A - 55 PROPOSED 15-DAY MODIFIED REGULATION ORDER

AIRBORNE TOXIC CONTROL MEASURE FOR DIESEL ENGINES ON

COMMERCIAL HARBOR CRAFT OPERATED WITHIN

CALIFORNIA WATERS AND 24 NAUTICAL MILES OF THE CALIFORNIA BASELINE

Note: Shown below are the proposed 15-day modificat ions to the originally proposed regulatory language set forth in Appendix A to the Staff Report: Initial Statement of Reasons released September 7, 2007. This document is printed in a style to indicate changes from the originally proposed regulatory lan guage. All originally proposed regulatory language is indicated by plain type. Th e proposed 15-day modifications are

shown in underline to indicate additions to the original proposal and strikethrough to

indicate deletions.

Adopt new section 93118.5, title 17, chapter 1, sub chapter 7.5, California Code of Regulations (CCR), to read as follows:

(Note: The entire text of section 93118.5 is new l anguage.):

Section 93118.5. Airborne Toxic Control Measure fo r Commercial Harbor Craft.

(a) Purpose.

The purpose of this section is to reduce diesel par ticulate matter (PM), oxides of sulfur (SOx), and oxides of nitrogen (NO
x ) from diesel propulsion and auxiliary engines on harbor craft that operate in any of the waters subj ect to this section (“Regulated California Waters”). This section implements provi sions of the Goods Movement Emission Reduction Plan, adopted by the California Air Resources Board (ARB or

CARB ) in April 2006, to reduce emissions and health ris k 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, purchases, ow ns, operates, leases, charters, or rents any new or in-use diesel fueled harbor cra ft that is operated in any of the Regulated California Waters.

(2) In the event a harbor craft and its engine(s) a re subject to the requirements of this section, and either the regulation for portabl e compression ignition (CI) engines and equipment (sections 93116

- 931 16.5, title 17, California Code of Regulations (CCR)), or the regulation for off

- road CI engines and equipment (sections 2420

- 2427, title 13, CCR), the requirements of this sect ion shall supersede those of the other two regulations for al l engines on the v essel that are permanently affixed to the vessel (i.e., the en gine, its fueling system, or itsA - 56

exhaust system is welded or otherwise physically co nnected to the vessel or other vessel system in such a way that the engine c annot be easily removed for

use in a land

- based application without modifications).

Engine Subject to Multiple ARB Regulations. The requirements of this section shall control in the event an engine on a harbor cr aft is subject to the requirements:

(A) of this section, and either (B) the regulation for portable compression ignitio n (CI) engines and equipment (sections 93116-93116.5, title 17, Califo rnia Code of Regulations (CCR)), or (C) the regulation for off-road CI engines and equ ipment (sections 2420-2427, title 13, CCR).

This provision shall apply only to each engine on t he vessel that meets the above requirements and is permanently affixed to the vess el (i.e., the engine, its fueling system, or its exhaust system is welded or otherwis e physically connected to the vessel or other vessel system in such a way that th e engine cannot be easily removed for use in a land-based application without modifications).

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

(4) Notwithstanding the provisions of title 13, CCR , section 2299.1 and title 17, CCR, section 93118, this section shall apply to any ocea n-going tugboats and towboats and shall supersede the requirements of 13 CCR 2299 .1 and 17 CCR 93118 in their entirety for ocean-going tugboats and towboat s. For purposes of this paragraph, “ocean-going tugboats and towboats” shal l mean tugboats and towboats with a “registry” (foreign trade) endorsem ent on its United States (U.S.) Coast Guard certificate of documentation, or tugboa ts and towboats that are registered under the flag of a country other than t he United States.

(5) Nothing in this section shall be construed to a mend, repeal, modify, or change in any way any other applicable State, U.S. Coast Guar d, or other federal requirements. Any person subject to this section s hall be responsible for ensuring compliance with both U.S. Coast Guard regu lations and the requirements of this section and any other applicab le State and federal requirements, including but not limited to, obtaini ng any necessary approvals, exemptions, or orders from the U.S. Coast Guard.

(6) This section shall not apply to any engine and equipment that 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 Protection Agency (U.S. EPA)

.A - 57

(c) Exemptions.

All or portions of this section do not apply to the following, as provided below, but vessels that are partly or wholly exempt from this section may be subject to other State

and or federal regulations and requirements. A person sub ject to such other State or federal regulations and requirements is solely resp onsible for ensuring the vessel complies with those regulations and requirements. All other portions of this section shall apply unless otherwise specified:

(1) The requirements of this section do not apply t o H h arbor craft whose voyages that are comprised of continuous and expeditious navigat ion through any of the Regulated California Waters for the purpose of trav ersing such bodies of water without entering California internal or estuarine w aters or calling at a port, roadstead, or terminal facility. are exe mpt from this section in its entirety. “Continuous and expeditious navigation” includes st opping and anchoring only to the extent such stopping and anchoring are required by the U.S. Coast Guard; rendered necessary by force majeure or distress; or made for the purpose of rendering assistance to persons, ships, or aircraft in danger or distress. This exemption does not apply to the passage of a harbor craft that engages in any of the prejudicial activities specified in United Nati ons Convention on the Law of the Seas (UNCLOS) 1982, Article 19, subpart 2. Further , notwithstanding any U.S. Coast Guard mandated stops or stops due to force ma jeure or the rendering of assistance, this exemption does not apply to a vess el 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 T t emporary replacement vessels

are is exempt only from the requirements set forth in sub section (e)(6) and only upon written approval by the California Air Resourc es Board ARB ’s Executive Officer (E.O.). All other provisions in this secti on shall apply to a temporary replacement vessels subject to this paragraph. An owner or operator, who has or will have a vessel taken out of service, may app ly in writing to the E.O. to operate a temporary replacement vessel pursuant to the following:

(A) The E.O. shall approve or disapprove such a req uest within 15 days of receipt. The E.O. shall not unreasonably withhold approval of the request to operate the temporary replacement vessel; (B) If the approval is granted, the temporary repl acement vessel’s operating time will be specified in the approval by the E.O., along with any other terms, conditions or requirements the E.O. deems ne cessary, but in no case shall the approved operating time in Regulated Cali fornia Waters for a specific temporary replacement vessel exceed one ye ar total for any single vessel that is temporarily replaced; and (C) No temporary replacement vessel exemptions shal l be approved for a

vessel that is taken out of service more than 12 mo nths in any 24-monthA - 58 period or if the E.O. cannot determine the length o f time a vessel has been taken out of service within any 24-month period.

(3) A T temporary replacement vessels used to replace a vessel that has its homeport in the South Coast Air Quality Management District (SCAQMD) are is exempt only from the compliance dates set forth in Table 8 of subsection (e)(6) and only upon written approval from the ARB’s Ex ecutive Officer ( E.O.) . All other provisions in this section, including but not limit ed to, the compliance dates specified in Table 7 of subsection (e)(6), shall ap ply to a temporary replacement

vessels subject to this paragraph. An owner or operator, who has or will have a vessel taken out of service, may apply in writing t o the E.O. to operate a temporary replacement vessel pursuant to the follow ing:

(A) The E.O. shall approve or disapprove such a re quest within 15 days of receipt. The E.O. shall not unreasonably withhold approval of the request to operate the temporary replacement vessel; (B) If the approval is granted, the temporary repla cement vessel’s operating time will be specified in the approval by the E.O., along with any other terms, conditions or requirements the E.O. deems ne cessary, but in no case shall the approved operating time in Regulated Cali fornia Waters for a specific temporary replacement vessel exceed one ye ar total for any single vessel that is temporarily replaced; and (C) No temporary replacement vessel exemptions sha ll be approved for a

vessel that is taken out of service more than 12 mo nths in any 24-month period or if the E.O. cannot determine the length o f time a vessel has been taken out of service within any 24-month period;

(4) A Temporary temporary emergency rescue/recovery vessels are is exempt from this section in its entirety;

(5) A Recreational recreation vessels are is exempt from this section in its entirety;

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

(7) The following portable engines are exempt from this section in its entire ty:

(A) Notwithstanding section (b)(2), A ll a vessel engines , including an engines on

a barges , that which is are registered with ARB’s Portable Engine Registration Program (PERP) (sections 2450 through 2465, title 13, CCR) before January 1, 2009; (B) All A vessel engines that are is registered with PERP on or after January 1,

2009 and is are not permanently affixed to the vessel (i.e., the e ngine, its fueling system, and its exhaust system are not weld ed or otherwise physically connected to the vessel or other vessel system, which permits theA - 59 engine to be easily removed for use in a land-based application without modifications); and (C) All A vessel engines that are is registered and permitted under local air district regulations before January 1, 2009.

(8) A R r egistered historic vessels are is exempt only from subsection (e)(6);

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

(10) A M m ilitary tactical support vessels are is exempt from this section in its entirety;

(11) An E e ngines rated less than 50 horsepower (hp) are is exempt only from subsection (e)(6); and

(12) An E e ngines an d or vessels that are is operated less than 300 hours per calendar year shall be is exempt only from the requirements of subsection (e )(6). ; and

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

(A) that the vessel is scheduled to be taken out of service and retired permanently; (B) the vessel is actually taken out of service and re tired on or before the retirement date scheduled under (A) above; and (C) the vessel and has an engine that has with a compliance date, as set forth in subsection (e)(6)(C D ), that is within one year of the vessel’s schedule d retirement date under (A) above.

, is exempt from the requirements of subsection (e)(6)(C) and ( 6 )(D),

provided the vessel is actually taken out of service and ret ired on or before the

scheduled retirement date. Operation of a vessel subject to this provision a fter the scheduled retirement date or the engine’s compl iance date, whichever occurs later, is a separate violation of this section for each and every engine and each and every day of operation during which an engine on the vessel’s engines does not meet the requirements of subsection (e)(6)(D C ) or other parts of this section.

(d) Definitions.

For purposes of this section, the definitions of He alth and Safety Code (H&S) sections 39010 through 39060 shall apply except as otherwise specified in this section:

(1) “Air District” means one of the local air pollu tion control districts (APCDs) or air quality management districts (AQMDs) established un der Health and Safety

Code H&S section 40000 et seq.A - 60

(2) “Alternative Diesel Fuel” means any fuel used i n a diesel engine that is not commonly or commercially known, sold, or represente d by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specificat ions in American Society for Testing and Materials ( ASTM) D975-81, “Standard Specification for Diesel Fuel Oils,” as modified in May 1982, which is incorporat ed herein by reference, and does not require engine or fuel system modification s for the engine to operate, although minor modifications (e.g., recalibration o f the engine fuel control) may enhance performance. Examples of alternative diese l fuels include, but are not limited to, biodiesel and biodiesel blends not meeting the definition of CARB diesel fuel; Fischer-Tropsch fuels; emulsions of wa ter in diesel fuel; and fuels with a fuel additive, unless:

(A) the additive is supplied to the engine fuel by an on-board dosing mechanism, or (B) the additive is directly mixed into the base fu el 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 combination 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 technologies that d o not meet the definition of

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

(4) “Annual Hours of Operation” means the total num ber of hours, rounded to the nearest whole hour, a vessel engine is used for all commercial purposes in Regulated California Waters in the calendar year (J anuary 1 to December 31) immediately prior to the engine’s applicable compli ance date set forth in subsection (e)(6)(C D ). For example, if a vessel is used for commercial fishing and commercial non-fishing purposes, the total numb er of hours combined for both uses shall be the total annual hours of operat ion for that vessel.

(5) “Auxiliary Engine” means an engine designed pri marily 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 diese l engine using CARB diesel fuel as configured upon initial marine installation.

(8) “Barge” means a vessel having a flat-bottomed r ectangular hull with sloping ends and built with or without a propulsion engine.A - 61

(9) “California Air Resources Board (CARB) Diesel F uel” 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 s ection 93116.

(10) “California Baseline” means the mean lower low water line along the California coast, as shown on the following National Oceanic a nd Atmospheric Administration (NOAA) Nautical Charts as authored b y the NOAA Office of Coast Survey, which are incorporated herein by reference:

(A) Chart 18600, Trinidad Head to Cape Blanco (Jan uary 2002); (B) Chart 18620, Point Arena to Trinidad Head (Jun e 2002); (C) Chart 18640, San Francisco to Point Arena (Aug ust 2005); (D) Chart 18680, Point Sur to San Francisco (June 2005); (E) Chart 18700, Point Conception to Point Sur (Ju ly 2003); (F) Chart 18720, Point Dume to Purisima Point (Jan uary 2005); and (G) Chart 18740, San Diego to Santa Rosa Island (A pril 2005).

(11) “CARB” means the California Air Resources Boar d. CARB may also be referred

to as “ARB.”

(12) “Carbon Monoxide (CO)” is a colorless, odorles s gas resulting from the incomplete combustion of hydrocarbon fuels.

(13) “Category 1 engine” means any marine engine wi th a displacement of less than 5.0 liter per cylinder and with a maximum horsepowe r (hp) rating of 50 hp or
greater

.

(14) “Category 2 engine” means any marine engine wi th a displacement of 5.0 to less than 30 liter per cylinder.

(15) “Category 3 engine” means any marine engine wi th a displacement of greater than 30 liter per cylinder.

(16) “Certified engine” means an engine that is cer tified by U.S. EPA as meeting the requirements of title 40, Code of Federal Regulatio ns (CFR) , Part 94.

(17) “Coast Guard Vessel” means any vessel or boat owned or operated by the

United States U.S. Coast Guard, including, but not limited to, U.S. Coast Guard cutters and patrol boats that are used for law enfo rcement, defense operations, marine science, search and rescue missions, trainin g missions, coastal surveillance, servicing aids to navigation, and mar ine environmental response.

(18) “Compliance Date” means the date, as se t forth in either Table 7

, or Table 8 in subsection (e)(6)(C D )

, (whichever applies), by which time a vessel engine must meet the requirements set forth in subsection (e)(6 )(D C ). The “compliance date”A - 62

for a vessel engine is set forth in either Table 7 or Table 8 in subsection (e)(6)(D), whichever is applicable.

(19) “Crew and Supply Vessel” means a self-propelle d 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 plat forms, construction sites, and other vessels).

(20) “Date of Acquisition” means, for a vessel or e ngine subject to this regulation, the date of purchase as defined by the date shown on th e 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) "Diesel Engine” means an internal combustion, compression-ignition (CI) engine, or pilot ignition engine with operating characteris tics significantly similar to the theoretical diesel combustion cycle. The regulatio n of power by controlling fuel supply in lieu of a throttle is indicative of a com pression ignition engine.

(22) “Diesel Fuel” means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, includi ng any mixture of primarily liquid hydrocarbons (HC) - organic compounds consisting ex clusively of the elements carbon and hydrogen - that is sold or represented b y the supplier as suitable for use in an internal combustion, compression-ignition engine.

(23) “Diesel-Fueled” means a diesel engine fueled i n whole or part by diesel fuel.

(24) "Diesel Oxidation Catalyst (DOC)" means an emi ssion control technology that employs a catalyst to promote oxidation processes i n diesel exhaust gases, usually designed to reduce emissions of the organic fraction of diesel particulates, gas-phase HC, and CO.

(25) “Diesel Particulate Filter (DPF)” means an emi ssion control technology that reduces diesel PM emissions in engine exhaust gases by trapping the particles in a flow filter substrate and periodically removes th e collected particles by either physical action or by oxidizing (burning off) the p articles in a process called regeneration.

(26) “Diesel Particulate Matter (Diesel PM)” means the particles found in the exhaust of diesel engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical propert ies.

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

(28) “Emission Control Strategy” means any device, system, or strategy employed to reduce emissions from an engine, including, but not limited to, diesel oxidationA - 63

catalysts, selective catalytic reduction systems, d iesel particulate filters, alternative diesel fuels, water emulsified fuels, a nd any combination of the above.

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

meet the mouth of a river.

(30) “Excursion Vessel” means a self-propelled vessel that transports passengers for purposes including, but not limited to, used for a short trip or outing to some place, usually for a special purpose and with the i ntention of a prompt return, including all public or priv ate excursion vessels, such as dinner cruises, ; harbor, lake, or river tours, ; scuba diving expeditions, ; and whale watching tours. “Excursion Vessel” does not include crew and supply vessels, ferries, and

recreational vessels.

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

(32) “Ferry” means a harbor craft having provisions only for deck passengers or vehicles, operating on a short run, on a frequent s chedule between two points over the most direct water route, and offering a pu blic service of a type normally attributed to a bridge or tunnel. any self

- propelled vessel or boat owned, controlled, operated, or managed for public use in transportation of carrying passengers, property

, or vehic les on scheduled services.

(33) “Fishing Vessel” means a self-propelled boat o r ship vessel that is either:

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

(34) “Fleet” means the total number of harbor craft owned, rented, or leased by an owner or operator in an air district or distinct lo cale within Regulated California Waters or the statewide population of a specific ve ssel type.

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

(36) “Harbor Craft” (also called “Commercial Harbor Craft”) means any private, commercial, government, or military marine vessel i ncluding, but not limited to, passenger ferries, excursion vessels, tugboats, oce an-going tugboats, towboats, push-boats, crew and supply vessels, work boats, pi lot vessels, supply boats, fishing vessels, research vessels, United States U.S. Coast Guard vessels,A - 64

hovercraft, emergency response harbor craft, and ba rge vessels that do not otherwise meet the definition of ocean-going vessel s or recreational vessels.

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

(38) "In-Use Harbor Craft” means a harbor craft tha t is not a new harbor craft.

(39) “In-Use Marine Engine” means a marine engine t hat is not a new marine engine.

(40) “Lease” means a contract by which the owner (l essor) of a property, such as a vessel or engine, grants the right to use or occupy the property to another person (lessee) for a specified term and for a specified r ent.

(41) “Level” means, unless the context requires oth erwise, one of three categories of

Air Resources Board ARB -verified diesel emission control strategies as set forth in title 13, CCR, section 2700 et seq.: Level 1 mea ns the strategy reduces engine diesel PM emissions by between 25 and 49 percent; L evel 2 means the strategy reduces engine diesel PM emissions by between 50 an d 84 percent; and Level 3 means the strategy reduces engine diesel PM emissio ns 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) “Low-Use” means the operation of any compressi on-ignition engine associated

with a harbor craft vessel for less than 300 total annual hours of operation in Regulated California Waters, based on the immediate ly previous preceding calendar year.

(43) “Military Tactical Support” means a vessel tha t meets military specifications, is owned by the U.S. Department of Defense, the U.S. C oast Guard, the U.S. Military services or its allies, and is used in com bat, combat support, combat services support, tactical or relief operations or training for such operations.

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

(45) “Multipurpose Harbor Craft” means a harbor cra ft that serves as a ferry, excursion vessel, tugboat, or towboat but is also u sed as a work, crew and supply, pilot, fishing, supply, or other vessel.

(46) "New Harbor Craft" means a harbor craft for wh ich both of the following criteria

are true:

(A) it is built, or its keel is laid, on or after J anuary 1, 2009, and (B) the equitable or legal title to the harbor craf t has never been transferred to an ultimate purchaser.A - 65

Where the equitable or legal title to the harbor cr aft is not transferred to an ultimate purchaser prior to the harbor craft being placed into service, the harbor craft ceases to be new when it is placed into servi ce. A harbor craft is placed into service when it is used for its functional pur poses.

(47) “New Marine Engine” means a marine engine for which both of the following

criteria are true:

(A) (C) it is manufactured or imported on or after Januar y 1, 2009, and (B) (D) the equitable or legal title to the engine has ne ver been transferred to an ultimate purchaser.

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

(48) “Nitrogen Oxides or Oxides of Nitrogen (NO
x )” means compounds of nitric oxide (NO), nitrogen dioxide (NO 2 ), and other oxides of nitrogen, which are typicall y created during combustion processes and are major c ontributors to smog formation and acid deposition.

(49) “Non-Methane Hydrocarbons (NMHC)” means the su m of all hydrocarbon (HC) air pollutants except methane.

(50) “Ocean-going Vessel” means a commercial, gover nment, or military vessel meeting any one of the following criteria:

(A) a vessel with a “registry” (foreign trade) endorsem ent on its United

States U.S. Coast Guard certificate of documentation, or a ves sel that is

re gistered under the flag of a country other than the United States;

(B) (A) a vessel greater than or equal to 400 feet in lengt h overall (LOA) as defined in 50 CFR § 679.2, as adopted June 19, 1996 ;

(C) (B) a vessel greater than or equal to 10,000 gross tons (GT ITC) per the convention measurement (international system) as de fined in 46 CFR 69.51-.61, as adopted September 12, 1989; or

(D) (C) a vessel propelled by a marine compression ignition engine with a percylinder displacement of greater than or equal to 3 0 liters.

(51) “Operate” means steering or otherwise running the vessel or its functions while the vessel is underway, moored, anchored, or at doc k.A - 66

(52) “Own” means having all the incidents of owners hip, including the legal title, whether or not that person lends, rents, or pledges the vessel; having or being entitled to the possession of a vessel as the purch aser under a conditional sale contract; or being the mortgagor of a vessel.

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

(54) “Person” includes all of the following:

(A) any person, firm, association, organization, pa rtnership, business trust, corporation, limited liability company, or company;

(B) any state or local governmental agency or publi c district, or any officer or employee thereof; and

(C) the United States or its agencies, to the exten t permitted by federal law.

(55) “Pilot Vessel” means a vessel designed for, bu t not limited to, the transfer and transport of maritime pilots to and from ocean goin g vessels while such vessels are underway.

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

(57) “Portable CI Engine” means a compression ignit ion (CI) engine designed and capable of being carried or moved from one location to another. Indicators of portability include, but are not limited to, wheels , skids, carrying handles, dolly, trailer, or platform. Portable engines are not sel f-propelled.

(58) “Portable Engine Registration Program (PERP)” means the statewide program designed to promote the use of clean portable engin es in California, as provided for in title 13, CCR, sections 2450 through 2465. Once registered in the program, engines and equipment units can operate th roughout the State without being required to obtain individual permits from ea ch air pollution control or air quality management district in which they operate.

(59) “Pre-Tier 1 Engine” means an engine that was b uilt before the effective date of U.S. EPA’s Tier 1 marine engine emission standards (Tier 1 standards) , as set
forth in 40 CFR 94.

(60) “Propulsion Engine” means an engine that provi des power to move a vessel through the water or directs the movement of a vess el.A - 67

(61) “Purchase Date” means the date shown on the fr ont of the cashed check; the date of the financial transaction; or the date on t he engine or harbor craft purchase, rental, or lease agreement, whichever is earliest.

(62) “Push Boat” means any self-propelled vessel en gaged in or intending to engage in the service of pulling, pushing, or hauling alon g side barges or other vessels, or any combination of pulling, pushing, or hauling along side barges or other vessels. “Push boats” is interchangeable with “tow boats.”

(63) “Recreational Vessel” means a vessel that is i ntended by the vessel manufacturer to be operated primarily for pleasure or leased, rented or chartered to another for the latter’s pleasure, excluding the following vessels: (1) vessels of less than 100 gross tons that carry more than 6 pas sengers, (2) vessels of 100 gross tons or more that carry one or more passenger s, and (3) vessels used solely for competition.

(64) “Registered Historic Vessel” means a vessel li sted in the National Register of Historic Places pursuant to the National Historic P reservation Act of 1966 (16 U.S.C. 470).

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

(A) all California internal waters; (B) all California estuarine waters; (C) all California ports, roadsteads, and terminal facilities (collectively “ports”); (D) all waters within 3 nautical miles of the Calif ornia baseline, starting at the California-Oregon border and ending at the Californ ia-Mexico border at the Pacific Ocean, inclusive; (E) all waters within 12 nautical miles of the Cali fornia baseline, starting at the California-Oregon border and ending at the Californ ia-Mexico border at the Pacific Ocean, inclusive; (F) all waters within 24 nautical miles of the Cali fornia baseline, starting at the California-Oregon border to 34.43 degrees North, 12 1.12 degrees West; inclusive; and (G) all waters within the area, not including any i slands, 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 32.48

32.65 degrees North, 117.67 117.81 degrees West; and ending at the California-Mexico border at the Pacific Ocean, incl usive.

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

term.

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

California Waters. “Retirement” does not include a n engine or harbor craft that isA - 68

sold for use outside California then subsequently o perated in any of the Regulated California Waters.

(68) “SCAQMD” shall means the South Coast Air Quality Management District, a s defined in Health and Safety Code section 40410 et seq. and described in section 60104, title 17, California Code of Regulat ions, and shall include all waters subject to the jurisdiction of the SCAQMD.

(69) “Supply Vessel” means a self-propelled vessel used for carrying supplies to and from off-shore and in-harbor locations including, b ut not limited to, off-shore work platforms, construction sites, and other vessels.

(70) “Take Out of Service” means the act of dry-doc king, mooring, anchoring, or otherwise tying up a harbor craft at dock to conduc t maintenance, repairs, replacements, or upgrades such that the vessel cann ot be operated in Regulated

California Waters while such acts are conducted on the vessel.

(71) “Tank Barge” means a non-self-propelled vessel constructed or adapted primarily to carry, or that carries, oil or hazardous materia l in bulk as cargo or cargo

residue.

(72) “Tank Vessel” or “Tanker” means a self-propell ed vessel constructed or adapted primarily to carry, or that carries, oil or hazardo us material in bulk as cargo or cargo residue.

(73) “Temporary emergency rescue / recovery vessel” means a self-propelled vessel whose homeport is not within California and is brou ght into California for the immediate use of emergency rescue or recovery and r eturns to its home port

outside of California at the conclusion of its emer gency rescue / recovery mission.

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

(A) There are two types of these vessels: (1) “tempora ry replacement vessels (SCAQMD),” which that are used in the SCAQMD but have a homeport in California outside of the SCAQMD; and (B) “temporary replacement vessels” which that are used anywhere in California, including the SCAQMD, and but have a homeport outside of

California.

(75) “Tier 1 Marine Engine Emission Standards (Tier 1 standards )” (shown in Table 1 below) means the U.S. EPA marine engine Tier 1 emission s tandards, as promulgated by U.S. EPA and set forth in “Control o f Emissions of Air PollutionA - 69

from New Marine Compression-Ignition Engines at or Above 37 kW” (64 Federal Register (FR) 73299-73373, December 29, 1999)(40 Code of Federal Regula tions CFR Part 94), both of which are incorporated herein by reference.

The standards from 40 CFR Part 94 are summarized in Table 1. In the event of

a conflict between a Tier 1 standard in this sectio n and its corresponding standard in 40 CFR Part 94, the standard in 40 CFR Part 94 controls.

Table 1: U.S. EPA Tier 1 Marine Engine Emission St andards

Category Power (kilowatt

( kW) ) & Displacement (Ll iters/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 maximum power rating 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) “Tier 2 Marine Engine Emission Standards (Tier 2 standards )” (shown in Table 2 below) means the U.S. EPA marine engine Tier 2 emission s tandards, as promulgated by U.S. EPA and set forth in “Control o f 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), bo th of which are incorporated herein by reference. In the event of a conflict between a Tier 2 standard in this section and its corresponding stan dard in 40 CFR Part 94, the

standard in 40 CFR Part 94 controls.A - 70 Table 2: U.S. EPA Tier 2 Marine Engine Emission St andards 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 exp ressed 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) “Tier 3 Marine Engine Emission Standards (Tier 3 standards )” (shown in Table 3, Table 4, and Table 5 below) means the U.S. EPA proposed marine engine Tier 3 Marine Engine emission standards, as promulgated by U.S. EPA and set forth in

“Final Rule: Control of Emissions of Air Pollution from Locomot ive Engines and Marine Compression-Ignition Engines Less Than 30 Li ters Per Cylinder” (73 FR 25245 et seq., May 6, 2008) (40 CFR Part 1042) (72 FR 15937 et seq., April 3, 2007) , both of which is are incorporated herein by reference. The

standards from 40 CFR Part 1042 are summarized in T able 3, Table 4, and

Table 5. In the event of a conflict between a Tier 3 standard in this section and its corresponding standard in 40 CFR Part 1042, the standard in 40 CFR Part 1042 controls. [Note: No Tier 3 standards apply fo r commercial Category 1 engines at or above 3700 kW. See “Tier 4 Marine En gine Emission Standards” for the standards that apply to these engines.]A - 71 Table 3 : U.S. EPA Proposed Tier 3 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 s ubject to the corresponding

37 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 2000-37 00 kW engines. (e) Converted emission standards from 40 CFR part 1 042, 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 Proposed Tier 3 Standards for Marine Diesel Category 1 Recreational and Commercial High Power D ensity

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 0.09 8 4.0 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 - 72 Table 5: U.S. EPA Proposed Tier 3 Standards for Marine Diesel Category 2 Engines below 3700 kW a,b

Rated kW 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 0 a 6.5 a 5.2 2014

20 - <25 a <2000 0.20 7.3 2014 = <3700 kW

25 - <30 a <2000 0.20 8.2 2014
(a) For engines at or below 3300 kW in this group, the PM / NOx+HC Tier 3 standards are is

0.25 / 5.2 g/bhp

- hr

. No Tier 3 standards apply for Category 2 engines wi th per-cylinder displacement above 15.0 liters if maximum engine po wer is at or above 2000 kW. See “Tier 4 Marine Engine Emission Standards” for the s tandards that apply for these engines. (b) For Category 2 engines at or above 1400 kW, opt ional 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 1 042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/kW-hr * (0.746) = g/b hp-hr.

(78) “Tier 4 Marine Engine Emission Standards (Tier 4 standards )” (shown in Table 6 below) means the U.S. EPA proposed marine engine Tier 4 Marine Engine

emission standards, as promulgated by U.S. EPA and set forth in “Final Rule:

Control of Emissions of Air Pollution from Locomoti ve Engines and Marine Compression-Ignition Engines Less Than 30 Liters Pe r Cylinder” (73 FR 25245 et seq., May 6, 2008) (40 CFR Part 1042) (72 FR 15937 e t seq., April 3, 2007)

, both of which is are incorporated herein by reference. Table 6 summariz es the

Tier 4 standards from 40 CFR Part 1042. In the eve nt of a conflict between a Tier 4 standard in this section and its correspondi ng standard in 40 CFR Part 1042, the standard in 40 CFR Part 1042 controls.A - 73 Table 6: U.S. EPA Proposed Tier 4 Standards for Marine Diesel Category 1 and Category 2 Engines above 600 kW

(a) This standard is 0.19 g/bhp

- hr for engines with 15

- 30 liter/cylinder displacement. 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 (b) Optional compliance start dates may be used are proposed within these model years; see Draft Locomotive and Marine NPRM Preamble (72 FR 15 937 et seq.) 40 CFR part 1042

. (c) Option for engines with 7

- 15 liter/cylinder displacement: Tier 4 PM and HC i n 2015 and

Tier 4 NOx i n 2017. For Category 2 engines at or above 1400 kW, optiona l Tier 3 and Tier 4

standards are available with some manufacturer rest rictions, PM / NOx+HC at 0.10 / 5.8 g/bhp-hr in 2012, with Tier 4 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 y ears 2014 and 2015 only. For Category 2 engines with per-cylinder displacement at or above 15.0 liters, the PM standard is 0.25 g/bhphr for engines at or above 2000 kW and below 3300 k W, and 0.20 g/bhp-hr for engines at or above 3300 kW and below 3700 kW, in model years 201 4 and 2015 only.

(79) “Total Hydrocarbons (THC)” or “Hydrocarbons (H C)” means the total mass of open chain and cyclic hydrocarbon molecules.

(80) “Towboat” means any self-propelled vessel enga ged in or intending to engage in the service of pulling, pushing, or hauling along s ide barges or other vessels, or any combination of pulling, pushing, or hauling alo ng side barges or other

vessels.

(81) “Tugboat” means any self-propelled vessel enga ged in, or intending to engage in, the service of pulling, pushing, maneuvering, berth ing, or hauling along side other vessels, or any combination of pulling, pushi ng, maneuvering, berthing or hauling along side such vessels in harbors, over th e open seas, or through rivers and canals. Tugboats generally can be divided into three groups: harbor or

short- haul tugboats, ocean-going or long-haul tugboats, a nd barge tugboats. “Tugboat” is interchangeable with “towboat” and “pu sh boat” when the vessel is used in conjunction with barges. 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 a 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 2014 b,c,d

1400 – 3700 to

<2000 kW all 0.03 1.3 0.14 2016 b, c

600- to <1400 kW all 0.03 1.3 0.14 2014 7 bA - 74

(82) “Verification Procedure, Warranty and In-Use C ompliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)” means the Air Res ources Board ( ARB) regulatory procedure codified in title 13, CCR, commencing with section 2700

, which is incorporated herein by reference, that engine manufacturers, sellers, owne rs, 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 strateg y.

(83) “Verified Diesel Emission Control Strategy (VD ECS)” means an emission control strategy, designed primarily for the reduction of d iesel PM emissions, which has been verified pursuant to the “Verification Procedu re for In-Use Strategies to Control Emissions from Diesel Engines” in title 13, California Code of Regulations CCR , commencing with section 2700. VDECS can be verif ied to achieve Level 1 diesel PM reductions (25-49 percent), Level 2 diesel PM reductions (50-84 percent), or Level 3 diesel PM reductions (85 perc ent or greater ). VDECS may also be verified to achieve NOx reduc tions.

(84) “Vessel” or “Marine Vessel” means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or watercraft, ex cept those used primarily for

recreation.

(85) “Work Boat” means a self-propelled vessel that is used to performs duties such as fire/rescue, law enforcement, hydrographic surve ys, spill/response, research, training, and construction (including drilling).A - 75

(e) Fuel Use and Engine Emission Requirements.

[Note: The plain English narrative in this overvie w is intended as a convenient guide for the reader and in no way adds, deletes, m odifies, or otherwise affects the legal requirements and substantive provisions s pecified in subsection (e) or any other part of this section. Subsection (e) set s forth the various fuel and emission requirements for harbor craft subject to t his regulation, and can be

broken down as follows:

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

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

• Subsection (e)(3) establishes requirements that ap ply to transactions involving new engines to be installed on in-use ves sels, including a limited 6-month “sell-through” provision for non-complying engines.

• Subsection (e)(4) sets forth requirements that app ly to newly acquired new harbor craft, including ferries.

• Subsection (e)(5) sets forth requirements that app ly 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 reg ulation, as it achieves emission reductions by requiring the eventual repla cement or cleanup of engines in the fleet of in-use ferries, excursion v essels, tugboats, towboats, push boats, and multipurpose harbor craft . This subsection requires that owners and operators eventually repla ce or otherwise bring into compliance with the specified engine standards all of their pre-Tier 1 and Tier 1-certified engines in their in-use vessel s 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 upg raded or replaced. Vessels with their homeport in the South Coast Air Quality Management District ( SCAQMD) have an accelerated compliance schedule to reflect that district’s greater need for expedited emission reductions. The compliance schedules are grouped by vessel type, lo cation of the vessel’s home port, the engine’s model year, and the engine’ s annual hours of operation.

• Subsection (e)(7) (6)(E) provides for a limited set of circumstances under

which the Executive Officer E.O. may grant short extensions to the compliance dates if warranted.]A - 76

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

As of Beginning January 1, 2009, no a person shall subject to this section may only fuel a ny a diesel engine on a harbor craft within any of the R egulated

Califo rnia Waters unless the fuel is with one of the following:

(A) CARB D d iesel F f uel; or (B) an alternative diesel fuel as defined in subsec tion (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 D d iesel F f uel used with fuel additives that meet the requirem ents of the Verification Procedure; or (E) any combination of subsection (e)(1)(A) through (D) above.

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

As of Beginning January 1, 2009, no a person subject to this section shall may

not operate a harbor craft within any of the Regulated California Waters without an installed and properly operating, non-resettable hour meter, which accurately measures the number of hours an engine operates. T he hour meter shall must be installed on each diesel engine on the vessel in a manner that allows reasonable personnel access to the hour meter without impediment.

(3) All In-Use Harbor Craft – Requirements for Newly Ac quired Engines.

Except as otherwise provided in this paragraph, as of Beginning January 1, 2009,

no a person subject to this section shall may not sell, purchase, offer for sale, lease, rent, import, or otherwise acquire a new or in-use diesel engine for an inuse harbor craft, which is intended to operate or a ctually operates in any of the Regulated California Waters, unless that engine on the date of acquisition :

(A) is certified to meets the applicable Tier 2 or Tier 3 engi ne standards in effect on the date of acquisition of the engine that date for a new engine of the same power rating and displacement . The newly acquired engine is not required to meet the Tier 4 standards unless it is replacing an engine on the in-use vessel that was certified as meeting Tier 4 standards; or Once Tier 4 engine standards come into effect , a newly acquired engine meeting the

Tier 3 standard s may be used to comply with this paragraph unless the engine being replaced on the in

- use vessel was c ertified to a Tier 4

standard s , in which case the newly acquired engine must meet at least the

Tier 4 standard s

, or cleaner , or

(B) is newly acquired within the allowable 6 month “sell-through” period, as set forth in this paragraph. For purposes of this para graph only, the allowable sell-through period runs through 6 months after the date the Tier 2, Tier 3, orA - 77 Tier 4 standards have come into effect for a new en gine of the same power rating and displacement as the engine being replace d on the in-use vessel. Engines that are subsequently sold, supplied, offer ed for sale, or otherwise newly acquired after the 6 month sell-through perio d are subject to the requirements specified in paragraph (A) of this sub section, even if the engine was previously newly acquired within the 6 m onth sell-through period. does not meet the requirements specified in paragra ph (A) above, but it is sold, supplied, or offered for sale for use in the harbor craft within 6 months after the effective date of the applicable Tier 2, Tier 3, or Tier 4 standards. The provisions of this paragraph (B) shall apply on ly to instances when the engine is sold, supplied, o r offered for sale within the 6

- month period specified above. Engines that are subsequently sol d, supplied, or offered

for sale a fter the 6

- month period specified above shall be subject to th e requirements specified in paragraph (A), regardless of whether it was previously sold, supplied, or offered for sale with in the 6

- month period specified above.

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

As of Beginning January 1, 2009, no a person subject to this section shall may

not sell, purchase, offer for sale, lease, rent, import , or otherwise acquire a new harbor craft for use in any of the Regulated Califo rnia Waters unless each of the diesel engines on the vessel meets the applicable T ier 2, Tier 3, or Tier 4 standards in effect on the date of vessel acquisiti on. Additional requirements shall apply for diesel propulsion engines in newl y acquired new ferries, as specified in subsection (e)(5). The person must also meet the additional requirements set forth subsection (e)(5) below for diesel propulsion engines in newly acquired new ferries.A - 78

(5) Selected New Ferries Only – Additional Requirements for All Newly Acquired Propulsion Engines.

(A) As of Beginning January 1, 2009, no a person shall subject to this section may not sell, purchase, offer for sale, import, or otherwis e acquire a new ferry with the capacity to transport 75 or more pas sengers for use in any of the Regulated California Waters unless each propuls ion diesel engine on

the vessel:

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 conjunction with the us e of Best Available Control Technology (BACT), as determined and pre-ap proved by the

Executive Officer

E.O. pursuant to this provision.

(B) In lieu of installing or using BACT pursuant to paragraph (A)2 above, a 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 time 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 shall apply

.

(C) For purposes of this section, “BACT” is the die sel emission control strategy (DECS), whether verified or unverified 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 continuously provi de the greatest reduction

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

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

3. either the DECS manufacturer or an authorized de aler of the DECS determines or otherwise agrees with the E.O. that u se of the DECS on or with the new ferry’s propulsion engine(s) would not invalidate or otherwise adversely affect the propulsion engine’s original warranty.

For purposes of this section, DECS shall may include, but is not be limited to, exhaust treatment controls and the use of alter native fuels or fuel

additives.

(D) The E.O. shall determine the appropriate level of BACT and specify such BACT in an Executive Order granting such approval. Applications to complyA - 79 with the requirements of paragraph (A)2 by using BA CT shall must follow the application and review procedure set forth belo w:

1. Application Process.

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

the E.O. for evaluation before the keel is laid. T he BACT application

shall must contain, at a minimum, the following information:

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

b. information specific to the harbor craft and eng ine(s) on which BACT will be used, including the vessel name and identif ication number(s); engine make, model, and serial numbers; and all oth er information that uniquely identify the engine;

c. certification documentation, engineering calcula tions, emissions test data, or other information that establishes the die sel PM and NO
x emissions of the engine in combination with the pro posed BACT.

Emissions and emission reduction estimates shall must include both

diesel PM and NO
x

emissions and shall be expressed in grams per brake horsepower-hour (g/bhp-hr) unless otherwise s pecified by the E.O. Information submitted pursuant to this provis ion shall will be

used as follows:

i. The E.O. shall use the information to compare th e emissions resulting from the proposed use of BACT with the em issions quantified in BACT determinations previously approv ed by the E.O.; ii. If there are no previous BACT determinations av ailable for comparison, the E.O. shall use ARB staff’s best eng ineering judgment to determine if the proposed BACT provides the greatest feasible reduction of diesel PM or NOx; an d iii. The E.O. may require the applicant to submit a dditional emissions data for other air pollutants if the E.O. believes that the proposed use of BACT may increase any air pollu tant by 10 percent or more relative to the engine emissions without the proposed BACT. ; and

d. the proposed recordkeeping, reporting, monitori ng, and testing

procedures that the applicant plans to use to demon strate continued

effectiveness of the BACT.

2. E.O. Review and Final Decision-Making Process.A - 80 a. Within 15 days after receiving a BACT applicati on, the E.O. shall notify the applicant whether the application is dee med sufficiently complete to proceed with further evaluation. If th e application is deemed incomplete, the notification shall must identify the application’s deficiencies. The E.O. shall have an additional 15-day period for reviewing each set of documents or infor mation submitted in response to an incomplete determination. Nothin g in this subsection prohibits the E.O. from requesting addit ional information from the applicant, during any part of the BACT app lication process, which the E.O. determines is necessary to evaluate the application.

b. Within 30 days of deeming an application comple te, the E.O. shall take final action to either approve or deny a BACT application, and the E.O. shall notify the applicant accordingly. I f the application is denied or modified, the Executive Officer E.O. shall state 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 this section. The reporting and recordkeeping requirements specific t o the use of

BACT shall must include, but not be limited to at a minimum :

i. hours of operation for the engine and BACT and fuel usage; ii. usage of any alternative fuels, additives, ag ents, flow rates, and

emission test results;

iii. mainte nance procedures for the engine(s) and its BACT; an d iv. any other measurements or recordings specifie d by the E.O.

The E.O. shall make T the approval/disapproval notification to the applicant and identification of the approved/disapproved BACT shall

be made available to the public on ARB’s internet site.

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

.

Any person subject to this provision shall must maintain operating

records and other information in the manner and for m specified by the E.O. in the BACT approval. The person must submit to ARB upon
request A a ll records and reports created pursuant to this pro vision,

which must shall be submitted to ARB upon request and shall be maintained and retained for ARB inspection a minimu m of three years after the records or reports were created

.A - 81

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

Standards.

(A) For Pre-Tier 1 and Tier-1 Certified Engines on Ferr ies, Excursion Vessels, Tugboats, Towboats, Push Boats, and Multipurpose Ha rbor Craft Only.

1. Applicability

.

This subsection (e)(6) applies to any person who ow ns, operates, sells, purchases, offers for sale, leases, rents, imports, or otherwise acquires an in-use ferry, excursion vessel, tugboat, towboat , push boat, or multipurpose harbor craft with a pre-Tier 1 or Tier -1 certified engine for use in any of the Regulated California Waters. Thi s subsection applies to all such engines on all such vessels.

2. General Requirement.

After January 1, 2009, a person subject to this pro vision may not own, operate, sell, purchase, offer for sale, lease, ren t, import, or otherwise acquire an in-use engine, or a vessel with an in-us e engine, unless that engine complies with at least one of the compliance methods set forth in subsection (e)(6)(C) by the applicable compliance d ate. The compliance methods set forth in subsection (e)(6)(C) involve e ither replacement of the in-use engine with a cleaner engine or demonstr ating that the in-use engine already meets specified standards, as set fo rth below.

For purposes of this subsection, “applicable compli ance date” is either the compliance date, as 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 subsection (e)(6)(E ), whichever applies

and occurs later.

(B) [Reserved for Future Use]

(C) Compliance Methods.

1. Method C1 – Replacement of the in-use engine with a U.S. EPA certified Tier 2 engine or one with a higher certification le vel (e.g., Tier 3- certified).

A person may comply under this method by replacing the in-use engine with a Tier 2- or Tier 3-certified engine, as set f orth in this paragraph. The replacement engine must meet the U.S. EPA Tier 2 or Tier 3 standards that would apply to a new engine, of the same size and configuration as the in-use engine, at the time of the applicable compliance date set forth in subsection (e)(6)(D).A - 82 [Note: For example, if the applicable compliance da te is January 1, 2010, and the Tier 2 standards would be in effect a t that time for a new engine of the same size and configuration as the in -use engine, the replacement would need to meet Tier 2 standards. H owever, if the applicable compliance date is instead January 1, 20 13, and the Tier 3 standards would be in effect for a new engine of th e same size and configuration as the in-use engine, the replacement engine would need to meet Tier 3 standards.]

Once the in-use engine has been replaced with an en gine that is U.S.

EPA-certified to meet at Tier 2 or Tier 3 standards , as set forth above, the engine is deemed to be in compliance with this subsection (e)(6) and no further replacements of this engine are required under this subsection. Tier 3-certified engines may be used a s the replacement engine to comply with this paragraph, even if Tier 4-certified engines become available by the applicable compliance date;

2. Method C2 – Demonstrate to the E.O.’s written satis faction that the inuse engine already meets the Tier 2 standards that apply or would apply to new engines on the date the Tier 2 standards bec ame effective.

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

E.O.’s written satisfaction that:

i. the in-use engine already meets the Tier 2 stan dards,

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

b. This compliance method is available only if the person makes the required demonstration before the date Tier 3 stand ards become effective for new engines of the same size and conf iguration as the in-use engine. The person may rebuild the in-use e ngine to a cleaner standard or implement a diesel emission con trol strategy to aid in meeting these standards. [Note: For example , if the Tier 3 standards would have become effective on January 1, 2015 for a new engine of the same size and configuration as th e in-use engine, the person would need to provide the Tier 2-complia nce demonstration to the E.O.’s written satisfaction by January 1, 2015.]

c. For purposes of the demonstration, the person ma y, upon approval by the E.O., rely on any source of reliable and cre dible 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.;A - 83 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-us e engine that is configured and used in a substantially similar way to the in-use engine; iv. emissions test data used to meet the regulatory requirements of

ARB’s Verification Procedure for the non-verified e mission control strategy implemented; or v. emissions test data used to meet the requirement s for U.S. EPA certification for systems providing remanufacture t o a cleaner

standard.

The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any information he/sh e determines is

not reliable or credible.

3. Method C3 – Demonstrate to the E.O.’s written satis faction that the inuse engine already meets the Tier 2 or Tier 3 stand ards in effect or would be in effect for new engines at the time of t he applicable compliance date.

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

E.O.’s written satisfaction that:

i. the in-use engine already meets the Tier 2 or Ti er 3 standards, ii. which apply to new engines of the same power ra ting and displacement as the in-use engine, iii. at the time of the applicable compliance date for the in-use engine.

b. To comply with this method, the person may demon strate that the inuse engine meets the Tier 3 standards, even if Tier 4 standards come into effect by the 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 s tandards.

c. For purposes of the demonstration, the person ma y, upon E.O. approval, rely on any source of reliable and credib le 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;A - 84 iii. emissions test data derived from another in-us e engine that is configured and used in a substantially similar way to the in-use engine; iv. emissions test data used to meet the regulatory requirements of

ARB’s Verification Procedure for the non-verified e mission control strategy implemented; or v. emissions test data used to meet the requirement s for U.S. EPA certification for systems providing remanufacture t o a cleaner

standard.

The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any information he/sh e determines

is not reliable or credible.

4. Method C4 – Demonstrate to the E.O’s written satisf action that the in-use engine has not and will not operate 300 or more hou rs per calendar

year.

A person may comply under this method by demonstrat ing to the E.O.’s written satisfaction that the engine is a low use e ngine. This compliance method requires the person to provide records to th e E.O. of the engine’s total annual hours of operation for the ca lendar year immediately preceding the demonstration. The perso n must also provide documentation sufficient for the E.O. to pr oject future annual hours of operation for the engine. The person will be deemed in compliance with this method only if such records an d documentation

demonstrate to the E.O.’s written satisfaction that the in-use engine has not and will not operate 300 or more hours per cale ndar year.

(D) Compliance Dates.

Table 7 and Table 8 below set forth the compliance dates by which a person must meet the requirements of subsection (e)(6)(A). Table 7 applies only to vessels with a homeport outside of the SCAQMD; Tabl e 8 applies only to vessels with a homeport within the SCAQMD. The com pliance dates are set forth by engine model year and total annual hou rs of operation (for all uses) of the vessel in Regulated California Waters. For Table 7, 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 ye ar.

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

A person may determine an engine’s compliance date under this method by using the engine’s actual model year of manufact ure, as documented by the sales contract, invoice, purchase order, or other legitimate proofA - 85 of purchase for the engine. The actual model year of manufacture may also be shown on a label permanently affixed to the engine by the

manufacturer. In the event of a conflict between t he proof of purchase and the permanent label, the date of manufacture sh own 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 num ber 5 more years. To use this method, the person must use a diesel em issions 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 demonstrated to the E.O.’s wr itten satisfaction as emitting at least 25 percent less d iesel PM or NOx, and neither of those pollutants are increased by mo re 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 demo nstrate compliance with this paragraph by submitting to the E.O. emissions

data that demonstrate the non-verified emission con trol technology

achieves a diesel PM or NOx emission reduction of 2 5 percent or better, using the test methods specified in subsect ion (j). Upon approval of the E.O., the person may submit data de rived from the

use of other test methods to demonstrate to the E.O .’s written satisfaction the required 25 percent minimum emissi on reductions,

such as:

i. marine engine certification test data for the ha rbor craft propulsion or auxiliary engine, or engine manufacturer emissio n test data; ii. emissions test data derived from another engine that is configured and used in a substantially similar way to the in-u se engine on which the emission control strategy is to be used; or iii. emissions test data used to meet the regulator y requirements of

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

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

reliable or credible.A - 86 A person’s use of a DECS or VDECS, which meets the requirements of this provision, extends the engine’s compliance date to the compliance date for a similar engine that is five m odel years newer (i.e., the actual model year for the engine with th e emissions control strategy + 5).

[Note: For example, the owner of a 1995 model year engine on a tugboat, which has a homeport outside of SCAQMD and operates in Regulated California Waters for 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 th e requirements of this provision is implemented with this engine prio r to the 2014 nominal compliance date, the engine’s actual compli ance date would be extended to the compliance date for a 2000 model year engine (i.e., the effective model year = the 1995 model ye ar + 5). Accordingly, in that scenario, the engine’s effecti ve 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 compliance date by demonstrating, to the E.O.’s written satisfaction, that the engine is an existing pre-2004 model year engine that was rebuilt to conform with U.S. EPA Tier 1 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, is the actual year

in which the Tier 1 rebuild occurred.A - 87

Except as provided in subsection (c), beginning Jan uary 1, 2009, no person shall own, operate, sell, purchase, offer for sale, lease , rent, import, or otherwise acquire an in

- use ferry, excursion vessel, tugboat, towboat, push boat or multipurpose harbor craft with pre

- Tier 1 or Tier 1

- certified engines for use in any of the Regulated California Waters unless the vesse l’s in

- use pre

- Tier 1 or

Tier 1

- certified engines meet the requirement s of subsection (e)(6)(D) on or before the compl iance date set forth in Table 7

, or Table 8

, of subsection (e)( 6 )(C) below, whichever date is applicable. For purposes of this section, a multipurpose harbor craft’s total annual hours of o peration shall be the basis for determining that vess el’s compliance date in Table 7

, or Table 8 , of

subsection (e)(6)(C).

(C) [Reserved for Future Use].

(D) Compliance Schedules and Determination of Engine Model Year

.

Except as otherwise provided for in subsection (c), in this subsection (e)(6)(C), and in subsection (e)(6)(D), the followi ng compliance dates shall apply to all in

- use engines and persons subject to subsection (e)(6)(A).

Table 7 specifies the compliance dates, by engine model yea r and annual hours of operation, th at apply to in

- use engines in harbor craft subject to subsection (e)(6)(A) and for which the vessel’s hom eport is located outside the South Coast Air Quality Management District (SC AQMD). Table 8 contains the compliance dates, by engine model year and ann ual hours of operation, that apply to in

- use engines in harbor craft subject to subsection (e)(6)(A) and for which the vessel’s homeport is lo cated within SCAQMD.

For purposes of determining the applic able compliance date in Table 7

, or Table 8, the engin e’s model year shall be determined using any of the following:

1. the engine’s actual model year of manufacture;

2. the engine’s effective model year ba sed on the “Engine’s Model

Year + 5” method, (applicable only for vessels with home ports outsid e of
the SCAQM D) which is as follows:

The “Engine’s Model Year + 5” method extends the ef fective model year if the person uses an emissions control strategy pu rsuant to this paragraph. To use this method, the person must use an emission control strategy with the exist ing in

- use engine that reduces either diesel PM or NOx by a minimum of 25 percent and does not i ncrease either pollutant by more than 10 percent, relative to the emissions of those pollutants without the use of the emission control strategy. If the

emissi on control strategy is not a VDECS, the person shal l demonstrate compliance with this paragraph by submitting emissi ons data thatA - 88 demonstrate the non

- verified emission control technology achieves a diesel PM or NOx emission reduction of 25 percent o r bette r, using the test methods specified in subsection ( j ). Upon approval of the E.O., the person may submit data derived from the use of othe r test methods to demonstrate the required 25 percent minimum emissio n reductions,

such as:

a. marine engine certi fication test data for the harbor craft propulsion or auxiliary engine, or engine manufacturer emissio n test data; or

b. emissions test data derived from another engine tha t is configured and used in a substantially similar way to the in

- use engine on

whic h the emission control strategy is to be used; or

c. emissions test data used to meet the regulatory req uirements of the

ARB Verification Procedure for the non

- verified emission control strategy implemented.

A person’s use of an emissions control strateg y pursuant to this provision extends the engine’s effective compliance date to the compliance date for a similar engine that is five m odel years newer (i.e., the actual model year for the engine with the emiss ions control strategy + 5). For example, the o wner of a 1995 model year engine on a tugboat with a homeport outside of SCAQMD and which operate s in Regulated California Waters for 750 hours in 2013, would norm ally be required to meet a December 31, 2014 compliance date, as set fo rth in Table 7.

Howev er, if an emissions control strategy that meets the requirements of this provision is implemented with this engine prio r to the 2014 nominal compliance date, the engine’s effective compliance date would be extended to the compliance date for a 2000 model y ear engine (i.e., the 1995 model year + 5). Accordingly, in that scenari o, the engine’s effective compliance date would be December 31, 201 6; or

3. the engine’s effective model year based on the “Eng ine’s Tier 1 Rebuild Model Year” method, which is as foll ows;

This method requires the person to demonstrate to t he E.O.’s written satisfaction that the existing pre

- 2004 model year engine was rebuilt to conform with U.S. EPA Tier 1 standards prior to Jan uary 1, 2008. If the E.O. is thus satisfied, the effecti ve model year of the Tier 1 rebuilt engine for purp oses of determining the Table 7

, or Table 8

, compliance date shall be the actual year in which the Tier 1 rebuil d occurred

.A - 89

Table 7. Compliance Dates for Vessels with Homepor ts Outside SCAQMD

[Note: For example, if a 1982-model year diesel eng ine 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 wit h the requirements of subsection (e)(6)(D 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

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 - 90

Table 8. Compliance Dates for Vessels with Homepor t in SCAQMD

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

(D) Compliance Requirements:

Any person subject to the requirements of subsectio n (e)(6)(A) shall use at least

o ne o f the following compliance methods for each engine on the vessel b y the date specified in Table 7, or Table 8 above, whichever compliance date applies:

1. Method 1: Replacement of the in

- use pre

- Tier 1 or Tier

- 1

- certified engine with a U.S. EPA certifi ed Tier 2 or Tier 3 engine; the Tier 2 or

Tier 3 standard s that applies to the in

- use engine is are the U.S. EPA

standard s that would apply to the engine had that engine bee n a new engine at the time of the compliance date specified in subsection (e)(6)(A) . Tier 3

- certified engines may still be used to comply with this paragraph, even if Tier 4

- certified engines become available by the engine’s compliance date ; or

2

. Method 2 : Demonstrate to the E.O.’s written satisfaction t hat the existing pre

- Tier 1 o r Tier 1

- certified in

- use engine already meets the

Tier 2 or Tier 3 standard s that would apply to the in

- use engine had that engine been a new engine at the time of the co mpliance date specified in subsection (e)(6)(A). A d emonstration that the existing

e ngine m e ets the Tier 3 standard s may still be used to comply with this paragraph, even if Tier 4 standard s come into effect by the engine’s compliance date

. The in

- use engine may be rebuilt to a cleaner standard or implement a diesel emission control stra tegy to aid in meeting these standards. The demonstration may involve 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 13/31/2014

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 12/31/2020A - 91 using the test method specified in section ( j ) or through an alternative method approved by the Executive Officer. Upon app roval by the Executive Officer, other data may be used to dem onstrate emission reduction level, such as:

(a) the engine manufacturer’s certification test d ata or other

emissions test data for that in

- use engine; or (b) emissions test data derived from another engin e that is configured and used in a substantially similar way to the in

- use engine; or (c) emissions test data used to meet the regulator y requirements of

ARB’s Verification Procedure for the non

- verified emission control strategy implemented; or

3

. Method 3 : Demonstrate to the E.O’s written satisfact ion that the in

use engine has not and will not operate 300 or more hours per calendar year

.A - 92

(E) Compliance Extensions.

Pursuant to this subsection (e)(6)(E), a person s ubject to the requirements of subsection (e)(6)(C) may request in writing to the E.O. an extension to a compliance date set forth in subsection (e)(6)(D) ( i.e., extension to the “nominal” compliance date). The E.O. may grant an owner or operator the person an extension from a to the nominal compliance date deadline specified in subsect ion (e)(6)(C D ) for any one of the reasons set forth below. An ow ner or operator A

person granted such an extension shall be is deemed to be in compliance with the requirements of subsection (e)(6)(D C ) during the extension period, but only upon written authorization from the E.O. made pursu ant to this provision and only until the end of the extension period. During the extension, the person must meet all other requirements of this section. Immed iately upon the end of the extension period, the person must meet all the appl icable requirements of this section, including but not limited to, subsection ( 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 prov ision may not be co mbined with any other compliance date extensions, includin g those set forth in this provision and in subsection (e)(6)( C D )2 and (C D )3. And E e xcept as provided in paragraphs (e)(6)(E) 2 and (e)(6)(E) 3 below, under no circumstances shall may the E.O. grant more than one compliance extension f or any individual engine, set of engines, or harbor craft.

1. Change in Annual Hours of Operation . The E.O. may grant a onetime, maximum one year extension to the nominal compliance dates set forth in subsection (e)(6)(C D ), provided the applicant person demonstrates to the E.O.’s written satisfaction that the all of the following has have occurred:

a. The vessel owner or operator person reasonably determined the vessel engine’s nominal compliance date based on th e engine’s hours of operation two years before the nominal com pliance date; and

b. In the year immediately prior to the nominal co mpliance date,

the engine’s annual hours of operation significantl y increased significantly from the prior year such that the engine’s effecti ve nominal compliance date would have been accelerated from one compliance date to an earlier compliance date.A - 93

[Note: For example, let’s assume suppose an operator has a 1982-model

year engine on a tugboat, which has a homeport outs ide of SCAQMD and operates for 750 hours in Regulated California Wate rs in 2010. If it is reasonable for the operator to assume the annual ho urs of operation in 2011 will be similar to 2010, the operator would pr oject from Table 7 that the engine’s compliance date would be is December 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 Decemb er 31, 2011, according to Table 7. The one-year extension would, therefor e, extend the engine’s actual compliance date back to what it would have b een without the change in hours of operation (i.e., back to December 31, 2 012).].

2. No Suitable Engine Replacement for Harbor Craft . The E.O. may
grant to an owner or operator a person a one year extension, which can be renewed annually, provided only if the owner or operator

person demonstrates to the E.O.’s written satisfaction tha t there is no suitable Tier 2-certified or Tier 3-certified repla cement engine available anywhere that can be used in his/her the person’s specific vessel, and

he/she the person cannot otherwise meet the requirements of subsection (e)(6)(C)

.

The E.O., in his/her sole discretion, may use any i nformation available to the E.O. to rebut the person’s demonstration. For purposes of this paragraph, the E.O. may only considerations for deem an engine’s suitability as suitable to replace an existing engine are whether if the replacement engine 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 no t cause the vessel to violate U.S. Coast Guard or other applicable saf ety regulations. ;
t T he E.O. may not consider the cost of the replacement engine, by itself or including installation and downtime costs

, shall not be a valid basis for replacement in determining its suitability as a replacement

.

The application for and issuance of an initial exte nsion and subsequent extensions pursuant to this paragraph shall be are subject to the following requirements:

a. For an initial extension and all subsequent annu al extensions to be granted pursuant to this paragraph, the E.O. sha ll follow the same procedures for applying, determining completen ess, allowing public review and considering public comme nts, taking final action, and publishing E.O. decisions that ar e set forth in subsection (g f ) for Alternative Control of Emissions ( ACE) applications;A - 94 b. The E.O. shall consider all information submitte d by the public, including but not limited to, information related t o the availability of replacement engines suitable for the applicant’s person’s vessel;

c. Except for the engine(s) for which the extension is sought, the applicant shall person must demonstrate that all other engines subject to the owner or operator’s person’s direct control meet the requirements of subsection (e)(6);

d. The person must submit the application for an extension shall

be submit ted to and so that it is received by the E.O. no later

than six 6 months before the nominal compliance date of the engine for which the extension is requested;

e. The person must identify in T t he application shall identify each engine for which the extension is requested;

f. For each engine identified in paragraph (E)2. e 2 above, the
person must applicant shall provide in the application a detailed description of the reasons and factors that serve a s the basis for the applicant ’ s claim that no suitable replacement engines are is available. This description shall must include, but not be limited

to at a minimum , detailed engineering diagrams, calculations, and citations to applicable U.S. Coast Guard regula tions that support the applicant’s person’s claim that there are no suitable replacement engines available.

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

i. All procedures specified in paragraph (e)(6) (E) 2.a and (e)(6)(E) 2.b above are followed;

ii. The application for an additional extension d emonstrates 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 s ooner than six 6 months but no later than 2 months before the expira tion of the previous extension;

iv. The application identifies the engine(s) for which the additional extension is requested;A - 95

v. For each engine identified in paragraph (e)(6) (E)2.g. iv. above, the applicant shall person must provide in the application a detailed description of the reasons and factors that serve as the basis for the applicant ’s claim that suitable replacement engines remain unavailable. This descr iption

shall must include, but not be limited to at a minimum

, detailed engineering diagrams, calculations, and ci tations to applicable U.S. Coast Guard regulations that suppor t the applicant’s person’s claim that there are still no suitable replacement engines available.

3. Equipment Manufacturer Delays or Installation Diffi culties . Upon written request, by a vessel owner or operator, the E.O. may grant to a

person a six 6 -month extension to the nominal compliance date set forth in subsection (e)(6)(C D ), provided all the following criteria are

met:

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

b. the purchase order identified in subpart paragraph a above was placed with the manufacturer no later than six 6 months before the engine’s nominal compliance date;

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

and

d. the applicant for the extension provides documen tation 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 sol e discretion, use any information available to rebut any of the documentation submitted pursuant to subparts a thro ugh c

above.

4. Multiple Engines on Multiple Vessels Within Same Fl eet 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, th e E.O. grant to the person an extension to the nominal compliance d ate(s) for engines on vessels within such fleets, as set forth below;A - 96 a. For each set of engines on two or more vessels with compliance dates of 2009 or 2010 (a “set” means 2 or more engi nes), the E.O. may grant a one-time extension of the complian ce date to December 31, 2013, provided the E.O. receives and a pproves a compliance schedule from the person that meets the requirements set forth below:

i. The compliance schedule is received by the E.O. no later than December 31, 2009;

ii. For each year, up to and including 2013, that t he extension will be in effect, the compliance schedule must ide ntify, at a minimum, the engines on specified vessels in the fl eet that will meet the requirements of subsection (e)(6)(C) within any given year;

iii. The compliance schedule must show that all eng ines with compliance dates of 2009 or 2010 on the specified v essels in the fleet will be in compliance with subsection (e)(6)(C) by December 31, 2013. [Note: For example, an approvab le plan may show that 25% of these engines on the spec ified vessels in a fleet will be in compliance in 2010, 5 0% 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 implem enting this provision.

b. For each set of engines on two or more vessels with a compliance date of 2011 or later (a “set” means 2 or more engi nes), the E.O. may grant to a person a one-time, maximum one-year extension of the nominal compliance date. To receive an exte nsion under this provision, the person must submit a written re quest to the E.O. that meets the following requirements:

i. The request must be received by the E.O. no lat er than

December 31st of the year immediately 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 fleet that are subject to the requested extension.

For all engines within a person’s fleet that have n ot been granted an extension pursuant to paragraphs a or b above, the compliance dates for such engines shall remain as set forth in subsection (e)(6)(D).A - 97 4

. Same Fleet Vessel Engines that Share Compliance Date s

. Upon written request, the E.O. may grant to owners or op erators of multiple

vessels in the same fleet that have engines with the same compliance

date a one

- time, maximum one

- year extension to the compliance date set forth in subsection (e)(6)(C)

, for each set of engines that have the same compliance date. For all other engines on the vessels not subject to an extension granted pursuant to this pa ragraph, the compliance d ates for such engines shall remain as set forth in subsection (e)(6)(C).

(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 specified in this paragraph shall apply to any person’s use of a DECS pursuant to subsections (e)(5) and or (e)(6) and are in addition to any other applicable requirement s:

.

1. Once the DECS is installed or otherwise employed on a person’s

vessel , the owner or operator person shall must continue to operate and maintain the DECS, in accordance with the manuf acturer’s directions, to achieve the original level of emissi on reductions that the DECS was designed and intended to achieve;

.

2. In the event a DECS fails, breaks down, or is other wise damaged such

that it cannot be repaired (collectively referred to hereinafter as “fail” or “failure”), the vessel owner or operator shall must , within 90 days of the DECS failure, either

do at least one of the following:

a. repair the DECS to good working order;

b. replace the failed DECS with another working DECS, if it

cannot be repaired ; or

c. employ another method that meets the requirements o f

subsection (e)(6)(D C ) and other applicable provisions of this section, if the DECS cannot be repaired

.

3. The determination in subpart 2.b and 2.c above of whether a DECS cannot be repaired shall may only be from made by either the DECS

manufacturer or an authorized dealer.

4. For each replacement DECS installed under subpart 2.b above, T the
owner or operator

person must shall provide to the E.O. the same documentation for the replacement DECS that was req uired for theA - 98 DECS that failed, and the person must shall obtain the same E.O. approvals that were required with the failed DECS.

(f) Alternative Control of Emissions (ACE).

(1) Requirements

.

(A) The purpose of this subsection is to allow any a person (“person” or “applicant”) the option of complying with the requi rements of this subsection in lieu of the requirements of subsectio n (e). Under this subsection, alternative emission control strategies (AECS) can be implemented as an alternative control of emissions (ACE), provided they result in no greater emissions, expressed in pounds , of diesel PM and NO
x and n o increase of 10 percent or more of any other air p ollutants from the engines over the applicable calendar year, relative to the emissions that would have occurred under compliance with subsectio n (e). As set forth in this subsection, a person may be deemed in complian ce with subsection (e) by implementing an alternative emission control strategy(ies) (AECS) approved by the E.O. In no case may the E.O. appro ve an AECS that results in or has the potential to result in any in crease of diesel PM and NOx emissions or any increase in emissions greater than 10 percent for any other pollutant, relative to the emissions of d iesel PM, NOx, and other pollutants that would have occurred under complianc e with subsection (e).

(B) An applicant wishing to participate in an ACE m ay include one or more harbor craft in the ACE, but an the applicant shall may only include harbor craft that the person owns or operates under their the person’s direct

control.

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

(D) Harbor craft included in an ACE must continue to be included in and operated pursuant to the approved ACE for the duration of the ACE.

(E) AECS may include, but are not limited to, any c ombination 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 emis sions.A - 99

(F) A person complying under this provision must ob tain E.O. approval of an

The ACE application that demonstrates ing compliance with this subsection

shall and contains , at a minimum, the following information:

1. the company name, address, and contact informati on; 2. the harbor craft and engine(s) subject to the AC E, including the vessel name and identification number(s), engine ma ke, model, and serial numbers, and other information that uniquely identify the engine; 3. documentation, calculations, emissions test data , or other information

that establishes the diesel PM and NO
x reductions, expressed in pounds, shall be are equal equivalent to or greater than the emission reductions that would have been achieved upon compl iance with subsection (e), including but not limited to the re quirements specified in subsection (e)(6)(C) and (6)(D); and 4. the proposed recordkeeping, reporting, monitorin g, and testing procedures that the applicant plans to will use to demonstrate continued compliance with the ACE.

(G) For each ACE, the E e mission reduction estimates calculations demonstrating equivalence with the requirements of subsection (e) shall

may include only those diesel PM and NO
x emissions only from harbor craft to which the ACE applies that with its home port within a single specific specified California air district, or another defined geograp hic area approved by the E.O.

(H) Any owner or operator A person subject to an approved ACE shall must maintain operating records in a the manner and form as specified by the E.O as an element of any approved ACE. Required re cords shall must include, but are not limited to at a minimum :

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

3. emissions test results.

Any owner or operator

A person subject to an approved ACE shall must retain records and reports on each vessel or nearby at an office at the vessel’s homeport for the lifetime of each engine and shall 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 ACE shall may not include reductions that are otherwise required by any local, State, or federal rule, regulation, or statute, or that are achieved or estimated from equipment not located in the region to which the ACE applies.A - 100

(J) No person A person subject to an approved ACE may not operate any
harbor craft under an the ACE unless the applicant person has first been notified in writing by the E.O. that of the ACE’s approval application has been approved . Prior to such approval, the applicants shall must comply with the provisions of this section, including the requirements in subsection (e)(6)(C) and (6)(D).

(2) Application Process.

(A) Applications for an ACE shall must be submitted in writing to the Executive

Officer for evaluation.

(B) The E xecutive Officer E.O. shall establish an internet site (“ACE internet site”) in which all documents pertaining to an ACE application shall be made available for public review. The Executive Of ficer E.O. shall also provide a copy of all such documents to each person who has requested copies of the documents; these persons shall be tre ated as interested parties. The Executive Officer E.O. shall provide two separate public comment periods during the ACE Application process, as specified in subsection (f)(2)(D) and (f)(2)(E).

(C) Completeness Determination.

Within 15 days after receiving an ACE application, the Executive Officer

E.O. shall notify an applicant whether the application is deemed sufficiently complete to proceed with further evalu ation. If the application is deemed incomplete, the notification shall identi fy the application’s

deficiencies. The Executive Officer E.O. shall have an additional 15-day period for reviewing each set of documents or infor mation submitted in response to an incomplete determination. Nothing i n this subsection prohibits the Executive Officer E.O. from requesting additional information from the applicant, during any part of the ACE appl ication process, which

the Executive Officer

E.O. determines is necessary to evaluate the application.

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

After an ACE application has been deemed complete, the Executive

Officer E.O. shall provide a 30-day public comment period to re ceive comments on any element of the ACE application and whether the

Executive Officer

E.O. should approve or disapprove the ACE application based on the contents and merits of the application . The Executive

Officer E.O. shall notify all interested parties of the followi ng:

1. the applicant(s);A - 101 2. the start and end dates for the 30-day first com ment period; and

3. the address of the ACE internet site where the a pplication is posted.

The Executive Officer

E.O. shall also make this notification available for public review on the ACE internet site.

(E) Proposed Action and 15-Day Second Public Commen t Period.

Within 30 days after the first public comment peri od ends, the Executive

Officer E.O. shall notify the applicant and all interested part ies of ARB’s proposed approval or disapproval. This notificatio n shall propose to approve the application as submitted, disapprove th e application, or approve the ACE application with modifications as d eemed necessary by

the Executive Officer

E.O . The notification shall identify the start and en d dates for the 15-day second public comment period.

During the second public comment period, any perso n may comment on
the Executive Officer

E.O. ’s proposed approval or disapproval of the ACE application and any element of the application. Th e Executive Officer E.O. shall also make this notification available for pub lic review on the ACE

internet site.

(F) Final Action.

Within 15 days after the second public comment peri od ends, the

Executive Officer

E.O. shall take final action to either approve or deny an ACE application and shall notify the applicant acco rdingly. If the application is denied or modified, the Executive Of ficer E.O. shall state the

reasons for the denial or modification in the notif ication. The notification to the applicant and approved ACE plan, if applicable, shall be made available to the public on the ACE internet site. In addition, the Executive

Officer E.O. shall consider and address all comments received d uring the first and second public comment periods, and provid e responses to each

comment on the ACE internet site.

(G) Renewal of an Approved ACE.

An applicant can may apply for renewal of an approved ACE by forwarding the Executive Officer E.O. updated information for all elements of the approved ACE for review and re-approval. Th e Executive Officer applicant must submit the renewal application so th at the E.O. must

receives all the ACE renewal applications no later than 30 days prior to

the end of the ACE compliance period.A - 102

(H) Notification to the Exe cutive Officer E.O. of Changes to an Approved ACE.

An applicant A person with an approved ACE must shall notify the

Executive Officer

E.O. in writing within 30 days upon learning of any

information that would alter the emissions estimate s submitted during any part of the ACE application process. If the Execut ive Officer E.O. has reason to believe that an approved ACE has been gra nted to a person that no longer meets the criteria for an ACE, the E xecutive Officer E.O. may, pursuant to subsection (f)(3) below, modify or revoke the ACE as necessary to assure that the applicant and subject vessel(s) shall 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 ho lder, the Executive Officer E.O. may revoke or modify, as needed, an approved ACE if any of the following apply:

(A) there have been multiple violations of the ACE pr ovisions or the

requirements of the approved ACE plan; or

(B) if the Executive Of ficer E.O. has reason to believe that an approved ACE has been granted that no longer meets the criteria or requirements for an ACE; or

(C) the applicant person can no longer comply with the requirements of the

approved ACE in its current form.

Public notification of a revocation or modificati on of an approved ACE shall be

made available on the ACE internet site.

(g) Recordkeeping Requirements.

Beginning January 1, 2009, an the owner or operator of a harbor craft shall must maintain the records specified in this subsection o n the vessel or at the vessel’s homeport for the life of each engine subject to thi s section. An The owner or operator

shall must provide such records for inspection to an agent or employee of ARB upon request for all harbor craft subject to this sectio n. Records can may be provided as a hard copy, electronic, or any alternative reporting strategy approved by the E.O. Records provided by the person under this provision may approve an alternative reporting strategy , and shall must include, at a minimum, the following:

(1) Owner or Operator Contact Information: (A) Company name; (B) Contact name, phone and fax number, address, e- mail address; (C) Address where vessel is registered; andA - 103

(D) Reporting year.

(2) Vessel information: (A) Harbor craft name; (B) Specify vessel use(s) (ferry, excursion vessel, tugboat, ocean-going tugboat, towboat, push boat, work boat, commercial fishing vessel, charter fishing vessel, crew and supply vessel, pilot vesse l, or other if none of the preceding apply); (C) Vessel home port; (D) Vessel build year; (E) U.S. Coast Guard D d ocumentation N n umber; (F) California Fish and Game L l icense N n umber; (G) International Maritime Organization (IMO) N n umber; (H) Call Sign N umber; and (I) Maritime Mobile Service I i dentity N n umber.

(3) Engine Information (for each diesel engine on t he vessel): (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 det ermine, 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 engine (propulsion or auxiliary engine); (B) Total annual hours of operation, based upon rea dings of the nonresettable hour meters for previous calendar year p er engine (for engines without an hour meter before 2009, provide an estim ate); (C) Estimated annual fuel usage per engine; and (D) 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.A - 104

(5) Control Equipment (if applicable): (A) Type of diesel emission control strategy; (B) Manufacturer of installed diesel emission contr ol strategy; (C) Model of installed diesel emission control stra tegy; (D) Level of control – air pollutants controlled an d percent reductions; (E) Emission control serial number; and (F) Date control equipment installed.

(6) Maintenance records for each installed engine a nd 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 engine rebuild completed.

(7) The retirement date for For each near-retirement vessel for which an owner or operator is claiming an exemption pursuant to subse ction (c)(13), the retirement

date of each of the vessels

.

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

(A) the name and contact information (representativ e, address, and phone number) for the manufacturer of the emission contro l strategy; (B) the name and type of emission control strategy; (C) the installation date of the emission control s trategy; and, (D) if a VDECS is not being used for this 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 purchase ord er 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 ( 6)(D).

(10) For each engine an owner or operator claims to have replaced, written documentation that the engine has been dismantled o r destroyed.

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

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

(13) All records specific to a Best Available Contr ol Technology BACT approved by the E.O. pursuant to subsection (e)(5).A - 105

(h) Initial and Compliance Plan Reporting Requirements.

(1) Initial Reporting of California Harbor Craft Fleet. By February 28, 2009, each a person subject to this section must owner or operator of any harbor craf t vessel

shall 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” means the total population of ha rbor craft under the person’s direct control of the owner or operator as of January 1, 2009.

(2) Compliance Plan. By February 28, of 2009, the year vessel engine compliance is required, each owner or operator of any harbor craft a person subject to the requirements of subsection (e)(6)(C) and (D) shall must submit a Compliance Plan to the E.O. that describes in detail the engin e replacements, rebuilds, upgrades, use of DECS, and any other measures the o wner or operator person plans to use to meet the requirements of subsection (e)(6)(C) and (6)(D) for each of the owner or operator’s person’s engines and harbor craft. The owner or
operator person may revise the Compliance Plan, as needed, but the owner or operator shall person must notify the E.O. within 10 working business days of any changes to the Compliance Plan after the initia l Compliance Plan is submitted. The Compliance Plan is for the E.O.’s i nformational and planning use only, and the substantive contents of the plan is are not binding on either the E.O. or the owner or operat or that person who submitted the Compliance Plan. The E.O.’s receipt and acceptance of a submitted Co mpliance Plan shall not constitute or be interpreted as evidence of complia nce with the requirements of subsection (e)(6)(C) or (6)(D).

(3) Demonstration of Compliance . By no later than the applicable compliance date specified in subsection (e)(6)(C D ), the owner or operator of an in

- use harbor craft

a person subject to the requirements of subsection (e) shall must provide the following information to the Exec utive Officer E.O. :

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

(B) The implementation date and the emission contro l strategy implemented for each engine in accordance with the requirements of subsection (e)(6)(C D ) and (e)(6)(D C ), respectively, for purposes of demonstrating comp liance.

(4) Reporting For Change Of Annual Hours Of Operation, Vessel Category/Use, Transfers Of Vessels, Or A Change Of Ownership Of V essel Or Engine

.

(A) The o wner or operator shall A person subject to this section must 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 catego ry/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 party in control orA - 106 possession of the engine or vessel after the transa ction shall be is responsible for meeting the requirements of this pa ragraph;

(B) Within 90 days of a significant change of annua l hours of operation, vessel category/use, purchase, lease, rental, or change of ownership, or by the earliest applicable compliance date specified in su bsection (e)(6)(C D ), whichever is later, the owner or operator of vessels a person subject to subsection (e)(6) shall submit a new Compliance Pla n with the updated information pursuant to the Compliance Plan require ments specified in paragraph 2 above.

(i) Violations.

(1) Any A person who is subject to this section and commits a violation of any provision, standard, criteria or requirement in thi s section is subject to the penalties, injunctive relief, and other remedies sp ecified in Health and Safety

Code H&S section 42400 et seq.; H&S section 42402 et seq.; other applicable sections in the Health and Safety Code; and other a pplicable provisions as provided under California law for each violation. Nothing in this section shall be construed to limit or otherwise affect any applicab le penalties or other remedies

available under federal law.

(2) Any failure to meet any provision, standard, cr iteria or requirement in this section, including but not limited to the applicabl e emission limits; recordkeeping requirements; and Alternative Control of Emissions ( ACE) provision, including the requirements of any approv ed ACE plans, shall constitute a single, separate violation of this section for ea ch hour that a person operates an ocean-going vessel within the Regulated Californ ia Waters until such provision, standard, criteria or requirement has be en met.

(3) Any A person who is subject to this section is liable for meeting the requirements of this section, notwithstanding any contractual ar rangement that person may have with any third-parties.A - 107

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

(1) Diesel PM, NO
x , NO, CO, HC, NMHC, and CO 2 testing shall must be done in accordance with the applicable method specified in the following procedures: International Organization for Standardization (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 Part 94.

(2) The Executive Officer E.O. may approve in writing any alternative test method s not specified in paragraph (1) above that the metho d’s proponent has demonstrated to the E.O.’s satisfaction provides eq uivalent or better results to the methods in paragraph (1).

(k) Right of Entry.

An agent or employee of the Air Resources Board ARB has the right of entry to board any harbor craft for the purpose of inspectin g propulsion and auxiliary engines, emission control strategies, fuel systems and fuel storage; collecting fuel sample(s) not to exceed one liter per fuel tan k; and acquiring and inspecting records required pursuant to this section.

(l) Severability

.

If any subsection, paragraph, subparagraph, senten ce, clause, phrase, or portion of this regulation is, for any reason, held invalid , unconstitutional, or unenforceable by any court of competent jurisdictio n, such portion shall be deemed as a separate, distinct, and independent pro vision, and such holding shall not affect the validity of the remaining port ions of the regulation.

(m) Submittal of Documents.

(1) All documents required under this regulation mu st to be submitted to the

Executive Officer shall be submitted 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 associated with compliance with this section may be approved by the Executive Officer E.O. upon request, provided such electronic submittals use digital sig natures that meet the requirements specified in Government Code section 1 6.5. The ExecutiveA - 108 Officer E.O. may request the submittal of a hard copy of any el ectronic

submittal.

NOTE: Authority cited: Sections 39600, 39601, 39650 , 39658, 39659, 39666, and 41511, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666, 41510, and 41511, Health and Safety Code.