CAECS operators shall fulfill the following responsibilities:
(a) Subcontractor services and agreements.(1) Maintain a list of all subcontracted service providers and the services performed by each, maintaining copies of all agreements with service providers.(2) Provide copies to CARB upon request of any agreement with service providers.(b) CAECS checklist. CAECS operators shall complete all of the following items in this checklist for each vessel visit to ensure compliance under the Control Measure. Any failure to perform any specific items in this section shall constitute a separate violation for each calendar day that the failure occurs.
(1) Notification. At least seven calendar days before a vessel's arrival, the operator of the CAECS must coordinate in writing with the vessel operator and terminal operator for the use of the strategy and supply the vessel operator with information about the compatibility with the vessel and terminal of the CAECS.(2) Operational. During each visit, the operator of the CAECS shall:(A) Begin controlling emissions within two hours of vessel "Ready to Work";(B) Record inlet and outlet levels of emissions during the visit;(C) Continue controlling emissions until at least one hour before "Pilot on Board"; and(D) Ensure vessels are operating on CARB compliant distillate marine fuel.(3) Reporting. Beginning on January 1, 2023, and thereafter, the operator of the CAECS shall report the following information regarding each vessel visit within 30 calendar days of vessel departure, using local time for all dates and times: (E) Port, terminal, and berth visited;(F) Vessel operator contact information, including name, address, email address, and telephone number;(G) Terminal operator contact information, including name, address, email address, and telephone number;(H) Emission control strategy operator contact information, including name, address, email address, and telephone number;(I) Arrival date and time of the CAECS, if applicable;(J) Departure date and time of the CAECS, if applicable;(K) Dates and times when a CAECS starts controlling emissions and finishes controlling emissions; and(L) Vessel emissions while control strategy operated for the following categories: i. NOx emissions in g/kW hr;ii. PM 2.5 emissions in g/kW hr; andiii. ROG emissions in g/kW hr.(c) Malfunction reporting and recordkeeping. The operator of the CAECS shall report within 24 hours to CARB by electronic means, the following information regarding any malfunction that is expected to create emissions in excess of any applicable emissions limitation for a period greater than one hour. If electronic notification is not immediately possible, notification at the beginning of the next working day is acceptable.
(1) The notification must include the following information:(A) Identification of the equipment causing the emissions in excess of any applicable emissions limitation;(B) Date and time excess emissions began; and(C) Description of the corrective actions taken or expected to be taken to remedy the malfunction and to limit the excess emissions.(2) The operator of the CAECS shall retain for five years all records pertaining to the malfunction, including the following information:(A) Magnitude, source, and cause of the excess emissions;(B) Information sufficient to demonstrate to CARB's Executive Officer's reasonable satisfaction, that the malfunction was not caused in any way by poor maintenance, negligent operation, or any other reasonably preventable upset condition or equipment breakdown;(C) Readings from any continuous emission monitor used in the emission control strategy; and(D) If excess emissions exceed three working days, then the operator shall remediate all excess emissions according to section 93130.15 or cease operation of the system until repairs can be made.(d) Corrective action report. Within seven calendar days after a malfunction has been corrected, the operator of the CAECS shall submit a written report to CARB that includes:
(1) A statement that the malfunction has been corrected, the date of correction, and proof of compliance with all applicable CARB approval requirements;(2) The specific cause of the malfunction;(3) A description of any preventive measures taken and/or to be taken; and(4) A statement affirming under penalty of perjury that the malfunction was not caused entirely or in part by poor maintenance, careless operation, poor design, or any other preventable condition or preventable equipment breakdown.(e) Records retention. Records made pursuant to section 93130.12 shall be kept for a minimum of five years. This information shall be sent to the Executive Officer within 10 calendar days of a request from CARB staff.
(f) Submissions. The CAECS operator shall submit information to CARB according to section 93130.19.
Cal. Code Regs. Tit. 17, § 93130.12
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, 396.58, 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.)