State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text

PUBLIC HEARING TO CONSIDER THE ADOPTION OF 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

Public Hearing Date: June 24, 2010 Public Availability Date: October 1, 2010 Deadline for Public Comment: October 18, 2010

At its June 24, 2010 public hearing, the Air Re sources Board (ARB or Board) approved the adoption of amendments to title 17, Calif ornia Code of Regulations (CCR) section 93118.5 (the Commercial Harbor Craft (CHC) Regulation), and to title 13, CCR section

2299.5. These amendments will further reduce em issions of diesel particulate matter (PM) and oxides of nitrogen (NO x ) from diesel engines on commercial harbor craft operating within any of the R egulated California Waters. Regulated California Waters include all California inland waters, all Califor nia estuarine waters, and all waters within
a zone 24 nautical miles seaward of the Califor nia coastline, except for specified areas along the Southern Calif ornia coastline.

At the hearing, the Board adopted Resolution 10- 26, in which it approved the originally proposed amendments with modifications. These modifications had been suggested by staff in a document entitled “Staff’s Suggest ed Modifications to the Original Proposal”

that was distributed at the hearing and that was Attachment B to the Resolution.

The regulatory documents for this rule making, including Resolution 10-26, and

Attachment B are available onli ne at the following ARB website: http://www.arb.ca.gov/regac t/2010/chc10/chc10.htm

.

In accordance with section 11346.8 of the Go vernment Code, the Board directed the Executive Officer to adopt amendments to title 13, CCR section 2299.5 and title 17, CCR section 93118.5, with the modifications to title 17, CCR section 93118.5 shown in Attachment B to Resolution 10-26, after making the modified text available to the public for comment for a period of at least 15 da ys. The Board further provided that the
Executive Officer shall consider such writt en comments as may be submitted during this period, shall make such modifications as may be appropriate in light of the comments received, and shall present the regulations to the Board for further consideration if

warranted.2 Summary of Proposed Modifications

Attachment 1 to this notice contains the te xt of title 17, CCR section 93118.5 that shows the proposed 15-day modifications to the originally proposed amendments to the Commercial Harbor Craft Regulation. T here are no proposed 15-day modifications to title 13, CCR section 2299.5.

The rationale for the modifications to the or iginally proposed regulatory amendments to the Commercial Harbor Craft Regulation is set forth below.

I. Modifications to Regulatory T ext of title 17, CCR section 93118.5 Being

Made Available for Comment

A. Allowing the Use of ARB or U.S. EPA Certified Off-Road (Nonroad) Engines to Comply with the In-use Standard Requirements for Propulsion Engines [17 CCR Section 93118.5(e)(3)]

The CHC regulation presently prov ides that new or in-use diesel propulsion or auxiliary engines for in-use harbor craft may not be so ld, offered for sale, leased, rented, or acquired unless those engines are certified to at least federal Tier 2 or Tier 3 marine emission standards for a new engine of the sa me power rating and displacement in effect at the time, depending on the specified compliance dates. The proposed amendments would allow CHC owners or operator s to comply with these requirements by allowing them to also use currently av ailable ARB or U.S. EPA Tier 2 or higher certified off-road engines to meet the in-use requirements for auxiliary engines.

ARB staff is proposing modifications t hat would provide CHC owners or operators additional compliance flexibility by allowing them to also use currently available ARB or U.S. EPA Tier 2 or higher cert ified off-road engines to meet the in-use requirements for propulsion engines. The use of off-road engines is allowed only if the engine or vessel manufacturer has complied with 40 CFR 1042.605, which sets requirements for marinized land-based engines.

Staff proposed the amendments to allow ARB or U.S. EPA certified off-road engines to be used as harbor craft auxiliary engines becaus e, as discussed in Section 4.B of the Staff Report: Initial Statement of Reasons “ 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” (hereinafter “Staff Report”) for this rulemaking action, barge and dredge vessels generally utilize off-road engines in auxiliary engine applications, such as to power pumps, winches, and cranes, and

because no emissions increases would resu lt since the off-road engine emission standards are generally more stringent t han their equivalent federal marine engine
emission standards. Table 15 from the St aff Report is reproduced below, which compares the ARB and U.S. EPA off-road emission standards for diesel PM and NOx to the respective U.S. EPA marine engine emissi on standards for diesel PM and NOx.3 In addition, some commercial harbor craft ow ners and operators utilize certified off-road engines as propulsion engines. To provide CHC owners and operators additional compliance flexibility, staff is therefore pr oposing 15-day modifications to allow ARB or U.S. EPA certified off-road engines to be us ed as harbor craft propulsion engines. As discussed above, staff does not anticipate any adverse emissions consequences from this modification, since the off-road engine emission standards are generally more stringent than their equivalent federal ma rine engine emission standards. Staff has accordingly proposed modifications to 17 CCR sections 93118.5(e)(3)(A), (e)(6)(A), and (e)(6)(C)1-3.

Table 15: ARB and U.S. EPA Diesel PM and NOx Emission Standards for New Off-Road Engines (300 – 600 hp)

Off-Road Engines Marine Engines
Engine

Tier PM
Standard* NOx+HC

Standard* Effective

Date PM Standard* NOx+HC

Standard* Effective

Date

Tier 0 NA NA NA NA

Tier 1 0.40 7.90 1996 NA 7.3 2004

Tier 2 0.15 4.80 2000 0.15 5.4 2007

Tier 3 0.15 3.00 2006 0.08 4.2 2013

Tier 4

interim 0.01 1.64 2011 NA NA NA

Tier 4 final 0.01 0.44 2014 0.03 1.3 2016-2017

*Emission rates expressed in grams per brake horsepower-hour (g/bhp-hr)

B. Allowing the Use of ARB or U.S. EPA Certified Off-Road (Nonroad) Propulsion Engines to Comply with the Requirements for New Harbor Craft [17 CCR Section 93118.5(e)(4)]

Currently, the CHC regulation requires newly acquired harbor craft vessels to use propulsion engines certified to meet U.S. EPA’s marine engine standards. ARB staff is proposing an amendment to allow the use of AR B or U.S. EPA certified off-road engines to comply with the requirements in section 93118.5 (e)(4) for newly acquired vessels. The same justifications described above in sect ion I.A for in-use harbor craft , also apply to newly acquired vessels. This proposed amendment will provide ow ners or operators
of new commercial harbor craft vessels additi onal compliance flexibility by allowing them
to use either ARB or U.S. EPA Tier 2 or higher certified off-road engines or engines certified to meet Tier 2 or higher U. S. EPA marine engine standards to meet the requirements for propulsion engines.

II. Other Minor Changes

ARB staff is also proposing the following minor changes.

ARB staff is proposing to modify section 93118. 5(d)(17) to clarify that “certified nonroad engine” includes nonroad engines certified by U.S. EPA as meeting the requirements applicable to both new and in-use compression ignition engines both before and after the 2014 model year.4 Modify section 93118.5(d)(62) to clarify that the definition of “Pre-Tier 1 Engine” also includes an engine built before the effectiv e date of U.S. EPA’s Tier 1 emission standards for nonroad compression ignition engines as set forth in 40 CFR Part 89.

Add new section 93118.5(d)(84), a definition for the term “Tier 1 Off-Road or Nonroad

Emission Standards.”

Modify section 93118.5(d)(87) to substitute “Final Tier 4 Off-Road or Nonroad Emission

Standards” for “Tier 4 Off-Road or Nonroad Em ission Standards (final Tier 4 off-road standards),” to improve clarity.

Modify section 93118.5(d)(88) to substitu te “Interim Tier 4 Off-Road or Nonroad

Emission Standards” for “Tier 4 Off-Road or Nonroad Emission Standards (interim Tier 4 off-road standards)” to improve clarity.

In addition, modifications are being proposed in section 93118.5(e)(6)(E)2 to clarify that the extension is also available if the applic ant demonstrates there is no suitable Tier 2 or Tier 3 certified off-road replacement engine available anywhere that can be used in the applicant’s specific vessel.

Written comments will only be accepted on the modifications described in this notice and may be submitted by postal mail or electronic mail submittal as follows:

Postal Mail: Clerk of the Board

Air Resources Board 1001 “I” Street, 23 rd Floor Sacramento, California 95814

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

Please note that under the Calif ornia Public Records Act (Gov. Code § 6250 et seq.), your written and oral comments, attachm ents, and associated contact information (e.g., your address, phone, email, etc.) bec ome part of the public record and can be released to the public upon request. Additi onally, this information may become available via Google, Yahoo, and any other search engines.

In order to be considered by the Executive Officer, comments must be directed to the

ARB in one of the two forms described above and received by the ARB by 5:00 p.m. on the deadline date for public comment listed at the beginning of this notice. Only comments relating to the above-described modifi cations to the text of the regulations shall be considered by the Executive Officer.

If you need this document in an alternate format (i.e., Braille, large print, etc.) or another language, please contact the Clerk of the B oard at (916) 322-5594 or by facsimile at (916) 322-3928 no later than five (5) business days from the release date of this notice. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.5 Si necesita este documento en un formato alterno (por decir, sistema Braille, o en impresión grande) u otro idioma, 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 cinco (5) días laborales a partir de la fecha del lanzamiento de este aviso.
Para el Servicio Telefónico de California para Personas con Problemas Auditivos, ó de teléfonos TDD pueden marcar al 711.

AttachmentA - 1 ATTACHMENT 1

PROPOSED 15 DAY MODIFICAT IONS TO AMENDMENTS TO

THE REGULATIONS TO REDUCE EM ISSIONS FROM DIESEL ENGINES ON

COMMERCIAL HARBOR CRAFT OPERATED WITHIN CALIFORNIA WATERS AND

24 NAUTICAL MILES OF THE CALIFORNIA BASELINE

Note: This enclosure is printed in a styl e to indicate changes from the originally proposed provisions. The originally propos ed amendments as presented in the “Notice of Public Hearing to Consider the Adoption of Proposed Amendments to the Regulations to Reduce Emissions from Die sel Engines on Commercial Harbor Craft Operated Within California Waters and 24 N autical Miles of the California Baseline” made available on May 5, 2010, are indicated in underline to indicate additions and in

strikeout to indicate deletions.

The modifications to the originally proposed language presented in the “Notice of Public Availability of Modified Text” are shown in double underline to indicate proposed additional text, and bold strikeout to indicate proposed deleted text.A - 2 Section 93118.5. Airborne Toxic Control Measure for Commercial Harbor Craft.

(a) Purpose.

The purpose of this section is to reduce diesel particulate matter (PM), oxides of sulfur (SO
x ), and oxides of nitrogen (NO
x ) from diesel propulsion and auxiliary engines on harbor craft that operate in any of the waters subject to this section (“Regulated California Waters”). This section implements provisi ons of the Goods Movement Emission Reduction Plan, adopted by the Calif ornia Air Resources Board (ARB or CARB) in April 2006, to reduce emissions a nd health risk from ports and the movement of goods in California.

(b) Applicability.

(1) Except as provided in subsections (b) and (c), this section applies to any person who sells, supplies, offers for sale, pur chases, owns, operates, leases, charters, or rents any new or in-use diesel fueled harbor craft that is operated in any of the Regulated California Waters.

(2) Engine Subject to Multip le ARB Regulations. The requirements of this section

shall control i I n the event an engine that is permanently affixed to on a harbor craft is subject to the requirem ents of this section, and either :

(A) of this section, and either (A)(B) the regulation for portable comp ression ignition (CI) engines and equipment (sections 93116-93116.5, title 17 , California Code of Regulations (CCR)), or (B C ) the regulation for in-use off-road CI diesel vehicles engines and equipment (sections 2420-2427, title 13, CCR),

.

the requirements of this se ction shall supersede the requi rements of either of the regulations cited in 93118.5(b)(2 )(A) or 93118.5(b)(2)(B) above. This provision shall apply only to each engine on the ve ssel that meets the above requirements

and is permanently affixed to the vessel (i.e ., the engine, its fue ling system, or its exhaust system is weld ed or otherwise physically co nnected to the vessel or other vessel system in such a way that the engine cannot be easily removed for

use in a land

- based application wit hout modifications).

(3) This section applies to towboats and tugboats engaged in or intending to engage in the service of pulling, pushing, or hauling alongside tank vessels or tank barges.

(4) Notwithstanding the provisions of titl e 13, CCR, section 2299.1 and title 17, CCR, section 93118, this section shall apply to any ocean-going tugboats and towboats and shall supersede the requirements of 13 CCR 2299.1 and 17 CCR 93118 inA - 3 their entirety for ocean-going tugboats and towboats. For purposes of this paragraph, “ocean-going tugboats and to wboats” shall mean tugboats and towboats with a “registry” (f oreign trade) endorsement on its United States (U.S.)

Coast Guard certificate of documentati on, or tugboats and towboats that are registered under the flag of a count ry other than the United States.

(5) Nothing in this section shall be cons trued to amend, repeal, modify, or change in any way any other applicable State, U. S. Coast Guard, or other federal requirements. Any person subject to th is section shall be responsible for ensuring compliance with both U.S. Coast Guard regulations and the requirements of this section and any other applicable State and federal requirements, including but not limited to, obtaining any necessary approvals, exemptions, or orders from the U.S. Coast Guard.

(6) This section shall not apply to any engine and equipment t hat fall within the scope of the preemption of Section 209( e)(1)(A) of the Federal Clean Air Act (42 United States Code (U.S.C.) 7543(e)(1 )(A)) and as defined by regulation of

the U.S. Environmental Prot ection Agency (U.S. EPA).

(c) Exemptions.

All or portions of this section do not apply to the following, as provided below, but vessels that are partly or who lly exempt from this section may be subject to other State or federal regulations and require ments. A person subject to such other State or federal regulations and requirements is solely resp onsible for ensuring the vessel complies with those regulations and requirement s. All other portions of th is section shall apply unless otherwise specified:

(1) The requirements of this section do not apply to harbor craft voyages that are comprised of continuous and expediti ous navigation through any of the Regulated California Waters for the purpose of traversi ng such bodies of water without entering California internal or estuarine waters or calling at a port, roadstead, or terminal facility. “Conti nuous and expeditious navigation” includes stopping and anchoring only to the ext ent such stopping and anchoring are required by the U.S. Coast Guard; r endered necessary by force majeure or distress; or made for the purpose of render ing assistance to persons, ships, or aircraft in danger or distress. This ex emption does not apply to the passage of a harbor craft that engages in any of the prejudicial activities specified in

United Nations Convention on the Law of the Seas (UNCLOS) 1982, Article 19, subpart 2. Further, not withstanding any U.S. Coas t Guard mandated stops or stops due to force majeure or the rendering of assistanc e, this exemption does not apply to a vessel that was otherwise scheduled or intended to enter California

internal or estuarine waters or call at a port, roadstead or terminal facility;

(2) Except as provided in Paragraph (3) below, a temporary replacement vessel is exempt only from the requirements set forth in subsection (e)(6) and only upon written approval by the ARB’s Executive Offi cer (E.O.). All other provisions inA - 4 this section shall apply to a temporar y replacement vessel subject to this paragraph. An owner or operator, who has or will have a vessel taken out of service, may apply in writing to the E .O. to operate a te mporary replacement vessel pursuant to the following:

(A) The E.O. shall approve or disapp rove such a request within 15 days of receipt. The E.O. shall not unreasonably withhold approval of the request to operate the temporary r eplacement vessel; (B) If the approval is granted, the te mporary replacement vessel’s operating time will be specified in the approval by the E.O., along with any other terms, conditions, or requirements t he E.O. deems necessary, but in no case shall the approved operating time in Regulated California Waters for a specific temporary replacement vessel exceed one year tota l for any single vessel that is temporarily replaced; and (C) No temporary replacement vessel exemptions shall be approved for a

vessel that is taken out of service more than 12 months in any 24-month period or if the E.O. cannot determi ne the length of time a vessel has been taken out of service within any 24-month period;

(3) A temporary replacement vessel used to replace a vessel that has its homeport in the South Coast Air Quality Management District (SCAQMD) is exempt only from the compliance dates se t forth in Table 8 of subsection (e)(6) and only upon written approval from the E.O. All other provisions in this section, including but not limited to, the compliance dates specified in Table 7, Table 9, and Table 10 of subsection (e)(6), shall apply to a tempor ary replacement vessel subject to this paragraph. An owner or operator, who has or will have a vessel taken out of service, may apply in writing to the E .O. to operate a te mporary replacement vessel pursuant to the following:

(A) The E.O. shall approve or disapp rove such a request within 15 days of receipt. The E.O. shall not unreasonably withhold approval of the request to operate the temporary r eplacement vessel; (B) If the approval is granted, the tem porary replacement vessel’s operating time will be specified in the approval by the E.O., along with any other terms, conditions, or requirements t he E.O. deems necessary, but in no case shall the approved operating time in Regulated California Waters for a specific temporary replacement vessel exceed one year tota l for any single vessel that is temporarily replaced; and (C) No temporary replacement vesse l exemptions shall be approved for a

vessel that is taken out of service more than 12 months in any 24-month period or if the E.O. cannot determi ne the length of time a vessel has been taken out of service within any 24-month period;

(4) A temporary emergency rescue/recovery vesse l is exempt from this section in its entirety;A - 5 (5) A recreational vessel is exempt fr om this section in its entirety;

(6) An ocean-going vessel, except for ocean-going tugboats and towboats as provided in subsection (b)(4), is exempt from this section in its entirety;

(7) The following engines are exempt from this section in its entirety:

(A) Notwithstanding section (b)(2), a vessel engine, including an engine on a barge, which is registered with ARB’s Portable Engine Equipment Registration Program (PERP) (sections 2450 through 2465, title 13, CCR) before January 1, 2009 ;

(B) A vessel engine that is registered wit h PERP on or after January 1, 2009

. and is not permanently affixed to the vessel (i.e., the engine, its fueling system, and its exhau st system are not welded or otherwise physically

connected to the vessel or other ve ssel system, which permits the engine to be easily removed for use in a land

- based application without modifications); and (C) A vessel engine that is registered and permit ted under local air district regulations before January 1, 2009;

(8 7 ) A registered historic vessel is exempt only from subsection (e)(6);

(9 8 ) A U.S. Coast Guard vessel is exempt from this section in its entirety;

(10 9 ) A military tactical support vessel is exem pt from this section in its entirety;

(11 10 ) An engine rated less than 50 horsepower (hp) is exempt only from subsection (e)(6);

(12) An engine or vessel that is operated le ss than 300 hours per calendar year is exempt only from the requirements of subsection (e) (6) ; and

(13 1 ) Near-Retirement Vessels. A harbor craft is exempt from the requirements of subsection (e)(6)(C) and (e)(6)(D) if a ll of the following criteria have been met:

(A) the vessel is scheduled to be taken out of service and retired permanently; (B) the vessel is actually taken out of service and retired on or before the

retirement date sch eduled under (A) above; and (C) the vessel has an engine with a compliance date, as set forth in subsection (e)(6)(D), that is within one year of the vessel’s scheduled retirement date under (A) above.

Operation of a vessel subject to this pr ovision after the scheduled retirement date or the engine’s compliance date, whichever occu rs later, is a separate violation of this section for each and every engi ne and each and every day of operationA - 6 during which an engine on the vessel does not meet the requirements of subsection (e)(6)(C) or other parts of this section.

(d) Definitions.

For purposes of this section, the definitions of Health and Safety Code (H&S) sections 39010 through 39060 shall apply ex cept as otherwise specif ied in this section:

(1) “Air District” means one of the local ai r pollution control districts (APCDs) or air quality management districts (AQMDs) established under H&S section 40000 et

seq.

(2) “Alternative Diesel Fuel” means any fuel used in a diesel engine that is not commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to t he specifications in American Society for Testing and Materials (ASTM) D975-81, “S tandard Specification for Diesel Fuel Oils,” as modified in May 1982, which is incorporated herein by reference, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalib ration of the engine fuel control) may enhance performance. Examples of alternat ive diesel fuels include, but are not limited to, biodiesel and biodiesel blends not meeti ng the definition of CARB diesel fuel; Fischer-Tropsch fuels; emulsi ons of water in diesel fuel; and fuels with a fuel additive, unless:

(A) the additive is supplied to t he engine fuel by an on-board dosing mechanism, or (B) the additive is directly mixed into t he base fuel inside the fuel tank of the engine, or (C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel comb ination is mixed than required for a single fueling of a single engine.

(3) “Alternative Fuel” means natural gas, propane, ethanol, methanol, gasoline, hydrogen, electricity, or other technolog ies that do not meet the definition of

CARB diesel or alternative diesel fuel. "Alternative fuel" also means any mixture that only contains these fuels.

(4) “Annual Hours of Operat ion” means the total number of hours, rounded to the nearest whole hour, a vessel engine is used for all commercial purposes in Regulated California Waters in the ca lendar year (January 1 to December 31) immediately prior to the engine’s appl icable compliance date set forth in subsection (e)(6)(D). For ex ample, if a vessel is used for commercial fishing and commercial non-fishing purposes, the tota l number of hours combined for both

uses shall be the total annual hour s of operation for that vessel.A - 7 (5) “Auxiliary Engine” means an engine designed primarily to provide power for uses other than propulsion.

(6) “Averaging” means an exchange of excess reduced regulated emissions among engines on vessels in the same owner’s or operator’s fleet.

(7) “Baseline” means the emissions level of a diesel engine using CARB diesel fuel as configured upon initial marine installation.

(8) “Barge” means a vessel having a flat- bottomed rectangular hull with sloping ends

and built with or without a propulsion engine.

(9) “California Air Resources Board (CARB) Diesel Fuel” means any diesel fuel that meets the specifications of vehicular diesel fuel, as defined in title 13 CCR, sections 2281, 2282, 2284, 2299, and title 17 CCR section 93116.

(10) “California Baseline” means the mean lower low wate r 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 incorpor ated 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 Concept ion to Point Sur (July 2003); (F) Chart 18720, Point Dume to Purisima Point (January 2005); and (G) Chart 18740, San Diego to Santa Rosa Island (April 2005 March 2007 ).

(11) “CARB” means the California Air Res ources Board. CARB may also be referred

to as “ARB.”

(12) “Carbon Monoxide (CO)” is a colo rless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels.

(13) “Category 1 engine” means any marine engine with a displacement of less than 5.0 liters per cylinder and with a maximum horsepower (hp) rating of 50 hp or greater

.

(14) “Category 2 engine” means any marine engi ne with a displacement of 5.0 to less than 30 liters per cylinder.

(15) “Category 3 engine” means any marine engine with a displacement of greater than 30 liters per cylinder.A - 8 (16) “Certified marine engine” means an engine that is certified by U.S. EPA as meeting the requirements of title 40, Code of Feder al Regulations (CFR),

Part 94 or Part 1042

.

(17) “Certified nonroad engine” means an engi ne that is certified by U.S. EPA as meeting the requirements of title 40, Code of Federal Regulations (CFR), Part 89

. or 40 CFR, Part 1039.

(17 8 ) “Coast Guard Vessel” means any vessel or boat owned or operated by the U.S. Coast Guard, including, but not limited to , U.S. Coast Guard cutters and patrol

boats that are used for la w enforcement, defense operations, marine science, search and rescue missions, training missi ons, coastal surveillance, servicing aids to navigation, and ma rine environmental response.

(18 9 ) “Compliance Date” means the date by whic h time a vessel engine must meet the requirements set forth in subsection (e )(6)(C). The “compliance date” for a vessel engine is set forth in either Table 7or

, Table 8, Table 9, or Table 10 in subsection (e)(6)(D), whichever is applicable.

(19 20 ) “Crew and Supply Vessel” means a se lf-propelled vessel used for carrying personnel and/or supplies to and from off-shore and in-harbor locations (including, but not limited to, off-shore work platforms, construction sites, and other vessels).

(20 1 ) “Date of Acquisition” means , for a vessel or engine subjec t to this re gulation, the date of purchase as defined by the date s hown on the front of the cashed check,

the date of the financial transaction, or the date on the vessel or engine purchasing agreement, whichever is earliest of the three dates.

(21 2 ) “Diesel Engine” means an internal combustion, compre ssion-ignition (CI) engine, or pilot ignition engine with operating characteristics sign ificantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicati ve of a compression ignition engine.

(22 3 ) “Diesel Fuel” means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel , including any mixture of primarily liquid hydrocarbons (HC) - organic compounds co nsisting exclusively of the elements carbon and hydrogen - that is sold or repr esented by the supplier as suitable for use in an internal combustion, compression-ignition engine.

(23 4 ) “Diesel-Fueled” means a di esel engine fueled in whol e or part by diesel fuel.

(24 5 ) “Diesel Oxidation Catalyst (DOC)” m eans an emission control technology that employs a catalyst to promote oxidati on processes in diesel exhaust gases, usually designed to reduce emissions of the organic fraction of diesel particulates, gas-phase HC, and CO.A - 9 (25 6 ) “Diesel Particulate Filter (DPF)” m eans an emission control technology that reduces diesel PM emissions in engine ex haust gases by trapping the particles in

a flow filter substrate a nd periodically removes the co llected particles by either physical action or by oxidizing (burning off) the particles in a process called regeneration.

(26 7 ) “Diesel Particulate Matter (Diesel PM)” means the particles found in the exhaust of diesel engines, which may agglomer ate and adsorb other species to form structures of complex physi cal and chemical properties.

(27 8 ) “Direct Control” means owning, operating, having a contract, lease, or other arrangement to operate a harbor craft.

(29) “Dredge” means a vessel designed to remove earth from the bottom of waterways, by means of including, but not limited to, a scoop, a series of buckets, or a suction pipe. Dredges in clude, but are not limited to, hopper dredges, clamshell dredges, or pipeline dredges.

( 28 30 ) “Emission Control Strategy” means any dev ice, system, or strategy employed to reduce emissions from an engine, including, but not limited to, diesel oxidation catalysts, selective catalytic reduction systems, diesel part iculate filters, alternative diesel fuels, wa ter emulsified fuels, and any combination of the above.

( 29 31 ) “Estuarine Waters” means an arm of t he sea or ocean that extends inland to

meet the mouth of a river.

(30 2 ) “Excursion Vessel” means a self-propel led vessel that transports passengers for purposes including, but not limited to, dinner cruises; harbor, lake , or river tours; scuba diving expeditions; and whale watchi ng tours. “Excursion Vessel” does not include crew and supply vessels, fe rries, and recreational vessels.

(31 3 ) “Executive Officer” means the Executiv e Officer (E.O.) of the California Air Resources Board or his/her designee.

(34) “Family Emission Limit (FEL)" means an emission level that is declared by the

manufacturer to serve in lieu of an em ission standard for certification purposes and for the averaging, bankin g, and trading program, as defined in title 13, California Code of Regulations, section 2423 or 40 CFR Part 89.112(d), or 40 CFR Part 1039.101, as they existed on April 27, 2010.

(32 5 ) “Ferry” means a harbor craft having provisions only for deck passengers or vehicles, operating on a short run, on a frequent schedule between two points over the most direct water route, and o ffering a public service of a type normally attributed to a bridge or tunnel.A - 10 (33 6 ) “Fishing Vessel” means a self-pro pelled vessel that is either:

(A) a commercial vessel dedicated to the s earch for, and collection of, fish for the purpose of sale at market or directly to a purchaser(s), or (B) a charter vessel used for hire by the general public and dedicated to the search for and collection of, fish for t he purpose of general consumption.

(34 7 ) “Fleet” means the total number of harbor craft owned, rented, or leased by an owner or operator in an air district or di stinct locale within Regulated California Waters or the statewide populatio n of a specific vessel type.

(35 8 ) “Fuel Additive” means any substance designed to be added to fuel or fuel systems or other engine-relat ed engine systems such that it is present in-cylinder during combustion.

(36 9 ) “Harbor Craft” (also called “Commercia l Harbor Craft”) means any private, commercial, government, or military mari ne vessel including, but not limited to, passenger ferries, excursion vessels, t ugboats, ocean-going t ugboats, towboats, push-boats, crew and supply vessels, wo rk boats, pilot vessels, supply boats, fishing vessels, research vessels, U. S. Coast Guard vessels, hovercraft, emergency response harbor craft, and barge vessels that do not otherwise meet the definition of ocean-going vess els or recreational vessels.

(37 40 ) “Homeport” means the port in which a vesse l is registered or permanently based.

(38 41 ) “In-Use Harbor Craft” m eans a harbor craft that is not a new harbor craft.

(39 42 ) “In-Use Marine Engine” means a marine eng ine that is not a new marine engine.

(40 3 ) “Lease” means a contract by which the ow ner (lessor) of a property, such as a vessel or engine, grants the right to use or occupy t he property to another person (lessee) for a specified term and for a specified rent.

(41 4 ) “Level” means, unless the context require s otherwise, one of three categories of

ARB-verified diesel emission control stra tegies as set forth in title 13, CCR, section 2700 et seq.: Level 1 means t he strategy reduces engine diesel PM emissions by between 25 and 49 percent; Level 2 means the strategy reduces engine diesel PM emissions by between 50 and 84 percent; and Level 3 means the strategy reduces engine diesel PM em issions by 85 percent or greater, or reduces engine diesel PM emissions to less than or equal to 0.01 grams per brake horsepower-hour (g/bhp-hr).

(42 5 ) “Low-Use” means the operation of any compression-ignition engine associated

with a harbor craft vessel for less than 300 the total annual hours of operation in Regulated California Waters, based on the immediately preceding calendar year, that deems it subject to the in-use engine requirements

.A - 11 (43 6 ) “Military Tactical Support” means a vessel that meets military specifications, is owned by the U.S. Department of Defens e, the U.S. Coast Guard, the U.S. Military services or its allies, and is used in combat, combat support, combat services support, tactical or relief operat ions or training for such operations.

(44 7 ) “Model Year” means the diesel engine manufacturer’s annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year.

(45) “Multipurpose Harbor Craft” means a har bor craft that serves as a ferry, excursion vessel, tugboat, or towboat but is also used as a work, crew and supply, pilot, fishing, supply, or other vessel.

(46 8 ) “New Harbor Craft” means a harbor craf t for which both of t he following criteria

are true:

(A) it is built, or its keel is laid, on or after January 1, 2009, and (B) the equitable or legal title to the harbor craft has never been transferred to an ultimate purchaser.

Where the equitable or legal title to t he harbor craft is not transferred to an ultimate purchaser prior to the harbor craf t being placed into service, the harbor craft ceases to be new when it is placed in to service. A harbor craft is placed into service when it is used for its functional purposes.

(47 9 ) “New Marine Engine” means a mari ne engine for which bot h of the following

criteria are true:

(A) it is manufactured or import ed on or after January 1, 2009, and (B) the equitable or legal title to the engine has never been transferred to an ultimate purchaser.

Where the equitable or legal title to the engi ne is not transferred to an ultimate purchaser prior to the engine being placed into service, the engine ceases to be new when it is placed into service. An engine is placed into service when it is used for its functional purposes.

(48 50 ) “Nitrogen Oxides or Oxides of Nitrogen (NO
x )” means compounds of nitric oxide (NO), nitrogen dioxide (NO 2 ), and other oxides of nitr ogen, which are typically created during combustion processes and are major contributors to smog formation and acid deposition.

(49 51 ) “Non-Methane Hydrocarbons (NMHC)” m eans the sum of a ll hydrocarbon (HC) air pollutants except methane.A - 12 (50 2 ) “Ocean-going Vessel” means a commercial , government, or military vessel meeting any one of the following criteria:

(A) a vessel greater than or equal to 400 f eet in length overall (LOA) as defined in 50 CFR § 679.2, as adopted June 19, 1996; (B) a vessel greater than or equal to 10,000 gross tons (GT ITC) per the

convention measurement (international system) as defined in 46 CFR 69.51-.61, as adopted S eptember 12, 1989; or (C) a vessel propelled by a marine co mpression-ignition engine with a percylinder displacement of great er than or equal to 30 liters.

(51 3 ) “Operate” means steering or otherwise running the vessel or its functions while the vessel is underway, moor ed, anchored, or at dock.

(52 4 ) “Own” means having all the incidents of ownership, including the legal title, whether or not that pers on 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.

(53 5 ) “Particulate Matter (PM)” means any airborne finel y divided material, except uncombined water, which exists as a liqui d or solid at standard conditions (e.g., dust, smoke, mist fumes, or smog).

(56) “Permanently affixed to a harbor cra ft” means the engine, it s fueling system, or its exhaust system is welded or otherwise physically connected to the vessel or other vessel system in such a way that the engine cannot be easily removed for use in a land-based applicat ion without modifications.

(54 7 ) “Person” includes al l of the following:

(A) any person, firm, association, or ganization, partnership, business trust, corporation, limited liabili ty company, or company; (B) any state or local governmental agency or public district, or any officer or employee thereof; and (C) the United States or its agencies, to the extent permitte d by federal law.

(55 8 ) “Pilot Vessel” means a vessel designed fo r, but not limited to , the transfer and transport of maritime pilots to and from ocean-going vessels while such vessels are underway.

(56 9 ) “Port” means any facility used for water- borne commerce. “Port” includes, but is not limited to, facilities also known as “marine terminals” and “roadsteads.”

(5 7 60 ) “Portable CI Engine” means a comp ression-ignition (CI) engine designed and capable of being carried or moved from one location to another. Indicators ofA - 13 portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. Portabl e engines are not self-propelled.

(5 8 61 ) “Portable Engine Equipment Registration Program (PER P)” means the statewide program designed to promote the use of clean portable engines in California, as provided for in title 13, CCR, sections 2450 through 2465. Once registered in the program, engines and equipment units can operate throughout the State without being required to obtain individual permits from each air pollution control or air quality management district in which they operate.

(59 62 ) “Pre-Tier 1 Engine” means an engine that was built before the effective date of U.S. EPA’s Tier 1 marine engine emission standards (Tier 1 marine standards),

as set forth in 40 CFR 94

. or U.S. EPA’s Tier 1 emission standards for nonroad compression ignition engines, as set forth in 40 CFR Part 89

.

(60 3 ) “Propulsion Engine” means an engine that provides power to move a vessel through the water or directs the movement of a vessel.

(61 4 ) “Purchase Date” means the date shown on the front of the cashed check; the

date of the financial trans action; or the date on t he engine or harbor craft purchase, rental, or lease agr eement, whichever is earliest.

(62 5 ) “Push Boat” means any self-propelled ve ssel engaged in or intending to engage in the service of pulling, pushing, or hauling along side barges or other vessels, or any combination of pulling, pushi ng, or hauling along si de barges or other vessels. “Push boats” is interchangeable with “towboats.”

(63 6 ) “Recreational Vessel” means a ve ssel that is intended by the vessel manufacturer to be operated primarily for pl easure or leased, rented, or chartered to another for the latter’s pleasure, exclud ing the following vessels: (1) vessels of less than 100 gross tons that carry mo re than 6 passengers, (2) vessels of 100 gross tons or more that carry one or more passengers, and (3) vessels used solely for competition.

(64 7 ) “Registered Historic Vessel” means a ve ssel listed in the National Register of Historic Places pursuant to the Nati onal Historic Preservation Act of 1966 (16 U.S.C. 470).

(65 8 ) “Regulated California Waters” means all of the following:

(A) all California internal waters; (B) all California estuarine waters; (C) all California ports, roadsteads, and termi nal 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;A - 14 (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; (F) all waters within 24 nautic al miles of the California baseline, starting at the California-Oregon border to 34.43 degrees North, 121.12 degrees West; inclusive; and (G) all waters within the area, not in cluding 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.

(69) “Regulated In-Use Vessel” means a vessel that operates as one of the vessel categories subject to in-use engine standards in subsection (e)(6).

(66 70 ) “Rent” means payment for the use of harbor craft or diesel engine for a specified

term.

(67 71 ) “Retirement” means the act of taking an engi ne or harbor craft out of service (i.e., to “retire”) so that it subsequently never again operates in any of the Regulated

California Waters. “Retirement” does not include an engine or har bor craft that is

sold for use outside California then subsequently operat ed in any of the Regulated California Waters.

(6 8 72 ) “SCAQMD” means the South Coast Air Quality Management District, as defined in Health and Safety Code section 40410 et seq. and described in section 60104, title 17, California Code of Regulations, and shall include all waters subject to the jurisdiction of the SCAQMD.

(6 9 73 ) “Supply Vessel” means a self-propelled ve ssel used for carrying supplies to and

from off-shore and in-harbor locations in cluding, but not limited to, off-shore work platforms, construction si tes, and other vessels.

(74 ) “Swing Engine” means an engine maintai ned at a dockside location for use in a

vessel or fleet of vessels which can be in stalled as a replacement for an engine

that has been removed from a vessel for re pair or routine maintenance. The removed engine may then become the swing engine once repair or maintenance has been completed.

(70 5 ) “Take Out of Service” means the act of dry-docking, moori ng, anchoring, or otherwise tying up a harbor craft at dock to conduct maintenance, repairs, replacements, or upgrades such that t he vessel cannot be operated in Regulated

California Waters while such acts are conducted on the vessel.A - 15 (71 6 ) “Tank Barge” means a non-self-propelled vessel constructed or adapted primarily to carry, or that carries, oil or hazardous material in bulk as cargo or cargo

residue.

(72 7 ) “Tank Vessel” or “Tanker” means a se lf-propelled vessel c onstructed or adapted primarily to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.

(73 8 ) “Temporary emergency rescue/recovery ve ssel” means a self-propelled vessel that performs duties including, but not limited to, policing harbor areas, fire fighting, rescue operations, oil spill prevention, and on-water oil removal whose homeport is not within Californi a and is brought into California for the immediate use of emergency rescue or recovery and returns to its homeport outside of California at the conclusion of its emergency rescue/recovery mission.

(74 79 ) “Temporary replacement vessel” means a self-propelled vessel that is brought into service to temporarily replace a Ca lifornia vessel that has been temporarily taken out of service. For purposes of this section, “temporary replacement vessel” includes only the following:

(A) vessels that are used in the SCAQMD but have a homeport in California outside of the SCAQMD; and (B) vessels that are used anywhere in California, including the SCAQMD, but have a homeport outside of California.

(75 80 ) “Tier 1 Marine Engine Emission Standards (Tier 1 marine standards)” means the U.S. EPA marine engine Tier 1 emission st andards, as promulgated by U.S. EPA

and set forth in “Control of Emissions of Air Pollution from New Marine Compression-Ignition Engines at or Abov e 37 kW” (64 Federal Register (FR) 73299-73373, December 29, 1999)(40 CFR Part 94), both of which are incorporated herein by reference. T he standards from 40 CFR Part 94 are

summarized in Table 1. In the event of a conflict between a Tier 1 marine

standard in this section and its corres ponding standard in 40 CFR Part 94, the

standard in 40 CFR Part 94 controls.A - 16 Table 1: U.S. EPA Tier 1 Marine Engine Emission Standards

Category Power (kilowatt (kW)) & Displacement (liters/cylinder (l/cyl)) Engine Speed (Revolutions per

minute (rpm)) Tier 1

Model

Year PM(g/bhphr) NO

x +HC (g/bhp-hr)* CO(g/bhphr)

rpm ≥ 2000 2004 - 7.3 -

130 ≤ rpm <2000 2004 - 33.57 x rpm -0.2

- 1, 2, 3, including

Recreational ≥ 37 kW & ≥ 2.5 l/cyl rpm <130 2004 - 12.7 - (40 CFR Part 94) *converted emission standards from 40 CFR 94, which are expressed in grams per kilowatt–hour (g/kW-hr) to g/hp-hr by the following : g/kW-hr * (0.746) = g/hp-hr.

(76 81 ) “Tier 2 Marine Engine Emission Standards (Tier 2 marine standards)” means the U.S. EPA marine engine Tier 2 emission st andards, as promulgated by U.S. EPA

and set forth in “Control of Emissions of Air Pollution from New Marine Compression-Ignition Engines at or Above 37 kW” (64 FR 73299-73373, December 29, 1999)(40 CFR Part 94), both of which are incorporated herein by

reference. In the event of a conflict between a Tier 2 marine standard in this section and its corresponding standard in 40 CFR Part 94, t he standard in 40

CFR Part 94 controls.

Table 2: U.S. EPA Tier 2 Mari ne Engine Emission Standards for

NO x + HC, PM, and CO

Category Displacement (Disp.) (liters/cylinder) Date NO

x +HC (g/bhp-hr)* PM (g/bhp-hr)* CO (g/bhp-hr)* Disp.< 0.9 and power ≥ 50 hp* 2005 5.6 0.30 3.7

0.9 ≤ Disp. < 1.2 2004 5.4 0.22 3.7

1.2 ≤ Disp. < 2.5 2004 5.4 0.15 3.7 1

2.5 ≤ Disp. < 5.0 2007 5.4 0.15 3.7

5.0 ≤ Disp. < 15 2007 5.8 0.20 3.7

15 ≤ Disp. < 20 (power < 4424 hp*) 2007 6.5 0.37 3.7

15 ≤ Disp. < 20 (power ≥ 4424 hp*) 2007 7.3 0.37 3.7

20 ≤ Disp. < 25 2007 7.3 0.37 3.7 2

25 ≤ Disp. < 30 2007 8.2 0.37 3.7 (40 CFR Part 94) *converted emission standards and maximum power rating from 40 CFR 94, which are expressed in g/kW-hr and kW to g/hp-hr and hp, respectively, by the following: g/kW-hr (0.746) = g/hp-hr or kW (1.34) = hp

(77 82 ) “Tier 3 Marine Engine Emission Standards (Tier 3 marine standards)” means the U.S. EPA marine engine Tier 3 emission st andards, as promulgated by U.S. EPA

and set forth in “Final Rule: Control of Em issions of Air Pollut ion from Locomotive and Marine Compression-Ignition Engines Less Than 30 Liters Per Cylinder” (73 FR 25245 et seq., May 6, 2008) (40 CFR Part 1042), both of which are incorporated herein by reference. The standards from 40 CFR Part 1042 are summarized in Table 3, Table 4, and Table 5. In the event of a conflict betweenA - 17 a Tier 3 marine standard in this se ction and its corresponding standard in 40 CFR Part 1042, the standard in 40 CFR Part 1042 controls. [Note: No Tier 3

marine standards apply for commercial Cat egory 1 engines at or above 3700 kW. See “Tier 4 Marine Engine Emission Standar ds” for the standards that apply to these engines.]

Table 3: U.S. EPA Tier 3 Marine Standards for Marine Diesel Category 1 Commercial Standard Power Density Engines below 3700 kW

Rated kW L/Cylinder PM g/bhp-hr e NOx + HC d
g/bhp- hr e Model Year

0.22 5.6 2009 19 to < 75 kW <0.9 a 0.22 b 3.5 b 2014

<0.9 0.10 4.0 2012

0.9 - <1.2 0.09 4.0 2013

1.2 - <2.5 0.08 c 4.2 2014

2.5 - <3.5 0.08 c 4.2 2013 75 to <3700 kW

3.5 - <7.0 0.08 c 4.3 2012

(a) <75 kW engines at or above 0.9 L/cylinder are subject to the corresponding

75-3700 kW standards. (b) Option: 0.15 g/bhp-hr PM / 4.3 g/bhp-hr NOx+HC in 2014. (c) This standard level drops to 0.07 g/bhp-hr in 2018 for <600 kW engines. (d) Tier 3 NOx+HC standards do not apply to 2000-3700 kW engines. (e) Converted emission standards from 40 CFR pa rt 1042, which are expressed in g/kW-hr to g/hp-hr by the following: g/ kW-hr (0.746) = g/hp-hr.

Table 4: U.S. EPA Tier 3 Marine Standards for Marine Diesel Category 1 Recreational and Commercial High Power Density Engines below 3700 kW

Rated kW L/Cylinder PM g/bhp- hr c NOx + HC g/bhp- hr c Model Year

0.22 5.6 2009 19 to <75 kW <0.9 a 0.22 b 3.5 b 2014

<0.9 0.11 4.3 2012

0.9 - <1.2 0.10 4.3 2013

1.2 - <2.5 0.09 4.3 2014

2.5 - <3.5 0.09 4.3 2013 75 to <3700 kW

3.5 - <7.0 0.08 4.3 2012

(a) <75 kW engines at or above 0.9 L/cylinder are subject to the corresponding

75-3700 kW standards. (b) Option: 0.15 g/bhp-hr PM / 4.3 g/bhp-hr NOx+HC in 2014. (c) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/ kW-hr (0.746) = g/bhp-hr.A - 18 Table 5: U.S. EPA Tier 3 Marine Standards for Marine Diesel Category 2 Engines below 3700 kW a,b

L/Cylinder Rated kW PM g/bhp- hr c NOx+HC g/bhp- hr c Model

Year

<2000 0.10 4.6 2013 7 - <15 ≥ 2000 0.10 5.8 2013

15 - <20 a <2000 0.25 5.2 2014

20 - <25 a <2000 0.20 7.3 2014

25 - <30 a <2000 0.20 8.2 2014
(a) No Tier 3 marine standards apply for Category 2 engines with per-cylinder displacement above 15.0 liters if maximum engine power is at or above 2000 kW. See “Tier 4 Marine Engine Emission Standards” for the standar ds that apply for these engines. (b) For Category 2 engines at or above 1400 kW, optional Tier 3 and Tier 4 standards are available with some manufacturer restrictions, PM / NOx+HC at 0.10 / 5.8 g/bhp-hr in 2012,

with Tier 4 standards in 2015. (c) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/kW -hr * (0.746) = g/bhp-hr.

(78 83 ) “Tier 4 Marine Engine Emission Standards (Tier 4 marine standards)” means the U.S. EPA marine engine Tier 4 emission st andards, as promulgated by U.S. EPA

and set forth in “Final Rule: Control of Em issions of Air Pollut ion from Locomotive and Marine Compression-Ignition Engines Less Than 30 Liters Per Cylinder” (73 FR 25245 et seq., May 6, 2008) ( 40 CFR Part 1042), both of which are incorporated herein by reference. Table 6 summarizes the Tier 4

marine standards from 40 CFR Part 1042. In the event of a conflict between a

Tier 4 marine standard in this section and its corresponding standard in 40 CFR Part 1042, the marine standard in 40 CFR Part 1042 controls.A - 19 Table 6: U.S. EPA Tier 4 Marine Standards for Marine Diesel Category 1 and Category 2 Engines above 600 kW

(a) Converted emission standards from 40 CFR pa rt 1042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/KW-hr (0.746) = g/bhp-hr (b) Optional compliance start dates may be used within these model years; see 40 CFR part

1042. (c) For Category 2 engines at or above 1400 kW, optional Tier 3 and Tier 4 marine standards are available with some manufacturer restrictions, PM / NOx+HC at 0.10 / 5.8 g/bhp-hr in 2012,

with Tier 4 marine standards in 2015.(d) The Tier 3 PM standards continue to apply for Category 1 and Category 2 engines with percylinder displacements below 15.0 liters in model years 2014 and 2015 only. For Category 2 engines with per-cylinder displacement at or abov e 15.0 liters, the PM standard is 0.25 g/bhphr for engines at or above 2000 kW and below 3300 kW, and 0.20 g/bhp-hr for engines at or above 3300 kW and below 3700 kW, in model years 2014 and 2015 only.

(84 ) “Tier 1 Off-Road or Nonroad Emission Standards (Tier 1 off-road standards)” means an engine subject to the Tier 1 new engine emission standards in title 13, CCR, Section 2423(b)(1)(A) and/or Title 40, CFR, Part 89.112( a), both of which are incorporated herein by reference. Th is also includes engines certified under the averaging, banking, and tr ading program with respect to the Tier 1 Family Emission Limits (FEL) listed in Title 13, CCR, 2423(b)(2)(A) and/ or Title 40, CFR, Part 89.112(d), as they exis ted on April 27, 2010, both of which are incorporated herein by reference.

(8 4 5 ) “ Tier 2 Off-Road or Nonroad Emission St andards (Tier 2 off-road standards)” means an engine subject to the Tier 2 new engine emission standards in title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a) as they existed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 2 FEL listed in Title 13, CCR, 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as t hey existed on April 27, 2010, both of which are incorporated herein by reference. Rated kW L/Cylinder PM g/bhp- hr a NOx g/bhp- hr a HC g/bhp- hr a Model Year

<15.0 0.09 1.3 0.14 2014 b

15.0 to

<30.0 0.19 1.3 0.14 2014 b At or above 3700 kW

all 0.04 1.3 0.14 2016 b

2000 to <3700 kW all 0.03 d 1.3 0.14 2016 4 b,c,d

1400 to <2000 kW all 0.03 1.3 0.14 2016 b,c

600 to <1400 kW all 0.03 1.3 0.14 2017A - 20 (8 5 6 ) “Tier 3 Off-Road or Nonroad Emission Standards (Tier 3 off-road standards)” means an engine subject to the Tier 3 new engine emission standards in title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a), as they existed on April 27, 2010, both of which are incorporated herei n by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 3 FEL listed in Title 13, CCR, 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as they existed on April 27, 2010, both of which are incorporated herein by reference.

(8 6 7 ) “ Final Tier 4 Off-Road or N onroad Emission Standards (f inal Tier 4 off

- road standards) ” means an engine subject to the fi nal after-treatment-based Tier 4 emission standards in title 13, CCR, Secti on 2423(b)(1)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference. This also incl udes engines certified under the averaging, banking, and trading program wit h respect to the Tier 4 FEL listed in Title 13, CCR, 2423(b)(2)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incor porated herein by reference.

(8 7 8 ) “ Interim Tier 4 Off-Road or Nonroad Emission Standards (interim Tier 4 off

- road standards) ” means an engine subject to the in terim Tier 4 emission standards (also known as transitional) in title 13, CCR, Section 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101, as they exist ed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to t he Tier 4 FEL listed in Title 13, CCR, 2423(b)(2)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporat ed herein by reference.

(79 8 8 9 ) “Total Hydrocarbons (THC)” or “Hydro carbons (HC)” means the total mass of open chain and cyclic hydrocarbon molecules.

( 80 9 90 ) “Towboat” means any self-propelled ve ssel engaged in or intending to engage in the service of pulling, pushing, or hauling along side barges or other vessels, or any combination of pulling, pushing, or hauling along si de barges or other

vessels.

(8 1 9 0 1 ) “Tugboat” means any self-propelled ve ssel engaged in, or intending to engage in, the service of pulling, pushing, maneuv ering, berthing, or hauling along side other vessels, or any combination of pulling, pushing, maneuvering, berthing or hauling along side such vessels in harbors, over the open seas, or through rivers and canals. Tugboats generally can be divi ded into three groups: harbor or short-haul tugboats, ocean-going or l ong-haul tugboats, and barge tugboats. “Tugboat” is interchangeable with “towboat” and “push boat” when the vessel is used in conjunction with barges.A - 21 (8 2 9 1 2 )“Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissi ons from Diesel Engi nes (Verification Procedure)” means the ARB regulatory procedure codified in title 13, CCR, commencing with section 2700

, which is incorporated her ein by reference, that engine manufacturers, sellers, owners, or operators may use to verify the

reductions of diesel PM or NO
x from in-use diesel engines through the use of a particular diesel emission control strategy.

(83 9 2 3 )“Verified Diesel Emission Control Strat egy (VDECS)” means an emission control strategy, designed primarily for the reduction of dies el PM emissions, which has been verified pursuant to the “Verificati on Procedure for In-Use Strategies to Control Emissions from Diesel Engi nes” in title 13, CCR, commencing with

section 2700. VDECS can be verified to achieve Level 1 diesel PM reductions (25-49 percent), Level 2 di esel PM reductions (50-84 per cent), or Level 3 diesel PM reductions (85 percent or greater). VDECS may also be verified to achieve

NOx reductions.

(84 9 3 4 )“Vessel” or “Marine Vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or wa tercraft, except those used primarily for

recreation.

(85 9 4 5 )”Work Boat” means a self-p ropelled vessel that is used to perform duties such as fire/rescue, law enforcement, hydrogr aphic surveys, spill/response, research, training, and c onstruction (including drilling).

e) Fuel Use and Engine Emission Requirements.

[Note: The plain English narrative in this overview is intended as a convenient guide for the reader and in no way adds, delet es, modifies, or otherwise affects the legal requirements and substantive prov isions specified in subsection (e) or any other part of this section. Subsec tion (e) sets forth the various fuel and emission requirements for harbor craft su bject to this regulation, and can be

broken down as follows:

• Subsection (e)(1) specifies low sulfur fuel use requirements that apply to all harbor craft, new and in-use.

• Subsection (e)(2) specifies the require ment for installing hour-meters on all harbor craft, new and in-use.

• Subsection (e)(3) estab lishes requirements that apply to transactions involving new engines to be installed on in-use vessels, including a limited 6-month “sell-through” provisi on for non-complying engines, and engine replacement in cases where a comp liant engine meeting the required physical or performance charac teristics is not available

.

• Subsection (e)(4) se ts forth requirements that apply to newly acquired new harbor craft, including ferries.A - 22 • Subsection (e)(5) se ts forth requirements that apply only to newly acquired new ferries, above and beyond those established in subsection (e)(4). These provisions include requirements for applying Best Available Control Technology (BACT) to new ferries and their engines.

• Subsection (e)(6) is the key provision of this regulation, as it achieves emission reductions by requiring the eventual replacement or cleanup of engines in the fleet of in-use fe rries, excursion vessels, tugboats, towboats, push boats, crew and supply vessels, and multipurpose harbor

craft , barge and dredge vessels . This subsection requires that owners and operators eventually replace or ot herwise bring into compliance with the specified engine standards all of their pre-Tier 1 and Tier 1-certified engines in their in-use vessels by the dates shown in the specified compliance schedules. The compliance dates are designed to clean up the fleet’s oldest and dirtiest engines first, while giving more time for relatively newer, Tier 1 engines to be upgraded or replaced. Vessels (ferries, excursion vessels, tugboats, and towboats) with their homeport in the SCAQMD have an accelerated comp liance schedule to reflect that district’s greater need for expedited em ission reductions. The compliance schedules are grouped by vessel type, lo cation of the vessel’s homeport, the engine’s model year, and the engi ne’s annual hours of operation.

• Subsection (e)(6)(E) provides for a limited set of circumstances under which the E.O. may grant short extens ions to the compliance dates if warranted.]

(1) All Harbor Craft – Low Sulfur Fuel Use Requirement.

Beginning January 1, 2009, a person subject to this section may only fuel a diesel engine on a harbor craf t with one of the following:

(A) CARB diesel fuel; or (B) an alternative diesel fuel as defined in subsection (d)(2); or (C) any alternative diesel fuel that does not meet subsection (e)(1)(B) above but is certified by CARB as meeting the requirements of the Verification Procedure; or (D) CARB diesel fuel used with fuel addi tives that meet the requirements of the Verification Procedure; or (E) any combination of subs ection (e)(1)(A) through (D) above. ; or

(F) if a harbor craft s ubject to this section is tr aveling from a port located outside of California, and that port does not have any fuels listed in subsections (e)(1)(A) through (E), that ve ssel’s diesel engines can be fueled with either: U.S. EPA on-road diesel fuel meeting the s pecifications contained in 40 CFR §§ 80.500 et seq. or U.S. EPA nonroad diesel fuel (commencing June 1, 2010) meeting the specificati ons contained in 40 CFR 80.29 and 66 FR 5002 (January 18, 2001). The vessel owner or operator must retain records documenting the fuel purchase, the location and the nam e of the non-California port, and its lackA - 23 of availability of fuels listed in subs ections (e)(1)(A) through (E) on-board the vessel for a minimum of one year after t he purchase of the fuel, and must make such records available upon the request of the Executive Officer.

(2) All Harbor Craft – Installation and Use of Non-Resettable Hour Meters.

Beginning January 1, 2009, a person subject to this section may not operate a

harbor craft without an inst alled and properly operati ng, non-resettable hour meter, which accurately measures the number of hours an engine operates. The

hour meter must be installed on each di esel engine on the vessel in a manner that allows reasonable personnel access to the hour meter without impediment.

(3) All In-Use Harbor Craft – Requi rements for Newly Acquired Engines.

Beginning January 1, 2009, a person subj ect to this section may not sell, purchase, offer for sale, leas e, rent, import, or otherwis e acquire a new or in-use diesel engine for an in-use harbor craft, wh ich is intended to operate or actually operates in any of the Regu lated California Waters, unless that engine on the date of acquisition:

(A) is certified to meet t he Tier 2 or Tier 3 marine standards in effect on that date for a new engine of the same power rating and displacement. The newly acquired engine is not requir ed to meet the Tier 4 marine standards unless it is replacing an engine on the in-use vessel that was certified as meeting Tier 4 marine standards. Engines certif ied to meet the Tier 2, Tier 3, or interim Tier 4 off-road standards in effect on the date of acquisition for a new engine of the same power rating and displacement may only be acquired for use as an auxiliary or propulsion engine on harbor craft if the engine or vessel manufacturer has complied with 40 CFR § 1042.605 (Marinized land-based engines already certified to other standards for nonroad or heavy-duty highway engines for marine use ), as it existed on April 27, 2010 ; or

(B) is newly acquired within the allowabl e 6 month “sell-through” period, as set forth in this paragraph. For purposes of this paragraph only, the allowable sell-through period runs thr ough 6 months after the date th e Tier 2, Tier 3, or

Tier 4 marine standards or Tier 3, interim Tier 4, or final Tier 4 off-road

standards have come into effect for a new engine of the same power rating and displacement as the engine being replaced on the in-use vessel. Engines that are subsequently sold, suppl ied, offered for sale, or otherwise newly acquired after the 6 month sell- through period are subject to the requirements specified in paragraph (A) of this subsecti on, even if the engine was previously newly acqui red within the 6 month sell-through period. ; orA - 24 (C) is replacing an engine that is non- functioning due to equipment failure, and the E.O. has determined, pursuant to the provisions of 40 CFR § 1042.615 engine replacement exempt ion, as it existed on April 27, 2010, that no engine certified to the current sta ndards is produced by any manufacturer with the appropriate physical or perform ance characteristics to repower the vessel. In such event, an alternate engine may be acquired for the replacement. Pursuant to 40 CFR § 1042.615, a separate determination, addressing each tier of emission standar ds that is more stringent than the emission standards for the engine bei ng replaced must be made. For example, if the engine being replaced was built before the Tier 2 standards applied, and engines of that size are currently subject to Tier 3 standards, a person must consider whether any Ti er 2 or Tier 3 engines have the appropriate physical and performance char acteristics for replacing the old engine. If a Tier 2 engine is determined to have the appropriate physical and performance characteristics, it may be selected as the replacement engine.

Documentation of these determinations must be supplied to the E.O. and

the E.O.’s determination must be obt ained before an engine replacement is made pursuant to this provision.

(4) All New Harbor Craft (Including All New Ferries) – Requirements for Newly Acquired Vessels.

Beginning January 1, 2009, a person subject to this section may not sell, purchase, offer for sale, lease, ren t, import, or otherwise acquire a new harbor craft for use in any of the Regulated California Waters unless each of the diesel propulsion and auxiliary engine s on the vessel meets t he applicable Tier 2, Tier 3, or Tier 4 marine standards in

effect on the date of vessel acquisition. Auxiliary or propulsion engines meeting the applicable Tier 2, Tier 3, interi m Tier 4, or Final Tier 4 off -road standards in effect on the date of vessel acquisition may be sold, purc hased, offered for sale, leased, rented, imported, or otherwise acquired for use if the engine or vessel manufacturer has complied with 40 CFR 1042.605 ( Marinized land-based engines already certified to other standards for nonroad or heavy-dut y highway engines for marine use ), as it existed on April 27, 2010. Diesel propulsion engines in new ferries with a capacity to transport more than 75 passengers in Regulated California Waters must also meet the requirements specified in subsection (e)(5) below . The person must also meet the additional requirements set forth in subsection (e)( 5 ) below for diesel propulsion engines in newly acquired new ferries.A - 25 (5) Selected New Ferries Only – Additiona l Requirements for All Newly Acquired Propulsion Engines.

(A) Beginning January 1, 2009, any person subject to this section may not sell, purchase, offer for sale, import, or otherwise acquire a new ferry with the capacity to transport 75 or more passengers for use in any of the Regulated

Califor nia Waters unless each propulsion diesel engine on the vessel: who owns or operates a new ferry with t he capacity to transport 75 or more passengers and that is used in any of the Regulated California Waters must

demonstrate that each diesel propulsion engine that is certified to either the

Tier 2 or Tier 3 marine standards will be operated in conjunction with the

use of Best Available Control Tec hnology (BACT) as determined and preapproved by the E.O. purs uant to this provision.

1. meets either the Tier 2 or Tier 3 standards that are in effect on the date of vessel acquisition; and

2. will be operated only in conj unction with the use of Best Available Control Technology ( BACT), as determined and pre

- approved by the E.O. pursuant to this provision.

(B) In l ieu of installing or using BACT pursuant to paragraph (A)2 above, the person may comply with paragraph (A)2 by installing on the new ferry a propulsion engine(s) that is certified to the Tier 4 standards if a Tier 4

- certified engine is available at the tim e that the new ferry is delivered. If no

Tier 4

- certified engines are available at the time of ferry delivery, the person must meet the provisions of paragraphs (A)1 and (A)2.

(C) (B)For purposes of this section, “BACT” is the diesel emission control strategy (DECS), whether verified or unverifi ed pursuant to 13 CCR section 2700 et seq., that is determined by the E.O. as meeting all of the following criteria:

1. it provides or is expected to c ontinuously provide the greatest reduction

feasible of NOx or diesel PM when used with the ferry’s propulsion diesel engine;

2. the use of BACT does not result in an increase of 10 percent or more of any air pollutant, including NOx and dies el PM, relative to the engine’s emissions of that air pollutant without the use of BACT; and

3. either the DECS manufacturer or an authorized dealer of the DECS determines or otherwise agrees with the E.O. that use of the DECS on or with the new ferry’s propulsion engi ne(s) would not invalidate or otherwise adversely affect the pro pulsion engine’s or iginal warranty.A - 26 For purposes of this section, DECS may include, but is not be limited to,

exhaust treatment controls and the use of alternative fuels or fuel additives.

(D) (C) The E.O. shall determine the appropriate level of BACT and specify such BACT in an Executive Order granting such approval. Applications to comply with the requirements of paragraph (A)2 by using BACT must follow the application and review pr ocedure set forth below:

1. Application Process.

For all new ferries for which the keel is laid on or after January 1, 2009, the application for BACT approval must be submitted in writing to the

E.O. for evaluation before the keel is laid. The BACT application must contain, at a minimum, the following information:

a. the applicant company’s name, address, and contact information;

b. information specific to the harbor craft and engine(s) on which BACT will be used, including the vessel name and identification number(s); engine make, model, and serial num bers; and all other information that uniquely identify the engine;

c. certification document ation, engineering calculations, emissions test data, or other information that establishes the diesel PM and NO
x emissions of the engine in comb ination with the proposed BACT.

Emissions and emission reduction es timates must include both diesel

PM and NO
x emissions and be expressed in grams per brake horsepower-hour (g/bhp-hr) unless ot herwise specified by the E.O. Information submitted pursuant to this provision will be used as

follows:

i. The E.O. shall use the information to compare the emissions resulting from the proposed us e of BACT with the emissions quantified in BACT determinations previously approved by the E.O.; ii. If there are no previous BAC T determinations available for comparison, the E.O. shall use ARB staff’s best engineering judgment to determine if the proposed BACT provides the greatest feasible reduction of diesel PM or NOx; and iii. The E.O. may require the applican t to submit additional emissions data for other air pollutants if the E.O. believes that the proposed use of BACT may increase any ai r pollutant by 10 percent or more relative to the engine emissions without the proposed BACT; andA - 27 d. the proposed recordkeeping, repor ting, monitoring, and testing procedures that the applicant plans to use to demonstrate continued

effectiveness of the BACT.

2. E.O. Review and Final Decision-Making Process.

a. Within 15 days after receiving a BACT application, the E.O. shall notify the applicant wh ether the application is deemed sufficiently complete to proceed with further ev aluation. If the application is deemed incomplete, the notification must identify the application’s

deficiencies. The E.O. shall have an additional 15-day period for reviewing each set of documents or information submitted in response to an incomplete determination. Nothing in this subsection prohibits the E.O. from requesting additional information from the applicant, during any part of the BA CT application process, which the E.O. determines is necessary to evaluate t he application.

b. Within 30 days of deeming an app lication complete, the E.O. shall take final action to either appr ove or deny a BACT application, and the E.O. shall notify the applicant a ccordingly. If the application is denied or modified, the E.O. shall st ate the reasons for the denial or

modification in the notification. The E.O. shall specify all terms, conditions, and requirements the E .O. believes are necessary for the ferry engine and BACT to operate properly and reduce emissions of air pollutants consistent with th is section. The reporting and recordkeeping requirements specif ic to the use of BACT must include, at a minimum:

i. hours of operation for the engine and BACT and fuel usage; ii. usage of any alternative fuels, additives, agents, flow rates, and emission test results; iii. maintenance procedures for the engine(s) and its BACT; and iv. any other measurements or recordings specified by the E.O.

The E.O. shall make the approval /disapproval notification to the applicant and identification of the approved/disapproved BACT available to the public on ARB’s internet site.

3. Post-Approval Vessel, Engine, and BACT Operation.

A person subject to this provision who owns or operates a new ferry with the capacity to transport 75 or more passengers and that is used in Regulated California Waters must maintain operating records and other information in the manner and form specified by the E.O. in the BACT approval. The person and must submit to ARB upon request all records and reports created pursuant to this pr ovision, which must be maintainedA - 28 and retained for ARB inspection a mi nimum of three years after the records or reports were created.

(6) In-Use Engines and Vessels – Schedules for Meeting Tier 2 or Tier 3 Standards.

(A) For Pre-Tier 1 and Tier-1 Certified E ngines on Ferries, Excursion Vessels, Tugboats, Towboats, Push Boats, and Multipurpose Harbor Craft Crew and Supply Vessels, Barge and Dredge Vessels Only.

1. Applicability

.

This subsection (e)(6) applies to any person who owns, operates, sells, purchases, offers for sale, leases, r ents, imports, or otherwise acquires an in-use ferry, excursion vesse l, tugboat, towboat, push boat, or multipurpose harbor craft crew and supply vessel, or barge and dredge vessel (in-use regulated category vessel) with a pre-Tier 1 or Tier-1

certified marine or off-road engine for use operating in any one of the above regulated in-use vessel categories for: a. a total of 300 hours per calendar y ear or more if operating in either ferry, excursion vessel, tugboat, towboat, pushboat, or crew and supply vessel categories, or b. a total of 80 hours per calendar year if operat ing in either barge or dredge vessel categories in any of the Regulated California Waters. Th is subsection applies to all such engines on all such vessels.

2. General Requirement.

a. After January 1, 2009, a person subject to this provision who owns, operates, sells, purchases, offers for sale, leases, rents, imports, or otherwise acquires an in-use ferry, ex cursion vessel, tugboat, towboat, or push boat with a pre-Tier 1 or Tier-1 certified marine or off-road engine and that operates in any of the above regulated in-use vessel categories may not own, operate, sell, pur chase, offer for sale, lease, rent, import, or otherwise acquire an in-use engine, or a vessel with an in-use engine, unless that engine co mplies with at least one of the compliance methods set forth in s ubsection (e)(6)(C) by the applicable compliance date. The compliance methods set forth in subsection (e)(6)(C) involve either replacement of the in-use engine with a cleaner engine or demonstrating that the in -use engine already meets specified standards, as set forth below.

b. After July 1, 2011, a person who owns, operates, sells, purchases, offers for sale, leases, rents, impor ts, or otherwise acquires an in-use crew and supply vessel, or barge and dredge vessel with a pre-Tier 1 or

Tier-1 certified marine or off-road engine and that operates in any of theA - 29 above regulated in-use vessel categor ies may not own, operate, sell, purchase, offer for sale, lease, ren t, import, or otherwise acquire an inuse engine, or a vessel with an in-use engine, unless that engine complies with at least one of the compliance methods set forth in subsection (e)(6)(C) by the applicabl e compliance date. The compliance methods set forth in subsection (e)(6 )(C) involve either replacement of the in-use engine with a cleaner engine or demonstrating that the in-use engine already meets specified standar ds, as set forth below.

For purposes of this subsection, “app licable compliance date” is either the compliance date, as set forth in subsection (e)(6)(D) for the in-use engine, or the compliance date from subsection (e)(6)(D) for the in-use engine, as extended pursuant to subs ection (e)(6)(E), whichever applies

and occurs later.

(B) [Reserved for Future Use]

(C) Compliance Methods.

1. Method C1 – Replacement of the in-u se engine with a U.S. EPA certified

marine or off-road Tier 2 engine or one with a hi gher certification level (e.g., Tier 3-certified).

A person may comply under this met hod by replacing the in-use engine with an engine certified to Tier 2- or Tier 3-certified marine or off-road engine emission standards as set forth in this paragraph. The replacement engine must meet the U. S. EPA Tier 2 or Tier 3 marine or off-road engine emission standards that would apply to a new engine, of the same size and configuration as t he in-use engine, at the time of the applicable compliance date set forth in subsection (e)(6)(D). The replacement engine must meet the pr ovisions of sections 93118.5(e)(3).

If the in

- use engine is an auxiliary engine, the replacement engine must meet the provisions of sections 93118.5(e)(3) and (e)(4).

[Note: For example, if the applicable compliance date is January 1, 2010, and the Tier 2 marine or off-road emission standards

would be in effect at th at time for a new engine of the same size and configuration as the in-use engine, the replacement would need to meet

Tier 2 marine or off-road emission standards. However, if the applicable compliance date is instead January 1, 2013, and the Tier 3 marine or offroad emission standards would be in effect for a new engine of the same size and configuration as the in-u se engine, the replacement engine

would need to meet Tier 3 marine or off-road emission standards.]

Once the in-use engine has been repl aced with an engine that is U.S.

EPA-certified to meet Tier 2 or Tier 3 marine or off-road emissionA - 30 standards, as set forth above, the engi ne is deemed to be in compliance with this subsection (e)(6) and no further replacements of this engine are required under this subsection. Ti er 3-certified marine or off-road engines may be used as the replacement engine to comply with this paragraph, even if Tier 4-certifi ed marine or off-road emission engines become available by the appl icable compliance date;

2. Method C2 – Demonstrate to the E.O.’s written satisfaction that the inuse engine already meets the Tier 2 marine standards or Tier 2 off-road

standards for auxiliary or propulsion engines greater than 50 hp or less than 75 hp, or gr eater than 750 hp that apply or would apply to new engines on the date the Tier 2 marine or off-road standards became

effective.

a. A person may comply under this method by demonstrating to the

E.O.’s written satisfaction that:

i. the in-use engine alre ady meets the Tier 2 marine standards or

Tier 2 off-road standards on for engines greater than 50 hp or less than 75 hp, or greater than 750 hp auxiliary engines

, ii. which apply to new engines of the same power rating and displacement as the in-use engine.

b. This compliance method is avai lable only if the person makes the required demonstration befor e the date Tier 3 marine or off-road

emission standards become effective for new engines of the same size and configuration as the in-u se engine. The person may rebuild the in-use engine to a cleaner standard or implement a diesel emission control strategy to aid in meeting these standards. [Note: For example, if the Tier 3 marine or off-road emission standards

would have become effective on J anuary 1, 2015 for a new engine of the same size and configuration as the in-use engine, the person would need to provide the Tier 2-compliance demonstration to the E.O.’s written satisfaction by January 1, 2015.]

c. For purposes of the demonstrat ion, the person may, upon approval by the E.O., rely on any source of reliable and credible information, including but not limited to, any of the following:

i. the results from using the test method specified in section (j) or an alternative method approved by the E.O.; ii. the in-use engine manufacturer’s certification test data or other emissions test data for that in-use engine;

iii. emissions test data derived from another in-use engine that is configured and used in a substantially similar way to the in-use engine;A - 31 iv. emissions test data used to m eet the regulatory requirements of

ARB’s Verification Procedure for t he non-verified emission control strategy implemented; or

v. emissions test data used to m eet the requirem ents for U.S. EPA certification for systems provid ing remanufacture to a cleaner

standard.

The E.O. may, in his/her so le discretion and based on good engineering judgment, exclude any in formation he/she determines is

not reliable or credible.

3. Method C3 – Demonstrate to the E.O.’s written satisfaction that the inuse engine already meets the Tier 2 or Tier 3 marine standard s or Tier 2

or Tier 3 off-road emission standards for auxiliary or propulsion engines

in effect or would be in effect for new engines at the time of the applicable compliance date.

a. A person may comply under this method by demonstrating to the

E.O.’s written satisfaction that:

i. the in-use engine already meet s the Tier 2 or Tier 3 marine

standards or Tier 2 or Tier 3 off-road emission standards on for auxiliary or propulsion engines

, ii. which apply to new engines of the same power rating and displacement as the in-use engine, iii. at the time of the applicabl e compliance date for the in-use engine.

b. To comply with this method, the person may demonstrate that the inuse engine meets the Tier 3 marine or off-road engine emission standards, even if Tier 4 marine or off-road engine emission standards come into effect by th e applicable compliance date. The person may rebuild the in-use engine to a cleaner standard or implement a diesel emission control strategy to aid in meeting these

standards.

c. For purposes of the demonstr ation, the person may, upon E.O. approval, rely on any source of reliable and credible information, including but not limited to, any of the following:

i. the results from using the test me thod specified in section (j) or an alternative method approved by the E.O.; ii. the in-use engine manufacturer’s certification test data or other emissions test data for that in-use engine;A - 32 iii. emissions test data derived from another in-use engine that is configured and used in a substantially similar way to the in-use engine;

iv. emissions test data used to m eet the regulatory requirements of

ARB’s Verification Procedure for t he non-verified emission control strategy implemented; or

v. emissions test data used to m eet the requirem ents for U.S. EPA certification for systems provid ing remanufacture to a cleaner

standard.

The E.O. may, in his/her so le discretion and based on good engineering judgment, exclude any in formation he/she determines is

not reliable or credible.

4. Method C4 – Demonstrate to the E.O’s written satisfaction that the inuse engine has not and will not operate 300 or more hours per calendar year in any of the regulated in-use vessel categories or 80 or more hours per calendar year in the barge or dredge vessel categories

.

A person may comply under this method by demonstrating to the E.O.’s written satisfaction that the engine is a low-use engine. This compliance method requires the person to provide records to the E.O. of the engine’s total annual hours of operati on while operating in any of the regulated in-use vessel categories for the calendar year immediately preceding the demonstration. Th e person must also provide

documentation sufficient for the E.O. to project future annual hours of operation for the engine. The pers on will be deemed in compliance with this method only if such records and documentation dem onstrate to the

E.O.’s written satisfaction that the in-use engine has not and will not operate 300 or more hours per calendar year operating in any of the regulated in-use vessel categories wit h the exception of the dredge or barge categories, or 80 or more hour s per calendar year in either the dredge or barge categories

.

(D) Compliance Dates.

Table 7, and Table 8, Table 9, and Table 10 below set forth the compliance dates by which a person must meet the requirements of subsection (e)(6)(A). Table 7 ap plies only to vessels engines on ferries, excursion vessels, tugboats, towboats, and push boats with a homeport outside of the SCAQMD; Table 8 applies only to vessels engines on ferries, excursion vessels, tugboats, towboats, and push boats with a homeport within the
SCAQMD. ; Table 9 applies only to engines on crew and supply vessels, and Table 10 applies to engines on barge and dredge vessels. The compliance dates are set forth by engine model y ear and total annual hours of operation (for all uses in any regulated in-use vessel category ) of the vessel inA - 33 Regulated California Waters. Fo r Table 7, Table 9, and Table 10 , Method D1, D2, or D3 below may be used for determining the actual or effective engine model year. For Table 8, only Method D1 or D3 may be used for determining the actual or effective engine model year.

1. Method D1 – the engine’s actual model year of manufacture.

A person may determine an engine’s compliance date under this method by using the engine’s actual model year of manufacture, as documented by the sales contract, invoice, purchas e order, or other legitimate proof of purchase for the engine. The act ual model year of manufacture may also be shown on a label permanently affixed to the engine by the

manufacturer. In the ev ent of a conflict between the proof of purchase and the permanent label, the date of manufacture shown on the permanent label controls.

2. Method D2 – the engine’s effective model year based on the “Engine’s

Model Year + 5” method.

A person may determine an engine’s compliance date under this method by calculating the engine’s effective model year as the actual model year, using Method D1 above, and adding to that number 5 more years. To use this method, the person must use a diesel emissions control strategy (DECS) with the engine, as set forth below:

a. Relative to the emissions without the use of the DECS, the engine

with the DECS must be demonstr ated to the E.O.’s written satisfaction as emitting at least 25 percent less diesel PM or NOx, and neither of those pollutants are increased by more than 10 percent. This requirement is met automatically if the DECS is a verified DECS (VDECS);

b. If the DECS is not a VDECS, the person must demonstrate compliance with this paragraph by submitting to the E.O. emissions

data that demonstrate the non-verified emission control technology

achieves a diesel PM or NOx em ission reduction of 25 percent or better, using the test methods spec ified in subsection (j). Upon approval of the E.O., the person may submit data derived from the

use of other test methods to demonstrate to the E.O.’s written satisfaction the required 25 perc ent minimum emission reductions,

such as:

i. marine engine certification test data for the harbor craft propulsion or auxiliary engine, or engine m anufacturer emissions test data;A - 34 ii. emissions test data derived from another engine that is configured and used in a substantially similar way to the in-use engine on

which the emission control st rategy is to be used; or

iii. emissions test data used to m eet the regulatory requirements of

the ARB Verification Procedure for the non-verified emission control strategy implemented.

The E.O. may, in his/her so le discretion and based on good engineering judgment, exclude any data derived from the test methods under paragraph b above that he/she determines are not

reliable or credible.

A person’s use of a DECS or VDEC S, which meets the requirements of this provision, extends the engine’s compliance date to the compliance date for a similar engine t hat is five model years newer (i.e., the actual model year for the engine with the emissions control strategy + 5).

[Note: For example, the owner of a 1995 model year engine on a tugboat, which has a homeport outsi de of SCAQMD and operates in Regulated California Waters fo r 750 hours in 2013, would normally be required to meet a December 31, 2014 compliance date, as set forth in Table 7. However, if a DECS that meets the requirements of this provision is implemented with this engine prior to the 2014 nominal compliance date, the engine ’s actual compliance date would be extended to the compliance da te for a 2000 model year engine (i.e., the effective model year = the 1995 model year + 5). Accordingly, in that scenario, the engine’s effective model year would extend the compliance date to December 31, 2016];

3. Method D3 – the engine’s effective model year based on the “Engine’s

Tier 1 Rebuild Model Year” method.

A person may determine an engine’s comp liance date by demonstrating, to the E.O.’s written satisfaction, t hat the engine is an existing pre-2004 model year engine that was rebuilt to conform with U.S. EPA Tier 1

marine standards prior to January 1, 2008. If the E.O. is thus satisfied, the effective model year of the Tier 1 rebuilt engine, for purposes of determining the compliance date in Table 7 or

, Table 8, Table 9, or Table 10, is the actual year in which the Tier 1 rebuild occurred.A - 35 Table 7: Compliance Dates for Engin es on Ferries, Excursion Vessels, Tugboats, Towboats, and Push Boats Vessels with Homeports Outside SCAQMD

[Note: For example, if a 1982-model year diesel e ngine on a tugboat operating in Regulated California Waters is used for 750 hours in 2011, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(6)(C) by December 31, 2012.]. Engine Model Year Total Annual Hours of Operation Compliance

Date

1975 and earlier ≥ 1500 12/31/2009

1975 and earlier ≥ 300 and < 1500 12/31/2010

1976 - 1985 ≥ 1500 12/31/2011

1976 - 1985 ≥ 300 and < 1500 12/31/2012

1986 - 1995 ≥ 1500 12/31/2013

1986 - 1995 ≥ 300 and < 1500 12/31/2014
Ferries Only

1996 - 1999 ≥ 300 12/31/2014

Vessels Other Than

Ferries

1996 - 1999 ≥ 1500 12/31/2015

Vessels Other Than

Ferries

1996 - 1999 ≥ 300 and < 1500 12/31/2016

2000 ≥ 1500 12/31/2015

2000 ≥ 300 and < 1500 12/31/2016

2001 - 2002 ≥ 300 12/31/2017

2003 ≥ 300 12/31/2018

2004 ≥ 300 12/31/2019

2005 ≥ 300 12/31/2020

2006 ≥ 300 12/31/2021

2007 ≥ 300 12/31/2022A - 36 Table 8: Compliance Dates for Engin es on Ferries, Excursion Vessels, Tugboats, Towboats, and Push Boats Vessels with Homeports in SCAQMD

[Note: For example, if a 1982-model year diesel e ngine on a tugboat operating in Regulated California Waters is used for 300 or more hours in 2009, the owner or operator must bring the engine into compliance with the requir ements of subsection (e)(6)(C) by December 31, 2010.].

Table 9: Compliance Dates for Engines on Crew and Supply Vessels Statewide Engine Model Year Total Annual Hours of Operation Compliance Date

1979 and earlier > 300 12/31/2009

1980 – 1985 > 300 12/31/2010

1986 – 1990 > 300 12/31/2011

1991 – 1995 > 300 12/31/2012

1996 – 2000 > 300 12/31/2013

2001 > 300 13 12 /31/2014

2002 > 300 12/31/2015

2003 > 300 12/31/2016

2004 > 300 12/31/2017

2005 > 300 12/31/2018

2006 > 300 12/31/2019

2007 > 300 12/31/2020

Engine Model Year Total Annual Hours of Operation Compliance Date

1985 and earlier > 1500 12/31/2011

1985 and earlier > 300 and < 1500 12/31/2012

1986 – 1995 > 1500 12/31/2013

1986 – 1995 > 300 and < 1500 12/31/2014

1996 – 2000 > 1500 12/31/2015

1996 – 2000 > 300 and < 1500 12/31/2016

2001 – 2002 > 300 12/31/2017

2003 > 300 12/31/2018

2004 > 300 12/31/2019

2005 > 300 12/31/2020

2006 > 300 12/31/2021

2007 > 300 12/31/2022A - 37 Table 10: Compliance Dates for pr e-Tier 1 and Ti er 1 Engines on Dredge and Barge Vessels Statewide

Engine Model Year Total Annual

Hours of Operation Compliance

Date

1975 and earlier >80 12/31/2011

1976 -1980 >80 12/31/2012

1981 - 1985 >80 12/31/2013

1986-1990 >80 12/31/2014

1991-1995 >80 12/31/2015

1996-1999 >80 12/31/2016

2000 -2001 >80 12/31/2017

2002 >80 12/31/2018

2003 >80 12/31/2019

2004 >80 12/31/2020

2005 >80 12/31/2021

2006 >80 12/312022

(E) Compliance Extensions.

Pursuant to this subsection (e)(6)(E), a person subject to the requirements of subsection (e)(6)(C) may request in writ ing to the E.O. an extension to a compliance date set forth in subsection (e)(6 )(D) (i.e., extensi on to the “nominal” compliance date). The E.O. may grant the person an extension to the nominal compliance date for any one of the reasons set forth below. A person granted

such an extension is deemed to be in compliance with t he requirements of subsection (e)(6)(C) during the ext ension period, but only upon written

authorization from the E.O. made pursuant to this provision and only until the end of the extension period. During the ext ension, the person mu st meet all other requirements of this section. Immediat ely upon the end of the extension period, the person must meet all the applicable r equirements of this section, including but not limited to, subs ection (e)(6)(C).

Except as provided in paragraph (e)(6 )(E)3 below, the E .O. may not combine compliance extensions granted pursuant to this provision with any other compliance date extensions, including thos e set forth in this provision and in subsection (e)(6)(D)2 and (D)3 . And except as provided in paragraphs (e)(6)(E)2 and (e)(6)(E)3 below, under no circumstances may the E.O. grant more than one compliance extension for any individual engi ne, set of engines, or harbor craft.

1. Change in Annual Ho urs of Operation

.

The E.O. may grant a one-time, maxi mum one year extension to the nominal compliance date set forth in subsection (e)(6)(D), provided theA - 38 person demonstrates to t he E.O.’s written satisfaction that the all of the following have occurred:

a. The person reasonably determi ned the vessel engine’s nominal compliance date based on the engine’s hours of operation two years before the nominal compliance date; and

b. In the year immediately prior to the nominal compliance date, the engine’s annual hours of operation in creased significantly from the prior year such that the engine’s nominal compliance date would have been accelerated from one compliance date to an earlier compliance date.

[Note: For example, suppose an operator has a 1982-model year engine on a tugboat, which has a homeport outside of SCAQMD and operates for 750 hours in Regulated Califo rnia Waters in 2010. If it is reasonable for the operator to assume the annual hours of operation in 2011 will be similar to 2010, the operator would proj ect from Table 7 that the engine’s compliance date is Dece mber 31, 2012, and would plan his operations accordingly. However, if the vessel engine’s operation increased substantially to 1600 hours in 2011, the engine normally would then have its compliance date accelerated to December 31, 2011, according to Table 7. The one-year extension would, therefore, extend the engine’s actual compliance date back to what it would have been without the change in hours of operation (i.e., back to December 31, 2012).].

2. No Suitable Engine Replacement for Harbor Craft

.

The E.O. may grant to a person a one year extension, which can be renewed annually, only if the person dem onstrates to the E.O.’s written

satisfaction that there is no suitable Tier 2-certified or Tier 3- marine or off-road certified replacement engine avai lable anywhere that can be used in the person’s specific vess el, and the person cannot otherwise meet the requirements of subsection (e)(6)(C).

The E.O., in his/her sole discretion, may use any information available to the E.O. to rebut the person’s dem onstration. For purposes of this paragraph, the E.O. may deem an engine as suitable to replace an existing engine if the replacement engi ne is similar in horsepower to the existing engine, the replacement engine can fit within the vessel’s engine compartment, and installation of the replacement engine would not

cause the vessel to violate U.S. Coas t Guard or other applicable safety regulations. The E.O. may not consi der the cost of the replacement engine, by itself or including in stallation and downtime costs, in determining its suitability as a replacement.A - 39 The application for and issuance of an initial extensi on and subsequent extensions pursuant to this par agraph are subject to the following requirements:

a. For an initial extension and all subsequent annual extensions to be granted pursuant to this paragraph, the E.O. shall follow the same procedures for applying, determining completeness, allowing public review and considering public comm ents, taking final action, and publishing E.O. decisions that are set forth in subsection (f) for Alternative Control of Emissions (ACE) applications;

b. The E.O. shall consider all in formation submitted by the public, including but not limited to, informati on related to the availability of replacement engines suitable for the person’s vessel;

c. Except for the engine(s) for whic h the extension is sought, the person must demonstrate that all other engines subject to the person’s direct control meet the requirem ents of subsection (e)(6);

d. The person must submit the applicat ion for an extension so that it is received by the E.O. no later than 6 months bef ore the nominal compliance date of the engine for whic h the extension is requested;

e. The person must identify in the ap plication each engine for which the extension is requested;

f. For each engine identified in paragraph 2 above, the person must provide in the application a detai led description of the reasons and

factors that serve as the basis for the claim that no suitable replacement engine is available. This description must include, at a minimum, detailed engi neering diagrams, calculations, and citations to applicable U.S. Coast Guard regul ations that support the person’s

claim that there are no suitable replacement engines available.

g. After the initial extension, t he E.O. may grant additional one year extensions, provided the following requirements are met:

i. All procedures specif ied in paragraph (e)(6)(E)2.a and (e)(6)(E)2.b above are followed; ii. The application for an additiona l extension demonstrates the engines identified in paragraph (e)( 6)(E)2.c remain in compliance with this section; iii. The application is received by the E.O. no sooner than 6 months

but no later than 2 months before t he expiration of the previous extension;A - 40 iv. The application identifies the engine(s) for which the additional extension is requested; v. For each engine identified in par agraph (e)(6)(E)2.g .iv above, the person must provide in the applic ation a detailed description of

the reasons and factors that serve as the basis for the claim that suitable replacement engines remain unavailable. This description must include, at a minimum, detailed engineering diagrams, calculations, and citations to applicable U.S. Coast Guard regulations that support t he person’s claim that there are still no suitable replacement engines available.

3. Equipment Manufacturer Delays or Installation Difficulties

.

Upon written request, the E.O. may grant to a person a 6-month extension to the nominal complian ce date set forth in subsection (e)(6)(D), provided all the following criteria are met:

a. the person ordered the new replacement engine or other equipment necessary to comply with the requirements of subsection (e)(6)(C) prior to the nominal compliance date set forth in subsection (e)(6)(D);

b. the purchase order identifi ed in paragraph a above was placed

with the manufacturer no later t han 6 months before the engine’s nominal compliance date;

c. the new engine or equipment has not been received or installed since it was ordered due to manufacturing delays or excessive difficulties encountered by the engi ne or equipment installer; and

d. the applicant for the extensi on provides documentation to the

E.O.’s satisfaction that demonstrates the criteria in subparts a. through c. above have been met. The E.O. may, in his/her sole discretion, use any information available to rebut any of the documentation submitted pursuant to subparts a through c above.

4. Multiple Engines on Multiple Vessels Within Same Fleet and With Same Compliance Dates.

This provision applies only to fleets of 2 or more vessels that are owned by the same person. Upon written request, the E.O. may grant to the person an extension to the nominal compliance date(s) for engines on vessels within such fleets, as set forth below;

a. For each set of engines on two or more vessels or for each single engine in three or more vessels with compliance dates of 2009 orA - 41 2010 for ferries, excursion vesse ls, tugboats, towboats, and push boats and 2011 or 2012 for crew and supply vessels and barge and dredge vessels (a “set” means 2 or more engines), the E.O. may grant a one-time extension of the compliance date to December 31, 2013 for ferries, excursion vessels, tugboats, towboats, and push boats and to December 31, 2015 for crew and supply boats and barge and dredge vessels , provided the E.O. receives and approves a compliance schedule from the person that meets the requirements se t forth below:

i. The compliance schedule is received by the E.O. no later than December 31, 2009 for ferries, excursion vessels, tugboats, towboats, and push boats and prior to December 31, 2011 for crew, supply, barge, and dredge vessels ;

ii. For each year, up to and incl uding 2013 for ferries, excursion vessels, tugboats, towboats, and push boats and 2015 for crew and supply vessels and barge and dredge vessels , that the extension will be in effect, the compliance schedule must identify, at a minimum, the engi nes on specified vessels in the fleet that will meet the require ments of subsection (e)(6)(C) within any given year;

iii. The compliance schedule must show that all engines with compliance dates of 2009 or 2010 for ferries, excursion vessels, tugboats, towboats, and push boats and 2011 or 2012 for crew and supply vessels and barge and dredge

vessels on the specified vessels in the fleet will be in compliance with subsection (e)(6 )(C) by December 31, 2013 for ferries, excurs ion vessels, tugboats, towboats, and push boats and December 31, 2015 for crew and supply vessels and barge and dredge vessels . [Note: For example, an approvable plan may show that 25% of these engines on the specified vessels in a fleet will be in compliance in 2010, 50% in 2011, 75% in 2012, and 100% by December 31, 2013.]; and

iv. The compliance schedule must include all other information the E.O. deems necessary and appropriate for implementing this provision.

b. For each set of engines on tw o or more vessels or each single engine on three or more vessels with a compliance date of 2011 or later for ferries, excursion vessels, tugboats, towboats, and push boats and 2013 or later for crew and supply vessels and barge and dredge vessels (a “set” means 2 or more engines), the E.O. may grant to a person a one-time, maximum one-yearA - 42 extension of the nominal comp liance date. To receive an extension under this provision, the person must submit a written request to the E.O. that meet s the following requirements:

i. The request must be received by the E.O. no later than December 31st of the year imme diately preceding the nominal compliance date for the set of engines; and

ii. The request identifies the engines in each set of engines and the vessels in the person’s fl eet that are subject to the requested extension.

For all engines within a person’s fl eet that have not been granted an extension pursuant to par agraphs a or b above, the compliance dates for such engines remain as set forth in subsection (e)(6)(D).

(F) Special Provisions Applicable to the Use of a Diese l Emission Control Strategy (DECS), including Verified Diesel Emission Control Strategies (VDECS).

The following requirements apply to any person’s use of a DECS pursuant to subsections (e)(5) or (e)(6) and are in addition to any other applicable requirements:

1. Once the DECS is installed or otherwise employed on a person’s vessel, the person must continue to operate and maintain the DECS, in

accordance with the manufacturer’s dire ctions, to achieve the original

level of emission reductions that the DECS was designed and intended to achieve;

2. In the event a DECS fails, breaks down, or is otherwise damaged (collectively referred to hereinafter as “fail” or “failure”), the vessel owner or operator must, within 90 days of t he DECS failure, do at least one of the following:

a. repair the DECS to good working order;

b. replace the failed DECS with anot her working DECS, if it cannot be repaired; or

c. employ another method that me ets the requirements of subsection (e)(6)(C) and other applicable provisi ons of this section, if the DECS cannot be repaired.A - 43 3. The determination in subpart 2. b and 2.c above of whether a DECS cannot be repaired may only be made by either the DECS manufacturer

or an authorized dealer.

4. For each replacement DECS inst alled under subpart 2.b above, the person must provide to the E.O. the same documentation for the replacement DECS that was required for the DECS that failed, and the person must obtain the same E.O. appr ovals that were required with the

failed DECS.

(f) Alternative Control of Emissions (ACE).

(1) Requirements

.

(A) The purpose of this subsection is to allow a person (“person” or “applicant”) the option of complying with the require ments of this subsection in lieu of the requirements of subsection (e). As set forth in this subsection, a person may be deemed in compliance with subsection (e) by implementing an alternative emission control strategy(i es) (AECS) approved by the E.O. In no case may the E.O. approve an AECS that results in or has the potential to result in any increase of diesel PM and NOx emissions or any increase in emissions greater than 10 percent for any other pollutant, relative to the emissions of diesel PM, NOx, and ot her pollutants that would have occurred under compliance with subsection (e).

(B) An applicant wishing to participate in an ACE may include one or more harbor craft in the ACE, but the applicant may only in clude harbor craft that the person owns or operates under t he person’s direct control.

(C) No harbor craft may be in cluded in more than one ACE plan.

(D) Harbor craft included in an AC E must continue to be included in and operated pursuant to the approved ACE for the duration of the ACE.A - 44 (E) AECS may include, but are not limited to, any combination of the following:

1. engine modifications; 2. exhaust treatment control; 3. engine repower; 4. use of alternative fuels or fuel additives; 5. shore-side power; 6. fleet averaging; and 7. any other measures that sufficiently reduce emissions.

(F) A person complying under this prov ision must obtain E.O. approval of an ACE application that demons trates compliance with this subsection and contains, at a minimum, the following information:

1. the company name, address, and contact information; 2. the harbor craft and engi ne(s) subject to the ACE, including the vessel name and identification number(s), engine make, model, and serial numbers, and other information th at uniquely identify the engine; 3. documentation, calculations, emissi ons test data, or other information

that establishes the diesel PM and NO
x reductions, expressed in pounds, are equal to or greater than t he emission reducti ons that would have been achieved upon compliance with subsection (e), including but not limited to the requirements s pecified in subsection (e)(6)(C) and (e)(6)(D); and 4. the proposed recordkeeping, repor ting, monitoring, and testing procedures that the applicant will use to demonstrate continued compliance with the ACE.

(G) For each ACE, the emission redu ction calculations demonstrating equivalence with the requirements of s ubsection (e) may include only those

diesel PM and NO
x emissions from harbor cr aft with its homeport within a single specified California air dist rict, or another defined geographic area approved by the E.O.

(H) A person subject to an approved ACE must maintain operating records in the manner and form as specified by the E.O as an element of any approved ACE. Required records must include, at a minimum:

1. all the reporting and recordk eeping requirements specified in subsections (g) and (h); 2. maintenance procedures; and

3. emissions test results.

A person subject to an approved ACE must retain records and reports on

each vessel or at an office at the ve ssel’s homeport for the lifetime of eachA - 45 engine and must submit these records and reports to the E.O. in the manner specified in the approved ACE or upon request by the E.O.

(I) Emission reductions included in an AC E may not include reductions that are otherwise required by any loca l, State, or federal rule , regulation, or statute,

or that are achieved or estimated fr om equipment not located in the region to which the ACE applies.

(J) A person subject to an approved ACE may not operate any harbor craft under the ACE unless the person has fi rst been notified in writing by the E.O. of the ACE’s approval. Prior to such approval, the applicant must comply with the provisions of this se ction, including the requirements in subsection (e)(6)(C) and (e)(6)(D).

(2) Application Process.

(A) Applications for an ACE must be s ubmitted in writing to the Executive Officer for evaluation by February 28 of the first year that vessel engine compliance is required

.

(B) The E.O. shall establish an internet si te (“ACE internet site”) in which all documents pertaining to an ACE applic ation shall be made available for public review. The E.O. shall also prov ide a copy of all such documents to each person who has requested copies of the documents; these persons shall be treated as interested parties. The E.O. shall provide two separate public comment periods during the ACE ap plication process, as specified in subsection (f)(2)(D) and (f)(2)(E).

(C) Completeness Determination.

Within 15 days after receiving an ACE app lication, the E.O. shall notify an applicant whether t he application is deemed sufficiently complete to proceed with further evaluation. If the appl ication is deemed incomplete, the notification shall identify the application’s deficiencies. The E.O. shall have an additional 15-day period for review ing each set of documents or information submitted in response to an incomplete determination. Nothing in this subsection prohibits the E.O. fr om requesting additional information from the applicant, during any part of the ACE application process, which the E.O. determines is necessary to evaluate the application.

(D) Notice of Completeness and 30-Da y First Public Comment Period.

After an ACE application has been deemed complete, the E.O. shall provide a 30-day public comment period to rece ive comments on any element of the ACE application and whether the E.O. should approve or disapprove theA - 46 ACE application based on the contents and merits of the application. The E.O. shall notify all interest ed parties of the following:

1. the applicant(s);

2. the start and end dates for the 30-day first comment period; and

3. the address of the ACE internet site where the application is posted.

The E.O. shall also make this notificat ion available for public review on the

ACE internet site.

(E) Proposed Action and 15-Day Sec ond Public Comment Period.

Within 30 days after the first public comment period ends, the E.O. shall notify the applicant and all interested par ties of ARB’s proposed approval or disapproval. This notification sha ll propose to approve the application as submitted, disapprove the application, or approve the ACE application with modifications as deemed necessary by the E.O. The notification shall identify the start and end dates fo r the 15-day second public comment period.

During the second public comment per iod, any person may comment on the E.O.’s proposed approval or disappro val of the ACE application and any element of the applic ation. The E.O. shall also make this notification available for public review on the ACE internet site.

(F) Final Action.

Within 15 days after the second public comment period ends, the E.O. shall take final action to either approve or deny an ACE application and shall notify the applicant accordingly. If t he application is denied or modified, the

E.O. shall state the reasons for the denial or modification in the notification. The notification to the applicant and approv ed ACE plan, if applicable, shall be made available to the public on the AC E internet site. In addition, the E.O. shall consider and address all comments received during the first and second public comment periods, and pr ovide responses to each comment

on the ACE internet site.

(G) Renewal of an Approved ACE.

An applicant may apply for renewal of an approved ACE by forwarding the E.O. updated information for all elements of the approved ACE for review and re-approval. The applicant must subm it the renewal application so that the E.O. receives the application no la ter than 30 days prior to the end of the ACE compliance period.A - 47 (H) Notification to the E.O. of Changes to an Approved ACE.

A person with an approved ACE must not ify the E.O. in writing within 30 days upon learning of any information that would alter the emissions estimates submitted during any part of the ACE application process. If the

E.O. has reason to believe that an approved ACE has been granted to a person that no longer meets the criteria for an ACE, the E.O. may, pursuant to subsection (f)(3) below, modify or revoke the ACE as necessary to assure that the applicant and subject vess el(s) meet the emission reduction requirements in this section.

(3) Revocation or Modification of Approved ACEs.

With 30 days of notice of violation to the ACE holder, the E.O. may revoke or modify, as needed, an approved ACE if any of the following apply:

(A) there have been multiple violatio ns of the ACE provisions or the requirements of the approved ACE plan;

(B) the E.O. has reason to believe th at an approved ACE has been granted that no longer meets the cr iteria or requirements for an ACE; or

(C) the person can no longer comply with the requirement s of the approved

ACE in its current form.

Public notification of a revocation or modification of an approved ACE shall be

made available on the ACE internet site.

(g) Recordkeeping Requirements.

Beginning January 1, 2009, the owner or operator of a harbor craft must maintain the records specified in this subsection on the vessel or at the vesse l’s homeport for the life of each engine subject to this section, incl uding fleet swing engines and marinized landbased engines . The owner or operator must provi de such records for inspection to an agent or employee of ARB upon request for all har bor craft subject to this section. Records may be provided as a hard copy, el ectronic, or any alternative reporting strategy approved by the E.O. Records pr ovided by the person under this provision must include, at a mi nimum, the following:

(1) Owner or Operator Contact Information: (A) Company name; (B) Contact name, phone and fax num ber, address, e-mail address; (C) Address where vessel is registered; and (D) Reporting year.A - 48 (2) Vessel information: (A) Harbor craft name; (B) Specify vessel use(s) (ferry, excursion vessel, tugboat, ocean-going tugboat, towboat, push boat, work boat, co mmercial fishing vessel, charter fishing vessel, crew and supply vessel, p ilot vessel, or other if none of the preceding apply); (C) Vessel homeport; (D) Vessel build year; (E) U.S. Coast Guard documentation number; (F) California Fish and Game license number; (G) International Maritime Organization (IMO) number; (H) Call Sign number; and (I) Maritime Mobile Service identity number. (3) Engine Information (for each diesel engine on the vessel, including swing engines ): (A) Current hour meter reading; (B) Make of engine; (C) Model of engine; (D) Engine family (if applicable); (E) Engine serial number; (F) Year of manufacture of engine (if unable to determine, provide its approximate age); (G) Rated brake horsepower; (H) Total engine displacement; and (I) Number of cylinders.

(4) Operational Information: (A) Describe the general use of engi ne (propulsion or auxiliary engine); (B) Total annual hours of operation, based upon readings of the non-resettable hour meters for previous calendar year per engine (for engines without an hour meter before 2009, provide an estimate); (C) Total hours of operation per calendar year in each of the regulated in-use vessel categories, based upon readings of the non-resettable hour meters for previous calendar year per engine; (C D )Estimated annual fuel usage per engine; and (D E )Estimated percent operating time as a function of distance from shore at

the distances below:

1. 0-3 nautical miles; and 2. >3-24 nautical miles; and

3. >24 nautical miles from shore.

(5) Control Equipm ent (if applicable): (A) Type of diesel emission control strategy; (B) Manufacturer of installed di esel emission control strategy;A - 49 (C) Model of installed diesel emission control strategy; (D) Level of control – air pollutant s controlled and percent reductions; (E) Emission control serial number; and (F) Date control equipment installed.

(6) Maintenance records for each insta lled engine and diesel emission control strategy: (A) Hour meter reading at last top end rebuild (i.e., less than full rebuild); (B) Hour meter reading at last full engine rebuild; and (C) Number of times full engi ne rebuild completed.

(7) The retirement date for each near-reti rement vessel for which an owner or operator is claiming an exemptio n pursuant to subsection (c)(13).

(8) For each engine for which the model year is determined using the “Engine’s Model Year + 5” method pursuant to subsection (e)(6)(D)2:

(A) the name and contact informati on (representative, address, and phone number) for the manufacturer of t he emission control strategy; (B) the name and type of emi ssion control strategy; (C) the installation date of the emission control strategy; and, (D) if a VDECS is not being used for th is purpose, the test plan, and the data demonstrating the emission reductions achieved due to the emission control strategy.

(9) For each engine for which an owner or operator is claiming an extension pursuant to subsection (e)(6)(E)3, the pur chase order or signed contract between the owner or operator and seller of the new engine or equipment that has been purchased to comply with subsection (e)(6)(C) and (e)(6)(D).

(10) For each engine an owner or operator cl aims to have replaced, for purposes of compliance with the requirements of (e)6, written documentation that the engine has been: dismantled, or destroyed, or sold out of stat e. Alternately, the engine may be used to replace an older engine if: (A) The older engine is subject to the in-use engine requirements, and (B) the original compliance date of the ol der engine is retained for the newer engine

.

(11) Records for each engine must be retained by the owner or operator for the entire engine life.

(12) All records specific to an E.O. approved ACE plan.

(13) All records specific to a BACT approved by the E.O. pursuant to subsection (e)(5).A - 50 (h) Initial and Compliance Plan Reporting Requirements.

(1) Initial Reporting of California Harbor Cr aft Fleet. By February 28, 2009, a person subject to this section must submit the information specified in subsections (g)(1) through (g)(6) for all harbor craft vessels in his/her California fleet. For purposes of this paragraph, “California fleet” m eans the total population of harbor craft under the person’s direct contro l as of January 1, 2009.

(2) Compliance Plan

. By February 28 of the year vessel engine compliance is required, a person subject to the r equirements of subsection (e)(6)(C) and (e)(6)(D) must submit a Compliance Plan to the E.O. that describes in detail the engine replacements, rebuild s, upgrades, use of DECS, and any other measures the person plans to use to meet the r equirements of subsection (e)(6)(C) and (e)(6)(D) for each of the person’s engine s and harbor craft. The person may revise the Compliance Plan, as needed, bu t the person must notify the E.O. within 10 business days of any changes to the Compliance Plan after the initial Compliance Plan is submitted. The Compliance Plan is for the E.O.’s informational and planning use only, and the substantive contents of the plan are not binding on either the E.O. or the pers on who submitted the Compliance Plan. The E.O.’s receipt and acceptance of a submitted Compliance Plan shall not constitute or be interpreted as evidence of compliance with the requirements of subsection (e)(6)(C) or (e)(6)(D).

(3) Demonstration of Compliance. By no later than the applicable compliance date specified in subsection (e)(6)(D), a person subject to the requirements of subsection (e) must provide the fo llowing information to the E.O.:

(A) All information specified in subsections (g)(1) through (g)(6), and

(B) The implementation date and the emi ssion control strategy implemented for each engine in accordance with the r equirements of subsection (e)(6)(D) and (e)(6)(C), respectively, for pur poses of demonstrating compliance.

(4) Reporting for Change of Annual Hours of Operation, Vessel Category/Use, Transfers of Vessels, or a Change of Ownership of Vessel or Engine, or Vessel Operation in Regulated California Waters

.

(A) A person subject to this section mu st submit to the E.O. the information specified in subsection (g)(1) through (g)(6) within 30 days of a significant change of annual hours of operation (i .e., enough to change the engine’s compliance date), vessel category/use, purchase, lease, rental, or change of ownership of the vessel or engine. In the case of a purchase, lease, rental, or change in ownership, the par ty in control or possession of the engine or vessel after the transacti on is responsible for meeting the requirements of this paragraph;A - 51 (B) A person subject to this section mu st submit to the E.O. the information specified in subsection (g)(1) thr ough (g)(6) within 30 days of the initial operation of a vessel brought into Regulated California Waters;

(B C )Within 90 days of a significant change of annual hours of operation, vessel category/use, purchase, lease, rental, or change of ownership, or initial operation of a vessel brought Re gulated California Waters, or by the earliest applicable compliance date specified in subsection (e)(6)(D), whichever is later, a person subject to subsection (e)(6) shall submit a new Compliance Plan with the updated information pur suant to the Compliance Plan requirements specified in paragraph 2 above.

(i) Violations.

(1) A person who is subject to this section and commits a violation of any provision, standard, criteria , or requirement in this section is subject to the penalties, injunctive relief, and other remedi es specified in H&S section 42400 et seq.; H&S section 42402 et seq.; other applicable sections in the Health and Safety Code; and other applicable provisi ons as provided under California law for each violation. Nothing in this secti on shall be construed to limit or otherwise affect any applicable penalties or other remedies avai lable under federal law.

(2) Any failure to meet any provision, st andard, criteria, or r equirement in this section, including but not limited to the applicable emission limits; recordkeeping requirements; and ACE pr ovision, including the requirements of any approved ACE plans, shall constitute a single, separate violation of this section for each hour that a person oper ates a vessel within the Regulated California Waters until such provision, standard, criteria, or requirement has been

met.

(3) A person who is subject to this sect ion is liable for meeting the requirements of this section, notwithstanding any c ontractual arrangement that person may have with any third-parties.

(j) Methods to Demonstrate Compliance with Engine and Fuel Standards.

(1) Diesel PM, NO
x , NO, CO, HC, NMHC, and CO 2 testing must be done in accordance with the applicable method s pecified in the following procedures: International Organization for Standardi zation (ISO) 8178-2: 1996(E) (“ISO 8178 Part 2”); (2) ISO 8178-4: 1996(E) (“ISO 8178 Part 4” ); and applicable methods and procedures specified in 40 CFR Pa rt 94 (as amended in 2007), all of which are incorporated herein by reference, or 40 CFR Part 1042 for marine engines or

in 40 CFR Part 89 or 40 CFR Part 1039 for nonroad (off-road) engines, as those Parts existed on April 27, 2010 . Each of the procedures specified in this subsection is incorporated by reference herein

.A - 52 (2) The E.O. may approve in writi ng any alternative test methods not specified in paragraph (1) above that the method’s prop onent has demonstrated to the E.O.’s satisfaction provides equivalent or better results to the methods in paragraph (1).

(k) Right of Entry.

An agent or employee of the ARB has the right of entry to board any harbor craft for the purpose of inspecting propulsion and auxiliary engines, emission control strategies, fuel systems, and fuel storage; colle cting fuel sample(s) not to exceed one liter per fuel tank; and acquiring and inspecting records required pursuant to

this section.

(l) Severability

.

If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this regulation is, for any reas on, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and i ndependent provision, and such holding shall not affect the validity of the remaining portions of the regulation.

(m) Submittal of Documents.

(1) All documents required under this regulat ion must be submitt ed to the Executive

Officer as follows:

California Air Resources Board Stationary Source Division

Emissions Assessment Branch Control Strategies Section, Harbor Craft

P.O. Box 2815 Sacramento, California 95812-2815

(2) Electronic submittals of information a ssociated with compliance with this section may be approved by the E.O. upon request, provided such electronic submittals use digital signatures that meet the requi rements specified in Government Code section 16.5. The E.O. may request t he submittal of a hard copy of any

electronic submittal.

NOTE: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 41511, 43013, and 43018, Health and Safety Code. Refer ence: Sections 39650, 39658, 39659, 39666, 41510, and 41511, 43013, and 43018, Health and Safety Code.