California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 5.1 - Standards for Fuels for Nonvehicular Sources › Section 2299.5 - Fuel Requirements, Emission Limits and Other Requirements for Commercial Harbor Craft

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				January 1, 2023, any person who sells, supplies, offers for sale, purchases,
				owns, operates, leases, charters, or rents any new or in-use diesel fueled
				Harbor Craft, as defined in section
				93118.5(d)(39),
				title 17, California Code of Regulations (CCR), must comply with the low sulfur
				fuel use requirement in section
				93118.5(e)(1) and
				other requirements in section
				93118.5, title 17, CCR when
				operating the craft within Regulated California Waters, as defined in section
				93118.5(d)(68),
				title 17, CCR, except as provided in sections
				93118.5(b), (c), and
				(e)(1)(F), title 17, CCR. Notwithstanding the
				definition of Harborcraft in section
				2299(b)(4), title
				13, CCR, and in section
				93117(b)(4),
				title 17, CCR, the low sulfur fuel requirement in section
				93118.5(e)(1),
				title 17, CCR applies to an ocean-going tugboat or towboat that has a
				"registry" (foreign trade) endorsement on its United States Coast Guard
				certificate of documentation or that is registered under the flag of a country
				other than the United States, except when on voyages comprised of "continuous
				and expeditious navigation" through Regulated California Waters, as provided in
				section 93118.5(c)(1),
				title 17, CCR. This section shall not be construed as expanding or limiting
				either the application or requirements of section
				93118.5, title 17, CCR, but is
				intended to alert affected persons of the Harbor Craft fuel use requirement and
				other provisions in that section.
(b) On and after January 1, 2023, any person
				who sells, supplies, offers for sale, purchases, owns, operates, leases,
				charters, or rents any new or in-use Harbor Craft, as defined in section
				93118.5(d), title
				17, CCR, must comply with the renewable diesel fuel requirement in section
				93118.5(e)(7),
				and other requirements in section
				93118.5, when operating the craft
				within Regulated California Waters, as defined in section
				93118.5(d),
				except as provided in sections
				93118.5(b), (c), and
				(e)(7)(B). Notwithstanding the definition of
				"harbor craft" in section
				93117(b)(4) and
				section 2299(b)(4), title
				13, CCR, the renewable diesel fuel requirement in section
				93118.5(e)(7)
				applies to all dredges, articulated tug barges, and petrochemical tank barges,
				and an ocean-going tugboat or towboat that has a "registry" (foreign trade)
				endorsement on its United States Coast Guard certificate of documentation or
				that is registered under the flag of a country other than the United States,
				except when on voyages comprised of "continuous and expeditious navigation"
				through Regulated California Waters, as provided in section
				93118.5(c)(1).
				This section shall not be construed as expanding or limiting either the
				application or requirements of section
				93118.5, but is intended to alert
				affected persons of the Harbor Craft fuel use requirement and other provisions
				in that section.
1. New section
				  filed 10--20--2008; operative 11--19--2008 (Register 2008, No.
				  43).
2. Amendment filed 6--20--2011; operative 7--20--2011 (Register
				  2011, No. 25).
3. Amendment of section heading, section and NOTE
				  filed 12-30-2022; operative 12-30-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 52).
Note: Authority cited: Sections
					 38505,
					 38510,
					 38560,
					 38566,
					 38580,
					 39600,
					 39601,
					 41511,
					 43013,
					 43018
					 and
					 43019.1,
					 Health and Safety Code. Reference: Sections
					 38505,
					 38510,
					 38560,
					 38566,
					 38580,
					 39000,
					 39001,
					 39515,
					 39516,
					 41510,
					 41511,
					 43013,
					 43016,
					 43018
					 and
					 43019.1,
					 Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County Air
					 Pollution Control District, 14 Cal.3rd 411, 121 Cal.Rptr. 249
					 (1975).