### Appendix D

Statewide Commercial Harbor Craft Survey

Final ReportD

- 1 

### State of California

Environmental Protection Agency

Air Resources Board



# Statewide Commercial Harbor Craft Survey

Final Report

Stationary Source Division

Emissions Assessment Branch

January 2004D

- 2 

## T ABLE OF 

## C ONTENTS

Contents Page

I. Introduction and Background

................................ ................................ .......................... 2

II. Vessel Information Survey Results

................................ ................................ ................ 3

A. Vessel Age

................................ ................................ ................................ ............. 5

B. Vessel Use

................................ ................................ ................................ ............. 6

C. Types of Fishing

................................ ................................ ................................ .... 7

D. Annual Fuel Use

................................ ................................ ................................ ... 8

E. Percent of Hours Operated at Var ious Distances off the California Coast

. 9

III. Propulsion/Auxiliary Engine Survey Results

................................ .............................. 10

A. Auxiliary Engine

................................ ................................ ................................ .. 10

B. Propulsion Engine

................................ ................................ .............................. 11

C. Horsepower and Model Year

................................ ................................ ............ 13

D. Hours of Operation

................................ ................................ ............................. 14

Figures and Tables

Table 1: Number of Vessels and the Asso ciated Home Port

................................ ........... 4

Table 2: Commercial Harbor Craft Use

................................ ................................ ............... 7

Table 3: Commercial Harbor Craft Fishing Type and Vessel Quantity

.......................... 7

Table 4: Annual Fuel Usage

................................ ................................ ................................ .. 8

Table 5: Quantity of Auxiliary Engines and Average Horsepower

................................ 10

Table 6: Quantity of Propulsion Engi nes and Average Horsepower

............................ 12

Table 7: Propulsion and Auxiliary Model Year and Horsepower Ranges

.................... 13

Figure 1: Vessel Age Range with Population Weighted Average Propulsion Engine

Age

................................ ................................ ................................ ............................. 5

Figure 2: Percent of Vessel Hours Operated at Varying Distances from Sh ore

............ 9

Figure 3: Harbor Craft Auxiliary Engine Manufacturers

................................ ................... 11

Figure 4: Harbor Craft Propulsion Engine Manufacturers

................................ ................ 12

Figure 5: Vessel and Engine Age Range with Population Weighted Average

............. 14

Figure 6: Average Engine Hours of Operation Per Year

................................ .................. 15

Figur e 7: Total Engine Hours of Operation Per Year

................................ ........................ 15

Appendix: Commercial Harbor Craft SurveyD

- 3

I. Introduction and Background

In December 2002, the Air Resources Board (ARB or Board) conducted the

Statewide Commercial Harbor Craft Survey (Commercial Harbor Craft Survey or

survey). The survey was intended to collect information about the various

commercial harbor craft operating in California's coastal waters, harbors, and ports.

The information was collected to help update the statewide emissions inventor y for

commercial marine vessels operating in the State. This report provides an overview

of the results from the survey. A copy of the survey is provided in the appendix.

Commercial harbor craft are vessels used for commercial purposes or to support

pub lic services. 1 There are several types of harbor craft including crew and supply

boats, charter fishing vessels, commercial fishing vessels, ferry/excursion vessels,

pilot vessels, towboat or push boats, tug boats and work boats. The Statewide

Commercial Harbor Craft survey requested vessel owners and operators to submit

the following information for each commercial harbor craft:

• Vessel name

• U.S. Coast Guard Documentation Number

• Home Port

• Vessel Age

• Vessel Use

• Type of Fishing, (If a fishing vessel)

• Annua l Fuel Usage

• Percent of Hours Operated Various Distances Off California Coast

• Auxiliary or Propulsion Engine

• Engine Placement (Port, Starboard, Center)

• Engine Make (manufacturer)

• Engine Model

• 2 or 4 Stroke Engine

• Model year

• Engine Horsepower

• Annual Hours o f Operation

• Estimated Fuel Usage (1999, 2000, 2001)

• Wet or Dry Exhaust (Propulsion Engine Only)

The survey was distributed to approximately 5,000 potential owners and operators.

The majority of the contacts were located in California with a small percent age being

out

- of

- state contacts. Addresses of potential harbor craft owners and operators were

obtained primarily from the U.S. Coast Guard and the California Department of Fish

and Game. 704 surveys were returned providing data on approximately 900 vess els

and over 1800 engines. In the following sections, the results for the survey are

presented including the types of vessels in use, engine specifications (i.e., make,

model, horsepower) and annual activity of the vessel.

1 The surv

ey did not collect information on recreational vessels or the larger oceangoing vessels

generally used to transport cargo.D

- 4

II. Vessel Information Survey Results

The respondents to the survey were requested to provide information on the vessels

that they owned or operated including the home port of each vessel, the primary use

for the vessel, the annual fuel usage and the percent of time the vessel is oper ated at

various distances off California's coast. Information for 909 vessels was collected in

the survey. Not all surveys had data entered for every data field. Blank data fields

were not included in average or population numbers in the survey summarie s.

The majority of the respondents, 66%, reported information for 1 vessel, 17%

reported owning or operating 2 to 5 vessels and 18% reported owning 6

- 20 vessels.

In this section the vessel information described above is summarized.

Table 1 provides a s ummary of the home ports for the vessels reported in the survey.

For the purpose of the survey, home port is defined on the survey as the principal

place for loading or unloading of passengers, or the loading or unloading of supplies,

and normally used fo r the overnight berthing of the vessel. In total there were 99

home ports identified. Several vessels were reported to have home ports outside of

California. Out of state ports included Honolulu, Seattle, and Portland. For these

vessels, follow

- up disc ussions with the vessel owners revealed that, in most cases,

these vessels spent only a few months out of the year in California waters.D

- 5 Table 1: Number of Vessels and the Associated Home Port

Home Port Number of Vessels

Reported

San Diego 86

San Francisco 64

Los Angeles 61

Bodega Bay; San Pedro 40

Moss Landing 37

Newport 35

Unknown 34

Long Beach; Fort Bragg 30

Santa Barbara 27

Crescent; Santa Cruz 24

Eureka 23

Monterey 22

Morro Bay 20

Half Moon Bay 18

Two Harbors, Catalina 17

Richmo nd; Port of San Luis 16

Channel Island 15

Pillar Point Harbor; Ventura 14

Alameda; Mission Bay; Sausalito 10

Sacramento 9

Port Hueneme; Redondo Beach 7

Dana Point; Marina del Rey 6

Brookings; Larkspur; Oxnard; Seattle, WA 5

Goleta; Honolulu, HI; Oa kland; Oceanside; Petaluma 4

Balboa Island; Berkeley; Emeryville; Humboldt Bay;

Point Arena; Port of Stockton; Rio Vista; Shelder Cove;

Terminal Island; Vallejo 3

Angel Island; Charlston; Coos Bay; Gold Beach;

Huntington Harbor; Marshall; McAvoy Har bor/Bay Point;

Portland, OR; San Leandaro; Spring Valley; Stockton;

Tomales Bay; West Sacramento; Westport; Wilmington 2

Albion; Arcata; Arona Cove; Astoria; Avalon; Bakersfield;

Bellingham; Carmel; Carpenteria; Chehalis; Chico; Costa Mesa;

Crockett Mari na; Dillon Beach; El Granada (Pillar Point Harbor);

Florence; Ilwaco; King Salmon

- Eureka; Lake Havasu;

Lake Tahoe; Martinez; Napa; Pinole; Point San Pablo Harbor;

Port Sonoma; Princeton by the Sea; Quilcene; Reedsport;

S. Lake Tahoe; Sequim; Sherman Is land; Steamboat Slough;

Winchester Bay; Zephyr Cove 1D

- 6

A. Vessel Age

The age of the vessels reported in the survey ranged from 99 years old to new 2002

vessels, with most vessel types having an average vessel age around 30 years. The

vessel age for comme rcial passenger fishing, ferry, crew and work boats were similar

with a population weighted average age of about 27 years. Commercial fishing and

tug boats tended to have slightly older vessels, with an average vessel age around

32 years. Tow boats were the oldest on average at 39 years. In Figure 1, this data is

summarized with the long vertical lines representing the vessel age range and the

square dots representing the weighted average vessel age.

Figure 1: Vessel Age Range with Population Weighte d

Average Vessel Age

0 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 0 100

CP Fish Ferry Tug C Fish Pilot Work Crew Tow

Vessel TypeVessel Age in YearsD

- 7

B. Vessel Use

The survey requested information on the primary use for each vessel. The following

types of uses were specified on the survey:

Commercial Fishing Vessels : Self

- propelled vessels dedicated to the search for, and

collection of, fish for the purpose of sale at market.

Commercial Passenger Fishing Vessels : Self

- propelled vessels for hire by the

general public (seven or more people) dedicated to the search for, and collection of,

fish for the purpose of personal c onsumption.

Crew and Supply Boats: Self

- propelled vessel used for carrying personnel and

supplies to and from off

- shore and in

- harbor locations (including, but not limited to,

off

- shore work platforms, construction sites, and other vessels).

Ferry/E xcursion Vessel: A vessel owned, controlled, operated, or managed for public

use in the transportation of persons or property, except rowboats, sailing boats,

barges under 20 tons dead weight carrying capacity, and vessels that are under the

burden of fiv

e tons net register and under 30 feet in length.

Pilot Vessels: Self

- propelled vessels used to guide ocean

- going vessels safely into

and out of a port or harbor.

Towboat/Push Boats: Self

- propelled vessel designed to tow/push barges and

pontoons. T he hull is usually rectangular in plan and has little freeboard (the portion

of the side of a hull that is above the water).

Tug Boats : Self

- propelled vessel for the towing (and pushing) of ships or other

floating structures such as barges in ports/harb ors.

Work Boats: Self

- propelled vessel that performs duties such as fire/rescue, law

enforcement, hydrographic surveys, spill/response, research, training, and

construction (including drilling) vessels.

Other: Any vessel use that does not fit with t he categories identified above.

As shown in Table 2, commercial fishing and commercial passenger fishing vessels

are the most commonly reported use for the vessels with approximately 595 or 62%

of the vessels reporting these uses. Ferry or excursion ve ssels accounted for 9% of

the vessels and tugboats, about 8%.

There are 67 vessels reported as "other." Vessels in the other category included

vessels used for a variety of uses: excursion/dinner cruises, diving, and sailing boats.D

- 8 Table 2: Comme rcial Harbor Craft Use

Vessel Use Quantity Vessels Percent of Total

Commercial Fishing

Boats 488 51%

Commercial Passenger

Fishing Boats 107 11%

Ferry/Excursion Boats 87 9%

Tug Boats 78 8%

Work Boats 70 7%

Other 67 7%

Tow Boats 22 2%

Crew Boats 21 2%

Pilot Boats 9 1%

C. Types of Fishing

For fishing vessels the survey also requested the respondent to identify what type of

fishing is typically done with the vessel. Table 3 lists vessel types and fishing types.

The survey identified eight common ty pes of fishing techniques used by the

commercial fishing fleet: drift gill netting (DG net), rakes

- air lifts, trolling, set gill

netting (SG net), trawling, purse seine, trapping and other.

Table 3: Commercial Harbor Craft Fishing Type and Vessel Quant ity 2

Fishing Vessel Type Fishing Type # of Vessels Percent of Total

Trolling 316 66 %

Trapping 133 28 %

Other 116 24 %

Trawling 45 9 %

SG Net 29 6 %

Purse Sine 28 6 %

DG Net 18 4 % Commercial Fishing

Boats

Rakes

- air lifts 3 1 %

Other 36 34 %

Trolling 27 25 % Commer cial

Passenger Fishing

Boats Trapping 1 1%

2 A single vessel may have reported more than one type of fishing therefore the total number of

vessels reported in Table 3 will exc eed those in Table 2.D

- 9

D. Annual Fuel Use

The survey requested vessel owners/operators to report the annual fuel used for

each vessel for the years 1999 through 2001. Table 4 lists the annual fu el used (in

gallons) by specific harbor craft. In each case, the annual fuel listed is the combined

usage for propulsion and auxiliary engines. Tug boats had the largest reported fuel

usage with approximately 5, 374,440 gallons used on average for the ye ars 1999

through 2001. Overall, there was approximately a 21 percent increase in the amount

of fuel over the years 1999 to 2001. 3

Table 4: Annual Fuel Usage (gallons/year)

Vessel Type 1999 2000 2001 3 Year Average

Tug Boats 4,298,616 5,767,290 6,057, 414 5,374,440

Ferry/Excursion Boats 4,577,713 4,690,666 5,483,619 4,917,333

Commercial Fishing

Boats 2,368,236 2,460,528 2,457,169 2,428,644

Tow Boats 1,927,041 1,948,787 2,013,727 1,963,185

Commercial

Passenger Fishing

Boats 1,260,409 1,411,427 1,565, 839 1,412,558

Crew Boats 676,404 832,137 894,812 801,118

Work Boats 678,078 630,888 672,449 660,472

Pilot Boats 199,726 199,970 200,105 199,934

Total 15,986,223 17,941,693 19,345,134 17,757,683

3 The survey collected data on the total annual fuel usege (Form B) per vessel and the annual fuel use

per engine (Form C). In most cases the total annual fuel useage and annual fuel per engine agreed

within an average 14%. However , the differences were higher in ferries, tugs, and commercial fishing

due to many reporting only total annual fuel useage. Total annual fuel useage had a better response

overall so that was reported.D

- 10

E. Percent of Hours Operated at Various Distances off t he California

Coast

The Commercial Harbor Craft Survey requested vessel owners provide the percent of

hours operated at various distances off the California coast. The options were harbor

operations, 0

- 25 miles, 26

- 50, 51

- 75, 76

- 100 or greater than 100 m iles from the

California shore. The survey results are presented in Figure 2. Overall, the data

demonstrated that, for the majority of the time, most commercial harbor craft operate

within 25 miles of the California coast.

For example, commercial pass enger fishing vessels reported spending over 50% of

the hours of operation at distances 0

- 25 miles from shore. The hours operated

further off shore steadily declined with distance. Nineteen percent of hours were

spent at 26

- 50 miles off shore and less th an 1% at 76

- 100 miles. Ferries, in

comparison, operate 65% of the time in the harbor area and 30% in the 0

- 25 mile

zone.

Figure 2: Percent of Vessel Hours Operated at Varying Distances from Shore

0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0

CP Fish Ferry Tug C Fish Pilot Work Crew Tow

Vessel Type and Distance From Shore% Time from Shore

Harbor

0-25

25-50

50-75

76-100

100+D

- 11

III. Propulsion/Auxiliary Engine Survey Result s

For each vessel, the survey requested information on the number, type, and annual

activity of auxiliary and propulsion engines. Data for 1241 propulsion engines and

586 auxiliary engines was submitted. In this section summaries are provided of the

inf ormation received on the vessel engine.

A. Auxiliary Engines

Auxiliary engines are used to power various equipment on

- board such as electrical

lights, refrigeration units and radios. Of the vessels reported in the survey, 40% or

375 reported having auxil iary engines. For those vessels with auxiliary engines, 56%

reported having 1 auxiliary engine. Approximately 38% reported having two auxiliary

engines and five percent reported having three to five auxiliary engines. Data

provided on auxiliary engines include make and model, model year, horsepower

data, annual hours of operation and annual fuel usage. As shown in Table 5, the

horsepower range for auxiliary engines ranged from 6 to 400 horsepower with an

overall average of about 75 horsepower.

Table 5: Quantity of Auxiliary Engines and Average Horsepower

Horsepower Vessel Category # Auxiliary Engines Range Average

Commercial Fishing

Boats 212 6

- 300 71

Tug Boats 120 7

- 300 111

Ferry Boats 98 10

- 400 94

Commercial

Passenger Fishing

Boats 82 4

- 185 50

Other 34 10

- 240 56

Work Boats 26 9

- 221 101

Crew Boats 22 16

- 110 79

Tow Boats 21 18

- 175 79

Pilot Boats 1 N/A 30

As shown in Figure 3, the most prominent engine manufacturer of vessel auxiliary

engines from the survey was Detroit Di esel comprising 22% percent of the engines.

Other more common manufacturers were Isuzu, Northern Lights, Caterpillar, and

John Deere. Included in the other category were 27 different manufacturers such as,

Honda, Kubota, and Thermo King. It is possible that some survey respondents may

have included the name of the manufacturer of the piece of equipment powered by

the diesel engine as opposed to the actual manufacturer of the engine.D

- 12 Figure 3: Harbor Craft Auxiliary Engine Manufacturers

B. Propulsion Engines

The majority of the vessels had one propulsion engine. 63% of the vessels reported

having one propulsion engine, 33% had two propulsion engines, and about 3% had

three or more engines. Data provided on propulsion engines included make and

model, model year, horsepower data, annual hours of operation, and annual fuel

usage. As shown in Table 6, the reported horsepower for the propulsion engines

ranged from 8 to 3,600 horsepower with an overall average of about 500

horsepower. Tug boats tended to have larger engines with an average of over 1,200

horsepower.

0 20 40 60 80 100 120

Detroit Diesel Isuzu

Northern Lights Caterpillar John Deere G.M. Onan Cummins Yanmar Perkin Kubota Other

Engine ManufacturerNumber of EnginesD

- 13 0 50 100 150 200 250 300 350 400 450

Detriot

Diesel Caterpillar Cummins Volvo GM EMD Mercury MTU Other

Engine ManufacturerNumber of Engines Table 6: Quantity of Propulsion Engines and Average Horsepower

Horsepower Vessel Category # Propulsion

Engines Range Average

Commercial Fishing

Boats 516 8

– 1,485 230

Commercial

Passen ger Fishing

Boats 192 80

– 1,400 381

Ferry Boats 164 35

– 3,110 733

Tug Boats 144 24

– 3,600 1,274

Work Boats 99 15

– 1,300 239

Other 89 28

- 764 281

Crew Boats 50 225

- 750 439

Tow Boats 38 24

– 1,500 500

Pilot Boats 15 230

- 550 408

The most pr ominent engine manufacturer of vessel propulsion engines from the

survey was Detroit Diesel comprising 34 percent of the engines. Figure 4 illustrates

other common manufacturers to be Caterpillar, Cummins and Volvo. Included in the

other category were 34 different manufacturers such as Bray Marine, International,

and Deutz. It is possible that some survey respondents may have included the

engine name other than the actual engine manufacturer, such as a vessel

manufacturer.

Figure 4: Harbor Craft Propul sion Engine ManufacturersD

- 14

The respondents to the survey were requested to provide information on whether the

vessels propulsion exhaust was wet or dry. Wet exhaust is exhaust that exits the

engine under the water, whereas, dry exhaust is emitted into t he air, above water.

Fifty

- two percent of the propulsion engines were reported as having dry exhaust and

forty

- six percent wet exhaust. The remaining two percent of the vessels did not have

the exhaust type specified.

C. Horsepower and Model Year

Table 7 listed below shows the survey population for associated model years and

horsepower ranges for propulsion engines and auxiliary engines. For both

propulsion and auxiliary engines, about 80% were 1970 or newer models. About

10% were pre

- 1970 model years and roughly 10% did not indicate the engine age.

Table 7: Propulsion and Auxiliary Model Years and Horsepower Ranges 4

Propulsion Engines

Horsepower Range

Model Year

No HP Data < 50 51

- 75 76

- 100 101

- 175 176

- 250 251

- 500 501

- 750 > 751 Total

No Age Data 5 5 9 14 31 20 0 4 88

1905

- 1939 0 0 1 1 1 0 0 0 0 3

1940

- 1949 1 1 3 2 12 3 5 0 0 27

1950

- 1959 1 0 3 6 7 4 11 2 1 35

1960

- 1969 0 4 2 8 4 12 29 6 5 70

1970

- 1979 3 4 4 16 34 65 86 16 18 246

1980

- 1989 5 8 6 14 35 44 73 21 28 23 4

1990

- 1999 1 14 11 7 26 46 101 23 46 275

2000

- 2002 2 6 14 7 16 26 88 26 48 233

Total 13 42 49 70 149 231 413 94 150

Auxiliary Engines

Horsepower Range Model Year

No HP Data < 50 51

- 75 76

- 100 101

- 175 176

- 250 251

- 500 501

- 750 > 751 Total

No Age Data 19 7 4 9 10 0 0 0 49

1905

- 1939 0 1 0 0 0 0 0 0 0 1

1940

- 1949 1 1 1 0 0 1 0 0 0 4

1950

- 1959 0 3 5 1 0 0 2 0 0 11

1960

- 1969 0 5 11 4 4 0 0 0 0 24

1970

- 1979 3 27 17 30 13 5 0 0 0 95

1980

- 1989 6 36 17 16 25 12 1 0 0 113

1990

- 1999 19 64 17 19 33 6 3 0 0 161

2000

- 2002 19 34 7 16 12 5 1 0 0 94

Total 48 190 82 90 96 39 7 0 0

4 The totals in this table do not match the total num ber of engines reported in the survey since about

140 engines did not have the age or horsepower reported.D

- 15

Figure 5 provides a graphical representation of the vessel and engine model year

range and average model year reported for each vessel type. In Figure 5, the long

bar indicates the range model year reported for the vessel (V), propulsion engine (P)

or auxiliary engine (A) and the rectangular box the population weighted vessel or

engine average model year for the specified category. Whil e most categories had a

fairly large range in model years reported, overall, the average age for vessels was

about 30 years old and the engine average was fairly new, 1980 and newer model

years.

Figure 5: Vessel and Engine Age Range with Population W eighted Average

V = vessel

P = propulsion engine

A = auxiliary engine

D. Hours of Operation

Figure 6 provides information on the average number of hours of operation per year

for propulsion and auxiliary engines by vessel type. With respect to pr opulsion

engine operation, on average, tug boats, commercial fishing boats, and tow boats

operated the most hours averaging approximately 2,000 hours per year. Crew boats

and work boats had the lowest average hours of operation reported, at less than

1,00 0 hours per year. For auxiliary engines, with the exception of ferries and pilots

boats, they operated for more hours on a yearly basis than the propulsion engines. 1900 1920 1940 1960 1980 2000CP Fish VCP Fish PCP Fish AFerry VFerry PFerry ATug VTug PTug AC Fish VC Fish PC Fish APilot VPilot PPilot AWork VWork PWork ACrew VCrew PCrew ATow VTow PTow A

Vessel and Engine TypeAge Range and YearD

- 16 Figure 6: Average Engine Hours of Operation Per Year

For all vessels, the total co mbined hours of operation for the propulsion engines was

1,668,000 hours and for auxiliary engines, 975,000 hours. As shown in Figure 7,

commercial fishing boats reported the highest number of combined hours of

operation for the propulsion engines at over 550,000 hours annually. Combined, the

hours of operation of the propulsion engines for commercial fishing, commercial

passenger fishing, ferries, and tug boats accounted for over 88% of the total hours

reported. Similarly the hours of operation of the a uxiliary in these same vessel

categories accounted for 85% of the total hours of operation for auxiliary engines

reported in the survey.

0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000

Tug Ferry CP Fish Pilot C Fish Tow Work Crew

Vessel TypeHours

Auxiliary

PropulsionD

- 17 0 100,000 200,000 300,000 400,000 500,000 600,000

C Fish CP Fish Ferry Tug Work Crew Tow Pilot

Vessel TypesHours

Auxiliary

Propulsion Figure 7: Total Engine Hours of Operation Per YearD

- 18



# Commercial Harbor Craft Survey



# Commercial

Harbor Craft

RETURN DATE: February 14, 2003



## California Environmental Protection Agency



# Air Resources BoardTABLE OF CONTENTS

D

- 19 THIS PACKET CONTAINS:

Page

I. Survey Forms I

- 2

II. Survey Overview and Instructions II

- 2

III. Supporting Attachments

A) Sample Forms III

- 2

B) Confidential Information Submittal Form III

- 5

C) Electronic Data Submittal Form III

- 6

D) Excerpts from the California Code of Regulations III

- 7

pertaining to the handling of confid ential information:

Title 17, California Code of Regulations,

Sections 91000 to 91100

IF YOUR PACKET IS MISSING ANY ITEMS LISTED ABOVE, PLEASE CONTACT:

Mr. Kirk Rosenkranz at (916) 327

- 7843 or krosenkr@arb.ca.gov

Facsimile number (916) 3 27

- 6251D

- 20



# Survey Forms

(these are the forms you will return to the California

Air Resources Board)2002 Commercial Harbor Craft Survey Page _____ of _____

PART I: SURVEY FORMS



### Form A: Owner/Operator Information

D

- 21 Please complete the “Owner/Operator” Information Only Once

Owner/Operator: check one: Owner?

Address: Operator?

City/State: Owner/Operator?

ZIP Code:

Contact Name (and title): Confidential?

Pho ne Number: (yes or no) Note 1

E

- mail Address:

Please Identify the Vessels for Which You Are Providing Survey Information:

Vessel Name U.S. Coast Guard Documentation Number

Note 1: If you want your information to be held confidential, please complete the Confidentiality Form (found in Part III.B. of this Survey)2002 Commercial Harbor Craft Survey Page _____ of _____

PART I: SURVEY FORMS



### Form B: Vess el Information

D

- 22 Please complete one form for each vessel (Note 1) :

1) Vessel Name:

2) Home Port (Note 2) :

3) Vessel Age:

4) Please indicate the use for the vessel listed on line “1)”:

Vessel Use: Commercial Passenger Fishing Commercial Fishing Crew and supply boat

Ferry/Excursion Pilot Towboat/Push boat

Tug Boat Work Boat Other (specify)

4a) If a Fishing Vessel, type of fishing done:

Drift gill netting Set gill netting Purse seine

Rakes, air lifts Trawling Trapping

Trolling Other (please specify)

5) Total Annual Fuel Us age: 1999: 2000: 2001:

6) Percent of Hours Operated at Various Distances Off California’s Coast Harbor Operations Only %

0

– 25 miles %

26

– 50 miles %

51

– 75 miles %

76

– 100 miles %

greater than 100 miles %

Note 1: If you have more than one vessel to report and need additional forms, please contact Kirk Rosenkranz (contact information on Page II

- 3

of Part II, “Survey Overview and Instructions”).

Note 2: The “home port” is the principal place for embarkation or debarkation of passengers, or the loading or unloading of supplies, and is normally used

for the overnight berthing of the vessel.2002 Commercial Harbor Craft Survey Page _____ of _____

PART I: SURVEY FORMS



### Form C: Propulsion/Auxiliary Engine Information

D

- 23 Vessel Name:

Propulsion/Auxiliary Engines (one form per vessel) (Note 1)

Estimated Annual Fuel Usage

(ga llons)

Note 4EngineNumberPropulsion (P)or Auxiliary (A)PlacementNote 2

Make and ModelRepowerNote 3

Model

YearHorsepower

2 or 4

stroke Annual

Hours of

Operation 1999 2000 2001 Propulsion

Engines Only

- Engine

Exhaust:

Wet or Dry

Note 5

1

2

3

4

5

6

7

Note 1: For additional forms, please contact Kirk Rosenkranz (contact information on Page I I

- 3 of Part II, “Survey Overview and Instructions”).

Note 2: For propulsion engines only

– Is the engine on the port side (P), the starboard side (S), or in the center (C)?

Note 3: Was the engine a repower that was funded in full or in part with monies fro m a State or local air quality program (such as Carl Moyer)?

Note 4: If you are unable to provide fuel usage information by engine, please leave these spaces blank. The ARB will use an alternative method to estimate.

Note 5: “Wet Exhaust” is released at or below the waterline and “Dry Exhaust” is released to the air.D

- 24



# Survey Overview

and Instructions2002 Commercial Harbor Craft Survey

PART II: SURVEY OVERVIEW AND INSTRUCTION S

D

- 25 

### SURVEY OVERVIEW

The Air Resources Board’s (ARB) commercial harbor craft survey is intended to

collect information about the vario us commercial harbor craft operating in California’s

coastal waters, harbors, and ports. This information is being collected to help update

the emissions inventory for commercial marine vessels operating in the State.

Below, we have provided information about the Survey in a question and answer

format.

What is the ARB’s authority to conduct this Survey?

This request for information is made pursuant to sections 39600, 39607, 39665,

39701, and 41511 of the California Health and Safety Code and section 91 100,

Title 17 of the California Code of Regulations. These sections authorize the ARB to

require the submission of information needed by the ARB to estimate atmospheric

emissions and carry out its other statutory responsibilities.

Why is the Survey nec essary?

The ARB maintains a statewide emissions inventory for all sources of air emissions

such as cars, trucks, marine vessels, construction equipment, industrial facilities, and

architectural coatings. The ARB’s emission inventory is regularly updated to reflect

the most up

- to

- date emission information, including results of surveys such as this

one.

The commercial harbor craft component in the emissions inventory has not been

updated on a statewide basis for more than 10 years. It is necessary for us to gather

information about the current in

- use fleets in California. That way, we can reflect

current fleet populations and provide a more accurate estimate of emissions in the

emissions inventory for commercial harbor craft.

Who should complete the Surv ey form?

All owners/operators of commercial harbor craft that are operated in California are

being asked to complete the Survey.

Do I have to complete the Survey?

Yes. State law requires that you provide the requested information by completing

and retu rning the Survey. If the Survey does not apply to you, please state in the

Survey why it does not apply to you and return it to the address indicated.

What information needs to be provided in the Survey?

The Survey requests specific information about ea ch vessel. This includes

information like who owns or operates the vessel, how the vessel is used, and where

its home port is. The Survey also requests information on the propulsion and2002 Commercial Harbor Craft Survey

PART II: SURVEY OVERVIEW AND INSTRUCTION S

D

- 26 auxiliary engines on the vessel, including the make and model, the horsepower, and

the engine’s age. Information on the typical operating parameters is also requested,

including the annual hours of operation, how far offshore the vessel is operated, and

an estimate of annual fuel usage.

If the Survey information is cla imed as confidential, how will it be treated?

The ARB has adopted regulations to protect the confidentiality of trade secrets

(Title 17, CCR, sections 91000 to 91022). A summary of ARB's confidentiality

regulations can be found in Part II of the Survey o n the “Confidential Information

Submittal Form.” You should fill out this form if you wish to designate any Survey

information as confidential.

When do I need to return the Survey, and where do I send it?

Please return the Survey by February 14, 2003 to :

California Air Resources Board

Attn: Kirk Rosenkranz

Stationary Source Division

P.O. Box 2815

Sacramento, CA 95812

- 2815

CONFIDENTIAL MATERIALS ENCLOSED (if that’s the case)

In an effort to simplify and streamline the data gathering process, we have made the

Survey forms available electronically. If you prefer to submit the Survey forms

electronically, please see the Electronic Submittal Form in Part II for the information

about how to obtain a diskette (or download the Survey from

the Inte rnet). To access the Survey on our website, go to:

http://www.arb.ca.gov/diesel/documents/harborcraft.htm

Who can I call if I have questions about the Survey?

If you have any ques tions, please contact the following staff person:

Kirk Rosenkranz (916) 327

- 7843 krosenkr@arb.ca.gov2002 Commercial Harbor Craft Survey

PART II: SURVEY OVERVIEW AND INSTRUCTIONS

D

- 27 

### SURVEY INSTRUCTIONS

Before you begin filling out the Survey form, please read the instructions carefully.

In cluded for your assistance are sample forms.

THE SURVEY FORM

Explanations for each Survey data field are provided below. If you own and/or

operate more than one vessel, we need the owner/operator information (Part A)

once . Please complete the vessel in formation (Part B) and engine information

(Part C) for each vessel you own/operate. If you need additional forms, those can be

downloaded from the website listed above. If that method is unavailable to you,

please contact Kirk Rosenkranz at (916) 327

- 784 3, and he will work with you to make

arrangements to get additional forms to you.



### Survey Data Fields

Form A: Owner/Operator Information

Owner/Operator: Please enter the name of the owner/operator of the vessel(s).

“Owner,” “Operator,” and “Owner/Op erator”: Please place a mark (an “X” or a

check mark) on the appropriate line indicating whether you own the vessel, operate

the vessel, or own and operate the vessel.

Confidential: Please indicate as to whether or not you would like the ARB to treat

y our information as confidential information. If you designate information as

confidential, you also need to fill out the confidential information submittal form and

return that to the ARB with your Survey.

Address/City/State/ZIP Code: Mailing address, c ity, state, and ZIP code of

company. Also, if the vessel is harbored elsewhere, please provide the address of

the vessel.

Contact Name (and title): Enter the name and title of the person to be contacted by

the ARB if we have questions about the informat ion provided.

Phone Number: Enter the phone number of the contact person.

E

- mail Address: Enter the e

- mail address of the contact person, if available.

Vessel Name: Enter the name of each vessel you own/operate.2002 Commercial Harbor Craft Survey

PART II: SURVEY OVERVIEW AND INSTRUCTIONS

D

- 28 U.S. Coast Guard Documentation Nu mber: Please enter the U.S. Coast Guard

documentation number assigned your vessel(s). If your vessel(s are) is not

documented with the U.S. Coast Guard, please provide the agency the vessel is

documented with and the identification number assigned.



# Form B: Vessel Information

(As a reminder, for the purposes of this Survey, “commercial harbor craft” are defined

as vessels used for commercial purposes or to support public services. We have

categorized commercial harbor craft into a number of categories, including Crew and

Supply Boats, Charter Fishing Vessels, Commercial Fishing Vessels, Ferry/Excursion

Vessels, Pilot Vessels, Towboat/Push Boats, Tug Boats, and Work Boats. Additional

information about these categories is found below. Typically, harbor craft have one

or more engines, with individual engines generally rated between 50 and 6,500

horsepower. We are not collecting information for recreational vessels that are used

solely for one’s personal use.)

Vessel Name: Enter the vessel name for w hich the data is being provided.

Home Port: Enter the vessel’s home port. A vessel’s home port is the principal

place for embarkation or debarkation of passengers, or the loading or unloading of

supplies, and is normally used for the overnight berthing of the vessel.

Vessel Age: Enter the age of the vessel.

Vessel Use: Please select the most appropriate type of commercial harbor craft

from the seven types of harbor craft shown on the form. If there is more than one

vessel for which you are providi ng information, please use additional forms.

Descriptions of the different types are as follows:

Commercial Fishing Vessels: self

- propelled vessels dedicated to the search for, and collection of, fish

for the purpose of sale at market.

Commercial Passe nger Fishing Vessels: self

- propelled vessels for hire by the general public (seven

or more people) dedicated to the search for, and collection of, fish for the purpose of personal

consumption.

Crew and Supply Boats: self

- propelled vessel used for carryi ng personnel and supplies to and from

off

- shore and in

- harbor locations (including, but not limited to, off

- shore work platforms, construction

sites, and other vessels).

Ferry/Excursion Vessel: a vessel owned, controlled, operated, or managed for public use in the

transportation of persons or property, except rowboats, sailing boats, barges under 20 tons dead weight

carrying capacity, and vessels that are under the burden of five tons net register and under 30 feet in

length.

Pilot vessels: self

- propel led vessels used to guide ocean

- going vessels safely into and out of a port or

harbor.2002 Commercial Harbor Craft Survey

PART II: SURVEY OVERVIEW AND INSTRUCTIONS

D

- 29 Towboat/Push boat:

self

- propelled vessel designed to tow/push barges and pontoons. The hull is

usually rectangular in plan and has little freeboard (the portion of the side of a hull that is above the

water).

Tug boats: self

- propelled vessel for the towing (and pushing) of ships or other floating structures such

as barges in ports/harbors.

Work boats: self

- propelled vessel that performs duties such as fire/rescue, l aw enforcement,

hydrographic surveys, spill/response, research, training, and construction (including drilling) vessels.

If a Fishing Vessel, type of fishing done: If you select one of the fishing vessel

types as the type of harbor craft you own and/o r operate, please select the most

appropriate type of fishing you do.

Total Annual Fuel Usage: Please provide an estimate of the total annual fuel use

for 1999, 2000, and 2001 for the vessel identified in Item #1.

Percent Hours Operated At Distance Off California’s Coast: Please enter your

best estimate of the percentage of total hours of operation spent in the ranges of

distances shown.



### Form C: Propulsion/Auxiliary Engine Information

Vessel Name: Enter the vessel name for which the data is being pr ovided.

Engine #: Please assign each engine a number in numeric order.

Propulsion (P) or Auxiliary (A): Please designate whether the engine you are

providing information for is a propulsion engine or an auxiliary engine.

Placement: For propulsion en gines only, please indicate if the engine is located on

the port side (p), the starboard side (s), or in the center (c).

Make and Model: Please provide the name of the manufacturer and the model

number of each propulsion engine on the vessel. If there i s more than one engine of

the same type on the vessel, you can indicate that as follows:

If you have two engines of the same make, model, horsepower, and age, you

would write “x2” next to the make and model information

Repower: Please indicate whether o r not the engine listed is a repower that was

funded in full or in part with monies from a state or local air quality program (such as

Carl Moyer).

Model Year: Please provide the model year of the engine. If the engine is a

repower, please provide whe n the repower was completed, whether it was a part of a

State or local repower program, and the name of the program.2002 Commercial Harbor Craft Survey

PART II: SURVEY OVERVIEW AND INSTRUCTIONS

D

- 30 Horsepower: Please provide the horsepower of the engine.

2 stroke or 4 stroke: Please indicate if the engine is 2

- stroke or 4

- stroke.

Annual Hours of Engine Operation: Please enter the estimated hours of operation

for each engine.

Estimated Annual Fuel Usage (last three years): Please provide an estimate of

the annual fuel use for each engine for 1999, 2000, and 2001. If you are una ble to

allocate the fuel use by engine type, please leave these spaces blank. The ARB will

use an alternative method to estimate these values.

Engine Exhaust

- Wet or Dry: For propulsion engines only, please identify whether

the engine exhaust from you r vessel is wet (at or below the waterline) or dry (to the

air).D

- 31



# Part III

Supporting Attachments

A) Sample Forms

B) Confidential Information Submittal Form

C) Electronic Data Submittal Form

D) Excerpts from the California Code of Regulations pert aining to the handling

of confidential information:

Title 17, California Code of Regulations,

Sections 91000 to 911002002 Commercial Harbor Craft Survey Page __1__ of __3__

PART III: SUPPORTING ATTACHMENTS



### Sample Form A: Owner/Operator Information

D

- 32 Please complete the “Owner/Operator” Information Only Once

Owner/Operator: Alan Torqueson check one: Owner?

Address: 1234 Main Street Operator?

City/State: Every ville, CA Owner/Operator? X

ZIP Code: 99999

Contact Name (and title): same Confidential? no

Phone Number: (916) 555

- 5555 (yes or no) Note 1

E

- mail Address: atorques@fishingman.com

Please Identify the Vessels for Which You Are Providing Survey Information:

Vessel Name U.S. Coast Guard Documentation Number

Glorious Day VN99999999

Note 1: If you want your information to be held confidential, please complete the Confidentiality Form (found in Part III.B. of this Survey)2002 Commercial Harbor Craft Survey Page __2__ of __3__

PART III: SUPPORTING ATTACHMENTS



### Sample Form B: 

## Vessel Information

D

- 33 Please complete one form for each vessel (Note 1) :

1) Vessel Name: Glo rious Day

2) Home Port (Note 2) : Every Port, CA.

3) Vessel Age: 22 years

4) Please indicate the use for the vessel listed on line “1)”:

Vessel Use: Commercial Passenger Fishing Commercial Fishing X Crew an d supply boat

Ferry/Excursion Pilot Towboat/Push boat

Tug Boat Work Boat Other (specify)

4a) If a Fishing Vessel, type of fishing done:

Drift gill netting Set gill netting Purse seine

Rakes, air lifts Trawling X Trapping

Trolling Other (please specify )

5) Total Annual Fuel Usage: 1999: 34,750 2000: 37,350 2001: 37,075

6) Percent of Hours Operated at Various Distances Off California’s Coast Harbor Operations Only 5

0

– 25 mi les 10

26

– 50 miles 55

51

– 75 miles 30

76

– 100 miles

greater than 100 miles

Note 1: If you have more than one vessel to report and need additional forms, please contact Kirk Rosenkranz (contact information on Page II

- 3 of Part II, “Survey Overview and

Instructions”).

Note 2: The “home p ort” is the principal place for embarkation or debarkation of passengers, or the loading or unloading of supplies, and is normally used for the overnight berthing of

the vessel.2002 Commercial Harbor Craft Survey Page __3__ of __3__

PART III: SUPPORTING ATTACHMENTS



### Sample Form C: 

## Propulsion/Auxiliary Engine Information

D

- 34 Vessel Name: Glorious Day

Propulsion/Auxiliary Engines (one form per vessel) (Note 1)

Estimated Annual Fuel Usage

(gallons)

Note 4EngineNumberPropulsion (P)or Auxiliary (A)PlacementNote 2

Make and ModelRepowerNote 3

Model

YearHorsepower

2 or 4

stroke Annual

Hours of

Operation 1999 2000 2001 Propulsion

Engines Only

- Engine

E xhaust:

Wet or Dry

Note 5

1

P Detroit Diesel 12V

- 71TA no 1982 580 2 3,500 32,500 35,250 34,900 dry

2

A Detroit Diesel 3

- 71N no 1982 62 2 1,000 2,250 2,100 2,175 dry

3

4

5

6

7

Note 1: For additional forms, please contact Kirk Rosenkranz (contact information on Page II

- 3 of Part II, “Survey Overview and Instructions”).

Note 2: For propulsion engines only

– Is the engine on the port side (P), the starboard side (S), or in the center (C)?

Note 3: Was the engine a repower that was funded in full or in part with monies from a State or local air quality program (such as Carl Moyer)?

Note 4: If you are unable to provide fuel usage information by engine, please leave these spaces blank. The ARB will use an alternative method to estimate.

Note 5: “Wet Exhaust” is released at or below the waterline and “Dry Exhaust” is released to the air.2002 Commercial Harbor Craft Survey

PART III: SUPPORTING ATTACHMENTS

D

- 35 CONFIDENTIAL INFORMATION SUBMITTAL FORM

If you wish to designate any information cont ained in your survey data as CONFIDENTIAL

INFORMATION , please provide the information requested below and return it with your

completed Survey form.

In accordance with Title 17, California Code of Regulations (CCR), Sections 91000 to

91022, and the Califo rnia Public Records Act (Government Code Section 6250 et seq.),

the information that a company provides to the Air Resources Board (ARB) may be

released (1) to the public upon request, except trade secrets which are not emissions

data or other information which is exempt from disclosure or the disclosure of which is

prohibited by law, and 2) to the Federal Environmental Protection Agency, which

protects trade secrets as provided in Section 114(c) of the Clean Air Act and

amendments thereto (42 USC 7401 et s eq.) and in federal regulation, and 3) to other

public agencies provided that those agencies preserve the protections afforded

information which is identified as a trade secret, or otherwise exempt from disclosure by

law (Section 39660(e)).

Trade Secrets as defined in Government Code 6254.7 are not public records and therefore will

not be released to the public. However, the California Public Records Act provides that air

pollution emission data are always public records, even if the data comes within the definition of

trade secrets. On the other hand, the information used to calculate information is trade secret.

If any company believes that any of the information it may provide is a trade secret or otherwise

exempt from disclosure under any provision o f law, it must identify the confidential

information as such at the time of submission to the ARB and must provide the name,

address, and telephone number of the individual to be consulted , if the ARB receives a

request for disclosure or seeks to disclose the data claimed to be confidential. The ARB may

ask the company to provide documentation of its claim of trade secret or exemption at a later

date. Data identified as confidential will not be disclosed unless the ARB determines, in

accordance with the a bove referenced regulations, that the data do not qualify for a legal

exemption from disclosure. The regulations establish substantial safeguards before any such

disclosure.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -

In accordance with the provisions of Title 17, California Code of Regulations, Sections 91000 to

91022, and the California Public Records Act (Government Code Sections 6250 et seq.)

Company Name: declares that all the

information submitted in response to the California Air Resources Board’s information request

on the Survey is confidential “trade secret” information, and request that it be protected as such

from public disclosure. All inqu iries pertaining to the confidentiality of this information should be

directed to the following person:

Date: Mailing Address:

(Signature)

(Printed Name)

(Title)

(Telephone Number)2002 Commercial Harbor Craft Survey

PART III: SUPPORTING ATTACHMENTS

D

- 36 ELECTRONIC DATA SUBMITTAL FORM

To simplify and streamline the data gathering process, we have made the

“Harbor Craft Survey” available electronically. You can download the Survey

from our website or we can send you a diskette if you complete this form and

return it to us by fax. Microsoft Word97 or 2000 is required to complete the

Survey electronically.

Internet Access: http://www.arb.ca.gov/diesel/documents/harborcraft.htm

If you would like us to send you a diskette containing the Survey, please

complete the form below.

Stationary Source Division

P.O. Box 2815

Sacramento, CA 95812

- 2815

Attention: Kirk Rosenkranz

Phone Number: (916) 327

- 7843

Fax Number: (916) 327

- 6251

Date:

____________________________________

Name:

____________________________________

Company:

______________________________ ______

Phone Number:

____________________________________

Fax Number:

____________________________________

Mailing Address:

___________________________________________D

- 37 Subchapter 4. Disclo sure of Public Records

Article 1. General

§91000. Scope and Purpose.

This subchapter shall apply to all requests to the state board under the California

Public Records Act (Government Code Sections 625 0 et seq.) for the disclosure of

public records or for maintaining the confidentiality of data received by the state board.

Written guidelines shall govern the internal review of such requests.

NOTE: Authority cited: Sections 39600 and 39601(a), Healt h and Safety Code.

Reference: California Public Records Act, Chapter 3.5 (commencing with Section

6250), Division 7, Government Code.

§91001. Disclosure Policy.

It is the policy of the state board that all records not exempted from disclos ure by

state law shall be open for public inspection with the least possible delay and expense

to the requesting party.

NOTE: Authority cited: Sections 39600 and 39601(a), Health and Safety Code.

Reference: Section 6253, Government Code; Black Panthe r Party v. Kehoe (1974) 42

Cal.App.3d 645.



### Article 2. Board's Requests for Information

§91010. Request Procedure.

The state board shall give notice to any person from whom it requests information

that the inf

ormation provided may be released (1) to the public upon request, except

trade secrets which are not emission data or other information which is exempt from

disclosure or the disclosure of which is prohibited by law, and (2) to the federal

Environmental Pr

otection Agency, which protects trade secrets as provided in Section

114(c) of the Clean Air Act and amendments thereto (42 USC 7401 et seq.) and in

federal regulations.

NOTE: Authority cited: Sections 39600, 39601 and 39602, Health and Safety Code.

R eference: Sections 39701, 41510, 41511, 41512 and 42705, Health and Safety Code;

and Section 6253, Government Code.D

- 38

§91011. Submissions of Confidential Data.

Any person submitting to the state board any records containing data claimed to be

“trade secret” or otherwise exempt from disclosure under Government Code Section

6254 or 6254.7 or under other applicable provisions of law shall, at the time of

submission, identify in writing the portions of the records containing such data as

“confid ential” and shall provide the name,

address and telephone number of the individual to be contacted if the state board

receives a request for disclosure of or seeks to disclose the data claimed to be

confidential. Emission data shall not be identified as co nfidential. The state board shall

not disclose data identified as confidential, except in accordance with the requirements

of this subchapter or Section 39660(e) of the Health and Safety Code.

NOTE: Authority cited: Sections 39600 and 39601, Health an d Safety Code.

Reference: Sections 39660, 39701, 41500, 41511, 41512 and 42705, Health and

Safety Code; Sections 6253, 6254 and 6254.7, Government Code; Natural Resources

Defense Council v. EPA, 489 F.2d 390 (5th Cir. 1974) (6 ERC 1248);

Northern Califor nia Police Practices Project v. Craig (1979) 90 Cal.App.3d 116; Uribe v.

Howie (1971) 19 Cal.App.3d 194.



### Article 3. Inspection of Public Records

§91020. Disclosure Policy.

§91021. Disclosure Procedure.

NOTE: Aut hority cited: Section 39601, Health and Safety Code.

Reference: Sections 6253

- 6257, Government Code.

§91022. Disclosure of Confidential Data.

(a) This section shall apply to all data in the custody of the state board

(1) designat ed “trade secret” prior to the adoption of this subchapter,

(2) considered by the state board or identified by the person who submitted

the data as confidential pursuant to this subchapter, or

(3) received from a federal, state or lo cal agency, including an air pollution

control district, with a confidential designation, subject to the following

exceptions:D

- 39

(A) Except for the time limits specifically provided in subsection (b), only

subsections (c) and (d) of this s ection shall apply to information

submitted pursuant to Health and Safety Code section 39660(e).

(B) Appropriate portions of an application for approval, accreditation, or

certification of a motor vehicle emission control device or system shal l

be kept confidential until such time as the approval, accreditation, or

certification is granted, at which time the application (except for trade

secret data) shall become a public record, except that estimates of sales

volume of new model ve hicles contained in an application shall be kept

confidential for the model year, and then shall become public records. If

an application is denied, it shall continue to be confidential but shall be

subject to the provisions of this section.

(C) I f disclosure of data obtained after August 9, 1984 from a state or local

agency subject to the provisions of the Public Records Act is sought, the

state board shall request that the agency which provided the data

determine whether it is conf idential. The state board shall request that it

be notified of the agency's determination within ten days. The state

board shall not release the data if the agency determines that it is

confidential and so notifies the state board; provide d, however, that the

data may be released with the consent of the person who submitted it to

the agency from which it was obtained by the state board.

(b) Upon receipt of a request from a member of the public that the state

board disclose data claimed to be confidential or if the state board itself

seeks to disclose such data, the state board shall inform the individual

designated pursuant to Section 91011 by telephone and by mail that

disclosure of the data is sought. The person claiming confidentiality

shall file with the state board documentation in support of the claim of

confidentiality. The documentation must be received within five (5) days

from the date of the telephone contact or of receipt of the mailed notice,

whichever first occurs. In the case of information submitted pursuant to

Health and Safety Code section 39660(e), the documentation must be

received within 30 days of the date notice was mailed pursuant to that

section. The deadlines for filing the documentation may be extended by

the state board upon a showing of good cause made within the deadline

specified for receipt of the documentation.

(c) The documentation submitted in support of the claim of confidentiality

shall include the following information:

(1) the statutory provision(s) under which the claim of confident iality is

asserted;

(2) a specific description of the data claimed to be entitled to confidential

treatment;

(3) the period of time for which confidential treatment is requested;D

- 40

(4) the extent to which the data has been disclosed to others and whether

its confidentiality has been maintained or its release restricted;

(5) confidentiality determinations, if any, made by other public agencies as

to all or part of the data and a copy of any such determinations, if

available; and

(6) whether it is asserted that the data is used to fabricate, produce, or

compound an article of trade or to provide a service and that the

disclosure of the data would result in harmful effects on the person's

competitive position, and, if so, the na ture and extent of such anticipated

harmful effects.

(d) Documentation, as specified in subsection (c), in support of a claim of

confidentiality may be submitted to the state board prior to the time

disclosure is sought.

(e) The state board shall, within ten (10) days of the date it sought to

disclose the data or received the request for disclosure, or within 20 days

of that date if the state board determines that there are unus ual

circumstances as defined in Government Code Section 6256.1, review

the request, if any, and supporting documentation, if received within the

time limits specified in subsection (b) above, including any extension

granted, and determine whether the data is entitled to confidential

treatment pursuant to Government Code Section 6254, 6255 or 6254.7

or other applicable provisions of law and shall either:

(1) decline to disclose the d ata and, if a request was received, provide to the

person making the request and to the person claiming the data is

confidential a justification for the determination pursuant to Government

Code Section 6255; or

(2) provide written notice to t he person claiming the data is confidential and,

if a request was received, to the person requesting the data that it has

determined that the data is subject to disclosure, that it proposes to

disclose the data, and that the data shall be re leased 21 days after

receipt of the notice by the person claiming confidentiality, unless the

state board is restrained from so doing by a court of competent

jurisdiction. The state board shall release the data in accordance with

the t erms of the notice unless so restrained.

(f) Should judicial review be sought of a determination issued in accordance

with subsection (e), either the person requesting data or the person

claiming confidentiality, as approp riate, may be made a party to the

litigation to justify the determination.

NOTE: Authority cited: Section 39601, Health and Safety Code.

Reference: Sections 6253, 6254, 6254.7, 6255, 6256, 6256.1, 6258 and 6259,

Government Code.