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 93130.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The definitions
					 in Health and Safety Code sections
					 39010
					 through
					 39060
					 shall apply to this Control Measure, except as otherwise specified in
					 subsection (b) of this section.
(b)
					 Definitions.
(1) "Assembly Bill (AB) 617
					 Community Emissions Reduction Program" means a program and/or plan to achieve
					 emissions reductions in a location that has been selected by CARB's Governing
					 Board to prepare a community emissions reduction program pursuant to Health and
					 Safety Code section
					 44391.2(c).
(2) "Alternative control technologies" means
					 technologies, techniques, or measures that reduce the emissions of NOx, PM,
					 ROG, or GHG from an auxiliary engine and/or tanker auxiliary boiler other than
					 shutting it down and operating on shore power.
(3) "Ammonia slip" means when ammonia passes
					 unreacted through a SCR system.
(4)
					 "Anchorage" means a vessel's allotted place to moor in place or drop anchor in
					 regulated California waters.
(5)
					 "Applicant" means any person who requests an approval from CARB for an emission
					 control strategy, to administer a remediation fund, or of an innovative
					 concept.
(6) "Application" means a
					 formal request from an applicant using the process outlined in section
					 93130.5 of this Control Measure
					 for a CAECS, for the process outlined in section
					 93130.16 of this Control Measure
					 for remediation fund administration, or for the process outlined in section
					 93130.17 of this Control Measure
					 for an innovative concept.
(7)
					 "Articulated tug barge" means a tanker barge that is mechanically linked with a
					 paired tug that functions as one vessel. For the purposes of this Control
					 Measure, articulated tug barges are not considered ocean-going
					 vessels.
(8) "Auxiliary boiler"
					 means a steam generator on an ocean-going vessel designed primarily to provide
					 steam for uses other than propulsion or pumping cargo.
(9) "Auxiliary engine" means an engine on an
					 ocean-going vessel designed primarily to provide power for uses other than
					 propulsion, except that all diesel-electric engines shall be considered
					 "auxiliary engines."
(10) "Berth"
					 means a vessel's allotted place at a wharf, pier, or dock. This does not
					 include anchorages, such as at the off-shore tanker terminal at El Segundo, or
					 where passenger vessels tender at anchor, such as at Santa Barbara or
					 Catalina.
(11) "Bulk vessel" means
					 a self-propelled ocean-going vessel constructed or adapted primarily to carry
					 unpackaged dry bulk cargo. A bulk vessel may use vessel-based or shore-based
					 equipment for loading and discharging of cargo.
(12) "Calendar year" means the time period
					 beginning on January 1 through December 31 of a single year.
(13) "California ports (Ports)" means any
					 port or independent marine terminal in California that receives an ocean-going
					 vessel, including:
(A) Landlord ports where
					 the port owns the wharves which it rents or leases to a terminal
					 operator;
(B) Operational ports
					 where the port functions as a terminal operator; and
(C) Independent marine
					 terminals.
(14)
					 "California time aggregate method" means the California State Implementation
					 Plan method of calculating opacity emissions. The California time aggregate
					 method is virtually identical to United States Environmental Protection Agency
					 Method 9 in the procedures the observer follows, but most notably differs in
					 that the data is analyzed by counting the readings that exceeded the limit,
					 rather than averaging all readings in a set.
(15) "CARB" means the California Air
					 Resources Board.
(16) "CARB
					 approved emission control strategy (CAECS)" means a method of reducing
					 emissions from an ocean-going vessel at berth to a satisfactory level for
					 compliance with the Control Measure and is verified and approved by
					 CARB.
(17) "CAECS operator" means
					 any party who operates a CAECS to reduce emissions for compliance with this
					 Control Measure.
(18) "Charter" or
					 "charter agreement" means an agreement or contract where one person rents,
					 leases, hires, or uses ocean-going vessels from another person to convey or
					 transport goods or passengers to one or more designated locations.
(19) "Charter company" means any person that
					 is in the business of leasing, renting, or lending ocean-going vessel(s) to
					 other companies or persons to convey or transport goods or passengers to one or
					 more designated locations.
(20)
					 "Commissioned shore power vessel" means a shore power equipped vessel that
					 visits a shore power berth at a terminal and has completed vessel commissioning
					 at that terminal.
(21) "Compliance
					 period" means a period of time of up to five years during which an innovative
					 concept may be used for compliance with this Control Measure, as set forth in
					 section 93130.17 of this Control
					 Measure.
(22) "Container vessel"
					 means a self-propelled ocean-going vessel constructed or adapted primarily to
					 carry uniformly sized ocean freight containers.
(23) "Diesel-electric engine" means a diesel
					 engine connected to a generator that is used as a source of electricity for
					 propulsion or other uses.
(24)
					 "Diesel engine" means an internal combustion, compression-ignition engine with
					 operating characteristics substantially similar to the theoretical diesel
					 combustion cycle. Regulating power by controlling fuel supply in lieu of a
					 throttle indicates a compression ignition engine.
(25) "Diesel particulate matter (DPM)" means
					 the particles found in the exhaust of diesel engines, which may agglomerate and
					 adsorb other species to form structures of complex physical and chemical
					 properties.
(26) "Distributed
					 generation" means electrical power generation technologies, sources, equipment,
					 or methods that produce electricity at or near the place of use.
(27) "Docked at berth (at berth)" means the
					 state of being secured to a berth.
(28) "Executive Officer" means the Executive
					 Officer of CARB, or his or her designee.
(29) "Excess emissions" means air pollution
					 emitted by a vessel at berth during a time period when the vessel operator is
					 required to reduce emissions, but does not achieve the full required
					 reductions.
(30) "Exception" means
					 a situation that results in a compliant visit with or without emission
					 reductions.
(31) "First line" means
					 the time when a vessel's line is first attached to a berth in the process
					 berthing the vessel.
(32) "Fleet"
					 means a group of vessels of the same vessel type that have agreed to utilize
					 their combined Vessel Incident Events (VIEs) at a port or marine terminal and
					 are registered with CARB by a person who is designated as that fleet's
					 representative. Vessel operators shall designate their fleet for each visit in
					 the vessel visit reporting requirements of section
					 93130.7(e)(4) of
					 this Control Measure. Only the fleet's representative may authorize the use of
					 a VIE for a visit by a vessel in the fleet.
(33) "Foreign-flag vessel" means any vessel
					 of foreign registry including vessels owned by United States citizen(s) but
					 registered in a nation other than the United States.
(34) "g/kW-hr" means grams per kilowatt
					 hour.
(35) "General cargo vessel"
					 means a self-propelled ocean-going vessel that may use vessel-based or
					 shore-based equipment for loading and discharging of cargo and is constructed
					 or adapted primarily to carry cargo that must be loaded individually, and that
					 may or may not be in uniform-sized ocean freight containers.
(36) "Government or military vessel" means
					 vessels operated by any branch of local, state, federal government military
					 service, or by a foreign government, when such vessels are operated on
					 government or military non-commercial service. This definition includes Coast
					 Guard vessels. A commercial vessel that also carries some military cargo is not
					 a government or military vessel unless the military is the vessel
					 operator.
(37) "Greenhouse gas"
					 (GHG) means carbon dioxide (CO2), methane (CH4), nitrogen trifluoride (NF3),
					 nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs),
					 perfluorocarbons (PFCs), and other fluorinated greenhouse gases.
(38) "Grid-neutral" means emitting no more
					 GHG emissions than if the strategy were powered by the California grid as
					 represented in the most recent eGRID Summary Table for State Output Emission
					 Rates as the California CO2e emissions rate.
(39) "IMO number" means the vessel's
					 International Maritime Organization (IMO) number which is a unique identifier
					 for vessels.
(40) "IMO NOx tier"
					 means the NOx standards as set forth in the IMO MARPOL Annex VI and as
					 certified by requirements set forth in IMO Regulation 13. Vessels without an
					 IMO NOx tier are considered pre-tier I vessels.
(41) "Independent marine terminal" means a
					 terminal that operates independently from a port or port authority. An
					 Independent Marine Terminal has all the responsibilities of a terminal and a
					 port.
(42) "Innovative concept"
					 means a CARB approved strategy to reduce air pollution emissions from sources
					 at or near a regulated port or marine terminal that can be used to achieve
					 emission reductions for compliance with this Control Measure, as set forth in
					 section 93130.17 of this Control
					 Measure.
(43) "Last line" means the
					 time when the vessel is untied from the berth and the last line from the berth
					 to the vessel is released.
(44)
					 "Lease" means a contract where one person conveys property or services to
					 another person for a specific duration.
(45) "Low activity terminal" means a terminal
					 that has not previously exceeded the terminal thresholds in section
					 93130.10(a) of
					 this Control Measure.
(46) "Marine
					 gas oil (MGO)" means any fuel that meets all the specifications for DMX or DMA
					 grades as defined in Table I of International Standard ISO 8217, as revised on
					 November 1, 2005, which is incorporated herein by reference, or DMX, DMA, or
					 DMZ grades as defined in Table I of International Standard ISO 8217, as revised
					 on June 15, 2010, which is incorporated herein by reference.
(47) "Master" means the person who operates
					 an ocean-going vessel or is otherwise in charge of the vessel's
					 operations.
(48) "Malfunction"
					 means any sudden and unavoidable failure to operate in a normal manner by air
					 pollution control equipment that is not caused in any way by poor maintenance,
					 negligent operation, or any other reasonably preventable upset condition or
					 equipment breakdown.
(49) "Moor"
					 means any permanent structure to which a vessel may be secured.
(50) "Ocean-going vessel" means a commercial,
					 government, or military vessel, excluding articulated tug barges, meeting any
					 of these criteria:
(A) A vessel greater than
					 or equal to 400 feet in length overall as defined in
					 50 CFR §
														679.2, as adopted June 19, 1996;
(B) A vessel greater than or equal to 10,000
					 gross tons under the convention measurement (international system) as defined
					 in 46 CFR §
														69.51 -.61, as adopted September 12, 1989;
					 or
(C) A vessel propelled by a
					 marine compression ignition engine with a per-cylinder displacement of greater
					 than or equal to 30 liters.
(51) "Own" means having the incidents of
					 ownership, including the legal title whether or not that person lends or
					 pledges an item; having or being entitled to the possession of the item as the
					 purchaser under a conditional sale contract; or being the mortgagor of an
					 item.
(52) "Oxides of nitrogen
					 (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide
					 (NO2), and other oxides of nitrogen, which are typically
					 created during combustion processes and are major contributors to smog
					 formation and acid deposition.
(53)
					 "Particulate matter (PM)" means any airborne finely divided material, except
					 uncombined water, which exists as a liquid or solid at standard conditions
					 (e.g., dust, smoke, mist, fumes, or smog).
(54) "Particulate matter 2.5 (PM 2.5)" means
					 any particulate matter with a diameter of less than 2.5 micrometers.
(55) "Passenger vessel" means a
					 self-propelled vessel constructed or adapted primarily to carry
					 people.
(56) "Person" has the same
					 meaning as set forth in California Code, Health and Safety Code section
					 39047.
(57) "Physical constraint" at a terminal
					 means an unavoidable barrier to provide a service due to the layout of a
					 terminal or waterway where a state or federal public agency with jurisdiction
					 over the resources effected by this Control Measure has made a safety
					 determination that prevents the use of a CARB approved control
					 strategy.
(58) "Pilot on Board"
					 means the vessel's pilot has boarded the vessel to assume navigational control
					 to prepare for vessel departure.
(59) "Port" see California Port.
(60) "ppmdv" means parts per million on a dry
					 volume basis.
(61) "Privately owned
					 United States Flag commercial vessel" means a vessel:
(A) registered and operated under the laws of
					 the United States,
(B) used in
					 commercial trade of the United States,
(C) owned and operated by United States
					 citizens, including a vessel under voyage or time charter to the Government,
					 and
(D) a Government-owned vessel
					 under bareboat charter to, and operated by, United States
					 citizens.
(62) "Reactive
					 organic gases (ROG)" has the same meaning as set forth in subsection (a)(23) of
					 section 2752 of title 13 of the California
					 Code of Regulations.
(63) "Ready to
					 Work" means that the vessel is tied to the berth, the gangway has been lowered
					 with netting down, and all government authorities with jurisdiction over the
					 vessel visit have cleared the vessel.
(64) "Refrigerated cargo vessel" (commonly
					 known as "reefer") means a self-propelled vessel constructed or adapted
					 primarily to carry refrigerated cargo. Refrigerated cargo vessels include
					 vessels where the cargo may be stored in large refrigerated rooms within the
					 vessel or vessels that primarily carry refrigerated cargo containers.
(65) "Regulated California Waters" means any
					 and all of the following:
(A) All California
					 internal waters;
(B) All California
					 estuarine waters;
(C) All
					 California ports, roadsteads, and terminal facilities (collectively
					 "ports");
(D) All waters within
					 three nautical miles of the California baseline, starting at the
					 California-Oregon border and ending at the California-Mexico border at the
					 Pacific Ocean, inclusive;
(E) All
					 waters within 12 nautical miles of the California baseline, starting at the
					 California-Oregon border and ending at the California-Mexico border at the
					 Pacific Ocean, inclusive;
(F) All
					 waters within 24 nautical miles of the California baseline, starting at the
					 California-Oregon border to 34.43 degrees North, 121.12 degrees West;
					 inclusive; and
(G) All waters
					 within the area, not including any islands, between the California baseline and
					 a line starting at 34.43 degrees North, 121.12 degrees West; thence to 33.50
					 degrees North, 118.58 degrees West; thence to 32.65 degrees North, 117.81
					 degrees West; and ending at the California-Mexico border at the Pacific Ocean,
					 inclusive.
(66)
					 "Remediation fund" means an account established by a CARB-approved fund
					 administrator under the terms of a Memorandum of Understanding with CARB to
					 provide incentive monies to activities that achieve emission reductions, not
					 otherwise required by law or regulation, in communities impacted by excess
					 emissions from vessels at berth.
(67) "Responsible official" means any
					 person(s) with the authority to determine the existence of emergency and safety
					 events, and to substantiate that a vessel, terminal, port, or control equipment
					 complies with requirements of this Control Measure.
(68) "Responsible party" means any person
					 with an obligation under this Control Measure.
(69) "Roll-on/roll-off vessel" (commonly
					 known as "ro-ro", "auto", or "vehicle carrier") means a self-propelled vessel
					 constructed or adapted primarily to carry wheeled cargo that can be rolled on
					 and off. Ro-ro vessels may carry exclusively automobiles (commonly known as a
					 "pure car carrier") and/or a mixture of bulk equipment on wheels.
(70) "Safety and emergency event" means an
					 event where a responsible official reasonably determines that compliance with
					 this Control Measure would endanger the safety of the vessel, crew, cargo,
					 passengers, terminal, or terminal staff because of severe weather conditions, a
					 utility event, or other extraordinary reasons beyond the control of the
					 terminal operator or vessel operator.
(71) "Selective catalytic reduction (SCR)"
					 means an emission control system that reduces NOx emissions through the
					 catalytic reduction of NOx in diesel exhaust by injecting nitrogen-containing
					 compounds into the exhaust stream, such as ammonia or urea.
(72) "Shore power" refers to electrical power
					 being provided by either the local utility or by distributed generation to a
					 vessel at berth.
(73) "Tanker
					 auxiliary boiler" means a steam generator on a tanker vessel used to offload
					 liquid product.
(74) "Tanker
					 vessel" means a self-propelled vessel constructed or adapted primarily to carry
					 liquid bulk cargo. Tanker vessels may carry petroleum crude, petroleum
					 products, or non-petroleum based products, and are classified as either
					 non-edible and dangerous or edible and non-dangerous.
(75) "Terminal" means a terminal operator's
					 facility consisting of adjacent wharves, piers, docks, other berthing locations
					 and storage, which are used primarily for loading and unloading of passengers,
					 cargo or material from vessels or for the temporary storage of this cargo or
					 material on-site. Operational ports that rent a berth to vessel operators
					 rather than lease to terminal operators shall treat that berth as a
					 terminal.
(76) "Terminal Incident
					 Event (TIE)" is an exception provided to terminal operators to allow for a
					 limited number of incidents where a vessel does not reduce emissions as
					 required during a visit.
(77)
					 "Terminal operator" means a person who leases terminal property from a port to
					 load and unload passengers, cargo or material from vessels or for the temporary
					 storage of this cargo or material on-site. Operational ports that use a single
					 berth to service an individual customer are the terminal operator and the
					 customer's berth is a terminal.
(78) "This Control Measure" means the Control
					 Measure for Ocean-Going Vessels At Berth, California Code of Regulations, title
					 17, sections
					 93130-93130.22.
(79) "Utility" shall have the same meaning
					 and be used interchangeably with the term "Electric Utility" and means any
					 person engaged in, or authorized to engage in, generating, transmitting, or
					 distributing electric power by any facilities, including, but not limited to,
					 any such person who is subject to the regulation of the Public Utilities
					 Commission. Pub. Resource Code, section
					 25108 as it read on January 7,
					 1975.
(80) "Utility event" means
					 the period of time during which any of the following events occurs; the utility
					 event begins when such an event begins and ends when the event is over:
(A) The utility serving the port or terminal
					 cannot provide electrical power to the port because of a failure of equipment
					 owned and maintained by the utility, a transmission emergency, distribution
					 emergency, a California Independent System Operator (CAISO) or Los Angeles
					 Department of Water and Power (LADWP) Stage 3 emergency, or the utility needs
					 to reduce power to the port and/or terminal because of a sudden and reasonably
					 unforeseeable natural disaster, such as, but not limited to, an earthquake,
					 flood, fire, or fire prevention (including electric utility shutdowns to
					 mitigate fire risk during high winds); or
(B) When the utility providing electrical
					 power notifies the terminal operator(s) to reduce the use of grid-based
					 electrical power in response to a transmission or distribution emergency, a
					 CAISO or LADWP Stage 3 emergency, or to avoid a Stage 3 emergency if one is
					 anticipated. The emergency event ends when CAISO or LADWP cancels the Stage 3
					 emergency or the utility notifies the terminal operator(s) that reduction in
					 the use of grid-based electrical power is no longer necessary. The port may
					 contact the terminal operator(s) on behalf of the utility if such an agreement
					 exists between the utility and the port.
(81) "United States Flag vessel" when used
					 independently means either a United States government vessel or a privately
					 owned United States Flag commercial vessel.
(82) "Vessel" means watercraft used, or
					 capable of being used, as a means of transportation. For the purposes of this
					 Control Measure, "vessel" is used interchangeably with the term "ocean-going
					 vessel."
(83) "Vessel arrival"
					 means the date and time that a vessel is initially tied to a berth with first
					 line.
(84) "Vessel commissioning"
					 means the process undertaken by the vessel operator and terminal operator to
					 ensure that the shore power equipment on the vessel is compatible with the
					 shore power equipment on the terminal and that there are no safety issues for
					 both the equipment and the personnel handling the connection.
(85) "Vessel departure" means the date and
					 time that a vessel casts off the last line.
(86) "Vessel Incident Event (VIE)" is an
					 exception provided to vessel fleets to allow for a limited number of incidents
					 where a vessel operator does not reduce emissions as required during a vessel
					 visit.
(87) "Vessel operator" means
					 any person who is in direct control of the vessel. For the purpose of this
					 definition, the person in "direct control" is the person who decides where a
					 vessel is to call and is considered a responsible party. The party in direct
					 control of the vessel may be a third-party hired to carry cargo or passengers
					 for the person under a charter agreement to operate the vessel. Direct control
					 does not include the vessel master or any other member of the vessel crew,
					 unless the vessel master or crew member is also a responsible party.
(88) "Vessel owner" means any party with an
					 ownership interest in the vessel. The owner may be an individual or multiple
					 parties.
(89) "Vessel type" means a
					 categorization of ocean-going vessels distinguished by the main cargo the
					 vessel carries into the following types: bulk/general cargo, container,
					 passenger, refrigerated cargo, ro-ro, and tanker vessels.
(90) "Visible emissions" means any
					 particulate or gaseous matter which can be detected by the human eye.
(91) "Visit" means the time period from when
					 the vessel is "Ready to Work" to "Pilot on Board." A vessel move from one berth
					 to another berth is considered a new visit at each subsequent
					 berth.