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 93130.17 - Innovative Concept Compliance Option

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section sets forth a compliance option to provide a
						regulated entity a way to incorporate an innovative concept to reduce emissions
						from sources in and around the regulated port or marine terminal at a level
						equivalent or greater to what would be achieved by reducing emissions from
						vessels under sections
						93130.7 and
						93130.9 of this Control
						Measure.
As set forth in this section, one or more innovative
						concepts can be implemented as a compliance pathway for meeting the
						requirements of this Control Measure, provided the innovative concepts result
						in emission reductions of PM 2.5, NOx, and ROG that are at least equivalent to
						the emission reductions that would have occurred using a CAECS.
(a) General requirements for using an
					 innovative concept compliance option.
(1)
					 Applicants seeking approval of an innovative concept must submit their
					 applications to the Executive Officer on or before the following dates in Table
					 5 for each vessel category:
Table 5: Innovative Concept Application Due
						Date
Vessel Type
Due Date
Container/ Reefer
December 1, 2021
Passenger
December 1, 2021
Ro-ro
December 1, 2021
LA/LB Tankers
December 1, 2021
Other Tankers
December 1, 2021
(2) The proposed innovative concept must
					 reduce NOx, PM 2.5, and ROG emissions equivalent to or greater than the level
					 that would have been achieved by the Control Measure, while not increasing GHG.
					 Emission reductions are verified each year through annual reporting in section
					 93130.17(d) of
					 this Control Measure.
(3) The
					 proposed innovative concept must achieve emissions reductions of NOx, PM 2.5,
					 and ROG that, as of the date the compliance period begins, are early or in
					 excess of:
(1) any other state, federal or
					 international rule, regulation, statute, or any other legal requirement
					 (including any requirement under a Memorandum of Understanding with a
					 government entity), that is in effect, has been approved, or has been noticed;
					 or
(2) of an emission reduction
					 strategy identified in an AB 617 Community Emissions Reduction Program that has
					 been approved by CARB's Governing Board.
(4) The proposed innovative concept must
					 achieve reductions in and around the California port or marine terminal at
					 which the vessel visits take place for which the innovative concept is used.
					 The reductions must be at the same port or marine terminal, within adjacent
					 communities, or overwater within three nautical miles of the port or marine
					 terminal.
(5) The proposed
					 innovative concept must not increase emissions at other ports or marine
					 terminals.
(6) The proposed
					 innovative concept must achieve emissions reductions that exceed any reductions
					 otherwise required by law, regulation, or legally binding mandate, and that
					 exceed any reductions that would otherwise occur in a conservative
					 business-as-usual scenario. For purposes of this section, "business as usual"
					 means the set of conditions reasonably expected to occur within the relevant
					 area in the absence of the incentive provided by the innovative concept
					 provisions of this Control Measure, taking into account all current laws and
					 regulations, as well as current economic and technological trends. The proposed
					 innovative concept must achieve reductions that are real, quantifiable,
					 verifiable, and enforceable where:
(A) "Real"
					 means that reductions result from a demonstrable action or set of actions, and
					 are quantified using appropriate, accurate, and conservative methodologies that
					 account for all emissions within the innovative concept;
(B) "Quantifiable" means the ability to
					 accurately measure and calculate reductions relative to a project baseline in a
					 reliable and replicable manner for all emissions within the innovative
					 concept;
(C) "Verifiable" means
					 that any emission assertions are well documented and transparent such that it
					 lends itself to an objective review; and
(D) "Enforceable" means the authority for
					 CARB to hold a particular party or parties liable and to take appropriate
					 action if any of the provisions of this article are
					 violated.
(7) No
					 innovative concept shall have a compliance period greater than five years. If
					 any law, regulation, or legally binding mandate (including any requirement
					 under a Memorandum of Understanding with a government entity) requiring
					 emission reductions comes into effect, is approved, or is noticed, which would
					 affect the innovative concept, during an innovative concept's compliance
					 period, then the innovative concept may continue to claim those emission
					 reductions for the remainder of the compliance period, but the innovative
					 concept may not be renewed for another compliance period. If an innovative
					 concept has not been approved prior to the law, regulation, or legally binding
					 mandate (including any requirement under a Memorandum of Understanding with a
					 government entity) going into effect, or being approved, or being noticed, or
					 the law, regulation, or legally binding mandate goes into effect before the
					 innovative concept's compliance period renews, then only emission reductions
					 that are in excess of what is required to comply with those laws, regulations,
					 and/or legally binding mandates may be attributed toward the innovative
					 concept. Upon completion of a compliance period, the Executive Officer may
					 approve another compliance period of up to five years and the approved
					 innovative concept shall continue to be effective provided the following
					 requirements are met:
(A) The applicant
					 provides an updated application to the Executive Officer at least 180 calendar
					 days prior to the end of the first compliance period;
(B) The updated application shall address all
					 items from section
					 93130.17(b)(1)
					 and also clearly show that compliance with this subsection will continue for
					 the next compliance period; and
(C)
					 The Executive Officer approves the updated application for an additional
					 compliance period.
(8) No
					 innovative concept shall be extended for another compliance period if:
(A) The Executive Officer concludes that any
					 of the circumstances listed in subsection
					 93130.17(f)(1) of
					 this Control Measure are present; or the applicant elects to cancel an approved
					 innovative concept. If this occurs, vessel operators and terminal operators
					 that had intended to use the canceled innovative concept shall comply with the
					 provisions of this Control Measure, including the emission limits in sections
					 93130.7 and
					 93130.9 of this Control Measure.
					 An innovative concept that is canceled prior to the end of its approved
					 compliance period shall have its compliance period adjusted to end at the
					 effective date of cancellation.
(9) Visits made under an innovative concept
					 are not counted toward a fleet's VIEs or terminal operator's TIEs in section
					 93130.11 of this Control Measure,
					 and are ineligible for using the remediation fund provisions in section
					 93130.15 of this Control
					 Measure.
(10) Reductions can be
					 used toward compliance as specified in this section only in the calendar year
					 in which they are achieved or the following calendar year.
(11) Early reductions achieved through an
					 innovative concept that occur before a vessel or terminal's first compliance
					 period can be used towards compliance during the first compliance period of up
					 to five years. However, early reductions are only applicable for the initial
					 compliance period, and will expire when the initial compliance period
					 ends.
(12) No innovative concept
					 shall be partially or fully funded with a public incentive program.
(13) Any person complying with this Control
					 Measure using an approved innovative concept shall maintain records in a manner
					 and form as specified by the Executive Officer in the approved innovative
					 concept. Required records include, but are not limited to, information on fuel
					 usage, routes, port calls, maintenance procedures, and emissions test results.
					 Such records and reports shall be retained for a period of not less than five
					 years and shall be submitted to the Executive Officer in the manner specified
					 in the approved innovative concept and upon request by the Executive Officer,
					 either within 10 calendar days or by a later date approved by the Executive
					 Officer on a case-by-case basis.
(14) No person shall comply with this section
					 by operating under an innovative concept unless the applicant has first been
					 notified in writing by the Executive Officer that the innovative concept
					 application has been approved. Prior to such approval, vessel operators and
					 terminal operators intending to use the innovative concept shall comply with
					 the provisions of this section, including the emission limits in sections
					 93130.7 and
					 93130.9 of this Control
					 Measure;
(15) The innovative
					 concept must be implementable within the timeframe needed to be used for
					 compliance with this Control Measure, including any time needed for
					 environmental review (if applicable); and
(16) No person shall comply with this section
					 by operating under an innovative concept that has been revoked as provided in
					 section 93130.17(f) of
					 this Control Measure.