TITLES 13 AND 17. CALIFORNIA AIR RESOURCES BOARD 

NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF PROPOSED 

AMENDMENTS TO THE REGULATIONS TO REDUCE EMISSIONS FROM DIESEL 

ENGINES ON COMMERCIAL HARBOR CRAFT OPERATED WITHIN CALIFORNIA 

WATERS AND 24 NAUTICAL MILES OF THE CALIFORNIA BASELINE 

The Air Resources Board (ARB or Board) will conduct a public hearing at the time and 

place noted below to consider the adoption of amendments to the regulations affecting 

commercial harbor craft (title 17, California Code of Regulations (CCR) section 93118.5 

and title 13, CCR section 2299.5).1

 These amendments will further reduce emissions of

diesel particulate matter (PM) and oxides of nitrogen (NOx) from diesel engines on 

commercial harbor craft operating in any California port, roadstead or terminal facility, or 

within all California inland waters; all California estuarine waters; and within 24 nautical 

miles, except as otherwise specified in this proposal, of the California baseline 

(collectively referred to hereinafter as “Regulated California Waters”). The Board 

adopted regulations affecting Commercial Harbor Craft (CHC) on November 17, 2007. 

These regulations became effective on January 1, 2009. The primary purpose of the 

proposed amendments is to require that diesel-fueled engines on crew and supply, 

barge, and dredge vessels be subject to in-use engine requirements of the CHC 

regulation (title 17, CCR section 93118.5). The proposed amendments also include 

several additional clarifying and/or editorial amendments to the CHC regulation. Minor 

conforming amendments are proposed to the Low Sulfur Fuel Requirement Regulation 

for Commercial Harbor Craft (title 13, CCR section 2299.5) to align numbering changes 

to the CHC regulation. 

DATE: June 24, 2010 

TIME: 9:00 a.m. 

PLACE: California Environmental Protection Agency

 Air Resources Board 

Byron Sher Auditorium, Second Floor 

1001 I Street 

 Sacramento, California 95814 

This item may be considered at a two-day meeting of the Board, which will commence 

at 9:00 a.m., June 24, 2010, and may continue at 8:30 a.m., June 25, 2010. This item 

may not be considered until June 25, 2010. Please consult the agenda for the meeting, 

which will be available at least 10 days before June 24, 2010, to determine the day on 

which this item will be considered. 

 

1Title 17, CCR section 93118.5. is known as the Commercial Harbor Craft Regulation (CHC regulation) 

and establishes emission standards, reporting, record keeping, fuel, and monitoring requirements for 

certain categories of marine vessels. Title 13, CCR section 2299.5 is the corresponding Low Sulfur Fuel 

Regulation for Commercial Harbor Craft.
2

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT 

OVERVIEW

Sections Affected: Proposed amendment of title 13, California Code of Regulations 

(CCR) section 2299.5 and title 17, CCR section 93118.5. The following documents 

would be incorporated in the amendments by reference: (1) the following National 

Oceanic and Atmospheric Administration (NOAA) Nautical Chart, as authored by the 

NOAA Office of Coast Survey: (G) Chart 18740, San Diego to Santa Rosa Island 

(March 2007); (2) U.S. Environmental Protection Agency (U.S. EPA) Tier 2 Nonroad 

Emission Standards, set forth in Title 40, Code of Federal Regulations (CFR) 

Part 89.112(a), (as it existed on April 27, 2010); (3) the U.S. EPA Tier 2 Family 

Emissions Limit set forth in Title 40, CFR Part 89.112(d), (as it existed on 

April 27, 2010); (4) U.S. EPA Tier 3 Nonroad Emission Standards set forth in Title 40, 

CFR Part 89.112(a), (as it existed on April 27, 2010); (5) the U.S. EPA Tier 3 Family 

Emissions Limit set forth in Title 40, CFR Part 89.112(d) (as it existed on 

April 27, 2010); (6) the U.S. EPA Final Tier 4 Nonroad Emission Standards, set forth in 

Title 40, CFR section Part 1039.101, (as it existed on April 27, 2010); (7) the U.S. EPA 

Tier 4 FEL set forth in Title 40, CFR Part 1039.101 (as it existed on April 27, 2010); (8) 

the U.S. EPA Interim Tier 4 Nonroad Emission Standards, set forth in Title 40, CFR Part 

1039.101, (as it existed on April 27, 2010); (9) The methods and procedures set forth in 

Title 40, CFR Parts 94 and 1042 (as they existed on April 27, 2010); and (10) The 

methods and procedures set forth in Title 40, CFR Parts 89 and 1039 (as they existed 

on April 27, 2010). 

Background: Over 90 percent of Californians breathe unhealthful air at times. To 

improve air quality and human health, ARB establishes requirements to reduce 

emissions from new and in-use on-road and off-road vehicles, engines, and other 

sources. The CHC regulation (title 17, CCR section 93118.5) and the corresponding 

Low Sulfur Fuel Requirement for Commercial Harbor Craft (title 13, CCR section 

2299.5) are part of ARB’s ongoing effort to reduce PM and NOx emissions from dieselfueled engines and vehicles and improve air quality associated with goods movement. 

Health and Safety Code (H&SC) sections 43013 and 43018 direct ARB to adopt 

standards and regulations that the Board has found to be necessary, cost-effective, and 

technologically feasible for all mobile source categories, including off-road diesel 

engines and equipment such as marine vessels, through the setting of emission control 

requirements. Specifically, H&SC 43013 directs ARB to adopt such standards and 

regulations on marine vessels to the extent permitted by federal law. 

The California Toxic Air Contaminant Identification and Control Program, established 

under California law by Assembly Bill 1807 (Stats. 1983, Ch. 1047) and set forth in 

H&SC sections 39650-39675, requires ARB to identify and control air toxicants in 

California. In 1998, the Board identified diesel PM as a toxic air contaminant (TAC) with 

no Board-specified threshold exposure level. 
3

Following the identification of a substance as a TAC, H&SC section 39665 requires 

ARB, with participation of the air pollution control and air quality management districts 

(districts) and in consultation with affected sources and interested parties, to prepare a 

report on the need and appropriate degree of regulation for that substance. Health and 

Safety Code section 39665(b) requires that this “needs assessment” address, among 

other things, the technological feasibility of proposed airborne toxic control measures 

(ATCMs) and the availability, suitability, and relative efficacy of substitute products or 

processes of a less hazardous nature. 

A needs assessment for diesel PM was conducted between 1998 and 2000, which 

resulted in ARB’s development of the Risk Reduction Plan to Reduce Particulate Matter 

Emissions from Diesel-Fueled Engines and Vehicles (Diesel RRP). The Diesel RRP 

presented information that identified the available options for reducing diesel PM and 

recommended control measures to achieve further reductions. The scope of the Diesel 

RRP was broad, addressing all categories of engines, both mobile and stationary. 

Once ARB has evaluated the need and appropriate degree of regulation for a TAC, 

H&SC section 39666(c) requires ARB to adopt regulations to reduce emissions of the 

TAC from nonvehicular sources to the lowest level achievable through the application of 

best available control technology (BACT) or a more effective control method, in 

consideration of cost, risk, environmental impacts, and other specified factors. In 

developing the proposed amendments, State law also requires an assessment of the 

appropriateness of substitute products or processes. 

The purpose of this proposed regulatory action is to reduce emissions of diesel PM and 

NOx from in-use engines on crew and supply, barge and dredge vessels. Diesel PM 

emission reductions from commercial harbor craft are needed to reduce cancer risk, 

premature mortality, and other adverse health impacts from exposure to people who live 

in the vicinity of California’s major ports and shipping lanes. The proposed 

amendments help to achieve the 2020 goals set forth in the 2000 Diesel RRP and the 

2006 Emission Reduction Plan for Ports and Goods Movement of reducing diesel PM 

emissions and health risks by 85 percent. Reductions in diesel PM and NOx (which 

forms “secondary” nitrate PM in the atmosphere as well as contributes to the formation 

of ozone) will also assist California in its goal of achieving and maintaining State and 

federal air quality standards. 

Staff estimates about a 55 percent reduction in diesel PM emissions and a 25 percent 

reduction in NOx emissions from crew and supply, barge, and dredge vessels due to the 

proposed amendments in 2025. The proposed amendments will reduce about 275 tons 

of diesel PM and 3,475 tons of NOx emissions between 2011 and 2025. These 

emission reductions will occur in areas along waterways and near ports where 

environmental justice concerns are especially prevalent. 

ARB staff has prepared a Staff Report: Initial Statement of Reasons (Staff Report) as 

part of this rulemaking. Together with the needs assessment (i.e., the Diesel RRP), this 

document serves as a report on the need and appropriate degree of regulation of diesel 
4

engines used on in-use crew and supply boats, barges, and dredges operating in 

Regulated California Waters. 

DESCRIPTION OF THE PROPOSED REGULATORY ACTION

The ARB staff is proposing to amend the CHC regulation (title 17, CCR section 

93118.5) that the Board adopted on November 17, 2007, and became effective 

January 1, 2009. The amendments primarily subject the diesel-fueled engines on crew 

and supply, barge, and dredge vessels to in-use engine requirements in the CHC 

regulation. Other clarifying and/or editorial amendments are also included. A more 

detailed description of the proposed amendments is presented below. Minor 

amendments to align section numbering are also proposed to the Low Sulfur Fuel 

Regulation for Commercial Harbor Craft (title 13, CCR section 2299.5). 

Commercial Harbor Craft Regulation (title 17, CCR section 93118.5)

Applicability 

The proposed amendments would extend the applicability of in-use engine 

requirements of the CHC regulation to in-use (existing) crew and supply, barge, and 

dredge vessels operating within any of the Regulated California Waters. Regulated 

California Waters include all California inland waters, all California estuarine waters, and 

all waters within a zone 24 nautical miles seaward of the California coastline, except for 

specified areas along the Southern California coastline. 

Emission Limits 

The proposed amendments would require in-use diesel engines on crew and supply, 

barge, and dredge vessels to meet United States Environmental Protection Agency 

(U.S. EPA) Tier 2 or Tier 3 marine or off-road (nonroad) engine standards in effect at 

the time the engine is required to comply under the proposed requirements. 

In-Use Vessels 

The proposed amendments would require that currently unregulated (“Tier 0”) and Tier 

1 in-use propulsion and auxiliary engines on crew and supply, barge, and dredge 

vessels meet emission limits equal to or more stringent than the U.S. EPA engine 

standards in effect for the year that in-use engine compliance is required under this 

proposal. Separate compliance schedules are proposed for crew and supply vessels 

and for barge and dredge vessels. The compliance schedules are based on engine 

model and horsepower and designed to remove the oldest, dirtiest engines first. 
5

Allowing Certified Off-Road or Nonroad Engines to be used as Auxiliary Engines 

The proposed amendments would allow vessel owners/operators more flexibility to 

comply with the CHC regulation by allowing currently available Tier 2 or higher certified 

off-road engines to meet the regulatory requirements for auxiliary engines. 

Owners/operators may elect to install a Tier 3 (marine or off-road) engine on a vessel as 

a replacement auxiliary engine after Tier 4 marine, interim Tier 4 and final Tier 4 offroad standards are in effect, but only if the engine being replaced is not a Tier 4 certified 

engine. 

Adding “Swing Engine” Recordkeeping Requirements 

The proposed amendments add a definition and reporting and recordkeeping 

requirements for swing engines. A swing engine is used to replace an existing engine 

that has to be removed from service for maintenance or repair. Swing engines would 

be considered in-use engines and must meet the applicable in-use engine compliance 

requirements. 

Delete Multipurpose Harbor Craft Definition and Low Use Exemption 

The “multipurpose harbor craft” term and definition, and the low use exemption in 

section (c)(12) have been removed in the proposed amendments. Instead, language 

has been added that allows a vessel owner/operator to operate vessel engines for up to 

300 hours per year in any single category or combination of categories that are subject 

to in-use requirements. Barge and dredge vessels are limited to operating less than 80 

hours per year to be exempt from the in-use engine compliance. 

Special Circumstances to Use Non-CARB Diesel Fuel 

The current CHC regulation requires CARB diesel fuel or specific alternative diesel fuel 

to be used. The proposed amendments would allow the use of U.S. EPA on-road diesel 

fuel or U.S. EPA nonroad diesel fuel (after June 1, 2010), in those situations where the 

vessel operator cannot obtain CARB diesel fuel prior to operating in Regulated 

California Waters. 

Deadline for Alternative Control of Emission Plans 

The current CHC regulation does not specify the date by which a vessel owner/operator 

must submit an annual Alternative Control of Emission (ACE) Plan. The proposed 

amendments would require the ACE to be submitted prior to or before February 28 of 

the year the vessel engine compliance is required. 
6

Out-of-State Vessels Operating in California 

The proposed amendments clarify that out-of-state CHC vessel owners/operators must 

complete an initial report within 30 days of a vessel being brought into California to 

operate in Regulated California Waters and to submit a Compliance Plan within 90 days 

demonstrating how the in-use engine requirements shall be met. All other applicable 

requirements of the CHC regulation shall be met upon initial operation of a vessel in 

Regulated California Waters. 

Replacement Engine Exemption 

The current CHC regulation requires that if an engine is replaced, the replacement 

engine must meet the U.S. EPA current model year marine engine standards. The 

proposed amendments provide the vessel owner/operator an exemption, in specific 

cases, to install a non-compliant engine if the owner/operator can demonstrate that a 

suitable engine replacement is not available, or that a new engine will not operate 

properly with the existing engines. The Executive Officer must approve any exemption 

request. 

Allowing the Use of an Available Engine to Replace an Older Engine Subject to In-use 

Requirements 

The proposed amendments would allow, in certain situations, an engine that does not 

meet the Tier 2 or Tier 3 requirements to be used on a temporary basis. The engine 

must be within the same fleet, and the original compliance date of the older, replaced 

engine must be kept. 

Clarification of Requirements Applicable to Newly Acquired Ferry Vessels 

The proposed amendments have been reworded to clarify existing requirements that 

owners/operators of new ferries having the capacity to transport 75 or more passengers 

are required to equip diesel propulsion engines that meet either Tier 2 or Tier 3 marine 

standards with BACT. BACT is not required for diesel propulsion engines that are 

certified to Tier 4 marine standards. 

Compliance Extensions 

The proposed amendments would expand the availability of the current compliance 

extension of subsection (e)(6)(E)4 to allow an owner to also request a compliance 

extension in situations where that owner has multiple vessels that are subject to 

compliance dates of 2011 or 2012 for crew and supply, barge, and dredge vessels, 

similar to the current compliance extension allowed for ferries, excursion vessels, 

tugboats, towboats, and push boats. 
7

Exemptions 

The proposed amendments would eliminate the exemption in section (c)(7)(C) of the 

current CHC regulation. This change will make harbor craft engines registered in the 

Portable Equipment Registration Program (PERP) or permitted by air districts prior to 

January 1, 2009 subject to the CHC regulation. This amendment aligns the CHC 

regulation with recent amendments to PERP, making all commercial harbor craft 

vessels, including barge and dredge vessels, subject to a single statewide regulation. 

Definitions 

The proposed amendments revise section (d) of the existing regulation by adding 

several definitions and deleting one to clarify the proposed amended language. 

Definitions that were added include, “certified nonroad engine”, “dredge”, “family 

emission limit”, “permanently affixed to a harbor craft”, “regulated in-use vessel”, “swing 

engine”, ”tier 2 off-road or nonroad emission standards”, ”tier 3 off-road or nonroad 

emission standards”, ”tier 4 final off-road or nonroad emission standards”, ”tier 4 interim 

off-road or nonroad emission standards” and deleting the definition of “multipurpose 

harbor craft.” The amendments would also update a new chart incorporated by 

reference in “California Baseline” - “Chart 18740, San Diego to Santa Rosa Island” 

(March 2007 for April 2005). 

Low Sulfur Fuel Requirements for CHC (title 13, CCR section 2299.5)

The proposed amendments to the CHC regulation will change the section numbers that 

are referenced in the Low Sulfur Fuel Requirement for CHC regulation. Proposed 

amendments to section 2299.5, title 13, CCR would align section numbers with 

proposed amendments to section 93118.5, title 17, CCR. 

COMPARABLE FEDERAL REGULATIONS

U.S. EPA has already promulgated Tier 3 and Tier 4 standards for new marine and offroad (nonroad) engines. However, no federal standards have been promulgated 

addressing emission reductions from in-use commercial harbor craft engines. Under 

federal Clean Air Act (CAA) section 213, U.S. EPA is without authority to adopt in-use 

standards for off-road (nonroad) engines, including marine engines.2

California is the only governmental entity in the United States authorized by the CAA, in 

the first instance, to adopt emission requirements for in-use off-road engines.3

 

Section 209(e)(1) of the CAA conclusively preempts states, including California, from 

adopting requirements for new off-road engines less than 175 horsepower that are used 

in farm or construction equipment. However, the proposed amendments address off-

 

2 The California term “off-road” and the federal term “nonroad” refer to the same sources and are used 

interchangeably. 

3

 See Engine Manufacturers Association v. U.S. EPA (D.C. Cir. 1996) 88 F.3d 1075, 1089-1091. 
8

road engines used in marine vessels, rather than those used in farm or construction 

equipment. Under section 209(e)(2), California may adopt and enforce emission 

standards and other requirements for off-road engines and equipment not conclusively 

preempted by section 209(e)(1), so long as California applies for and receives 

authorization from the Administrator of U.S. EPA. 

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS

The Board staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for 

the proposed regulatory action, which includes a summary of the economic and 

environmental impacts of the proposed regulatory amendments and which also 

describes the basis of the proposed action in more detail. The Staff Report is entitled, 

“Staff Report: Initial Statement of Reasons for the Proposed Rulemaking – Proposed 

Amendments to the Regulations to Reduce Emissions from Diesel Engines on 

Commercial Harbor Craft Operated Within California Waters and 24 Nautical Miles of 

the California Baseline.” 

Copies of the ISOR with the full text of the proposed regulatory language may be 

accessed on the ARB’s website listed below, or may be obtained from the Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, First Floor, Sacramento, California 95814, (916) 322-2990 at least 

45 days prior to the scheduled hearing on June 24, 2010. 

Upon its completion, the Final Statement of Reasons (FSOR) will be available and 

copies may be requested from the agency contact persons in this notice, or may be 

accessed on the ARB’s website listed below. 

Inquiries concerning the substance of the proposed regulation may be directed to the 

designated agency contact persons, Todd Sterling, Air Pollution Specialist, at 

(916) 445-1034, or Carolyn Suer, Staff Air Pollution Specialist in the Control Strategies 

Section, at (916) 327-5985. 

Further, the agency representative and designated back-up contact persons to whom 

nonsubstantive inquiries concerning the proposed administrative action may be directed 

are Lori Andreoni, Manager, Board Administration & Regulatory Coordination Unit, 

(916) 322-4011, and Amy Whiting, Regulations Coordinator, (916) 322-6533. The 

Board has compiled a record for this rulemaking action, which includes all the 

information upon which the proposal is based. This material is available for inspection 

upon request to the contact persons. 

This notice, the Staff Report, and all subsequent regulatory documents, including the 

FSOR, when completed, are also available on the ARB website for this rulemaking at 

http://www.arb.ca.gov/regact/2010/chc10/chc10.htm.
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COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED

Costs to Businesses and Private Individuals 

The determinations of the Board's Executive Officer concerning the costs or savings 

necessarily incurred by public agencies and private persons and businesses in 

reasonable compliance with the proposed amendments are presented below. 

The total regulatory cost of compliance with the proposed amendments to the CHC 

regulation is expected to be about $15 million in 2009 expenditure-equivalent dollars 

(2009 dollars). Regulatory costs are the estimated costs resulting from the proposed 

amendments taking into consideration the residual value of the in-use engine being 

replaced, the residual value of the most recent engine rebuild work, recordkeeping and 

reporting costs, and the time value of money associated with the early engine 

replacement. These costs would be spread over the years 2011 to 2022. On an annual 

basis, the cost would vary between approximately $178,000 and $2.7 million per year, 

averaging about $1.3 million per year. Approximately 60 percent of the compliance 

costs will be incurred by the crew and supply boat fleets and 40 percent by the barge 

and dredge fleets. 

New equipment costs are the total out-of-pocket costs of complying with the regulation, 

not taking into consideration the remaining useful life of the engine being replaced. New 

equipment costs are estimated to be approximately $46 million (2009 dollars) spread 

over the years 2011 to 2022, with an average annual cost of about $3.9 million. 

Specifically, the new equipment costs for purchasing and installing a new engine – are 

costs that the vessel owner would eventually pay, but the proposed amendments 

require this service to be performed earlier than normal. 

Staff estimates the cost-effectiveness of the proposed amendments in terms of dollars 

per pound of PM emission reduction to be about $35 per pound (2009 dollars) if all the 

total annualized cost is attributed solely to the PM reduction. Since the proposal would 

also result in NOx emission reductions, staff also evaluated cost-effectiveness by 

attributing half the total annualized cost to the PM emission reductions and half to the 

NOx emission reductions. The resulting cost-effectiveness values using the latter 

method are about $17 per pound of PM and $2,700 per ton of NOx. These values are 

based on the cost of regulatory compliance. 

California businesses are affected by the proposed annual cost of the amendments to 

the extent that the implementation of the proposed amendments reduces their 

profitability. Overall, most affected businesses will be able to absorb the costs of the 

proposed amendments with no significant adverse impacts on their profitability. This 

finding is based on the staff’s analysis of the estimated change in “return on owner’s 

equity” (ROE). Dun and Bradstreet financial data were used for the analysis, when 

available, to determine the change in ROE for typical businesses from each industry 

category. The staff found that the average overall change in ROE was a 0.95 percent 
10

decline. This range in ROE reduction is not considered to represent a significant impact 

on profitability. Because the proposed amendments would not alter significantly the 

profitability of most businesses, we do not expect a noticeable change in employment, 

business creation, elimination, or expansion, and business competitiveness in California 

for these industries. The change in ROE is expected to be larger for a small business. 

The Executive Officer has made an initial determination that the proposed regulatory 

action will not have a significant statewide adverse economic impact directly affecting 

businesses, including the ability of California businesses to compete with businesses in 

other states, or on representative private persons based on the estimated change in 

ROE. A number of businesses are integrally linked to California ports. However, we do 

not believe that the added costs of the proposed amendments are high enough for crew 

and supply, barge, and dredge vessel operators to consider alternate ports outside of 

California. The ARB staff has considered proposed alternatives and evaluated the 

economic impact on businesses. 

Alternatives that staff considered are described in more detail in the Staff Report. 

In accordance with Government Code section 11346.3, the Executive Officer has 

determined that the proposed regulatory action may affect the creation or elimination of 

jobs within the State of California, the creation of new businesses or elimination of 

existing businesses within the State of California, or the expansion of businesses 

currently doing business within the State of California. Some businesses that provide 

vessel repower services could expand due to the volume of business created by the 

regulatory requirements. A detailed assessment of the economic impacts of the 

proposed regulatory action can be found in the Staff Report. 

The Executive Officer has also determined, pursuant to title 1, CCR, section 4, that the 

proposed regulatory action would affect small businesses. 

In accordance with Government Code sections 11346.3(c) and 11346.5(a)(11), the 

Executive Officer has found that the reporting requirements of the proposed amended 

regulation which apply to businesses are necessary for the health, safety, and welfare 

of the people of the State of California. 

In accordance with Health and Safety Code sections 43013(a) and (b), the Executive 

Officer has determined that the standards and other requirements in the proposed 

amended regulation are necessary, cost-effective, and technologically feasible for diesel 

engines on all commercial harbor craft and specifically crew and supply, barge, and 

dredge vessels operated within Regulated California Waters. 

Before taking final action on the proposed regulatory action, the Board must determine 

that no reasonable alternative considered by the Board or that has otherwise been 

identified and brought to the attention of the Board would be more effective in carrying 

out the purpose for which the action is proposed or would be as effective and less 

burdensome to affected private persons than the proposed action. 
11

Costs to Local and State Government Agencies 

Pursuant to Government Code sections 11346.5(a)(5) and 11346.5(a)(6), the Executive 

Officer has determined that the proposed regulatory action would create costs to one 

State agency, one federal agency, and two local agencies. The California Department 

of Parks and Recreation operates two crew and supply vessels service Angel Island in 

the San Francisco Bay area and would be impacted by the in-use engine requirements. 

Regulatory cost to this state agency is estimated to be about $60,000. Barge and 

dredge vessels are owned and operated by two local agencies in Santa Cruz and 

Monterey and by the federal agency, the United States Army Corps of Engineers. The 

estimated regulatory costs range from approximately $1,900 to $45,000 over the life of 

the regulation for these agencies that operate barge and dredge vessels. ARB may 

incur an additional cost of less than $200,000 per year for implementation and 

enforcement beginning in 2011. The Executive Officer has also determined that the 

proposed regulatory action would not create savings to any State agency or in federal 

funding to the State, costs or mandate to any local agency or school district, whether or 

not reimbursable by the State pursuant to Government Code, title 2, division 4, part 7 

(commencing with section 17500), or other nondiscretionary cost or savings to State or 

local agencies. 

In developing this regulatory proposal, ARB staff evaluated the potential economic 

impacts on representative private persons or businesses. The ARB is not aware of any 

cost impacts that a representative private person or business would necessarily incur in 

reasonable compliance with the proposed action. 

A detailed assessment of the economic impacts of the proposed regulatory action can 

be found in the Staff Report. 

SUBMITTAL OF COMMENTS

Interested members of the public may also present comments orally or in writing at the 

meeting, and comments may be submitted by postal mail or by electronic submittal 

before the meeting. The public comment period for this regulatory action will begin on 

May 10, 2010. To be considered by the Board, written comments, not physically 

submitted at the meeting must be submitted on or after May 10, 2010 and received no 

later than 12:00 noon, Pacific Standard Time, June 23, 2010, and must be 

addressed to the following: 

Postal mail: Clerk of the Board, Air Resources Board 

1001 I Street, Sacramento, California 95814 

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 

Please note that under the California Public Records Act (Gov. Code, § 6250 et seq.), 

your written and oral comments, attachments, and associated contact information (e.g., 
12

your address, phone, email, etc.) become part of the public record and can be released 

to the public upon request. Additionally, this information may become available via 

Google, Yahoo, and any other search engines. 

The Board requests, but does not require, that 20 copies of any written statement be 

submitted and that all written statements be filed at least 10 days prior to the hearing so 

that ARB staff and Board members have time to fully consider each comment. The 

Board encourages members of the public to bring to the attention of staff in advance of 

the hearing any suggestions for modification of the proposed regulatory action. 

STATUTORY AUTHORITY AND REFERENCES

This regulatory action is proposed under the authority granted to ARB in Health and 

Safety Code sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, 43013, and 

43018. This action is proposed to implement, interpret, or make specific Health and 

Safety Code sections 39000, 39001, 39515, 39516, 39650, 39658, 39659, 39666, 

41510, 41511, 43013, 43016, and 43018; and Western Oil and Gas Ass’n v. Orange 

County Air Pollution Control District, 14 Cal.3rd 411, 121 Cal.Rptr. 249 (1975). 

HEARING PROCEDURES

The public hearing will be conducted in accordance with the California Administrative 

Procedure Act, title 2, division 3, part 1, chapter 3.5 (commencing with §11340) of the 

Government Code. 

Following the public hearing, the Board may adopt the regulatory language as originally 

proposed, or with non-substantial or grammatical modifications. The Board may also 

adopt the proposed regulatory language with other modifications if the text as modified 

is sufficiently related to the originally proposed text that the public was adequately 

placed on notice that the regulatory language as modified could result from the 

proposed regulatory action. In the event that such modifications are made, the full 

regulatory text, with the modifications clearly indicated, will be made available to the 

public for written comment at least 15 days before it is adopted. 

The public may request a copy of the modified regulatory text from ARB’s Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, First Floor, Sacramento, California, 95814, (916) 322-2990. 

To request a special accommodation or language needs for any of the following:

• An interpreter to be available at the hearing. 

• Have documents available in an alternate format (i.e. Braille, Large print) or 

another language. 

• A disability-related reasonable accommodation. 

Please contact the Clerk of the Board at (916) 322-5594 or by facsimile at 

(916) 322-3928 as soon as possible, but no later than 10 business days before the 
13

scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the 

California Relay Service. 

Para solicitar alguna comodidad especial o necesidad de otro idioma para alguna 

de las siguientes: 

• Un intérprete que esté disponible en la audiencia 

• Tener documentos disponibles en un formato alterno (por decir, sistema Braille, 

o en impresión grande) u otro idioma. 

• Una acomodación razonable relacionados con una incapacidad. 

Por favor llame a la oficina del Secretario del Consejo de Recursos Atmosféricos al 

(916) 322-5594 o envíe un fax al (916) 322-3928 no menos de diez (10) días laborales 

antes del día programado para la audiencia. Para el Servicio Telefónico de California 

para Personas con Problemas Auditivos, ó de teléfonos TDD pueden marcar al 711. 

 CALIFORNIA AIR RESOURCES BOARD 

 James N. Goldstene 

 Executive Officer 

Date: April 27, 2010 

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy 

consumption. For a list of simple ways you can reduce demand and cut your energy costs see our Website at 

www.arb.ca.gov.