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 - Control Measure for Ocean-Going Vessels At Berth

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Control Measure for Ocean-Going Vessels At Berth is
						set forth in sections
						93130 through
						93130.22, title 17, California
						Code of Regulations, and is referenced as the "Control Measure" within those
						sections.
The Control Measure is designed to supersede section
						93118.3 of title 17 and section
						2299.3 of title 13 of the
						California Code of Regulations on January 1, 2023. However, on January 1, 2021,
						certain provisions in this Control Measure shall become operative alongside the
						requirements of section
						93118.3 of title 17 and section
						2299.3 of title 13 of the
						California Code of Regulations. These provisions are: sections
						93130.5(e)
						Application process (for a CARB approved emission control strategy),
						93130.14(a) Terminal Plans, 93130.14(b) Port Plans, 93130.14(d) Interim
						evaluation for new technologies and applications, 93130.16 Remediation Fund
						Administration, 93130.17(b) Application and approval process (for the
						innovative concept compliance option), and 93139.20 Violations (to allow for
						enforcement of the provisions that become operative January 1, 2021, as
						specified in this paragraph). These requirements apply before 2023, as
						specified, and are necessary before the Control Measure fully supersedes
						section 93118.3 of title 17 and section
						2299.3 of title 13 of the
						California Code of Regulations.
On January 1, 2023, the remainder of the requirements of
						this Control Measure shall supersede the requirements of section
						93118.3 of title 17 and section
						2299.3 of title 13 of the
						California Code of Regulations. However, the reporting and recordkeeping
						requirements of section
						93118.3(g) of
						title 17 shall remain in effect for compliance years through 2022. The annual
						statements of compliance for 2022 in section
						93118.3(g)(1)(A)(2) and
						(g)(2)(A)(3) are still due to the Executive
						Officer on March 1, 2023. Annual Wharfinger data from the ports under section
						93118.3(g)(3) is
						still due to the Executive Officer on April 1, 2023. Compliance records in
						section 93118.3(g)(1)(B), (g)(2)(B), and
						(g)(3)(B) are still required to be maintained
						for five years, through December 31, 2027.
As specified in section
						93130.22, the individual
						provisions in this Control Measure are severable. 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 and section
						2299.3 of title 13 of the
						California Code of Regulations shall again become operative.
1. New
						section 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,
						  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.