PUBLIC MEETING TO CONSIDER ADOPTING THE PROPOSED RE GULATION FOR

COMMERCIAL HARBOR CRAFT

Staff’s Suggested Modifications to the Original Pro posal

TO BE PRESENTED AT THE OCTOBER 26, 2007 HEARING

OF THE AIR RESOURCES BOARD

Shown below are the staff’s suggested modifications to the originally proposed regulatory text set forth in Appendix A to the Staf f Report: Initial Statement of Reasons released SEPTEMBER 7, 2007. Only those portions co ntaining the suggested modifications are included. All proposed modificat ions will be made available to the public for a fifteen-day comment period prior to fi nal adoption.

Vessel Owners or Operators Compliance Reporting

The original proposal contains language requiring e ach owner or operator subject to the requirements of subsection(e)(6)(C) and (D) to subm it a Compliance Plan to the Executive Officer by February 28, 2009, that descri bes in detail the engine replacements, rebuilds, upgrades, use of diesel emi ssion control strategies (DECS), and any other measures the owner or operator plans to use to meet the requirements of this subsection of the regulation. Staff proposes that this Compliance Plan submittal be required by February 28 of the compliance year. Re quiring this reporting within a year of required compliance rather than at the time of t he initial reporting, possibly many years prior to compliance, allows the owner or oper ator to develop a plan based on current technology available and their current econ omic status. Requiring this report at the beginning of the compliance year will also aler t ARB staff to contact those owners and operators who do not submit the plan as require d, prior to the engine compliance date. (section 93118.5(h)(2), title 17, chapter 1, subchapter 7.5, California Code of Regulations (CCR) and section 2299.5(h)(2), title 1 3, chapter 5.1, CCR).

“Engine’s Model Year + 5” Method of Determining Eng ine’s Model Year

The original proposal provides for three methods of determining an engine’s effective model year to be used to establish the compliance d ate for the engine. One of these three methods allows an effective model year calcul ated as the engine’s actual model year of manufacture plus five year if a DECS is use d with the existing in-use engine. This extends the engine compliance date by one to f ive years, depending on the engine model year. The DECS must reduce either diesel PM or NOx by a minimum of 25 percent and must not increase either pollutant by m ore than 10 percent, relative to the emissions of those pollutants without the use of th e emission control strategy. This method was included in the original proposal to enc ourage the development and

demonstration of DECS for harbor craft. It has bee n suggested that vessels ported in the South Coast Air Quality Management District (SC AQMD) be excluded from using this method. It was expressed that SCAQMD cannot a fford the risk of delayed emission

reductions due to the imminent 2014 deadline for de monstrating attainment of thefederal PM2.5 standard. ARB staff agrees and propo ses to restrict the use of this

method of determining the engine model year in the original proposal to vessels not ported in the SCAQMD. (section 93118.5(e)(C)2, tit le 17, chapter 1, subchapter 7.5, CCR and section 2299.5(e)(C)2, title 13, chapter 5. 1, CCR)