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 93130.14 - Terminal and Port Plans and Interim Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Terminal plans.
(1) Terminal plan requirements.
Beginning in 2021, terminal operators shall submit a
						terminal plan that discusses how the terminal will comply with the requirements
						for ocean-going vessels visiting each berth. For vessel categories with
						compliance dates after 2023, the terminal operator shall submit plans with the
						most likely control strategy and submit a revised plan the year before the
						compliance date reflecting any changes to the terminal operator's strategy. As
						an alternative, Ports may submit plans for their terminal
						operators.
(2) Terminal plan
					 submission dates.
Terminal operators shall submit terminal plans to CARB by
						the following dates:
(A) Container,
					 refrigerated cargo, passenger terminals: December 1, 2021;
(B) Ro-ro terminals: December 1,
					 2021;
(C) LA/LB tanker terminals:
					 December 1, 2021;
(D) All other
					 tanker terminals: December 1, 2021;
(E) Low-use terminals that exceed the
					 terminal threshold shall submit a terminal plan by July 1 the following year;
					 and
(F) Ro-ro and tanker terminals
					 shall revise and resubmit terminal plans on the following schedule, which must
					 reflect any changes to the terminal since the initial plan:
i. Ro-ro terminals: February 1,
					 2024;
ii. LA/LB tanker terminals:
					 February 1, 2024; and
iii. All
					 other tanker terminals: February 1, 2026.
(3) Terminal plan information.
The terminal plan shall include discussion of necessary
						infrastructure modifications needed to reduce emissions from ocean-going
						vessels at a terminal, such that the terminal is capable of meeting compliance
						requirements by the implementation dates listed in Table 1 in section
						93130.7 of this Control Measure.
						For each strategy implemented at a terminal, the terminal plan shall
						include:
(A) Identification and
					 description of all necessary equipment, including whether it will be located on
					 the vessel, wharf, shore, or elsewhere;
(B) Number of vessels expected to visit the
					 terminal using the strategy;
(C)
					 List of each berth with geographic boundary coordinates;
(D) Identify berth(s) where equipment will be
					 used;
(E) Terminal/port specific
					 berthing restrictions;
(F) Schedule
					 for installing equipment;
(G)
					 Division of responsibilities between the terminal operator and the port,
					 including contractual limitations applicable to the terminal, relevant to
					 enacting the infrastructure required by each terminal's plan; and
(H) A terminal operator claiming that a
					 physical and/or operational constraint will delay its ability to implement its
					 preferred CARB approved control strategy to achieve emission reductions from
					 vessels at berth according to the requirements of section
					 93130 et seq., must also include
					 with its terminal plan a technical feasibility study evaluating if there are
					 any other emission control options that could be implemented more quickly at
					 the terminal.
(4) All
					 terminal plans shall be signed by the applicable terminal's Responsible
					 Official under penalty of perjury and are subject to verification by CARB
					 staff. The division of responsibilities between the terminal operator and the
					 port must be signed by the port's Responsible Official under penalty of
					 perjury.