(a)Purpose. The purpose of this control measure is to reduce emissions of toxic air contaminants from the use of incinerators aboard cruise ships and oceangoing ships. Specifically, this regulation prohibits cruise ships and oceangoing ships from conducting onboard incineration while operating within three miles of the California coast. This control measure is expected to reduce exposure to toxic air contaminants for residents living near ports and along the California coast.
(b)Applicability. This section applies to any person who owns or operates a cruise ship, as defined in subsection (c)(2), including foreign flagged cruise ships. This section also applies to any person who owns or operates an oceangoing ship as defined in subsection (c)(5), including foreign flagged oceangoing ships.
(c)Definitions. For the purposes of this section, the following definitions apply: (1) "Calling on California ports or places" means bound for or leaving a port or terminal located in California.(2) "Cruise ship" means a commercial vessel which has berths or overnight accommodations for passengers and which has the capacity to carry 250 or more passengers for hire, calling on California ports or places. Cruise ship does not include an oceangoing ship, noncommercial vessels, warships, vessels operated by nonprofit entities as determined by the Internal Revenue Service, and vessels operated by the State of California, the United States, or a foreign government.(3) "Executive Officer of the Air Resources Board" means the executive officer of the California Air Resources Board or his or her delegate.(4) "Incinerator" means any device used to conduct onboard incineration.(5) "Oceangoing Ship" means a private, commercial, government, or military vessel of 300 gross registered tons or more calling on California ports or places. An oceangoing ship does not include a cruise ship.(6) "Onboard incineration" means the combustion or burning of any materials or wastes for the purpose of volume reduction, destruction, sanitation, or sterilization, aboard a cruise ship or oceangoing ship. Onboard incineration does not include incinerators which are only burning fuels including, but not limited to, natural gas, gas oil, marine gas oil, marine diesel fuel, fuel oil, or residual fuel oil for the specific purpose of maintaining a minimum temperature in the incinerator to minimize thermal cycling.(7) "Owner or Operator" means a person who owns or operates a cruise ship or oceangoing ship.(8) "Person" shall have the same meaning as defined in Health and Safety Code section 39047.(9) "Within three miles of the California coast" means between the California coast and the Three Nautical Mile Line 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:(A) Chart 18600, Trinidad Head to Cape Blanco (January 2002);(B) Chart 18620, Point Arena to Trinidad Head (June 2002);(C) Chart 18640, San Francisco to Point Arena (August 2005);(D) Chart 18680, Point Sur to San Francisco (June 2005);(E) Chart 18700, Point Conception to Point Sur (July 2003);(F) Chart 18720, Point Dume to Purisima Point (August 2008); and(G) Chart 18740, San Diego to Santa Rosa Island (March 2007).(d)Requirements. (1) Notwithstanding sections 93104 and 93113 of title 17, California Code of Regulations, no cruise ship or oceangoing ship owner or operator, agent, representative, or employee shall conduct onboard incineration within three miles of the California coast, except when required to be operated under the direction or supervision of the United States Coast Guard.(2)Recordkeeping and Reporting Requirements.(A)Recordkeeping Requirements. 1. Owners or operators of cruise ships or oceangoing ships subject to the requirements of this section shall record the following information while the incinerator is operating within three miles of the California coast:a. The date and time of start and stop of incineration (in local time);b. The position of the ship in latitude and longitude for each start and stop time of incineration;c. The estimated amount incinerated in cubic meters (m3);d. The name or signature of officer in charge of the operation; ande. When operation of the incinerator is required by the United States Coast Guard, the name, unit, and phone number of United States Coast Guard personnel who directed that the incinerator be operated.2. Records shall be maintained in English and shall be kept and maintained onboard the respective cruise ship or oceangoing ship for two years.3. During an onboard inspection, records shall be made available to Air Resources Board personnel, or their delegates.(B)Reporting Requirements1. Owners or operators of cruise ships and oceangoing ships that are subject to this section, shall, upon written request by the Executive Officer of the Air Resources Board, provide copies of the records as specified in subsection (d)(2)(A) within 30 calendar days of the request.2. During an onboard inspection, owners or operators of cruise ships and oceangoing ships, that are subject to this section, except those owned or operated by a military agency, shall provide ARB personnel or their delegates the following written incineration records as required by the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, and as implemented by the United States Coast Guard regulations title 33, Code of Federal Regulations, section 151.55, for all incineration occurring within 24 nautical miles of the California coast. a. The date and time of incineration (start and stop) (in local time);b. The position of the ship in latitude and longitude for each start and stop time of incineration;c. The estimated amount incinerated in cubic meters (m3); andd. The signature of officer in charge of the operation.3. Owners or operators of cruise ships and oceangoing ships, that are subject to this section, except those owned or operated by a military agency shall, upon written request by the Executive Officer of the Air Resources Board provide copies of the records as specified in subsection (d)(2)(B)2a-d within 30 calendar days of the request.(e)Updates to NOAA Charts. The Executive Officer shall publish in the California Regulatory Notice Register, send an electronic notice out to all subscribers of the oceangoing ship incineration list serve, post to the oceangoing ship incineration website located at http://www.arb.ca.gov/ports/shipincin/shipincin.htm, and notify potentially affected cruise ship owners or operators, regarding revisions to subsection (c)(9) with regard to Nautical Charts updated by NOAA, at least 30 days before the updates take effect in the following situations:
(1) The Executive Officer may revise subsection (c)(9) when there is a change in the chart number or name; or(2) The Executive Officer may revise subsection (c)(9) when NOAA revises the Three Nautical Mile Line, as shown on the respective charts.(f)Severability. Each part of this section shall be deemed severable, and in the event that any part of this section is held to be invalid, the remainder of this section shall continue in full force and effect.
Cal. Code Regs. Tit. 17, § 93119
1. New section filed 4-20-2006; operative 5-20-2006 (Register 2006, No. 16).
2. Amendment of section heading, section and NOTE filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
3. Editorial correction restoring subsection hierarchy (Register 2008, No. 14).
4. Change without regulatory effect amending subsection (c)(9)(G) filed 4-2-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 14).
5. Change without regulatory effect amending subsection (c)(9)(F) filed 3-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 11). Note: Authority cited: Sections 39516, 39600, 39601, 39631, 39650, 39656, 39658, 39659 and 39666, Health and Safety Code. Reference: Sections 39630, 39631, 39632, 39650, 39656, 39659, 39666, 41510 and 41700, Health and Safety Code.
1. New section filed 4-20-2006; operative 5-20-2006 (Register 2006, No. 16).
2. Amendment of section heading, section and Note filed 10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
3. Editorial correction restoring subsection hierarchy (Register 2008, No. 14).
4. Change without regulatory effect amending subsection (c)(9)(G) filed 4-2-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 14).
5. Change without regulatory effect amending subsection (c)(9)(F) filed 3-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 11).