Attachment 1 

Proposed 15-Day Amendments to the Regulations for Fuel Sulfur and 

Other Operational Requirements for Ocean-Going Vessels within 

California Waters and 24 nautical Miles of the California Baseline 
 

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Modified 15-Day Regulation Order 

FUEL SULFUR AND OTHER OPERATIONAL REQUIREMENTS 

FOR OCEAN-GOING VESSELS WITHIN CALIFORNIA WATERS AND 

24 NAUTICAL MILES OF THE CALIFORNIA BASELINE 

Note: Shown below are staff’s modifications to the originally proposed regulatory text 

set forth in Appendix A of the Staff Report: Initial Statement of Reasons, released on 

May 5, 2011. Only those portions containing the modifications are included. This 

document is printed in a style to indicate changes from the originally proposed 

regulatory language. All originally proposed regulatory language is shown in underline 

to indicate additions and strikeout to indicate deletions. Staff’s modifications to the 

original proposal are shown in double underline to indicate additions and double 

strikeout to indicate deletions. The symbol“*****” indicates that regulatory language not 

being amended is not shown. 

Amend section 2299.2, title 13, California Code of Regulations (CCR), to read as 

follows: 

§2299.2. Fuel Sulfur and Other Operational Requirements for Ocean-Going 

Vessels Within California Waters and 24 Nautical Miles of the California Baseline. 

(a) Purpose. 

 

***** 

(b) Applicability. 

(1) Except as provided in subsection (c), this section applies to any person who 

owns, operates, charters, rents, or leases any ocean-going vessel that operates 

in any of the Regulated California Waters, which include all of the following: 

(A) all California internal waters; 

(B) all California estuarine waters; 

(C) all California ports, roadsteads, and terminal facilities (collectively “ports”); 

(D) all waters within 3 nautical miles of the California baseline, starting at the 

California-Oregon border and 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 

California-Oregon border and ending at the California-Mexico border at the 

Pacific Ocean, inclusive; and 

(F) all waters within 24 nautical miles of the California baseline, starting at the 

California-Oregon border to 34.43 degrees North, 121.12 degrees West and 

ending at the California-Mexico border at the Pacific Ocean, inclusive, 

except for the region within the area defined by 34.8 degrees North, 121.14 
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degrees West, thence to 34.46 degrees North, 120.82 degrees West, thence 

to 34.36 degrees North, 120.82 degrees West, thence to 34.29 degrees 

North, 120.99 degrees West, and following the boundary 24 nautical miles 

from the California baseline from 34.29 degrees North, 120.99 degrees 

West to 34.8 degrees North, 121.14 degrees West. ; and 

(G) all waters within the area, not including islands, between the California 

baseline and a line starting at 34.43 degrees North, 121.12 degrees West; 

thence to 33.50 degrees North, 118.58 degrees West; thence to 32.65 

degrees North, 117.81 degrees West, and ending at the California-Mexico 

border at the Pacific Ocean, inclusive. 

(2) Except as provided in subsection (c), this section applies to ocean-going vessels 

that are flagged in, registered in, entitled to fly the flag of, or otherwise operating 

under the authority of the United States (“U.S.-flagged”) or any other country 

(“foreign-flagged”).

(3) Nothing in this section shall be construed to amend, repeal, modify, or change in 

any way any applicable U.S. Coast Guard 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, including but not limited 

to, obtaining any necessary approvals, exemptions, or orders from the 

U.S. Coast Guard.

(c) Exemptions. 

***** 

(d) Definitions. 

For purposes of this section, the following definitions apply: 

(1) “Alternative fuel” means natural gas, propane, ethanol, methanol, hydrogen, 

electricity, or fuel cells. Alternative fuel also means any mixture that only 

contains these fuels. 

(2) “ASTM” means ASTM International. 

(3) “Auxiliary boiler” means any fuel-fired combustion equipment designed primarily 

to produce steam for uses other than propulsion, including, but not limited to, 

heating of residual fuel and liquid cargo, heating of water for crew and 

passengers, powering steam turbine discharge pumps, freshwater generation, 

and space heating of cabins. Exhaust gas economizers that exclusively use 

diesel engine exhaust as a heat source to produce steam are not auxiliary 

boilers. 
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(4) “Auxiliary engine” means a diesel engine on an ocean-going vessel designed 

primarily to provide power for uses other than propulsion or emergencies, except 

that all diesel-electric engines shall be considered “auxiliary diesel engines” for 

purposes of this section. 

(5) “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 (August 2008); and 

(G) Chart 18740, San Diego to Santa Rosa Island (April 2005March 2007). 

(6) “Diesel Engine” means an internal combustion, compression-ignition (CI) 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. 

(7) “Diesel Particulate Matter” 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. 

(8) “Diesel-electric engine” means a diesel engine connected to a generator that is 

used as a source of electricity for propulsion or other uses. 

(9) “Emergency Generator” means a diesel-electric engine operated only during 

emergencies or to perform maintenance and testing necessary to ensure 

readiness for emergencies. 

(10) “Essential Modification” means the addition of new equipment, or the 

replacement of existing components with modified components, that can be 

demonstrated to be necessary to comply with this regulation. Essential 

modifications do not include: (1) changes that are made for convenience or 

automation of fuel switching; or (2) replacement of components that would be 

replaced in the absence of this regulation, based on measured component wear, 

visual inspection, or expected service life, even if accelerated due to the fuel 

requirements. Additional tankage is considered essential only if existing available 

tankage has less than the capacity required for a complete voyage within 

Regulated California Waters. 
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(11) “Estuarine Waters” means an arm of the sea or ocean that extends inland to 

meet the mouth of a river. 

(12) “Executive Officer” means the executive officer of the Air Resources Board 

(ARB), or his or her designee. 

(13) “Hydrocarbon (HC)” means the sum of all hydrocarbon air pollutants. 

(14) “Internal Waters” means any navigable river or waterway within the State of 

California. 

(15) “IMO” means the International Maritime Organization. 

(16) “ISO” means the International Organization for Standardization. 

(17) “Main Engine” means a diesel engine on an ocean-going vessel designed 

primarily to provide propulsion, except that diesel-electric engines shall not be 

considered “main engines” for purposes of this section. 

(18) “Marine Diesel Oil (MDO)” means any fuel that meets all the specifications for 

DMB grades as defined in Table I of International Standard ISO 8217, as revised 

in 2005, which is incorporated herein by reference., or DMB grades as defined in 

Table I of International Standard ISO 8217, as revised on June 15, 2010, which 

is incorporated herein by reference. 

(19) “Marine Gas Oil (MGO)” means any fuel that meets all the specifications for DMX 

or DMA grades as defined in Table I of International Standard ISO 8217, as 

revised in 2005, which is incorporated herein by reference., or DMX, DMA, or 

DMZ grades as defined in Table I of International Standard ISO 8217, as revised 

on June 15, 2010, which is incorporated herein by reference. 

(20) “Master” means the person who operates a vessel or is otherwise in charge of 

the vessel’s operations. 

(21) “Military Vessel” means any ship, boat, watercraft, or other contrivance used for 

any purpose on water, and owned or operated by the armed services. 

(22) “Nitrogen Oxides (NOx)” means compounds of nitric oxide (NO), nitrogen dioxide 

(NO2), and other oxides of nitrogen, which are typically created during 

combustion processes and are major contributors to smog formation and acid 

deposition. 

(23) “Non-Methane Hydrocarbons (NMHC)” means the sum of all hydrocarbon air 

pollutants except methane. 
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(24) “Ocean-going Vessel (OGV)” means a commercial, government, or military 

vessel meeting any one of the following criteria: 

(A) a non-tanker 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 non-tanker 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; 

(C) a non-tanker vessel propelled by a marine compression ignition engine with 

a per-cylinder displacement of greater than or equal to 30 liters; or 

(D) a tanker that meets any one of the criteria in subsections (A)-(C). 

 For purposes of this section, “ocean-going vessel” does not include tugboats, 

towboats, or pushboats. 

(25) “Operate” means steering or otherwise running the vessel or its functions while 

the vessel is underway, moored, anchored, or at dock. 

(26) “Own” means having all the incidents of ownership, including the legal title, of a 

vessel whether or not that person lends, rents, or pledges the vessel; having or 

being entitled to the possession of a vessel as the purchaser under a conditional 

sale contract; or being the mortgagor of a vessel. 

(27) “Particulate Matter” means any airborne finely divided material, except 

uncombined water, which exists as a liquid or solid at standard conditions 

(e.g., dust, smoke, mist, fumes or smog). 

(28) “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; 

(C) the United States or its agencies, to the extent authorized by federal law. 

(29) “Port Visit” means any of the following: 

(A) each separate and distinct entry of a vessel into a port, roadstead, or 

terminal facility (collectively “port”) in Regulated California Waters that 

results in the vessel stopping, docking, mooring, or otherwise dropping 

anchor (collectively “stopping”) at the port. The “port visit” continues if the 

vessel moves to a different berth within the same port, but the “port visit” 

ends when the vessel leaves for or is otherwise moved to another port within 
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the same bay or any other port; 

(B) except as provided in paragraph (C) below, each separate and distinct entry 

of a vessel into an offshore location in Regulated California Waters away 

from a port that results in the vessel stopping at that offshore location 

(e.g., Catalina Island or off Monterey). The “port visit” ends when the vessel 

leaves for or is otherwise moved to a port or another offshore location; or 

(C) each separate and distinct entry of a vessel into an offshore location in 

Regulated California Waters away from a port that results in the vessel 

stopping, followed by entry into that port, shall constitute one “port visit,” 

provided the offshore stop was conducted solely because the port could not 

accept the vessel as scheduled due to reasons beyond the reasonable 

control of the vessel operator or master. 

(30) “Regulated California Waters” means all of the following: 

(A) all California internal waters; 

(B) all California estuarine waters; 

(C) all California ports, roadsteads, and terminal facilities (collectively “ports”); 

(D) all waters within 3 nautical miles of the California baseline, starting at the 

California-Oregon border and 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 

California-Oregon border and ending at the California-Mexico border at the 

Pacific Ocean, inclusive; and 

(F) all waters within 24 nautical miles of the California baseline, starting at the 

California-Oregon border and ending at the California-Mexico border at the 

Pacific Ocean, inclusive, except for the region within the area defined by 

34.8 degrees North, 121.14 degrees West, thence to 34.46 degrees North, 

120.82 degrees West, thence to 34.36 degrees North, 120.82 degrees 

West, thence to 34.29 degrees North, 120.99 degrees West, and following 

the boundary 24 nautical miles from the California baseline from 34.29 

degrees North, 120.99 degrees West to 34.8 degrees North, 121.14 degrees 

West. to 34.43 degrees North, 121.12 degrees West, inclusive; and 

(G) all waters within the area, not including any islands, between the California 

baseline and a line starting at 34.43 degrees North, 121.12 degrees West; 

thence to 33.50 degrees North, 118.58 degrees West; thence to 

32.65 degrees North, 117.81 degrees West; and ending at the CaliforniaMexico border at the Pacific Ocean, inclusive. 

(31) “Roadstead” means any facility that is used for the loading, unloading, and 

anchoring of ships. 

(32) “Steamship” means a self-propelled vessel in which the primary propulsion and 

electrical power are provided by steam boilers. 
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(33) “Slow Speed Engine” means an engine with a rated speed of 150 revolutions per 

minute or less. 

(34) “Sulfur Oxides” means compounds of sulfur dioxide (SO2), and other oxides of 

sulfur, which are typically created during combustion of sulfur containing fuels. 

(35) “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. 

(36) “Two-stroke Engine” means an internal combustion engine which operates on a 

two stroke cycle where the cycle of operation completes in one revolution of the 

crankshaft. 

(37) “Vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other 

boat, ship, or watercraft, except those used primarily for recreation and any of the 

following: 

(A) a seaplane on the water; 

(B) a watercraft specifically designed to operate on a permanently fixed course, 

the movement of which is restricted to a fixed track or arm to which the 

watercraft is attached or by which the watercraft is controlled. 

(38) “Voyage” means each separate and distinct journey that begins when a vessel 

reaches Regulated California Waters from a point beyond Regulated California 

Waters, includes at least one port visit, and ends when the vessel departs from 

Regulated California Waters. 

(e) Operational Requirements. 

(1) Fuel Sulfur Content Limits. 

(A) Auxiliary Diesel Engines: 

1. Except as provided in subsections (c) and (h), beginning June 28, 

2009, upon the effective date of this regulation as approved by the 

Office of Administrative Law, a person subject to this section shall 

operate any auxiliary diesel engine, while the vessel is operating in 

Regulated California Waters, with either marine gas oil (MGO), with 

a maximum of 1.5 percent sulfur by weight, or marine diesel oil 

(MDO), with a maximum of 0.5 percent sulfur by weight, rounded as 

specified in subsection (i)(3); 

2. Except as provided in subsections (c) and (h), beginning August 1, 

2012, a person subject to this section shall operate any auxiliary 

diesel engine, while the vessel is operating in Regulated California 
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Waters, with either marine gas oil (MGO), with a maximum of 1.0 

percent sulfur by weight, or marine diesel oil (MDO), with a 

maximum of 0.5 percent sulfur by weight, rounded as specified in 

subsection (i)(3); 

2.3. Except as provided in subsections (c) and (h), beginning January 

1, 20142, a person subject to this section shall operate any 

auxiliary diesel engine, while the vessel is operating in Regulated 

California Waters, with marine gas oil (MGO) with a maximum of 

0.1% sulfur by weight or marine diesel oil (MDO) with a maximum 

of 0.1% sulfur by weight, rounded as specified in subsection (i)(3). 

(B) Main Engines and Auxiliary Boilers 

1. Except as provided in subsections (c) and (h), beginning July 1, 

2009, a person subject to this section shall operate any main engine 

or auxiliary boiler, while the vessel is operating in Regulated 

California Waters, with either marine gas oil (MGO), with a 

maximum of 1.5 percent sulfur by weight, or marine diesel oil 

(MDO), with a maximum of 0.5 percent sulfur by weight, rounded as 

specified in subsection (i)(3); 

2. Except as provided in subsections (c) and (h), beginning August 1, 

2012, a person subject to this section shall operate any auxiliary 

diesel engine, while the vessel is operating in Regulated California 

Waters, with either marine gas oil (MGO), with a maximum of 1.0 

percent sulfur by weight, or marine diesel oil (MDO), with a 

maximum of 0.5 percent sulfur by weight, rounded as specified in 

subsection (i)(3); 

2.3. Except as provided in subsections (c) and (h), beginning January 

1, 20142, a person subject to this section shall operate any main 

engine or auxiliary boiler, while the vessel is operating in Regulated 

California Waters, with marine gas oil (MGO) with a maximum of 

0.1% sulfur by weight or marine diesel oil (MDO) with a maximum of 

0.1% sulfur by weight, rounded as specified in subsection (i)(3).

(2) Recordkeeping, Reporting, and Monitoring Requirements. 

(A) Recordkeeping 

Upon the effective date of this regulation, any person subject to this section 

shall retain and maintain records in English that contain the following 

information for at least three years following the date when the records were 

made: 
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1. The date, local time, and position (longitude and latitude) of the vessel 

for each entry into Regulated California Waters from waters outside 

Regulated California Waters, and each departure from Regulated 

California Waters to waters outside Regulated California Waters; 

2. The date, local time, and position (longitude and latitude) of the vessel 

at the initiation and completion of any fuel switching procedures used to 

comply with subsection (e)(1) prior to entry into Regulated California 

Waters from waters outside Regulated California Waters; 

3. The date, local time, and position (longitude and latitude) of the vessel 

at the initiation and completion of any fuel switching procedures within 

Regulated California Waters; completion of fuel switching procedures 

occurs the moment all engines subject to this section have completely 

transitioned from operation on one fuel to another fuel; 

4. The type of fuel used (e.g., marine gas oil, marine diesel oil or heavy 

fuel oil) in each auxiliary engine, main engine, and auxiliary boiler 

operated in Regulated California Waters; and 

5. The types, amounts, and the actual percent by weight sulfur content of 

all fuels purchased for use on the vessel, as reported by the fuel 

supplier or a fuel testing firm. 

(B) Documentation of Fuel Switch Over Procedures. 

Any person subject to this section that complies with the fuel sulfur content 

limits by switching fuels shall retain and maintain records in English onboard ship that contain the following information for auxiliary engines, main 

engines and auxiliary boilers: 

1. A fuel system diagram that shows all storage, service, and mixing tanks, 

fuel handling, pumping, and processing equipment, valves, and 

associated piping. The diagram or other documentation shall list the 

fuel tank capacities and locations, and the nominal fuel consumption 

rate of the machinery at rated power; 

2. Description of the fuel switch over procedure with detailed instructions 

and clear identification of responsibilities; and 

3. The make, model, rated power, and serial numbers of all main engines, 

and auxiliary engines and make, model, rated output, and serial 

numbers of all auxiliary boilers subject to subsection (e)(1). 
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(C) Reporting and Monitoring. 

1. Any person subject to this section shall provide in writing the information 

specified in subsection (e)(2)(A) and (e)(2)(B) to the Executive Officer 

upon request, either within 24 hours or by a later date approved by the 

Executive Officer. To the extent the person already collects the 

information specified in subsections (e)(2)(A) and (e)(2)(B) in English to 

comply with other regulatory requirements or standard practices, the 

person may provide the requested information in a format consistent 

with those other regulatory requirements or standard practices. 

2. Any person subject to this section shall provide to the Executive Officer 

upon request additional information the Executive Officer determines to 

be necessary to determine compliance with this section. 

3. Any person subject to this section shall provide to the Executive Officer 

access to the vessel for the purpose of determining compliance with the 

this section, including but not limited to, access to and review of records 

and information required under subsections (e)(2)(A) and (e)(2)(B), and 

for the purpose of collecting fuel samples for testing and analysis. 

(f) Violations. 

***** 

(g) Noncompliance for Vessels Based on the Need for Essential Modifications. 

***** 

(h) Noncompliance Fee in Lieu of Meeting Subsection (e)(1). 

The Executive Officer may permit a person (“person”) to pay noncompliance fees 

(“fees”) in lieu of meeting the requirements of subsection (e)(1). Payment of the fees 

notwithstanding, all other provisions of this section shall continue to apply. No person 

shall be permitted to pay the fees unless the person meets the notification requirements 

in subsection (h)(1) and the requirements in either subsections (h)(2), (h)(3), or (h)(4), 

as specified below: 

(1) Notification Requirements. 

Before the person’s vessel enters Regulated California Waters from waters 

outside Regulated California Waters, the Executive Officer must receive notice 

that the person will not meet the requirements of subsection (e)(1) while 

operating within Regulated California Waters, but the person will instead meet 

the requirements of this subsection (h). If the Executive Officer has not received 
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such notice and the person enters Regulated California Waters, the person will 

be in violation of this section and will not be permitted to pay the fees in lieu of 

meeting the requirements of subsection (e)(1). 

(2) Noncompliance for Reasons Beyond a Person’s Reasonable Control. 

Any person wishing to pay the fees under this subsection (h)(2) shall meet the 

following criteria: 

(A) Demonstration of Need. 

The person shall, through adequate documentation, demonstrate to the 

Executive Officer’s satisfaction that the person’s noncompliance with the 

requirements of subsection (e)(1) is beyond the person’s reasonable control. 

For the purposes of this paragraph, “beyond the person’s reasonable 

control” applies only when one or more of the following sets of 

circumstances (1, 2, or 3) applies: 

1. Unplanned Redirection. 

This provision applies only when all of the following criteria are met: 

a. after leaving the last port of call, the person’s vessel was redirected 

from his/her original, officially logged, non-California destination to a 

California port, roadstead, or terminal facility (collectively “port”); and 

b. the vessel does not contain a quantity of fuel sufficient for the 

auxiliary engines, main engines, and auxiliary boilers to meet the 

requirements of subsection (e)(1). 

2. Inadequate Fuel Supply. 

This provision applies only when all of the following criteria are met: 

a. the person made good faith efforts to acquire a quantity of fuel 

sufficient for the auxiliary engines, main engines, and auxiliary boilers 

to meet the requirements of subsection (e)(1); and 

b. the person was unable to acquire fuel sufficient for auxiliary engines, 

main engines, and auxiliary boilers to meet the requirements of 

subsection (e)(1). 

3. Inadvertent Purchase of Defective Fuel. 

This provision applies only when all of the following criteria are met: 
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a. based on the fuel supplier’s certification of the fuel specifications, the 

person reasonably believed, and relied on such belief, that the fuel 

the person purchased on the route from the vessel’s home port to 

California would enable the auxiliary engines, main engines, and 

auxiliary boilers to meet the requirements of subsection (e)(1); 

b. the person determined that the auxiliary engines, main engines, and 

auxiliary boilers in fact will not meet the requirements of subsection 

(e)(1) using any of the fuel purchased under paragraph 3.a; and 

c. the vessel is already on its way to California, and there are no other 

ports of call on the vessel’s route where fuel can be purchased 

sufficient to meet the requirements of subsection (e)(1). 

 

(B) Payment of Fees. 

Upon meeting the requirements of paragraph (A) in this subsection (h)(2), 

the person shall pay the fees for every port visit, as specified in 

subsection (h)(5) below. 

(C) Executive Officer Review. 

For the purposes of verifying the demonstration of need as specified in 

paragraph (A) above, the Executive Officer may consider and rely on any 

facts or circumstances the Executive Officer believes are appropriate, 

including but not limited to: the fuel supplier’s ability or failure to provide 

adequate fuel ordered by the person; any material misrepresentation by the 

fuel supplier concerning the fuel specifications; the reasonableness of the 

person’s reliance on fuel suppliers with a history of supplying fuel 

inadequate for meeting the requirements of subsection (e)(1); and force 

majeure. 

(3) Noncompliance for Vessels to Be Taken Out of Service for Modifications. 

If a person cannot meet the requirements of subsection (e)(1) without vessel 

modifications, and elects not to comply under section (g), and such modifications 

cannot be completed prior to the effective date of subsection (e)(1), the 

Executive Officer may permit the person to pay the fees as specified in this 

subsection. The vessel must be scheduled to complete the necessary 

modifications (e.g. during a dry dock operation) as soon as possible, but no later 

than December 31, 2014. For this provision to apply, the person shall meet all of 

the following criteria: 

(A) Demonstration of Need. 
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The person shall provide the Executive Officer a Compliance Report, signed 

by the Chief Engineer of the person’s vessel, which: 

1. identifies the specific vessel modifications (“modifications”) (e.g., 

installation of additional fuel tanks, fuel cooling systems) the person 

plans to use for meeting the requirements of subsection (e)(1); 

2. identifies the specific date by which the modifications will be completed 

(i.e., while the vessel is in dry dock); and 

3. demonstrates to the satisfaction of the Executive Officer that the 

modifications will be made at the earliest possible date (e.g., the vessel 

has been scheduled for the earliest available dry dock appointment). 

(B) Payment of Fees. 

Upon meeting the requirements of paragraph (A) in this subsection (h)(3), 

the person shall pay the fees for every port visit, as specified in 

subsection (h)(5) below. 

(C) Proof of Modifications Actually Performed. 

Within ten (10) business days after the scheduled or actual completion of 

the modifications, whichever occurs first, the person shall provide written 

certification to the Executive Officer that the modifications specified under 

this subsection (h)(3) have been completed. If the modifications have not 

been completed, the person shall certify which modifications have been 

completed, which have not, and the anticipated completion date for the 

remaining modifications. The notification requirement specified in this 

paragraph, the notification requirements in subsection (h)(1) above, and the 

fee provisions in subsection (h)(5) below shall apply until all the 

modifications have been completed. 

(4) Noncompliance Based on Infrequent Visits and Need for Vessel Modifications. 

If a person cannot meet the requirements of subsection (e)(1) without 

modifications for the vessel at issue, and elects not to comply under section (g), 

and that vessel will make no more than two California voyages per calendar year, 

and no more than 4 California voyages after the effective date of the regulation, 

during the life of the vessel, the Executive Officer may permit the person to pay 

the fees as specified in this subsection. This provision terminates on 

December 31, 2014. 

(A) Demonstration of Need. 
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The person shall demonstrate to the satisfaction of the Executive Officer that 

modifications to the vessel are necessary to meet the requirements of 

subsection (e)(1), and that the vessel shall meet the visitation limits 

specified in this subsection (h)(4). 

(B) Payment of Fees. 

Upon meeting the requirements of paragraph (A) above, the person shall 

pay the fees for every port visit as specified in subsection (h)(5) below. 

(5) Calculation and Payment of Fees. 

Fees will be calculated based on the number of port visits made by a person 

using fuel that does not comply with subsection (e)(1). For each port visit, the 

person who elects to pay the fees pursuant to this subsection (h) shall pay the 

applicable fees shown in Table 1 prior to leaving the California port or by a later 

date approved by the Executive Officer. For persons that purchase fuels 

complying with subsection (e)(1) during their California port visit, and use these 

complying fuels during their port visit and upon departure, the fees specified in 

Table 1 shall be halved. The person shall deposit the fees in the port’s 

Noncompliance Fee Settlement and Air Quality Mitigation Fund. If no such port 

fund exists, the person shall deposit the fees into the California Air Pollution 

Control Fund, as directed by the Executive Officer. Port visits shall be 

cumulative for all non-compliant port visits over the life of the vessel. For the 

purposes of this paragraph, any port visit where the non-compliance fee is 

waived shall not be included in the cumulative total. 

(A) Noncompliance Fee Schedule. 

Table 1: Noncompliance Fee Schedule, Per Vessel 

(B) The fees shown in Table 1 shall be assessed by the Executive Officer at the 

time of the port visit. For the purposes of assessing fees under subsection 

(h), offshore anchorages made in conjunction with a port visit shall not be 

considered as a separate port visit. 

(C) For subsection (h)(2), beginning January 1, 20142, the fee will be waived 

once per vessel during each calendar year until December 31, 2014, when 

Port Visit Per-Port Visit Fee 

1st Port Visited $45,500 

2nd Port Visited $45,500 $91,000 

3rd Port Visited $91,000$136,500 

4th Port Visited $136,500 $182,000 

5th or more Port Visited $182,000 $227,500 
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all of the following are met: 

1. a person acquires fuel and meets the requirements of subsection (e)(1) 

prior to leaving the first port visited during the voyage and meets the 

requirements of (e)(1) for the remainder of the voyage; and

2. during any non-compliant portion of the voyage, a person operates each 

auxiliary engine, main engine, and auxiliary boiler with either marine gas 

oil (MGO), with a maximum of 1.5 1.0 percent sulfur by weight, or 

marine diesel oil (MDO), with a maximum of 0.5 percent sulfur by 

weight, rounded as specified in subsection (i)(3). 

(D) The Executive Officer may enter into enforceable agreements with each port 

that will receive the fees. The agreements shall require that the fees be 

used by the ports only to fund projects that will substantially reduce 

emissions of diesel PM, NOx, and SOx from on-site sources, sources within 

2 miles of port boundaries, or ocean-going vessels operated within the 

Regulated California Waters, except that the fees shall not be used to fund 

projects on vessels from which noncompliance fees were paid. Fees 

intended for ports that do not have such agreements at the time the fees are 

paid shall be deposited into the California Air Pollution Control Fund. 

(E) If for any reason the person is not notified by the Executive Officer of the 

assessed fee by the end of the port visit, the person shall nevertheless be 

responsible for payment of the appropriate fee as specified in this 

subsection (h) prior to leaving the California port or by a later date approved 

by the Executive Officer. 

(i) Test Methods. 

***** 

(j) Sunset, Baseline, and Test Method Review. 

***** 

(k) Severability. 

***** 

NOTE: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 

41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666, 

41510, and 41511, Health and Safety Code. 
A - 16 

Proposed Regulation Order 

FUEL SULFUR AND OTHER OPERATIONAL REQUIREMENTS 

FOR OCEAN-GOING VESSELS WITHIN CALIFORNIA WATERS AND 

24 NAUTICAL MILES OF THE CALIFORNIA BASELINE 

Note: Shown below are staff’s modifications to the originally proposed regulatory text 

set forth in Appendix A of the Staff Report: Initial Statement of Reasons, released on 

May 5, 2011. Only those portions containing the modifications are included. This 

document is printed in a style to indicate changes from the originally proposed 

regulatory language. All originally proposed regulatory language is shown in underline 

to indicate additions and strikeout to indicate deletions. Staff’s modifications to the 

original proposal are shown in double underline to indicate additions and double 

strikeout to indicate deletions. The symbol“*****” indicates that regulatory language not 

being amended is not shown. 

Amend section 93118.2, title 17, California Code of Regulations (CCR), to read as 

follows: 

§93118.2. Airborne Toxic Control Measure for Fuel Sulfur and Other Operational 

Requirements for Ocean-Going Vessels Within California Waters and 24 Nautical 

Miles of the California Baseline. 

(a) Purpose. 

 

***** 

(b) Applicability. 

(1) Except as provided in subsection (c), this section applies to any person who 

owns, operates, charters, rents, or leases any ocean-going vessel that operates 

in any of the Regulated California Waters, which include all of the following: 

(A) all California internal waters; 

(B) all California estuarine waters; 

(C) all California ports, roadsteads, and terminal facilities (collectively 

“ports”); 

(D) all waters within 3 nautical miles of the California baseline, starting at the 

California-Oregon border and 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 California-Oregon border and ending at the California-Mexico border 

at the Pacific Ocean, inclusive; and 

(F) all waters within 24 nautical miles of the California baseline, starting at 

the California-Oregon border to 34.43 degrees North, 121.12 degrees 
A - 17 

West and ending at the California-Mexico border at the Pacific Ocean, 

inclusive, except for the region within the area defined by 34.8 degrees 

North, 121.14 degrees West, thence to 34.46 degrees North, 120.82 

degrees West, thence to 34.36 degrees North, 120.82 degrees West, 

thence to 34.29 degrees North, 120.99 degrees West, and following the 

boundary 24 nautical miles from the California baseline from 34.29 

degrees North, 120.99 degrees West to 34.8 degrees North, 121.14 

degrees West. ; and 

(G) all waters within the area, not including islands, between the California 

baseline and a line starting at 34.43 degrees North, 121.12 degrees 

West; thence to 33.50 degrees North, 118.58 degrees West; thence to 

32.65 degrees North, 117.81 degrees West, and ending at the 

California-Mexico border at the Pacific Ocean, inclusive. 

(2) Except as provided in subsection (c), this section applies to ocean-going 

vessels that are flagged in, registered in, entitled to fly the flag of, or otherwise 

operating under the authority of the United States (“U.S.-flagged”) or any other 

country (“foreign-flagged”).

(3) Nothing in this section shall be construed to amend, repeal, modify, or change 

in any way any applicable U.S. Coast Guard 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, including but not 

limited to, obtaining any necessary approvals, exemptions, or orders from the 

U.S. Coast Guard.

(c) Exemptions. 

***** 

(d) Definitions. 

For purposes of this section, the following definitions apply: 

(1) “Alternative fuel” means natural gas, propane, ethanol, methanol, hydrogen, 

electricity, or fuel cells. Alternative fuel also means any mixture that only 

contains these fuels. 

(2) “ASTM” means ASTM International. 

(3) “Auxiliary boiler” means any fuel-fired combustion equipment designed primarily 

to produce steam for uses other than propulsion, including, but not limited to, 

heating of residual fuel and liquid cargo, heating of water for crew and 

passengers, powering steam turbine discharge pumps, freshwater generation, 

and space heating of cabins. Exhaust gas economizers that exclusively use 
A - 18 

diesel engine exhaust as a heat source to produce steam are not auxiliary 

boilers. 

(4) “Auxiliary engine” means a diesel engine on an ocean-going vessel designed 

primarily to provide power for uses other than propulsion or emergencies, except 

that all diesel-electric engines shall be considered “auxiliary diesel engines” for 

purposes of this section. 

(5) “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 (August 2008); and 

(G) Chart 18740, San Diego to Santa Rosa Island (April 2005March 2007). 

(6) “Diesel Engine” means an internal combustion, compression-ignition (CI) 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. 

(7) “Diesel Particulate Matter” 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. 

(8) “Diesel-electric engine” means a diesel engine connected to a generator that is 

used as a source of electricity for propulsion or other uses. 

(9) “Emergency Generator” means a diesel-electric engine operated only during 

emergencies or to perform maintenance and testing necessary to ensure 

readiness for emergencies. 

(10) “Essential Modification” means the addition of new equipment, or the 

replacement of existing components with modified components, that can be 

demonstrated to be necessary to comply with this regulation. Essential 

modifications do not include: (1) changes that are made for convenience or 

automation of fuel switching; or (2) replacement of components that would be 

replaced in the absence of this regulation, based on measured component wear, 

visual inspection, or expected service life, even if accelerated due to the fuel 

requirements. Additional tankage is considered essential only if existing available 
A - 19 

tankage has less than the capacity required for a complete voyage within 

Regulated California Waters. 

(11) “Estuarine Waters” means an arm of the sea or ocean that extends inland to 

meet the mouth of a river. 

(12) “Executive Officer” means the executive officer of the Air Resources Board 

(ARB), or his or her designee. 

(13) “Hydrocarbon (HC)” means the sum of all hydrocarbon air pollutants. 

(14) “Internal Waters” means any navigable river or waterway within the State of 

California. 

(15) “IMO” means the International Maritime Organization. 

(16) “ISO” means the International Organization for Standardization. 

(17) “Main Engine” means a diesel engine on an ocean-going vessel designed 

primarily to provide propulsion, except that diesel-electric engines shall not be 

considered “main engines” for purposes of this section. 

(18) “Marine Diesel Oil (MDO)” means any fuel that meets all the specifications for 

DMB grades as defined in Table I of International Standard ISO 8217, as revised 

in 2005, which is incorporated herein by reference., or DMB grades as defined in 

Table I of International Standard ISO 8217, as revised on June 15, 2010, which 

is incorporated herein by reference. 

(19) “Marine Gas Oil (MGO)” means any fuel that meets all the specifications for DMX 

or DMA grades as defined in Table I of International Standard ISO 8217, as 

revised in 2005, which is incorporated herein by reference., or DMX, DMA, or 

DMZ grades as defined in Table I of International Standard ISO 8217, as revised 

on June 15, 2010, which is incorporated herein by reference. 

(20) “Master” means the person who operates a vessel or is otherwise in charge of 

the vessel’s operations. 

(21) “Military Vessel” means any ship, boat, watercraft, or other contrivance used for 

any purpose on water, and owned or operated by the armed services. 

(22) “Nitrogen Oxides (NOx)” means compounds of nitric oxide (NO), nitrogen dioxide 

(NO2), and other oxides of nitrogen, which are typically created during 

combustion processes and are major contributors to smog formation and acid 

deposition. 

(23) “Non-Methane Hydrocarbons (NMHC)” means the sum of all hydrocarbon air 

pollutants except methane. 
A - 20 

(24) “Ocean-going Vessel (OGV)” means a commercial, government, or military 

vessel meeting any one of the following criteria: 

(A) a non-tanker 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 non-tanker 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; 

(C) a non-tanker vessel propelled by a marine compression ignition engine with 

a per-cylinder displacement of greater than or equal to 30 liters; or 

(D) a tanker that meets any one of the criteria in subsections (A)-(C). 

 For purposes of this section, “ocean-going vessel” does not include tugboats, 

towboats, or pushboats. 

(25) “Operate” means steering or otherwise running the vessel or its functions while 

the vessel is underway, moored, anchored, or at dock. 

(26) “Own” means having all the incidents of ownership, including the legal title, of a 

vessel whether or not that person lends, rents, or pledges the vessel; having or 

being entitled to the possession of a vessel as the purchaser under a conditional 

sale contract; or being the mortgagor of a vessel. 

(27) “Particulate Matter” means any airborne finely divided material, except 

uncombined water, which exists as a liquid or solid at standard conditions 

(e.g., dust, smoke, mist, fumes or smog). 

(28) “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; 

(C) the United States or its agencies, to the extent authorized by federal law. 

(29) “Port Visit” means any of the following: 

(A) each separate and distinct entry of a vessel into a port, roadstead, or 

terminal facility (collectively “port”) in Regulated California Waters that 

results in the vessel stopping, docking, mooring, or otherwise dropping 

anchor (collectively “stopping”) at the port. The “port visit” continues if the 

vessel moves to a different berth within the same port, but the “port visit” 

ends when the vessel leaves for or is otherwise moved to another port 
A - 21 

within the same bay or any other port; 

(B) except as provided in paragraph (C) below, each separate and distinct 

entry of a vessel into an offshore location in Regulated California Waters 

away from a port that results in the vessel stopping at that offshore 

location (e.g., Catalina Island or off Monterey). The “port visit” ends when 

the vessel leaves for or is otherwise moved to a port or another offshore 

location; or 

(C) each separate and distinct entry of a vessel into an offshore location in 

Regulated California Waters away from a port that results in the vessel 

stopping, followed by entry into that port, shall constitute one “port visit,” 

provided the offshore stop was conducted solely because the port could 

not accept the vessel as scheduled due to reasons beyond the reasonable 

control of the vessel operator or master. 

(30) “Regulated California Waters” means all of the following: 

(A) all California internal waters; 

(B) all California estuarine waters; 

(C) all California ports, roadsteads, and terminal facilities (collectively 

“ports”); 

(D) all waters within 3 nautical miles of the California baseline, starting at the 

California-Oregon border and 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 California-Oregon border and ending at the California-Mexico border 

at the Pacific Ocean, inclusive; and 

(F) all waters within 24 nautical miles of the California baseline, starting at 

the California-Oregon border and ending at the California-Mexico border 

at the Pacific Ocean, inclusive, except for the region within the area 

defined by 34.8 degrees North, 121.14 degrees West, thence to 34.46 

degrees North, 120.82 degrees West, thence to 34.36 degrees North, 

120.82 degrees West, thence to 34.29 degrees North, 120.99 degrees 

West, and following the boundary 24 nautical miles from the California 

baseline from 34.29 degrees North, 120.99 degrees West to 34.8 

degrees North, 121.14 degrees West. to 34.43 degrees North, 121.12 

degrees West, inclusive; and 

(G) all waters within the area, not including any islands, between the 

California baseline and a line starting at 34.43 degrees North, 121.12 

degrees West; thence to 33.50 degrees North, 118.58 degrees West; 

thence to 32.65 degrees North, 117.81 degrees West; and ending at the 

California-Mexico border at the Pacific Ocean, inclusive. 

(31) “Roadstead” means any facility that is used for the loading, unloading, and 

anchoring of ships. 
A - 22 

(32) “Steamship” means a self-propelled vessel in which the primary propulsion and 

electrical power are provided by steam boilers. 

(33) “Slow Speed Engine” means an engine with a rated speed of 150 revolutions per 

minute or less. 

(34) “Sulfur Oxides” means compounds of sulfur dioxide (SO2), and other oxides of 

sulfur, which are typically created during combustion of sulfur containing fuels. 

(35) “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. 

(36) “Two-stroke Engine” means an internal combustion engine which operates on a 

two stroke cycle where the cycle of operation completes in one revolution of the 

crankshaft. 

(37) “Vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other 

boat, ship, or watercraft, except those used primarily for recreation and any of the 

following: 

(A) a seaplane on the water; 

(B) a watercraft specifically designed to operate on a permanently fixed 

course, the movement of which is restricted to a fixed track or arm to 

which the watercraft is attached or by which the watercraft is controlled. 

(38) “Voyage” means each separate and distinct journey that begins when a vessel 

reaches Regulated California Waters from a point beyond Regulated California 

Waters, includes at least one port visit, and ends when the vessel departs from 

Regulated California Waters. 

(e) Operational Requirements. 

(1) Fuel Sulfur Content Limits. 

(A) Auxiliary Diesel Engines: 

1. Except as provided in subsections (c) and (h), beginning June 28, 

2009, upon the effective date of this regulation as approved by the 

Office of Administrative Law, a person subject to this section shall 

operate any auxiliary diesel engine, while the vessel is operating in 

Regulated California Waters, with either marine gas oil (MGO), with 

a maximum of 1.5 percent sulfur by weight, or marine diesel oil 

(MDO), with a maximum of 0.5 percent sulfur by weight, rounded as 

specified in subsection (i)(3); 
A - 23 

2. Except as provided in subsections (c) and (h), beginning August 1, 

2012, a person subject to this section shall operate any auxiliary 

diesel engine, while the vessel is operating in Regulated California 

Waters, with either marine gas oil (MGO), with a maximum of 1.0 

percent sulfur by weight, or marine diesel oil (MDO), with a 

maximum of 0.5 percent sulfur by weight, rounded as specified in 

subsection (i)(3); 

2.3. Except as provided in subsections (c) and (h), beginning January 1, 

20142, a person subject to this section shall operate any auxiliary 

diesel engine, while the vessel is operating in Regulated California 

Waters, with marine gas oil (MGO) with a maximum of 0.1% sulfur 

by weight or marine diesel oil (MDO) with a maximum of 0.1% sulfur 

by weight, rounded as specified in subsection (i)(3). 

(B) Main Engines and Auxiliary Boilers 

1. Except as provided in subsections (c) and (h), beginning July 1, 

2009, a person subject to this section shall operate any main 

engine or auxiliary boiler, while the vessel is operating in Regulated 

California Waters, with either marine gas oil (MGO), with a 

maximum of 1.5 percent sulfur by weight, or marine diesel oil 

(MDO), with a maximum of 0.5 percent sulfur by weight, rounded as 

specified in subsection (i)(3); 

2. Except as provided in subsections (c) and (h), beginning August 1, 

2012, a person subject to this section shall operate any auxiliary 

diesel engine, while the vessel is operating in Regulated California 

Waters, with either marine gas oil (MGO), with a maximum of 1.0 

percent sulfur by weight, or marine diesel oil (MDO), with a 

maximum of 0.5 percent sulfur by weight, rounded as specified in 

subsection (i)(3); 

2.3. Except as provided in subsections (c) and (h), beginning January 

1, 20142, a person subject to this section shall operate any main 

engine or auxiliary boiler, while the vessel is operating in Regulated 

California Waters, with marine gas oil (MGO) with a maximum of 

0.1% sulfur by weight or marine diesel oil (MDO) with a maximum 

of 0.1% sulfur by weight, rounded as specified in subsection (i)(3).

(2) Recordkeeping, Reporting, and Monitoring Requirements. 

(A) Recordkeeping. 

Upon the effective date of this regulation, any person subject to this section 

shall retain and maintain records in English that contain the following 
A - 24 

information for at least three years following the date when the records were 

made: 

1. The date, local time, and position (longitude and latitude) of the vessel 

for each entry into Regulated California Waters from waters outside 

Regulated California Waters, and each departure from Regulated 

California Waters to waters outside Regulated California Waters; 

2. The date, local time, and position (longitude and latitude) of the vessel 

at the initiation and completion of any fuel switching procedures used to 

comply with subsection (e)(1) prior to entry into Regulated California 

Waters from waters outside Regulated California Waters; 

3. The date, local time, and position (longitude and latitude) of the vessel 

at the initiation and completion of any fuel switching procedures within 

Regulated California Waters; completion of fuel switching procedures 

occurs the moment all engines subject to this section have completely 

transitioned from operation on one fuel to another fuel; 

4. The type of fuel used (e.g., marine gas oil, marine diesel oil or heavy 

fuel oil) in each auxiliary engine, main engine, and auxiliary boiler 

operated in Regulated California Waters; and 

5. The types, amounts, and the actual percent by weight sulfur content of 

all fuels purchased for use on the vessel, as reported by the fuel 

supplier or a fuel testing firm. 

(B) Documentation of Fuel Switch Over Procedures. 

Any person subject to this section that complies with the fuel sulfur content 

limits by switching fuels shall retain and maintain records in English onboard ship that contain the following information for auxiliary engines, main 

engines and auxiliary boilers: 

1. A fuel system diagram that shows all storage, service, and mixing tanks, 

fuel handling, pumping, and processing equipment, valves, and 

associated piping. The diagram or other documentation shall list the 

fuel tank capacities and locations, and the nominal fuel consumption 

rate of the machinery at rated power; 

2. Description of the fuel switch over procedure with detailed instructions 

and clear identification of responsibilities; and 

3. The make, model, rated power, and serial numbers of all main engines, 

and auxiliary engines and make, model, rated output, and serial 

numbers of all auxiliary boilers subject to subsection (e)(1). 
A - 25 

(C) Reporting and Monitoring. 

1. Any person subject to this section shall provide in writing the information 

specified in subsection (e)(2)(A) and (e)(2)(B) to the Executive Officer 

upon request, either within 24 hours or by a later date approved by the 

Executive Officer. To the extent the person already collects the 

information specified in subsections (e)(2)(A) and (e)(2)(B) in English to 

comply with other regulatory requirements or standard practices, the 

person may provide the requested information in a format consistent 

with those other regulatory requirements or standard practices. 

2. Any person subject to this section shall provide to the Executive Officer 

upon request additional information the Executive Officer determines to 

be necessary to determine compliance with this section. 

3. Any person subject to this section shall provide to the Executive Officer 

access to the vessel for the purpose of determining compliance with the 

this section, including but not limited to, access to and review of records 

and information required under subsections (e)(2)(A) and (e)(2)(B), and 

for the purpose of collecting fuel samples for testing and analysis. 

(f) Violations. 

***** 

(g) Noncompliance for Vessels Based on the Need for Essential Modifications. 

***** 

(h) Noncompliance Fee in Lieu of Meeting Subsection (e)(1). 

The Executive Officer may permit a person (“person”) to pay noncompliance fees 

(“fees”) in lieu of meeting the requirements of subsection (e)(1). Payment of the fees 

notwithstanding, all other provisions of this section shall continue to apply. No person 

shall be permitted to pay the fees unless the person meets the notification requirements 

in subsection (h)(1) and the requirements in either subsections (h)(2), (h)(3), or (h)(4), 

as specified below: 

(1) Notification Requirements. 

Before the person’s vessel enters Regulated California Waters from waters 

outside Regulated California Waters, the Executive Officer must receive notice 
A - 26 

that the person will not meet the requirements of subsection (e)(1) while 

operating within Regulated California Waters, but the person will instead meet 

the requirements of this subsection (h). If the Executive Officer has not received 

such notice and the person enters Regulated California Waters, the person will 

be in violation of this section and will not be permitted to pay the fees in lieu of 

meeting the requirements of subsection (e)(1). 

(2) Noncompliance for Reasons Beyond a Person’s Reasonable Control 

Any person wishing to pay the fees under this subsection (h)(2) shall meet the 

following criteria: 

(A) Demonstration of Need. 

The person shall, through adequate documentation, demonstrate to the 

Executive Officer’s satisfaction that the person’s noncompliance with the 

requirements of subsection (e)(1) is beyond the person’s reasonable control. 

For the purposes of this paragraph, “beyond the person’s reasonable 

control” applies only when one or more of the following sets of 

circumstances (1, 2, or 3) applies: 

1. Unplanned Redirection. 

This provision applies only when all of the following criteria are met: 

a. after leaving the last port of call, the person’s vessel was redirected 

from his/her original, officially logged, non-California destination to a 

California port, roadstead, or terminal facility (collectively “port”); and 

b. the vessel does not contain a quantity of fuel sufficient for the 

auxiliary engines, main engines, and auxiliary boilers to meet the 

requirements of subsection (e)(1). 

2. Inadequate Fuel Supply. 

This provision applies only when all of the following criteria are met: 

a. the person made good faith efforts to acquire a quantity of fuel 

sufficient for the auxiliary engines, main engines, and auxiliary boilers 

to meet the requirements of subsection (e)(1); and 

b. the person was unable to acquire fuel sufficient for auxiliary engines, 

main engines, and auxiliary boilers to meet the requirements of 

subsection (e)(1). 

3. Inadvertent Purchase of Defective Fuel. 
A - 27 

This provision applies only when all of the following criteria are met: 

a. based on the fuel supplier’s certification of the fuel specifications, the 

person reasonably believed, and relied on such belief, that the fuel 

the person purchased on the route from the vessel’s home port to 

California would enable the auxiliary engines, main engines, and 

auxiliary boilers to meet the requirements of subsection (e)(1); 

b. the person determined that the auxiliary engines, main engines, and 

auxiliary boilers in fact will not meet the requirements of subsection 

(e)(1) using any of the fuel purchased under paragraph 3.a; and 

c. the vessel is already on its way to California, and there are no other 

ports of call on the vessel’s route where fuel can be purchased 

sufficient to meet the requirements of subsection (e)(1). 

 

(B) Payment of Fees. 

Upon meeting the requirements of paragraph (A) in this subsection (h)(2), 

the person shall pay the fees for every port visit, as specified in 

subsection (h)(5) below. 

(C) Executive Officer Review. 

For the purposes of verifying the demonstration of need as specified in 

paragraph (A) above, the Executive Officer may consider and rely on any 

facts or circumstances the Executive Officer believes are appropriate, 

including but not limited to: the fuel supplier’s ability or failure to provide 

adequate fuel ordered by the person; any material misrepresentation by the 

fuel supplier concerning the fuel specifications; the reasonableness of the 

person’s reliance on fuel suppliers with a history of supplying fuel 

inadequate for meeting the requirements of subsection (e)(1); and force 

majeure. 

(3) Noncompliance for Vessels to Be Taken Out of Service for Modifications. 

If a person cannot meet the requirements of subsection (e)(1) without vessel 

modifications, and elects not to comply under section (g), and such modifications 

cannot be completed prior to the effective date of subsection (e)(1), the 

Executive Officer may permit the person to pay the fees as specified in this 

subsection. The vessel must be scheduled to complete the necessary 

modifications (e.g. during a dry dock operation) as soon as possible, but no later 

than December 31, 2014. For this provision to apply, the person shall meet all of 

the following criteria: 
A - 28 

(A) Demonstration of Need. 

The person shall provide the Executive Officer a Compliance Report, signed 

by the Chief Engineer of the person’s vessel, which: 

1. identifies the specific vessel modifications (“modifications”) (e.g., 

installation of additional fuel tanks, fuel cooling systems) the person plans 

to use for meeting the requirements of subsection (e)(1); 

2. identifies the specific date by which the modifications will be completed 

(i.e., while the vessel is in dry dock); and 

3. demonstrates to the satisfaction of the Executive Officer that the 

modifications will be made at the earliest possible date (e.g., the vessel 

has been scheduled for the earliest available dry dock appointment). 

(B) Payment of Fees. 

Upon meeting the requirements of paragraph (A) in this subsection (h)(3), 

the person shall pay the fees for every port visit, as specified in 

subsection (h)(5) below. 

(C) Proof of Modifications Actually Performed. 

Within ten (10) business days after the scheduled or actual completion of 

the modifications, whichever occurs first, the person shall provide written 

certification to the Executive Officer that the modifications specified under 

this subsection (h)(3) have been completed. If the modifications have not 

been completed, the person shall certify which modifications have been 

completed, which have not, and the anticipated completion date for the 

remaining modifications. The notification requirement specified in this 

paragraph, the notification requirements in subsection (h)(1) above, and the 

fee provisions in subsection (h)(5) below shall apply until all the 

modifications have been completed. 

(4) Noncompliance Based on Infrequent Visits and Need for Vessel Modifications. 

If a person cannot meet the requirements of subsection (e)(1) without 

modifications for the vessel at issue, and elects not to comply under section (g), 

and that vessel will make no more than two California voyages per calendar year, 

and no more than 4 California voyages after the effective date of the regulation, 

during the life of the vessel, the Executive Officer may permit the person to pay 

the fees as specified in this subsection. This provision terminates on 

December 31, 2014. 

(A) Demonstration of Need. 
A - 29 

The person shall demonstrate to the satisfaction of the Executive Officer 

that modifications to the vessel are necessary to meet the requirements of 

subsection (e)(1), and that the vessel shall meet the visitation limits 

specified in this subsection (h)(4). 

(B) Payment of Fees. 

Upon meeting the requirements of paragraph (A) above, the person shall 

pay the fees for every port visit as specified in subsection (h)(5) below. 

(5) Calculation and Payment of Fees. 

Fees will be calculated based on the number of port visits made by a person 

using fuel that does not comply with subsection (e)(1). For each port visit, the 

person who elects to pay the fees pursuant to this subsection (h) shall pay the 

applicable fees shown in Table 1 prior to leaving the California port or by a later 

date approved by the Executive Officer. For persons that purchase fuels 

complying with subsection (e)(1) during their California port visit, and use these 

complying fuels during their port visit and upon departure, the fees specified in 

Table 1 shall be halved. The person shall deposit the fees in the port’s 

Noncompliance Fee Settlement and Air Quality Mitigation Fund. If no such port 

fund exists, the person shall deposit the fees into the California Air Pollution 

Control Fund, as directed by the Executive Officer. Port visits shall be 

cumulative for all non-compliant port visits over the life of the vessel. For the 

purposes of this paragraph, any port visit where the non-compliance fee is 

waived shall not be included in the cumulative total. 

(A) Noncompliance Fee Schedule. 

Table 1: Noncompliance Fee Schedule, Per Vessel 

(B) The fees shown in Table 1 shall be assessed by the Executive Officer at the 

time of the port visit. For the purposes of assessing fees under subsection 

(h), offshore anchorages made in conjunction with a port visit shall not be 

considered as a separate port visit. 

(C) For subsection (h)(2), beginning January 1, 20142, the fee will be waived 

once per vessel during each calendar year until December 31, 2014, when 

Port Visit Per-Port Visit Fee 

1st Port Visited $45,500 

2nd Port Visited $45,500 $91,000 

3rd Port Visited $91,000$136,500 

4th Port Visited $136,500 $182,000 

5th or more Port Visited $182,000 $227,500 
A - 30 

all of the following are met: 

1. a person acquires fuel and meets the requirements of subsection (e)(1) 

prior to leaving the first port visited during the voyage and meets the 

requirements of (e)(1) for the remainder of the voyage; and

2. during any non-compliant portion of the voyage, a person operates each 

auxiliary engine, main engine, and auxiliary boiler with either marine gas 

oil (MGO), with a maximum of 1.5 1.0 percent sulfur by weight, or 

marine diesel oil (MDO), with a maximum of 0.5 percent sulfur by 

weight, rounded as specified in subsection (i)(3). 

(D) The Executive Officer may enter into enforceable agreements with each port 

that will receive the fees. The agreements shall require that the fees be 

used by the ports only to fund projects that will substantially reduce 

emissions of diesel PM, NOx, and SOx from on-site sources, sources within 

2 miles of port boundaries, or ocean-going vessels operated within the 

Regulated California Waters, except that the fees shall not be used to fund 

projects on vessels from which noncompliance fees were paid. Fees 

intended for ports that do not have such agreements at the time the fees are 

paid shall be deposited into the California Air Pollution Control Fund. 

(E) If for any reason the person is not notified by the Executive Officer of the 

assessed fee by the end of the port visit, the person shall nevertheless be 

responsible for payment of the appropriate fee as specified in this 

subsection (h) prior to leaving the California port or by a later date approved 

by the Executive Officer. 

(i) Test Methods. 

***** 

(j) Sunset, Baseline, and Test Method Review. 

***** 

(k) Severability. 

***** 

NOTE: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 

41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666, 

41510, and 41511, Health and Safety Code.