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 93119 - Airborne Toxic Control Measure Limiting Onboard Incineration on Cruise Ships and Oceangoing Ships

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Purpose
.
The purpose of this control measure is to reduce
						emissions of toxic air contaminants from the use of incinerators aboard cruise
						ships and oceangoing ships. Specifically, this regulation prohibits cruise
						ships and oceangoing ships from conducting onboard incineration while operating
						within three miles of the California coast. This control measure is expected to
						reduce exposure to toxic air contaminants for residents living near ports and
						along the California coast.
(b)
Applicability
.
This section applies to any person who owns or operates a
						cruise ship, as defined in subsection (c)(2), including foreign flagged cruise
						ships. This section also applies to any person who owns or operates an
						oceangoing ship as defined in subsection (c)(5), including foreign flagged
						oceangoing ships.
(c)
Definitions
. For the purposes of this section, the following
					 definitions apply:
(1) "Calling on California
					 ports or places" means bound for or leaving a port or terminal located in
					 California.
(2) "Cruise ship" means
					 a commercial vessel which has berths or overnight accommodations for passengers
					 and which has the capacity to carry 250 or more passengers for hire, calling on
					 California ports or places. Cruise ship does not include an oceangoing ship,
					 noncommercial vessels, warships, vessels operated by nonprofit entities as
					 determined by the Internal Revenue Service, and vessels operated by the State
					 of California, the United States, or a foreign government.
(3) "Executive Officer of the Air Resources
					 Board" means the executive officer of the California Air Resources Board or his
					 or her delegate.
(4) "Incinerator"
					 means any device used to conduct onboard incineration.
(5) "Oceangoing Ship" means a private,
					 commercial, government, or military vessel of 300 gross registered tons or more
					 calling on California ports or places. An oceangoing ship does not include a
					 cruise ship.
(6) "Onboard
					 incineration" means the combustion or burning of any materials or wastes for
					 the purpose of volume reduction, destruction, sanitation, or sterilization,
					 aboard a cruise ship or oceangoing ship. Onboard incineration does not include
					 incinerators which are only burning fuels including, but not limited to,
					 natural gas, gas oil, marine gas oil, marine diesel fuel, fuel oil, or residual
					 fuel oil for the specific purpose of maintaining a minimum temperature in the
					 incinerator to minimize thermal cycling.
(7) "Owner or Operator" means a person who
					 owns or operates a cruise ship or oceangoing ship.
(8) "Person" shall have the same meaning as
					 defined in Health and Safety Code section
					 39047.
(9) "Within three miles of the California
					 coast" means between the California coast and the Three Nautical Mile Line as
					 shown on the following National Oceanic and Atmospheric Administration (NOAA)
					 Nautical Charts as authored by the NOAA Office of Coast Survey, which are
					 incorporated herein by reference:
(A) Chart
					 18600, Trinidad Head to Cape Blanco (January 2002);
(B) Chart 18620, Point Arena to Trinidad Head
					 (June 2002);
(C) Chart 18640, San
					 Francisco to Point Arena (August 2005);
(D) Chart 18680, Point Sur to San Francisco
					 (June 2005);
(E) Chart 18700, Point
					 Conception to Point Sur (July 2003);
(F) Chart 18720, Point Dume to Purisima Point
					 (August 2008); and
(G) Chart 18740,
					 San Diego to Santa Rosa Island (March 2007).