California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93118.5 - Airborne Toxic Control Measure for Commercial Harbor Craft

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Purpose and Intent.
The purpose and intent of this section is to reduce
						diesel particulate matter (PM), oxides of sulfur (SOx),
						oxides of nitrogen (NOx), and greenhouse gas (GHG)
						emissions from diesel propulsion and auxiliary engines on harbor craft that
						operate in any of the waters subject to this section ("Regulated California
						Waters"). This section implements provisions 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 risk from ports and the movement of
						goods in California. This Control Measure also ensures that commercial harbor
						craft do not create excess visible emissions. California's commercial harbor
						craft operations are largely situated in the vicinity of at-risk communities
						that directly benefit from localized reductions of NOx and PM emissions. This
						contributes to meeting community health goals as set forth in Assembly Bill 617
						(Garcia, Stats. 2017, ch. 136). Furthermore, NOx and PM emission reductions
						contribute to meeting California's State Implementation Plan obligations for
						attainment, and further CARB's obligations under sections
						39660 et seq. and 43013 et seq. of
						the Health & Safety Code. Additionally, use of shore power has a benefit of
						simultaneously reducing toxic, criteria pollutant, and GHG emissions. This
						contributes to meeting California's GHG emission reduction targets established
						in Assembly Bill 32 (Nunez, Stats. 2006, ch. 488) and Senate Bill 32 (Pavley,
						Stats. 2016, ch. 249).
(b)
Applicability.
(1) Except as
					 provided in subsections (b)(6) and (c), this section applies to any person who
					 sells, supplies, offers for sale, purchases, owns, operates, leases, charters,
					 or rents any new or in-use diesel fueled harbor craft that is operated in any
					 Regulated California Waters, and commencing January 1, 2023, to any new or
					 in-use harbor craft, regardless of fuel type.
(2)
Engine Subject to Multiple CARB
					 Regulations.
In the event an engine that is permanently affixed to a
					 harbor craft is subject to the regulations cited in subsection (2)(A) or
					 (2)(B), the requirements of this section shall be controlling.
(A) Regulations for portable compression
					 ignition (CI) engines and equipment (sections
					 93116-93116.5, title 17,
					 California Code of Regulations (CCR)).
(B) Regulations for in-use off-road diesel
					 vehicles (sections
					 2420-2427, title 13,
					 CCR).
(3) This section
					 applies to towboats and tugboats engaged in or intending to engage in the
					 service of pulling, pushing, or hauling alongside tank vessels or tank
					 barges.
(4) This section applies to
					 any ocean-going tugboats or towboats and supersedes the requirements of
					 13 CCR
					 sections 2299.2 and
					 2299.3 and
					 17 CCR sections
					 93118.2 and
					 93130-93130.20 in their entirety
					 for ocean-going tugboats or towboats. Commencing January 1, 2023, this section
					 also applies to ATB tug-barge combinations and petrochemical tank
					 barges.
(5) Nothing in this section
					 shall be construed to amend, repeal, modify, or change in any way any other
					 applicable State, U.S. Coast Guard, or other federal requirements. Any person
					 subject to this section shall be responsible for ensuring compliance with both
					 U.S. Coast Guard regulations and the requirements of this section, and any
					 other applicable State and federal requirements.
(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).