Final Regulation Order 
Commercial Harbor Craft Regulation 
[Note: The 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. ] 
Amend section 2299.5, title 13, division 3, chapter 5.1 of th e 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. (a) 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 to 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 affec ted persons of the Harbor Craft fuel use requirement and other provisions in that 
section. 
(b) 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 section 93118.5(d), title 17, CCR, must comply with the renewable diesel 
fuel requirement in section 93118.5(e)( 7), and other requirements in section 93118.5, 
when operating the craft within Regulated California Waters, as defined in section 
93118.5(d), except as provided in sections 93118.5(b), (c), and (e)( 7)(B). 
Notwithstanding the definition of “harbor craft” in section 93117(b)(4) and section 
2299(b)(4), title 13, CCR , the renewable diesel fuel requirement in section 
93118.5(e)( 7) applies to all dredges, articulated tug barges, and petrochemical tank 
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    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 compri sed of “continuous and expeditious navigation” through Regulated 
California Waters, as provided in section 93118.5(c)(1). This section shall not be 
construed as expanding or limiting either the application or requirements of section 93118.5, but is intend ed 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 , and 43018, 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). 
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   Section 93118.5.  Airborne Toxic Control Measure for Commercial Harbor Craft. 
(a) Purpose and Intent . 
The purpose and intent of this 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). 
(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 is subject to the regulations cited in 
subsection (2)(A) or (2)(B), the requirements of this section shall be controlling . 
is subject to the requirements of this section, and either: 
(A) the r Regulation s for portable compression ignition (CI) engines and 
equipment units (sections 93116- 93116.5, title 17, California Code of 
Regulations (CCR)) ., or 
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 (B) the r Regulation s 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, section 2299.1 and title 17, CCR, section 93118, tThis section applies shall apply to any ocean -going 
tugboats or andtowboats and shall superse des the requirements of 13 CCR 
sections 2299. 12 and 2299.3 and 17 CCR sections 93118.2 and 93130- 93130.20 
in their entirety for ocean -going tugboats or andtowboats . 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 of documenta tion, 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 oth er federal 
requirements. Any person subject to this section shall be responsible for 
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 no t limited to, obtaini ng 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: 
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 (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 
perso ns, 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 tempo rary 
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 othe r provisions in 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 di sapprove 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-
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      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, tT he 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 sub ject to this paragraph provision . 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 
(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 fuel vessel that carries six or fewer 
passengers that is not required to be documented with the U.S. Coast Guard 
pursuant to title 46, Code of Federal Regulations ( CFR), Part 67.7 (September 
25, 2009) and title 46, CFR, Part 67.9 (November 15, 1993), both of which are 
incorporated herein by reference, is exempt from this section in its entirety. ; 
(6) An ocean -going vessel, except for ocean- going tugboats or andtowboats 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 . 
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 (7)   A registered historic vessel is exempt only from subsection (e)(6) and subsection 
(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) Near -Retirement Vessels. This subsection is only applicable until December 31, 
2022. A harbor craft is exempt from the requirements of subsection s (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 
(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 compliance 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 commercia l fishing vessel is exempt only from 
performance standards requirements in subsection (e)( 12) and compliance fee 
requirements in subsection (l). 
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  (14) On and after January 1, 2023, vessel and facility owner s and operator s are not 
liable for failing to comp ly with the requirements of this section if they can 
demonstrate that failure to comply is due to a force majeure event. 
(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 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. “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. 
(2) “Alternative Diesel Fuel” means any fuel used in a diesel engine that is not commonly or commer cially known, sold, or represented by the supplier as 
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, hydrogen, electricity, or other technologies that do not meet the definition of 
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  CARB diesel or alte rnative 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 
Regu lated 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 purp oses, 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. 
“Articulated 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. 
(6) “Averaging” means an exchange of excess reduced regulated emissions among engines on vessels in the same owner’s or operator’s fleet. 
“Barge” means a vessel having a single or double hull that is typically flat -
bottomed, but may have a rounded hull form and built with or without a 
propulsion engine.  Examples of barges include deck barges, derrick or crane 
barges, dredging scow barges, autonomous drone barges, towed or pushed 
petrochemical tank barges, and 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. 
(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 flat-bottomed rectangular hull with sloping 
ends and built with or without a propulsion engine. 
“Battery Plug -in Hybrid Propulsion System” means a harbor craft main 
propulsion system utilizing energy from two or more different energy sources, 
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  one of which includes a battery energy storage system that is designed to 
periodically be swapped or charged by an external energy source. 
“Berth” means a vessel’s allocated place at a wharf, pier, or dock. For purposes 
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, and2299, 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). 
“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, which is displayed 
on vessels on contrasting background in a format of FG 12345. 
“Call Sign Number” means a vessel’s unique identifier 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 , 
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 sections 93130 -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 t itle 13 , CCR, sections 2281 and 2282. 
“CARB 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. 
(12) “Carbon Monoxide (CO)” is a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels. 
(13) “Category 1 Engine” mea ns any marine engine with a displacement of less than 
5.0 liters 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 
than 30 liters per cylinder or greater. 
(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 . 
(17) “Certified Nonroad Engine” means an engine that is certified by U.S. EPA as 
meet ing the requirement s 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. 
(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. ” 
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  “Commercial Passenger Fishing Vessel ” (also called “Charter Fishing Vessel ” or 
“Sport fishing Vessel ”) means any coastal or offshore vessel used for 
sportfishing, charter fishing, or any other type of fishing activity where 
individuals other than the owners or operators of the vessel are onboard the 
vessel to perform fishing activities in exchange for payment to the vessel 
owner/operator . Commercial passenger fishing vessels include vessels 
operated on both day and overnight trips, including trips that may traverse 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, su bdivision 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 “compliance 
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), whichever is applicable. The 
Compliance Date may be extended pursuant to subsection (e)(12)(E). 
(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 implement ing 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 dedicated emergency use vessels. 
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 “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 herein by reference . 
(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 primarily 
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). 
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 (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 
collecting payment from independent operators for use of dock space, and 
using facility property to moor, dock, s ervice, or maintain a person’s own 
vessels. 
“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 CalEnviroScreen 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 requirements apply for vessels with 
a homebase or any regularly scheduled stop within two mil es of a DAC. 
“Distributed Generation” means electrical power generation technologies and 
equipment (including on-shore combustion engines at a dock or barge -
mounted combustion engines moored to a dock ), or other methods that 
produce electricity at or near the place of use. Stationary generators meeting 
the definition of “emergency standby engine” in title 17, CCR, section 
93115(a)(29) that are used for emergency operations for harbor craft are not 
subject to distributed generation requirements. The electricity generated must 
meet the emissions standards in title 17, CCR, subsection 93139.5(c) . 
“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 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 
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    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 s to an oil or 
petrochemical spill event, or use of onboard combustion engines 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 
subsection s (e)(14) and (e)(12 )(E)(4 ) if documented according to recordkeeping 
requirements in subsection (m ) and reported according to subsection (o). 
(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 
Environmental 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 Tugboat” 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 departing 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 products 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 as including, 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; and 
whale watching tours.  “Excursion Vessel” does not include crew and supply vessels, ferries, or and recreational vessels. 
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 (33) “Executive Officer (E.O.)” means the Execut ive Officer (E.O.) of the California 
Air Resources Board or his/her designee. 
“Facility” means any port, marine terminal, oil terminal, marina, harbor, or land 
with docks for allowing 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 conduct commerce . For purpose s of this section, “Facility Operator” 
is interchangeable with “Tenant” and “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 .” 
(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 bridge or tunnel . On and after January 1, 2023, 
“Ferry” means a harbor craft h aving 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 , for purposes other than pleasure. Examples of f erry vessels include water 
taxis and any vessel s subject to Vessel Common Carrier requirements as set 
forth by the California Public Utilities Commission in title 20, CCR, division 1, 
chapter 1, as it existed on April 1, 2018.  
(36) “Fishing Vessel” or “Commercial Fishing Vessel” means a self -propelle d vessel 
that is either: 
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     (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) prior to January 1, 2023, 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. 
(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 Regulate d California 
Waters ; or, the statewide population of a specific vessel type. On and after 
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 owner/op erator of a facility or vessel , 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 section 93130.2(b)(38). 
(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, 
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 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 majority of the time within a 
calendar year. 
(40) “Homeport” means the port in which a vessel is registered or permanently 
based . 
“Hydrocarbon (HC)” means organic compounds consisting exclusively of the 
elements of carbon and hydrogen that falls into 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 
incorpo rated by reference herein. 
“Hydrogen Fueling Infrastructure” means the 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 mai n 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 vessels. 
(41) “In-Use Harbor Craft” means a harbor craft that is not a new ha rbor 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 
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 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 ho rsepower -hour (g/bhp- hr). 
“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 it the engine is subject to the in -use requirements in 
subsection (e) . Prior to January 1, 2023, low-use hour limit s are 80 hours for 
barge and dredge vessels, and 300 hours for regulated in- use vessels other than 
barge and dredge vessels. On and after January 1, 2023, low-use hour limit s are 
set forth in Table 22 in subsection (e)(14) . 
(46) “Military Tactical Support Vessel ” means a vessel that meets military 
specifications, is owned by the U.S. Department of Defense, the U.S. Coast Guard, or the U.S. Military services or its allies, and is used in combat, combat 
support, combat services support, tactical or relief operations or training for such operations. This category does not include vessels owned by military 
contractors. 
(47) “Model Year” means the diesel engine manufacturer’s annual production period, which includes January 1st of a calendar 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. 
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 (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 
(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 was not own ed or 
operate d inside of Regulated California Waters prior to 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. 
“Ocean -going Tugboats or Towboats” means tugboats or towboats with a 
“registry” (foreign trade) endorsement on their United States (U.S.) Coast 
Guard certificates of documentation, or tugboats or towboats that are registered under the flag of a country other than the United States. 
(52) “Ocean -going Vessel” means a self-propelled commercial, government, or 
military vessel meeting any one of the 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. 
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 “Oil Spill Response Vessel” is a type of workboat that is dedicated to providing 
oil or fuel spill response cleanup. For purposes of this section, oil spill response 
vessels are not dedicated emergency use vessels. 
“Opacity” means the fraction of a beam of light, expressed as a percentage , 
that fails to penetrate a plume of smoke as measured over a five-inch-long path 
in accordance with SAE J1667 (February 1996) , which is incorporated herein by 
reference . 
(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 th e 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 stand ard conditions (e.g., 
dust, smoke, mist fumes, or smog). 
“Performance Standards” means PM and NOx emission standards in Table 11, 
Table 12 and Table 13 in subsection (e)(9) that must be met to comply with the 
in-use requirements of this section . 
(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 la nd-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 
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 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 tow ed on a wire by tugboat .  
“Physical C onstraint” means an unavoidable barrier at a terminal that prevents 
the terminal from provid ing a service due to the layout of the terminal or 
waterway where a state or federal public agency with jurisdiction over the 
resources affected by this section has made a safety determination that 
prevents the use of shore power . 
(58) “Pilot Vessel” means a vessel designed 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) “Portab le 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. P ortable engines are not self -propelled. 
(61) “Portable Equipment Registration Program (PERP)” means the statewide 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 op erate. 
(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 . 
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 (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.” 
“Rebuild” means an overhaul to an engine using new or 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” 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 ongoing basis with constant or defined time intervals. 
(68) “Regulated California Waters (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 wi thin 3 nautical miles of the California baseline, starting at the 
California- Oregon border and ending at the California -Mexico border at 
the Pacific Ocean, inclusive; 
(E) all waters within 12 nautical miles of the California baseline, starting at the 
Californi a-Oregon border and ending at the California -Mexico border at 
the Pacific Ocean, inclusive; 
(F) all waters within 24 nautical miles of the California baseline, starting at the 
California- Oregon border to 34.4 34 degrees North, 121.1 20 degrees 
West; inclusive; a nd 
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 (G) all waters within the area, not including any islands, between the California baseline and a line starting at 34.43 4 degrees North, 121.12 0 degrees 
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. 
(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 ” or “R100” means a diesel fuel substitute produced from 
non-petroleum renewable sources, including vegetable oils and animal fats. 
Renewable diesel must meet the American Society for Testing Materials ( ASTM ) 
specification D975 (May 1982) , which is incorporated herein by reference. 
“Renewable Diesel” can also mean a blend of 99 percent (“R99” ) renewable 
diesel by volume. 
(70) “Rent” means payment for the use of harbor craft or diesel engine for a 
specified term. 
“Repower” means replacing a n existing engine with a nother engine that meets 
required emission standards in effect at the time of replacement. Repower 
includ e engine repairs on a damaged engine requiring a different engine block. 
“Research Vessel” means all vessels subject to requirements of 46 CFR Chapter 
1, Subchapter U (October 1, 2012 ), incorporated herein by re ference , 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 onto a 
vessel or engine. 
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  (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. 
“Selective Catalytic Reduction (SCR)” means an emission control system that 
reduces NOx emissions through the catalytic reduction of NOx in diesel exhaust by injecting nitrogen -containing compounds, such as ammonia or urea, into the 
exhaust stream . 
“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 e ither 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 provid ing regularly scheduled 
round -trip ferry service between two points whose straight -line distance apart is 
less than three nautical miles.  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 three nautical miles, and the longest single trip length is 
less than six nautical miles, are considered short -run ferries.  Vessels that 
provide ferry round -trip service between two points that are less than three 
nautic al 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 
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   removed engine may then become the swing engine once repair or 
maintenance has been completed. 
(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 upgrades 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 , sewage, 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 use 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 
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 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. 
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 Air 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. 
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 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” for the standards that apply to these engines.] 
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     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. 
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     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 Compre ssion- 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.  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 
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     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, and 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, 2010, 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. 
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 (87) “Final Tier 4 Final Off-Road  or Nonroad Emission Standards” means an engine 
subject to the final 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 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. 
(89) “Total Hydrocarbons (THC)” or “Hydrocarb ons (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, “tugboat” 
also includes 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 registratio n that 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. 
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 (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 codified 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 diesel 
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 that docks or moors 
for seven (7) or more days in a calendar month at a specific facility. 
“Water Taxi ” means a ferry, including U.S. Coast Guard uninspected passenger 
vessel s carrying six or fewer passengers for hire and U.S. Coast Guard inspected 
passenger vessel s carrying 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. 
“Zero- Emission” means a propulsion system or auxiliary power system that 
generates no tailpipe exhaust emissions other than water vapor or diatom ic 
nitrogen from the onboard source(s) of power. This includes vessels utilizing a 
zero- emission propulsion and auxiliary power system. 
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   “Zero- Emission and Advanced Technology ( ZEAT) ” collectively includes zero -
emission capable hybrid vessels and zero -emission vessels. 
“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 o peration of a ZEAT vessel. For example, charging 
equipment for propulsion system batteries , 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 (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, 
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   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 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, 
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  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, if an hour meter fails to properly 
operate in accordance with manufacturer speci fications , 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 date 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 California 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 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 of f-road standards in effect on the date of 
acquisition 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 
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  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 paragraph 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 CFR § 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 ch aracteristics 
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 Tie r 3 
engines have the appropriate physical and performance 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. 
(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 for 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 
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    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 t he 
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 capacity 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 det ermined and pre- approved 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 
3. either the DECS manufacturer or an authorized dealer of the DECS 
determine s 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. 
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 -(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 harbor 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 calculations, 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.; 
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 
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  -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; 
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. 
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  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. 
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 
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 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 July 1, 2011 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, lease, rent, i mport, 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] 
(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 person 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 m arine 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 
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 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 ef fect 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. 
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 
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 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 meeting 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 sub 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. 
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 comply under this method by demonstrating to the 
E.O.’s written satisfaction that: 
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 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 eng ines, 
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 reliabl e 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 sub 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 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 
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 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 the 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 pu sh boats with a homeport outside 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 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 
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 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 p ermanent 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 DECS (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: 
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 implemented. 
The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any data derived from the test 
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   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 d ate 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 conf orm with 
U.S. EPA Tier 1 marine standards prior to January 1, 2008.  If the E.O. is 
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 rebuild 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 
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   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.] . 
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   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 
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 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. 
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 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 will 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 satisfa ction 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 his/her sole discretion, may use any information available 
to the E.O. to rebut the person’s demonstration.  For purposes of this 
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 paragraph, the E.O. may deem an engine as suitable to replace an 
existing engine if the replacement engine is similar in horsepower 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. ma y 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 paragraph 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 p ublic 
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 publ ic, 
including but not limited to, information related to regarding 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 
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  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 
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  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 fo r 
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; 
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 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 vessels.  [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 other infor mation 
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, tugb oats, 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 a n 
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 compliance 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). 
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  (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 R 100 fuel or R99 fuel blend , except 
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    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 incorpor ated herein by reference : 
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 be modified to supply R100 or R99 .  The vess el 
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 Engines (Applicable On and After January 1, 2023). 
Beginning January 1, 2023, any person subject to this subsection shall not 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 that is intended to operate 
or currently operates in RCW, unless that engine, on the date of ac quisition , 
conforms to any one of the following subsections (A) through (E): 
(A) Is certified to meet the most stringent 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 du ty cycle rating , or is certified to 
meet both the most stringent 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 
applicable horsepower rating and duty cycle rating and the applicable 
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  performance standards specified in subsect ion (e)(9 ) for a new engine of 
applicable h orsepower 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 is incorporated herein by reference . 
3. Engines rebuilt to meet Tier 3 or Tier 4 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 the 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 demonstrati ng compliance with this provision , 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 : 
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, emissions test data as specified in 40 CFR 
section 1042.835 (d), as last amended on June 30, 2008, and section 
1042.840 (n), as amended on October 25, 2016, which are 
incorporated herein by reference . For off -road engines, the 
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 information specified in 40 CFR section 1068.120 (j), as last 
amended on October 25, 2016, which is incorporated herein by 
reference . 
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 six-month “sell -through” period. 
For purposes of this subsection only, the allowable sell -through period 
runs through six 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 six month sell -
through period are subject to the requirements specified in subsection (A) 
above ; 
(C) Is replacing an engine that is non- functioning due to equipment failure, 
and the E.O. has determined, pursuant to the engine replacement 
exemption provisions of 40 CFR § 1042.615, as it existed on April 27, 2010 
and which is incorporated herein 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 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 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 characteristics, 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 obtained before an engine replacement is made 
pursuant to this provision; 
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 (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 standards; or 
(E) Is acquired for installation into a commercial passenger fishing vessel and 
the owner or operator has applie d for and receive d 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 (Applicable 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 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), or the Tier 4 Final off -road standa rds 
in effect on the date of vessel acquisition that are applicable to a new engine with applicable horsepower rating and duty cycle rating and the 
applicable performance standards defined in subsection (e)(9) . 
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 the applicable performance standard s define d in subsection 
(e)(9) 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. 
2. New vessels with engines rated less than 600 kW shall meet Tier 4 
marine standards and the 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. 
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      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 new 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 the date of vessel acquisition 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) if the vessel is acquired on or after January 1, 2023 , but prior to 
compliance dates as set forth in Table 14 in 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 
use under this subsection shall be subject to requirements of 
subsection (e) (12) after the vessel commences operating in RCW. 
Notwithstanding the definition of “new harbor craft” in subsect ion (d), 
a new harbor craft whose keel was laid before January 1, 2023 , is 
subject to the requirements of subsection (e)(12) instead of subsection 
(e)(9). 
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 
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 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 
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 < 0.9 ≥ 75 2012+ 4.0 0.016 5.97 for 
< 8 kW 
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     Engines with 
<= 35 kW/L 
power density 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 
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 < 
19C1 
Commercial 
Engines with 0.9 ≤ disp 
< 1.2 All 2013+ 4.3 0.010 
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     > 35 kW/L 
power density 4.10 for 
19 ≤ kW 
< 37 
3.73 for 
≥ 37 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(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). 
(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 
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    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/bh p-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 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 Regulated 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 s 
or the vessels are in compliance using compliance extensi ons, the 
approval of low -use exception s and compliance extensions are not 
transfe rable to new owners. 
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 
those in subsections (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, the vessel owner/operator must submit paperwork of 
vessel acquisition with acquisition transaction date as set forth in 
subsections (m)(14) and (o). For the purpose of this subsection, any 
newly reported vessel will be classified as new ly acquired unless 
records show otherwise . 
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   (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 a vessel in subsections (e)(10)(A)1. and (e)(10)(A)2. that 
operates or is intended to operate in RCW must comply with the 
applicable ZEAT requirements shown in Table 14 for ne w excursion 
vessel s, newly acquired excursion 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). 
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 , 2024 
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 
on vessels subject to subsection (e)(10), 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 the most stringent marine standard s (Tier 3 or Tier 4) , or the Tier 
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 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 the following information: 
a. The applicant company’s name, address, and contact information; 
b. Information specific to the harborcraft and engine(s) on which ZEAT 
will be used , including the vessel name and identification number(s); 
engine make, model, and serial numbers; and a ny other information 
that uniquely identif ies the engine; 
c. Certification documentation, a detailed engineering analysis or 
calculations, design information, battery or f uel 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 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. 
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   ii. Short -run ferries or other full zero -emission vessels must not use 
an internal combustion engine to generate propulsion or auxiliary power for the normal ope ration 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, 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 o f the ZEAT . Recordkeeping 
and reporting must include, at a minimum, the requirements in 
subsection (m)(19). 
2. E.O. Review and Final Decision-M aking Process. 
a. Within 30 days after receiving a ZEAT 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 identi fy the application’s 
deficiencies. The applicant must submit 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. 
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, 
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 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 a 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, the person may 
be grant ed additional compliance time as set forth in Table 15 for another 
excursion vessel or short -run ferry subject to subsection (e)( 10), for all in-
use engines to meet performance standards in subsection (e) (12) on 
another vessel in any regulated in- use category, or for all in- use engines to 
meet the requirements for commercial fishing vessels in 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 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, a pilot boat, which is not subject to ZEAT requirements a s 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 on 
December 31, 2026. In this scenario, the owner or operator of the pilot 
boat may request that CARB grant 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 Credit. 
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     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 in RCW 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. 
6. Receiving a ZEAT credit for engines 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 expirati on of the ZEAT vessel 
credit. 
7. Any ZEAT credit or combination of ZEAT credits 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 zero -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 
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 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 nine 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 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 
c. Identification of t he specific harbor craft and engine(s) for which the 
applicant proposes to apply ZEAT credit, including vessel name, 
identificat ion 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 the application is deemed incomplete, the notification must identify the application’s 
deficiencies.  The applicant must submit supplemental document ation 
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 any part of the ZEAT credit application process, that 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 that no longer meets the criteria for a ZEAT credit, the E.O. may modify or revoke the credit as 
necessary to ensure that the applicant and subject vessel(s) meet the 
emission reduction requirements in this section. 
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   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 Commerci al 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) , 
pilot vessels , push boat s, research vessel s, tugboat s (including ocean-
going tugboat s or towboat s, and tugboat s operating as part of ATBs), 
towboat s, and workboat s. 
2. This subsection 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 hour limits 
specified in Table 22 in subsection (e)(14). 
(B) General Requirement s. 
1. On and after January 1, 2023, no person may operate, sell, purchase, 
offer for sale, lease, rent, import, or otherwise acquire a regulated in-
use vessel, unless e ach engine or 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 subsections (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 certified to the T ier 4 
marine standards is available . If engines meeting Tier 4 marine 
standards are not available under 600 kW, and engines are repowered 
on or after January 1 , 2023, to the Tier 3 marine standards, they would 
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 not need to be repowered to Tier 4 marine standards when engines 
meetin g Tier 4 marine standards become available. 
3. In-use engines rated below 600 kW that meet Tier 3 marine standards 
before January 1, 2023, are subject to Tier 4 marine 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 engines meeting Tier 4 marine standards are available and the Tier 
3-compliant engine s are retrofitted with a DPF and meet Tier 3 marine 
+ DPF standards by applicable compliance date s. 
4. In-use engines or engine systems rated above 600 kW shall meet Tier 4 
marine + DPF or Tier 4 Final off -road + 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 + DPF performance 
standards are available 12 months prior to 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 marine or off -road 
standards must still repower with engines meeting Tier 4 marine  or Tier 
4 Final off -road standards. 
5. If an in -use ZEAT short -run ferry operates in other regulated in- use 
vessel categories as a secondary or other use, o r if an in -use 
commercial fishing vessel operates in other regulated in- use vessel 
categories as a secondary or other use, operation of the secondary or 
other use is subject to the requirements of this subsection and may be 
eligible for a low -use exception as defined in subsection (e)(14) based 
on engine tier level and operating hours. 
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 , the vessel owner/operator must take action s to 
ensure the non- compliant engines cannot be operated .  Examples 
include electrically or mechanically disabling the engine to prevent 
operation, or permanently disconnect ing fuel lines . The owner/operator 
of non-operational engines must meet applicable recordkeeping and 
reporting requirements in subsections (m) and (o). 
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 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 , 
sell a CHC that is only intended to operate beyond RCW but will 
perform sea trials in RC W, or transit through RCW from the seller to the 
buyer , must first request and receive written approval from the E.O.  At 
least 14 days prior to the planned operation, the owner/operator must submit a formal requ est, including the vessel name, unique vessel 
identifier, engine make, model, model year, serial number, an estimate of operating hours for the planned operation in RCW on each non-
compliant engine, the dates and locations of operation, and demonstrate wha t efforts will be taken to minimize the number of 
operational hours of non -compliant engines.  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. 
(C) Compliance Methods. 
Regulated in -use vessels with pre- Tier 1 -or Tier 1 -certified engines may 
follow any of the below applicable compliance methods (e)(12)(C)(1) 
through (3) to comply with the performance standards set forth in 
subsection (e)(9). 
1. Method C1 – Replace the in- use engine with a U.S. EPA certified Tier 3 
or Tier 4 marine engine or Tier 4 Final off-road 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 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 issue and that meet s the applicable 
performance  standards in subsection (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 
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      (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 Tier 3 or Tier 4 marine engine or U.S. EPA or CARB certified 
Tier 4 F inal off-road engine that does not meet CARB performance 
standards and install a CARB Level 3 verified diesel emission cont rol 
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 performance standards in 
subsection (e)(9) , a person may comply under this method by 
repowering or rebuilding the in- use engine with an engine certified to 
the most stringent marine standards (Tier 3 or Tier 4) , or Tier 4 Final 
off-road engine emission standards applicable to a new engine with 
applicable h orsepower rating and duty cycle rating as the in- use engine 
and by additionally retrofitting the engine with a DPF. 
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 emissions 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 performance standards in 
subsection (e)(9) . To comply with this method, the applicant must 
follow the provisions set forth in subsection (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 the phase-in method 
described below: 
a. Replace the in- use pre -Tier 1 or Tier 1 certifie d 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 
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 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 meet the applicable performance standard s set forth in 
subsection (e)(9) in their certified condition, retrofitting with a DPF is 
not required. 
(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 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 applies 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 vessel s, 
and workboats.  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 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 used for the purpose of 
this p rovision . 
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 b. Using Method D1, with the exception of engines complying under 
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 . 
2. Method D2 – the engine’s effective model year based on the engine’s 
Tier 3 or Tier 4 rebuild m odel year. 
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 .: proof of ownership of the preexisting engine, receipts 
or work orders evidencing that 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 Compli ance Method D2 must 
submit the information specified in subsection (e)(12)(D)2.b. to the 
E.O. The E.O. will review the information and 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 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 date in Table 17, Table 1 8, or Table 1 9, is the actual 
year in which the Tier 3 or Tier 4 rebuild occurred. 
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 e. Using Method D2, with the exception of engines complying under 
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. 
Table 16 :  Compliance Dates for Any Pre -Tier 1 -and Tier 1 -Certified Engines 
on All Regulated In -Use Vessels 
Engin e Model Year Compliance Date 
1993 and earlier 12/31/2023 
1994 – 2001 12/31/2024 
2002 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.] 
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 Table 18 :  Compliance Dates for Tier 2, Tie r 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.] 
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 transf errable 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 six years after the compliance date, or for more than eight years 
after the compliance date for vessels specified in subsection (e)(12)(E)3.c.i. 
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 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 judgment. If an applicant seeks a renewal of an extension, they must 
submit the same information required for the initial application. 
1. Extension E1: Shore Power and ZEAT Infrastructure Delays. 
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 owner or operator, shall submit an application to the E.O. 
at least nine months prior to the compliance date, 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, including 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 may apply for an additi onal one -year 
extension no later than nine months and no earlier than 12 months 
before the expiration of the prior 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 set forth in subsection (e)(8) , (e)(9), or (e)(12). 
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  b. Eligibility and Application Package: The applicant must demonstrate 
that there are no certified engines or DPFs available to meet 
performance standards by applicable compliance dates. The 
application package must be submitted to the E.O. no later than 
nine 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; and 
iii. An e ngineering 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 engine controls, azimuth drives and propeller configurations. 
c. Renewal: The applicant may apply for an additional two -year 
extension no later than nine months and no earlier than 12 months 
before the expiration of the prior 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, a 
person must repower the vessel ’s engines with an available Tier 
3 marine, Tier 4 marine, or Tier 4 Final off -road engine 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. The person must 
retrofit the vessel with a DPF within six months after a DPF 
becomes available for the engine installed on the vessel or by 
the expiration date of the last compliance extension granted , 
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, 
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 or Tier 4 Final off-road 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 f or this extension must also repower their engine with 
one certified to a more stringent standard and must consider all 
available engines for the power and duty cycle rating of their 
operation, regardless of engine manufacturer or engine model . 
3. Feasibility Extension E 3 -Engines or DPF not Feasible and Owner 
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 standards  by Dec ember 31, 2024, a one -
time, ten-year extension until December 3 1, 2034. 
b. Eligibility and Application Package (does not apply to ten- year 
extension s 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) or CARB -verified 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 submitted 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 nine 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; 
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  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 vessel; 
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; 
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 demonstrates that reducing passenger capacity 
will operationally result in increased emissions; 
v. The following information, if available : 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 a nticipated 
compliance costs ; and 
vii. A list of engine(s) for which the extension is(are) requested, and 
documentation demonstrating 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, the applicant 
may apply for an additional two -year extension no later than nine 
months and no earlier than 12 months before the expiration of the prior extension. No further compliance extensions of this type can 
be approved if either six years of any extension ha ve been granted 
or if compliance dates for any engine will be extended beyond 
December 31, 2034, except that: 
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  i. Commercial Passenger Fishing Vessels, Excursion Vessels, and 
Ferries, w hich can receive an additional extension of two years 
for a total of eight years if the vessel has any nominal compliance 
deadline on or bef ore December 31, 2024 ; 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 
category of vessel, which can receive 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 (subsection s i.-iv.) and Other Provisions 
(subsections v. -vii.) 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 ii., iii., and iv . 
below. 
ii. Applications must include documentation demonstrating 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 . If 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 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 continue operating such 
vessels in commercial passenger fishing vessel activities at least 
50 days per calendar year throughout the requested extension period . 
iv. Applications must describ e and document the precise 
procurement decisions and actions the vessel owner or operator currently plans to take or has taken to demonstrate compliance 
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 with subsection (e)(12) by December 31, 2034 , including the 
specific compliance method or methods in subsection (e)(12)(C) 
the 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 associ ated with 
the identified compliance method or methods in subsection 
(e)(12)(C). 
v. Engines must meet the applicable performance standards set 
forth in Table s 11-13, or qualify for low -use excep tions under 
subsection (e)(14) , by December 31, 2034. 
vi. Owners or operators of e ngines 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 sub section 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 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 the 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 
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   package must be received by the E.O. no later than nine 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, applicants 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 nine months and no earlier than 12 months 
before the expiration of the prior 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 be operated below the limits in Table 20 to be eligible for this 
extension. 
For all regulated in- use vessel s other than 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 onboard regulated vessel s 
other than barges and barge -mounted dredges will not need to 
meet Tier 4 standards or be 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 sub section are terminated. 
The vessel owner or operator must notify the E.O. within 30 days of exceeding the hourly thresholds and must take the vessel out 
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 of service or bring the vessel into compliance by installing an 
engine meeting the Tier 4 + DPF perfor mance standards. 
Engines on vessels that are operated above the limits in Table 20 
are indefinitely 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 renewable, to the compliance 
date set forth in subsection (e)(10), (e)(12)(D) , or (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 shipyard delays , 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 difficulties, 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)(10), (e)(12), or 
(e)(13) at least six months prior to the compliance date set forth 
in subsection (e)(10), (e)(12)(D), or (e)(13) and the new engine or 
equipment has not been received or installed since it was ordered due to manufacturing delays , delays encountered by the 
engine or equipment installer , or delays of inspections that are 
required to be conducted by local, state, or federal government agencies before the engine or equipment can operate. The 
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 applicant must provide a copy of the purchase order or contract 
for the new equipment, and identify in- use engine(s) to which 
the extension(s) will apply . 
ii. For new build vessel delays due to shipyard delays , a copy of the 
contract or agreement between the applicant and the shipyard 
that was executed at least 12 months prior to their compliance 
dates.  The applicant must provide a letter demonstrating the reasons for the delay with 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 two or more regulated in -use vessels subject to 
subsection (e)(10), (e)(12), or (e)(13) 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 be applied to the minimum number of engines necessary to minimize fleet downtime. The applicant must identify the in- use engine(s) to which the extension(s) will 
apply . 
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)(10), (e)(12), or (e)(13),  and 
identifying the in-use engine (s) to which the extension (s) will 
apply . 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 nine months and no earlier than 12 months 
before the expiration of the prior extension. 
(F) Special Provisions Applicable to the Use of a DPF and Other Verified 
Diesel Emission Control Strategies (VDECS). 
The following requirements apply to any person’s use of a DPF and o ther 
VDECS pursuant to subsection (e)(9), (e)( 10), (e)(12) , or (f) and are in 
addition to any other applicable requirements: 
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         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 subsections 2.b and 2.c above of whether a 
VDECS cannot be repaired may only be made by either the V DECS 
manufacturer or an authorized dealer or installer . 
4. If a VDECS is replaced within 30 days of failure , the original failed 
VDECS 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, 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 deadlin e for repowering to Tier 3 pursuant to this 
subsection. Commercial fishing v essels with Pre-Tier 1 or Tier 1 engines may be 
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 offered for sale, leased, rented, imported, sold, 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 of subsection (e) (13) by December 31, 2031 .]. 
(B) Engines on New 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 the most stringent 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 ZEAT requirements in 
subsection (e)(10) , the performance standards set forth in subsection (e)(12), or 
the engine requirements for commercial fishing vessels in subsection (e)(13). 
(A)  E.O. A pproval. 
An E.O. approval letter must be obtained prior to an engine’s compliance date 
as set forth in subsection (e)(10), (e) (12)(D), or (e)(13) , compliance date resulting 
from approved compliance extension(s), or the date that vessels first enter RCW 
if those vessels are based outside of RCW. 
(B)   Requirements. 
1.  Low -use exception eligibility 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 purposes of this subsection, a vessel operates in a 
DAC if it has a homebase or has any regularly scheduled stops within 
two miles of a DAC. 
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 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 all requirements of section 93118.5 . 
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 Hour Limits for Engines on Vessels w ith a Homebase or 
Regularly Scheduled Stops Within Two Miles of a Disadvantage d 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. 
2.  The application package must contain, at a minimum, 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 ; 
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 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 was 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. If the application is for a vessel based outside 
of RCW that is scheduled to enter RCW for the first time, no 
demonstration of annual operation hours in the previous or current 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 for personal 
pleasure, those operating 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 in that fleet that 
have approved low -use exceptions and are operating within 
RCW 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 
engineering judgment to evaluate whether the information meets the criteri a in subsections (e)(14)(B) and (C). 
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 (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 pollutant, 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 were to directly comply with 
subsection (e)(10), (e)(12), and (e)(13), which is considered the Nominal 
Compliance Baseline. The ACE can include an alternative emission control 
strategy(ies) (AE CS) 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 two 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 December 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 m ust meet the applicable compliance 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. 
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 (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 the technology for ZEAT is not required ; 
5. shore- side power; 
6. fleet averaging , including ZEAT vessels unless they have been 
separately used to generate 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 ) 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 CAECS must be: 
a. approved pursuant to section 93130.5, and 
b. the applicant must demonstrate that the CAECS is applicable to 
the harbor craft specified in the application and meets applicable performance standards. For purposes of the demonstration, the 
E.O. may request additional emissions testing based on good 
engineering judgment ; and 
87. any other measures that sufficiently reduce emissions. 
(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, calculations, 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 subsectio n (e);, 
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    including but not limited to the requirements specified in subsection 
(e)(6)(C) and (e)(6)(D); and 
4. the proposed recordkeeping, reporting, monitoring, and testing procedures that the applicant will use to demonstrate continued 
compliance with the ACE.; and 
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) describing 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 demonstrating 
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) and (h) in subsection (m) and (o) on and after January 1, 
2023; 
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 
include emissions reductions attributed to equipment acquired by funds or 
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 grants that prohibit use o f funds 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) i n subsections (e)(7), (e)(10), (e)(12) (C), 
(e)(12) (D), and (e)(13) on and after January 1, 2023. 
(2) Application Process for AC E. 
(A) Applications for an ACE 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 after January 1, 2023, applications for an ACE must be 
submitted at least six 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 separate 
public comment periods during the AC E application process, as specified 
in subsection (f)(2)(D) and (f)(2)(E). 
(C) Completeness Determination. 
Within 1530 days 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 
must submit supplemental documentation within 30 days of receiving a 
notification indicating the application is incomplete .  The E .O. shall have 
an additional 15 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 any part of the AC E application 
process, which the E.O. determines is necessary to evaluate the application. 
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  (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 post ed. 
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 with modifications as deemed necessary by the E .O.  The 
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 1530 days 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 du ring the first and second public comment periods, and provide 
responses to each comment on the AC E internet site. 
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  (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 e lements 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 compliance 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. 
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 harbor craft operating in Regulated California 
Waters are required to have a C alifornia A ir Resources Board Unique Vessel 
Identifier ( CARB UVI). 
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 (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 vessel. 
(2)   Requirements. 
(A)   Beginning March 1, 2023, or within 30 calendar days of the owner or 
operator fulfilling the vessel reporting requirements in subsection (o) , 
whichever occurs later, the E.O. shall issue CARB UVI s via electronic mail 
or hard copy mailed to the business addr ess provided by vessel owners or 
operators . 
(B)   Vessel owners or operators shall permanently affix or paint t he CARB UVI 
according to the following specification: 
1.  CARB UVI characters shall be legible during daylight hours. Each 
character of the CARB UVI must be in a legible sans -serif font at least 5 
inches (12.7 centimeters) in height and 2.5 inches (3.8 centimeters) in 
width. 
2.  Each character of the CARB UVI must remain legible for the entire 
duration of the vessel’s operation within RCW . 
3.  CARB UVI characters shall be black and the background surface on 
which the characters are placed shall be lime green with decimal code 
(R,G,B) – (0,255,0) . The lime green CARB UVI label background shall 
measure at least 40 inches i n width and 10 inches in height. 
4.  CARB UVI shall be 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 must be selected. 
5.  Marking shall be maintained in a manner that retains the legibil ity 
requir ed by subsections 1 .-4. immediately above. 
(C) The owner or operator of a r egistered historic vessel may install a cast 
bronze, brass, or carved wooden plaque, or other UVI form at, that meet s 
the specifications in subsections (g)(2)(B)1., 2., 4., and 5 . 
(h) Main Engine Idling and Auxiliary Engine Operating and Idling Limits. 
All harbor craft subject to this s ection shall m eet the following requirements. 
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   (1)   Except as provided in subsections (1)(A)- (E) below, b eginning 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 operati onal limits do not apply to: 
(A)   Idling at dedicated facilities used for the testing, servicing, or repairing of 
engines; 
(B)  Operation of auxiliary engines that are not electric generators ; 
(C)  Idling or operation during emergency operation s as defined in subsection 
(d); 
(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 
(E) Idling or operation of up to 30 consecutive minutes 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 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 
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     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 at facilities 
pursuant to the following criteria: 
1. The requirements of this subsection apply to any facility at which more 
than 50 commercial harbor craft vessel s visit per calendar year. 
2. For p urposes of this subsection, a vessel visit is a period of time lasting 
between one and 24 hours where a vessel operates its auxiliary engines 
while at dock . 
3. Facility owners and facility operators are jointly responsible for , and 
must purchas e, install and maintain all infrastructure needed to support 
vessel operator shore power requirements in subsection (h)(3). 
a. A facility owner or operator that is not able to install the 
infrastructure required by subsection (i)(1) (B) by January 1, 2024, 
may request a compliance extension pursuant to subsection 
(e)(12) (E)1. 
(B) Facility owners and operators must install shore power for vessels that 
require up to 99 kW per vessel berth . Idling and auxiliary operation limits 
set forth in subsection (h) (1) do not apply to auxiliary engines above 99 
kW. Therefore, any 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” in subsection (d). 
(D) Facility owners or facility operators whose facilities did not receive 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 
two 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 has received 
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 an exemption receives 50 or more visits in a calendar year,  the facility 
owner or operator 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, the owner or operator of a facility covered 
by an exemption in 2025 that allows more than 50 visits in 2025 would 
need to provide shore power for all vessels visiting the facility by January 1, 2027. 
(2) Facility Owner and Facility Operator ZEAT Infrastructure Requirements. 
The requirements of this subsection apply to any facilit y at which ZEAT vessels dock or 
moor . 
(A) Facilities at which 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 power ZEAT vessels . 
(3) Vessel Owners/Oper ators 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 that 
have use agreements to rent or lease a slip or d ock, berth, or moor , for seven 
(7) days or longer per month at the reporting facility; or, any num ber of visits if 
the facility is a marine oil terminal .  This list of vessel tenants must be reported 
to CARB no later than July 1 , 2023 , and every year by July 1 thereafter, 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; 
3. Applicable facility geographic coordinates, using a series of latit ude 
and longitude, or alternatively a geographic information system shape file or “geofence”, delineating the property boundaries; 
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 4. Property owner name; 
5. Applicable facility owner or operator name ; 
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 
numb ers: US Coast Guard Documentation Number, California Department 
of Motor Vehicles CF number, or International Maritime Organization 
number. 
(C)   Vessel owner/operator information including: 
1.  C ompany name; 
2.  C ompany mailing address; 
3.  Primary conta ct; 
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 fewer than 50 vessel s visit ed the facility in the previous 
calendar year, the 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 
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 (C) Amperage and voltage for each connection. 
(3)   Beginning January 1, 2023, any person subject to this sub section shall maintai n 
daily records in English, which must 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 fro m CARB staff : 
(A) Date, local time, and position (e.g ., slip number) for each vessel tenant, 
and if applicable, the date of vacancy for each vessel tenant. 
(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) , and 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. 
Opacity 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 Powered Vehicles” (SAE J1667, February 1996), which is incorporated herein by reference. 
(A) For purposes of this subsection, smo ke opacity shall be measured at a 
location in the engine exhaust stream after the DPF (if installed) but before 
the point/location 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: 
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 . 
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 (C)   Individuals conducting opacity tests must have completed training and 
obtained certification on the proper administration of SAE J1667 from the 
California Council on Diesel Educatio n and Technology (CCDET) . The E.O. 
may approve or offer alternative training courses that satisfy this 
requirement. 
(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 eng ine 
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 the alternative method wil l be able to detect increase s 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 subsection (k)(2), a letter or attestation demonstrating that the 
engine is in proper operating condition may be considered as an 
alternative method of compliance with opacity requirements if approved 
by the E.O. If the letter or attestation is provided by a third -party SAE-
certified technician or OEM engine factory- , distributor- , or dealership -
certified technician and demonstrates that the engine is in proper 
operating condition, the E.O. will approve the letter o r attestation as an 
alternative compliance method . 
(F) CARB may perform confirmatory opacity testing in the field or audit 
opacity test records at any time. Additiona lly, upon having information 
that an engine may be operating with emission control malfunctions, the 
E.O. can request that the vessel owner or operator provide to the E.O. an 
engine or emission control system inspection report from a factory-
certified engine or emission control system dealer/distributor 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 of 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 
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   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. 
(2)   Opacity Limits for Main Propulsion and Auxiliary Engines . 
No engine shall exceed the smoke opacity levels provided below in accordance with this subsection. 
(A) Exhaust from e ngines meeting Tier 3 + DPF or Tier 4 + DPF performance 
standards shall not exceed five percent smoke opacity. 
(B) Exhaust from engines without DPFs 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 report the test results to CARB biennially 
(every two years) . Opacity testing must be performed on each main 
propulsion engine, and results reported to CARB , once every two -year 
period ending March 31 of each even- numbered  calendar year (i.e. 2024 , 
2026, 2028 , 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 m ust 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 and 
met opacity limits within the last two years .  If the vessel remains in RCW, 
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   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 engine, DPF, or other emission control system 
shall be repaired and retested within 30 calendar days from the date of the 
failed opacity test or the engine shall be taken out of service.  The records 
of opacity testing and repair must be recorded as specified in subsection 
(m)(18 ).  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 meets the 
opacity limits in subsection (k)(2). 
(E) If the post -repair opacity exceeds the applicable opacity 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 
subsection (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 engine s must be measured using Test 
Method 9 – Visual Determination of the Opacity of Emissions from 
Stationary Sources as described in 40 CFR 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 
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  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 nonrefundable. 
(5) Owners or operators of vessels must submit fees to CARB 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 payment by 
September 1. The late annual fees and late fee must be paid by December 31 
of the same 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 late fee 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 late fee 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 homeport 
homebase for the life of each engine subject to this section, including fleet swing 
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  engines and marinized land -based engines. Records required beginning on January 1, 
2023 must be maintained beginning January 1, 2023. The owner or opera tor must 
provide such records 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; 
(D) Engine family (if applicable); 
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 (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 emissio n control strategy; 
(B) Manufacturer of installed diesel 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. 
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 (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 subsections (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 comp liance 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: 
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    (14) Vessel Information: 
(A) A photo of the vessel; 
(B) Vessel activity description; 
(C) Percent age of 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, and 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 Informatio n (for each 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) Vessel operating time if a vessel is used to perform emergency operations . 
(17) Control Equipment (if applicable): (A) Diesel Exhaust Fluid (DEF) consumption if engines are equipped with 
Selective Catalytic Reduction (SCR) systems; and 
(B) Installer information for retrofit DPFs and SCRs (in staller name, address, 
phone number , 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); 
(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, 
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  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 hour meter reading at the time 
the engine was returned to service. 
(19) For each vessel adopting ZEAT, the following information shall be kept: 
(A) Manufacturer, model number, and model year of each component of the 
system that makes it a ZEAT system ; 
(B) Maintenance procedures for the component(s), engine(s) and related 
powertrain equipment; 
(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 
(kg), or other metrics for zero- emission fuels; 
(E) If a combustion engine on a zero- emission vessel is operated more than 20 
hours/year, or combustion engine power on a zero -emission capabl e 
hybrid 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-
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; 
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  (G) If a ZEAT temporary replacement vessel operates on a zero -emission short -
run ferry route, hourly activity data of (C) and (D) above operating on a 
short -run ferry route 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 of three 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)  Land- side infrastructure type, manufacturer, serial number, and installation 
date; 
(B) Equipment on the vessel supported by the land -side infrastructure 
recorded pursuant to subsection (A) above , and number of equipment 
supported; 
(C) Capacity (fuel/energy storage volume), amp erage /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 
information described below 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; 
(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 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; 
3. The total number of anglers,  including passengers, operators, crew, and 
non-paying guest s, as reco rded prior to departure; 
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  4. Departure and return times, recorded using 24- hour notation , and the 
departure date of the trip (i.e., the day the vessel departed from the 
dock ); 
5. On the day of departure for a multi -day trip, the 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, both 
the departure time and the return time recorded as 25:99; 
7. On the day of return, the departure time recorded as 25:99, and the 
actual return time; and 
8. Hours and minutes fished on the days that fishing occurs. 
(D) Number of passenger -days by calendar year. A “passenger -day” equals 
eight hours of fishing activity by one angler, or shorter periods of fishing 
activity by multiple anglers adding up to eight hours . For example, a four-
hour trip with 20 anglers would equal 10 passenger -days;  a six-hour trip 
with 20 anglers would equal 15 passenger -days; and a three- day trip (eight 
hours of fishing activity per day) with 20 anglers would equal 60 
passenger -days. Trip duration 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 four hours and 20 
minutes would equal 5.5 passenger -days (11 anglers x 4 hours/8 hours) . 
Standard rounding convention must be used in calc ulating and recording 
passenger -days (i.e., fractional passenger -days less than x.x5 are not 
increased (so 1.54 round s to 1.5), fractional passenger -days equal to or 
greater than x.x6 are rounded to the next fraction (so 1.56 round s to 1.6), 
and fractional passenger -days equal to x. x5 are rounded either up or down 
to make the fra ction 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 purp oses of this paragraph, “California fleet” means the 
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 
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 engine replacements, rebuilds, upgrades, use of DECS, and any other measures 
the person plans to use to meet the requirements of subs ection (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 
Com pliance 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 information 
specified in subsection (g) (m)(1) through (g) (m)(6) wit hin 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; 
(B) A person subject to this section must submit to the E.O. the information 
specifie d 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 
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 earliest applicable compliance date specified in subsection (e)(6)(D), 
whichever is later, a person subject to subsection (e)(6) shall submit a new Compl iance 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 
subsections (m)(14) through (m)(2 1) annually for all harbor craft vessels in their 
California fleet b y March 31 of each year. For purposes of this sub section , 
“California fleet” means the total population of harbor craft that operate in Regulated California Waters for any amount of time during the reporting year 
under the person’s direct control .  
(2) Other Reporting. 
(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)( 21) w ithin 30 days of a 
change of annual hours of operation that would affect the eligibility of the vessel for a low -use exception, vessel category/use, change of hour meter, 
or purchase, sale, lease, rental, or ch ange of ownership of the vessel, 
engine , or VDECS .  In the case of a purchase, sale, lease, rental, or change 
in ownership, both the parties in control or possession of the engine or 
vessel before and after the transaction are responsib le for meeting the 
requirements of this subsection; 
(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)( 21) 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 section s (m)(1) through (m)(6 ) and applicable 
records required by subsections (m)(14) through (m)( 21) 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 within California . 
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    (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 Health 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 p enalties 
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 arrangement 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 methods 
and procedures specified in 40 CFR Part 94 (as amended in 2007), all of which 
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 fuel, 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) abo ve that the method’s proponent has demonstrated to the 
E.O.’s satisfaction provides equivalent or better results to the methods in 
paragraph (1). 
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 (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 sectio n. 
(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 section 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 submittals use digital signatures that meet the requirements specified in Gover nment 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 documentation and reports required to be 
submitted under this section must be submitted to 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 following 
address : 
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 CHIEF , TRANSPORTATION AND TOXICS DIVISION 
CALIFORNIA AIR RESOURCES BOARD 
C/O COMMERCIAL HARBOR CRAFT 
1001 I STREET 
SACRAMENTO, CA 95814 
(2) All documentation and reports submitted to CARB 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 applicable requireme nts of this section . 
NOTE:  Authority cited:  Sections 38505, 38510, 38560, 38566, 38580,  39600, 39601, 
39650, 39658, 39659, 39666, 39730, 39730.5, 41511 , 43013, and43018 and 43019.1 , 
Health and Safety Code. Reference: Sections  38505, 38510, 38560, 38566, 38580, 
39650, 39658, 39659, 39666, 39730, 39730.5, 41510, 41511, 43013, and43018 and 
43019.1, Health and Safety Code. 
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