Cal. Code Regs. Tit. 17, § 93118 Airborne Toxic Control Measure For Auxiliary Diesel Engines and Diesel-Electric Engines Operated On Ocean-Going Vessels Within California Waters and 24 Nautical Miles of the California Baseline
Library | California Code of Regulations |
Edition | 2023 |
Currency | Current through Register 2023 Notice Reg. No. 52, December 29, 2023 |
Citation | Cal. Code Regs. Tit. 17, § 93118 |
Year | 2023 |
[NOTE: This section is not presently being enforced by the Air Resources Board because of a court injunction against enforcement of provisions in this section. See
(a) Purpose.
- The purpose of this section is to reduce emissions of
diesel particulate matter (PM), nitrogen oxides, and sulfur oxides from the use
of auxiliary diesel engines and diesel-electric engines on ocean-going vessels
within any of the waters subject to this regulation ("Regulated California
Waters").
(b) Applicability.
-
(1) Except as provided in subsection (c)
this section applies to any person who owns, operates, charters, rents, or
leases any ocean-going vessel that operates in any of the Regulated California
Waters, which include all of the following
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(2) Except as provided in subsection (c)
this section applies to tanker and nontanker ocean-going vessels that are
flagged in, registered in, entitled to fly the flag of, or otherwise operating
under the authority of the United States ("U.S.-flagged") or any other country
("foreign-flagged").
-
(3) Nothing in
this section shall be construed to amend, repeal, modify, or change in any way
any applicable U.S. Coast Guard requirements. Any person subject to this
section shall be responsible for ensuring compliance with both U.S. Coast Guard
regulations and the requirements of this section, including but not limited to,
obtaining any necessary approvals, exemptions, or orders from the U.S. Coast
Guard.
(c) Exemptions.
-
(1) The requirements of this section do not
apply to ocean-going vessel voyages that are comprised of continuous and
expeditious navigation through any of the Regulated California Waters for the
purpose of traversing such bodies of water without entering California internal
or estuarine waters or calling at a port, roadstead, or terminal facility.
"Continuous and expeditious navigation" includes stopping and anchoring only to
the extent such stopping and anchoring are required by the U.S. Coast Guard;
rendered necessary by force majeure or distress; or made for the purpose of
rendering assistance to persons, ships, or aircraft in danger or distress. This
exemption does not apply to the passage of an ocean-going vessel that engages
in any of the prejudicial activities specified in United Nations Convention on
the Law of the Seas (UNCLOS) 1982, Article 19, subpart 2. Further,
notwithstanding any Coast Guard mandated stops or stops due to force majeure or
the rendering of assistance, this exemption does not apply to a vessel that was
otherwise scheduled or intended to enter California internal or estuarine
waters or call at a port, roadstead or terminal facility.
-
(2) The requirements of this section do not
apply to slow-speed two-stroke diesel engines as defined in subsection
(d).
-
(3) The requirements of this
section do not apply to auxiliary engines on-board ocean-going vessels owned or
operated by any branch of local, state, federal government, or by a foreign
government, when such vessels are operated within the Regulated California
Waters on government non-commercial service. However, such vessels are
encouraged to act in a manner consistent, so far as is reasonable and
practicable, with this section.
-
(4)
The requirements of this section do not apply to auxiliary engines while
operating on liquefied natural gas or compressed natural gas.
-
(5) The requirements of this section,
including the payment of Noncompliance Fees as provided in subsection (h), do
not apply to the master of the vessel ("master") if the master reasonably and
actually determines that compliance with this section would endanger the safety
of the vessel, its crew, its cargo or its passengers because of severe weather
conditions, equipment failure, fuel contamination, or other extraordinary
reasons beyond the master's reasonable control. This exemption applies only as
long as and to the extent necessary to secure the safety of the vessel, its
crew, its cargo, or its passengers and provided that;
(d) Definitions.
- For purposes of this section, the following definitions
apply:
-
(1) "ASTM" means ASTM
International.
-
(2) "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 diesel engines" for purposes of this
regulation.
-
(3) "Baseline" means
the mean lower low water line along the California coast, as shown on the
following National Oceanic and Atmospheric Administration (NOAA) Nautical
Charts as authored by the NOAA Office of Coast Survey, which are incorporated
herein by reference:
-
(4) "Compliance Period" means the calendar
year or other continuous period during which an approved Alternative Control of
Emissions (ACE) plan is or will be in effect as specified in subsection
(g).
-
(5) "Diesel Engine" means an
internal combustion, compression-ignition (CI) engine with operating
characteristics significantly similar to the theoretical diesel combustion
cycle. The regulation of power by controlling fuel supply in lieu of a throttle
is indicative of a compression ignition engine.
-
(6) "Diesel Particulate Matter" 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.
-
(7) "Diesel-electric
engine" means a diesel engine connected to a generator that is used as a source
of electricity for propulsion or other uses.
-
(8) "Emission Control Strategy" means any
device, system, or strategy employed to reduce emissions from a diesel engine,
including, but not limited to, utilization of shore-side electrical power,
diesel oxidation catalysts, selective catalytic reduction systems, diesel
particulate filters, alternative diesel fuels, water emulsified fuels, lower
sulfur fuels, and any combination of the above.
-
(9) "Estuarine Waters" means an arm of the
sea or ocean that extends inland to meet the mouth of a river.
-
(10) "Executive Officer" means the executive
officer of the Air Resources Board (ARB), or his or her designee.
-
(11) "Hydrocarbon (HC)" means the...
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