PUBLIC MEETING TO CONSIDER ADOPTING THE PROPOSED REGULATION FOR 

COMMERCIAL HARBOR CRAFT 

Staff’s Suggested Modifications to the Original Proposal

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 Staff Report: Initial Statement of Reasons 

released SEPTEMBER 7, 2007. Only those portions containing the suggested 

modifications are included. All proposed modifications will be made available to the 

public for a fifteen-day comment period prior to final adoption. 

Vessel Owners or Operators Compliance Reporting 

The original proposal contains language requiring each owner or operator subject to the 

requirements of subsection(e)(6)(C) and (D) to submit a Compliance Plan to the 

Executive Officer by February 28, 2009, that describes in detail the engine 

replacements, rebuilds, upgrades, use of diesel emission 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. Requiring this reporting within a year 

of required compliance rather than at the time of the initial reporting, possibly many 

years prior to compliance, allows the owner or operator to develop a plan based on 

current technology available and their current economic status. Requiring this report at 

the beginning of the compliance year will also alert ARB staff to contact those owners 

and operators who do not submit the plan as required, 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 13, chapter 5.1, CCR). 

“Engine’s Model Year + 5” Method of Determining Engine’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 date for the engine. One of these 

three methods allows an effective model year calculated as the engine’s actual model 

year of manufacture plus five year if a DECS is used with the existing in-use engine. 

This extends the engine compliance date by one to five 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 more than 10 percent, relative to the 

emissions of those pollutants without the use of the emission control strategy. This 

method was included in the original proposal to encourage the development and 

demonstration of DECS for harbor craft. It has been suggested that vessels ported in 

the South Coast Air Quality Management District (SCAQMD) be excluded from using 

this method. It was expressed that SCAQMD cannot afford the risk of delayed emission 

reductions due to the imminent 2014 deadline for demonstrating attainment of the 
federal PM2.5 standard. ARB staff agrees and proposes 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, title 17, chapter 1, subchapter 7.5, 

CCR and section 2299.5(e)(C)2, title 13, chapter 5.1, CCR)