California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 5.1 - Standards for Fuels for Nonvehicular Sources › Section 2299.3 - 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) 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, as defined
				in section
				93118.3(c), title
				17, California Code of Regulations (CCR), must comply with section
				93118.3 (subject to the exemptions
				therein), relating to the operation of auxiliary diesel engines on ocean-going
				vessels at-berth in a California port. In addition, this section also applies
				to any person who owns or operates a port or terminal located at a California
				port, as defined in section
				93118.3(c)(6),
				where container, passenger, or refrigerated cargo vessels visit.
(b) This section shall not be construed as
				expanding or limiting either the application or requirements of section
				93118.3, title 17, CCR, but is
				intended to alert affected persons of the requirements regarding the operation
				of auxiliary diesel engines on ocean-going vessels at-berth in a California
				port and other provisions in that section.
(c) On January 1, 2023, section
				93118.3 of title 17 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				California Code of Regulations shall be superseded by sections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				93130.22 collectively are repealed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 of the
				California Code of Regulations shall again become operative. This subsection
				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
				requirements regarding the operation of auxiliary diesel engines on ocean-going
				vessels at-berth in a California port and other provisions in that
				section.
1. New section
				  filed 12--3--2008; operative 1--2--2009 (Register 2008, No. 49).
2.
				  New subsection (c) and amendment of NOTE filed 12--30--2020; operative 1-1-2021
				  (Register 2021, No. 1). (Transmission and filing deadlines specified in
				  Government Code sections
				  11346.4(b)
				  and
				  11349.3(a),
				  respectively, extended 60 calendar pursuant to Executive Order
				  N-40-20.)
Note: Authority cited: Sections
					 38560,
					 38562,
					 39600,
					 39601,
					 39650,
					 39658,
					 39659,
					 39666,
					 43013
					 and
					 41511,
					 Health and Safety Code. Reference: Sections
					 38510,
					 38530,
					 38562,
					 38566,
					 38580,
					 39600,
					 39650,
					 39658,
					 39659,
					 39666,
					 41510
					 and
					 41511,
					 Health and Safety Code.