Cal. Code Regs. tit. 17 § 93130.11

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 93130.11 - Vessel Incident Events (VIE) and Terminal Incident Events (TIE)

A VIE or a TIE accommodates a limited number of situations where a vessel does not reduce emissions during a visit.

(a) VIEs and TIEs.

(1) The fleet that is designated in a vessel's visit report will be granted VIEs based on a percentage of fleet vessel visits to a California port between January 1 and December 31 in the previous year, and reported to CARB by January 7, excluding those visits made under an innovative concept in section 93130.17 of this Control Measure. The terminal operator that is designated in a vessel's visit report will be granted TIEs based on a percentage of vessel visits to the terminal between January 1 and December 31 in the previous year, and reported to CARB by January 7, excluding those visits made under an innovative concept in section 93130.17 of this Control Measure. In 2023, VIEs and TIEs will be granted by CARB staff by January 1, 2023. Each year after, VIEs and TIEs will be granted by CARB staff on February 1 of that year.

(2) These percentages are listed in Table 3 in section 93130.11(b) of this Control Measure. The number of VIEs and TIEs granted is rounded to the nearest whole number. Since visit information is not available initially, in 2023, VIEs and TIEs will be determined by the fleet 2021 recordkeeping requirements in California Code of Regulations, title 17, section 93118.3(g)(1)(B) and Wharfinger data in section 93118.3(g)(3)(A) of the previous at-berth regulation. Fleet operators that did not have a compliance obligation under California Code of Regulations, title 17, section 93118.3 may instead request TIEs and VIEs for 2023 per section 93130.11(c) of this Control Measure.

(3) The fleet operator will be able to assign each received VIE to a visit made by a vessel in the fleet. The terminal operator will be able to assign each received TIE to a visit made by a vessel to the terminal.

(b) Table of VIEs and TIEs rates.

Table 3: VIEs and TIEs Rates by Vessel Type per Year

		2023	2024	2025	2026	2027	2028+
TIEs	All Terminals	15%	15%	5%	5%	5%	5%
	Container/Reefer	5%	5%	5%	5%	5%	5%
	Passenger	5%	5%	5%	5%	5%	5%
VIEs	Ro-ro			5%	5%	5%	5%
	LA/LB Tankers			5%	5%	5%	5%
	Other Tankers					5%	5%

(c) Request for TIEs and VIEs.

Instead of receiving TIEs and VIEs through the process set forth in section 93130.11(a)(1) of this Control Measure, a fleet representative or terminal operator may request TIEs or VIEs to accommodate a new fleet or terminal, or when an anticipated growth in visits is expected for an existing fleet or terminal that is not reflected in the year's visits. This request shall be made in writing to CARB by December 1 for consideration in the following year. CARB will notify the requestor about CARB's approval or denial of the request in writing by February 1. When a request for TIEs and VIEs is made, the TIEs and VIEs shall be based on a percentage of the upcoming year's anticipated visits instead of the current year's visits. When CARB staff reviews the actual activity by the fleet or to a terminal that requested TIEs or VIEs, the number of TIEs or VIEs used must be less than or equal to the VIE and TIE rate multiplied by the fleet or terminal activity. Any visits not covered by a VIE or TIE will be noncompliant.

(d) Expiring VIEs and TIEs.

VIEs and TIEs expire on January 31 of the year after they are granted. VIEs can only be used at the port for which they are granted and by the fleet for which they are granted, and TIEs can only be used at the terminal for which they are granted.

(e) Retiring VIEs and TIEs.

VIEs and TIEs are limited in number and apply to incidents listed in section 93130.18 of this Control Measure. Fleet operators and terminal operators must report the use of a VIE or TIE with the vessel visit report in sections 93130.7(e) and 93130.9(d) of this Control Measure. VIEs and TIEs cannot be traded with other fleets, terminals, or any other entity.

Cal. Code Regs. Tit. 17, § 93130.11

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.

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.)