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 93118.3 - Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean-Going Vessels At-Berth in a California Port

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Purpose.
The purpose of this section is to reduce oxides of
						nitrogen (NOx) and diesel particulate matter (PM) emissions from the operation
						of auxiliary engines on container vessels, passenger vessels, and refrigerated
						cargo vessels while these vessels are docked at berth at a California port.
						This section reduces emissions by limiting the time during which auxiliary
						diesel engines are operated on the regulated vessels while such vessels are
						docked at-berth in a California port, as well as by applying other
						requirements. This section implements provisions of the Goods Movement Emission
						Reduction Plan, adopted by the Air Resources Board (ARB) in April 2006, to
						reduce emissions and health risk from ports and the movement of goods in
						California. This section also helps achieve the goals specified in the
						California Global Warming Solutions Act of 2006, established under California
						law by Assembly Bill 32 (Stats. 2006, ch. 488) and set forth in Health and
						Safety Code §
												38500
						et seq.
(b)
Applicability and General Exemptions.
(1) Except as provided in this subsection
					 (b), this section applies to any person who owns, operates, charters, rents, or
					 leases any U.S. or foreign-flagged container vessel, passenger vessel, or
					 refrigerated cargo vessel that visits a California port. In addition, this
					 section also applies to any person who owns or operates a port or terminal
					 located at a port where container, passenger, or refrigerated cargo vessels
					 visit.
(2) Nothing in this section
					 shall be construed to amend, repeal, modify, or change in any way any
					 applicable U.S. Coast Guard 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, including but not limited to,
					 obtaining any necessary approvals, exemptions, or orders from the U.S. Coast
					 Guard.
(3) The requirements of this
					 section do not apply to:
(A) Ocean-going
					 vessel voyages that consist of continuous and expeditious navigation through
					 any of the Regulated California Waters for the purpose of traversing such
					 bodies of water without entering California internal or estuarine waters or
					 calling at a port, roadstead, or terminal facility. "Continuous and expeditious
					 navigation" includes:
1. Stopping and
					 anchoring only to the extent such stopping and anchoring are required by the
					 U.S. Coast Guard;
2. Rendered
					 necessary by force majeure or distress; or
3. 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 an
						ocean-going vessel that engages in any of the prejudicial activities specified
						in United Nations Convention on the Law of the Seas (UNCLOS) 1982, Article 19,
						subpart 2. Further, notwithstanding any Coast Guard mandated stops or stops due
						to force majeure or the rendering of assistance, this exemption does not apply
						to a vessel that was otherwise scheduled or intended to enter California
						internal or estuarine waters or call at a port, roadstead or terminal
						facility.
(B)
					 Auxiliary engines onboard ocean-going vessels owned or operated by any branch
					 of local, state, federal government, or by a foreign government, when such
					 vessels are operated on government non-commercial service. However, such
					 vessels are encouraged to act in a manner consistent, so far as is reasonable
					 and practicable, with this section.
(C) Steamships while berthed at a California
					 port.
(D) Auxiliary engines while
					 such engines are operating primarily on liquefied natural gas or compressed
					 natural gas.
(E) Except as
					 otherwise specified in subsection (d)(1)(I), fleets meeting the following
					 criteria:
1. A fleet composed solely of
					 container or refrigerated cargo vessels that visits the same California port
					 fewer than 25 times total in a calendar year; and
2. A fleet composed solely of passenger
					 vessels that visits the same California port fewer than 5 times total in a
					 calendar year.
(4) On January 1, 2023, this section
					 93118.3 and section
					 2299.3 of title 13 of the
					 California Code of Regulations shall be superseded by sections
					 93130 through
					 93130.22 of title 17 of the
					 California Code of Regulations, as specified in section
					 93130. However, if sections
					 93130 through
					 93130.22 collectively are repealed
					 or deemed invalid in their entirety by a final court decision, the requirements
					 of section
					 93118.3 of title 17 and section
					 2299.3 of title 13 of the
					 California Code of Regulations shall again become operative. This section shall
					 not be construed as expanding or limiting either the application or
					 requirements of sections
					 93130 through
					 93130.22, title 17, California
					 Code of Regulations, but is intended to alert affected persons of the state's
					 requirements regarding ocean-going vessels, ports, terminals, berths, and
					 emission control strategies for ocean-going vessels.