provisions of this section , shall apply to a 
temporary replacement vessel subject to this paragraph. An owner or operator, 
who has or will have a vessel taken out of service, may apply in writing to the 
E.O. to operate a temporary replacement vessel pursuant to the following: 
(A) The E.O. shall approve or disapprove such a request within 15 days of 
receipt.  The E.O. shall not unreasonably withhold approval of the request 
to operate the temporary replacement vessel; 
(B) If the approval is granted, the temporary replacement vessel’s operating time will be specified in the approval by the E.O., along with any other terms, conditions, or requirements the E.O. deems necessary, but in no case shall the approved operating time in Regulated California Waters for 
a specific temporary replacement vessel exceed one year total for any 
single vessel that is temporarily replaced; and 
Page 6 of 124 (C) No temporary replacement vessel exemptions shall be approved for a 
vessel that is taken out of service more than 12 months in any 24- month 
period or if the E.O. cannot determine the length of time a vessel has been 
taken out of service within any 24- month period; 
(4) A temporary emergency rescue/recovery vessel is exempt from this section in 
its entirety; 
(5) A recreational vessel or any alternative fueled vessel that carries 6 or fewer 
passengers and that is not required to be documented with the U.S. Coast 
Guard pursuant to 46 CFR 67.7 as last amended on September 25, 2009 and 
46 CFR 67.9 as published on November 15, 1993, which are incorporated by 
reference herein, is exempt from this section in its entirety; 
(6) An ocean -going vessel, except for ocean -going tugboats and towboats as 
provided defined in subsection (b)(4)(d ), is exempt from this section in its 
entirety; on and after January 1, 2023, dredges, petrochemical tank barges and 
articulated tug barges are not exempt from this section ;  
(7)  A registered historic vessel is exempt only from subsection (e)(6) and (e)( 12); 
(8)  A U.S. Coast Guard vessel is exempt from this section in its entirety; 
(9) A military tactical support vessel is exempt from this section in its entirety; 
(10) An engine rated less than 50 horsepower (hp) is exempt only from subsection (e)(6); on and after January 1, 2023, engines of all power ratings on regulated 
in-use vessels including those rated less than 50 hp are subject to this section 
including the requirements in subsection (e)( 12); 
(11) This subsection is only applicable until December 31, 2022. Near -Retirement 
Vessels. A harbor craft is exempt from the requirements of subsection (e)(6)(C) 
and (e)(6)(D) if all of the following criteria have been met: 
(A) the vessel is scheduled to be taken out of service and retired 
permanently; 
(B) the vessel is actually taken out of service and retired on or before the 
retirement date scheduled under (A) above; and 
(C) the vessel has an engine with a compliance date, as set forth in subsection (e)(6)(D), that is within one year of the vessel’s scheduled retirement date under (A) above .; and 
Page 7 of 124 (D) the owner/operator reports the vessel and engine information along with 
its scheduled retirement date to CARB prior to removing the vessel from 
service. 
Operation of a vessel subject to this provision after the scheduled retirement 
date or the engine’s co mpliance date, whichever occurs later, is a separate 
violation of this section for each and every engine and each and every day of operation during which an engine on the vessel does not meet the requirements of subsection (e)(6)(C) or other parts of this section ; 
(12) On and after January 1, 2023, a dedicated emergency use vessel is exempt only from performance standards requirements in subsection (e)(12 ), opacity testing 
requirements in subsection (k), and compliance fee requirements in subsection 
(l); 
(13) On and after January 1, 2023, a commercial fishing vessel is exempt only from performance standards requirements set forth in subsection (e)( 12) and 
compliance fee requirements in subsection (l); and 
(14) On and after January 1, 2023, vessel and facility owner s and operator s are not 
liable for failing to comply with the requirements of this section if they can 
demonstrate that failure to comply is due to a force majeure event, and the 
regulated entity has used best efforts to anticipate and mitigate impacts of 
non-compliance, including but not limited to excess emissions . 
(d) Definitions. 
For purposes of this section, the definitions of Health and Safety Code (H&S) sections 39010 through 39060 shall apply except as otherwise specified in this section: 
(1) “Air District” means one of the local air pollution control districts (APCDs) or air 
quality management districts (AQMDs) established under H&S section 40000 et 
seq. 
“Air Basin ” means a land area with generally similar meteorological and 
geographic conditions throughout.  California is currently divided 
geographically into 15 air basins for the purpose of managing the air resources 
of the State on a regional basis. 
(2) “Altern ative Diesel Fuel” means any fuel used in a diesel engine that is not 
commonly or commercially known, sold, or represented by the supplier as 
Page 8 of 124 diesel fuel No. 1- D or No. 2 -D, pursuant to the specifications in American 
Society for Testing and Materials (ASTM ) D975 -81, “Standard Specification for 
Diesel Fuel Oils,” as modified in May 1982, which is incorporated herein by 
reference, and does not require engine or fuel system modifications for the 
engine to operate, although minor modifications (e.g., recalibration of the 
engine fuel control) may enhance performance.  Examples of alternative diesel 
fuels include, but are not limited to, biodiesel and biodiesel blends not 
meeting the definition of CARB diesel fuel; Fischer -Tropsch fuels; emulsions of 
water in diesel fuel; and fuels with a fuel additive, unless: 
(A) the additive is supplied to the engine fuel by an on- board dosing 
mechanism ,; or 
(B) the additive is directly mixed into the base fuel inside the fuel tank of the 
engine ,; or 
(C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine. 
(3) “Alternative Fuel” means natural gas, propane, ethanol, methanol, gasoline, 
hydroge n, electricity, or other technologies that do not meet the definition of 
CARB diesel or alternative diesel fuel.  "Alternative fuel" also means any 
mixture that only contains these fuels. 
(4) “Annual Hours of Operation” means the total number of hours, rounded to the nearest whole hour, a vessel engine is used for all commercial purposes in Regulated California Waters in the calendar year (January 1 to December 31) immediately prior to the engine’s applicable compliance date set forth in 
subsection (e)(6)(D).  For example, if a vessel is used for commercial fishing and 
commercial non -fishing purposes, the total number of hours combined for both 
uses shall be the total annual hours of operation for that vessel. On and after 
January 1, 2023, any use of a commercial vessel for non -commercial purposes 
must be documented based on recordkeeping requirements in subsection (m)(4), otherwise the annual hours of operation for commercial purposes will be 
based on records from the non- resettable hour meter. 
“Articu lated Tug Barge (ATB) ” means a petrochemical tank barge that is 
mechanically linked with a paired tug that functions as a tug -barge combination . 
(5) “Auxiliary Engine” means an engine designed primarily to provide power for uses other than propulsion. 
Page 9 of 124 (6) “Averaging” means an exchange of excess reduced regulated emissions among 
engines on vessels in the same owner’s or operator’s fleet. 
“Battery Plug -in Hybrid Propulsion System” means a harbor craft main 
propulsion system utilizing energy from two or more different energy sources, 
one of which includes a battery energy storage system that is designed to 
periodically be swapped or charged by an external energy source . 
(7) “Baseline” means the emissions level of a diesel engine using CARB diesel fuel 
as configured upon initial marine installation. 
(8) “Barge” means a vessel having a  single or double flat- bottomed rectangular 
hull with sloping ends that is typically flat- bottomed , but may have a rounded 
hull form and built with or without a propulsion engine. Examples of Bbarges 
include but are not limited to deck barges, derrick or crane barges, dredging 
scow barges, autonomous drone barges, towed or pushed petrochemical tank 
barges, or barges operating as part of an ATB combination. 
“Base d Outside of R egulated California W aters (RCW) ” means operat ing more 
than 50 percent of the time outside of RCW in the previous calendar year. 
“Berth” means a vessel’s allocated place at a wharf, pier, or dock. For the 
purpose of this section, berth and slip can be used interchangeably. 
(9) “California Air Resources Board (CARB) Diesel Fuel” means any diesel fuel that 
meets the specifications of vehicular diesel fuel, as defined in title 13 CCR, 
sections 2281, 2282, 2284, 2299, and title 17 CCR section 93116. 
(10) “California Baseline” means the mean lower low water line along the California 
coast, as shown on the following National Oceanic and Atmospheric Administration (NOAA) Nautical Charts as authored by the NOAA Office of 
Coast Survey, which are incorporated herein by reference: 
(A) Chart 18600, Trinidad Head to Cape Blanco (January 2002); 
(B) Chart 18620, Point Arena to Trinidad Head (June 2002); 
(C) Chart 18640, San Francisco to Point Arena (August 2005); 
(D) Chart 18680, Point Sur to San Francisco (June 2005); 
(E) Chart 18700, Point Conception to Point Sur (July 2003); 
(F) Chart 18720, Point Dume to Purisima Point (January 2005); and 
(G) Chart 18740, San Diego to Santa Rosa Island (March 2007). 
Page 10 of 124 “California Department of Motor Vehicles (DMV) CF number” is a permanent 
registration number (CF number) assigned upon registration of undocumented vessels in California.  In accordance with the national vessel registration system, the registration number consists of the letters CF, four numbers, and a two -
letter suffix (for example, CF 1234 AB). 
“California Fish and Wildlife License Number” means an identification number 
assigned by the California Department of Fish and Wildlife, w hich is displayed 
on vessels on contrasting background in a format of FG 12345. 
“Call Sign Number” means a unique identifier to a vessel containing both 
characters and numbers most often used in radio transmissions. 
(11) “CARB” means the California Air Resources Board.  CARB may also be referred 
to as “ARB.” 
“CARB Approved Emission Control System (CAECS)” means a method of 
reducing emissions to a satisfactory level for compliance with Title 17, CCR 
93130 through 93130.20,  which is approved by CARB in this section as 
providing the same or greater reductions as applied to harbor craft. 
“CARB Diesel Fuel” means any diesel fuel that meets the specifications of 
vehicular diesel fuel, as defined in Title 13 CCR, Sections 2281 and 2282. 
(12) “Carbon Monoxide (CO)” is a colorless, odorless gas resulting from the 
incomplete combustion of hydrocarbon fuels. 
(13) “Category 1 Engine” means any marine engine with a displacement of less than 
5.0liters per cylinder and with a maximum horsepower (hp) rating of 50 hp or 
greater. 
(14) “Category 2 E ngine” means any marine engine with a displacement of 5.0 to 
less than 30 liters per cylinder. 
(15) “Category 3 E ngine” means any marine engine with a displacement of greater 
thanat or above 30 liters per cylinder. 
(16) “Certified Marine E ngine” means an engine that is certified by U.S. EPA as 
meet ing the requirements of title 40, Code of Federal Regulations (CFR), 
Part 94 or Part 1042 . 
Page 11 of 124 (17) “Certified Nonroad Engine” means an engine that is certified by U.S. EPA as 
meet ing the requirements of title 40, CFR, Part 89 or Part 1039. 
“Charter” means an agreement or contract where one person or company 
rents, leases, hires, or uses commercial harbor craft vessels from another person 
or company to convey or transport goods or passengers. 
“CHC Reporting System” is a reporting system that utilizes a web -based portal, 
fillable forms or other approved means of meeting reporting requirements of 
this section. 
(18) “Coast Guard Vessel” means any vessel or boat owned or operated by the U.S. 
Coast Guard, including , but not limited to, U.S. Coast Guard cutters and patrol 
boats that are used for law enforcement, defense operations, marine science, 
search and rescue missions, training missions, coastal surveillance, servicing aids to navigation, and marine environmental response. 
“Commercial Harbor Craft” means the same as “ Harbor Craft. ” 
“Commercial Passenger Fishing ” (also called “Charter Fishing ” or 
“Sport fishing ”) means any coastal or offshore vessel used for sport fishing, 
charter fishing, or any other type of fishing activity where individuals other than 
the owners or operators of the vessel are on board the vessel to perform fishing 
activities in exchange for payment to the vessel owner/operator . Commercial 
passenger fishing vessels include vessels operated on but are not limited to 
operations that provide both day and overnight trips, including tripsthose that 
may traverse voyage periodically in and out of Regulated California Waters. 
“Commercial Passenger Fishing Vessel Logbook (CPFV Logbook)” means the 
record of fishing activities that California CPFV operators are required to submit 
to the California Department of Fish and Wildlife (CDFW) as described in CCR, 
title 14, division 1, subdivision 1, chapter 6.5 . 
(19) “Compliance Date” means the date by which time a vessel engine must meet the requirements set forth in subsection (e) (6)(C).  The “compliance date” prior 
to January 1, 2023 for a vesse l engine is set forth in Table 7, Table 8, Table 9, or 
Table 10 in subsection (e)(6)(D), whichever is applicable. The “c ompliance 
date” on and after January 1, 2023 is set forth in Table 1 4, Table 16, Table 17 , 
Table 18, Table 19, or Table 21 in subsection (e), or the extension is set forth in 
(e)(12)(E), whichever is applicable. 
Page 12 of 124 (20) “Crew and Supply Vessel” means a self -propelled vessel used for carrying 
personnel and/ or supplies to and from off -shore and in- harbor locations 
(including , but not limited to, off-shore work platforms, construction sites, 
islands, and other vessels). 
(21) “Date of Acquisition” means, for a vessel or engine subject to this regulation, 
the date of purchase as defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the vessel or engine purchasing agreement, whichever is earliest of the three dates. 
“Dedicated Emergency Use Vessel” means a vessel that is used to perform fire 
suppression, police response or activities to protect public safety, or emergency rescue as its only specified vocation reported to CARB. Vessels performing 
training or certification for, or actual operations in oil spill response, are not dedicated emergency use vessels. Vessels operated by the California Department of Fish and Wildlife to enforce provisions of the California Fish and 
Game Code or California Fish and Game regulations are not dedicated 
emergency use vessels, even if they may be called upon to enforce other 
California laws. Vessels used to perform channel deepening, levee repair, 
and debris removal are not considered dedicated emergency use vessels. 
“Diesel Emission Control Strategy (DECS)” refers to a technology that reduces 
air pollution from diesel engine exhaust before it is emitted into the air. 
(22) “Diesel Engine” means an internal combustion, compression- ignition (CI) 
engine, or pilot ignition engine with operating characteristics significantly 
similar to the theoretical diesel combustion cycle.  The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition 
engine. 
“Diesel Engine System” means a system, including diesel engines and diesel 
particulate filters, used to meet CARB’s performance standards as set forth in 
subsection (e)(9). 
“Diesel Exhaust Fluid (DEF)” means a liquid reducing agent (other than engine 
fuel) used in conjunction with selective catalytic reduction to reduce NO x 
emissions.  Diesel exhaust fluid is an aqueous solution of urea conforming to the specifications of International Organization for Standardization ( ISO) 22241, 
which is incorporated by reference herein . 
(23) “Diesel Fuel” means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of prim arily 
Page 13 of 124 liquid hydrocarbons (HC) -organic compounds consisting exclusively of the 
elements carbon and hydrogen - that is sold or represented by the supplier as 
suitable for use in an internal combustion, compression- ignition engine. 
(24) “Diesel -Fueled”  means a diesel engine fueled in whole or part by diesel fuel. 
(25) “Diesel Oxidation Catalyst (DOC)” means an emission control technology that 
employs a catalyst to promote oxidation processes in diesel exhaust gases, usually designed to reduce emissions of the organic fraction of diesel 
particulates, gas -phase HC, and CO. 
(26) “Diesel Particulate Filter (DPF)” means an emission control technology that 
reduces diesel PM emissions in engine exhaust gases by trapping the particles 
in a flow filter substrate and periodically removes the collected particles by 
either physical action or by oxidizing (burning off) the particles in a process called regeneration. On and a fter January 1 , 2023, DPF means a CARB Level 3 
Verified Diesel Emission Control Strategy (VDECS). 
(27) “Diesel Particulate Matter (Diesel PM)” means the particles found in the exhaust of diesel engines, which may agglomerate and adsorb other species to form 
structures of complex physical and chemical properties. 
(28) “Direct Control” means owning, operating, having a contract, lease, or other 
arrangement to operate a harbor craft. For facilities, “Direct Control” means 
the authority to control the affairs of facility operations , which includes but is 
not limited to collecting payment from independent operators for use of dock 
space, and using facility property to moor, dock, service, or maintain a person’s 
own vessels, and being responsible for the majority of commercial activity at a 
given location . 
“Disadvantaged Communities (DACs)” are census tracts or applicable tribal 
data designated by the California Environmental Protection Agency for the 
purposes of SB 535 (Health and Safety Code Section 39711) using the most current version of Cal EnviroScreen by the Office of Environmental Health 
Hazard Assessment (OEHHA).  DACs include all wharfs, docks, berths, and slips within a port, marina, harbor or other terminal facility if any portion of the facility is located within a DAC.   Additional re quirements apply for vessels with 
a homebase or any regularly scheduled stop within 2 miles of a DAC. 
“Distributed Generation” means electrical power generation technologies and 
equipment (including but not limited to on -shore combustion engines at a 
dock or barge -mounted combustion engines moored to a dock ), or other 
Page 14 of 124 methods that produce electricity at or near the place of use. Stationary 
generators meeting definition of an emergency standby generator as set forth 
by 17 CCR 93115 et seq. that are used for emergency operations for harbor 
craft are not subject to distribution generation requirements. The electricity 
generated must meet the following emissions standards: 
(A) NOx emissions no greater than 0.03 gram per kilowatt -hour (g/kW -hr); 
(B) PM emissions equivalent to the combustion of natural gas with a fuel sulfur 
content of no more than 1 grain per 100 standard cubic foo t; 
(C) Distributed generation greenhouse gas ( GHG ) emissions must be grid -
neutral; and 
(D) Ammonia emissions no greater than five parts per million on a dry volume 
basis (ppmdv), if selective catalytic reduction (SCR) is used. 
“Dock” means the state of being secured to a facility (to dock), or the 
permanent structure to which a vessel can be secured . 
(29) “Dredge” means a vessel designed to remove earth from the bottom of waterways, by means of including, but not limited to, a scoop, a series of 
buckets, or a suction pipe.  Dredges include, but are not limited to, hopper 
dredges, clamshell dredges, or pipeline dredges. On and after January 1, 2023, 
dredges also include, but are not limited to, suction hopper dredges, barge 
mounted dredge s, and dredges with engines having a per cylinder 
displacement above 30 liters . 
“Emergency Operation” means performing emergency response duties such as 
responding to a stricken vessel, participating in activities as required by a Vessel 
Mutual Assistance Plan (VMAP), transporting displaced persons and first responders in response to a regional emergency, unannounced drills that are 
part of California Department of Fish and Wildlife (CDFW) Office of Spill 
Prevention and Response (OSPR) validation of Oil Spill Contingency Plans (C 
Plans) or U.S. Coast Guard requirements , providing response effort to an oil or 
petrochemical spill event, or use of combustion engines onboard vessels 
meeting zero-emission and advanced technology ( ZEAT) requirements in the 
event of an electrical utility power outage .  The operating hours within 
Regulated California Waters during emergency operation can be excluded from performance requirements for ZEAT in subsection (e)( 10), and annual limits as 
set forth in sub section (e)(14) and (e)(12 )(E)(4 ) if documented according to 
recordkeeping requirements in subsection (m ) and reported according to 
subsection (o). 
Page 15 of 124 (30) “Emission Control Strategy” means any device, system, or strategy employed 
to reduce emissions from an engine. Examples include, including, but not limited to, diesel oxidation catalysts, selective catalytic reduction systems, 
diesel particulate filters, alternative diesel fuels, water emulsified fuels, and any 
combination of the above. 
“Engine Family” means an identifier assigned by the United States 
Environmenta l Protection Agency (U.S. EPA) or CARB to every engine certified 
to Tier 1 emission standards or higher.  Engine family names generally contain 
11 to 12 digits for off -road or marine certified engines. 
“Escort Tugboats” means a tugboat with a primary vocation involving 
intercepting and escorting ATBs, or any ocean -going vessel entering or 
departing Regulated California Waters with the purpose of providing 
maneuvering or stopping assistance in case of loss of propulsion or steering power while in -route to or from docks and terminals.  Escort tugs will typically 
work with ship -assist harbor tugs to dock or undock their escorted ATBs or 
ocean -going vessels. Escort tugs may also stay with ATBs or ocean- going 
tanker vessels while they are offloading or loading petrochemical product for fire suppression assistance or emergency undocking. 
(31) “Estuarine Waters” means an arm of the sea or ocean that extends inland to meet the mouth of a river. 
(32) “Excursion Vessel” means a self -propelled vessel that transports passengers for 
purposes such asincluding, but not limited to, dinner cruises; harbor, lake, or 
river tours; scuba diving expeditions , lessons, or training ; sailing expeditions; 
parasailing expeditions; any type of for -hire charters for pleasure purposes; 
orand whale watching tours.  “Excursion Vessel” does not include crew and 
supply vessels, ferries, and recreational vessels. 
(33) “Executive Officer” means the Executive Officer (E.O.) of the California Air Resources Board or his/her designee. 
“Facility” means , but is not limited to, any port, marine terminal, oil terminal, 
marina, harbor, and land with docks for allowing a commercial harbor craft to 
dock , moor , or otherwise conduct commerce . 
“Facility Operator” means any person or company in direct control of daily facility operations and if applicable, responsible for the collection of commercial harbor craft vessel operators ’ compensation to dock , moor , or otherwise 
Page 16 of 124 conduct commerce . For purposes of this section, “Facility Operator” is 
interchangeable with the “Tenant” or “Facility Tenant”. 
“Facility Owner” means any person, company, municipality, or port authority 
that owns the property of the facility.  “Facility Owner” is interchangeable with “Land Owner” and “Property Owner”.  In some cases , including but not 
limited to port authorities, “facility owner” may also be the “facility operator”. 
(34) “Family Emission Limit (FEL)" means an emission level that is declared by the manufacturer to serve in lieu of an emission standard for certification purposes 
and for the averaging, banking, and trading program, as defined in title 13, California Code of Regulations, section 2423 or 40 CFR Parts 89.112(d), or 1039.101, as they existed on April 27, 2010. 
(35) “Ferry” means a harbor craft having provisions only for deck passengers or vehicles, operating on a short run, on a frequent schedule between two points 
over the most direct water route, and offering a public service of a type 
normally attributed to a brid ge or tunnel . On and after January 1, 2023, 
“Ferry” means a harbor craft having provisions only for deck passengers or 
vehicles, operating between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel. 
“Ferry” also includes vessels operated by a public or private compan y to 
transport passengers commercially, on a regularly  scheduled or on -demand 
basis , which is not for pleasure. Examples of Fferry vessels include , but are not 
limite d to, water taxis and any vessel subject to Vessel Common Carrier 
requirements as set forth by the California Public Utilities Commission. 
(36) “Fishing Vessel” means a self -propelled vessel that is either: 
(A) a commercial vessel dedicated to the search for, and collection of, fish for 
the purpose of sale at market or directly to a purchaser(s) ,; or 
(B) a charter vessel used for hire by the general public and dedicated to the 
search for and collection of, fish for the purpose of general consumption. 
On and after January 1, 2023, subsection (B) above is no longer in effect. For 
the purpose of this section, “fishing vessel” and “commercial fi shing vessel ” are 
used interchangeably, and are separate from “commercial passenger fishing vessels.” 
(37) “Fleet” means the total number of harbor craft owned, rented, or leased by an owner or operator in an air district or distinct locale within Regul ated California 
Waters ; or, the statewide population of a specific vessel type. On and after 
Page 17 of 124 January 1, 2023, “fleet” also includes chartered harbor craft and extends to 
harbor craft in an air basin. 
“Force Majeure” means a sudden and unforeseeable event involving a clear 
danger, demanding action to prevent or mitigate the loss of, or damage to, life, 
health, property, or essential public services, arising from causes beyond the control of the vessel o r facility owner/operator, which delays or prevents the 
performance of any obligation under this section , despite best efforts to fulfill 
the obligation. This includes events where the local government, State of 
California, or federal government issues a declaration of emergency, which can 
include war, wildfires, floods, hurricanes, tornadoes, earthquakes, volcanic eruptions, and pandemics. This does not include negligent acts or the 
owner/operator’s financial inability to perform which is unrelated to a force 
majeure event. 
(38) “Fuel Additive” means any substance designed to be added to fuel or fuel 
systems or other engine- related engine systems such that it is present in-
cylinder during combustion. 
“Greenhouse Gas (GHG)” or “Greenhouse Gases (GHGs)” includes all of the 
following gases: Carbon Dioxide (CO
2), Methane (CH 4), Nitrous Oxide (N 2O), 
Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), Sulfur Hexafluoride (SF 6), 
and Nitrogen Trifluoride (NF 3). 
“Grid-Neutral” is as defined in 17 CCR 93130.2 (b)(38). means emitting no more 
GHG emissions than if equipment were powered by the California grid as 
represented in the most recent eGRID Summary Table for State Output Emission Rates as the California carbon dioxide equivalent ( CO2e ) emissions 
rate. 
(39) “Harbor Craft” (also called “Commercial Harbor Craft”) means any private, 
commercial, government, or military marine vessel including , but not limited 
to, passenger ferries, excursion vessels, tugboats, ocean- going tugboats, 
towboats, push boats , crew and supply vessels, work boats, pilot vessels, supply 
boats, fishing vessels, research vessels, barge and dredge vessels, commercial 
passenger fishing vessels, oil spill response vessels,  U.S. Coast Guard vessels, 
hovercraft, emergency response harbor craft, and barge vessels that do not 
otherwise meet the definition of ocean- going vessels or recreational vessels. 
“Homebase” means the facility located in Regulated California Waters where a 
vessel is anchored, docked, or moored the major ity of the time within a 
calendar year. 
Page 18 of 124 (40) “Homeport” means the port in which a vessel is registered or permanently 
based . 
“Hydrocarbon (HC)” means the hydrocarbon group on which the emission 
standards are based for  each fuel type , as described in 40 Code of Federal 
Regulations (CFR) §1042.101(d) and §1042.104(a) , which are incorporated by 
reference herein . 
“Hydrogen Fueling Infrastructure” means the necessary infrastructure required 
to safely transfer compressed or liquid hydrogen directly from a truck or on -site 
storage facility to a commercial harbor craft. 
“Idling” means operating main propulsion or auxiliary engines when the net 
torque generated by the engine is at the operational minimum for the 
configuration of an engine connected to propulsion or other auxiliary vessel 
system s. Idling typically occurs when the vessel is at dock. 
“International Maritime Organization (IMO) Number ” means an identification 
number made up of the three letters "IMO" followed by a unique seven- digit 
number assigned to all ships by IHS Markit (formerly known as Lloyd's Register -
Fairplay) when constructed. 
(41) “In-Use Harbor Craft” means a harbor craft that is not a new harbor craft. 
(42) “In-Use Marine Engine” means a marine engine that is not a new marine 
engine . 
(43) “Lease” means a contract by which the owner (lessor) of a property, such as a vessel or engine, grants the right to use or occupy the property to another 
person (lessee) for a specified term and for a specified rent. 
(44) “Level” means, unless the context requires otherwise, one of three categories 
of CARB-verified diesel emission control strategies as set forth in title 13, CCR, 
section 2700 et seq.: Level 1 means the strategy reduces engine diesel PM emissions by between 25 and 49 percent; Level 2 means the strategy reduces 
engine diesel PM emissions by between 50 and 84 percent; and Level 3 means 
the strategy reduces engine diesel PM emissions by 85 percent or greater, or 
reduces engine diesel PM emissions to less than or equal to 0.01 grams per brake horsepower -hour (g/bhp- hr). 
Page 19 of 124 “Line Towing” means towing another ocean- going vessel, barge, or harbor craft 
with a trailing tow line as opposed to hauling alongside. 
(45) “Low-Use” means the operation of any compression- ignition engine associated 
with a harbor craft vessel for less than the total annual hours of operation in 
Regulated California Waters, based on the immediately preceding calendar 
year, that the E.O. deems itthe engine is subject to the in -use requirements in 
subsection (e) . Prior to January 1, 2023, low-use hour limit is 80 hours for barge 
and dredge vessels, and 300 hours for the regulated in- use vessels except 
barge and dredge vessels; On and after January 1, 2023, low-use hour limit is 
set forth in subsection (e)(14) Table 22. 
(46) “Military Tactical Support” means a vessel that meets military specifications, is owned by the U.S. Department of Defense, the U.S. Coast Guard, the U.S. Military services or its allies, and is used in combat, combat support, combat services sup port, tactical or relief operations or training for such operations. 
This category does not include contractors working for the military. 
(47) “Model Year” means the diesel engine manufacturer’s annual production period, which includes January 1st of a c alendar year, or if the manufacturer has 
no annual production period, the calendar year. 
“Moor” means any permanent structure to which a vessel may be secured or 
the act of securing to a permanent structure or facility. 
(48) “New Harbor Craft” means a harbor craft for which both of the following 
criteria are true: 
(A) it is built, or its keel is laid, on or after January 1, 2009 , and 
(B) the equitable or legal title to the harbor craft has never been transferred 
to an ultimate purchaser. 
Where the equitable or legal title to the harbor craft is not transferred to an ultimate purchaser prior to the harbor craft being placed into service, the harbor craft ceases to be new when it is placed into service.  A harbor craft is placed into service when it is used for its functional purposes. 
(49) “New Marine Engine” means a marine engine for which both of the following 
criteria are true: 
(A) it is manufactured or imported on or after January 1, 2009,  and 
Page 20 of 124 (B) the equitable or legal title to the engine has never been transferred to an 
ultimate purchaser. 
Where the equitable or legal title to the engine is not transferred to an ultimate 
purchaser prior to the engine being placed into service, the engine ceases to be 
new when it is placed into service.  An engine is placed into service when it is used for its functional purposes. 
“Newly Acquired Harbor Craft” means a harbor craft that a person did not own 
or operate as of January 1, 2023. 
(50) “Nitrogen Oxides or Oxides of Nitrogen (NO
x)” means compounds of nitric 
oxide (NO), nitrogen dioxide (NO 2), and other oxides of nitrogen, which are 
typically created during combustion processes and are major contributors to 
smog formation and acid deposition. 
(51) “Non -Methane Hydrocarbons (NMHC)” means the sum of all hydrocarbon (HC) 
air pollutants except methane. 
(52) “Ocean -going Vessel” means a self-propelled commercial, government, or 
military vessel meeting any one of t he following criteria: 
(A) a vessel greater than or equal to 400 feet in length overall (LOA) as defined in 50 CFR § 679.2, as adopted June 19, 1996; 
(B) a vessel greater than or equal to 10,000 gross tons (GT ITC) per the convention measurement (international system) as defined in 46 CFR 
69.51- .61, as adopted September 12, 1989; or 
(C) a vessel propelled by a marine compression -ignition engine with a 
per-cylinder  displacement of greater than or equal to 30 liters. 
“Ocean -going T ugboa ts and Towboats” shall mean tugboats and towboats 
with a “registry” (foreign trade) endorsement on their United States (U.S.) Coast Guard certificates of documentation, or tugboats and towboats that are registered under the flag of a country other than U.S . 
“Oil Spill Response Vessel” is a type of workboat that is dedicated to providing 
oil or fuel spill response cleanup. For the purpose of this section, oil spill 
response vessels are not dedicated emergency use vessels. 
“Opacity” means the fraction of a beam of light, expressed in percent, which 
fails to penetrate a plume of smoke as measured over a 5 -inch path length in 
accordance with SAE J1667 , which is incorporated by reference herein. 
Page 21 of 124 (53) “Operate” means steering or otherwise running the vessel or its functions while 
the vessel is working, underway, moored, anchored, or at dock. 
“Operator” means a person who operates a vessel under a contract agreement. 
(54) “Own” means having all the incidents of ownership, including the legal title, 
whether or not that person lends, rents, or pledges the vessel; having or being 
entitled to the possession of a vessel as the purchaser under a conditional sale contract; or being the mortgagor of a vessel. 
(55) “Particulate Matter (PM)” means any airborne finely divided material, except 
uncombined water, which exists as a liquid or solid at standard conditions (e.g., dust, smoke, mist fumes, or smog). 
“Performance Standards” means PM and NOx emission standards defined by 
CARB, set forth in Table 11, Table 12 and Table 13 in subsection 93118.5(e)(9) , 
that must be met to comply with the in -use requirements of the C HC 
regulation . 
(56) “Permanently affixed to a harbor craft” means the engine, its fueling system, or its exhaust system is welded or otherwise physically connected to the vessel or other vessel system in such a way that the engine cannot be easily removed for use in a land -based application without modifications. 
(57) “Person” includes all of the following: 
(A) any person, firm, association, organization, partnership, business trust, 
corporation, limited liability company, or company; 
(B) any state or local governmental agency or public district, or any officer or 
employee thereof; and 
(C) the United States or its agencies, to the extent permitted by federal law. 
“Petrochemical Tank Barge” means a non- self-propelled double -hull tank barge 
constructed to transport petrochemicals , fuels, or other combustible or noxious 
liquid substances and designed to either be pushed by a designated tug 
utilizing a proprietary retractable pin connection system forming a temporary 
articulated tug barge combination or towed on a wire by tugboat .  
“Physical C onstraint” means an unavoidable barrier at a terminal to provide  a 
service due to the layout of a terminal or waterway where a state or federal 
Page 22 of 124 public agency with jurisdiction over the resources effected by this section has 
made a safety determination that prevents the use of shore power . 
(58) “Pilot Vessel” means a vessel designed for and utilized for , but no t limited to, 
the transfer and transport of maritime pilots to and from ocean -going vessels 
while such vessels are underway , at anchor, or at dock . 
(59) “Port” means any facility used for water- borne  comm erce. “Port” includes, 
but is not limited to, facilities also known as “marine terminals” and 
“roadsteads.” 
(60) “Portable CI Engine” means a compression- ignition (CI) engine designed and 
capable of being carried or moved from one location to another.  Indicators of 
portability include , but are not limited to, wheels, skids, carrying handles, 
dolly, trailer, or platform. Portable engines are not self -propelled. 
(61) “Portable Equipment Registration Program (PERP)” means the statew ide 
program designed to promote the use of clean portable engines and 
equipment units in California, as provided for in title 13, CCR, sections 2450 
through 2465.  Once registered in the program, portable engines and 
equipment units can operate throughout the State without being required to obtain individual permits from each air pollution control or air quality 
management district in which they operate. 
(62) “Pre-Tier 1 Engine” means an engine that was built before the effective date of 
U.S. EPA’s Tier 1 marine engine emission standards (Tier 1 marine standards), as 
set forth in 40 CFR 94, or U.S. EPA’s Tier 1 emission standards for nonroad compression ignition engines, as set forth in 40 CFR 89. 
(63) “Propulsion Engine” means an engine that p rovides power to move a vessel 
through the water or directs the movement of a vessel. For purposes of this 
section, “Propulsion engine” is interchangeable with “Main” engine. 
(64) “Purchase Date” means the date shown on the front of the cashed check; the date of the financial transaction; or the date on the engine or harbor craft 
purchase, rental, or lease agreement, whichever is earliest. 
(65) “Push Boat” means any self -propelled vessel engaged in or intending to 
engage in the service of pulling, pushing, or hauling along side barges or other 
vessels, or any combination of pulling, pushing, or hauling along side barges or 
other vessels. “Push boats” is interchangeable with “ towboats.” 
Page 23 of 124 “Rebuild” means an overhaul to an engine using both new andor re-
conditioned parts while following repair procedures that have been approved 
by the manufacturer. When engine repairs require replacement of the engine 
block, the engine is considered to be repowered, not rebuilt. 
(66) “Recreational Vessel” means a vessel that is intended by the vessel manufacturer to be operated primarily for pleasure or leased, rented, or chartered to another for the latter’s pleasure, excluding the following vessels: (1) vessels of less than 100 gross tons that carry more than 6 passengers, (2) 
vessels of 100 gross tons or more that carry one or more passengers, and (3) vessels used solely for competition. On and after January 1, 2023, 
“Recreational Vessel” means a vessel that is used solely for personal use, 
which additionally excludes diesel -powered vessels that are operated as a 
charter or hired to carry any number of passengers. 
(67) “Registered Historic Vessel” means a vessel listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. §470). 
“Regularly Scheduled” means any vessel activity planned to occur repeatedly 
on an on -going basis with constant or defined time intervals . 
(68) “Regulated California Waters” , or “RCW”, means all of the following: 
(A) all California internal waters; 
(B) all California estuarine waters; 
(C) all California ports, roadsteads, and terminal facilities (collectively “ports”); 
(D) all waters within 3 nautical miles of the California baseline, starting at the California- Oregon border and endin g at the California -Mexico border at 
the Pacific Ocean, inclusive; 
(E) all waters within 12 nautical miles of the California baseline, starting at the California- Oregon border and ending at the California -Mexico border at 
the Pacific Ocean, inclusive; 
(F) all wate rs within 24 nautical miles of the California baseline, starting at the 
California- Oregon border to 34.4 34degrees North, 121.1 20degrees 
West; inclusive; and 
(G) all waters within the area, not including any islands, between the California baseline and a lin e starting at 34.4 34degrees North, 121.12 0degrees 
West; thence to 33.50 degrees North, 118.58 degrees West; thence to 32.6533.38 degrees North, 117.81 118.62 degrees West; thence to 32.65 
degree s North , 117.73 degrees West; and ending at the California-Mexico 
border at the Pacific Ocean, inclusive. 
Page 24 of 124 (69) “Regulated In -Use Vessel” means a vessel that operates as one of the vessel 
categories subject to in -use engine standards in subsection (e)(6) . On and after 
January 1, 2023, this applies to vessel s subject to performance standards 
requirements in subsection (e) (12). 
“Renewable Diesel ”, “R100” , or “R99” means a diesel fuel substitute produced 
from non -petroleum renewable sources, including vegetable oils and animal 
fats.  Renewable diesel must meet s the federal registration requirements for 
fuels and fuel additives and American Society for Testing Materials ( ASTM ) 
specification D975 (May 1982) , which are incorporated by reference herein. 
“Renewable Diesel” can mean either a blend of 99 percent “R99”, or 100 
percent “R100” renewable diesel by volume. 
(70) “Rent” means payment for the use of harbor craft or diesel engine for a 
specified term. 
“Repower” means replacing an existing used engine with a nother brand new or 
reconditioned engine that meets meeting current required emission standards 
in effect at the time of replacement repower ., Repower includ esing but not 
limited to major engine repairs on a damaged engine requiring a different new 
engine block. 
“Research Vessel” means all vessels subject to requirements of 46 CFR 
Subchapter U, which are incorporated by re ference herein, plus any others that 
have highly advanced mobile research stations, and vessels that provide 
dedicated platforms from which explorers can deploy equipment, divers, or 
submersibles. 
(71) “Retirement” means the act of taking an engine or harb or craft out of service 
(i.e., to “retire”) so that it subsequently never again operates in any of the 
Regulated California Waters.  “Retirement” does not include an engine or 
harbor craft that is sold for use outside California then subsequently operated in any of the Regulated California Waters. 
“Retrofit” means to install new or modified parts or equipment in or on to a 
vessel or engine. 
(72) “SCAQMD” means the South Coast Air Quality Management District, as 
defined in Health and Safety Code section 40410 et seq. a nd described in 
section 60104, title 17, California Code of Regulations, and shall include all 
waters subject to the jurisdiction of the SCAQMD. 
Page 25 of 124 “Selective Catalytic Reduction (SCR)” means emission control system that 
reduces NOx emissions through the catalytic reduction of NOx in diesel exhaust 
by injecting nitrogen -containing compounds into the exhaust stream, such as 
ammonia or urea . 
“Shift or Crew Change” means replacing one or more of the vessel’s crew 
member(s) with another crew member(s). 
“Ship -Assist Tugboat” means a harbor tug having a primary vocation of 
assisting ATBs and ocean- going vessels while docking and undocking.  
“Shore Power ” (also called “ Harbor Craft Shore Power” ) refers to electrical 
power provided by either the electric utility or distributed generation to a 
vessel at dock that can be used to provide house load or any other o nboard 
auxiliary power normally provided by onboard diesel generators. 
“Short -Run Ferry” means a vessel dedicated to provide regularly scheduled 
round -trip ferry service betw een two points whose straight line distance is that 
are less than 3 nautical miles apart.  Vessels that make multiple stops to load or 
unload passengers in a single round -trip, where half or more of the single trip 
lengths are less than 3 nautical miles, and the longest single trip length is less 
than 6 nautical miles, are considered short -run ferries.  Vessels that provide 
ferry round -trip service between two points that are less than 3 nautical miles 
apart, but account for less than 20 percent of the service trips from one fleet or 
operator between those two points during a given calendar year, are not 
considered short -run ferries. 
“Slip” means the same as berth. 
(73) “Supply Vessel” means a self -propelled vessel used for carrying  crew and 
supplies to and from off -shore and in- harbor locations including , but not 
limited to, off-shore work platforms, construction sites, islands, and other 
vessels. 
(74) “Swing Engine” means an engine maintained at a dockside location for use in a vessel or fleet of vessels which can be installed as a replacement for an engine that has been removed from a vessel for repair or routine maintenance.  The removed engine may th en become the swing engine once repair or 
maintenance has been completed. 
Page 26 of 124 (75) “Take Out of Service” means the act of dry- docking, mooring, anchoring, or 
otherwise tying up a harbor craft at dock to conduct maintenance, repairs, 
replacements, or upgrade s such that the vessel cannot be operated in 
Regulated California Waters while such acts are conducted on the vessel. 
(76) “Tank Barge” means a non- self-propelled vessel constructed or adapted 
primarily to carry, or that carries, oil , petrochemicals , sewa ge, or other noxious 
liquid substances hazardous mat erial in bulk as cargo or cargo residue. Tank 
barges also include both petrochemical tank barges and barges carrying 
gaseous or liquid fuels, such as those performing fuel bunkering services. 
(77) “Tank Vessel” or “Tanker” means a self -propelled vessel constructed or 
adapted primarily to carry, or that carries, oil or hazardous material in bulk as 
cargo or cargo residue. 
(78) “Temporary Eemergency Rrescue/ Rrecovery Vvessel” means a self -propelled 
vessel that performs duties including , but not limited to, policing harbor areas, 
firefighting, rescue operations, oil spill prevention, and on- water oil removal 
whose homeport that is not within California and is brought into California for 
the immediate u se of emergency rescue or recovery and leavesreturns to its 
homeport outside of California at the conclusion of its emergency 
rescue/recovery mission. 
(79) “Temporary Rreplacement Vvessel”  means a self -propelled vessel that is 
brought into service to temporarily replace a California vessel that has been temporarily taken out of service .  Prior to January 1, 2023, For purposes of this 
section, “temporary replacement vessel” includes only the following: 
(A) vessels that are used in the SCAQMD but have a homeport in California 
outside of the SCAQMD; and 
(B) vessels that are used anywhere in California, including the SCAQMD, but have a homeport outside of California. 
(80) “Tier 1 Marine Engine Emission Standards (Tier 1 marine standards)” means the U.S. EPA marine engine Tier 1 emission standards, as promulgated by U.S. EPA 
and set forth in “Control of Emissions of Air Pollution from New Marine Compression -Ignition Engines at or Above 37 kW” (64 Federal Register (FR) 
73299- 73373, December 29, 1999)(40 CFR Part 94), both of which are 
incorporated herein by reference.  The standards from 40 CFR Part 94 are summarized in Table 1.  In the event of a conflict between a Tier 1 marine standard in this section and its corresponding standard in 40 CFR Part 94, the standard in 40 CFR Part 94 controls. 
Page 27 of 124 Table 1:  U.S. EPA Tier 1 Marine Engine Emission Standards 
Category Power (kilowatt 
(kW)) & 
Displacement 
(liters/cylinder 
(l/cyl)) Engine Speed 
(Revolutions per 
minute (rpm)) Tier 1 
Model 
Year PM    
(g/bhp -hr) NO x 
(g/bhp -hr)* CO     
(g/bhp -hr) 
1, 2, 3, 
including 
Recreational ≥ 37 kW & ≥ 2.5 
l/cyl rpm ≥ 2000 2004 - 7.3 -
1, 2, 3, 
including 
Recreational ≥ 37 kW & ≥ 2.5 
l/cyl 130 ≤ rpm <2000 2004 - 33.57 x rpm -0.2 -
1, 2, 3, 
including 
Recreational ≥ 37 kW & ≥ 2.5 
l/cyl rpm <130 2004 - 12.7 -
(40 CFR Part 94) 
*converted emission standards from 40 CFR 94, which are expressed in grams per kilowatt –hour 
(g/kW -hr) to g/hp -hr by the following:  g/kW -hr * (0.746) = g/hp -hr. 
(81) “Tier 2 Marine Engine Emission Standards (Tier 2 marine standards)” means the 
U.S. EPA marine engine Tier 2 emission standards, as promulgated by U.S. EPA 
and set forth in “Control of Emissions of Ai r Pollution from New Marine 
Compression -Ignition Engines at or Above 37 kW” (64 FR 73299- 73373, 
December 29, 1999)(40 CFR Part 94), both of which are incorporated herein by reference.  In the event of a conflict between a Tier 2 marine standard in this section and its corresponding standard in 40 CFR Part 94, the standard in 40 
CFR Part 94 controls. 
Page 28 of 124 Table 2:  U.S. EPA Tier 2 Marine Engine Emission Standards for 
NO x + HC, PM, and CO 
Category Displacement (Disp.) 
(liters/cylinder) Date NO x+HC 
(g/bhp -hr)* PM 
(g/bhp -hr)* CO 
(g/bhp -hr)* 
1 Disp.< 0.9 and power ≥50 hp* 2005 5.6 0.30 3.7 
1 0.9 ≤ Disp. < 1.2 2004 5.4 0.22 3.7 
1 1.2 ≤ Disp. < 2.5 2004 5.4 0.15 3.7 
1 2.5 ≤ Disp. < 5.0 2007 5.4 0.15 3.7 
2 5.0 ≤ Disp. < 15 2007 5.8 0.20 3.7 
2 15 ≤ Disp. < 20 
(power < 4424 hp*) 2007 6.5 0.37 3.7 
2 15 ≤ Disp. < 20 
(power ≥ 4424 hp*) 2007 7.3 0.37 3.7 
2 20 ≤ Disp. < 25 2007 7.3 0.37 3.7 
2 25 ≤ Disp. < 30 2007 8.2 0.37 3.7 
(40 CFR Part 94) 
*converted emission standards and maximum power rating from 40 CFR 94, which are 
expressed in g/kW -hr and kW to g/hp -hr and hp, respectively, by the following: g/kW -hr (0.746) 
= g/hp -hr or kW (1.34) = hp . 
(82) “Tier 3 Marine Engine Emission Standards (Tier 3 marine standards)” means the 
U.S. EPA marine engine Tier 3 emission standards, as promulgated by U.S. EPA 
and set forth in “Final Rule: Control of Emissions of Air Pollution from Locomotive and Marine Compression -Ignition Engines Less Than 30 Liters Per 
Cylinder ” (73 FR 25245 et seq., May 6, 2008) (40 CFR Part 1042), both of which 
are incorporated herein by reference.  The standards from 40 CFR Part 1042 are 
summarized in Table 3, Table 4, and Table 5.  In the event of a conflict between a Tier 3 marine standard in this section and its corresponding standard in 40 
CFR Part 1042, the standard in 40 CFR Part 1042 controls.  [Note: No Tier 3 marine standards apply for commercial Category 1 engines at or above 3700 kW.  See “Tier 4 Marine Engine Emission Standards” fo r the standards that 
apply to these engines.] 
Page 29 of 124 Table 3: U.S. EPA Tier 3 Marine Standards for Marine Diesel 
Category 1 Commercial Standard Power Density Engines below 3700 kW 
Rated kW L/Cylinder PM 
g/bhp- hre NO x + HCd 
g/bhp- hre Model Year 
19 to < 75 kW <0.9a 0.22 5.6 2009 
19 to < 75 kW <0.9a 0.22b 3.5b 2014 
75 to <3700 kW <0.9 0.10 4.0 2012 
75 to <3700 kW 0.9 -<1.2 0.09 4.0 2013 
75 to <3700 kW 1.2 -<2.5 0.08c 4.2 2014 
75 to <3700 kW 2.5 -<3.5 0.08c 4.2 2013 
75 to <3700 kW 3.5 -<7.0 0.08c 4.3 2012 
(a) <75 kW engines at or above 0.9 L/cylinder are subject to the corresponding 
75-3700 kW standards. 
(b) Option:  0.15 g/bhp -hr PM / 4.3 g/bhp- hr NO x+HC in 2014. 
(c) This standard level drops to 0.07 g/bhp -hr in 2018 for <600 kW engines. 
(d) Tier 3 NO x+HC standards do not apply to 2000 -3700 kW engines. 
(e) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW -hr to 
g/hp- hr by the following: g/kW -hr (0.746) = g/hp -hr. 
Table 4: U.S. EPA Tier 3 Marine Standards for Marine Diesel 
Category 1 Recreational and Commercial High Power Density 
Engines below 3700 kW 
Rated kW L/Cylinder PM 
g/bhp- hrc NO x + HC 
g/bhp- hrc Model Year 
19 to <75 kW <0.9a 0.22 5.6 2009 
19 to <75 kW <0.9a 0.22b 3.5b 2014 
75 to <3700 
kW  <0.9 0.11 4.3 2012 
75 to <3700 
kW  0.9 -<1.2 0.10 4.3 2013 
75 to <3700 
kW  1.2 -<2.5 0.09 4.3 2014 
75 to <3700 
kW  2.5 -<3.5 0.09 4.3 2013 
75 to <3700 
kW  3.5 -<7.0 0.08 4.3 2012 
(a) <75 kW engines at or above 0.9 L/cylinder are subject to the corresponding 75-3700 kW standards. 
(b) Option:  0.15 g/bhp -hr PM / 4.3 g/bhp- hr NO
x+HC in 2014. 
(c) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW -hr to 
g/bhp -hr by the following:  g/kW -hr (0.746) = g/bhp -hr. 
Page 30 of 124 Table 5:  U.S. EPA Tier 3 Marine Standards for 
Marine Diesel Category 2 Engines below 3700 kWa,b 
L/Cylinder Rated kW PM 
g/bhp- hrc NO x+HC 
g/bhp- hrc Model 
Year 
7 -<15 <2000 0.10 4.6 2013 
7 -<15 ≥2000 0.10 5.8 2013 
15 -<20a <2000 0.25 5.2 2014 
20 -<25a <2000 0.20 7.3 2014 
25 -<30a <2000 0.20 8.2 2014 
(a) No Tier 3 marine standards apply for Category 2 engines with per -cylinder displacement 
above 15.0 liters if maximum engine power is at or above 2000 kW.  See “Tier 4 Marine 
Engine Emission Standards” for the standards that apply for these engines. 
(b) For Category 2 engines at or above 1400 kW, optional Tier 3 and Tier 4 standards are 
available with some manufacturer restrictions, PM / NO x+HC at 0.10 / 5.8 g/bhp -hr in 2012, 
with Tier 4 standards in 2015. 
(c) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW -hr to 
g/bhp -hr by the following:  g/kW -hr * (0.746) = g/bhp -hr. 
(83) “Tier 4 Marine Engine Emission Standards (Tier 4 marine standards)” means the 
U.S. EPA marine engine Tier 4 emission standards, as promulgated by U .S. EPA 
and set forth in “Final Rule: Control of Emissions of Air Pollution from Locomotive and Marine Compression -Ignition Engines Less Than 30 Liters Per 
Cylinder” (73 FR 25245 et seq., May 6, 2008) (40 CFR Part 1042), both of which 
are incorporated here in by reference.  Table 6 summarizes the Tier 4 
marine standards from 40 CFR Part 1042.  In the event of a conflict between a 
Tier 4 marine standard in this section and its corresponding standard in 40 CFR 
Part 1042, the marine standard in 40 CFR Part 1042 controls. 
Table 6:  U.S. EPA Tier 4 Marine Standards for Marine Diesel 
Category 1 and Category 2 Engines above 600 kW 
Rated kW L/Cylinder PM 
g/bhp- hra NO x 
g/bhp- hra HC 
g/bhp- hra Model 
Year 
At or above 3700 
kW <15.0 0.09 1.3 0.14 2014b 
At or above 3700 
kW 15.0 to 
<30.0 0.19 1.3 0.14 2014b 
At or above 3700 
kW all 0.04 1.3 0.14 2016b 
2000 to <3700 kW all 0.03d 1.3 0.14 2016b,c,d 
Page 31 of 124 1400 to <2000 kW all 0.03 1.3 0.14 2016b,c 
600 to <1400 kW all 0.03 1.3 0.14 2017 
(a) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW -hr to 
g/bhp -hr by the following:  g/KW -hr (0.746) = g/bhp -hr. 
(b) Optional compliance start dates may be used within these model years; see 40 CFR part 
1042. 
(c) For Category 2 engines at or above 1400 kW, optional Tier 3 and Tier 4 marine standards 
are available with some manufacturer restrictions, PM / NO x+HC at 0.10 / 5.8 g/bhp -hr in 
2012, with Tier 4 marine standards in 2015. 
(d) The Tier 3 PM standards continue to apply for Category 1 and Category 2 engines with per-cylinder  displacements below 15.0 liters in model years 2014 and 2015 only.  For 
Category 2 engines with per -cylinder displacement at or above 15.0 liters, the PM standard 
is 0.25 g/bhp -hr for engines at or above 2000 kW and below 3300 kW, and 0.20 g/bhp -hr 
for engines at or above 3300 kW and below 3700 kW, in model years 2014 and 2015 only. 
(84) “Tier 1 Off -Road or Nonroad Emission Standards (Tier 1 off -road standards)” 
means an engine subject to the Tier 1 new engine emission standards in Title 
13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a) as they existed 
on April 27, 2010, both of which are incorporated herein by reference.  This also includes engines certified under the averaging, banking, a nd trading program 
with respect to the Tier 1 Family Emission Limits (FEL) listed in Title 13, CCR, 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as they existed on April 27, 2010, 
both of which are incorporated herein by reference. 
(85) “Tier 2 Off -Road or Nonroad Emission Standards (Tier 2 off -road standards)” 
means an engine subject to the Tier 2 new engine emission standards in Title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a) as they existed on April 27, 2010, both of which are incorporated herein by reference.  This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 2 FEL listed in Title 13, CCR, 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as they existed on April 27, 20 10, both of which are 
incorporated herein by reference. 
(86) “Tier 3 Off -Road or Nonroad Emission Standards (Tier 3 off -road standards)” 
means an engine subject to the Tier 3 new engine emission standards in title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a), as they existed on 
April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 3 FEL listed in Title 13, CCR, 2423(b)(2)(A) or Title 40, 
CFR, Part 89.112(d), as they existed on April 27, 2010, both of which are 
incorporated herein by reference. 
Page 32 of 124 (87) “Final Tier 4 Final Off-Road  or Nonroad Emission Standards” means an engine 
subject to the fi nal after -treatment- based Tier 4 emission standards in Title 13, 
CCR, Section 2423(b)(1)(B) or Title 40, CFR, Part 1039.101, as they existed on 
April 27, 2010, both of which are incorporated herein by reference.  This also 
includes engines certified under the averaging, banking, and trading program 
with respect to the Tier 4 FEL listed in Title 13, CCR, 2423(b)(2)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference. 
(88) “Interim Tier 4 Interim Off-Road  or Nonroad Emission Standards” means an 
engine subject to the interim Tier 4 emission standards (also known as transitional) in Title 13, CCR, Section 2423(b)(1)(B) or Title 40, CFR, Part 
1039.101, as they existed on April 27, 2010, both o f which are incorporated 
herein by reference.  This also includes engines certified under the averaging, 
banking, and trading program with respect to the Tier 4 FEL listed in Title 13, CCR, 2423(b)(2)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference. 
(89) “Total Hydrocarbons (THC)” or “Hydrocarbons (HC)” means the total mass 
of open chain and cyclic hydrocarbon molecules. 
(90) “Towboat” means any self -propelled vessel eng aged in or intending to engage 
in the service of pulling, pushing, or hauling along side barges or other vessels, or any combination of pulling, pushing, or hauling along side barges or other vessels. 
(91) “Tugboat” means any self -propelled vessel engaged in, or intending to engage 
in, the service of pulling, pushing, maneuvering, berthing, or hauling along side 
other vessels, or any combination of pulling, pushing, maneuvering, berthing or 
hauling along side such vessels in harbors, over the open seas, or through rivers 
and canals.  Tugboats generally can be divided into three groups: harbor or 
short -haul tugboats, ocean- going or long -haul tugboats, and barge tugboats. 
“Tugboat” is interchangeable with “towboat” and “push boat” when the vessel 
is used in conjunction with barges.   On and after January 1, 2023, “tugboats” 
also include three types of vessels: ship-assist and escort tugboats ; ocean -going 
ATB and line towing tugboats ; and, near-shore pushing and towing tugboats. 
“U.S. Coast Guard Documentation Number (USCG Number )” is a national form 
of registration. Documentation provides conclusive evidence of nationality for international purposes, provides for unhindered commerce between the states, and admits vessels to certain restricted trades, such as coastwise trade and the fisheries. 
Page 33 of 124 (92) “Verification Procedure, Warranty and In -Use Compliance Requirements for 
In-Use Strategies to Control Emissions from Diesel Engines (Verification 
Procedure)” means the C ARB regulatory procedure codif ied in title 13, CCR, 
commencing with section 2700, which is incorporated herein by reference, that 
engine manufacturers, sellers, owners, or operators may use to verify the 
reductions of diesel PM or NO x from in -use diesel engines through the use of a 
particular diesel emission control strategy. 
(93) “Verified Diesel Emission Control Strategy (VDECS)” means an emission control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the “Verification Procedure for In -Use Strategies to 
Control Emissions from Diesel Engines” in title 13, CCR, commencing with 
section 2700.  VDECS can be verified to achieve Level 1 diesel PM reductions (25-49 percent), Level 2 diesel PM reductions (50- 84 percent), or Level 3 di esel 
PM reductions (85 percent or greater).  VDECS may also be verified to achieve NO
x reductions. 
(94) “Vessel” or “Marine Vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or watercraft, except those used primarily for recreation. 
“Vessel Tenant” means a commercial harbor craft vessel which docks or moors 
for seven (7) or more days in a calendar month at a facility. 
“Water Taxi ” means a ferry including U.S. Coast Guard uninspected passenger 
vessel s carrying six or less passengers f or hire or U.S. Coast Guard inspected 
passenger vessel s that carry seven or more passengers for hire that transits 
paying passengers to any destination rather than operating over a fixed route 
and schedule. 
(95) ”Work Bboat” means a self-propelled  vessel that is used to perform duties such 
as fire/rescue, law enforcement, hydrographic surveys, spill/response, research, 
training, and construction (including drilling). On and after January 1, 2023, 
“Workboat” means a self -propelled ves sel that is used to perform any duty not 
specifically listed by another category of commercial harbor craft, including but 
not limited to duties such as hydrographic surveys, spill/response, school 
training, marketing (such as advertising) , and constructio n (including 
drilling).  Workboat can include vessels owned by public, private, and not -
for-profit  organizations . 
Page 34 of 124  
  
 
 “ZEAT” refers to Zero- Emission and Advanced Technology, which collectively 
includes zero -emission capable hybrid, and zero -emission vessel s. 
“Zero- Emission”  means a propulsion system, auxiliary power system, and/ or 
vessel utilizing a zero -emission propulsion and auxiliary power system that has 
no tailpipe exhaust emissions other than water vapor or diatomic nitrogen from 
the onboard source( s) of power. 
“Zero- Emission Capable Hybrid Vessel” means a commercial harbor craft 
utilizing a hybrid power system with two or more onboard power sources, one or more of which is approved by CARB ’s E.O. to be capable of providing a 
minimum of 30 percent of vessel power required for main propulsion and 
auxiliary power operation with zero tailpipe emissions when averaged over a 
calendar year. 
“Zero- Emission Infrastructure” means installed dockside infrastructure 
necessary to support operation of a ZEAT vessel. For example, charging 
equipment for propulsion system batteries , and on -dock hydrogen storage 
tanks , and fueling infrastructure. 
(e) Fuel Use and Engine Emission Requirements. 
[Note: The plain English narrative in this overview is intended as a convenient 
guide for the reader and in no way adds, deletes, modifies, or otherwise affects the legal requirements and substantive provisions specified in subsection (e) or any other part of this section.  Subsection (e) sets forth the various fuel and emission requirements for harbor craft subject to this regulation, and can be 
broken down as follows: 
• Subsection (e)(1) specifies low sulfur fuel use requirements that apply to 
all harbor craft, new and in -use. 
• Subsection (e)(2) specifies the requirement for installing hour -meters on 
all harbor craft, new and in -use. 
• Subsection (e)(3) establishes requi rements that apply to transactions 
involving new engines to be installed on in- use vessels, including a 
limited 6 -month “sell -through” provision for non- complying engines, and 
engine replacement in cases where a compliant engine meeting the required physic al or performance characteristics is not available. 
• Subsection (e)(4) sets forth requirements that apply to newly acquired new harbor craft, including ferries. 
• Subsection (e)(5) sets forth requirements that apply only to newly acquired new ferries, above and beyond those established in subsection 
Page 35 of 124  
 (e)(4).  These provisions include requirements for applying Best Available 
Control Technology (BACT) to new ferries and their engines. 
• Subsection (e)(6) is the key provision of this regulation, as it achieves emission reductions by requiring the eventual replacement or cleanup of 
engines in the fleet of in- use ferries, excursion vessels, tugboats, 
towboats, push boats, crew and supply vessels, and barge and dredge vessels.  This subsection requires that owners and operators eventually 
replace or otherwise bring into compliance with the specified engine 
standards all of their pre -Tier 1 and Tier 1- certified engines in their in- use 
vessels by the dates shown in the specified compliance schedules. The compliance da tes are designed to clean up the fleet’s oldest and dirtiest 
engines first, while giving more time for relatively newer, Tier 1 engines to be upgraded or replaced.  Vessels (ferries, excursion vessels, tugboats, and towboats) with their homeport in the SCAQMD have an 
accelerated compliance schedule to reflect that district’s greater need 
for expedited emission reductions.  The compliance schedules are grouped by vessel type, location of the vessel’s homeport, the engine’s model year, and the engine’s annual hours of operation. 
• Subsection (e)(6)(E) provides for a limited set of circumstances under which the E.O. may grant short extensions to the compliance dates if warranted.] 
(1) All Harbor Craft – Low Sulfur Fuel Use Requirement (Applicable Until December 
31, 2022) . 
Beginning January 1, 2009, a person subject to this section may only fuel a 
diesel engine on a harbor craft with one of the following: 
(A) CARB diesel fuel; or 
(B) an alternative diesel fuel as defined in subsection (d)(2); or 
(C) any alternative diesel fuel that does not meet subsection (e)(1)(B) above 
but is certified by CARB as meeting the requirements of the Verification Procedure; or 
(D) CARB diesel fuel used with fuel additives that meet the requirements of 
the Verification Procedure; or 
(E) any combination of subsection (e)(1)(A) through (D) above; or 
(F) if a harbor craft subject to this section is traveling from a port located 
outside of California, and that port does not have any fuels listed in 
subsections (e)(1)(A) through (E), that vessel’s diesel engines can be fueled with either: U.S. EPA on- road diesel fuel meeting the specifications 
contained in 40 CFR §§ 80.500 et seq., as they existed on April 27, 2010, 
or U.S. EPA nonroad diesel fuel meeting the specifications contained in 
Page 36 of 124 40 CFR 80.29 as it existed on April 27, 2010, and 69 FR 38958 (June 29, 
2004).  The vessel owner or operator must retain records documenting the 
fuel purchase, the location and the name of the non- California port, and its 
lack of availability of fuels listed in subsections (e)(1)(A) through (E) on 
board the vessel for a minimum of one year after the purchase of the fuel, and must make such records available upon the request of the Executive Officer. 
(2) All Harbor Craft – Installation and Use of Non- Resettabl e Hour Meters. 
Beginning January 1, 2009, a person subject to this section may not operate a harbor craft without an installed and properly operating, non -resettable hour 
meter, which accurately measures the number of hours an engine operates. 
The hour meter must be installed on each diesel engine on the vessel in a 
manner that allows reasonable personnel access to the hour meter without impediment . Beginning January 1, 2023, in the event the hour meter fails to 
operate properly or is replaced, a person subject to this sub section must also 
within 30 days, replace the hour meter and report to CARB the date the hour 
meter stopped working, the date it was replaced, and the current hour readings 
of both the original and replacement meter. Beginning January 1, 2023, if an 
hour meter fails to properly operate in accordance with manufacturer 
specifications , a person subject to this section must, within 30 days, replace the 
hour meter that is failing to operate properly and report to CARB the da te the 
hour meter stopped operating properly, the date the hour meter was replaced, 
and the hour readings of both the hour meter that fail ed to operate properly 
and the replacement hour meter as of the date of replacement. Beginning January 1, 2023, if an existing hour meter is replaced, a person subject to this section must, within 30 days, report to CARB the date the existing hour meter 
was replaced, and the hour readings of both the existing hour meter that was 
replaced and of the replacement hour meter as of the date of replacement. 
(3) All In -Use Harbor Craft – Requirements for Newly Acquired Engines (Applicable 
Until December 3 1, 202 2). 
During the time per iod b Beginning January 1, 2009 and ending December 31, 
2022, a person subject to this section may not sell, purchase, offer for sale, 
lease, rent, import, or otherwise acquire a new or in -use diesel engine for an in-
use harbor craft, which is intended to operate or actually operates in any of the Regulated Califor nia Waters, unless that engine on the date of acquisition: 
(A) is certified to meet the Tier 2 or Tier 3 marine standards in effect on that date for a new engine of the same power rating and displacement. The 
Page 37 of 124 newly acquired engine is not required to meet the Tier 4 marine standards 
unless it is replacing an engine on the in- use vessel that was certified as 
meeting Tier 4 marine standards.  Engines certified to meet the Tier 2, Tier 3, or interim Tier 4 off -road standards in effect on the date of 
acquisit ion for a new engine of the same power rating and displacement 
may only be acquired for use as an auxiliary or propulsion engine on harbor craft if the engine or vessel manufacturer has complied with 40 CFR § 1042.605 (Marinized land -based engines already certified to other 
standards for nonroad or heavy -duty highway engines for marine use), as it 
existed on April 27, 2010; or 
(B) is newly acquired within the allowable 6 month “sell -through” period, as 
set forth in this paragraph.  For purposes of this par agraph only, the 
allowable sell- through period runs through 6 months after the date the 
Tier 2, Tier 3, or Tier 4 marine standards or Tier 3, interim Tier 4, or final Tier 4 off -road standards have come into effect for a new engine of the 
same power rating and displacement as the engine being replaced on the 
in-use vessel.  Engines that are subsequently sold, supplied, offered for 
sale, or otherwise newly acquired after the 6 month sell -through period are 
subject to the requirements specified in paragraph (A) of this subsection, even if the engine was previously newly acquired within the 6 month sell -
through period; or 
(C) is replacing an engine that is non- functioning due to equipment failure, 
and the E.O. has determined, pursuant to the provisions of 40 C FR 
§ 1042.615 engine replacement exemption, as it existed on April 27, 2010 , 
that no engine certified to the current standards is produced by any manufacturer with the appropriate physical or performance characteristics to repower the vessel.  In such event, an alternate engine may be acquired for the replacement. Pursuant to 40 CFR § 1042.615, a separate 
determination, addressing each tier of emission standards that is more 
stringent than the emission standards for the engine being replaced must be made. For example, if the engine being replaced was built before the 
Tier 2 standards applied, and engines of that size are currently subject to Tier 3 standards, a person must consider whether any Tier 2 or Tier 3 engines have the appropriate physical and perf ormance characteristics for 
replacing the old engine. If a Tier 2 engine is determined to have the appropriate physical and performance characteristics, it may be selected 
as the replacement engine.  Documentation of these determinations must 
be supplied to the E.O. and the E.O.’s determination must be obtained before an engine replacement is made pursuant to this provision. 
Page 38 of 124 (4) All New Harbor Craft (Including All New Ferries) – Requirements for Newly 
Acquired Vessels (Applicable Until December 3 1, 202 2). 
During the time period b Beginning January 1, 2009 and ending December 31, 
2022, a person subject to this section may not sell, purchase, offer for sale, 
lease, rent, import, or otherwise acquire a new harbor craft fo r use in any of the 
Regulated California Waters unless each diesel propulsion and auxiliary engine 
on the vessel meets the applicable Tier 2, Tier 3, or Tier 4 marine standards in 
effect on the date of vessel acquisition.  Auxiliary or propulsion engines meeting the applicable Tier 2, Tier 3, interim Tier 4, or Final Tier 4 off -road 
standards in effect on the date of vessel acquisition may be sold, purchased, offered for sale, leased, rented, imported, or otherwise acquired for use if the engine or vessel manufacturer has complied with 40 CFR 1042.605 ( Marinized 
land- based engines already certified to other standards for nonroad or heavy -
duty highway engines for marine use) , as it existed on April 27, 2010. Diesel 
propulsion engines in new ferries with a ca pacity to transport more than 75 
passengers in Regulated California Waters must also meet the requirements 
specified in subsection (e)(5) below. 
(5) Selected New Ferries Only – Additional Requirements for All Newly Acquired 
Propulsion Engines (Applicable Until December 31, 2022) . 
(A) During the time period b Beginning January 1, 2009 and ending 
December 31, 2022 , any person who owns or operates a new ferry with 
the capacity to transport 75 or more passengers and that is used in any of 
the Regulated California Waters must demonstrate that each diesel propulsion engine that is certified to either the Tier 2 or Tier 3 marine 
standards will be operated in conjunction with the use of Best Available 
Control Technology (BACT) as determined and pre- appr oved by the E.O. 
pursuant to this provision. 
(B) For purposes of this section, “BACT” is the diesel emission control strategy (DECS), whether verified or unverified pursuant to 13 CCR section 2700 et seq., that is determined by the E.O. as meeting all of the following 
criteria: 
1. it provides or is expected to continuously provide the greatest 
reduction feasible of NO
x or diesel PM when used with the ferry’s 
propulsion diesel engine; 
2. the use of BACT does not result in an increase of 10 percent or more of any air pollutant, including NO
x and diesel PM, relative to the engine’s 
emissions of that air pollutant without the use of BACT; and 
Page 39 of 124 3. either the DECS manufacturer or an authorized dealer of the DECS 
determines or otherwise agrees with the E.O. that use of the DECS on or with the new ferry’s propulsion engine(s) would not invalidate or otherwise adversely affect the propulsion engine’s original warranty. 
For purposes of this section, DECS may include, but is not be limited to, exhaust treatment controls and the use of alternative fuels or fuel 
additives. 
(C)  The E.O. shall determine the appropriate level of BACT and specify such 
BACT in an Executive Order granting such approval.  Applications to comply with the requirements of paragraph (A)2 by using BACT must 
follow the application and review procedure set forth below: 
1. Application Process. 
For all new ferries for which the keel is laid on or after January 1, 2009, 
the application for BACT approval must be submitted in writing to the E.O. for evaluation before the keel is laid.  The BACT application must 
contain, at a minimum, the following information: 
a. the applicant company’s name, address, and contact information; 
b. information specific to the harb or craft and engine(s) on which 
BACT will be used, including the vessel name and identification 
number(s); engine make, model, and serial numbers; and all other information that uniquely identify the engine; 
c. certification documentation, engineering ca lculations, emissions test 
data, or other information that establishes the diesel PM and NO
x 
emissions of the engine in combination with the proposed BACT. Emissions and emission reduction estimates must include both diesel PM and NO
x emissions and be expressed in grams per brake 
horsepower -hour (g/bhp -hr) unless otherwise specified by the E.O. 
Information submitted pursuant to this provision will be used as follows: 
i. The E.O. shall use the information to compare the emissions 
resulting from the proposed use of BACT with the emissions quantified in BACT determinations previously approved by the E.O.; 
Page 40 of 124 -ii. If there are no previous BACT determinations available for 
comparison, the E.O. shall use C ARB staff’s best engineering 
judgment to determine if the proposed BACT provides the greatest feasible reduction of diesel PM or NO
x; and 
iii. The E.O. may require the applicant to submit additional emissions data for other air pollutants if the E.O. believes that the proposed use of BACT may increase any air pollutant by 10 percent or more relative to the engine emissions without the 
proposed BA CT; and 
d. the proposed recordkeeping, reporting, monitoring, and testing procedures that the applicant plans to use to demonstrate continued effectiveness of the BACT. 
2. E.O. Review and Final Decision-M aking Process. 
a. Within 15 days after receiv ing a BACT application, the E.O. shall 
notify the applicant whether the application is deemed sufficiently complete to proceed with further evaluation. If the application is 
deemed incomplete, the notification must identify the application’s deficiencies. The E.O. shall have an additional 15- day period for 
reviewing each set of documents or information submitted in response to an incomplete determination. Nothing in this subsection prohibits the E.O. from requesting additional information from the applicant, during any part of the BACT application process, which the E.O. determines is necessary to evaluate the application. 
b. Within 30 days of deeming an application complete, the E.O. shall 
take final action to either approve or deny a BACT application, and 
the E.O. shall notify the applicant accordingly. If the application is 
denied or modified, the E.O. shall state the reasons for the denial or 
modification in the notification.  The E.O. shall specify all terms, conditions, and requirements the E.O. believes are necessary for the ferry engine and BACT to operate properly and reduce emissions of air pollutants consistent with this section.  The reporting and recordkeeping requirements specific to the use of BACT must 
include, at a minimum: 
i. hours of operation for the engine and BACT and fuel usage; 
ii. usage of any alternative fuels, additives, agents, flow rates, and 
emission test results; 
Page 41 of 124 iii. maintenance procedures for the engine(s) and its BACT; and 
iv. any other measurements or recordings specified by the E.O. 
The E.O. shall make the approval/disapproval notification to the 
applicant and identification of the approved/disapproved BACT 
available to the public on CARB’s internet site. 
3. Post-Approval Vessel, Engine, and BACT O peration. 
A person who owns or operates a new ferry with the capacity to transport 75 or more passengers and that is used in Regulated California Waters must maintain operating records and other information in the manner and form specified by the E.O. in the BACT 
approval and must submit to CARB upon request all records and 
reports created pursuant to this provision, which must be maintained 
and retained for CARB inspection a minimum of three years after the 
records or reports were created. 
(6) In-Use Engines and Vessels – Schedules for Meeting Tier 2 or Tier 3 Standards 
(Applicable Until December 3 1, 202 2). 
(A) For Pre -Tier 1 -and Tier -1 Certified Engines on Ferries, Excursion Vessels, 
Tugboats, Towboats, Push Boats, Crew and Supply Vessels, and Barge and 
Dredge Vessels Only. 
1. Applicability . 
This subsection (e)(6) applies, until December 31, 2022, to any person 
who owns, operates, sells, purchases, offers for sale, leases, rents, 
imports, or otherwise acquires an in -use ferry, exc ursion vessel, 
tugboat, towboat, push boat, crew and supply vessel, or barge and 
dredge vessel (in- use regulated category vessel) with a pre- Tier 1 -or 
Tier-1-certified marine or off -road engine operating in any one of the 
above regulated in- use vessel cat egories for: 
a. a total of 300 hours per calendar year or more if operating in either 
ferry, excursion vessel, tugboat, towboat, pushboat, or crew and 
supply vessel categories, or 
b. a total of 80 hours per calendar year if operating in either barge or 
dredge vessel categories in Regulated California Waters.  This subsection applies to all such engines on all such vessels. 
Page 42 of 124 2. General Requirement. 
a. During the time period beginning After January 12, 2009 and ending 
December 31, 2022 , a person who owns, operates, sells, purchases, 
offers for sale, leases, rents, imports, or otherwise acquires an in- use 
ferry, excursion vessel, tugboat, towboat, or push boat with a pre-Tier 
1-or Tier -1-certified marine or off -road engine and that operates in any 
of the above regulated in- use vessel categories may not own, operate, 
sell, purchase, offer for sale, lease, rent, import, or otherwise acquire an 
in-use engine, or a vessel with an in- use engine, unless that engine 
complies with at least one of the compliance methods set forth in subsection (e)(6)(C) by the applicable compliance date.  The compliance methods set forth in subsection (e)(6)(C) involve either replacement of 
the in- use engine with a cleaner engine or demonstrating that the in-
use engine already meets specified standards, as set forth below. 
b. During the time period beginning After January July 12, 200911 
and ending December 31, 2022, a person who owns, operates, sells, 
purchases, offers for sale, leases, rents, imports, or otherwise acquires 
an in -use crew and supply vessel, or barge and dredge vessel with a 
pre-Tier 1-or Tier -1-certified marine or off -road engine and that 
operates in any of the above regulated in- use vessel categories may 
not own, operate, sell, purchase, offer for sale, lea se, rent, import, or 
otherwise acquire an in- use engine, or a vessel with an in- use engine, 
unless that engine complies with at least one of the compliance methods set forth in subsection (e)(6)(C) by the applicable compliance date.  The compliance methods set forth in subsection (e)(6)(C) involve 
either replacement of the in- use engine with a cleaner engine or 
demonstrating that the in -use engine already meets specified 
standards, as set forth below. 
For purposes of this subsection, “applicable compliance date” is either the compliance date, as set forth in subsection (e)(6)(D) for the in- use 
engine, or the compliance date from subsection (e)(6)(D) for the in- use 
engine, as extended pursuant to subsection (e)(6)(E), whichever applies 
and occurs later. 
(B) [Reserved for Future Use] 
Page 43 of 124 (C) Compliance Methods. 
1. Method C1 – Replacement of the in -use engine with a U.S. EPA 
certified marine or off -road Tier 2 engine or one with a higher 
certification level (e.g., Tier 3 -certified). 
A pers on may comply under this method by replacing the in -use engine 
with an engine certified to Tier 2 or Tier 3 marine or off -road engine 
emission standards as set forth in this paragraph.  The replacement 
engine must meet the U.S. EPA Tier 2 or Tier 3 marine or off -road 
engine emission standards that would apply to a new engine, of the same size and configuration as the in- use engine, at the time of the 
applicable compliance date set forth in subsection (e)(6)(D).  The replacement engine must meet the provisions of section 93118.5(e)(3). 
[Note: For example, if the applicable compliance date is 
January 1, 2010, and the Tier 2 marine or off -road emission standards 
would be in effect at that time for a new engine of the same size and configuration as the in- use engine, the replacement would need to 
meet Tier 2 marine or off -road emission standards.  However, if the 
applicable compliance date is instead January 1, 2013, and the Tier 3 marine or off -road emission standards would be in effect for a new 
engine of the same size and configuration as the in- use engine, the 
replacement engine would need to meet Tier 3 marine or off -road 
emission standards.] 
Once the in- use engine has been replaced with an engine that is U.S. 
EPA-certified to meet Tier 2 or Tier 3 marine or off -road emission 
standards, as set forth above, the engine is deemed to be in 
compliance with this subsection (e)(6) and no further replacements of 
this engine are required under this subsection.  Tier 3-certified marine 
or off -road engines may be used as the replacement engine to comply 
with this paragraph, even if Tier 4- certified marine or off -road emission 
engines become available by the applicable compliance date ; 
2. Method C2 – Demonstrate to the E.O.’s written satisfaction that the 
in-use engine already meets the Tier 2 marine standards or Tier 2 
off-road standards for auxiliary or propulsion engines greater than 50 
hp or less than 75 hp, or greater than 750 hp that apply or would apply 
to new engines on the date the Tier 2 marine or off -road standards 
became effective. 
Page 44 of 124 a. A person may comply under this method by demonstrating to the 
E.O.’s written satisfaction that: 
i. the in- use engine already meets the Tier 2 marine standards or 
Tier 2 off -road standards for engines greater than 50 hp or less 
than 75 hp, or greater than 750 hp, 
ii. which apply to new engines of the same power rating and 
displacement as the in -use engine. 
b. This compliance method is available only if the person makes the required demonstration before the date Tier 3 marine or off -road 
emission standards become effective for new engines of the same size and configuration as the in- use engine. The person may rebuild 
the in- use engine to a cleaner standard or implement a diesel 
emission control strategy to aid in meeti ng these standards.  [Note: 
For example, if the Tier 3 marine or off -road emission standards 
would have become effective on January 1, 2015 for a new engine of the same size and configuration as the in- use engine, the person 
would need to provide the Tier 2-compliance demonstration to the 
E.O.’s written satisfaction by January 1, 2015.] 
c. For purposes of the demonstration, the person may, upon approval 
by the E.O., rely on any source of reliable and credible information ., 
including but not limited to, any of the following The E.O. will 
base their determination on the following information : 
i. the results from using the test method specified in section ( jq) or 
an alternative method approved by the E.O. ; 
ii. the in- use engine manufacturer’s certification test data or other 
emissions test data for that in -use engine; 
iii. emissions test data derived from another in -use engine that is 
configured and used in a substantially similar way to the in- use 
engine; 
iv. emissions test data used to meet the regulatory requirements of 
CARB’s Verification Procedure for the non- verified emission 
control strategy implemented; or 
v. emissions test data used to meet the requirements for U.S. EPA 
certification for systems providing remanufacture to a cleaner 
standard. 
Page 45 of 124 The E.O. may, in his/her sole discretion and based on good 
engineering judgment, exclude any information he/she determines is not reliable or credible. 
3. Method C3 – Demonstrate to the E.O.’s written satisfaction that the 
in-use engine already meets the Tier 2 or Tier 3 marine or Tier 2 or Tier 
3 off-road emission standards for auxiliary or propulsion engines in 
effect or would be in effect for new engines at the time of the 
applicable compliance date. 
a. A person may compl y under this method by demonstrating to the 
E.O.’s written satisfaction that: 
i. the in- use engine already meets the Tier 2 or Tier 3 marine 
standards or Tier 2 or Tier 3 off -road emission standards for 
auxiliary or propulsion engines, 
ii. which apply to new engines of the same power rating and 
displacement as the in -use engine, 
iii. at the time of the applicable compliance date for the in -use 
engine. 
b. To comply with this method, the person may demonstrate that the 
in-use engine meets the Tier 3 marine or off -road engine emission 
standards, even if Tier 4 marine or off -road engine emission 
standards come into effect by the applicable compliance date .  The 
person may rebuild the in- use engine to a cleaner standard or 
implement a diesel emission control strategy to aid in meeting these standards. 
c. For purposes of the demonstration, the person may, upon E.O. 
approval, rely on any source of reliable and credible information . 
The E.O. will base their determination on the following information , including but not limited to, any of the following: 
i. the results from using the test method specified in section ( jq) or 
an alternative method approved by the E.O.; 
ii. the in- use engine manufacturer’s certification test data or other 
emissions test data for that in -use engine; 
iii. emissions test data derived from another in -use engine that is 
configured and used in a substantially similar way to the in- use 
engine; 
Page 46 of 124 iv. emissions test data used to meet the regulatory requirements of 
ARB’s Verification Procedure for the non -verified emission 
control strategy implemented; or 
v. emissions test data used to meet the requirements for U.S. EPA 
certification for systems providing remanufacture to a cleaner 
standard. 
The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any information he/she determines is not reliable or credible. 
4. Method C4 – Demonstrate to the E.O’s written satisfaction that the 
in-use engine has not and will not operate 300 or more hours per 
calendar year in any of the regulated in- use vessel categories or 80 or 
more hours per calendar year in the barge or dredge vessel categories. 
A person may comply under this method by demonstrating to the 
E.O.’s written satisfaction that the engine is a low-use engine.  This 
compliance method requires the person to provide records to the E.O. of the engine’s total annual hours of operation while operating in any of the regulated in- use vessel categories for the calendar year 
immediately preceding th e demonstration. The person must also 
provide documentation sufficient for the E.O. to project future annual 
hours of operation for the engine.  The person will be deemed in 
compliance with this method only if such records and documentation demonstrate to the E.O.’s written satisfaction that the in -use engine 
has not and will not operate 300 or more hours per calendar year in any of the regulated in- use vessel categories with the exception of the 
dredge or barge categories, or 80 or more hours per calendar year in 
either the dredge or barge categories. 
(D) Compliance Dates. 
Table 7 , Table 8, Table 9, and Table 10 below set forth the compliance 
dates by which a person must meet the requirements of subsection 
(e)(6)(A).  Table 7 applies only to engines on ferries, excursion vessels, tugboats, towboats, and push boats with a homeport ou tside of the 
SCAQMD; Table 8 applies only to engines on ferries, excursion vessels, tugboats, towboats, and push boats with a homeport within the SCAQMD; Table 9 applies only to engines on crew and supply vessels, and Table 10 
applies to engines on barge and dredge vessels.  The compliance dates are set forth by engine model year and total annual hours of operation (for 
Page 47 of 124 use in any regulated in -use vessel category) of the vessel in Regulated 
California Waters.  For Table 7, Table 9, and Table 10, Method D1, D2, or 
D3 below may be used for determining the actual or effective engine 
model year.  For Table 8, only Method D1 or D3 may be used for 
determining the actual or effective engine model year. 
1. Method D1 – the engine’s actual model year of manufacture. 
A person may determine an engine’s compliance date under this 
method by using the engine’s actual model year of manufacture, as documented by the sales contract, invoice, purchase order, or other legitimate proof of purchase for the engine.  The actual model year of manufacture may also be shown on a label permanently affixed to the engine by the manufacturer.  In the event of a conflict between the 
proof of purchase and the permanent label, the date of manufacture 
shown on the permanent label controls. 
2. Method D2 – the engine’s effective model year based on the “Engine’s 
Model Year + 5” method. 
A person may determine an engine’s compliance date under this 
method by calculating the engine’s effective model year as the actual model year, using Method D1 above, and adding to that number 5 
more years.  To use this method, the person must use a diesel 
emissions control strategy (DECS) with the engine, as set forth below: 
a. Relative to the emissions without the use of the DECS, the engine 
with the DECS must be demonstrated to the E.O.’s written 
satisfaction as emitting at least 25 percent less diesel PM or NO
x, 
and neither of those pollutants are increased by more than 10 percent.  This requirement is met automatically if the DECS is a 
verified DEC S (VDECS); 
b. If the DECS is not a VDECS, the person must demonstrate compliance with this paragraph by submitting to the E.O. emissions data that demonstrate the non -verified emission control technology 
achieves a diesel PM or NO
x emission reduction of 25 percent or 
better, using the test methods specified in subsection ( jq).  Upon 
approval of the E.O., the person may submit data derived from the use of other test methods to demonstrate to the E.O.’s written satisfaction the required 25 percent minimum emission reductions, such as: 
Page 48 of 124 i. marine engine certification test data for the harbor craft 
propulsion or auxiliary engine, or engine manufacturer emissions test data; 
ii. emissions test data derived from another engine that is configured and used in a substantially similar way to the in -use 
engine on which the emission control strategy is to be used; or 
iii. emissions test data used to meet the regulatory requirements of the CARB Verification Procedure for the non -verified emission 
control strategy implemen ted. 
The E.O. may, in his/her sole discretion and based on good 
engineering judgment, exclude any data derived from the test 
methods under paragraph b above that he/she determines are not reliable or credible. 
A person’s use of a DECS or VDECS, which meets the requirements 
of this provision, extends the engine’s compliance date to the compliance date for a similar engine that is five model years newer (i.e., the actual model year for the engine with the emissions control 
strategy + 5). 
[Note: For example, the owner of a 1995 model year engine on a 
tugboat, which has a homeport outside of SCAQMD and operates 
in Regulated California Waters for 750 hours in 2013, would normally be required to meet a December 31, 2014 compliance date, as set forth in Table 7.  However, if a DECS that meets the requirements of this provision is implemented with this engine prior 
to the 2014 nominal compliance date, the engine’s actual 
compliance date would be extended to the compliance date for a 2000 model year engine (i.e., the effective model year = the 1995 model year + 5).  Accordingly, in that scenario, the engine’s effective model year would extend the compliance date to December 31, 2016]; 
3. Method D3 – the engine’s effective model year based on the “Engine’s 
Tier 1 Rebuild Model Year” method. 
A person may determine an engine’s compliance date by demonstrating, to the E.O.’s written satisfaction, that the engine is an existing pre -2004 model year engine that was rebuilt to conform with 
U.S. EPA Tier 1 marine standards prior to January 1, 2008.  If the E.O. is 
Page 49 of 124 thus satisfied, the effective model year of the Tier 1 rebuilt engine, for 
purposes of determining the compliance date in Table 7, Table 8, Table 9, or Table 10, is the actual year in which the Tier 1 rebuil d occurred. 
Table 7:  Compliance Dates for Engines on Ferries, Excursion Vessels, Tugboats, 
Towboats, and Push Boats with Homeports Outside SCAQMD 
Engine Model Year Total Annual Hours of 
Operation Compliance 
Date 
1975 and earlier ≥ 1500 12/31/2009 
1975 and earlier ≥300 and < 1500 12/31/2010 
1976 – 1985 ≥1500 12/31/2011 
1976 – 1985 ≥ 300 and < 1500 12/31/2012 
1986 – 1995 ≥ 1500 12/31/2013 
1986 – 1995 ≥ 300 and < 1500 12/31/2014 
Ferries Only 
1996 – 1999 ≥ 300 12/31/2014 
Vessels Other Than 
Ferries 
1996 – 1999 ≥ 1500 12/31/2015 
Vessels Other Than 
Ferries 
1996 – 1999 ≥ 300 and < 1500 12/31/2016 
2000 ≥ 1500 12/31/2015 
2000 ≥ 300 and < 1500 12/31/2016 
2001 – 2002 ≥ 300 12/31/2017 
2003 ≥ 300 12/31/2018 
2004 ≥ 300 12/31/2019 
2005 ≥ 300 12/31/2020 
2006 ≥ 300 12/31/2021 
2007 ≥ 300 12/31/2022 
[Note: For example, if a 1982- model year diesel engine on a tugboat operating in Regulated California 
Waters is used for 750 hours in 2011, the owner or operator must bring the engine into compliance with 
the requirements of subsection (e)(6)(C) by December 31, 2012.]. 
Page 50 of 124 Table 8:  Compliance Dates for Engines on Ferries, Excursion Vessels, Tugboats, 
Towboats, and Push Boats with Homeports in SCAQMD 
Engine Model Year Total Annual Hours of 
Operation Compliance Date 
1979 and earlier > 300 12/31/2009 
1980 – 1985 > 300 12/31/2010 
1986 – 1990 > 300 12/31/2011 
1991 – 1995 > 300 12/31/2012 
1996 – 2000 > 300 12/31/2013 
2001 > 300 12/31/2014 
2002 > 300 12/31/2015 
2003 > 300 12/31/2016 
2004 > 300 12/31/2017 
2005 > 300 12/31/2018 
2006 > 300 12/31/2019 
2007 > 300 12/31/2020 
[Note: For example, if a 1982- model year diesel engine on a tugboat operating in Regulated California 
Waters is used for 300 or more hours in 2009, the owner or operator must bring the engine into 
compliance with the requirements of subsection (e)(6)(C) by December 31, 2010.]. 
Table 9:  Compliance Dates for Engines on Crew and Supply Vessels Statewide 
Engine Model Year Total Annual Hours of 
Operation Compliance Date 
1985 and earlier > 1500 12/31/2011 
1985 and earlier > 300 and < 1500 12/31/2012 
1986 – 1995 > 1500 12/31/2013 
1986 – 1995 > 300 and < 1500 12/31/2014 
1996 – 2000 > 1500 12/31/2015 
1996 – 2000 > 300 and < 1500 12/31/2016 
2001 – 2002 > 300 12/31/2017 
2003 > 300 12/31/2018 
2004 > 300 12/31/2019 
2005 > 300 12/31/2020 
2006 > 300 12/31/2021 
2007 > 300 12/31/2022 
Page 51 of 124 Table 10: Compliance Dates for pre -Tier 1 and Tier 1 Engines on 
Dredge and Barge Vessels Statewide 
Engine Model Year Total Annual 
Hours of 
Operation Compliance Date 
1975 and earlier >80 12/31/2011 
1976 – 1980 >80 12/31/2012 
1981 – 1985 >80 12/31/2013 
1986 – 1990 >80 12/31/2014 
1991 – 1995 >80 12/31/2015 
1996 – 1999 >80 12/31/2016 
2000 – 2001 >80 12/31/2017 
2002 >80 12/31/2018 
2003 >80 12/31/2019 
2004 >80 12/31/2020 
2005 >80 12/31/2021 
2006 >80 12/31/2022 
(E) Compliance Extensions. 
Pursuant to this subsection (e)(6)(E), a person subject to the requirements of 
subsection (e)(6)(C) may request in writing to the E.O. an extension to a compliance date set forth in subsection (e)(6)(D) (i.e., extension to the “nominal” compliance date).  The E.O. may grant the person an extension to the nominal compliance date for any one of the reasons set forth belo w. A 
person granted such an extension is deemed to be in compliance with the requirements of subsection (e)(6)(C) during the extension period, but only upon written authorization from the E.O. made pursuant to this provision and only 
until the end of the extension period.  During the extension, the person must 
meet all other requirements of this section. Immediately upon the end of the extension period, the person must meet all the applicable requirements of this 
section , including but not limited to, subsection (e)(6)(C) . 
Except as provided in paragraph (e)(6)(E)3 below, the E.O. may not combine compliance extensions granted pursuant to this provision with any other 
compliance date extensions, including those set forth in this provision and in subsec tion (e)(6)(D)2 and (D)3.  And except as provided in paragraphs (e)(6)(E)2 
and (e)(6)(E)3 below, under no circumstances may the E.O. grant more than one compliance extension for any individual engine, set of engines, or harbor craft. 
Page 52 of 124 1. Change in Annua l Hours of Operation . 
The E.O. may grant a one -time, maximum one year extension to the 
nominal compliance date set forth in subsection (e)(6)(D), provided the 
person demonstrates to the E.O.’s written satisfaction that the all of the 
following have occu rred: 
a. The person reasonably determined the vessel engine’s nominal 
compliance date based on the engine’s hours of operation two years before the nominal compliance date; and 
b. In the year immediately prior to the nominal compliance date, the 
engine’s annual hours of operation increased significantly from the 
prior year such that the engine’s nominal compliance date would 
have been accelerated from one compliance date to an earlier compliance date. 
[Note:  For example, suppose an operator has a 1982- model year 
engine on a tugboat, which has a homeport outside of SCAQMD and operates for 750 hours in Regulated California Waters in 2010.  If it is 
reasonable for the operator to assume the annual hours of operation in 2011 w ill be similar to 2010, the operator would project from Table 7 
that the engine’s compliance date is December 31, 2012, and would plan his operations accordingly.  However, if the vessel engine’s operation increased substantially to 1600 hours in 2011, the engine 
normally would then have its compliance date accelerated to December 31, 2011, according to Table 7.  The one- year extension 
would, therefore, extend the engine’s actual compliance date back to what it would have been without the change in hours of operation (i.e., 
back to December 31, 2012).]. 
2. No Suitable Engine Replacement for Harbor Craft. 
The E.O. may grant to a person a one year extension, which can be 
renewed annually, only if the person demonstrates to the E.O.’s written satisfaction that there is no suitable Tier 2 or Tier 3 marine or 
off-road-certified replacement engine available anywhere that can be 
used in the person’s specific vessel, and the person cannot otherwise meet the requirements of subsection (e)(6)(C). 
The E.O., in h is/her sole discretion, may use any information available 
to the E.O. to rebut the person’s demonstration.  For purposes of this 
Page 53 of 124 paragraph, the E.O. may deem an engine as suitable to replace an 
existing engine if the replacement engine is similar in horsep ower to 
the existing engine, the replacement engine can fit within the vessel’s engine compartment, and installation of the replacement engine would 
not cause the vessel to violate U.S. Coast Guard or other applicable 
safety regulations.  The E.O. may not consider the cost of the replacement engine, by itself or including installation and downtime costs, in determining its suitability as a replacement. 
The application for and issuance of an initial extension and subsequent 
extensions pursuant to this par agraph are subject to the following 
requirements: 
a. For an initial extension and all subsequent annual extensions to be 
granted pursuant to this paragraph, the E.O. shall follow the same procedures for applying, determining completeness, allowing public review and considering public comments, taking final action, and publishing E.O. decisions that are set forth in subsection (f) for Alternative Control of Emissions (ACE) applications; 
b. The E.O. shall consider all information submitted by the public , 
including but not limited to, information related toregarding the 
availability of replacement engines suitable for the person’s vessel; 
c. Except for the engine(s) for which the extension is sought, the person must demonstrate that all other engines subject to the person’s direct control meet the requirements of subsection (e)(6); 
d. The person must submit the application for an extension so that it is 
received by the E.O. no later than 6 months before the nominal compliance date of the engine for which the extension is requested; 
e. The person must identify in the application each engine for which the extension is requested; 
f. For each engine identified in paragraph 2 above, the person must provide in the application a detailed description of the reasons and factors that serve as the basis for the claim that no suitable replacement engine is available.  This description must include, at a minimum, detailed engineering diagrams, calculations, and citations 
to applicable U.S. Coast Guard regulations that support the 
Page 54 of 124 person’s claim that there are no suitable replacement engines 
available. 
g. After the initial extension, the E.O. may grant additional one year 
extensions, provided the following requirements are met: 
i. All procedures specified in paragraph (e)(6)(E)2.a and (e)(6)(E)2.b 
above are followed; 
ii. The application for an additional extension demonstrates the engines identified in p aragraph (e)(6)(E)2.c remain in compliance 
with this section; 
iii. The application is received by the E.O. no sooner than 6 months 
but no later than 2 months before the expiration of the previous 
extension; 
iv. The application identifies the engine(s) for which the additional 
extension is requested; 
v. For each engine identified in  paragraph (e)(6)(E)2.g.iv  above, the 
person must provide in the application a detailed description of the reasons and factors that serve as the basis for the claim that suitable replacement engines remain unavailable.  This 
description must include, at a minimum, detailed engineering diagrams, calculations, and citations to applicable U.S. Coast Guard regulations that support the person’s claim that there are still no suitable replacement engines available. 
3. Equipment Manufacturer Delays or Installation Difficulties . 
Upon written request, the E.O. may grant to a person a 6-month 
extension to the nominal compliance date set forth in subsection 
(e)(6)(D), provided all the following criteria are met: 
a. the person ordered the new replacement engine or other 
equipment necessary to comply with the requirements of subsection (e)(6)(C) prior to the nominal compliance date set forth in subsection (e)(6)(D); 
b. the purchase order identified in paragraph a above was placed 
with the manufacturer no later than 6 months before the 
engine’s nominal compliance date; 
c. the new engine or equipment has not been received or installed since it was ordered due to manufacturing delays or ex cessive 
Page 55 of 124 difficulties encountered by the engine or equipment installer; 
and 
d. the applicant for the extension provides documentation to the 
E.O.’s satisfaction that demonstrates the criteria in subparts a. 
through c. above have been met.  The E.O. may, in his/her sole discretion, use any information available to rebut any of the documentation submitted pursuant to subparts a through c above. 
4. Multiple Engines on Multiple Vessels Within Same Fleet and With 
Same Compliance Dates. 
This provision applies only to fleets of 2 or more vessels that are 
owned by the same person.  Upon written request, the E.O. may 
grant to the person an extension to the nominal compliance date(s) for engines on vessels within such fleets, as set forth below; 
a. For each set of engines on two or more vessels or for each single 
engine in three or more vessels with compliance dates of 2009 or 2010 for ferries, excursion vessels, tugboats, towboats, and push boats and 2011 or 2012 for crew and supply vessels and 
barge and dredge vessels (a “set” means 2 or more engines), 
the E.O. may grant a one -time extension of the compliance date 
to December 31, 2013 for ferries, excursion vessels, tugboats, towboats, and push boats and to December 31, 2015 for crew and supply boats and barge and dredge vessels, provided the 
E.O. receives and approves a compliance schedule from the 
person that meets the requirements set forth below: 
i. The compliance schedule is received by the E.O. no later 
than December 31, 2009 for ferries, excursion vessels, tugboats, towboats, and push boats and prior to December 31, 2011 for crew and supply, barge, and dredge vessels; 
ii. For each year, up to and including 2013 for ferries, excursion vessels, tugboats, towboats, and push boats and 2015 for crew and supply vessels and barge and dredge vessels, that 
the extension will be in effect, the compliance schedule must 
identify, at a minimum, the engines on specified vessels in the fleet that will meet the requirements of subsection (e)(6)(C ) within any given year; 
Page 56 of 124 iii. The compliance schedule must show that all engines with 
compliance dates of 2009 or 2010 for ferries, excursion vessels, tugboats, towboats, and push boats and 2011 or 
2012 for crew and supply vessels and barge and dredge 
vessels on the specified vessels in the fleet will be in 
compliance with subsection (e)(6)(C) by December 31, 2013 for ferries, excursion vessels, tugboats, towboats, and push boats and December 31, 2015 for crew and supply vessels and barge and dredge vessel s.  [Note: For example, an 
approvable plan may show that 25% of these engines on the specified vessels in a fleet will be in compliance in 2010, 50% 
in 2011, 75% in 2012, and 100% by December 31, 2013.]; and 
iv. The compliance schedule must include all ot her information 
the E.O. deems necessary and appropriate for implementing 
this provision. 
b.  For each set of engines on two or more vessels or each single 
engine on three or more vessels with a compliance date of 2011 
or later for ferries, excursion vessels, tugboats, towboats, and 
push boats and 2013 or later for crew and supply vessels and barge and dredge vessels (a “set” means 2 or more engines), the E.O. may grant to a person a one -time, maximum one -year 
extension of the nominal compliance date. To receive an extension under this provision, the person must submit a written request to the E.O. that meets the following requirements: 
i. The request must be received by the E.O. no later than 
December 31st of the year immediately preceding the nominal co mpliance date for the set of engines; and 
ii. The request identifies the engines in each set of engines and the vessels in the person’s fleet that are subject to the requested extension. 
For all engines within a person’s fleet that have not been granted an extension pursuant to paragraphs a or b above, the compliance dates for such engines remain as set forth in subsection (e)(6)(D). 
Page 57 of 124 (F) Special Provisions Applicable to the Use of a Diesel Emission Control 
Strategy (DECS), including Verified Diesel Emission Control Strategies (VDECS). 
The following requirements apply to any person’s use of a DECS pursuant 
to subsections (e)(5) or (e)(6) and are in addition to any other applicable 
requirements: 
1.  Once the DECS is installed or otherwise employed on a person’s vessel, 
the person must continue to operate and maintain the DECS, in accordance with the manufacturer’s directions, to achieve the original level of emission reductions that the DECS was designed and intended to achieve; 
2. In the event a DECS fails, breaks down, or is otherwise damaged (collectively referred to hereinafter as “fail” or “failure”), the vessel owner or operator must, within 90 days of the DECS failure, do at least one of the following: 
a. repair the DECS to good working order; 
b. replace the failed DECS with another working DECS, if it cannot be 
repaired; or 
c. employ another method that meets the requirements of subsection 
(e)(6)(C) and other applicable provisions of this section, if the DECS 
cannot be repaired. 
3. The determination in subpart 2.b and 2.c above of whether a DECS cannot be repaired may only be made by either the DECS manufacturer or an authorized dealer. 
4. For each replacement DECS installed under subpart 2.b above, the person must provide to the E.O. the same documentation for the replacement DECS that was required for the DECS that failed, and the person must obtain the same E.O. approvals that were required with the fai led DECS. 
(7) All Harbor Craft – Renewable Diesel Fuel Requirements (Applicable On and 
After January 1, 2023) . 
(A) Beginning January 1, 2023, a person subject to this section shall only fuel 
a diesel engine on a harbor craft with Renewable Diesel (R 100) fuel or 
Page 58 of 124 R99 fuel blend, except to demonstrate compliance with engine and fuel 
standard s as specified in subsection (q) . 
(B) In the following situations, a harbor craft can be fueled with either: U.S. 
EPA on -road diesel fuel meeting the specifications contained in 40 CFR 
§§ 80.500 et seq., as they existed on April 27, 2010, or U.S. EPA nonroad 
diesel fuel meeting the specifications contained in 40 CFR 80.29 as it existed on April 27, 2010, and 69 Federal Register 38958 (June 29, 
2004),  which are both incorporated by reference herein: 
1. If a harbor craft subject to this section is traveling from a port located outside of California, an d that port does not have R100 or R99 .  The 
vessel owner or operator must retain records documenting the fuel purchase, the location and the name of the non- California port, and 
its lack of availability of R100 or R99 fuel for a minimum of three years 
after the purchase of the fuel, and must make such records available upon the request of the E.O. ; or 
2. If as of January 1, 2023 a vessel operator has an existing fueling contract, and the operator can demonstrate that the terms of the 
contract cannot b e modified to supply R100 or R99 .  The vessel 
owner or operator must provide a copy of the documentation (such as 
the contract) to CARB. A vessel owner or operator must use R100 or 
R99 once the contractual issues no longer exist, or by December 31, 
2025, whichever occurs sooner. 
(8) All Harbor Craft (Excluding Commercial Fishing Vessels) – Requirements for 
New and Newly Acquired Diesel Engines (Applicable On and After January 1, 
2023). 
Beginning January 1, 2023, any person subject to this subsection shall not: 
enter into a contract to sell, purchase, lease, rent, or import; offer for sale ; or 
otherwise acqui re or supply a new or in- use engine for a new or in-use harbor 
craft, which is intended to operate or currently operates in Regulated California 
Waters, unless that engine, on the date of ac tion, conforms to any one of the 
following criteria scenarios (A through DE ): 
(A) Is certified to meet the most stringent of the Tier 3 or the Tier 4 marine 
standards (Tier 3 or Tier 4) , or the Tier 4 Final off -road standards in effect 
on that date for a new engine with applicabl e horsepower rating a nd duty 
cycle rating , or is certified to me et both the most stringent marine 
standards (Tier 3 or Tier 4) or the Tier 4 Final off -road standards in e ffect 
Page 59 of 124 on that date for a new engine with applicable horsepower rating and duty 
cycle rating and the applicable performance standards specified in Tabl es 
11, 12, or 13 in subsection (e)(9 ) for a new engine of applicable 
horsepower rating and duty cycle rating . 
1. A newly acquired marine engine rated below 600 kW is not required to 
meet the Tier 4 marine standards if there are no engines available on 
the date of acquisition that are certified to the Tier 4 marine emission 
standards for an engine of the same engine ca tegory and rated 
horsepower. 
2. Engines certified to meet the Tier 4 Final off -road standards in effect on 
the date of acquisition for a new engine of applicable horse power 
rating and duty cycle rating may only be acquired for use as an auxiliary 
or propulsion engine on harbor craft if the engine or vessel 
manufacturer has complied with 40 CFR § 1042.605 (Marinized land -
based engines already certified to other standards for nonroad or 
heavy -duty highway engines for marine use), as it existed on April 27, 
2010,  which are incorporated by re ference herein. 
3. Engines rebuilt to meet Tier 3 or Tier 4 emission marine standards or 
Tier 4 Final off -road standards may be acquired for use if the Tier 3 or 
Tier 4 marine standards or the Tier 4 Final off -road standards are th e 
most stringent emission standards in effect on the date of engine 
rebuild for a new engine of the horsepower rating and duty cycle 
rating .  For the purpose of the demonstration, the person may upon 
approval by the E.O., rely on any source of reliable and credible 
information . The E.O. will base their determination on the following 
information , including but not limited to, any of the following: 
a. The results from using the test method specified in sub section  (q) or 
an alternative method approved by the E.O.; 
b. Engine manufacturer’s certification test data or other emissions test 
data for that in -use engine; 
c. Emissions test data derived from another in -use engine that is 
configured  and used in a substantially similar way to the in- use 
engine; 
d. Emissions test data used to meet the regulatory requirements of 
CARB’s Verification Procedure for the non- verified emission control 
strategy implemented; or 
e. For marine engines, eEmissions test data as specified in 40 CFR 
section 1042.835 (d), as last amended on June 30, 2008, and section 
Page 60 of 124 1042.840 (n), as amended on October 25, 2016, which are 
incorporated by reference herein . For off -road engines, the 
information specified in 40 CFR section 1068.120 (j), as last 
amended on October 25, 2016, which is incorporated by reference 
herein .used to meet the requirements for U.S. EPA certification for 
systems providing a rebuild to a c leaner standard. 
The E.O. may, in their sole discretion and based on good engineering 
judgment, exclude any information they determine is not reliable or 
credible ; 
(B) Is newly acquired within the allowable 6 month “sell -through” period, as 
set forth in this paragraph.  For purposes of this subsection only, the 
allowable sell- through period runs through 6 months after the date of the 
Tier 3 , or Tier 4 marine standards , or Tier 4 Final off -road standards have 
come into effect for a new engine of applicable h orsepower rating and 
duty cycle rating as the engine being replaced.  Engines that are 
subsequently sold, supplied, offered for sale, or otherwise newly acquired 
after the 6 month sell -through period are subject to the requirements 
specified in subsection (A) of this subsection; 
(C) Is replacing an engine that is non- functioning due to equipment failure, 
and the E.O. has determined, pursuant to the provisions of 40 CFR § 1042.615 engine replacement exemption, as it existed on April 27, 2010 , 
which is incorporated by reference, that no engine certified to the current 
standards is produced by any manufacturer with the appropriate physical 
or performance characteristics to repower the vessel.  In such event, an alternate engine may be acquired for the replacement.  Pursuant to 40 CFR § 1042.615, a separate determination, addressing each tier of 
emission standa rds that is more stringent than the emission standards for 
the engine being replaced must be made. For example, if the engine being replaced was built before the Tier 3 standards were in effect , and 
engines of that size are currently subject to Tier 4 standards, a person must 
consider whether any Tier 3 or Tier 4 engines have the appropriate 
physical and performance characteristics for repla cing the old engine. If a 
Tier 4 engine is determined not to have the appropriate physical and 
performance character istics, but a Tier 3 engine does have the appropriate 
physical and performance characteristics, it must be selected as the 
replacement engine.  In no case after a failure can the replacement engine 
be certified to a less stringent standard than the engine it is replacing. 
Documentation ( e.g. an engineering evaluation) of these determinations 
must be supplied to the E.O. and the E.O.’s determination must be 
Page 61 of 124 obtained before an engine replacement is made pursuant to this provision; 
or, 
(D) Is replacing an engine the E.O. has approved for low use, as outlined in subsection (e)(6) prior to January 1, 2023, or subsection (e)(14 ) on or after 
January 1, 2023, as long as the new engine meets or exceeds the current engine's emission standard s.; or, 
(E) Is acquired for installation into a commercial passenger fishing vessel 
and the owner or operator has applied for and received the one -time, 
ten-year extension available to commercial passenger fishing vessels 
pursuant to subsections (e)(12)(E)3.a and (e)(12)(E)3.d.. 
(9) All Harbor Craft (Excluding Commercial Fishing Vessels) – Requirements for 
New and Newly Acquired In- Use Harbor Craft (App licable On and After January 
1, 2023). 
(A) Requirements  for new harbor craft. 
1. Beginning January 1, 2023, any person subject to this subsection shall 
not: enter into a contract to sell, purchase, lease, rent , or import; offer 
for sale ; or otherwise acquire or supply a new harbor craft for use in any 
of the Regulated California Waters unless the tailpipe emissions from 
each propulsion and auxiliary engine on the vessel is certified to the 
most stringent marine standards (Tier 3 or Tier 4), o r the Tier 4 Final 
off-road standards in effect on the date of vessel acquisition that are 
applicable to a new engine with applicable horsepower rating and duty 
cycle rating, and meet s the applicable performance standards defined 
in subsection (e)(9) . in Table 11, Table 12 or Table 13 set forth in this 
subsection.  Propulsion or auxiliary engines that are certified to the Tier 
4 Final off -road standards in effect on the date of vessel acquisition for 
a new engine with applicable horsepower rating and duty cycle rating 
and that meet ing the applicable performance standards defined in 
subsection (e)(9) in Table 11, Table 12 , or Table 13, using Tier 4 Final 
off-road engines in effect on the date of vessel acquisition m ay be sold, 
purchased, offered for sale, leased, rented, imported, or otherwise 
acquired for use if the engine or vessel manufacturer has complied with 40 CFR 1042.605 ( Marinized land -based engines already certified to 
other standards for nonroad or heavy -duty highway engines for marine 
use), as it existed on April 27, 2010. 
Page 62 of 124 2. New vessels with engines rated less than 600 kW shall meet Tier 4 
marine standards and the tailpipe emission performance standards in 
Table 11 of subsection (e)(9) if Tier 4 marine engines are certified for 
the applicable horsepower rating and duty cycle rating on the date the 
keel is laid. 
3. Methane (CH 4) emission s from engines must not exceed 1.0 g/bhp- hr 
when using a gaseous or liquid fuel other than diesel . 
4. Each propulsion and auxiliary engine on nNew excursion vessels and 
short -run ferries must be certified to the most stringent marine 
standards (Tier 3 or Tier 4) or the Tier 4 Final off -road standards in 
effect on that date such vessels are acquired that are applicable to a 
new engine with applicable horsepower rating and duty cycle rating, 
and must also meet applicable performance standards listed in 
subsection (e)(9) Tables 11, 12, andor 13 if such vessels are a cquired on 
or after January 1, 2023 , but prior to compliance dates as set forth in 
Table 14 i n subsection (e)( 10). 
5. In the event Tier 3 or Tier 4 engines are available, but no engines or 
aftertreatment devices are available to meet Tier 3 + DPF or Tier 4 + 
DPF performance standards as shown in Tables 11 through 13, a 
person subject to this subsection must, prior to commencing 
construction on the new vessel, submit a request to the E.O. detailing 
the reasons why performance standards cannot be met.  The E.O. may 
approve use of a certified Tier 3 or Tier 4 engine not meeting the 
performance standards shown in Tables 11 through 13 if the 
information submitted in the request and the exercise of good 
engineering judgment indicates the applicable performance 
standards cannot be met . Any engines on new vessels approved by 
the E.O. for not meeting this standard shall be subject to requirements 
of subsection (e) (12) after the vessel commences operating in 
Regulated California Waters. Notwithstanding the definition of “new 
harbor craft” in subsection (d), a new harbor craft whose keel was 
laid before January 1, 2023 is subject to the requirements of (e)(12) 
and not of this subsection (e)(9). 
Page 63 of 124 Table 11: Performance Standards* for Propulsion and Auxiliary Marine 
Engines – Tier 4 + DP F 
Category Displace -
ment 
(L/cylinder) Maximum 
Engine 
Power 
(kW) Tier 4 
Engine 
Model 
Year NOx 
(g/bhp-
hr)(a) HC 
(g/bhp- hr) 
(a) PM (g/bhp-
hr) (a) CO 
(g/bhp- hr) 
(a) 
C1 
Commercial All kW < 
1,400 2017+ 1.3 0.14 0.005 3.73 
C1 
Commercial All 1,400 ≤ 
kW 
< 2,000 2016+ 1.3 0.14 
0.005 3.73 
C1 
Commercial All 2,000 ≤ 
kW 
< 3,700 2014+ 1.3 0.14 
0.005 3.73 
C1 
Commercial < 7.0 ≥ 3,700 2014-
2015 1.3 0.14 0.010 3.73 
C1 
Commercial < 7.0 ≥ 3,700 2016+ 1.3 0.14 0.010 3.73 
C2 
Commercial All 600 ≤ kW 
< 1,400 2017+ 1.3 0.14 0.005 3.73 
C2 
Commercial All 1400 ≤ 
kW 
< 2,000 2016+ 1.3 0.14 
0.005 3.73 
C2 
Commercial All 2,000 ≤ 
kW 
< 3,700 2014+ 1.3 0.14 
0.005 3.73 
C2 
Commercial < 15.0 ≥ 3,700 2014-
2015 1.3 0.14 0.010 3.73 
C2 
Commercial 15.0 ≤ disp 
< 30.0 ≥ 3,700 2014-
2015 1.3 0.14 0.030 3.73 
C2 
Commercial All ≥ 3,700 2016+ 1.3 0.14 0.010 3.73 
Note*: Performance standards are emissions measured when tested on CARB diesel, not R100 if 
engines are diesel -fueled, and testing should be done pursuant to requirements as outlined in 
subsection (q). 
(a) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW -hr, to 
g/bhp -hr in Table 11 by the following: g/kW -hr * (0.746) = g/bhp -hr. 
Table 12: Performance Standards* for Propulsion and Auxiliary Marine 
Engines – Tier 3 + DPF 
Category Displacement 
(L/cylinder) Maximum 
Engine 
Power 
(kW) Tier 3 
Engine 
Model Year HC+NOx 
(g/bhp- hr)(a) PM 
(g/bhp- hr) (a) CO 
(g/bhp -
hr) (a) 
C1 
Commercial 
< 75 kW < 0.9 < 8 2009+ 5.6 0.045 5.97 
Page 64 of 124 C1 
Commercial 
< 75 kW < 0.9 8 ≤ kW < 
19 2009+ 5.6 0.045 4.92 
C1 
Commercial 
< 75 kW < 0.9 19 ≤ kW < 
37 2009-
2013 5.6 0.034 4.10 
C1 
Commercial 
< 75 kW < 0.9 19 ≤ kW < 
37 2014+ 3.5 0.022 3.73 
C1 
Commercial 
< 75 kW < 0.9 37 ≤ kW < 
75 2009-
2013 5.6 0.034 3.73 
C1 
Commercial 
< 75 kW < 0.9 37 ≤ kW < 
75 2014+ 3.5 0.034 3.73 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density < 0.9 ≥ 75 2012+ 4.0 0.016 5.97 for 
< 8 kW 
4.92 for 8 
≤ kW < 
19 
4.10 for 
19 ≤ kW 
< 37 
3.73 for 
≥ 37 kW C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 0.9 ≤ 
disp < 1.2 All 2013+ 4.0 0.013 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 1.2 ≤ disp 
< 2.5 < 600 2014- 2017 4.2 0.010 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 1.2 ≤ disp 
< 2.5 < 600 2018+ 4.2 0.010 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 2.5 ≤ disp 
< 3.5 <600 2013-
2017 4.2 0.010 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 2.5 ≤ disp 
< 3.5 <600 2018+ 4.2 0.010 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 3.5 ≤ disp < 
7.0 < 600 2012- 2017 4.3 0.010 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 3.5 ≤ disp < 
7.0 < 600 2012- 2017 4.3 0.010 
Page 65 of 124 C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 3.5 ≤ disp < 
7.0 < 600 2018+ 4.3 0.010 
C1 
Commercial 
Engines with 
<= 35 kW/L 
power density 3.5 ≤ disp < 
7.0 < 600 2018+ 4.3 0.010 
C1 
Commercial 
Engines with 
> 35 kW/L 
power density < 0.9 ≥ 75 2012+ 4.3 0.017 5.97 for 
< 8 kW 
4.92 for 8 
≤ kW < 
19 
4.10 for 
19 ≤ kW 
< 37 
3.73 for 
≥ 37 C1 
Commercial 
Engines with 
> 35 kW/L 
power density 0.9 ≤ disp 
< 1.2 All 2013+ 4.3 0.010 
C1 
Commercial 
Engines with 
> 35 kW/L 
power density 1.2 ≤ disp 
< 2.5 All 2014+ 4.3 0.010 
2.5 ≤ disp 
< 3.5 All 2013+ 4.3 0.010 
C1 
Commercial 
Engines with 
> 35 kW/L 
power density 3.5 ≤ disp 
< 7.0 All 2012+ 4.3 0.010 
C2 7.0 ≤ disp 
< 15.0 < 600 2013+ 4.6 0.010 3.73 
C2 15.0 ≤ disp 
< 20.0 < 600 2014+ 5.2 0.038 3.73 
C2 20.0 ≤ disp 
< 25.0 < 600 2014+ 7.3 0.030 3.73 
C2 25.0 ≤ disp 
< 30.0 < 600 2014+ 8.2 0.030 3.73 
C3 >≥30.0 All 2016+ (2.5 NOx 
+1.5 HC) (b) 
(rpm < 130) 0.010 3.73 
C3 >≥30.0 All 2016+ (6.7×N-0.20 i(c) 
NOx + 1.5 
HC) (b) (130 
≤ rpm 
<2,000) 0.010 3.73 
C3 >≥30.0 All 2016+ (1.5 NOx + 
1.5 HC) (b) 
(rpm ≥ 
2,000) 0.010 3.73 
Note*: Performance standards are emissions measured when tested on CARB diesel, not R100 if 
engines are diesel -fueled, and testing should be done pursuant to requirements as outlined in 
subsection (q). 
Page 66 of 124 (a) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW -hr, to 
g/bhp -hr in Table 12 by the following: g/kW -hr * (0.746) = g/bhp -hr. 
(b) The C3 Tier 3 standard is for NOx and HC respectively in g/bhp -hr. 
(c) N is the maximum test speed of the engine in revolutions per minute (rpm). 
Table 13: Performance Standards* for Propulsion and Auxiliary Off -Road 
Engines – Tier 4 Final + DPF 
Rated Power 
(kW) Tier 4 
Engine 
Model Year NMHC 
(g/bhp- hr)(b) NMHC + 
NOx 
(g/bhp- hr) (b) NOx 
(g/bhp- hr) (b) PM 
(g/bhp- hr) (b) CO 
(g/bhp- hr) (b) 
kW < 8 2008+ - 5.6 - 0.045 5.97 
8 ≤ kW<19 2008+ - 5.6 - 0.045 4.92 
19 ≤ kW< 37 2013+ - 3.5 - 0.005 4.10 
37 ≤ kW< 56 2013+ - 3.5 - 0.005 3.73 
56 ≤ kW< 75 2014+ 0.14 - 0.30 0.005 3.73 
75 ≤ kW< 130 2014+ 0.14 - 0.30 0.005 3.73 
130 ≤ kW< 
225 2014+ 0.14 - 0.30 0.005 2.61 
225 ≤ kW< 
450 2014+ 0.14 - 0.30 0.005 2.61 
450 ≤ kW< 
560 2014+ 0.14 - 0.30 0.005 2.61 
560 ≤ kW< 
900 2015+ 0.14 - 2.61 / 0.50 a 0.005 2.61 
kW > 900 2015+ 0.14 - 2.61 / 0.50 a 0.005 2.61 
Note*: Performance standards are emissions measured when tested on CARB diesel, not R100 if 
engines are diesel -fueled, and testing should be done pursuant to requirements as outlined in 
subsection (q). 
(a)  The NOx standard for generator sets is 0.50 g/bhp -hr. 
(b) Converted emission standards from 40 CFR 1039, which are expressed in g/kW -hr, to g/bhp-
hr in Table 13 by the following: g/kW -h * (0.746) = g/bhp -hr. 
(B)   Requirements for newly acquired in-use vessels. 
1. Any person subject to this subsection shall not: enter into a contract 
to sell, purchase, lease, rent, or import; offer for sale ; or otherwise 
acquire or supply an in- use harbor craft for use in any of the Regulat ed 
California Waters unless each propulsion and auxiliary engine on the 
vessel meets the same requirements for new build vessels as set forth 
in subsection (e)(9)(A). 
2. In situations where in- use vessels  are approved for low -use exception 
or the vessels are in compliance using compliance extensi ons, the 
Page 67 of 124 approval of low -use exception and compliance extensions are not 
transfe rable to new o wners. 
3. Newly acquired in -use vessels are not eligible for low-use exceptions as 
set forth in subsection (e)(14) or compliance extensions except for 
(e)(12) (E)(2) and (e)(12)(E)(4). 
4. Relocated vessels within a person’s direct control transferred from 
outside California into RCW are not newly acquired vessels, and are 
subject to requirements in subsection (e) (12).  If a vessel is claimed as a 
relocated vessel, vessel owners/operators must submit paperwork of 
vessel acquisition with acqui sition transaction date as set forth in 
subsection (m)(14) and subsection (o) . For the purpose of this 
subsection, any newly reported vessel will be classified as newly 
acquired unless records show otherwise . 
(10) Requirements for Zero- Emission and Advanced Technologies (ZEAT) for New , 
Newly Acquired and In -Use Short -Run Ferries, and New and Newly Acquired 
Excursion Vessels (Applicable On and After January 1, 2023). 
(A) Any person who sell s, purchase s, offer s for sale, lease s, rent s, imports , or 
otherwise acquire s the following that operates or is intended to operate in 
Regulated California Waters must comply with the applicable ZEAT 
requirements shown in Table 14 for ne w excursion vessel s, newly acquired 
excu rsion vessel s, new short -run ferr ies, newly acquired short -run ferries , 
or in-use short -run ferries operated above the annual hour limits for low -
use exceptions as set forth in subsection (e)(14). 
1. Zero- emission vessels must not be pushed, towed, attached, or 
otherwise propelled during revenue service by another vessel that does 
not meet the definition of “zero -emission.” 
2. A non -zero- emission temporary replacement vessel operating on a 
short -run ferry route must meet the requirements set forth in 
subsection (c)( 2), which include but is not limited to reporting 
requirements set forth in subsection (m) . 
Page 68 of 124 Table 14 : Compliance Dates for Zero -Emission and Advanced 
Technologies 
Marine Technology 
Type Vessel Category 
Requirement ZEAT Required 
Starting On 
Zero- Emission 
Capable Hybrid New and Newly 
Acquired Excursion 
Vessels December 31 , 202 4 
Zero-Emission New, Newly Acquired 
and In -Use 
Short -Run Ferries December 31, 2025 
(B)  On or after the dates shown in Table 14, all internal combustion engines , 
regardless of fuel type, must meet the following requirements: 
1. Engines on any (in-use, new and newly acquired ) short -run ferr y must 
meet , at minimum, the most stringent of the Tier 3 or the Tier 4 
marine standard s (Tier 3 or Tier 4) , or the Tier 4 Final off -road 
standards in effect on the compliance dates shown in Table 14 ; 
2. Engines on short -run ferries are not permitted to operate more than 20 
hours/year unless performing non-short -run ferry service , such as 
operating in a secondary vocation or performing emergency 
operations .  Non -short -run ferry service shall be documented according 
to recordkeeping requirements in subsection (m)(19 ) and reported to 
CARB according to subsection (o).  Operation as a secondary vocation 
is subject to provisions in subsection (e)(12) ; 
3. Engines on new and newly acquired excursion vessels must meet the 
performance standards as set forth in subsection (e)(9 ). 
(C)   Before adopting ZEAT, a person must submit an application to , and receive 
approval from the E.O., as set forth below: 
1. Application Process. 
At least 18 months prior to the compliance d ate, a ZEAT application 
must be submitted with a minimum of the following information: 
a. The applicant company’s name, address, and contact information; 
Page 69 of 124 b. Information specific to the harbor craft and engine(s) on which ZEAT 
will be used, including the vessel name and identification 
number(s); engine make, model, and serial numbers; and all other information that uniquely identify the engine; 
c. Certification documentation, a detailed engineering analysis or 
calculations, design information, battery or fuel cell capacities, typical trips or other information required to demonstrate meeting 
the following performance standards: 
i. Vessels adopting zero -emission capable hybrid technology must 
demonstrate that 30 percent or more of combined main 
propulsion and auxiliary power will be derived from a zero -
emission tailpipe emission source when averaged over a calendar year. Zero- emission power sources include but are not 
limited t o, battery plug -in hybrid propulsion systems using 
electricity from the electric grid or grid -neutral source, or 
hydrogen fuel cells , or other power sources with zero tailpipe 
emissions. 
ii. Short -run ferries or other full zero -emission vessels must not u se 
an internal combustion engine to generate propulsion or auxiliary power for the normal operation of the vessel (more than 
20 hours/year) unless the engine meets the emission limits for 
distributed generation or is used exclusively during emergency operations. Use of internal combustion engines for emergency 
operation is permitted but subject to recordkeeping requirements  in subsection (m) (19). 
d. Information and plans for charging or fueling infrastructure that 
include an overall description of the frequency and duration of 
charging or fueling, a list of key hardware components, and applicable documentation of communication with utility companies, 
fueling contracts with hydrogen providers, and/ or installation of on -
site fueling systems. 
e. The proposed recordkeeping, reporting, monitoring, and if 
applicable, testing procedures, that the applicant plans to use to demonstrate continued effectiveness of the ZEAT. Recordkeeping 
and reporting must include, at a minimum, the requirements in subsection (m)(19). 
Page 70 of 124 2. E.O. Review and Final Decision-M aking Process. 
a. Within 30 days after receiving a ZE AT application, the E.O. shall 
notify the applicant whether the application is deemed sufficiently 
complete to proceed with further evaluation.  If the application is 
deemed incomplete, the notification must identify the application’s deficiencies. The ap plicant shall submit the supplemental 
documentation within 30 days of receiving a notification the 
application is incomplete. The E.O. shall have an additional 30- day 
period for reviewing each set of documents or information submitted in response to an incomplete determination. 
b. Within 60 days of deeming an application complete, the E.O. shall 
take final action to either approve or deny a ZEAT application, and the E.O. shall notify the applicant accordingly.  In approving or 
disapproving a ZEAT application, the E.O. will base their 
determination on the information submitted in the ZEAT application and their exercise of good engineering judgment.  If the application 
is denied or modified, the E.O. shall state the reasons for the denial 
or modification in the notification.  The E.O. shall specify all terms, 
conditions, and requirements the E.O. determines are necessary for the applicable vessel to operate properly and reduce emissions of air pollutants consistent with this section. 
(11) ZEAT Credit for Early or Surplus Deployments (Applicable On and After January 
1, 2023). 
(A) Applicability. 
If a person adopts ZEAT on new or newly acquired excursion vessels or 
short -run ferries no later than three years prior to compliance dates shown 
in Table 14 , or at any time for any other category of vessel, a person may 
be grant ed additional compliance time set forth in Table 15 for another 
excursion vessel or short -run ferry subject to subsection (e)( 10), for each all 
in-use engines to meet performance standards in subsection (e) (12) on 
another vessel in any regulated in- use cat egory , or for each all in-use 
engine s to meet the requirements for commercial fishing vess els in 
Page 71 of 124 subsection (e) (13) that is under a person’s direct control and operating 
within the same California air basin. 
Table 15. ZEAT Credit Time for Surplus ZEAT Deployment 
Marine Technology Type Maximum Additional Compliance Time 
Zero- Emission Capable Hybrid 3 Extra Years 
Zero-Emission 7 Extra Years 
Note: The ZEAT credits in Table 15 are only issued in three- and seven- year increments, 
subject to the condition that the length of the additional compliance time may not extend 
beyond December 31, 2034, pursuant to subsection (e)(11) (B)7. 
For example, consider the scenario in which a pilot boat, which is not 
subject to ZEAT requirements as set forth in subsection (e)( 10), but must 
meet Tier 4 + DPF performance standards as set forth in subsection (e) (12) 
by December 31, 2027 is removed from service and replaced with a zero -
emission vessel December 31, 2026.  In that scenario, the owner or 
operator of the pilot boat may request that CARB grant up to seven 
additional years to the compliance date f or another vessel in the owner or 
operator’s fleet that is operating in the same air basin , to comply with 
requirements of subsection (e) (12). However, the additional compliance 
time may not extend past December 31, 2034. 
(B) Eligibility and Requirements for Receiving ZEAT Credi t. 
1. Before applying the ZEAT credit to another vessel in their fleet, the ZEAT vessel generating the credit must be deployed and operational. 
2. Vessels that are part of an Alternative Control of Emissions (ACE) as set 
forth in subsection (f) are not eligible to generate or receive a ZEAT credit pursuant to this subsection. 
3. ZEAT vessels deployed using incentive funding are eligible to generate ZEAT credit unless restricted by guidelines for the incentive funding program. 
4. ZEAT vessels deployed i n Regulated California Waters prior to or after 
January 1, 2023 are eligible to generate ZEAT credit. 
5. ZEAT credit can only be applied to vessels with engines certified to Tier 
2 or more stringent emission standards. 
Page 72 of 124 6. Receiving a ZEAT credit for eng ines or vessels in a person’s fleet does 
not preclude a person from applying for feasibility extensions set forth 
in subsections (e)(12)(E)(2 -4) after the expiration of the ZEAT credit. 
7. Any ZEAT credit or combination of multip le ZEAT credit s and 
compliance extension s shall n ot extend the compliance date of any 
engine or vessel beyond December 31, 2034. 
8. ZEAT credit may be applied to vessels with a homebase or regularly 
scheduled stops within two miles of a Disadvantaged Community 
(DAC) only if the ZEAT vessel deployed to generate the ZEAT credit 
also has a homebase or regularly scheduled stops within two miles of 
any DAC. 
9. A person is eligible to receive the ZEAT credit time shown in Table 15 
without an analysis of emissions showing that deploying the ZEAT 
vessel achieves equal or greater emission reductions within their fleet. Emissions analysis is required for z ero-emission capable hybrid vessels 
in partial fulfillment of meeting requirements of CARB approval of technologies as listed in (e)(10 )(C)1.a -e. 
10.The ZEAT credit applies one time only to each ZEAT vessel when it is 
first put into service in RCW . The ZEAT credit applies to one selected 
vessel in the owner’s or operator’s fleet and is not transferable to 
another vessel within the fleet or to a subsequent owner after the sale 
of the ZEAT vessel. 
(C) ZEAT Credit Application Process. 
1. At least 9 months prior to the compliance date of engines/vessel 
receiving the ZEAT credit, an applicant must submit an application to, 
and receive written approval from the E.O.  The application package must include a minimum of the following information: 
a. The applicant company’s name, address, and contact information; 
b. ZEAT vessel information, including vessel name, vessel unique 
identifier and homebase, and supplemental documentation 
demonstrating the deployed ZEAT vessel meets the performance standards and requirements set forth in subsection (e)(10)(C)1.a -e.; 
and 
Page 73 of 124 c. Identification of t he specific harbor craft and engine(s) for which the 
applicant proposes to apply ZEAT, including vessel name, 
identification number(s) and homebase; engine make(s) , model (s), 
model year, and serial number (s). 
2. Within 30 days after receiving a ZEAT credit appli cation, the E.O. shall 
notify the applicant whether the application is deemed sufficiently 
complete to proceed with further evaluation.  If th e application is 
deemed incomplete, the notification shall identify the application’s 
deficiencies.  The applicant shall submit the supplemental 
documentation within 30 days of receiving a notification indicating the 
application is incomplete.  The E.O. shall have an additional 30- day 
period for reviewing each set of documents or information submitted in 
response to an incomplete determination. Nothing in this subsection prohibits the E.O. from requesting additional information from the applicant, during a ny part of the ZEAT credit application process, which 
the E.O. determines is necessary to evaluate the application. 
3. Applicants with an approved ZEAT credit must notify the E.O. in writing within 30 days upon learning of any information that would alter the 
analysis submitted.  If the E.O. has information that indicates an 
approved ZEAT credit has been granted to a person that no longer meets the criteria for a ZEAT credit, the E.O. may modify or revoke the application as necessary to assure that the applicant and subject 
vessel(s) meet the emission reduction requirements in this section. 
4. Records made pursuant to subsection (e)(11) shall be kept for the 
lifetime of each engine receiving the ZEAT credit.  This information 
shall be supplied to the E.O. within 30 days of a request from CARB 
staff. 
(12) In-Use Engines and Vessels (Excluding Commercial Fishing Vessels) – 
Requirements for Meeting Performance Standards (Applicable On and After 
January 1, 2023) . 
(A) Applicabil ity. For Any Engines on Regulated In- Use Vessels. 
1. For purpose s of this subsection, regulated in- use vessel s include ATB s, 
barge s (including tank barge s, and barge s operating as part of ATBs), 
commercial passenger fishing vessel s, crew and supply vessel s, 
dredge s, excursion vessel s, ferries (excluding in -use short -run ferries) , 
Page 74 of 124 pilot vessels , push boat s, research vessel s, tugboat s (including ocean-
going tugboat s and towboat s, and tugboat s operating as part of ATBs), 
towboat s, and workboat s. 
2. This subsection (e) (12) applies on and after January 1, 2023 to any 
person who owns or operates a regulated in- use vessel with any marine 
or off -road engines operating more than the annual low-use hours 
limits specified in Table 22 in subsection (e)(14) . 
(B) General Requirement s. 
1. On and after January 1, 2023, a no person who owns, operates, sells, 
purchases, offers for sale, leases, rents, imports, or otherwise acquires a 
regulated in- use vessel with any marine or off -road diesel engines may 
not operate, sell, purchase, offer for sale, lease, rent, import, or 
otherwise ac quire a n regulated in-use vessel, unless the each engine or 
diesel engine system on the vessel complies with at least one of the 
compliance methods set forth in subsection (e)(12)(C) by the applicable 
compliance date. Engines approved to operate as low -use pursuant to 
subsection (e)(6)(C)(4) prior to January 1, 2023 must continue to meet 
low-use limits defined in subsection (e)(6) until compliance dates set 
forth in this subsection (e)(12) (D)-(E). 
2. In-use engines rated below 600 kW shall not be repowered with 
engines meeting Tier 3 marine standards if an engine with the 
applicable horsepower and duty cycle rating is certified to the T ier 4 
marine standards is available . If Tier 4 engines are not available under 
600 kW, and engines are repowered on or after January 1, 2023 to the 
Tier 3 standards, they would not need to be repowered to Tier 4 
standards when Tier 4 engines become available. 
3. In-use engines rated below 600 kW that meet Tier 3 standards before 
January 1, 2023 are subject to meeting Tier 4 standards if an engine of 
the applicable horsepower rating and duty cycle is available 12 months prior to the compliance date unless after January 1, 2023, no Tier 4 
engines are available and the Tier 3 engine s are retro fit with a DPF and 
meet Tier 3 + DPF standards by the compliance date s. 
4. In-use engines or engine systems rated above 600 kW shall meet Tier 4 
+DPF performance standards under this subsection.  If no engines with 
the power and duty cycle ratings needed by the vessel that meet the Tier 4 marine + DPF performance standards or the Tier 4 Final off -road 
Page 75 of 124 +DPF performance standards are available 12 months prior to by the 
compliance date, the vessel owner would be eligible for a compliance 
extension as set forth in subsection (e)(12)(E) provided that all criteria 
in subsection (e)(12)(E)2 are satisfied .  Early upgrades before 
compliance date s of engines rated above 600 kW that meet Tier 3 
standards must still repower with engines meeting Tier 4 standards. 
5. If an in -use ZEAT short -run ferry operates in other regulated in- use 
vessel categories as secondary or other use, o r if an in -use commercial 
fishing vessel operates in regulated in- use vessel category as secondary 
or other use, operation of the secondary or other use is subject to the 
requirements of this subsection a nd ismay b e eligible for a low -use 
exception as defined in subsection (e)(14) based on engine tier level 
and operating hours of the engine. 
6. In situations where in- use engines that are subject to the requirements 
of subsection (e) (12) do not meet performance standards but remain 
installed  on the vessel, a person subject to subsection (e)(12) must take 
action s to ensure said engines cannot be operated.  Examples include, 
but are not limited to , electrically or mechanical ly disabling locking the 
engine to prevent operation, or permanently disconnect ing fuel lines.  
Non-operational engines must meet applicable recordkeeping and 
reporting requirements defined in subsections (m) and (o). 
7. Vessel owners or operators who need to continue to operat e engines 
after applicable compliance dates of this subsection to : perform 
emissions testing to support verification of a DECS ; perform 
emissions testing to demonstrate compliance of their engines or 
vessel with requirements of subsection (e) ; collect data to support 
an ACE plan ; that intend to sell a CHC that is only intended to 
operate beyond Regulated California Waters but will perform sea trials in RCW ,; or will need to transit through RCW to the seller, must first 
request and receive written approval from the E.O.  At least 14 days 
prior to the planned operation, the seller must submit a formal request, 
including the vessel name, unique vessel identifier, engine make, model, model year, serial number, an estimate of operating h ours on 
each non- compliant engine, the dates and locations of operation, and 
demonstrate what efforts will be taken to minimize the number of operational hours.  The E.O. will base their determination on the 
information submitted and on the exercise of good engineering judgment whether the request comprises a good faith attempt to minimize the operation of that CHC in RCW. 
Page 76 of 124 (C) Compliance Methods. 
1. Method C1 – Replace the in- use engine with a U.S. EPA certified 
marine Tier 3 or Tier 4 engine or off-road Tier 4 Final engine that also 
meets CARB performance standards in its certified condition by U.S. 
EPA or CARB. 
A person may comply under this method by replacing the in -use engine 
with an engine certified to the most stringent of either the Tier 3 
marine, Tier 4 marine standards (Tier 3 or Tier 4) , or Tier 4 Final off -
road engine emission standards applicable to a new engine with the 
applicabl e horsepower rating a nd duty cycle rating as the in- use engine 
at issu e, and that meets the applicable CARB performance standards in 
subsection (e)(9) either Table 11, Table 12 , or Table 13, as applicable, 
as set fo rth in subsection 93118.5(e)(9) in its certified condition by U.S. 
EPA or CARB. The replacement engine must meet CARB defined 
performance standards that would apply to a new engine, of the applicable h orsepower rating and duty cycle rating as the in- use 
engine, at the time of the compliance date set forth in subsection (e)(12) (D) plus any compliance extensions approved pursuant to 
subsection (e)(12)(E). 
2. Method C2 – Repower or Rebuild the in- use engine with a U.S. EPA 
certified marine Tier 3 or Tier 4 engine or U.S. EPA or CARB certified 
off-road Tier 4 F inal engine that does not meet CARB performance 
standards and install a CARB Level 3 verified diesel emission control 
strategy ( Level 3 VDECS or DPF). 
If an engine does not meet the most stringent marine standards (Tier 3 
or Tier 4), or Tier 4 Final off -road standards applicable to a new engine 
with the applicable horsepower rating and duty cycle rating as the in -
use engine at issue, and the applicable CARB performance standards in 
subsect ion (e)(9) Table 11, Table 12, or Table 13 as set fo rth in 
subsection 93118.5(e)(9) , a person may comply under this method by 
replacingrepowering or rebuilding the in- use engine with an engine 
certified to the most stringent of either the Tier 3 marine, Tier 4 
marine standards (Tier 3 or Tier 4) , or Tier 4 Final off -road engine 
emission standards applicable to a new engine with applicable horsepower rating and duty cycle rating as the in- use engine and by 
additionally retrofitting the engine with a DPF. 
Page 77 of 124 3. Method C3 – Demon strate to the E.O.’s satisfaction that the tailpipe 
emissions meet the performance standard s using Alternative Control of 
Emissions.  
A person may comply under this method by demonstrating that the 
tailpipe emission s meet the most stringent marine standards (Tier 3 or 
Tier 4), or Tier 4 Final off -road standards applicable to a new engine 
with the applicable horsepower rating and duty cycle rating as the in -
use engine at issue , and also the applicable otherwise meet the 
performance standards in subsection (e)(9) set forth in Table 11 , Table 
12, andor Table 13 of subsection 93118. 5(e)(9) using an A lternative 
Control of Emissions as outlined in sub section 93118.5(f) . To comply 
with this method, the applicant must follow the provisions set forth in subsection 93118.5(f). 
4. Method C4 – Meet CARB performance standard s using a two -step 
phase- in method (pre-Tier 1 and Tier 1 engines only) . 
Any pre-Tier 1 or Tier 1 certified engines on regulated in-use vessels 
may meet CARB performance standard s using phase- in method 
described below: 
a. Replace the in- use pre -Tier 1 or Tier 1 certified engine with an 
engine  meeting the most stringent standards (Tier 3 or Tier 4 
marine ; or Tier 4 Final off -road) for a new engine with the applicable 
horsepower rating and duty cycle rating as the in- use engine by th e 
compliance date set forth in Table 16 in subsection (e) (12)(D) or 
(e)(12) (E) if compliance extensions are approved .  The replacement 
engine must meet the provisions of subsection (e)(8). 
b. Retrofit the U.S. EPA certified Tier 3 or Tier 4 marine or Tier 4 Final 
off-road engine with a DPF by the compliance date set forth in 
Table 17, Table 18 or Table 19 in subsection  (e)(12)(D) or (e) (12)(E) if 
compliance extension s are approved . If Tier 3 or Tier 4 engines 
already mee t the applicable CARB performance standard set forth 
in subsection (e) (9) in their certified condition by U.S. EPA , 
retrofitting with a DPF is not required. 
Regulated in-use vessels with pre- Tier 1 or Tier 1 certified engines may 
follow any of the above applicable compliance methods (e)(12) (C)(1) 
through (3) to comply with the performance standards set forth in 
subsection (e)(9). 
Page 78 of 124 (D) Compliance Dates. 
Table 16, Table 17, Table 18, and Table 19 below set forth the compliance 
dates by which a person must demonstrate that a regulated in -use vessel 
or engine meet s the requirements of subsection (e) (12)(B). Table 16 
applies only to any pre -Tier 1 and Tier 1 certified engines on regulated in-
use vessels , which include but are not limited to workboats, research 
vessels, pilot vessels, tank barges, and commercial passenger fishing 
vessels that were not subject to the in- use engine compliance 
requirements prior to January 1, 2023 ; Table 17 applies only to Tier 2, Tier 
3, or Tier 4 engines on ferries (except for short -run ferries), pilot vessels, all 
tugboats, towboats, and push boats; Table 18 applie s only to Tier 2, Tier 3, 
or Tier 4 engines on research vessels, commercial passenger fishing 
vessels, and in-use excursion vessels, and Table 19 applies to Tier 2, Tier 3, 
or Tier 4 engines on barge and dredge vessels, crew and supply vessels, 
and workboa ts.  The compliance dates are set forth by engine model year. 
For Table 16, Table 17, Table 18 , and Table 19 , Method D1, or D2 below 
may be used for determining the actual or effective engine model year. 
1. Method D1 – the engine’s actual model year. 
a. A person may determine an engine’s compliance date under this 
method by using the engine’s actual model year of manufacture, as documented by the sales contract, invoice, purchase order, or other legitimate proof of purchase for the engine.  The actual model year 
of manufacture may also be shown on a label permanently affixed to the engine by the original engine manufacturer (OEM) .  In the event 
of a conflict between the proof of purchase and the permanent label, the earlier of the two dates shall be us ed for the purpose of 
this paragraph. 
b. Using Method D1, with the exception of engines complying by 
subsection (e) (12)(C)(4)b., the compliance date for an engine is 
based on the model year of the in -use engine that was installed in 
the in- use vessel as of December 31, 2022. For in -use vessels that 
are in the process of an engine replacement so that there is no 
engine installed in the vessel on December 31, 2022, the 
compliance date is determined by the model year of the next 
engine that is installed in the vessel . 
Page 79 of 124 2. Method D2 – the engine’s effective model year based on the “Engine’s 
Tier 3 or Tier 4 Rebuild Model Year” method. 
a. A person may determine an engine’s compliance date by 
demonstrating, to the E.O.’s written satisfaction, that the engine 
was rebuilt to conform with U.S. EPA Tier 3 or Tier 4 marine 
standards. 
b. For the purpose of the demonstration, the person must submit the 
following information to validate the criterion set forth in 
subsection (e)(12)(D)2.a , including but not limited to: proof of 
ownership of the preexisting engine, receipts or work orders evidencing that the date and work needed to rebuild the engine 
was rebuilt to conform with Tier 3 or Tier 4 marine engine standards 
and the date the rebuild was completed , and emissions test data 
from the rebuilt engine demonstrating compliance with U.S. EPA Tier 3 or Tier 4 marine engine standards. 
c. An owner or operator electing to use Compliance Method D2 must 
submit the information specified in subsection (e)(12)(D)2.b. to the 
E.O. Upon receipt of a request that information , the E .O. will review 
the information submitted by an applicant an d determine, within 30 
working days, whether the information meets the criterion set forth 
in subsection (e)( 12)(D)2.a.  In making that determination, the E.O. 
will rely on the information submitted by the applicant and on good engineering judgment. 
d. If the E.O. determines that the applicant information satisfies the 
criterion set forth in subsection (e)( 12)(D)2.a., the effective model 
year of the Tier 3 or Tier 4 rebuilt engine, for purposes of 
determining the compliance d ate in Table 16, Table 17 , Table 1 8, or 
Table 1 9, is the actual year in which the Tier 3 or Tier 4 rebuild 
occurred. 
e. Using Method D2, with the exception of engines complying by subsection (e)(12)(C)(4)b., the compliance date for an engine is based on the model year for the in- use engine that was installed on 
the in- use vessel as of December 31, 2022. For in -use vessels that 
are in the process of an engine replacement so that there is no 
engine installed in the vessel on December 31, 2022, the 
compliance date is determined by the model year of the next 
engine that is installed in the vessel. 
Page 80 of 124 Table 16 :  Compliance Dates for Any Pre -Tier 1 and Tier 1 Certified Engines 
on All Regulated In -Use Vessels 
Engine Model Year Compliance Date 
1993 and earlier 12/31/2023 
1994 – 2001 12/31/2024 
2002 -2007 and later 12/31/2025 
[Note: For example, for a 1993 model year diesel engine on a research vessel operating in Regulated 
California Waters, the owner or operator must bring the engine into compliance with the requirements of 
subsection (e) (12)(C) by December 31, 2023.] 
Table 17 :  Compliance Dates for Tier 2, Tier 3, or Tier 4 Engines on Ferries (Ex cept 
Short -Run Ferries), Pilot Vessels, All Tug/Towboats, and Push Boats 
Engine Model Year and Vessel 
Category Compliance Date 
2009 and earlier (Except Pilot 
Vessels) 12/31/2024 
2012 and Earlier Pilot Vessels 12/31/2025 
2010 – 2012 All Other Vessels* 12/31/2025 
2013 – 2015 ** 12/31/2026 
2016 – 2019 ** 12/31/2027 
2020 – 2021 ** 12/31/2028 
2022 and later ** 12/31/2029 
*Ferries (Except Short -Run Ferries), All Tug/Towboats, and Push Boats. **All vessels listed in the title of this 
table, including ferries (except short -run), pilot, all tug/towboats, and push boats.  [Note: For example, for a 
2020 model year diesel engine on a tugboat operating in Regulated California Waters, the owner or 
operator must bring the engine into compliance with the requirements of subsection (e) (12)(C) by December 
31, 2028.] 
Table 18 :  Compliance Dates for Tier 2, Tier 3 , or Tier 4 Engines on Research 
Vessels, C ommercial Passenger Fishing Vessels, and In-Use Excursion Vessels 
Engine Model Year Compliance Date 
2010 and earlier 12/31/2026 
2011 – 2012 12/31/2027 
2013 – 2014 12/31/2028 
2015 – 2017 12/31/2029 
2018 and later 12/31/2030 
[Note: For example, for a 2015 model year diesel engine on a research vessel operating in Regulated 
California Waters, the owner or operator must bring the engine into compliance with the requirements of 
subsection (e) (12)(C) by December 31, 2029.] 
Page 81 of 124 Table 19:  Compliance Dates for Tier 2, Tier 3, or Tier 4 Engines on Barges, 
Dredges, Crew and Supply Vessels, and Workboats 
Engine Model Year Compliance Date 
2009 and earlier 12/31/2028 
2010 – 2013 12/31/2029 
2014 – 2017 12/31/2030 
2018 and later 12/31/2031 
[Note: For example, for a 2010 model year diesel engine on a workboat operating in Regulated California 
Waters, the owner or operator must bring the engine into compliance with the requirements of subsection 
(e)(12) (C) by December 31, 2029.] 
(E) Compliance Extensions. 
A person may request that the E.O. grant an extension from the compliance 
dates forth in subsection (e) (10), (e)(1 2), (e)(13), or (i)(1) for infrastructure, 
feasibility, or scheduling delays. Compliance extensions are not transferrable to 
a subsequent owner after the sale of an engine or vessel. Except for Extension 
E5 for shipyard delays for new build vessels, owners/operators are not eligible 
to apply for extensions for newly acquired harbor craft. 
With the exception of Extensions E2, Extension E3 for workboats pursuant to 
subsection (e)(12)(E)3.c.ii ., and Extension E4, no extensions may extend beyond 
December 31, 2034. 
With the exception of Extensions E2, Extension E3 for workboats pursuant to 
subsection (e)(12)(E)3.c.ii , and Extension E4, extensions may be combined, but 
the combination of extensions may not result in an extension for a single engine 
more than 6 years after the compliance date, or for more than 8 years for 
vessels specified in subsection (e)(12)(E)3.c.i. 
For each initial extension or renewal of an extension, the E.O. will review the 
application upon receiving a complete application. The E.O will approve or 
disapprove the requested compliance extension or renewa l by relying on the 
information in the application, technical feasibility, and product availability as of 
the date of the deadline of the application, and their good engineering and 
financial judgm ent. If an applicant seeks a renewal of an extension, they must 
submit the same information required by the initial application. 
1. Extension E1: Shore Power and ZEAT Infrastructure Delays. 
Page 82 of 124 a. Length of Extension: The E.O. may grant an applicant a one -year 
compliance extension to the compliance date set forth in subsection 
(i)(1) for shore power or subsection (e)(10) for ZEAT. 
b. Eligibility and Application Package: The applicant, whether a vessel 
or facility owne r or operator, shall submit an application to the E.O. 
at least 9 months prior to compliance dates, or as specified in 
subsection (e)(12)(E)1. c. for a renewal, that includes the following 
information: 
i. Start and end dates of the requested extension period; 
ii. A description of the unforeseen, temporary, or extenuating 
circumstances outside of the applicant’s control; 
iii. Documentation that supports the finding of circumstances requiring an extension, includingsuch as but not limited to 
documentation from the electrical utility, third -party engineering 
evaluations, or site- specific physical constraints requiring 
additional time for safety review; and 
iv. Efforts taken to mitigate future need for the extension. 
c. Renewal: The applicant m ay apply for an additional one -year 
extension no later than 9 months and no earlier than 12 months 
before the expiration of the extension. 
2. Feasibility Extension E2 -No Certified Engines or DPFs Available. 
a. Length of Extension: The E.O. may grant an applicant a two -year 
compliance extension to the compliance dates or requirements set 
forth in subsection (e)(8) , (e)(9), or (e)(12). 
b. Eligibility and Application Package: The applicant must demonstrate 
that there are no certified engines or DPFs available to meet performance standards by compliance dates. The application 
package must be supplied to the E.O. no later than 9 months and no earlier than 12 months before the compliance date for the initial 
application or as specified in subsection (e)(12)(E)2. c. for a renewal, 
and must include: 
i. An evaluation of all U.S. EPA certified engines meeting 
applicable performance standards by the compliance date; 
ii. An evaluation of all CARB verified DPFs by the compliance date; 
Page 83 of 124 iii. Engineering analysis indicating that no combination of certified 
engines could be used in lieu of engines of the original horsepower rating to perform the work of the original vessel design. This analysis must consider all engines within a n 
applicable range of power ratings, power densities, and other 
vessel powertrain modifications, including but not limited to 
engine controls, azimuth drives and propeller configurations. 
c. Renewal: The applicant may apply for an additional two -year 
extension no later than 9 months and no earlier than 12 months before the expiration of the extension. 
d. Additional Provisions: 
i. Cleanest Engine Requirement: In situations where engines 
certified to current Tier 3 marine, Tier 4 marine, or Tier 4 Final 
off-road standards are available but DPFs are not available, the 
person must repower the vessel with the available Tier 3 marine, 
Tier 4 marine, or Tier 4 Final off -road engines by applicable 
compliance dates to receive an extension for DPFs. 
Compliance dates shown in Tables 11, 12, and 13 are based on 
the model year of the original in -use engine. A person must 
retrofit the vessel with a DPF within 6 months after a DPF 
becomes available for the engine installed on the vessel or by 
the last compliance extension pursuant to this extension expires, whichever is sooner. 
ii. Unavailability of a DPF for a Specific Engine Manufacturer or 
Model : If a person repowers with a Tier 3 marine, Tier 4 marine, 
or Tier 4 Final engine after January 1, 2023, they will not have to replace the engine with one of a different model if a DPF 
becomes verified for that other engine model. A person 
applying for this e xtension, must also need to repower their 
engine with one certified to a more stringent standard, must 
consider all available engine s for the power and duty cycle rating 
of their operation, regardless of engine manufacturer or engine model . 
Page 84 of 124 3. Feasibilit y Extension E 3 -Engines or DPF not Feasible and Cannot 
Afford Vessel Replacement . 
a. Length of Extension: The E.O. may grant an applicant either a two -
year compliance extension to the compliance date for any 
regulated in -use vessel category set forth in subsection (e)( 12), or 
for engines on commercial pass enger fishing vessels meeting 
either Tier 3 or more stringent emission standard s by December 
31, 2024, a one- time ten- year extension until December 3 1, 
2034 . 
b. Eligibility and Application Package (does not apply to ten -year 
extensions available to commercial passenger fishing vessel s as 
set forth in subsections (e)( 12)(E)3.a. and (e)(12) (E)3.d.): The 
applicant must demonstrate that no suitable engines (Tier 3 or Tier 
4 marine, or Tier 4 Final off -road) and/ or DPFs physically fit within 
the existing vessel structure, and no amount of modifications can be 
made to the vessel structure without compromising its structural 
integrity or stability , to meet requirements of subsection (e)(12) . 
The applicant must also demonstrate that removing the vessel from 
service and replacing it with a newly acquired vessel with compliant 
engines is not financially possible. The application package must be supplied to the E.O. no later than 18 months before the compliance date of the engine(s) or vessel(s) for which the extension is 
requested or as specified in subsection (e)(12)(E)3. c. for a renewal, 
or no later than 9 months before the December 31, 2023 
compliance date, and must include: 
i. For extensions to repowering engines, technical feasibility analysis demonstrating that no certified Tier 3 marine, Tier 4 
marine or Tier 4 Final off -road engine can be used to repower 
engines meeting performance standards on the vessel(s); 
ii. For extensions to installing DPFs, technical feasibility analysis 
demonstrating that no DPF can be used to retrofit Tier 3 or Tier 4 engines on the vessels; 
iii. For extensions to repowering engines or installing DPFs, vessel -
specific technical feasibility analysis provided by a third -party 
naval architect demonstrating that no modifications are feasible 
to repower and retrofit the vessel . Non vessel -specific third-
party naval architect analyses for vessels with hull materials of 
wood, fiberglass, or fiberglass -reinforced plastic can only 
satisfy this requirement for the initial two- year extension; 
Page 85 of 124 iv. For extensions to repowering engines or installing DPFs, 
modifications resulting in a passenger capacity reduction of 25 
percent or more are considered not feasible , if supporting 
documentation demonstrat es demonstration, based on 
reasonable technical, financial, and environmental criteria, 
that reducing passenger capacity will operationally result in 
increased emissions; 
v. The following information, where applicable: 1) at least three 
years of federal and State income tax documents, 2) at least 
three years of Profit and Loss statements ; 
vi.  A list of actions that the applicant has taken to comply or in 
anticipation to comply with the regulation at the earliest compliance date and supporting documentation to demonstrate that these actions have been taken. Such actions may include 
developing new business structures (e.g., forming a new corporation) or restructuring existing accounting practices to pass some or all of the compliance costs associated with this regulation onto the consumers and entities receiving the applicant’s services, replacing existing engines with engines certified to more stringent marine engine or off -road certification 
standards, and procuring loans to finance anticipated compliance costs ; and 
vii. A list of engine(s) for which the extension is(are) requested, and 
a demonstration that all other engines within the fleet subject to 
the applicant’s direct control meet the requirements of this 
section. 
c. Renewal: If an applicant receives a two-year extension, Tthe 
applicant may apply for an additional two -year extension no later 
than 9 months and no earlier than 12 months before the expiration 
of the extension. No compliance extensions can be approved pursuant to this extension if either 6 years of any extension h as 
been granted or if compliance dates for any engine will be 
extended beyond December 31, 2034, except for : 
i. Commercial Passenger Fishing Vessels, Excursion Vessels, and Ferries, w hich can receive an additional extension of 2 years for a 
total of 8 years if the vessel has any nominal compliance 
deadline on December 31, 2024 or earlier; and, 
ii. Vessels operating any number of hours as a workboat that do 
not operate more than the hours listed in Table 22, in any other 
Page 86 of 124 category of vessel, which can rece ive an unlimited number of 
extensions. To be eligible for unlimited extensions in effect at 
any time after December 31, 2034, engines on workboats must 
meet at least Tier 3 marine or off -road emission standards. 
d. Application Criteria (subparts i through iv below) and Other 
Provisions for Ten-Year Extensions Available to Commercial 
Passenger Fishing V essel s: 
i. Applications are due to CARB no later than July 1, 2024 and 
must include information requested in subsections 
(e)(12)(E)(3)d.ii , iii, and iv below. 
ii. Applications must include a demonstrat ion that engines meet 
either Tier 3 marine or Tier 3 off -road standards, or more 
stringent marine or off -road standards by December 31, 
2024, or a purchase order including the engine manufacturer, 
rated horsepower, purchase date, sales price, and anticipated 
date of delivery , that confirms engines meeting Tier 3 marine 
or Tier 3 off-road standards, or more stringent marine or off -
road standards have been ordered by July 1, 2024. I f such 
engines are not installed by March 31, 2025, the owner or 
operator must submit documentation to CARB demonstrating 
a continued engine manufacturer or shipyard delay by April 
30, 2025 and every six months until Tier 3 engines are installed. 
iii. Applications must include a demonstration documentation 
demonstrating that vessels have been engaged in commercial 
passenger fishing vessel activities at least 50 days per calendar 
year between January 1, 2023 and the date of the application, and a statement that the applicant intends to will continue 
operating such vessels to engage, in commercial passenger 
fishing vessel activities at least 50 days per calendar year 
throughout the requested extension period . between January 
1, 2023 and December 31, 2034. 
iv. Applications must describe and document the precise 
procurement decisions and actions the vessel owner or operator 
currently plans to undertake or has taken to demonstrate 
compliance with how owners and operators are preparing and 
planning financially to meet requirements of subsection 
(e)(12) by December 31, 2034, inc luding the specific 
compliance method or methods in subsection (e)(12)(C) the 
Page 87 of 124 vessel owner or operator expects will be utilized, and proposed 
schedules to request and receive loans from financial institutions 
needed to cover the estimated costs associated with the 
identified compliance method or methods in subsection 
(e)(12)(C). 
v. Engines must meet the applicable requirements, in cluding 
either Tier 3 or 4 + DPF as outlined in Tables 11- 13 or qualify 
for low-use exemptions as contained within subsection (e)(14) 
by December 31, 2034. 
vi. Owners or operators of e Engines on commercial passenger 
fishing vessels receiving a ten- year extension shall meet the 
additional recordkeeping requirements in subsection (m)(21) 
and report to CARB according to subsection (o). Owners and 
operators can maintain that data and information required by 
this subdivision is confidential pursuant to 17 CCR section s 
91000 through 91022. 
vii. Owners or operators receiving a ten- year extension shall 
endeavor to participate in coordina te with, and contribute to , 
technical working group meetings overseen by CARB that 
serve to assess the commercial availability of zero- emission 
technology , technical feasibility of repowering vessels to 
meet Tier 4 + DPF standards, and financial feasibility of 
emission reduction strategies for the commercial passenger fishing vessel fleet. The E.O. will consider recommendations 
from the technical working group when conducting biennial 
technology reviews and for the Midterm Review that will be 
conducted by 2028. The Midterm Review will focus on 
requirements affecting the commercial passenger fishing 
vessel fleet and will be considered by t he Board to direct staff 
to develop potential regulatory amendments. 
4. Feasibility Extension E 4 – Tier 4 Engines with Limited Operating Hours 
and DPFs not Feasible. 
a. Length of Extension: The E.O. may grant an applicant a two -year 
compliance extension to the compliance date set forth in subsection 
(e)(12). 
b. Eligibility and Application Package: The applicant must demonstrate 
that available DPFs do not fit the regulated in- use vessel based on 
feasibility analysis. The regulated in- use vessel must be equipped 
with Tier 4 marine or Tier 4 Final off -road engines. The application 
Page 88 of 124 package must be received by the E.O. no later than 9 months and 
no earlier than 12 months prior to the compliance date or as 
specified in subsection (e)(12) (E)4.c. for a renewal, and must include: 
i.    Feasibility study that demonstrates that meeting Tier 4 + DPF 
performance standards is not technically feasible without 
replacing the vessel due to fitment feasibility (modifications lowering passenger capacity by more than 25 percent are 
considered not feasible), and the vessel has not, and will not operate above the annual hour thresholds listed in Table 20.  For the evaluation periods for determining past operational hours, applicant s should must follow procedures for low -use exceptions 
set forth in subsection (e)(14). 
c. Renewal: The applicant may apply for an additional two -year 
extension no later than 9 months and no earlier than 12 months before the expiration of the extension. 
d. Additional Provisions: 
i. Engine Type Determining Eligibility : For barge and barge 
mounted dredge vessels to be eligible for this extension, all 
auxiliary engines must meet Tier 4 marine or Tier 4 Final off -road 
standards. If present, any main propulsion engines on barges or 
barge mounted dredges will not need to meet Tier 4 standards or operated below the limits in Table 20 to be eligible for this extension. 
For all other regulated in- use vessel categories, except for 
barges and barge mounted dredges, to be eligible for this 
extension, all main propulsion engines must meet Tier 4 marine or Tier 4 Final off -road standards.  Auxiliary engines on board 
regulated vessel categories except for barges and barge mounted dredges will not need to meet Tier 4 standards or operated below the limits in Table 20 to be eligible for this extension. 
ii. Extension Termination: If Tier 4 engines that are granted an 
extension under this subsection are operated beyond the applicable threshold hours in any calendar year, any compliance extensions granted pursuant to this subsection are terminated. The vessel owner or operator must notify the E.O. within 30 
Page 89 of 124 days, and must take vessel out of service or bring their vessel 
into compliance by installing an engine meeting the Tier 4 + DPF 
performance standards.  Engines on vessels that are operated above the limits in Table 20 are indefi nitely no longer eligible to 
apply for compliance extensions pursuant to subsection (e)(12)(E)4 . 
Table 20: Annual Operating Thresholds for Feasibility Extension (E) 4 
Applicability 
Homebase or Regularly 
Scheduled Stop 
Location Extension Available if Operating Below 
All Other Areas 2,600 hours/year 
Within 2 Miles of a DAC 1,300 hours/year 
5. Scheduling Extension E 5. 
a. Length of Extension: The E.O. may grant an applicant a single one-
year compliance extension , which is not renewable, to the 
compliance date set forth in subsection (e)(12)(D), (e)(10) or 
subsection (e)(13) if one or more criteria as set forth in subsection 
(e)(12)(E)5.b below are met . 
b. Eligibility and Application Package: The applicant must demonstrate 
equipment manufacturer delays or installation difficulties, including 
new build vessel delays due to shipyar d delays capacities , multiple 
engines on multiple vessels with the same compliance dates, or 
multiple engines on a single vessel with different compliance dates. 
The extension request must be received by the E.O. for approval 
prior to the compliance date, and must include: 
i. For equipment manufacturer delays or installation difficul ties, all 
of the following : documentation that t he applicant ordered the 
new replacement engine or other equipment necessary to 
comply with the requirements of subsection ( e)(12), (e)(13) or 
(e)(10 ) at least 6 months prior to the compliance date set forth in 
subsection (e)(12)(D), (e)(13) or (e)(10 ); and, the new engine or 
equipment has not been received or installed since it was ordered due to manufacturing delays, or excessive difficulties 
delays encountered by the engine or equipment installer , or 
Page 90 of 124 delays of inspections that are required to be conducted by local, 
state, or federal government agencies before the engine or 
equipment can operate . The applicant must provide a copy of 
the purchase order or contract for th e new equipment, and 
identify in -use engine(s) that the applicant chooses to receive the 
extension. 
ii. For new build vessel dela ys due to shipyard delays capacity, a 
copy of the contract or agreement with between the applicant 
and the shipyard that was executed at least the applicant 
entered into contract 12 months prior to their compliance dates. 
The applicant must provide a letter demonstrating the reasons 
for the delay with supplemental documentation from the 
shipyard. 
iii. For multiple engines on multiple vessels with the same 
compliance dates, all of the following: evidence that the fleet 
consists of 2 or more regulated in- use vessels subject to 
subsection (e)(12), (e)(13) , or (e)(10 ) that are owned by the same 
person; and evidence that two or more engines on a vessel have the same compliance date as two or more engines on another vessel, or if each single engine on three or more vessels have the 
same compliance date. For engines meeting these criteria, 
extensions can only b e applied to the minimum number of 
engines necessary to minimize fleet downtime. The applicant 
must identify the in-use engine(s) that the applicant chooses to 
receive the extension(s) . 
iv. For multiple engines on a single vessel with different compliance 
dates, all of the following: evidence that two or more engines on 
a single regulated in- use vessel are subject to different 
compliance dates in subsection (e) (12), (e)(13), or (e)(10 ), and 
identifying which specific in -use engine (s) that the applicant 
chooses to receive the extension. For engines meeting these 
criteria, extensions can only be applied to the minimum 
number of engines necessary to minimize the time the vessel is out of service. 
(c) Renewal: The applicant may apply for an additional one -year 
extension no later than 9 months and no earlier than 12 months 
before the expiration of the extension. 
Page 91 of 124 (F) Special Provisions Applicable to the Use of a DPF and Other Verified 
Diesel Emission Control Strategies (VDECS). 
The follow ing requirements apply to any person’s use of a DPF and o ther 
VDECS pursuant to subsections (e)(9 ), or (e)(10) or (e)(12) or (f) and are in 
addition to any other applicable requirements: 
1. Once a VDECS is installed on vessel, the owner or operator must 
continue to operate and maintain the V DECS, in accordance with the 
VDECS manufacturer’s directions, to achieve the original level of 
emission reductions that the V DECS was designed and intended to 
achieve; 
2. In the event a VDECS f ails, breaks down, or is otherwise damaged 
(collectively referred to hereinafter as “fail” or “failure”), the vessel 
owner or operator must, within 30 days of the VDECS failure, do at 
least one of the following: 
a. Repair the V DECS to good working order; 
b. Replace the failed VDECS with another working VDECS, if it cannot 
be repaired; or 
c. Employ another method that meets the requirements of subsection 
(e)(12) (C) and other applicable provisions of this section, if the 
VDECS cannot be repaired. 
3. The determination in subsection 2.b and 2.c above of whether a VDECS 
cannot be repaired may only be made by either the VDECS 
manufacturer or an authorized dealer or installer . 
4. If a VDECS is replaced within 30 days of failure , the original failed 
VDEC S may only remain on the vessel if it is not connected to the 
exhaust manifold of the engine for which it was originally installed. 
(13) Engine Requirements on Commerci al Fishing Vessels. 
(A) In-Use Engines on In- Use Commercial Fishing Vessels – Requirements for 
Meeting Tier 2 and Higher Emission Standards. 
Beginning January 1, 2023, a person who owns, operates, sells, purchases, 
offers for sale, leases, rents, imports, or otherwise acquires a n in-use 
commercial fishing vessel with a pre -Tier 1 -or Tier 1 -certified marine or off -
road engines may not own, operate, sell, purchase, offer for sale, lease, rent, 
Page 92 of 124 import, or otherwise acquire an in- use engine, or a commercial fishing vessel 
with an in -use engine, unless that engine meet s, at a minimum, U.S. EPA 
certified Tier 3 marine or off -road engine standards by the compliance date s as 
set forth in Table 21 . In-use engines meeting Tier 2 marine or off -road 
standards do not have a compliance deadline for repowering to Tier 3 pursuant 
to this subsection. Commercial f ishing vessels with Pre-Tier 1 or Tier 1 
engines may be offered for sale, leased, rented, impor ted, sold, or purchased , 
or acquired prior to their compliance dates. 
Table 21 :  Compliance Dates for Any Pre -Tier 1 and Tier 1 Certified Engines 
on Commercial Fishing Vessels 
Engine Model Year Compliance Date 
1987 and earlier 12/31/2030 
1988 – 1997 12/31/2031 
1998 and later 12/31/2032 
[Note: For example, for a 1993 model year diesel engine on a commercial fishing vessel operating in 
Regulated California Waters, the owner or operator must bring the engine into compliance with the requirements o f subsection (e) (13) by December 31, 2031 .]. 
(B) Engines on New and New ly Acquired Commercial Fishing Vessels. 
Beginning January 1, 2023, a new commercial fishing vessel shall not be built or 
its keel shall not be laid, unless engines on the new build commercial fishing 
vessel meet s the most stringent of either the Tier 3 or the Tier 4 marine 
standards (Tier 3 or Tier 4), or Tier 4 Final off -road emission standards in effect 
on the date of engine acquisition. 
(14) Low-Use Exceptions. 
Beginning January 1, 2023, a person may apply for a low -use exception to 
operate, on a limited basis, engines that do not meet the perform ance 
standards set forth in subsection (e)(12), or the engine requirements for 
commercial fishing vessels in subsection (e)(13), or the ZEAT requirements in subsection (e)(10). 
(A)  E.O. A pproval. 
An E.O. approval letter must be obtained prior to an engine’s compliance dates 
as set forth in subsection (e) (12)(D), (e)(13) , (e)(10), compliance dates resulting 
from approved compliance extensions, or the date that vessels first enter RCW 
if those vessels are based outside of RCW. 
Page 93 of 124 (B)   Requirements. 
1.  Low -use exception requires that the applicable engine has not, and will 
not be operated more than the limits as set forth in Table 22 in a 
calendar year. For this subsection, a vessel operates in a DAC if it has a 
homebase or has any regularly scheduled stops within 2 miles of a 
DAC. 
2.  No low -use exceptions shall be approved unless a ll engines on a ll 
vessels within the fleet subject to the person’s direct contro l comply 
with the requirements of this section. 
3. No more than five vessels within a person’s direct control based 
outside of RCW shall be eligible for this exception per calendar year. 
There is no limit to the number of vessels within a person’s fleet that are eligible for this low -use exception if the vessels operate within RCW 
the majority of the time . 
4. Any vessel,  including regulated in- use vessels and commercial fishing 
vessels, that is newly acquired after January 1, 2023 is not eligible for 
low-use exceptions. 
Table 22 : Annual Low-U se Hours Limits for Engines on Vessels w ith a Homebase or 
Regularly Scheduled Stops Within 2 Miles of a Disadvantage Community (DAC ) and 
All Other Areas 
Engine Tier Pre-Tier 1 Tier 1 Tier 2 Tier 3 or 
4 
Limits – All 
Other Areas 
(hours/year) 80 300 400 700 
Limits – DACs 
(hours/year) 40 150 200 350 
(C) Initial Low-Use Application for E.O.’s Review. 
1.  A pplicants must submit an application package at least 60 days prior to 
an engine’s compliance date, or 60 days before vessels are scheduled 
to first enter RCW. 
Page 94 of 124 2.  The application package, at a minimum, must contain a formal request 
letter including the following information : 
a. A table that identif ies each applicable vessel and engine, 
including vessel name, Unique Vessel Identifier (UVI) , engine 
type, make, model year, serial number and e ngine family name if 
applicable . If no UVI is assigned to a vessel , the IMO Number, 
USCG Number , or DMV CF number must be provided ; 
b. Current hour meter reading for each engine on the vessel for 
which a low -use exception is requested, and evidence that each 
such engine is equipped with a functioni ng non- resettable hour 
meter; 
c. Supporting documents (such as , logbooks or records indicating 
hour meter readings on past dates) to demonstrate that the 
engine has not operated more than the limits specified in Table 
22 in the previous calendar year (January 1 to December 31), 
and is not expected to operate more than the specified limits in the current year of demonstration. If the application is for a 
vessel based outside of RCW that is scheduled to enter RCW for 
the first ti me, or is newly acquired by a person in the current 
calendar year, no demonstration of annual operation hours in the 
previous or curren t calendar year to date is required ; 
d. Activity plans or commitments demonstrating that the engine 
will not operate more than the limits specified in Table 22 in the 
subsequent years following the demonstration ; 
e.  If engines are used non-commercially, such as personal pleasure, 
such hours do not count toward the limits specified in Table 22 
only if such hours are clearly documented in logbooks for past 
operation and future activity plans demonstrate how future regulated commercial operation will remain below applicable 
limits; and 
f. The vessel name and UVI of all other vessels that have approved 
low-use exceptions and are currently operating within R egulated 
California Waters in the current calendar year. 
3. In granting or denying the extension request, the E.O. will rely on the information submitted by the applicant and utilize their 
Page 95 of 124 engineering judgment to evaluate whether the information meets 
the criteri a in subsections (e)(14)(B) and (C). 
(f) Alternative Control of Emissions (ACE). 
The purpose of this subsection is to allow a person (“person” or “applicant”) the 
option of applying alternative strategies to achieve equivalent or additional emission 
reductions relative to requirements of subsection (e)(7), (e)(10), (e)(12), or (e)(13 ). 
(1) Requirements for ACE . 
(A) The purpose of this subsection is to allow a person (“person” or 
“applicant”) the option of complying with the requirements of this subsection in lieu of the requirements of subsection (e).  As set forth in this subsection, a  person may be deemed in compliance with subsection (e) by implementing an alternative emission control strategy(ies) (AECS) 
approved by the E.O.  In no case may the E.O. approve an AECS that 
results in or has the potential to result in any increase of diesel PM and NO
x emissions or any increase in emissions greater than 10 percent for any 
other pol lutant, relative to the emissions of diesel PM, NO x, and other 
pollutants that would have occurred under compliance with subsection (e). 
An applicant must establish that the ACE achieves equivalent or greater 
emissions reductions than if the applicant w ere to directly comply with 
subsection (e)(10), (e)(12), and (e)(13), which is considered the Nominal 
Compliance Baseline. The ACE can include alternative emission control 
strategy(ies) (AECS) approved by the E.O. as set forth in subsection (f)(1)(E) below. For the purpose of demonstrating equivalent or greater emission 
reductions, the applicant must evaluate emission reductions of PM and NOx that are projected to result from an AECS for a time period from 
January 1, 2023 through December 31, 2034, relative  to the Nominal 
Compliance Baseline with a maximum of 2 years of any feasibility extension 
with documentation submitted according to the requirements as set forth 
in subsection (e) (12)(E)(2-4). Engine repowers, retrofits, or other strategies 
(such as ZEAT) that were in place as of January 1, 2023 can be included in an applicant’s ACE for the time period of January 1, 2023 through Decemb er 31, 2034 only if they were surplus to requirements of 
subsections (e)(3), (e)(4), (e)(5), and (e)(6). All engines receiv ing extensions 
as part of an ACE plan must meet the applicable compliance 
Page 96 of 124 requirements of subsections (e)(7), (e)(10), (e)(12), and (e)(13) by 
December 31, 2034. 
(B) An applicant wishing to participate in an AC E may include one or more 
harbor craft in the ACE, but the applicant may only include harbor craft 
that the person owns or operates under the person’s direct control. 
(C) No harbor craft may be included in more than one AC E plan. 
(D) Harbor craft incl uded in an AC E must continue to be included in and 
operated pursuant to the approved AC E for the duration of the AC E. 
(E) AECS may on ly apply to emissions from harbor craft subject to this section, 
and may not apply to other mobile or stationary source categories. AECS 
may include , but are not limited to, any combination of the following: 
1. engine modifications; 
2. exhaust treatment control; 
3. engine repower or rebuild to a more stringent standard ; 
4. use of alternative fuels or fuel additivesZEAT deployment in vessel categories where ZEAT is not required ; 
5. shore- side power; 
6. fleet averaging , including ZEAT vessels unless they have been 
separately used t o generate or received a ZEAT credit or had their 
compliance date extended by applying a ZEAT credit as set forth in 
subsection (e)(11) ; and 
7. CARB Approved Emission Control System s (CAECS); and 
87.any other measures that sufficiently reduce emissions. 
CAECS may be used in an ACE application to meet the performance 
standards required in subsection (e)(12).  To receive the E.O.’s approval, 
the application must meet the following requirements: 
i. The CAECS must be approved pursuant to Control Me asure for 
Ocean -going At Berth, title 17 section 93130.5; and 
ii. The applicant must demonstrate that the CAECS is applicable to the 
harbor craft specified in the application and meet the performance standards. 
For purposes of t he demonstration, the E.O. may request additional 
emissions testing based on good engineering judgment . 
Page 97 of 124 (F) A person complying under this provision must obtain E.O. approval of an 
ACE application that demonstrates compliance with this subsection and 
contains, at a minimum, the following information: 
1. the company name, address, and contact information; 
2. the harbor craft and engine(s) subject to the ACE, including the vessel 
name and identification number(s), engine make, model, and serial numbers, and other information that uniquely identify the engine; 
3. documentation, calculatio ns, emissions test data, or other information 
that establishes the diesel PM and NO
x reductions, expressed in 
pounds, are equal to or greater than the emission reductions that 
would have been achieved upon compliance with subsection (e) , 
including but not limited to the requirements specified in subsection 
(e)(6)(C) and (e)(6)(D) prior to January 1, 2023 and in subsection 
(e)(12)(C) and (e) (12)(D) on and after January 1, 2023 ; and 
4. the proposed recordkeeping, reporting, monitoring, and testing procedures that the applicant will use to demonstrate continued 
compliance with the AC E. 
5. Applicants must submit the following information to demonstrate that 
their ACE will not result in a higher emissions burden to DACs relative to other communities impacted by the emissions from their vessel operations: the homebase and the information specified in subsection (m)(14)(E) of each harbor craft in an applicant’s existing fleet, the proposed homebase and the information specified in subsection (m)(14)(E) de scribing where the proposed ACE harbor craft vessels will 
primarily operate in RCW, and the operating hours that each proposed ACE harbor craft vessel will operate in RCW each calendar year. 
(G) For each AC E, the emission reduction calculations demonstrat ing 
equivalence with the requirements of subsection (e)(7), (e)(10), (e)( 12), or 
(e)(13) may include only those diesel PM and NO
x emissions from harbor 
craftwith its homeport within the applicant’s fleet that operat e within a 
single specified California air districtbasin , or another defined geographic 
area approved by the E.O. 
(H) A person subject to an approved AC E must maintain operating records in 
the manner and form as specified by the E.O as an element of any 
approved AC E.  Required records must include, at a minimum: 
1. all the reporting and recordkeeping requirements specified in 
subsections (g) (m) and (h) (n) prior to January 1, 2023 and in 
subsection (m) and (o) on and after January 1, 2023; 
Page 98 of 124 2. maintenance procedures; and 
3. emissions test results. 
A person subject to an approved AC E must retain records and reports on 
each vessel or at an office at the vessel’s homeport for the lifetime of each 
engine and must submit these records and reports to the E.O. in the 
manner specified in the approved AC E or upon request by the E.O. 
(I) Emission reductions included in an AC E may not include reductions that 
are otherwise required by any local, State, or federal rule, regulation, or statute, or that are achieved or estimated from equipment not located in the region to which the AC E applies. The ACE application must not use 
emissions reductions attributed to equipment acquired by funds or grants 
that prohibit use o f fundscannot be used to comply with State 
regulations, laws, or mandates. 
(J) A person subject to an approved AC E may not operate any harbor craft 
under the AC E unless the person has first been notified in writing by the 
E.O. of the ACE ’s approval.  Prior to such approval, the applicant must 
comply with the provisions of this section, including the requirements in 
subsection (e)(6)(C) and (e)(6)(D) prior to January 1, 2023 and in 
subsection (e)(7) (e)(12)(C), (e)(12)(D), (e)(10 ), and (e)(13) on and after 
January 1, 2023. 
(K) Applicant s shall demonstrate that their ACE will not result in a higher 
burden to DACs relative to other communities impacted by the emissions 
from their vessel operations. 
(2) Application Process for AC E. 
(A) Prior to January 1, 2023, a Applications for an AC E must be submitted 
in writing to the E.O. for evaluation by February 28 of the first year 
that vessel engine compliance is required . On and a After January 1, 
2023, applications for an ACE must be submitted at least 6 months prior to 
the first date that vessel engine compliance is required, and no later than 
December 31, 2025. 
(B) The E.O. shall establish an internet site (“AC E internet site”) in which all 
documents pertaining to an AC E application shall be made available for 
public review.  The E.O. shall also provide a copy of all such documents to 
each person who has requested copies of the documents; these persons shall be treated as interested parties.  The E.O. shall provide two se parate 
Page 99 of 124 public comment periods during the AC E application process, as specified 
in subsection (f)(2)(D) and (f)(2)(E). 
(C) Completeness Determination. 
Within 1530days after receiving an AC E application, the E.O. shall notify 
an applicant whether the application is deemed sufficiently complete to 
proceed with further evaluation.  If the application is deemed incomplete, the notification shall identify the application’s deficiencies. The applicant 
shall submit the supplemental documentation within 30 days of receiving a 
notification the application is incomplete .  The E.O. shall have an 
additional 1530 -day period for reviewing each set of documents or 
information submitted in response to an incomplete determination. Nothing in this subsection prohibits the E.O. from requesting additional information from the applicant, during any part of the AC E application 
process, which the E.O. determines is necessary to evaluate the application. 
(D) Notice of Completeness and 30- Day First Public Comment Period. 
After an ACE application has been deemed complete,  within 30 days the 
E.O. shall provide a 30 -day public comment period to receive comments 
on any element of the AC E application and whether the E.O. should 
approve or disapprove the AC E application based on the contents and 
merits of the application.  The E.O. shall notify all interested parties of the 
following: 
1. the applicant(s); 
2. the start and end dates for the 30- day first comment period; and 
3. the address of the AC E internet site where the application is posted. 
The E.O. shall also make this notification available for public review on the 
ACE internet site. 
(E) Proposed Action and 15- Day Second Public Comment Period. 
Within 30 days after the first public comment period ends, the E.O. shall 
notify the applicant and all interested parties of CARB’s proposed 
approval or disapproval.  This notification shall propose to approve the 
application as submitted, disapprove the application, or approve the AC E 
application wit h modifications as deemed necessary by the E.O.  The 
Page 100 of 124 notification shall identify the start and end dates for the 15- day second 
public comment period. 
During the second public comment period, any person may comment on 
the E.O.’s proposed approval or disapproval of the ACE application and 
any element of the application.  The E.O. shall also make this notification 
available for public review on the AC E internet site. 
(F) Final Action. 
Within 1530days after the second public comment period ends, the E.O. 
shall take final action to either approve or deny an AC E application and 
shall notify the applicant accordingly.  If the application is denied or 
modified, the E.O. shall state the reasons for the denial or modification in 
the notification.  The notification to the applicant and approved AC E plan, 
if applicable, shall be made available to the public on the AC E internet 
site.  In addition, the E.O. shall consider and address all comments 
received during the first and second public comment periods, and provide 
responses to each comment on the AC E internet site. 
(G) Renewal of an Approved AC E. 
An applicant may apply for renewal of an approved AC E by forwarding the 
E.O. updated information for all elements of the approved AC E for review 
and re -approval.  The applicant must submit the renewal application so 
that the E.O. receives the application no later than 30 days prior to the end of the AC E comp liance period. 
(H) Notification to the E.O. of Changes to an Approved AC E. 
A person with an approved AC E must notify the E.O. in writing within 
30 days upon learning of any information that would alter the emissions 
estimates submitted during any part of the AC E application process.  If the 
E.O. has reason to believe that an approved AC E has been granted to a 
person that no longer meets the criteria for an AC E, the E.O. may, 
pursuant to subsection (f)(3) below, modify or revoke the AC E as necessary 
to assure that the applicant and subject vessel(s) meet the emission 
reduction requirements in this section. 
(3)   Revocation or Modification of Approved ACE. 
Page 101 of 124 With 30 days of notice of violation to the ACE holder, the E.O. may revoke or 
modify, as needed, an approved ACE if any of the following apply: 
(A) there have been multiple violations of the ACE provisions or the 
requirements of the approved ACE plan; 
(B) the E.O. has reason to believe that an approved ACE has been granted 
that no longer meets the criteria or requirements for an ACE; or 
(C) the person can no longer comply with the requirements of the approved ACE in its current form. 
Public notification of a revocation or modification of an approved ACE shall be 
made available on the ACE internet site. 
(g) Unique Vessel Identifier Requirement. 
(1) Beginning January 1, 2024, all All harbor craft operating in Regulated California 
Waters are required to have a CARB Unique Vessel Identifier (UVI). 
(A)   The CARB UVI is a unique set of letters and numbers in a format of “CARB 
01234” that is assigned to a vessel to ensure traceability and permanent 
identification of the ve ssel. 
(2)   Requirements. 
(A)   On or before January 1, 2024 , applicable harbor craft must have a CARB 
UVI permanently affixed to their vessel. 
(BA) Beginning March 1, 2023, or within 30 calendar days of the owner or 
operator fulfilling the vessel registration and reporting requirements in 
subsection 93118.5(m) and 93118.5 (o), whichever occurs later, the E.O. 
shall issue CARB UVI numbers via electronic mail or hard copy mailed to 
the business address provided by vessel owners or operators . 
(CB) Vessel owners or operators shall permanently affix or paint t he CARB UVI 
identification number in clear view according to the following specification: 
1.  Letters and numbersCARB UVI characters shall be readily legible during 
daylight hours. Each character of the CARB UVI must be in a leg ible 
sans- serif font at least 5 inches (12.7 centimeters) in height and 2.5 
inches (3.8 centimeters) in width. 
Page 102 of 124 2.  Each character of the CARB UVI must remain legible for the entire 
duration life of the vessel ’s operation within RCW . 
3.  Letters and numbers shall be black an d the backgroun d surface shall be 
lime green with decimal code (R,G,B) – (0,255,0) on which the letters 
and numbers are placed. The lime green CARB UVI label background 
shall measure at least 40 inches i n width and 10 inches in height. CARB 
issued UVI s may be either affixed as printed labels or painted onto the 
vessel. 
4.  CARB UVI shall b e installed and affixed to or painted on both sides of 
the pilot house in a visible location but not obstructing captain/pilot 
view. If the vessel does not have a pilot house, another visible location 
on both sides of the vessel can must be sele cted. 
5.  Marking shall be kept maintained in a manner that retains the legibil ity 
required by the subsections (C)(1-4) immediately above. 
(DC) The owner or operator of a r Registered historic vessel s may are allowed to 
install a cast bronze, brass, or carved wooden pl aque s, or other UVI 
form at, but shall meet the specifications (C)(1),(2),(4) and (5) described 
above. 
(h) Main Engine Idling and Auxiliary Engine Operating and Idling Limits. 
All harbor craft subject to thi s subsection shall m eet the following requirements. 
(1)   Except as provided in subsections (1)(A)- (E) below, bBeginning on January 1, 
2024,  no vessel subject to this s ubsection shall idle propulsi on engines, or idle 
or operate auxiliary engines with a power rating of 99 kW or less for more than 
15 consecutive minutes when docked, berthed, or moored at any facility. Quick 
engine accelerations, restarting the engine while otherwise idling, or other 
operational maneuvers intended to circumvent the idling limit are still 
considered continuous idling . The idling and operational limits do not apply to: 
(A)   Idling at dedicated facilities used for the testing, servicing, or repairing of 
engines; 
(B)   O peration of auxiliary engines that are not electric generators while at a 
dockside location ; 
(C)  Idling or operation that meets the definition of emergency operation ; 
(D)  Idling or operation at facilities where shore power is not available or not 
required pursuant to vessel visit thresholds as defined in subsection (i) ; and 
Page 103 of 124 (E) Idling or operation for up to 30 co nsecutive minutes is permitted for the 
initial start -up of a vessel each day, after a vessel arrives at a dock at the 
end of a work period, or prior to initial operation in a new work period 
after engines are restarted, or when a shift or crew change occurs on any 
vessel type. A new work period is defined as beginning when the main 
engines have been shut off for fours hours or longer. 
(2)   Vessel owner and operator shore power responsibilities.  If shore power is 
selected as a compliance method to have auxiliary power while at dock , vessel 
owners and operators must install, maintain, and operat e equipment on their 
vessel that are needed to draw power provided by shore power connection s. 
(3)   If vessel owners or operators require use of harbor craft shore power up to 99 
kW, the facility owners/ operator s must provide available access to power and 
accessible connection points as outlined in subsection ( i)(1).  
(i) Facility Infrastructure Requirements. 
(1) Facility Owner and Facility Operator Shore P ower Requirements . 
Facility owner s and facility operators are jointly responsible for, and must provide land-
side shore power infrastructure sufficient to provide all auxiliary power needs, up to 99 
kW for each vessel docked at their facilities as needed for vessel owners and operators 
to comply with the requirements as set forth in subsection (h) . 
(A) By January 1, 2024, shore power must be made available a t all facilities 
pursuant to the following criteria: 
1. The requirements of this subsection apply to any facility at which that 
allows more than 50 commercial harbor craft vessel s visits per calendar 
year. 
2. For the purpose of this subsection, a vessel visit is a period of time 
lasting between 1 and 24 hours where a vessel operates its auxiliary 
engines while at dock .  For example, 50 different vessels operating 2 
hours each, or 1 single vessel operating consecutively for 50 days, 
would each equal 50 visits for a given facility. 
3. Facility owners and facility operators are jointly responsible for , and 
must purchas e, install and maintain all infrastructure needed to support 
Page 104 of 124 vessel operator shore power requirements in subsection (h)(3) of this 
section. 
a. A facility owner or operator that is not able to install the 
infrastructure required by subsectio n (i)(1)( AB) by January 1, 2024, 
may request compliance extension from the E.O., following the 
procedures outlined in subsection (e) (12)(E)(1). 
(B) Facility owners and operator s shallmust install shore power for vessels that 
require up to 99 kW per vessel docking berth . Idling and auxiliary 
operation limits set forth in subsection (h) (1) do not apply to auxiliary 
engines above 99 kW. Therefore, aAny vessel shore power needs greater 
than 99 kW per vessel are not the responsibility of facility 
owners/ operators. 
(C) If distributed generation is used to supply shore power, the electricity 
generated must meet the emissions standards associated with the 
definition of “distributed generation” defined in subsection (d) . 
(D) Facility owners or facility operators whose facilities did do not receive 
allow 50 vessel visits or more per calendar year in the previous two 
calendar years at their location and do not have shore power infrastructure 
for vessels are required to submit an exemption request to the E.O.  The 
request must include records or an estimate of vessel visits for a minimum 
of the past t wo calendar years prior to January 1, 2024 .  The E.O will 
review and make a decision on the request within 30 days.  The facility 
owners or operators who receive approval for an exemption must keep 
records of the number of vessel visits in each calendar year and records 
must be made available upon request by CARB. If a facility whose owner 
or operator who has received an exemption receives allows 50 or more 
visits in a calendar per year, the facility owners or o perators must provide 
shore power by January 1 of the year that is between 12 and 24 months 
after the facility allows more than 50 visits in a calendar year.  For example, 
a facility covered by an exemption in 2025 who allows more than 50 visits 
in 2025 w ould need to provide shore power for all vessels visiting the 
facility by January 1, 202 7. 
(2) Facility Owner and Facility Operator ZEAT Infrastructure Requirements. 
The requirements of this subsection apply to any facilit y where ZEAT vessels dock or 
moor at its location. 
Page 105 of 124 (A) Facilities where ZEAT vessels dock or moor must allow the installation of 
charging or fueling infrastructure needed to power such ZEAT vessels. 
(B) Facility owners and facility operators are jointly responsible for 
cooperating with vessel owner s/operators to allow for surveying, 
permitting, construction, installation , and maintenance of the necessary 
charging or fueling infrastructure required to effectively operate ZEAT 
vessels. 
(3) Vessel Owners/Operators ZEAT Infrastructure Requirements. 
(A) ZEAT vessel owners/operators own and are responsible for purchasing, 
installing, and maintaining ZEAT infrastructure. 
(j) Facility Recordkeeping and Reporting Requirements. 
(1)   Facility owners or facility operators shall provide  a list of all vessel tenants 
subject to this subsection that have use agreements, to rent or lease a slip or 
dock, berth, or moor for seven (7) days or longer (per month) at the reporting 
facility , or any num ber of visits for a marine oil terminal .  This list of vessel 
tenants shall be reported to CARB no later than July 1 , 2023 and every year by 
July 1 on an annual basis thereafter and shall follow the procedures as set forth 
in subsection ( u) and contain the following information: 
(A) Facility Information. 
1. Applicable facility name; 
2. Applicable facility address, state, zip code; 
3. Applicable facility geographic coordinates, using a series of latitude 
and longitude, or alternatively a geographic information system shape file or “geofence”, delineating the property boundaries; 
4. Property owner name; 
5. Applicable facility owner or operator ; 
6. Applicable facility owner or operator address; and 
7. Responsible official and applicable facility owner or operator contact 
information. 
(B)   Vessel CARB UVI, v essel name, vessel type, and if no CARB UVI is available, 
or prior to January 1, 20 24, one of the following unique identifying 
numbers: US Coast Guard Documentation Number, California Department of Motor Vehicles CF number, or International Maritime Organization number. 
Page 106 of 124 (C)   Vessel owner/operator information including: 
1.  C ompany name; 
2.  C ompany mailing address; 
3.  Primary contact; 
4.  Vessel owner/operator primary phone number; and 
5.  Vessel owner/operator e- mail address. 
(D)   Start date of vessel and facility use agreement. 
(E)   Dock, berth or slip location or number at facility. 
(F)  If applicable, the end date of a use agreement indicating when a vessel has 
left the facility. 
(G) If the facility does not provide shore power to all harbor craft visiting the 
facility, and the facility allows fewer than 50 vessel s visits ed the facility in 
the previous calendar year per year total , the annual number of visits that 
occurred in the previous calendar year. 
(2)   Facilities with land-side infrastructure , to support the use of shore power for 
vessels while at dock, must report the following additional information by 
January 1, 2024 , or within 30 days of infrastructure completion if built after 
January 1, 2024 , and reporting shall be performed according to the procedures 
as set forth in subsection (u): 
(A)   Infrastructure type, manufacturer, serial number, and installation date; 
(B) Equipment type supported, number of vessels supported , and number of 
plugs ; and 
(C) Amperage and voltage for each connection. 
(3)   Beginning January 1, 2023, any person subject to this sub section shall retain 
and maintai n daily records in English, which contain the following information 
for at least three years following the date when the records were made , and be 
supplied to the E.O. within 30 days of a request from CARB staff : 
(A) Date, local time, and position (e.g. slip number) for each vessel tenan t, and 
if applicable, the d ate of vacancy for each vessel tenant. 
Page 107 of 124 (k) Opacity Testing and Emission Control Repair Requirements. 
This subsection applies to all main propulsion and auxiliary engines operating on all 
vessels (including commercial fishing vessels) , low-use engines regardless of engine 
model year, engine tier level or compliance date .  Applicable opacity limits as set forth 
in subsection (k)( 2) must be met whenever the test procedure is administered. 
(1) Test Pr ocedure and Repair Requirements. 
Opacit y testing shall be performed, and opacity must be measured , and 
evaluated using Society of Automotive Engineers “Surface Vehicle 
Recommended Practice, Snap Acceleration Smoke Test Procedure for Heavy-Duty Powe red Vehicles” (SAE J1667, February 1996), which is incorporated b y 
reference herein. 
(A) For the purpose of this subsection, smoke opacity shall be measured at a 
location in the engine exhaust stream after the DPF (if installed) but before 
the point/loca tion of any seawater injection into exhaust , utilizing either a 
full-or partial -flow opacity meter. 
(B) The following test sequence shall be used for adapting the SAE J1667 test 
procedure to main propulsion engines, which is incorporated by reference 
herein : 
1. Transit vessel to a safe location in open waters 
2. Stop vessel, clutch- in with engines at idle 
3. Transition controls from idle to full throttle within 2 seconds 
4. Record opacity measurement for 15 seconds or until engines reach full power, whichever is longer 
5. Repeat test procedure five more times 
6. Final opacity measurement will be the average of the 0.5- second 
maximum of the last three accelerations 
(C)   Individuals conducting opacity tests must have completed applicable 
training from the California Council on Diesel Education and Technology (CCDET) and obtained certification on the proper administration of the 
specified test procedure. Society of Au tomotive Engineers “Surface Vehicle 
Reco mmended Practice, Snap Acceleration Smoke Test Procedure for 
Heavy- Duty Powered Vehicles” ( SAE J1667, F ebruary 1996), which is 
incorporated by reference herein. The E.O. may approve or offer 
alternative training courses that satisfy this requirement. 
Page 108 of 124 (D) If it can be demonstrated that complying with the requirements of 
subsection (k)(1) is not feasible due to a safety concern, or the engine 
configuration, then an alternative compliance method may be used if 
approved by the E.O.  In approving a request for use of an alternative method, the E.O. shall consider whether the owner/operator is able to 
demonstrate that alternative method will be able to detect increase in soot 
accumulation rates in the aftertreatment control device and whether the 
owner or operator is able to demonstrate that they will be able to provide 
necessary maintenance and repair. 
(E) If a Category 2 or Category 3 engine does not meet opacity limits as set forth in sub section (k)(2), a letter or attestation demonstrating that the 
engine is in proper operating condition may be considered as an 
alternative compliance method with opacity requirements if approved by 
the E.O.  If t The letter or attestation is must be provide d by a certified 
third -party SAE-certified technician or OEM engine factory- , distributor- , 
or dealership -certified technician and demonstratesing that the engine is 
in proper operating condition , the E.O. will approve the letter o f 
attestation as an alternative compliance method . 
(F) CARB may perform confirmatory opacity testing in the f ield, or audit 
opacity test records at any time. Additionally, upon having information 
that an engine may be operating with emission control malfunctions, the 
E.O. can request a vessel owner or operator to provide the E.O. for an 
engine or emission control system inspection report from a factory-
certified engine or emission control system dealer/distributor engine 
within 30 days. The engine or emission control system inspection report 
must contain all of the information specified in subsection (m)(18) and a 
summary of an inspection conducted by a factory- certified technicia n of 
the make and model of the engines and any emission control devices or 
systems installed on the vessel, the technician’s assessment whether the 
engines and emission control devices or systems are within engine and emission control device system mechanical specifications and operational limits, and identification of ob servable mechanical or operational defects. 
The owner/operator is responsible for performing any corrective action 
and reporting to CARB within 30 days of receiving an engine or emission 
control system inspection. 
(G)   Swing engines are not subject to subsection (k) when maintained at a 
dockside location, but are subject to subsection (k) once installed into a vessel. 
Page 109 of 124 (2)   Opacity Limits for Main Propulsion and Auxiliary Engines . 
No engine shall exceed the smoke opacity levels provided below when tested 
in accordance with this subsection. 
(A) Engines meeting the Tier 3 + DPF or Tier 4 + DPF performance standards, 
tested shall not exceed 5 percent smoke opacity. 
(B) Engines without DPFs tested shall not exceed 40 percent smoke opacity . 
(3)   Biennial Testing Requirements for Main Propulsion Engines. 
(A)   By March 31, 202 4, a vessel owner/operator subject to this subsection shall 
perform opacity testing and repo rt the test results to CARB biennially 
(every two years) along with other reporting requirements outlined in 
subsection (o). For all engines, o Opacity testing must be performed on 
each main propulsion engine, and results reported to CARB , once every 
two two -year period ending , and reported to CARB by March 31 of each 
even- numbered  calendar year (i.e. 2024 , 202 6, 202 8, etcetera ). For 
example, opacity test results that must be reported to CARB by March 31, 2026 need to have been performed on the engines between April 1, 2024 and March 31, 2026. 
(B)   Engines with model year 2020 or newer model year engines are exempt 
from biennial testing in this subsection (k) (3) until the calendar year that is 
four years after the model year of the engine.  For example, a 202 1 model 
year engine is exempt until 2025, and the first opacity test of the engine 
must be performed and reported to CARB by March 31, 202 6. 
(C)   If any vessel (s) coming from outside of California will be in RCW for more 
than 30 consecutive days, engines are newly installed on a vessel (such as a 
newly acquired engine or a swing engine), or a vessel has been out of service and in dry -dock, opacity testing must be performed and reported 
on all applicable engines within 30 days of operating within RCW , unless 
the engine meets the criteria of subsection (k)(3)(B) or has been tested to 
meet opacity limits within the last two years .  If the vessel remains in RCW, 
the test result s would satisfy opacity testing requirements required by 
March 31 of the next even- numbered calendar year . 
(D) If the opacity test results exceed the applicable opacity limits as set forth 
in subsection (k)( 2), the engi ne, or DPF, or other emission control system 
shall be repaired and retested within 30 calendar days from the date of the 
Page 110 of 124 failed opacity test or the engine shall be taken out o f service.  The 
informationrecords of opacity testing and repair must shall be recorded as 
specified in subsection (m)(18 ).  Before being put back into service the 
engine, DPF, or other emission control systems shall be repaired such that 
it meets the opacity requirements before being returned to service. A 
post-repair opacity test shall be performed to determine if the measured 
opacity is within the requirements in subsection (k)( 2). The engine may be 
returned to service if the post -repair opacity mee ts the opacity limits in 
subsection (k)(2). 
(E) If the post -repair opacity exceeds is greater than the applicable opacity 
requirement s limits in subsection (k)( 2), the engine shall remain out of 
service.  The engine may be returned to service if it can be repaired so that 
the post -repair opacity meets opacity limits in subsection (k)( 2). The 
records of opacity testing and repair must be maintained as specified in 
subsection (m)(18). 
(4) Opacity Compliance Requirements for Auxiliary Engines. 
(A) Auxiliary engines are subject to meeting the opacity limits as set forth in 
(k)(2), but are not subject to biennial testing requirements . 
(B) If auxiliary engines do not meet opacity limits , the vessel owner/operator 
has 30 days to repair the engine, demonstrate it meets applicable opacity 
limits, and notify CARB of the repair and subsequent testing results. 
Opacity of exhaust from auxiliary engines must be measured using the test  
Method 9 – Visual Determination of the Opacity of Emissions from 
Stationary Sources as described in 40 CFR, Chapter I, subchapter C, Part 
60 Appendix A -4 as it existed on September 26, 2022, which is 
incorporated herein by reference.   Auxiliary engines that do not meet 
opacity limits must be taken out of service within 30 days from initially not 
meeting opacity limits. 
(l) Compliance Fee Requirements. 
This sub section applies to owners or operators of all commercial harbor craft subject 
to this subsection,  except for commercial fishing vessels: 
(1) Fees are assessed based on the number of main engines and number of vessels 
of the m ost up -to-date information reported to CARB as of March 31 of each 
Page 111 of 124  calendar year; no fees are assessed for auxiliary engines operating on harbor 
craft. 
(2) The E.O. shall assess and collect reasonable fees for deposit in the Certification 
and Compliance Fund to recover the estimated costs of the E.O. administering 
this subsection. 
(3) Fees shall be due and payable to CARB by September 1 of each calendar year 
beginning in 2023. 
(4) Fees are nonrefundab le except in circumstances as determined by the E.O . 
(5) Owners or operators of vessels must submit fees to the E.O. in accordance w ith 
the fee schedule, including late fees as applicable, in Table 23. A late fee is 
required to be paid if CARB does not receive the annual fee any payment 
received after by September 1st that. The late annual fees and late fee must be 
paid by December 31 st of the s ame calendar year fees are due.  
Table 23 .  Annual Fees for Owners or Operators of Regulated In -Use Vessels 
Category Fee Amount 
Per vessel , for single -vessel fleets $364 
Per vessel, for all other fleets $486 
Per main engine, for single -vessel fleets $297 
Per main engine, for all other fleets $396 
Per main engine, if complying by low -use exception as 
set forth in subsection (e)(14) $594 
Late fee, per vessel $130 
Late fee, per engine $86 
For example, for a vessel in a multi -vessel fleet with two main engines, the vessel 
owner or operator shall pay a total of $ 486 + ($396 × 2) = $1,278 per year for that one 
vessel .  If the operator fails to pay this amount by September 1st, an additional 
$130 + ($86 x 2) = $ 302 would be required for this vessel. For a fleet with one vessel 
only, with three main engines total, one of which is a low -use engine, the vessel owner 
or operator shall pay a total of $ 364 + ($297× 2) + $594 = $1,552 per year. If the 
operator fails to pay this amount by September 1st, an additional 
$130 + ($86 x 3) = $388 would be required for this vessel. 
(gm) Recordkeeping Requirements. 
Beginning January 1, 2009, the owner or operator of a harbor craft must maintain the 
records specified in this subsection on the vessel or at the vessel’s 
Page 112 of 124 homeport homebase for the life of each engine subject to this section, including fleet 
swing engines and marinized land -based engines. Records required beginning on 
January 1, 2023 must be retained beginning January 1, 2023. The owner or operator 
must provide such record s for inspection to an agent or employee of CARB upon 
request for all harbor craft subject to this section.  Records may be provided as a hard 
copy, electronic, or any alternative reporting strategy approved by the E. O., except as 
provided in subsection (m )(21)(C). Records provided by the person under this 
provision must include, at a minimum, the following (if applicable) : 
(1)   Owner or Operator Contact Information: 
(A)   Company name; (B)   Contact name, phone and fax number, address, e-mail address; 
(C) Address where vessel is registered prior to January 1, 2023; Address 
where company is located on and after January 1, 2023; and 
(D) Reporting year. 
(2) Vessel information: (A) Harbor craft name; 
(B) Specify vessel use(s) (ferry, excursion vessel, tugboat, ocean -going 
tugboat, towboat, push boat, work boat, commercial fishing vessel, charter 
fishing vessel, crew and supply vessel, pilot vessel, or other if none of the preceding apply; On and after January 1, 2023, vessel uses include: 
barge -ATB,  barge -bunker, barge -other, barge -petrochemical, commercial 
fishing, commercial passenger fishing, crew and supply, dedicated 
emergency response, dredge, excursion, ferry (catamaran ), ferry 
(monohull ), ferry ( short -run), oil spill response, pilot, research, tugboat -
ATB, tugboat -escort/ship- assist, tugboat -push/tow, or workboat ; 
(C) Vessel homeport prior to January 1, 2023 ; Vessel homebase on and after 
January 1, 2023; 
(D) Vessel build year; 
(E) U.S. Coast Guard documentation number; 
(F) California Fish and Game license number; 
(G) International Maritime Organization (IMO) number; 
(H) Call Sign number; and 
(I) Maritime Mobile Service identity number. 
(3) Engine Information (for each diesel engine on the vessel prior to January 1, 
2023,  and for all engines on and after January 1, 2023, including swing 
engines): (A) Current hour meter reading; 
(B) Make of engine; 
(C) Model of engine; 
Page 113 of 124 (D) Engine family (if applicable); 
(E) Engine serial number; 
(F) Year of manufacture of engine (if unable to determine, provide its 
approximate age) prior to January 1, 2023; Engine model year on and after 
January 1, 2023; 
(G) Rated brake horsepower; 
(H) Total engine displacement; and 
(I) Number of cylinders. 
(4) Operational Information: (A) Describe the general use of engine (propulsion or auxiliary engine); 
(B) Total annual hours of commercial operation, based upon readings of the 
non-resettable hour meters for previous calendar year per engine (for 
engines without an hour meter before 2009, provide an estimate) , and 
records retained in the following item s in this list ; 
(C) Total hours of operation per calendar year in each of the regulated in -use 
vessel categories, other commercial operation, and non -commercial 
operation within and outside of RCW , based upon readings of the non-
resettable hour meters for previous calendar year per engine and as needed, daily operational logbooks ; 
(D) Estimated annual fuel usage per engine; and 
(E) Estimated percent operating time as a function of distance from shore at 
the distances below: 
1. 0-3 nautical miles; and 
2. >3-24 nautical miles; and 
3. >24 nautical miles from shore. 
(5) Control Equipment (if applicable): 
(A) Type of diesel emission control strategy; 
(B) Manufacturer of installed di esel emission control strategy; 
(C) Model of installed diesel emission control strategy; 
(D) Level of control – air pollutants controlled and percent reductions; 
(E) Emission control serial number; 
(F) Date control equipment installed. 
(6) Maintenance records for each installed engine and diesel emission control strategy: (A) Hour meter reading at last top end rebuild (i.e., less than full rebuild); 
(B) Hour meter reading at last full engine rebuild; and 
(C) Number of times full engine rebuild completed. 
Page 114 of 124 (7) The retirement date for each near -retirement vessel for which an owner or 
operator is claiming an exemption pursuant to subsection (c)(13). This 
subsection is only applicable until December 31, 202 2. 
(8) This subsection is only applicable until December 3 1, 202 2.  For each engine for 
which the model year is determined using the “Engine’s Model Year + 5” 
method pursuant to subsection (e)(6)(D)2: 
(A) the name and contact information (representative, address, and phone 
number,  and e -mail address) for the manufacturer of the emission control 
strategy 
(B) the name and type of emission control strategy; 
(C) the installation date of the emission control strategy ; and 
(D) if a VDECS is not being used for this purpose, the test plan, and the data demonstrating the emission reductions achieved due to the emission control strategy. 
(9) For each engine for which an owner or operator is claiming an extension pursuant to subsection (e)(6)(E)3 or (e) (12)(E)5, the purchase order or signed 
contract between the owner or operator and seller of the new engine or 
equipment that has been purchased to comply with subsection (e)(6)(C) , and 
(e)(6)(D), (e) (12)(C) and (e)(12) (D). 
(10) For each engine an owner or operator claims to have replaced, for purposes of 
compliance with the requirements of (e)(6) or (e) (12), written documentation 
that the engine has been: dismantled, destroyed, or sold out of Sstate. 
Alternately, the engine may be used to replace an older engine if: (A) The older engine is subject to the in- use engine requirements, and 
(B) the original compliance date of the older engine is retained for the newer engine. 
(11) Records for each engine or VDECS must be retained by the owner or operator 
for the entire engine or VDECS life. 
(12) All records specific to an E.O. approved ACE plan. 
(13) All records specific to a BACT approved by the E.O. pursuant to subsection (e)(5).  This subsection is only applicable until December 3 1, 202 2. 
Beginning January 1, 2023 , the owner or operator of a harbor craft must maintain the 
following additional records: 
Page 115 of 124 (14) Vessel Information: 
(A) A photo of the vessel; 
(B) Vessel activity description; 
(C) Percent time operated in each vessel category ; 
(D) Vessel overnight berthing/mooring location in RCW (if applicable) , or 
specify whether vessel transits interstate continuously stopping only for commerce or at anchorages ; 
(E) Whether the vessel operates exclusi vely or periodically in RCW , and where 
the vessel operates most often within RCW ; 
(F) California DMV CF number (if applicable) ; 
(G) Documentation of purchase transaction indicating the date, selling party, and purchasing party name ; 
(H) If sold, the date of sale, the p urchasing enti ty name and contact 
information ; and 
(I) Whether any air quality incentive funding is received, and associated 
funding information, such as the amount, funding source, grant number, and a description of equipment (vessels or engines) covered. 
(15) Engine Information (for e ach diesel engine on the vessel, including swing 
engines): (A) General location on vessel (port, starboard, center, bow, upper deck , off-
vessel swing engine, or other) ; and 
(B) Engine Tier level (e.g. Off -Road Tier 3, Marine Tier 4). 
(16) Operational Information: 
(A) Record the operating time if a vessel is used to perform emergency 
operations . 
(17) Control Equipment (if applicable): (A) Diesel Exhaust Fluid (DEF) consumption if engines equipped with Selective Catalytic Reduction (SCR) systems; and 
(B) Installer information for retrofit DPFs and SCRs (e.g. in staller name, 
address, phone, and e-mail address) . 
(18) Records of Opacity Testing and Emission Control Repair : 
(A)   Brand name and model of the opacity meter; 
(B)   Dates of last calibration of the opacity meter and chart recorder; 
(C)  Name , phone number and email address of the opacity meter operator 
who conducted the test; 
(D)  Name and address of the con tracted opacity test facility or engine repair 
facility that conducted the test (if applicable); 
Page 116 of 124 (E)   Unique Vessel I dentifier (if issued) or other unique vessel identifier (such as 
IMO Number , DMV CF Number , USCG Number ), vessel’s engine model, 
engine make, engine model year, engine family n umber if applicable, 
engine serial number, and test date; 
(F)   Test date, hour meter reading at start of the test, and in itial smoke test 
opacity levels (for three successive test readings) and average of the three 
readings , and test strips or electronic records of raw test data ; 
(G) Indication of whether the engine pa ssed or failed the initial opacity test; 
(H) If test failed, date engine was taken out of service and hour meter reading on that date; 
(I)    For engines that have failed t he opacity test and been repaired, the 
following information: 
1.  Name of the mechanic(s); 
2.  D ate of the repair; 
3. Hour meter reading at start of repair; 
4.  A statement identifying failed components, reasons for failure, and the 
nature of the repairs made; and 
5.  An itemized list of parts used in the repair . 
(J) Post-repair test date and hour meter readings of post -test; 
(K)   Post-repair smoke test opacity levels (for three successive test readings), 
and average of the three readings; 
(L)   Indication of whether the engine passed or failed the post -repair opacity 
test, and test strips or electronic records of raw test data ; and 
(M) Date engine put back in active service and current hour meter reading at 
the time the engine was returned to ser vice. 
(19) For each vessel adopting ZEAT, the following information shall be kept: 
(A) Manufacturer, model number, and model year of each component of a ZEAT system ; 
(B) Maintenance procedures for the component(s), engine(s) and its related 
equipment for powertrain; 
(C) Hours of operation and fuel usage for any onboard combustion engines; 
(D) Hours of operation and fuel usage for zero -emission systems, including 
electricity in units of kilowatt hours (kWh) , hydrogen in units of kilograms 
(KGkg ), or other metrics for zero- emission tailpipe fuels; 
(E) If a combustion engine on a zero- emission vessel with a combustion 
engine is operated more than 20 hours/year, or combustion engine power 
on a zero- emission capable hybri d vessel is operated more than 70 percent 
annually, documentation of the emergency operations performed while 
they are operated; 
(F) If a zero- emission vessel is a short -run ferry, and operates in another 
vocation ( such as excursion or non- short -run ferry service ), the non-
Page 117 of 124 resettable hour meter reading of any internal combustion engines at the 
beginning and end of each non-short -run ferry service and a description of 
the activity; 
(G) If a ZEAT temporary replacement vessel operates on a zer o-emission short -
run ferry route , hourly activity data of (C) and (D) above operating on a 
short -run ferry route shall must be retained and reported separately from 
annual repor ting within 30 days of the initial operation of the temporary 
replacement vessel ; 
(H) Annual operating hours for each one-way ferry route 3 nm or less, if a 
vessel owner/operator operates a short -run ferry that meets applicable 
ZEAT requirements; and 
(I) All other records specific to a particular ZEAT required by its approval 
process or as required by the E.O. pursuant to subsection (e)( 10)(C). 
(20)   For each vessel adopting ZEAT, the following information about land -side zero-
emission infrastructure (except for land -side shore power infrastructure) shall be 
kept: 
(A)  Infrastructure Land- side infrastructure type, manufacturer, serial number, 
and installation date; 
(B) Equipment on the vessel type supported by the land -side infrastructure 
recorded pursuant to subsection (m)(20)(A) , and number  of equipment 
supported; 
(C) Capacity (fuel/energy storage volume), amp/voltage; and 
(D) Public or private use, number of plugs. 
(21) For commercial passenger fishing vessels receiving a one-time , ten- year 
extension as set forth in subsections (e)(12)(E )3.a. and (e)(12)(E )3.d. the 
following information in subsection (A), subsection (B), and either subsection 
(C) or subsection (D), shall be kept for each vessel : 
(A) An annual profit and loss report ; 
(B) Total service days by calendar year; and 
(C) Commercial passenger fishing activity data that contains all of the 
information in subsections 1. through 8. below. Vessel owners or operators 
may maintain a Commercial Passenger Fishing Vessel Logbook to fulfill this 
requirement. If the activity data is requested by an agent or employee of 
CARB, the vessel owner or operator must submit the activity data to CARB 
in .xlsx or .csv format. 
1. A separate log for each trip during a day or for each day of a multi -day 
trip; 
2. For months when no fishing activity occurred, a log completed on the 
last day of the month; 
Page 118 of 124 3. The total number of fishers, including passengers, operators, crew, and 
non-paying guest, as r ecorded prior to departure; 
4. Departure and return times, recorded in military time, i.e., 06:20 hours, 
23:15 hours, etc., and the date of the trip, recorded as the day the 
vessel departed the dock; 
5. On the day of departure for a multi -day trip, actual departure time, and 
the return time recorded as 25:99; 
6. On each subsequent day except the final day of a multi -day trip, 25:99 is 
recorded for both the departure time and the return time; 
7. On the day of return, 25:99 is recorded for the departure time and 
actual return time is recorded; and 
8. Hours and minutes fished on the days that fishing occurs. 
(D) Number  of passenger -days by calendar year , A “passenger -day” is 
considered a single person sport fishing for a full eight -hour day or 
multiple people sportfis hing for shorter periods summing to a full eight -
hour day. For example, an owner offering: a 4 -hour trip to 20 anglers 
would be 10 passenger -days; a 6 -hour trip to 20 anglers would be 15 
passenger -days, and a 3 -day trip to 20 anglers would be 60 passenger -
days. Trip lengths must be calculated to the nearest one- hour increment , 
and passenger -days must be recorded to the nearest tenth of a day. For 
example, a trip including 11 anglers lasting 4 hours and 20 minutes would 
be 11 x 4 hours/8 hours = 5.5 passenger -days. Standard rounding 
convention must be used in calculating and recording passenger days (i.e., fractional passenger days less than x.x5 are not increased (so 1.54 is 
rounded to 1. 5), fractional passenger days equal to or greater than x.x6 
are rounded to the next fraction (so 1.56 is rounded to 1.6), and fractional 
passenger days exactly equal to x. x5 are rounded up or down to make the 
fraction even (so 1.55 rounds to 1. 6 but 1.85 rounds to 1.8) ). 
(hn) Initial and Compliance Plan Reporting Requirements (Applicable Until 
December 3 1, 2022) . 
(1) Initial Reporting of California Harbor Craft Fleet.  By February 28, 2009, a 
person subject to this section must submit the information specified in subsections (g)(m)(1) through (g) (m)(6) for all harbor craft vessels in his/her 
California fleet.  For purposes of this paragraph, “California fleet” means the 
Page 119 of 124 total population of harbor craft under the person’s direct control as of January 
1, 2009. 
(2) Compliance Plan . By February 28 of the year vessel engine compliance is 
required, a person subject to the requirements of subsection (e)(6)(C) and 
(e)(6)(D) must submit a Compliance Plan to the E.O. that describes in detail the 
engine replacements, rebuilds, upgrades, use of DECS, and any other measures 
the person plans to use to meet the requirements of subsection (e)(6)(C) and (e)(6)(D) for each of the person’s engines and harbor craft.  The person may revise the Compliance Plan, as needed, but the person must notify the E.O. within 10 business days of any changes to the Compliance Plan after the initial 
Compliance Plan is submitted.  The Compliance Plan is for the E.O.’s informational and planning use only, and the substantive contents of the plan 
are not binding on either the E.O. or the person who submitted the Compliance 
Plan.  The E.O.’s receipt and acceptance of a submitted Compliance Plan shall not constitute or be interpreted as evidence of compliance with the requirements of subsection (e)(6)(C) or (e)(6)(D). 
(3) Demonstration of Compliance.  By no later than the applicable compliance date specified in subsection (e)(6)(D), a person subject to the requirements of subsection (e) must provide the following information to the E.O.: 
(A) All information specified in subsections (g) (m)(1) through (g)(m)(6), and 
(B) The implementation date and the emission control strategy implemented 
for each engine in accordance with the requirements of subsection (e)(6)(D) and (e)(6)(C), respectively, for purposes of demonstrating compliance. 
(4) Reporting for Change of Annual Hours of Operation, Vessel Category/Use, 
Transfers of Vessels, Change of Ownership of Vessel or Engine, or Vessel Operation in Regulated California Waters. 
(A) A person subject to this section must submit to the E.O. the inf ormation 
specified in subsection (g) (m)(1) through (g) (m)(6) within 30 days of a 
significant change of annual hours of operation (i.e., enough to change the 
engine’s compliance date), vessel category/use, purchase, lease, rental, or change of ownership of the vessel or engine.  In the case of a purchase, 
lease, rental, or change in ownership, the party in control or possession of 
the engine or vessel after the transaction is responsible for meeting the requirements of this paragraph; 
Page 120 of 124 (B) A pe rson subject to this section must submit to the E.O. the information 
specified in subsection (g) (m)(1) through (g) (m)(6) within 30 days of the 
initial operation of a vessel brought into Regulated California Waters; 
(C) Within 90 days of a significant change of annual hours of operation, vessel 
category/use, purchase, lease, rental, change of ownership, or initial operation of a vessel brought Regulated California Waters, or by the earliest applicable compliance date specified in subsection (e)(6)(D), which ever is later, a person subject to subsection (e)(6) shall submit a new 
Compliance Plan with the updated information pursuant to the Compliance Plan requirements specified in paragraph 2 above. 
(o) Vessel Owner/Operator Reporting Requirements (Applicable On and After 
January 1, 2023). 
(1) Annual Reporting of California Harbor Craft Fleet.  Beginning January 1, 2023, a person subject to this subsection  must submit the information specified in 
subsections (m)(1) through (m)( 6) and applicable records required by (m)(14) 
through (m)(2 01) annually for all harbor craft vessels in their California fleet b y 
March 31 of each year.  For purposes of this subsection , “California fleet” 
means the total population of harbor craft that operate in Regulate d California 
Waters for any amount of time during the reporting year under the person’s 
direct control .  
(2) Other Reporting for Change of Annual Hours of Operation, Vessel 
Category/Use, Transfers of Vessels, Change of Homebase , Change of Hour 
Meter,  Change of Ownership of Vessel, Engine,  or VDECS , or Vessel Operation 
in Regulated California Waters, including any temporary repl acement vessel 
operation . 
(A) A person subject to this sub section must submit to the E.O. the 
information specified in subsections (m)(1) through (m)(6) and applicable 
records required by subsections (m)(14) through (m)( 201) within 30 days of 
a significant change of annual hours of operation that would affect the 
eligibility of the vessel for a low -use exception(i.e., from low-use hour to 
above low -use limit) , vessel category/use, change of hour meter, or 
purchase, sellsale, lease, rental, or ch ange of ownership of the vessel, 
engine , or VDECS .  In the case of a purchase, sellsale, lease, rental, or 
change in ownership, both the party parties in control or possession of the 
engine or vessel before and after the transaction is are responsible for 
meeting the requirements of this subsection; 
Page 121 of 124 (B) A person subject to this sub section must submit to the E.O. the 
information specified in subsections (m)(1) through (m)(6) and applicable 
records required by subsections (m)(14) through (m )(201) within 30 days of 
the initial operation of a vessel brought into Regulated California Waters; 
(C) A person subject to this sub section must submit to the E.O. the 
information specified in sub sections (m)(1) through (m)(6 ) and applicable 
records required by subsections (m)(14) through (m)( 201) within 30 days of 
transferring a vessel from a California facility to a location outside of 
California, or transferring the vessel to a new homebase establishing a new 
facility within California . 
(ip) Violations. 
(1)   A person who is subject to this section and commits a violation of any 
provision, standard, criteria, or requirement in this section is subject to the 
penalties, injunctive relief, and other remedies specified in Hea lth and Safety 
Code H&S section s 39674, 42400 et seq.; H&S section 42402 et seq.; other 
applicable sections in the Health and Safety Code; and other applicable 
provisions as provided under California law for each violation.  Nothing in this section shall be construed to limit or otherwise affect any applicable penalties 
or other remedies available under federal law. 
(2)   Any failure to meet any provision, standard, criteria, or requirement in this 
section, including but not limited to the applicable emission limits; 
recordkeeping requirements; and ACE provision, including the requirements of 
any approved ACE plans, shall constitute a single, separate violation of this 
section for each hour that a person operates a vessel within the Regulated California Waters until such provision, standard, criteria, or requirement has been met. 
(3)   A person who is subject to this section is liable for meeting the requirements of this section, notwithstanding any contractual arra ngement that person may 
have with any third -parties. 
(jq) Methods to Demonstrate Compliance with Engine and Fuel Standards. 
(1)   Diesel PM, NO
x, NO, CO, HC, NMHC, and CO 2 testing must be done in 
accordance with the applicable method specified in the following procedures: International Organization for Standardization (ISO) 81782: 1996(E) (“ISO 8178 Part 2”); (2) ISO 8178- 4: 1996(E) (“ISO 8178 Part 4”); and applicable metho ds 
and procedures specified in 40 CFR Part 94 (as amended in 2007), all of which 
Page 122 of 124 are incorporated herein by reference, or 40 CFR Part 1042 for marine engines 
or in 40 CFR Part 89 or 40 CFR Part 1039 for nonroad (off -road) engines, as 
those Parts existed on April 27, 2010.  Each of the procedures specified in this 
subsection is incorporated by reference herein. When conducting testing 
procedures, engines may be fueled using CARB diesel, or U.S. EPA nonroad 
diesel fuel meeting the specifications contained in 40 CFR 80.29 as it existed 
on April 27, 2010, and 69 FR 38958 (June 29, 2004). 
(2)   The E.O. may approve in writing any alternative test method not specified in 
paragraph (1) above that the method’s proponent has demonstrated to the 
E.O.’s satisfactio n provides equivalent or better results to the methods in 
paragraph (1). 
(kr) Right of Entry. 
An agent or employee of the C ARB has the right of entry to board any harbor 
craft for the purpose of inspecting propulsion and auxiliary engines, emission 
control strategies, fuel systems, and fuel storage; collecting fuel sample(s) not 
to exceed one liter per fuel tank; and acquiring and inspecting records required pursuant to this section. 
(ls) Severability. 
If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this regulation is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be 
deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulation. 
(mt) Submittal of Documents (Applicable Until December 3 1, 2022) . 
(1) All documents and fees required under this regulation must be submitted to the 
Executive Officer as follows: 
California Air Resources Board Stationary Source Emissions Assessment Control Strategies Section, Harbor Craft P.O. Box 2815 Sacramento, California 95812- 2815 
(2) Electronic submittals of information associated with compliance with this section may be approved by the E.O. upon request, provided such electronic 
Page 123 of 124 submittals use digital signatures that meet the requirements specified in 
Government Code section 16.5.  The E.O. may request the submittal of a hard copy of any electronic submittal. 
(u) Submittal of Documents (Applicable On and After January 1, 2023) . 
(1) Beginning January 1, 2023, all documents , reporting , and fees documentation 
and reports required to be submitted under this regulation must be submitted 
to the E.O. CARB electronically via a CARB reporting system implemented to 
assist with document submittals of this section, by e- mail to 
harborcraft@arb.ca.gov, or a hard copy to the E.O. as follows following address : 
CHIEF , TRANSPORTATION AND TOXICS DIVISION 
CALIFORNIA AIR RESOURCES BOARD C/O COMMERCIAL HARBOR CRAFT 
1001 I STREET 
SACRAMENTO, CA 95814 
(2) All information documentation and reports submitted to CARB shall must be: 
(A) Written in the English language; and 
(B)   True, accurate, and complete, signed under penalty of perjury by individual(s) with the authority to certify that the regulated party comply with ap plicable requireme nts of this r egulation. 
NOTE:  Authority cited:  Sections 38505, 38510, 38560, 38566, 38580,  39600, 39601, 
39650, 39658, 39659, 39666, 39730, 39730.5, 41511, 43013, and 43018, and 43019.1, 
Health and Safety Code. Reference: Sections  38505, 38510, 38560, 38566, 38580, 
39650, 39658, 39659, 39666, 39730, 39730.5, 41510, 41511, 43013, and 43018, and 
43019.1, Health and Safety Code. 
Page 124 of 124