State of California 

AIR RESOURCES BOARD 

Resolution 10-26 

June 24, 2010 

Agenda Item No.: 10-6-2 

WHEREAS, sections 39600 and 39601 of the Health and Safety Code authorize the 

Air Resources Board (ARB or Board) to adopt standards, rules, and regulations, and to 

do such acts as may be necessary for the proper execution of the powers and duties 

granted to, and imposed upon, the Board by law; 

WHEREAS, Health and Safety Code section 43013(b) authorizes the Board to adopt 

standards and regulations for off-road and nonvehicular engine categories, including 

marine vessels such as commercial harbor craft, to the extent permitted by federal law; 

WHEREAS, sections 43018(a) and (d)(3) of the Health and Safety Code direct the 

Board to endeavor to achieve the maximum degree of emission reduction possible from 

vehicular and other mobile sources, including marine vessels, in order to accomplish the 

attainment of the state ambient air quality standards at the earliest practicable date; 

WHEREAS, in section 39650 of the Health and Safety Code, the Legislature finds and 

declares that it is the public policy of the state that emissions of toxic air contaminants 

should be controlled to levels which prevent harm to the public health; 

WHEREAS, on August 27, 1998, the Board identified particulate matter from 

diesel-fueled engines (diesel exhaust PM) as a toxic air contaminant pursuant to article 

3 (commencing with section 39660), chapter 3.5, part 2, division 26 of the Health and 

Safety Code; 

WHEREAS, ARB staff, in consultation with the Office of Environmental Health Hazard 

Assessment, has concluded that the particulate matter emissions from diesel engines 

on commercial harbor craft using diesel fuel constitute diesel exhaust PM; 

WHEREAS, in identifying diesel exhaust PM as a toxic air contaminant, the Board 

determined that there is not sufficient scientific evidence to support identification of a 

threshold level for diesel exhaust PM below which no significant adverse health effects 

are anticipated; this is codified in title 17, California Code of Regulations (CCR), section 

93000; 

WHEREAS, pursuant to section 39669.5(a) of the Health and Safety Code, the Office of 

Environmental Health Hazard Assessment listed diesel exhaust PM as possibly causing 

infants and children to be especially susceptible to illness; 
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WHEREAS, pursuant to section 39665 of the Health and Safety Code, ARB staff 

prepared a comprehensive risk reduction plan to significantly reduce diesel exhaust PM 

emissions from diesel-fueled engines and vehicles, including marine vessels, which the 

Board approved on September 28, 2000; 

WHEREAS, the “Staff Report: Initial Statement of Reasons for the Proposed 

Rulemaking – Regulations to Reduce Emissions from Diesel Engines on Commercial 

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

Baseline” (Staff Report) and “Technical Support Document: Technical Support for the 

Proposed Rulemaking – Regulations to Reduce Emissions from Diesel Engines on 

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

the California Baseline” (Technical Support Document), both released on 

September 7, 2007 (collectively referred to hereinafter as “September 2007 Staff 

Report”), along with the report “Risk Reduction Plan to Reduce Particulate Matter 

Emissions from Diesel-Fueled Engines and Vehicles,” adopted by the Board on 

September 28, 2000, and the “Staff Report: Initial Statement of Reasons for the 

Proposed Rulemaking – 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” released on May 5, 2010 (“May 2010 Staff 

Report”), constitute the reports required under Health and Safety Code section 39665; 

WHEREAS, sections 39658, 39665, and 39666 of the Health and Safety Code 

authorize the Board to establish airborne toxic control measures (ATCM) for substances 

identified as toxic air contaminants in accordance with specified criteria; 

WHEREAS, for toxic air contaminants that the Board has not specified a threshold 

exposure level, section 39666 of the Health and Safety Code requires the development 

of ATCMs designed to reduce emissions of toxic air contaminants from nonvehicular 

sources to the lowest level achievable through the application of best available control 

technology (BACT) or a more effective control method, considering factors specified in 

section 39665, unless the Board determines, based on an assessment of risk, that an 

alternative level of emissions reduction is adequate or necessary to prevent an 

endangerment of public health; 

WHEREAS, the Global Warming Solutions Act of 2006 (AB 32; Stats, 2006, ch. 488) 

directs ARB to adopt regulations and other requirements to reduce statewide 

greenhouse gas emissions to 1990 levels by 2020; 

WHEREAS, in January 2005, a Goods Movement Cabinet Workgroup, created by 

Governor Schwarzenegger and led by the California Environmental Protection Agency 

and the Business, Transportation and Housing Agency, established a policy for goods 

movement and ports to improve and expand California’s goods movement industry and 

infrastructure while improving air quality and protecting public health; 

WHEREAS, the Goods Movement Cabinet Workgroup, in collaboration with the logistics 

industry, local and regional governments, neighboring communities, business, labor, 

environmental groups, and other interested stakeholders created a two-phased Goods 
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Movement Action Plan, which outlines a comprehensive strategy to address the 

economic and environmental issues associated with moving goods via the State’s 

highways, railways, and ports; 

WHEREAS, in 2006, the Board adopted the Emission Reduction Plan for Ports and 

Goods Movement, the final phase of which, completed in 2007, includes a framework 

for action, which identifies projects needed to reduce emissions from goods movementrelated sources, including those from commercial harbor craft engines; 

WHEREAS, commercial harbor craft vessels are nonvehicular sources of substantial 

amounts of diesel exhaust PM, criteria pollutants (e.g., nitrogen dioxide), and precursors 

of criteria pollutants (e.g., oxides of nitrogen (NOx)); 

WHEREAS, ARB staff has determined that the current United States Environmental 

Protection Agency (U.S. EPA) emission standards do not sufficiently reduce emissions 

of diesel exhaust PM and other criteria pollutants and precursors from in-use 

commercial harbor craft vessels; 

WHEREAS, ARB adopted a regulation for commercial harbor craft diesel engines 

(hereinafter “Commercial Harborcraft (CHC) regulation”), set forth at title 13, CCR, 

section 2299.5 and title 17, CCR section 93118.5, that became effective on November 

19, 2008; 

WHEREAS, ARB staff has proposed amendments to the CHC regulation, as set forth in 

Appendix A of the May 2010 Staff Report and Attachment A hereto; these proposed 

amendments were developed through the sharing of information and discussions of 

concepts and draft versions that were made available to the public for review and 

comment at three public workshops and outreach meetings and multiple 

teleconferences with stakeholders, owner/operators of crew and supply, barge, and 

dredge vessels, air pollution control and air quality management districts (districts), and 

other interested parties that were held between July 2007 and May 2010; 

WHEREAS, the CHC regulation relies, in part, on U.S. EPA’s Marine Engine Tier 2 

standards, as set forth in “Control of Emissions of Air Pollution From New Marine 

Compression-Ignition Engines at or above 37kW” (40 CFR parts 89, 92, and 94 

(December 29, 1999)); 

WHEREAS, the CHC regulation relies, in part, on U.S. EPA’s Marine Engine Tier 3 and 

Tier 4 standards, as set forth in “Control of Emissions of Air Pollution from Locomotive 

Engines and Marine Compression-Ignition Engines Less Than 30 Liters Per Cylinder” 

(72 Federal Register 15937 et seq. (April 3, 2007)); 

WHEREAS, the September 2007 and May 2010 Staff Reports identify and explain the 

need and appropriate degree of regulation for diesel exhaust PM and other pollutants 

from commercial harbor craft; 
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WHEREAS, the September 2007 Staff Report identified Regulated California Waters as 

a region of water, including all California internal waters, estuarine waters, ports, and 

coastal waters generally within 24 nautical miles of California’s coast, which is a subset 

of the California Coastal Waters (title 17, CCR, section 70500(b)(1)). The Board has 

previously determined, through extensive studies of meteorological, wind, and 

atmospheric conditions, that emissions of air pollutants within the California Coastal 

Waters are likely to be transported to coastal communities and have adverse impacts 

on human health and welfare and the environment; 

WHEREAS, the September 2007 and May 2010 Staff Reports discussed the need for 

and feasibility of regulating emissions from diesel engines on commercial harbor craft 

operating within Regulated California Waters; 

WHEREAS, the September 2007 and May 2010 Staff Reports further discussed, to the 

extent data could reasonably be made available, the factors specified in Health and 

Safety Code sections 39665(b), 43013, and 43018, including, but not limited to, the 

estimates of emissions; exposure; potential cancer risk associated with the operation of 

commercial harbor craft engines in Regulated California Waters; feasible control 

options; potential environmental impacts; and the necessity, cost-effectiveness, and 

technological feasibility of the proposed regulation; 

WHEREAS, the September 2007 Staff Report further discussed risk evaluations ARB 

staff performed of exposure to diesel exhaust PM emissions from diesel engines 

operated on commercial harbor craft, using U.S. EPA-approved and ARBrecommended air dispersion models, and these evaluations indicate potential cancer 

risks for off-site receptor locations near California’s major ports up to levels exceeding 

200 chances in a million; 

WHEREAS, in addition to discussing the potential cancer risks due to exposure to 

diesel exhaust PM emission, the September 2007 Staff Report discussed non-cancer 

risk evaluations ARB staff performed of exposure to diesel exhaust PM emissions from 

diesel engines operated on commercial harbor craft, and these evaluations indicated 

that exposure to these emissions can be associated with about 90 premature deaths 

per year in addition to numerous other non-cancer health impacts; 

WHEREAS, the May 2010 Staff Report further determines that the emissions from 

diesel engines operated on crew and supply, barge, and dredge vessels contribute to 

levels of ozone and particulate matter that exceed federal and State ambient air quality 

standards; 

WHEREAS, crew and supply vessels are currently exempted from the CHC regulation’s 

in-use engine requirements because information obtained from the 2004 Statewide 

Commercial Harbor Craft Survey indicated these vessels had limited hours of operation 

and emissions; 

WHEREAS, information acquired since 2007 now indicates that the emissions from 

crew and supply vessel engines are similar in magnitude to the emissions from other 
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CHC vessel engines that are subject to the CHC regulation’s in-use emissions 

requirements; 

WHEREAS, crew and supply vessels typically operate less than 3 nautical miles from 

shore, so most of their emissions impact communities located near ports; 

WHEREAS, approximately 400 engines currently operate on barge and dredge vessels 

in California, and the auxiliary engines on barge and dredge vessels are primarily 

off-road (nonroad) engines; 

WHEREAS, barge and dredge vessels typically operate in harbors and generally close 

to shorelines, so most of their emissions impact communities located near ports; 

WHEREAS, the proposed amendments would establish in-use emission limits and 

associated compliance schedules for the diesel-fueled engines on crew and supply, 

barge, and dredge vessels that are similar to the existing emission limits and 

compliance schedules applicable to excursion vessels, ferries, tugboats, and towboats 

in the CHC regulation; 

WHEREAS, the CHC regulation currently exempts engines on barge and dredge 

vessels that were registered with ARB’s Portable Equipment Registration Program 

(PERP) before January 1, 2009, or that were registered and permitted under local air 

district regulations before January 1, 2009; 

WHEREAS, engines on barge and dredge vessels that were not registered with PERP 

before January 1, 2009, or that were not registered and permitted under local air district 

regulations before January 1, 2009 are currently subject to the CHC regulation, but are 

not subject to the CHC regulation’s in-use emissions requirements; 

WHEREAS, staff proposed amendments to the PERP regulation in January 2010 that 

would subject auxiliary engines on CHC vessels that are registered in PERP to the CHC 

regulation; 

WHEREAS, ARB has promulgated new off-road diesel engine standards that are 

harmonized with and essentially identical to U.S. EPA Tier 2 through Tier 4 nonroad 

diesel emission standards as set forth in Title 40, Code of Federal Regulations Part 

89.112(d), as it existed on April 27, 2010, and Part 1039.101, as it existed on 

April 27, 2010; 

WHEREAS, the proposed amendments would provide CHC vessel owners and 

operators more flexibility by allowing them to use currently available Tier 2 or higher 

ARB or U.S. EPA certified off-road or nonroad diesel engines to comply with the in-use 

requirements applicable to CHC vessel auxiliary engines; 

WHEREAS, the proposed amendments would delete the term “multipurpose harbor 

craft” and would clarify the low use exemption of the CHC regulation to assist vessel 

owners or operators in understanding and complying with the CHC regulation; 
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WHEREAS, the proposed amendments would provide vessel operators greater 

compliance flexibility by allowing them to operate their vessels using U.S. EPA on-road 

or nonroad diesel fuel if they cannot obtain CARB diesel fuel prior to operating in 

Regulated California Waters; 

WHEREAS, the proposed amendments would provide vessel owners/operators an 

exemption in specific cases, allowing them to install a non-compliant engine in a vessel 

if there are no suitable engine replacements available or if a complaint engine does not 

synchronize with the vessel’s other existing engines; 

WHEREAS, the proposed amendments would allow an engine that does not meet 

applicable Tier 2 or Tier 3 requirements to be used on a temporary basis provided that 

the engine being replaced is in the same fleet and the original compliance date of the 

older engine remains in effect; 

WHEREAS, the proposed amendments would clarify the existing requirements that 

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

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

standards with Best Available Control Technology (BACT); 

WHEREAS, the proposed amendments would expand the availability of current 

compliance extensions to owners in situations where owners have multiple vessels that 

are subject to compliance dates of 2011 or 2012 for crew and supply, barge, and 

dredge vessels; 

WHEREAS, the May 2010 Staff Report further determines that while some actions 

required by the amended regulation may result in slightly increased carbon dioxide 

emissions for some applications, a slight decrease in greenhouse gas emissions 

associated with newer, more fuel efficient engines required by the amended regulation 

will offset this effect, thereby resulting in an overall negligible effect on global warming; 

WHEREAS, in accordance with Health and Safety Code section 39665(c), the 

May 2010 Staff Report and relevant comments received during public consultation with 

districts, affected sources, and the public were made available for public review and 

comment at least 45 days prior to the public hearing to consider the proposed 

amendments; 

WHEREAS, the proposed amendments, with the modifications described in 

Attachment B, would result in immediate emission reductions of diesel exhaust PM and 

NOx after the specified compliance deadlines by requiring that diesel engines on crew 

and supply, barge, and dredge vessels within Regulated California Waters meet 

emission limitations that can be achieved through the replacement of existing engines 

with new clean engines, by demonstrating that existing engines meet the emission 

limitations, or by implementing equally effective emission control strategies; 
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WHEREAS, the Board has considered the impact of the proposed regulation on the 

economy of the state and the potential for adverse economic impacts on California 

business enterprises and individuals; 

WHEREAS, the California Environmental Quality Act (CEQA), section 21080.5 of the 

Public Resources Code and Board regulations at title 17, CCR section 60006 require 

that no project that may have significant adverse environmental impacts be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts; 

WHEREAS, a public hearing and other administrative proceedings have been held in 

accordance with the provisions of chapter 3.5 (commencing with section 11340), part 1, 

division 3, title 2 of the Government Code; 

WHEREAS, pursuant to the requirements of CEQA and the Board’s regulations, the 

Board finds that: 

1. The Regulated California Waters feature meteorological, wind, and atmospheric 

conditions peculiar to the local waters of California, and such conditions make it 

likely that emissions of diesel exhaust PM and NOx occurring within these waters are 

transported to coastal communities and adversely affect human health and welfare 

and the environment in such communities, thereby calling for special precautions to 

reduce these emissions; 

2. The emissions from diesel engines used on crew and supply, barge, and dredge 

vessels also contribute to regional air quality problems and to potential risk of cancer 

and noncancer health effects for residents living in communities near California’s 

major ports as well as further inland; 

3. Information acquired since 2007 indicates that the diesel PM emissions from crew 

and supply vessel engines are approximately 75 percent higher than estimated in 

the September 2007 Staff Report, and NOx emissions are approximately 60 percent 

higher than estimated in the September 2007 Staff Report; 

4. Emissions from the engines on crew and supply, barge, and dredge vessels 

represent a significant portion of the emissions from CHC vessels in Santa Barbara 

and Ventura County air pollution control districts;

5. The combined emissions from crew and supply, barge, and dredge vessels are 

estimated at 66 tons per year (tpy) of diesel PM and 1430 tpy of NOx; 

6. The proposed amendments are projected to reduce statewide emissions of diesel 

PM from crew and supply, barge, and dredge vessels by about 275 tons between 

2011 to 2025; 
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7. The proposed amendments are projected to reduce statewide emissions of NOx

from crew and supply, barge, and dredge vessels by about 3,475 tons, between 

2011 to 2025; 

8. The proposed amendments are projected to reduce 95 tons of PM and 600 tons of 

NOx from crew and supply vessels over the period 2011 through 2025 in Santa 

Barbara and Ventura County districts; in addition to the emissions resulting from the 

CHC regulation and are of greater significance to these two districts; 

9. The emissions reductions associated with the proposed amendments would result in 

lower ambient PM levels and reductions in the public’s exposure to diesel PM and 

NOx, which would result in corresponding reductions of potential cancer risk and 

premature deaths; 

10. The ARB and U.S. EPA Tier 2, Tier 3, interim Tier 4 and final Tier 4 off-road and 

nonroad compression-ignition engine emission standards, compliance requirements, 

and test procedures are necessary, appropriate, and technologically feasible to carry 

out the purposes of the state and federal clean air laws; 

11. The CHC regulation’s current exemption from the in-use engine emission 

requirements for auxiliary engines on barge and dredge vessels that are either 

registered with PERP or that were registered and permitted under local air district 

regulations before January 1, 2009 has led to compliance and enforcement issues 

because such engines can currently be subject to either the CHC regulation or the 

Portable Engine ATCM; 

12. The ARB and U.S. EPA Tier 2, Tier 3, interim Tier 4 and final Tier 4 off-road and 

nonroad compression-ignition engine emission standards, compliance requirements, 

and test procedures are, in the aggregate, at least as protective of public health and 

welfare as their corresponding U.S. EPA Tier 2, Tier 3, and Tier 4 marine engine 

emission standards, compliance requirements, and test procedures; 

13. The proposed amendments will provide needed consistency by subjecting auxiliary 

engines on CHC vessels, and auxiliary engines on barge and dredge vessels, to the 

requirements of the CHC regulation, regardless if they are registered in PERP or 

registered and permitted under local air district regulations; 

14. The amended regulation will likely have an overall negligible effect on global 

warming due to usage of newer, more fuel efficient engines; 

15. The amended regulation will be consistent with ARB’s environmental justice policy 

by reducing the health risks from diesel exhaust PM in all communities including 

those near major California ports as well as further inland, with low-income and 

minority populations regardless of location; 

16. The amended regulation will not have a significant adverse impact on the 

environment, but will instead result in environmental benefits; and 
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17. The amended regulation will conform to the requirements of the Emission Reduction 

Plan for Ports and Goods Movement. 

WHEREAS, the Board further finds, based on its independent judgment and analysis of 

the entire record before it, including the May 2010 Staff Report, written comments and 

public testimony it has received, that: 

1. In accordance with Health and Safety Code section 43013(b), the in-use emission 

limits and other requirements of the amended regulation are necessary, costeffective, and technologically feasible for diesel engines on crew and supply, barge, 

and dredge vessels within the time provided for compliance; 

2. The compliance schedules contained within the amended regulation that are 

applicable to crew and supply, barge, and dredge vessels are necessary, costeffective, and technologically feasible; 

3. The reduction of NOx emissions resulting from the amended regulation would also 

reduce the formation of secondarily-formed PM and ozone in the atmosphere; 

4. The added costs of the amended regulation have been analyzed as required by 

California law, and the analysis of these impacts, as set forth in the 

 May 2010 Staff Report, indicates that a total added cost incurred for all companies 

operating crew and supply, barge, and dredge vessels will be about $15 million over 

the life of the amended regulation between 2011 and 2022; 

5. The staff’s economic impact analysis for the proposed amendments shows that 

affected businesses will be able to absorb the costs of the proposed amended 

regulation with no significant statewide adverse impacts on their profitability, based 

on the projected reduction in return on owner’s equity (ROE), which has been 

estimated to be 0.95 percent for a typical crew and supply, barge, or dredge vessel 

operating company. 

6. The cost-effectiveness of the amended regulation is estimated at approximately 

$35 per pound of diesel exhaust PM reduced if all the costs of the regulation were 

attributed to diesel PM reductions; this is within the range of other measures recently 

adopted by the Board; 

7. No alternatives considered or that have otherwise been identified and brought to the 

attention of ARB would be more effective at carrying out the purpose for which the 

amended regulation is proposed, or be as effective, and less burdensome, to the 

affected businesses than the amended regulation; 

8. There are no feasible mitigation measures or alternatives that would further reduce 

any potential adverse environmental impacts, while at the same time ensuring that 

the long-term benefits of the program would be achieved; 
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9. The reporting requirements applicable to businesses in the amended regulation are 

necessary for the health, safety, and welfare of the people of the State; 

10. The benefits of the amended regulation to public health and welfare and the 

environment outweigh the costs of compliance, implementation, and enforcement; 

and 

11. The amended regulation approved herein poses a minimal risk of innocent 

noncompliance and does not affect crew and supply, barge, and dredge vessel 

operations outside of Regulated California Waters. 

WHEREAS, the Board further finds, in accordance with Health and Safety Code 

section 39650(e), that while absolute and undisputed scientific evidence may not be 

available to determine the exact risk from diesel exhaust PM from diesel engines on 

crew and supply, barge, and dredge vessels operating within the Regulated California 

Waters, it is necessary to take action to protect public health and that the maximum 

feasible emission reductions permitted by law should be obtained; 

WHEREAS, section 209(e)(2) of the federal Clean Air Act (CAA) requires that California 

seek authorization from U.S. EPA prior to enforcing emission standards or other 

requirements relating to the control of emissions from new and in-use nonroad engines 

(of which diesel marine engines are a subpart) not otherwise preempted by 

section 209 (e)(1); and 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves for adoption 

the proposed amendments to title 13, CCR section 2299.5 to title 17, CCR section 

93118.5 as set forth in Attachment A hereto, with the modifications shown in Attachment 

B hereto. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to adopt the 

approved regulation with such additional conforming modifications as may be 

appropriate, after making the modified regulatory language and any additional 

documents and information available for public comment for a period of at least 

15 days, provided that the Executive Officer shall consider any written comments 

regarding the modifications and any additional documents and information as may be 

submitted during this period, shall make further modifications as may be appropriate in 

light of the comments received or as necessary to ensure consistency with the 

modifications approved by the Board, and shall bring any proposed changes to the 

Board for further consideration if the Executive Officer determines that this is warranted. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to periodically 

review the test methods (test methods) and the California baseline (baseline) as shown 

in nautical charts published by the National Oceanic and Atmospheric Administration 

(NOAA charts) to determine if modifications to the test methods or definition of baseline 

incorporated by reference in the approved regulation are warranted. 
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BE IT FURTHER RESOLVED that, pursuant to sections 39515, 39516, 39600, and 

39601 of the Health and Safety Code, if modifications to the test methods or definition of 

baseline are warranted, the Board expressly delegates to the Executive Officer the 

authority to: (a) adopt regulatory amendments to the test methods, set forth in title 13, 

CCR, section 2299.5(j) and title 17, CCR, section 93118.5(j) and to the definition of 

baseline, set forth in title 13, CCR, section 2299.5(d)(10), and title 17, CCR, section 

93118.5(d)(10); (b) conduct public hearings; and (c) take other appropriate actions to 

make such amendments. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to conduct 

outreach efforts as soon as possible with the affected industry to ensure that vessel 

operators are aware of the requirements of the regulation. 

BE IT FURTHER RESOLVED that the Board directs the staff to work with affected local 

air districts and dredge operators to explore opportunities to achieve greater 

consistency between air districts when offsets are required under district authorization 

for dredge operation; 

BE IT FURTHER RESOLVED that the Board directs the staff to monitor the 

implementation of the regulation and to propose amendments for the Board’s 

consideration when warranted to resolve any implementation issues that may arise. 

BE IT FURTHER RESOLVED that the Board hereby determines, in accordance with 

section 209(e)(2) of the CAA, that to the extent the amended regulation affects nonroad 

engines as defined in CAA section 216(10) and (11), the emission standards and other 

requirements related to the control of emissions in the amended regulation are, in the 

aggregate, at least as protective of public health and welfare as applicable federal 

standards; California needs its nonroad emission standards to meet compelling and 

extraordinary conditions; and the standards and accompanying enforcement procedures 

approved herein are consistent with CAA section 209. 

I hereby certify that the above is a true and 

correct copy of Resolution 10-26, as adopted 

by the Air Resources Board. 

/s/ 

_____________________________________ 

Lori Andreoni, Clerk of the Board 
Resolution 10-26 

June 24, 2010 

Identification of Attachment to the Resolution

Attachment A: The Proposed Regulation Order for Diesel Engines on 

Commercial Harbor Craft Operated within California Waters 

and 24 Nautical Miles of the California Baseline, as set forth 

in Appendix A to the Staff Report (released May 2010). 

Attachment B: Staff's Suggested Modifications to the Original Proposal, 

presented at the June 24, 2010 Board hearing. 
ATTACHMENT B 

PUBLIC MEETING TO CONSIDER 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 

Staff’s Suggested Modifications to the Original Proposal

TO BE PRESENTED AT THE JUNE 24, 2010 HEARING 

OF THE AIR RESOURCES BOARD 

Shown below is the staff’s suggested modification to the originally proposed 

amendments to the regulatory text set forth in Attachment A to Resolution 10-26. Only 

those portions containing the suggested modifications are included. All proposed 

modifications will be made available to the public for a fifteen-day comment period prior 

to final adoption. 

Use of Certified Off-Road (Nonroad) Engines to Comply with In-use Standards for 

Propulsion Engines 

Staff is proposing to modify the proposed regulatory language to allow U.S. EPA/ARB 

certified offroad (nonroad) engines to be used to comply with the in-use emission 

standards for propulsion engines. The proposed regulation allows for certified offroad 

engines to be used to comply with the in-use emission standards for auxiliary engines. 

This proposed change would make the requirements for propulsion and auxiliary 

engines the same.