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 93130.15 - Remediation Fund Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section sets forth an additional compliance option
						that may be used under limited circumstances where vessel operators, terminal
						operators, CAECS operators, and/or ports have made certain enforceable
						commitments to controlling emissions at berth. Even if the emissions are not
						controlled for all or part of a vessel visit, under certain circumstances, a
						vessel operator, terminal operator, CAECS operator, or port may qualify to
						remediate emissions, as set forth in this section.
(a) For a vessel operator, terminal operator,
					 CAECS operator, or port to utilize the remediation fund, a remediation fund
					 administrator must be established with a Memorandum of Understanding executed
					 with CARB under section
					 93130.16 of this Control Measure
					 to manage the funds generated at that port or independent marine
					 terminal.
(b) Vessel operators,
					 terminal operators, CAECS operators, and ports may request to use the
					 remediation fund option in the following circumstances, if the request is
					 supported by compelling documentation that demonstrates the eligibility of the
					 request, consistent with the criteria in this section, as determined by CARB.
(1) Terminal or port equipment repairs - a
					 terminal or port has invested in shoreside control equipment, and maintains
					 that equipment according to manufacturer recommendations, but that equipment
					 needs maintenance, needs commissioning, has failed and is being repaired, or
					 new or replacement equipment has been ordered in a timely manner, but has not
					 been received.
(2) Vessel equipment
					 repairs -- a vessel operator has invested in shore power or other on-board
					 control equipment, and maintains that equipment according to manufacturer
					 recommendations, but that equipment needs maintenance, needs commissioning, has
					 failed and is being repaired, or new or replacement equipment has been ordered
					 in a timely manner, but has not been received.
(3) Delays with operation of existing control
					 strategy - a vessel visits a berth and all parties have taken the required
					 actions to use a CARB approved control strategy, but the visit fails to achieve
					 the full emission reductions required under section
					 93130.5 of this Control Measure
					 due to a delay or interruption in controlling emissions or a failure of the
					 CAECS operator under contract to perform. If a CAECS operator has a malfunction
					 that causes or contributes to a delay or interruption in emissions control,
					 that operator must notify CARB of the malfunction according to the provisions
					 of section
					 93130.12(c) of
					 this Control Measure for that visit to be eligible to use the remediation fund
					 for the uncontrolled hours of the visit.
(4) Terminal or port construction project - a
					 terminal or port has invested in shoreside control equipment, and maintains
					 that equipment according to the manufacturer recommendations, but takes that
					 equipment out of service to allow a planned terminal upgrade or construction
					 project that cannot safely be performed with the terminal side control
					 equipment operating.
(5) A terminal
					 plan deemed acceptable under section
					 93130.14(c) of
					 this Control Measure identifies a physical and/or operational constraint that
					 is delaying the implementation of a CARB approved emission control strategy at
					 the terminal.