Cal. Code Regs. tit. 17 § 93118.5
The purpose and intent of this section is to reduce diesel particulate matter (PM), oxides of sulfur (SOx), oxides of nitrogen (NOx), and greenhouse gas (GHG) emissions from diesel propulsion and auxiliary engines on harbor craft that operate in any of the waters subject to this section ("Regulated California Waters"). This section implements provisions of the Goods Movement Emission Reduction Plan, adopted by the California Air Resources Board (ARB or CARB) in April 2006, to reduce emissions and health risk from ports and the movement of goods in California. This Control Measure also ensures that commercial harbor craft do not create excess visible emissions. California's commercial harbor craft operations are largely situated in the vicinity of at-risk communities that directly benefit from localized reductions of NOx and PM emissions. This contributes to meeting community health goals as set forth in Assembly Bill 617 (Garcia, Stats. 2017, ch. 136). Furthermore, NOx and PM emission reductions contribute to meeting California's State Implementation Plan obligations for attainment, and further CARB's obligations under sections 39660 et seq. and 43013 et seq. of the Health & Safety Code. Additionally, use of shore power has a benefit of simultaneously reducing toxic, criteria pollutant, and GHG emissions. This contributes to meeting California's GHG emission reduction targets established in Assembly Bill 32 (Nunez, Stats. 2006, ch. 488) and Senate Bill 32 (Pavley, Stats. 2016, ch. 249).
All or portions of this section do not apply to the following, as provided below, but vessels that are partly or wholly exempt from this section may be subject to other State or federal regulations and requirements. A person subject to such other State or federal regulations and requirements is solely responsible for ensuring the vessel complies with those regulations and requirements. All other portions of this section shall apply unless otherwise specified:
Operation of a vessel subject to this provision after the scheduled retirement date or the engine's compliance date, whichever occurs later, is a separate violation of this section for each and every engine and each and every day of operation during which an engine on the vessel does not meet the requirements of subsection (e)(6)(C) or other parts of this section.
For purposes of this section, the definitions of Health and Safety Code (H&S) sections 39010 through 39060 shall apply except as otherwise specified in this section:
"Air Basin" means a land area with generally similar meteorological and geographic conditions throughout. California is currently divided geographically into 15 air basins for the purpose of managing the air resources of the State on a regional basis.
"Air District" means one of the local air pollution control districts (APCDs) or air quality management districts (AQMDs) established under H&S section 40000 et seq.
"Alternative Diesel Fuel" means any fuel used in a diesel engine that is not commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in American Society for Testing and Materials (ASTM) D975-81, "Standard Specification for Diesel Fuel Oils," as modified in May 1982, which is incorporated herein by reference, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include biodiesel and biodiesel blends not meeting the definition of CARB diesel fuel; Fischer-Tropsch fuels; emulsions of water in diesel fuel; and fuels with a fuel additive, unless:
"Alternative Fuel" means natural gas, propane, ethanol, methanol, gasoline, hydrogen, electricity, or other technologies that do not meet the definition of CARB diesel or alternative diesel fuel. "Alternative fuel" also means any mixture that only contains these fuels.
"Annual Hours of Operation" means the total number of hours, rounded to the nearest whole hour, a vessel engine is used for all commercial purposes in Regulated California Waters in the calendar year (January 1 to December 31) immediately prior to the engine's applicable compliance date set forth in subsection (e)(6)(D). For example, if a vessel is used for commercial fishing and commercial non-fishing purposes, the total number of hours combined for both uses shall be the total annual hours of operation for that vessel. On and after January 1, 2023, any use of a commercial vessel for non-commercial purposes must be documented based on recordkeeping requirements in subsection (m)(4); otherwise, the annual hours of operation for commercial purposes will be based on records from the non-resettable hour meter.
"Articulated Tug Barge (ATB)" means a petrochemical tank barge that is mechanically linked with a paired tug that functions as a tug-barge combination.
"Auxiliary Engine" means an engine designed primarily to provide power for uses other than propulsion.
"Averaging" means an exchange of excess reduced regulated emissions among engines on vessels in the same owner's or operator's fleet.
"Barge" means a vessel having a single or double hull that is typically flat-bottomed, but may have a rounded hull form and built with or without a propulsion engine. Examples of barges include deck barges, derrick or crane barges, dredging scow barges, autonomous drone barges, towed or pushed petrochemical tank barges, and barges operating as part of an ATB combination.
"Based Outside of Regulated California Waters (RCW)" means operating more than 50 percent of the time outside of RCW in the previous calendar year.
"Baseline" means the emissions level of a diesel engine using CARB diesel fuel as configured upon initial marine installation.
"Battery Plug-in Hybrid Propulsion System" means a harbor craft main propulsion system utilizing energy from two or more different energy sources, one of which includes a battery energy storage system that is designed to periodically be swapped or charged by an external energy source.
"Berth" means a vessel's allocated place at a wharf, pier, or dock. For purposes of this section, "berth" and "slip" can be used interchangeably.
"California Air Resources Board (CARB) Diesel Fuel" means any diesel fuel that meets the specifications of vehicular diesel fuel, as defined in title 13, CCR, sections 2281, 2282, 2284, and 2299, and title 17, CCR, section 93116.
"California 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:
"California Department of Motor Vehicles (DMV) CF number" is a permanent registration number (CF number) assigned upon registration of undocumented vessels in California. In accordance with the national vessel registration system, the registration number consists of the letters CF, four numbers, and a two-letter suffix (for example, CF 1234 AB).
"California Fish and Wildlife License Number" means an identification number assigned by the California Department of Fish and Wildlife, which is displayed on vessels on contrasting background in a format of FG 12345.
"Call Sign Number" means a vessel's unique identifier containing both characters and numbers most often used in radio transmissions.
"CARB" means the California Air Resources Board. CARB may also be referred to as "ARB."
"CARB Approved Emission Control System (CAECS)" means a method of reducing emissions to a satisfactory level for compliance with title 17, CCR, sections 93130-93130.20, which is approved by CARB in this section as providing the same or greater reductions as applied to harbor craft.
"CARB Diesel Fuel" means any diesel fuel that meets the specifications of vehicular diesel fuel, as defined in title 13, CCR, sections 2281 and 2282.
"CARB Reporting System" is a reporting system that utilizes a web-based portal, fillable forms or other approved means of meeting reporting requirements of this section.
"Carbon Monoxide (CO)" is a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels.
"Category 1 engine" means any marine engine with a displacement of less than 5.0 liters per cylinder and with a maximum horsepower (hp) rating of 50 hp or greater.
"Category 2 engine" means any marine engine with a displacement of 5.0 to less than 30 liters per cylinder.
"Category 3 engine" means any marine engine with a displacement of 30 liters per cylinder or geater.
"Certified marine engine" means an engine that is certified by U.S. EPA as meeting the requirements of title 40, Code of Federal Regulations (CFR), Part 94 or Part 1042.
"Certified nonroad engine" means an engine that is certified by U.S. EPA as meeting the requirements of title 40, CFR, Part 89 or Part 1039.
"Charter" means an agreement or contract where one person or company rents, leases, hires, or uses commercial harbor craft vessels from another person or company to convey or transport goods or passengers.
"Coast Guard Vessel" means any vessel or boat owned or operated by the U.S. Coast Guard, including U.S. Coast Guard cutters and patrol boats that are used for law enforcement, defense operations, marine science, search and rescue missions, training missions, coastal surveillance, servicing aids to navigation, and marine environmental response.
"Commercial Harbor Craft" means the same as "Harbor Craft."
"Commercial Passenger Fishing Vessel" (also called "Charter Fishing Vessel" or "Sportfishing Vessel") means any coastal or offshore vessel used for sportfishing, charter fishing, or any other type of fishing activity where individuals other than the owners or operators of the vessel are on board the vessel to perform fishing activities in exchange for payment to the vessel owner/operator. Commercial passenger fishing vessels include vessels operated on both day and overnight trips, including trips that may traverse in and out of Regulated California Waters.
"Commercial Passenger Fishing Vessel Logbook (CPFV Logbook)" means the record of fishing activities that California CPFV operators are required to submit to the California Department of Fish and Wildlife (CDFW) as described in CCR, title 14, division 1, subdivision 1, chapter 6.5.
"Compliance Date" means the date by which time a vessel engine must meet the requirements set forth in subsection (e). The "compliance date" prior to January 1, 2023 for a vessel engine is set forth in Table 7, Table 8, Table 9, or Table 10 in subsection (e)(6)(D), whichever is applicable. The "compliance date" on and after January 1, 2023 is set forth in Table 14, Table 16, Table 17, Table 18, Table 19, or Table 21 in subsection (e), whichever is applicable. The Compliance Date may be extended pursuant to subsection (e)(12)(E).
"Crew and Supply Vessel" means a self-propelled vessel used for carrying personnel or supplies to and from off-shore and in-harbor locations (including off-shore work platforms, construction sites, islands, and other vessels).
"Date of Acquisition" means, for a vessel or engine subject to this regulation, the date of purchase as defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the vessel or engine purchasing agreement, whichever is earliest of the three dates.
"Dedicated Emergency Use Vessel" means a vessel that is used to perform fire suppression, police response or activities to protect public safety, or emergency rescue as its only specified vocation reported to CARB. Vessels performing training or certification for, or actual operations in, oil spill response are not dedicated emergency use vessels. Vessels operated by the California Department of Fish and Wildlife to enforce provisions of the California Fish and Game Code or implementing regulations are not dedicated emergency use vessels, even if they may be called upon to enforce other California laws. Vessels used to perform channel deepening, levee repair, and debris removal are not dedicated emergency use vessels.
"Diesel Emission Control Strategy (DECS)" refers to a technology that reduces air pollution from diesel engine exhaust before it is emitted into the air.
"Diesel Engine" means an internal combustion, compression-ignition (CI) engine, or pilot ignition 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.
"Diesel Engine System" means a system, including diesel engines and diesel particulate filters, used to meet CARB's performance standards as set forth in subsection (e)(9).
"Diesel Exhaust Fluid (DEF)" means a liquid reducing agent (other than engine fuel) used in conjunction with selective catalytic reduction to reduce NOx emissions. Diesel exhaust fluid is an aqueous solution of urea conforming to the specifications of International Organization for Standardization (ISO) 22241, which is incorporated herein by reference.
"Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel that is sold or represented by the supplier as suitable for use in an internal combustion, compression-ignition engine.
"Diesel-Fueled" means a diesel engine fueled in whole or part by diesel fuel.
"Diesel Oxidation Catalyst (DOC)" means an emission control technology that employs a catalyst to promote oxidation processes in diesel exhaust gases, usually designed to reduce emissions of the organic fraction of diesel particulates, gas-phase HC, and CO.
"Diesel Particulate Filter (DPF)" means an emission control technology that reduces diesel PM emissions in engine exhaust gases by trapping the particles in a flow filter substrate and periodically removes the collected particles by either physical action or by oxidizing (burning off) the particles in a process called regeneration. On and after January 1, 2023, "DPF" means a CARB Level 3 Verified Diesel Emission Control Strategy (VDECS).
"Diesel Particulate Matter (Diesel PM)" 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.
"Direct Control" means owning, operating, having a contract, lease, or other arrangement to operate a harbor craft. For facilities, "Direct Control" means the authority to control the affairs of facility operations, which includes collecting payment from independent operators for use of dock space, and using facility property to moor, dock, service, or maintain a person's own vessels.
"Disadvantaged Communities (DACs)" are census tracts or applicable tribal data designated by the California Environmental Protection Agency for the purposes of SB 535 (Health and Safety Code Section 39711) using the most current version of CalEnviroScreen by the Office of Environmental Health Hazard Assessment (OEHHA). DACs include all wharfs, docks, berths, and slips within a port, marina, harbor or other terminal facility if any portion of the facility is located within a DAC. Additional requirements apply for vessels with a homebase or any regularly scheduled stop within two miles of a DAC.
"Distributed Generation" means electrical power generation technologies and equipment (including on-shore combustion engines at a dock or barge-mounted combustion engines moored to a dock), or other methods that produce electricity at or near the place of use. Stationary generators meeting the definition of "emergency standby engine" in title 17, CCR, section 93115(a)(29) that are used for emergency operations for harbor craft are not subject to distributed generation requirements. The electricity generated must meet the emissions standards in title 17, CCR, subsection 93139.5(c).
"Dock" means the state of being secured to a facility (to dock), or the permanent structure to which a vessel can be secured.
"Dredge" means a vessel designed to remove earth from the bottom of waterways, by means of a scoop, a series of buckets, or a suction pipe. Dredges include hopper dredges, clamshell dredges, or pipeline dredges. On and after January 1, 2023, dredges also include suction hopper dredges, barge-mounted dredges, and dredges with engines having a per-cylinder displacement above 30 liters.
"Emergency Operation" means performing emergency response duties such as responding to a stricken vessel, participating in activities as required by a Vessel Mutual Assistance Plan (VMAP), transporting displaced persons and first responders in response to a regional emergency, unannounced drills that are part of California Department of Fish and Wildlife (CDFW), Office of Spill Prevention and Response (OSPR) validation of Oil Spill Contingency Plans (C Plans) or U.S. Coast Guard requirements, providing response efforts to an oil or petrochemical spill event, or use of onboard combustion engines meeting zero-emission and advanced technology (ZEAT) requirements in the event of an electrical utility power outage. The operating hours within Regulated California Waters during emergency operation can be excluded from performance requirements for ZEAT in subsection (e)(10), and annual limits as set forth in subsections (e)(14) and (e)(12)(E)(4) if documented according to recordkeeping requirements in subsection (m) and reported according to subsection (o).
"Emission Control Strategy" means any device, system, or strategy employed to reduce emissions from an engine. Examples include diesel oxidation catalysts, selective catalytic reduction systems, diesel particulate filters, alternative diesel fuels, water emulsified fuels, and any combination of the above.
"Engine Family" means an identifier assigned by the United States Environmental Protection Agency (U.S. EPA) or CARB to every engine certified to Tier 1 emission standards or higher. Engine family names generally contain 11 to 12 digits for off-road or marine certified engines.
"Escort Tugboat" means a tugboat with a primary vocation involving intercepting and escorting ATBs, or any ocean-going vessel entering or departing Regulated California Waters with the purpose of providing maneuvering or stopping assistance in case of loss of propulsion or steering power while in route to or departing from docks and terminals. Escort tugs will typically work with ship-assist harbor tugs to dock or undock their escorted ATBs or ocean-going vessels. Escort tugs may also stay with ATBs or ocean-going tanker vessels while they are offloading or loading petrochemical products for fire suppression assistance or emergency undocking.
"Estuarine Waters" means an arm of the sea or ocean that extends inland to meet the mouth of a river.
"Excursion Vessel" means a self-propelled vessel that transports passengers for purposes such as dinner cruises; harbor, lake, or river tours; scuba diving expeditions, lessons, or training; sailing expeditions; parasailing expeditions; any type of for-hire charters for pleasure purposes; and whale watching tours. "Excursion Vessel" does not include crew and supply vessels, ferries, or recreational vessels.
"Executive Officer (E.O.)" means the Executive Officer of the California Air Resources Board or his/her designee.
"Facility" means any port, marine terminal, oil terminal, marina, harbor, or land with docks for allowing commercial harbor craft to dock, moor, or otherwise conduct commerce.
"Facility Operator" means any person or company in direct control of daily facility operations and, if applicable, responsible for the collection of commercial harbor craft vessel operators' compensation to dock, moor, or otherwise conduct commerce. For purposes of this section, "Facility Operator" is interchangeable with "Tenant" and "Facility Tenant."
"Facility Owner" means any person, company, municipality, or port authority that owns the property of the facility. "Facility Owner" is interchangeable with "Land Owner" and "Property Owner."
"Family Emission Limit (FEL)" means an emission level that is declared by the manufacturer to serve in lieu of an emission standard for certification purposes and for the averaging, banking, and trading program, as defined in title 13, California Code of Regulations, section 2423 or 40 CFR Parts 89.112(d), or 1039.101, as they existed on April 27, 2010.
"Ferry" means a harbor craft having provisions only for deck passengers or vehicles, operating on a short run, on a frequent schedule between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel. On and after January 1, 2023, "Ferry" means a harbor craft having provisions only for deck passengers or vehicles, operating between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel. "Ferry" also includes vessels operated by a public or private company to transport passengers commercially, on a regularly scheduled or on-demand basis, for purposes other than pleasure. Examples of ferry vessels include water taxis and any vessels subject to Vessel Common Carrier requirements as set forth by the California Public Utilities Commission in title 20, CCR, division 1, chapter 1, as it existed on April 1, 2018.
"Fishing Vessel" or "Commercial Fishing Vessel" means a self-propelled vessel that is either:
"Fleet" means the total number of harbor craft owned, rented, or leased by an owner or operator in an air district or distinct locale within Regulated California Waters; or, the statewide population of a specific vessel type. On and after January 1, 2023, "fleet" also includes chartered harbor craft and extends to harbor craft in an air basin.
"Force Majeure" means a sudden and unforeseeable event involving a clear danger, demanding action to prevent or mitigate the loss of, or damage to, life, health, property, or essential public services, arising from causes beyond the control of the owner/operator of a facility or vessel, which delays or prevents the performance of any obligation under this section, despite best efforts to fulfill the obligation. This includes events where the local government, State of California, or federal government issues a declaration of emergency, which can include war, wildfires, floods, hurricanes, tornadoes, earthquakes, volcanic eruptions, and pandemics. This does not include negligent acts or the owner/operator's financial inability to perform which is unrelated to a force majeure event.
"Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion.
"Greenhouse Gas (GHG)" or "Greenhouse Gases (GHGs)" includes all of the following gases: Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O), Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), Sulfur Hexafluoride (SF6), and Nitrogen Trifluoride (NF3).
"Grid-Neutral" is as defined in 17 CCR section 93130.2(b)(38).
"Harbor Craft" means any private, commercial, government, or military marine vessel including passenger ferries, excursion vessels, tugboats, ocean-going tugboats, towboats, push-boats, crew and supply vessels, work boats, pilot vessels, supply boats, fishing vessels, research vessels, barge and dredge vessels, commercial passenger fishing vessels, oil spill response vessels, U.S. Coast Guard vessels, hovercraft, emergency response harbor craft, and barge vessels that do not otherwise meet the definition of ocean-going vessels or recreational vessels.
"Homebase" means the facility located in Regulated California Waters where a vessel is anchored, docked, or moored the majority of the time within a calendar year.
"Homeport" means the port in which a vessel is registered or permanently based.
"Hydrocarbon (HC)" means organic compounds consisting exclusively of the elements of carbon and hydrogen that falls into the hydrocarbon group on which the emission standards are based for each fuel type, as described in 40 Code of Federal Regulations (CFR) § 1042.101(d) and § 1042.104(a), which are incorporated by reference herein.
"Hydrogen Fueling Infrastructure" means the infrastructure required to safely transfer compressed or liquid hydrogen directly from a truck or on-site storage facility to a commercial harbor craft.
"Idling" means operating main propulsion or auxiliary engines when the net torque generated by the engine is at the operational minimum for the configuration of an engine connected to propulsion or other auxiliary vessel systems. Idling typically occurs when the vessel is at dock.
"International Maritime Organization (IMO) Number" means an identification number made up of the three letters "IMO" followed by a unique seven-digit number assigned to vessels.
"In-Use Harbor Craft" means a harbor craft that is not a new harbor craft.
"In-Use Marine Engine" means a marine engine that is not a new marine engine.
"Lease" means a contract by which the owner (lessor) of a property, such as a vessel or engine, grants the right to use or occupy the property to another person (lessee) for a specified term and for a specified rent.
"Level" means, unless the context requires otherwise, one of three categories of ARB-verified diesel emission control strategies as set forth in title 13, CCR, section 2700 et seq.: Level 1 means the strategy reduces engine diesel PM emissions by between 25 and 49 percent; Level 2 means the strategy reduces engine diesel PM emissions by between 50 and 84 percent; and Level 3 means the strategy reduces engine diesel PM emissions by 85 percent or greater, or reduces engine diesel PM emissions to less than or equal to 0.01 grams per brake horsepower-hour (g/bhp-hr).
"Line Towing" means towing another ocean-going vessel, barge, or harbor craft with a trailing towline as opposed to hauling alongside.
"Low-Use" means the operation of any compression-ignition engine associated with a harbor craft vessel for less than the total annual hours of operation in Regulated California Waters, based on the immediately preceding calendar year, that the E.O. deems the engine subject to the in-use requirements in subsection (e). Prior to January 1, 2023, low-use hour limits are 80 hours for barge and dredge vessels, and 300 hours for regulated in-use vessels other than barge and dredge vessels. On and after January 1, 2023, low-use hour limits are set forth in Table 22 in subsection (e)(14).
"Military Tactical Support Vessel" means a vessel that meets military specifications, is owned by the U.S. Department of Defense, the U.S. Coast Guard, or the U.S. Military services or its allies, and is used in combat, combat support, combat services support, tactical or relief operations or training for such operations. This category does not include vessels owned by military contractors.
"Model Year" means the diesel engine manufacturer's annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year.
"Moor" means any permanent structure to which a vessel may be secured or the act of securing to a permanent structure or facility.
"New Harbor Craft" means a harbor craft for which both of the following criteria are true:
Where the equitable or legal title to the harbor craft is not transferred to an ultimate purchaser prior to the harbor craft being placed into service, the harbor craft ceases to be new when it is placed into service. A harbor craft is placed into service when it is used for its functional purposes.
"New Marine Engine" means a marine engine for which both of the following criteria are true:
Where the equitable or legal title to the engine is not transferred to an ultimate purchaser prior to the engine being placed into service, the engine ceases to be new when it is placed into service. An engine is placed into service when it is used for its functional purposes.
"Newly Acquired Harbor Craft" means a harbor craft that was not owned or operated inside of Regulated California Waters prior to January 1, 2023.
"Nitrogen Oxides or Oxides of Nitrogen (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of nitrogen, which are typically created during combustion processes and are major contributors to smog formation and acid deposition.
"Non-Methane Hydrocarbons (NMHC)" means the sum of all hydrocarbon (HC) air pollutants except methane.
"Ocean-going Tugboats or Towboats" means tugboats or towboats with a "registry" (foreign trade) endorsement on their United States (U.S.) Coast Guard certificates of documentation, or tugboats or towboats that are registered under the flag of a country other than the United States.
"Ocean-going Vessel" means a self-propelled commercial, government, or military vessel meeting any one of the following criteria:
"Oil Spill Response Vessel" is a type of workboat that is dedicated to providing oil or fuel spill response cleanup. For purposes of this section, oil spill response vessels are not dedicated emergency use vessels.
"Opacity" means the fraction of a beam of light, expressed as a percentage, that fails to penetrate a plume of smoke as measured over a five-inch-long path in accordance with SAE J1667 (February 1996), which is incorporated herein by reference.
"Operate" means steering or otherwise running the vessel or its functions while the vessel is working, underway, moored, anchored, or at dock.
"Operator" means a person who operates a vessel under a contract agreement.
"Own" means having all the incidents of ownership, including the legal title, whether or not that person lends, rents, or pledges the vessel; having or being entitled to the possession of a vessel as the purchaser under a conditional sale contract; or being the mortgagor of a vessel.
"Particulate Matter (PM)" means any airborne finely divided material, except uncombined water, which exists as a liquid or solid at standard conditions (e.g., dust, smoke, mist fumes, or smog).
"Performance Standards" means PM and NOx emission standards in Table 11, Table 12 and Table 13 in subsection (e)(9) that must be met to comply with the in-use requirements of this section.
"Permanently affixed to a harbor craft" means the engine, its fueling system, or its exhaust system is welded or otherwise physically connected to the vessel or other vessel system in such a way that the engine cannot be easily removed for use in a land-based application without modifications.
"Person" includes all of the following:
"Petrochemical Tank Barge" means a non-self-propelled double-hull tank barge constructed to transport petrochemicals, fuels, or other combustible or noxious liquid substances and designed to either be pushed by a designated tug, utilizing a proprietary retractable pin connection system forming a temporary articulated tug barge combination, or towed on a wire by tugboat.
"Physical Constraint" means an unavoidable barrier at a terminal that prevents the terminal from providing a service due to the layout of the terminal or waterway where a state or federal public agency with jurisdiction over the resources affected by this section has made a safety determination that prevents the use of shore power.
"Pilot Vessel" means a vessel designed and utilized for the transfer and transport of maritime pilots to and from ocean-going vessels while such vessels are underway, at anchor, or at dock.
"Port" means any facility used for water-borne commerce.
"Portable CI Engine" means a compression-ignition (CI) engine designed and capable of being carried or moved from one location to another. Indicators of portability include wheels, skids, carrying handles, dolly, trailer, or platform. Portable engines are not self-propelled.
"Portable Equipment Registration Program (PERP)" means the statewide program designed to promote the use of clean portable engines and equipment units in California, as provided for in title 13, CCR, sections 2450 through 2465. Once registered in the program, portable engines and equipment units can operate throughout the State without being required to obtain individual permits from each air pollution control or air quality management district in which they operate.
"Pre-Tier 1 Engine" means an engine that was built before the effective date of U.S. EPA's Tier 1 marine engine emission standards (Tier 1 marine standards), as set forth in 40 CFR 94, or U.S. EPA's Tier 1 emission standards for nonroad compression ignition engines, as set forth in 40 CFR 89.
"Propulsion Engine" means an engine that provides power to move a vessel through the water or directs the movement of a vessel. For purposes of this section, "Propulsion engine" is interchangeable with "Main engine."
"Purchase Date" means the date shown on the front of the cashed check; the date of the financial transaction; or the date on the engine or harbor craft purchase, rental, or lease agreement, whichever is earliest.
"Push Boat" means any self-propelled vessel engaged in or intending to engage in the service of pulling, pushing, or hauling along side barges or other vessels, or any combination of pulling, pushing, or hauling along side barges or other vessels. "Push boats" is interchangeable with "towboats."
"Rebuild" means an overhaul to an engine using new or re-conditioned parts while following repair procedures that have been approved by the manufacturer. When engine repairs require replacement of the engine block, the engine is considered to be repowered, not rebuilt.
"Recreational Vessel" means a vessel that is intended by the vessel manufacturer to be operated primarily for pleasure or leased, rented, or chartered to another for the latter's pleasure, excluding the following vessels:
"Registered Historic Vessel" means a vessel listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470).
"Regularly Scheduled" means any vessel activity planned to occur repeatedly on an ongoing basis with constant or defined time intervals.
"Regulated California Waters (RCW)" means all of the following:
"Regulated In-Use Vessel" means a vessel that operates as one of the vessel categories subject to in-use engine standards in subsection (e)(6). On and after January 1, 2023, this applies to vessels subject to performance standards requirements in subsection (e)(12).
"Renewable Diesel" or "R100" means a diesel fuel substitute produced from non-petroleum renewable sources, including vegetable oils and animal fats. Renewable diesel must meet the American Society for Testing Materials (ASTM) specification D975 (May 1982), which is incorporated herein by reference. "Renewable Diesel" can also mean a blend of 99 percent ("R99") renewable diesel by volume.
"Rent" means payment for the use of harbor craft or diesel engine for a specified term.
"Repower" means replacing an existing engine with another engine that meets required emission standards in effect at the time of replacement. Repower include engine repairs on a damaged engine requiring a different engine block.
"Research Vessel" means all vessels subject to requirements of 46 CFR Chapter 1, Subchapter U (October 1, 2012), incorporated herein by reference, plus any others that have highly advanced mobile research stations, and vessels that provide dedicated platforms from which explorers can deploy equipment, divers, or submersibles.
"Retirement" means the act of taking an engine or harbor craft out of service (i.e., to "retire") so that it subsequently never again operates in any of the Regulated California Waters. "Retirement" does not include an engine or harbor craft that is sold for use outside California then subsequently operated in any of the Regulated California Waters.
"Retrofit" means to install new or modified parts or equipment in or onto a vessel or engine.
"SCAQMD" means the South Coast Air Quality Management District, as defined in Health and Safety Code section 40410 et seq. and described in section 60104, title 17, California Code of Regulations, and shall include all waters subject to the jurisdiction of the SCAQMD.
"Selective Catalytic Reduction (SCR)" means an emission control system that reduces NOx emissions through the catalytic reduction of NOx in diesel exhaust by injecting nitrogen-containing compounds, such as ammonia or urea, into the exhaust stream.
"Shift or Crew Change" means replacing one or more of the vessel's crew member(s) with another crew member(s).
"Ship-Assist Tugboat" means a harbor tug having a primary vocation of assisting ATBs and ocean-going vessels while docking and undocking.
"Shore Power" (also called "Harbor Craft Shore Power") refers to electrical power provided by either the electric utility or distributed generation to a vessel at dock that can be used to provide house load or any other onboard auxiliary power normally provided by onboard diesel generators.
"Short-Run Ferry" means a vessel dedicated to providing regularly scheduled round-trip ferry service between two points whose straight-line distance apart is less than three nautical miles. Vessels that make multiple stops to load or unload passengers in a single round-trip, where half or more of the single trip lengths are less than three nautical miles, and the longest single trip length is less than six nautical miles, are considered short-run ferries. Vessels that provide ferry round-trip service between two points that are less than three nautical miles apart, but account for less than 20 percent of the service trips from one fleet or operator between those two points during a given calendar year, are not considered short-run ferries.
"Slip" means the same as "berth."
"Supply Vessel" means a self-propelled vessel used for carrying crew and supplies to and from off-shore and in-harbor locations including off-shore work platforms, construction sites, islands, and other vessels.
"Swing Engine" means an engine maintained at a dockside location for use in a vessel or fleet of vessels which can be installed as a replacement for an engine that has been removed from a vessel for repair or routine maintenance. The removed engine may then become the swing engine once repair or maintenance has been completed.
"Take Out of Service" means the act of dry-docking, mooring, anchoring, or otherwise tying up a harbor craft at dock to conduct maintenance, repairs, replacements, or upgrades such that the vessel cannot be operated in Regulated California Waters while such acts are conducted on the vessel.
"Tank Barge" means a non-self-propelled vessel constructed or adapted primarily to carry, or that carries, oil, petrochemicals, sewage, or other noxious liquid substances. Tank barges also include both petrochemical tank barges and barges carrying gaseous or liquid fuels, such as those performing fuel bunkering services.
"Tank Vessel" or "Tanker" means a self-propelled vessel constructed or adapted primarily to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.
"Temporary Emergency Rescue/Recovery Vessel" means a self-propelled vessel that performs duties including policing harbor areas, fire fighting, rescue operations, oil spill prevention, and on-water oil removal that is brought into California for the immediate use of emergency rescue or recovery and leaves California at the conclusion of its emergency rescue/recovery mission.
"Temporary Replacement Vessel" means a self-propelled vessel that is brought into service to temporarily replace a California vessel that has been temporarily taken out of service. Prior to January 1, 2023, "temporary replacement vessel" includes only the following:
"Tier 1 Marine Engine Emission Standards (Tier 1 marine standards)" means the U.S. EPA marine engine Tier 1 emission standards, as promulgated by U.S. EPA and set forth in "Control of Emissions of Air Pollution from New Marine Compression-Ignition Engines at or Above 37 kW" (64 Federal Register (FR) 73299-73373, December 29, 1999)( 40 CFR Part 94 ), both of which are incorporated herein by reference. The standards from 40 CFR Part 94 are summarized in Table 1. In the event of a conflict between a Tier 1 marine standard in this section and its corresponding standard in 40 CFR Part 94, the standard in 40 CFR Part 94 controls.
Table 1: U.S. EPA Tier 1 Marine Engine Emission Standards
| Category | Power (kilowatt (kW)) & Displacement (liters/cylinder (l/cyl)) | Engine Speed (Revolutions per minute (rpm)) | Tier 1 Model Year | PM (g/bhp-hr) | NOx (g/bhp-hr)* | CO (g/bhp-hr) |
| 1, 2, 3, | [GREATER THAN OR EQUAL TO] 37 kW & [GREATER THAN OR EQUAL TO] 2.5 | rpm [GREATER THAN OR EQUAL TO] 2000 | 2004 | - | 7.3 | - |
| including | l/cyl | 130 [LESS THAN EQUAL TO] rpm [LESS THAN] 2000 | 2004 | - | 33.57 x rpm-0.2 | - |
| Recreational | rpm [LESS THAN]130 | 2004 | - | 12.7 | - | |
| (40 CFR Part 94) | ||||||
| *converted emission standards from 40 CFR 94, which are expressed in grams per kilowatt-hour (g/kW-hr) to g/hp-hr by the following: g/kW-hr * (0.746) = g/hp-hr. | ||||||
"Tier 2 Marine Engine Emission Standards (Tier 2 marine standards)" means the U.S. EPA marine engine Tier 2 emission standards, as promulgated by U.S. EPA and set forth in "Control of Emissions of Air Pollution from New Marine Compression-Ignition Engines at or Above 37 kW" (64 FR 73299-73373, December 29, 1999)( 40 CFR Part 94 ), both of which are incorporated herein by reference. In the event of a conflict between a Tier 2 marine standard in this section and its corresponding standard in 40 CFR Part 94, the standard in 40 CFR Part 94 controls.
Table 2: U.S. EPA Tier 2 Marine Engine Emission Standards for NOx + HC, PM, and CO
| Category | Displacement (Disp.) (liters/cylinder) | Date | NOx+HC (g/bhp-hr)* | PM (g/bhp-hr)* | CO (g/bhp-hr)* |
| Disp. <0.9 and power [GREATER THAN OR EQUAL TO] 50hp* | 2005 | 5.6 | 0.30 | 3.7 | |
| 0.9 [LESS THAN EQUAL TO] Disp. < 1.2 | 2004 | 5.4 | 0.22 | 3.7 | |
| 1 | 1.2 [LESS THAN EQUAL TO] Disp. < 2.5 | 2004 | 5.4 | 0.15 | 3.7 |
| 2.5 [LESS THAN EQUAL TO] Disp. < 5.0 | 2007 | 5.4 | 0.15 | 3.7 | |
| 5.0 [LESS THAN EQUAL TO] Disp. < 15 | 2007 | 5.8 | 0.20 | 3.7 | |
| 15 [LESS THAN EQUAL TO] Disp. < 20 | |||||
| (power < 4424 hp*) | 2007 | 6.5 | 0.37 | 3.7 | |
| 2 | 15 [LESS THAN EQUAL TO] Disp. < 20 | ||||
| (power >= 4424 hp*) | 2007 | 7.3 | 0.37 | 3.7 | |
| 20 [LESS THAN EQUAL TO] Disp. < 25 | 2007 | 7.3 | 0.37 | 3.7 | |
| 25 [LESS THAN EQUAL TO] Disp. < 30 | 2007 | 8.2 | 0.37 | 3.7 | |
| (40 CFR Part 94) | |||||
| *converted emission standards and maximum power rating from 40 CFR 94, which are expressed in g/kW-hr and kW to g/hp-hr and hp, respectively, by the following: g/kW-hr (0.746) = g/hp-hr or kW (1.34) = hp | |||||
"Tier 3 Marine Engine Emission Standards (Tier 3 marine standards)" means the U.S. EPA marine engine Tier 3 emission standards, as promulgated by U.S. EPA and set forth in "Final Rule: Control of Emissions of Air Pollution from Locomotive and Marine Compression-Ignition Engines Less Than 30 Liters Per Cylinder" (73 FR 25245 et seq., May 6, 2008) ( 40 CFR part 1042 ), both of which are incorporated herein by reference. The standards from 40 CFR Part 1042 are summarized in Table 3, Table 4, and Table 5. In the event of a conflict between a Tier 3 marine standard in this section and its corresponding standard in 40 CFR Part 1042, the standard in 40 CFR Part 1042 controls. [Note: No Tier 3 marine standards apply for commercial Category 1 engines at or above 3700 kW. See "Tier 4 Marine Engine Emission Standards" for the standards that apply to these engines.]
Table 3: U.S. EPA Tier 3 Marine Standards for Marine Diesel Category 1 Commercial Standard Power Density Engines below 3700 kW
| Rated kW | L/Cylinder | PM g/bhp-hre | NOx + HCd g/bhp- hre | Model Year |
| 19 to < 75 kW | <0.9a | 0.22 | 5.6 | 2009 |
| 0.22b | 3.5b | 2014 | ||
| <0.9 | 0.10 | 4.0 | 2012 | |
| 0.9 - <1.2 | 0.09 | 4.0 | 2013 | |
| 75 to <3700 kW | 1.2 - <2.5 | 0.08c | 4.2 | 2014 |
| 2.5 - <3.5 | 0.08c | 4.2 | 2013 | |
| 3.5 - < 7.0 | 0.08c | 4.3 | 2012 | |
| (a) < 75 kW engines at or above 0.9 L/cylinder are subject to the corresponding 75-3700 kW standards. | ||||
| (b) Option: 0.15 g/bhp-hr PM / 4.3 g/bhp-hr NOx+HC in 2014. | ||||
| (c) This standard level drops to 0.07 g/bhp-hr in 2018 for <600 kW engines | ||||
| (d) Tier 3 NOx+HC standards do not apply to 2000-3700 kW engines. | ||||
| (e) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr to g/hp-hr by the following: g/kW-hr (0.746) = g/hp-hr. | ||||
Table 4: U.S. EPA Tier 3 Marine Standards for Marine Diesel Category 1 Recreational and Commercial High Power Density Engines below 3700 kW
| Rated kW | L/Cylinder | PM g/bhp-hrc | NOx + HC g/bhp- hrc | Model Year |
| 19 to < 75 kW | <0.9a | 0.22 | 5.6 | 2009 |
| 0.22b | 3.5b | 2014 | ||
| <0.9 | 0.11 | 4.3 | 2012 | |
| 0.9 - <1.2 | 0.10 | 4.3 | 2013 | |
| 75 to <3700 kW | 1.2 - <2.5 | 0.09 | 4.3 | 2014 |
| 2.5 - <3.5 | 0.09 | 4.3 | 2013 | |
| 3.5 - < 7.0 | 0.08 | 4.3 | 2012 | |
| (a) < 75 kW engines at or above 0.9 L/cylinder are subject to the corresponding 75-3700 kW standards. | ||||
| (b) Option: 0.15 g/bhp-hr PM / 4.3 g/bhp-hr NOx+HC in 2014. | ||||
| (c) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/kW-hr (0.746) = g/bhp-hr. | ||||
Table 5: U.S. EPA Tier 3 Marine Standards for Marine Diesel Category 2 Engines below 3700 kWa,b
| L/Cylinder | Rated kW | PM g/bhp- hrc | NOx+HC g/bhp- hrc | Model Year |
| 7 - <15 | <2000 | 0.10 | 4.6 | 2013 |
| [GREATER THAN OR EQUAL TO] 2000 | 0.10 | 5.8 | 2013 | |
| 15 - <20a | <2000 | 0.25 | 5.2 | 2014 |
| 20 - <25a | <2000 | 0.20 | 7.3 | 2014 |
| 25 - <30a | <2000 | 0.20 | 8.2 | 2014 |
| (a) No Tier 3 marine standards apply for Category 2 engines with per-cylinder displacement above 15.0 liters if maximum engine power is at or above 2000 kW. See | ||||
| "Tier 4 Marine Engine Emission Standards" for the standards that apply for these engines. | ||||
| (b) For Category 2 engines at or above 1400 kW, optional Tier 3 and Tier 4 standards are available with some manufacturer restrictions, PM/NOx+HC at 0.10 / 5.8 g/bhp-hr in 2012, with Tier 4 standards in 2015. | ||||
| (c) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/kW-hr * (0.746) = g/bhp-hr. | ||||
"Tier 4 Marine Engine Emission Standards (Tier 4 marine standards)" means the U.S. EPA marine engine Tier 4 emission standards, as promulgated by U.S. EPA and set forth in "Final Rule: Control of Emissions of Air Pollution from Locomotive and Marine Compression-Ignition Engines Less Than 30 Liters Per Cylinder" (73 FR 25245 et seq., May 6, 2008) (40 CFR Part 1042), both of which are incorporated herein by reference. Table 6 summarizes the Tier 4 marine standards from 40 CFR Part 1042. In the event of a conflict between a Tier 4 marine standard in this section and its corresponding standard in 40 CFR Part 1042, the marine standard in 40 CFR Part 1042 controls.
Table 6: U.S. EPA Tier 4 Marine Standards for Marine Diesel Category 1 and Category 2 Engines above 600 kW
| Rated kW | L/Cylinder | PM g/bhp- hra | NOx g/bhp- hra | HC g/bhp- hra | Model Year |
| <15.0 | 0.09 | 1.3 | 0.14 | 2014b | |
| 15.0 to | |||||
| At or above 3700 kW | <30.0 | 0.19 | 1.3 | 0.14 | 2014b |
| all | 00.4 | 1.3 | 0.14 | 2016b | |
| 2000 to <3700kW | all | 0.03d | 1.3 | 0.14 | 2016b,c,d |
| 1400 to <2000 kW | all | 0.03 | 1.3 | 0.14 | 2014b,c |
| 600 to <1400 kW | all | 0.03 | 1.3 | 0.14 | 2017 |
| (a) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr to g/bhp-hr by the following: g/KW-hr (0.746) = g/bhp-hr | |||||
| (b) Optional compliance start dates may be used within these model years; see 40 CFR part 1042. | |||||
| (c) For Category 2 engines at or above 1400 kW, optional Tier 3 and Tier 4 marine standards are available with some manufacturer restrictions, PM / NOx+HC at 0.10 / 5.8 g/bhp-hr in 2012, with Tier 4 marine standards in 2015. | |||||
| (d) The Tier 3 PM standards continue to apply for Category 1 and Category 2 engines with per-cylinder displacements below 15.0 liters in model years 2014 and 2015 only. For Category 2 engines with per-cylinder displacement at or above 15.0 liters, the PM standard is 0.25 g/bhp-hr for engines at or above 2000 kW and below 3300 kW, and 0.20 g/bhp-hr for engines at or above 3300 kW and below 3700 kW, in model years 2014 and 2015 only. | |||||
"Tier 1 Off-Road or Nonroad Emission Standards (Tier 1 off-road standards)" means an engine subject to the Tier 1 new engine emission standards in Title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a) as they existed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 1 Family Emission Limits (FEL) listed in Title 13, CCR, Section 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as they existed on April 27, 2010, both of which are incorporated herein by reference.
"Tier 2 Off-Road or Nonroad Emission Standards (Tier 2 off-road standards)" means an engine subject to the Tier 2 new engine emission standards in Title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a) as they existed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 2 FEL listed in Title 13, CCR, Section 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as they existed on April 27, 2010, both of which are incorporated herein by reference.
"Tier 3 Off-Road or Nonroad Emission Standards (Tier 3 off-road standards)" means an engine subject to the Tier 3 new engine emission standards in title 13, CCR, Section 2423(b)(1)(A) or Title 40, CFR, Part 89.112(a), as they existed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 3 FEL listed in Title 13, CCR, Section 2423(b)(2)(A) or Title 40, CFR, Part 89.112(d), as they existed on April 27, 2010, both of which are incorporated herein by reference.
"Tier 4 Final Off-Road or Nonroad Emission Standards" means an engine subject to the final after-treatment-based Tier 4 emission standards in Title 13, CCR, Section 2423(b)(1)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 4 FEL listed in Title 13, CCR, 2423(b)(2)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference.
"Tier 4 Interim Off-Road or Nonroad Emission Standards" means an engine subject to the interim Tier 4 emission standards (also known as transitional) in Title 13, CCR, Section 2423(b)(1)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 4 FEL listed in Title 13, CCR, Section 2423(b)(2)(B) or Title 40, CFR, Part 1039.101, as they existed on April 27, 2010, both of which are incorporated herein by reference.
"Total Hydrocarbons (THC)" means the total mass of open chain and cyclic hydrocarbon molecules.
"Towboat" means any self-propelled vessel engaged in or intending to engage in the service of pulling, pushing, or hauling along side barges or other vessels, or any combination of pulling, pushing, or hauling along side barges or other vessels.
"Tugboat" means any self-propelled vessel engaged in, or intending to engage in, the service of pulling, pushing, maneuvering, berthing, or hauling along side other vessels, or any combination of pulling, pushing, maneuvering, berthing or hauling along side such vessels in harbors, over the open seas, or through rivers and canals. Tugboats generally can be divided into three groups: harbor or short-haul tugboats, ocean-going or long-haul tugboats, and barge tugboats. "Tugboat" is interchangeable with "towboat" and "push boat" when the vessel is used in conjunction with barges. On and after January 1, 2023, "tugboat" also includes ship-assist and escort tugboats, ocean-going ATB and line towing tugboats, and near-shore pushing and towing tugboats.
"U.S. Coast Guard Documentation Number (USCG Number)" is a national form of registration that provides conclusive evidence of nationality for international purposes, provides for unhindered commerce between the states, and admits vessels to certain restricted trades, such as coastwise trade and the fisheries.
"Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)" means the ARB regulatory procedure codified in title 13, CCR, commencing with section 2700, which is incorporated herein by reference, that engine manufacturers, sellers, owners, or operators may use to verify the reductions of diesel PM or NOx from in-use diesel engines through the use of a particular diesel emission control strategy.
"Verified Diesel Emission Control Strategy (VDECS)" means an emission control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in title 13, CCR, commencing with section 2700. VDECS can be verified to achieve Level 1 diesel PM reductions (25-49 percent), Level 2 diesel PM reductions (50-84 percent), or Level 3 diesel PM reductions (85 percent or greater). VDECS may also be verified to achieve NOx reductions.
"Vessel" or "Marine Vessel" means any tugboat, tanker, freighter, passenger ship, barge, or other boat, ship, or watercraft, except those used primarily for recreation.
"Vessel Tenant" means a commercial harbor craft vessel that docks or moors for seven (7) or more days in a calendar month at a specific facility.
"Water Taxi" means a ferry, including U.S. Coast Guard uninspected passenger vessels carrying six or fewer passengers for hire and U.S. Coast Guard inspected passenger vessels carrying seven or more passengers for hire, that transits paying passengers to any destination rather than operating over a fixed route and schedule.
"Workboat" means a self-propelled vessel that is used to perform duties such as fire/rescue, law enforcement, hydrographic surveys, spill/response, research, training, and construction (including drilling). On and after January 1, 2023, "Workboat" means a self-propelled vessel that is used to perform any duty not specifically listed by another category of commercial harbor craft.
"Zero-Emission" means a propulsion system or auxiliary power system that generates no tailpipe exhaust emissions other than water vapor or diatomic nitrogen from the onboard source(s) of power. This includes vessels utilizing a zero-emission propulsion and auxiliary power system.
"Zero-Emission and Advanced Technology (ZEAT)" collectively includes zero-emission capable hybrid vessels and zero-emission vessels.
"Zero-Emission Capable Hybrid Vessel" means a commercial harbor craft utilizing a hybrid power system with two or more onboard power sources, one or more of which is approved by CARB's E.O. to be capable of providing a minimum of 30 percent of vessel power required for main propulsion and auxiliary power operation with zero tailpipe emissions when averaged over a calendar year.
"Zero-Emission Infrastructure" means installed dockside infrastructure necessary to support operation of a ZEAT vessel. For example, charging equipment for propulsion system batteries, on-dock hydrogen storage tanks, and fueling infrastructure.
Beginning January 1, 2009, a person subject to this section may only fuel a diesel engine on a harbor craft with one of the following:
Beginning January 1, 2009, a person subject to this section may not operate a harbor craft without an installed and properly operating, non-resettable hour meter, which accurately measures the number of hours an engine operates. The hour meter must be installed on each diesel engine on the vessel in a manner that allows reasonable personnel access to the hour meter without impediment. Beginning January 1, 2023, if an hour meter fails to properly operate in accordance with manufacturer specifications, a person subject to this section must, within 30 days, replace the hour meter that is failing to operate properly and report to CARB the date the hour meter stopped operating properly, the date the hour meter was replaced, and the hour readings of both the hour meter that failed to operate properly and the replacement hour meter as of the date of replacement. Beginning January 1, 2023, if an existing hour meter is replaced, a person subject to this section must, within 30 days, report to CARB the date the existing hour meter was replaced, and the hour readings of both the existing hour meter that was replaced and of the replacement hour meter as of the date of replacement.
During the time period beginning January 1, 2009 and ending December 31, 2022, a person subject to this section may not sell, purchase, offer for sale, lease, rent, import, or otherwise acquire a new or in-use diesel engine for an in-use harbor craft, which is intended to operate or actually operates in any of the Regulated California Waters, unless that engine on the date of acquisition:
During the time period beginning January 1, 2009 and ending December 31, 2022, a person subject to this section may not sell, purchase, offer for sale, lease, rent, import, or otherwise acquire a new harbor craft for use in any of the Regulated California Waters unless each diesel propulsion and auxiliary engine on the vessel meets the applicable Tier 2, Tier 3, or Tier 4 marine standards in effect on the date of vessel acquisition. Auxiliary or propulsion engines meeting the applicable Tier 2, Tier 3, interim Tier 4, or final Tier 4 off-road standards in effect on the date of vessel acquisition may be sold, purchased, offered for sale, leased, rented, imported, or otherwise acquired for use if the engine or vessel manufacturer has complied with 40 CFR § 1042.605 (Marinized land-based engines already certified to other standards for nonroad or heavy-duty highway engines for marine use), as it existed on April 27, 2010. Diesel propulsion engines in new ferries with a capacity to transport more than 75 passengers in Regulated California Waters must also meet the requirements specified in subsection (e)(5) below.
For purposes of this section, DECS may include, but is not limited to, exhaust treatment controls and the use of alternative fuels or fuel additives.
For all new ferries for which the keel is laid on or after January 1, 2009, the application for BACT approval must be submitted in writing to the E.O. for evaluation before the keel is laid. The BACT application must contain, at a minimum, the following information:
The E.O. shall make the approval/disapproval notification to the applicant and identification of the approved/disapproved BACT available to the public on CARB's internet site.
A person who owns or operates a new ferry with the capacity to transport 75 or more passengers and that is used in Regulated California Waters must maintain operating records and other information in the manner and form specified by the E.O. in the BACT approval and must submit to CARB upon request all records and reports created pursuant to this provision, which must be maintained and retained for CARB inspection a minimum of three years after the records or reports were created.
This subsection (e)(6) applies, until December 31, 2022, to any person who owns, operates, sells, purchases, offers for sale, leases, rents, imports, or otherwise acquires an in-use ferry, excursion vessel, tugboat, towboat, push boat, crew and supply vessel, or barge and dredge vessel (in-use regulated category vessel) with a pre-Tier 1- or Tier 1-certified marine or off-road engine operating in any one of the above regulated in-use vessel categories for:
For purposes of this subsection, "applicable compliance date" is either the compliance date, as set forth in subsection (e)(6)(D) for the in-use engine, or the compliance date from subsection (e)(6)(D) for the in-use engine, as extended pursuant to subsection (e)(6)(E), whichever applies and occurs later.
A person may comply under this method by replacing the in-use engine with an engine certified to Tier 2 or Tier 3 marine or off-road engine emission standards as set forth in this paragraph. The replacement engine must meet the U.S. EPA Tier 2 or Tier 3 marine or off-road engine emission standards that would apply to a new engine, of the same size and configuration as the in-use engine, at the time of the applicable compliance date set forth in subsection (e)(6)(D). The replacement engine must meet the provisions of section 93118.5(e)(3).
[NOTE: For example, if the applicable compliance date is January 1, 2010, and the Tier 2 marine or off-road emission standards would be in effect at that time for a new engine of the same size and configuration as the in-use engine, the replacement would need to meet Tier 2 marine or off-road emission standards. However, if the applicable compliance date is instead January 1, 2013, and the Tier 3 marine or off-road emission standards would be in effect for a new engine of the same size and configuration as the in-use engine, the replacement engine would need to meet Tier 3 marine or off-road emission standards.]
Once the in-use engine has been replaced with an engine that is U.S. EPA-certified to meet Tier 2 or Tier 3 marine or off-road emission standards, as set forth above, the engine is deemed to be in compliance with this subsection (e)(6) and no further replacements of this engine are required under this subsection. Tier 3-certified marine or off-road engines may be used as the replacement engine to comply with this paragraph, even if Tier 4-certified marine or off-road emission engines become available by the applicable compliance date;
The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any information he/she determines is not reliable or credible.
The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any information he/she determines is not reliable or credible.
A person may comply under this method by demonstrating to the E.O.'s written satisfaction that the engine is a low-use engine. This compliance method requires the person to provide records to the E.O. of the engine's total annual hours of operation while operating in any of the regulated in-use vessel categories for the calendar year immediately preceding the demonstration. The person must also provide documentation sufficient for the E.O. to project future annual hours of operation for the engine. The person will be deemed in compliance with this method only if such records and documentation demonstrate to the E.O.'s written satisfaction that the in-use engine has not and will not operate 300 or more hours per calendar year in any of the regulated in-use vessel categories with the exception of the dredge or barge categories, or 80 or more hours per calendar year in either the dredge or barge categories.
Table 7, Table 8, Table 9, and Table 10 below set forth the compliance dates by which a person must meet the requirements of subsection (e)(6)(A). Table 7 applies only to engines on ferries, excursion vessels, tugboats, towboats, and push boats with a homeport outside of the SCAQMD; Table 8 applies only to engines on ferries, excursion vessels, tugboats, towboats, and push boats with a homeport within the SCAQMD; Table 9 applies only to engines on crew and supply vessels; and Table 10 applies only to engines on barge and dredge vessels. The compliance dates are set forth by engine model year and total annual hours of operation (for use in any regulated in-use vessel category) of the vessel in Regulated California Waters. For Table 7, Table 9, and Table 10, Method D1, D2, or D3 below may be used for determining the actual or effective engine model year. For Table 8, only Method D1 or D3 may be used for determining the actual or effective engine model year.
A person may determine an engine's compliance date under this method by using the engine's actual model year of manufacture, as documented by the sales contract, invoice, purchase order, or other legitimate proof of purchase for the engine. The actual model year of manufacture may also be shown on a label permanently affixed to the engine by the manufacturer. In the event of a conflict between the proof of purchase and the permanent label, the date of manufacture shown on the permanent label controls.
A person may determine an engine's compliance date under this method by calculating the engine's effective model year as the actual model year, using Method D1 above, and adding to that number 5 more years. To use this method, the person must use a diesel emissions control strategy (DECS) with the engine, as set forth below:
The E.O. may, in his/her sole discretion and based on good engineering judgment, exclude any data derived from the test methods under paragraph b above that he/she determines are not reliable or credible.
A person's use of a DECS or VDECS, which meets the requirements of this provision, extends the engine's compliance date to the compliance date for a similar engine that is five model years newer (i.e., the actual model year for the engine with the emissions control strategy + 5).
[NOTE: For example, the owner of a 1995 model year engine on a tugboat, which has a homeport outside of SCAQMD and operates in Regulated California Waters for 750 hours in 2013, would normally be required to meet a December 31, 2014 compliance date, as set forth in Table 7. However, if a DECS that meets the requirements of this provision is implemented with this engine prior to the 2014 nominal compliance date, the engine's actual compliance date would be extended to the compliance date for a 2000 model year engine (i.e., the effective model year = the 1995 model year + 5). Accordingly, in that scenario, the engine's effective model year would extend the compliance date to December 31, 2016].
A person may determine an engine's compliance date by demonstrating, to the E.O.'s written satisfaction, that the engine is an existing pre-2004 model year engine that was rebuilt to conform with U.S. EPA Tier 1 marine standards prior to January 1, 2008. If the E.O. is thus satisfied, the effective model year of the Tier 1 rebuilt engine, for purposes of determining the compliance date in Table 7, Table 8, Table 9, or Table 10, is the actual year in which the Tier 1 rebuild occurred.
Table 7: Compliance Dates for Engines on Ferries, Excursion Vessels, Tugboats, Towboats, and Push Boats with Homeports Outside SCAQMD
| Engine Model Year | Total Annual Hours of Operation | Compliance Date |
| 1975 and earlier | [GREATER THAN OR EQUAL TO] 1500 | 12/31/2009 |
| 1975 and earlier | [GREATER THAN OR EQUAL TO]300 and <1500 | 12/31/2010 |
| 1976-1985 | [GREATER THAN OR EQUAL TO] 1500 | 12/31/2011 |
| 1976-1985 | [GREATER THAN OR EQUAL TO] 300 and <1500 | 12/31/2012 |
| 1986-1995 | [GREATER THAN OR EQUAL TO]1500 | 12/31/2013 |
| 1986-1995 | [GREATER THAN OR EQUAL TO] 300 and < 1500 | 12/31/2014 |
| Ferries Only | ||
| 1996-1999 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2014 |
| Vessels Other Than | ||
| Ferries | [GREATER THAN OR EQUAL TO] 1500 | 12/31/2015 |
| 1996-1999 | ||
| Vessels Other Than | ||
| Ferries | [GREATER THAN OR EQUAL TO] 300 and <1500 | 12/31/2016 |
| 1996-1999 | ||
| 2000 | [GREATER THAN OR EQUAL TO] 1500 | 12/31/2015 |
| 2000 | [GREATER THAN OR EQUAL TO] 300 and <1500 | 12/31/2016 |
| 2001-2002 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2017 |
| 2003 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2018 |
| 2004 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2019 |
| 2005 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2020 |
| 2006 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2021 |
| 2007 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2022 |
[NOTE: For example, if a 1982-model year diesel engine on a tugboat operating in Regulated California Waters is used for 750 hours in 2011, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(6)(C) by December 31, 2012.]
Table 8: Compliance Dates for Engines on Ferries, Excursion Vessels, Tugboats, Towboats, and Push Boats with Homeports in SCAQMD
| Engine Model Year | Total Annual Hours of Operation | Compliance Date |
| 1979 and earlier | [GREATER THAN OR EQUAL TO] 300 | 12/31/2009 |
| 1980-1985 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2010 |
| 1986-1990 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2011 |
| 1991-1995 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2012 |
| 1996-2000 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2013 |
| 2001 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2014 |
| 2002 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2015 |
| 2003 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2016 |
| 2004 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2017 |
| 2005 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2018 |
| 2006 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2019 |
| 2007 | [GREATER THAN OR EQUAL TO] 300 | 12/31/2020 |
[NOTE: For example, if a 1982-model year diesel engine on a tugboat operating in Regulated California Waters is used for 300 or more hours in 2009, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(6)(C) by December 31, 2010.].
Table 9: Compliance Dates for Engines on Crew and Supply Vessels Statewide
| Engine Model Year | Total Annual Hours of Operation | Compliance Date |
| 1985 and earlier | > 1500 | 12/31/2011 |
| 1985 and earlier | > 300 and < 1500 | 12/31/2012 |
| 1986-1995 | > 1500 | 12/31/2013 |
| 1986-1995 | > 300 and < 1500 | 12/31/2014 |
| 1996-2000 | > 1500 | 12/31/2015 |
| 1996-2000 | > 300 and < 1500 | 12/31/2016 |
| 2001-2002 | > 300 | 12/31/2017 |
| 2003 | > 300 | 12/31/2018 |
| 2004 | > 300 | 12/31/2019 |
| 2005 | > 300 | 12/31/2020 |
| 2006 | > 300 | 12/31/2021 |
| 2007 | > 300 | 12/31/2022 |
Table 10: Compliance Dates for pre-Tier 1 and Tier 1 Engines on Dredge and Barge Vessels Statewide
| Engine Model Year | Total Annual Hours of Operation | Compliance Date |
| 1975 and earlier | >80 | 12/31/2011 |
| 1976-1980 | >80 | 12/31/2012 |
| 1981-1985 | >80 | 12/31/2013 |
| 1986-1990 | >80 | 12/31/2014 |
| 1991-1995 | >80 | 12/31/2015 |
| 1996-1999 | >80 | 12/31/2016 |
| 2000-2001 | >80 | 12/31/2017 |
| 2002 | >80 | 12/31/2018 |
| 2003 | >80 | 12/31/2019 |
| 2004 | >80 | 12/31/2020 |
| 2005 | >80 | 12/31/2021 |
| 2006 | >80 | 12/31/2022 |
Pursuant to this subsection (e)(6)(E), a person subject to the requirements of subsection (e)(6)(C) may request in writing to the E.O. an extension to a compliance date set forth in subsection (e)(6)(D) (i.e., extension to the "nominal" compliance date). The E.O. may grant the person an extension to the nominal compliance date for any one of the reasons set forth below. A person granted such an extension is deemed to be in compliance with the requirements of subsection (e)(6)(C) during the extension period, but only upon written authorization from the E.O. made pursuant to this provision and only until the end of the extension period. During the extension, the person must meet all other requirements of this section. Immediately upon the end of the extension period, the person must meet all the applicable requirements of this section.
Except as provided in paragraph (e)(6)(E)3 below, the E.O. may not combine compliance extensions granted pursuant to this provision with any other compliance date extensions, including those set forth in this provision and in subsection (e)(6)(D)2 and (D)3. And except as provided in paragraphs (e)(6)(E)2 and (e)(6)(E)3 below, under no circumstances may the E.O. grant more than one compliance extension for any individual engine, set of engines, or harbor craft.
The E.O. may grant a one-time, maximum one year extension to the nominal compliance date set forth in subsection (e)(6)(D), provided the person demonstrates to the E.O.'s written satisfaction that all of the following have occurred:
[NOTE: For example, suppose an operator has a 1982-model year engine on a tugboat, which has a homeport outside of SCAQMD and operates for 750 hours in Regulated California Waters in 2010. If it is reasonable for the operator to assume the annual hours of operation in 2011 will be similar to 2010, the operator would project from Table 7 that the engine's compliance date is December 31, 2012, and would plan his operations accordingly. However, if the vessel engine's operation increased substantially to 1600 hours in 2011, the engine normally would then have its compliance date accelerated to December 31, 2011, according to Table 7. The one-year extension would, therefore, extend the engine's actual compliance date back to what it would have been without the change in hours of operation (i.e., back to December 31, 2012).]
The E.O. may grant to a person a one year extension, which can be renewed annually, only if the person demonstrates to the E.O.'s written satisfaction that there is no suitable Tier 2 or Tier 3 marine or off-road-certified replacement engine available anywhere that can be used in the person's specific vessel, and the person cannot otherwise meet the requirements of subsection (e)(6)(C).
The E.O., in his/her sole discretion, may use any information available to the E.O. to rebut the person's demonstration. For purposes of this paragraph, the E.O. may deem an engine as suitable to replace an existing engine if the replacement engine is similar in horsepower to the existing engine, the replacement engine can fit within the vessel's engine compartment, and installation of the replacement engine would not cause the vessel to violate U.S. Coast Guard or other applicable safety regulations. The E.O. may not consider the cost of the replacement engine, by itself or including installation and downtime costs, in determining its suitability as a replacement.
The application for and issuance of an initial extension and subsequent extensions pursuant to this paragraph are subject to the following requirements:
Upon written request, the E.O. may grant to a person a 6-month extension to the nominal compliance date set forth in subsection (e)(6)(D), provided all the following criteria are met:
This provision applies only to fleets of 2 or more vessels that are owned by the same person. Upon written request, the E.O. may grant to the person an extension to the nominal compliance date(s) for engines on vessels within such fleets, as set forth below;
For all engines within a person's fleet that have not been granted an extension pursuant to paragraphs a or b above, the compliance dates for such engines remain as set forth in subsection (e)(6)(D).
The following requirements apply to any person's use of a DECS pursuant to subsections (e)(5) or (e)(6) and are in addition to any other applicable requirements:
Beginning January 1, 2023, any person subject to this subsection shall not sell, purchase, lease, rent, or import; offer for sale; or otherwise acquire or supply a new or in-use engine for a new or in-use harbor craft that is intended to operate or currently operates in RCW, unless that engine, on the date of acquisition, conforms to any one of the following subsections (A) through (E):
The E.O. may, in their sole discretion and based on good engineering judgment, exclude any information they determine is not reliable or credible;
Table 11: Performance Standards * for Propulsion and Auxiliary Marine Engines -- Tier 4 + DPF | |||||||
| Category | Displacement | Maximum | Tier 4 | NOx | HC | PM | CO |
| (L/cylinder) | Engine | Engine | (g/bhp- | (g/bhp-hr) | (g/bhp- | (g/bhp- | |
| Power (KW) | Model Year | hr) (a) | (a) | hr) (a) | hr) (a) | ||
| C1 Commercial | All | kW < 1,400 | 2017+ | 1.3 | 0.14 | 0.005 | 3.73 |
| C1 Commercial | All | 1,400 [LESS THAN EQUAL TO] kW < 2,000 | 2016+ | 1.3 | 0.14 | 0.005 | 3.73 |
| C1 Commercial | All | 2,000 [LESS THAN EQUAL TO] kW < 3,700 | 2014+ | 1.3 | 0.14 | 0.005 | 3.73 |
| C1 Commercial | < 7.0 | [GREATER THAN OR EQUAL TO] 3,700 | 2014-2015 | 1.3 | 0.14 | 0.010 | 3.73 |
| C1 Commercial | < 7.0 | [GREATER THAN OR EQUAL TO] 3,700 | 2016+ | 1.3 | 0.14 | 0.010 | 3.73 |
| C2 Commercial | All | 600 [LESS THAN EQUAL TO] kW < 1,400 | 2017+ | 1.3 | 0.14 | 0.005 | 3.73 |
| C2 Commercial | All | 1400 [LESS THAN EQUAL TO] kW < 2,000 | 2016+ | 1.3 | 0.14 | 0.005 | 3.73 |
| C2 Commercial | All | 2,000 [LESS THAN EQUAL TO] kW < 3,700 | 2014+ | 1.3 | 0.14 | 0.005 | 3.73 |
| C2 Commercial | < 15.0 | [GREATER THAN OR EQUAL TO] 3,700 | 2014-2015 | 1.3 | 0.14 | 0.010 | 3.73 |
| C2 Commercial | 15.0 [LESS THAN EQUAL TO] disp < 30.0 | [GREATER THAN OR EQUAL TO] 3,700 | 2014-2015 | 1.3 | 0.14 | 0.030 | 3.73 |
| C2 Commercial | All | [GREATER THAN OR EQUAL TO] 3,700 | 2016+ | 1.3 | 0.14 | 0.010 | 3.73 |
| * Note: Performance standards are emissions measured when tested on CARB diesel, not R100 if engines are diesel-fueled, and testing should be done pursuant to requirements as outlined in subsection (q). | |||||||
| (a) Converted emission standards from 40 CFR part 1042 , which are expressed in g/kW-hr, to g/bhp-hr in Table 11 by the following: g/kW-hr * (0.746) = g/bhp-hr. | |||||||
Table 12: Performance Standards * for Propulsion and Auxiliary Marine Engines -- Tier 3 + DPF
| Category | Displacement | Maximum | Tier 3 | HC+NOx | PM | CO |
| (L/cylinder) | Engine | Engine | (g/bhp- | (g/bhp- | (g/bhp- | |
| Power | Model | hr) (a) | hr) (a) | hr) (a) | ||
| (kW) | Year | |||||
| C1 Commercial < 75 kW | < 0.9 | < 8 | 2009+ | 5.6 | 0.045 | 5.97 |
| C1 Commercial < 75 kW | < 0.9 | 8 [LESS THAN EQUAL TO] kW < 19 | 2009+ | 5.6 | 0.045 | 4.92 |
| C1 Commercial < 75 kW | < 0.9 | 19 [LESS THAN EQUAL TO] kW < 37 | 2009-2013 | 5.6 | 0.034 | 4.10 |
| C1 Commercial < 75 kW | < 0.9 | 19 [LESS THAN EQUAL TO] kW < 37 | 2014+ | 3.5 | 0.022 | 3.73 |
| C1 Commercial < 75 kW | < 0.9 | 37 [LESS THAN EQUAL TO] kW < 75 | 2009-2013 | 5.6 | 0.034 | 3.73 |
| C1 Commercial < 75 kW | < 0.9 | 37 [LESS THAN EQUAL TO] kW < 75 | 2014+ | 3.5 | 0.034 | 3.73 |
| C1 Commercial | < 0.9 | [GREATER THAN EQUAL TO] 75 | 2012+ | 4.0 | 0.016 | 5.97 for < 8 kW |
| Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 4.92 for 8 [LESS THAN EQUAL TO] kW < 19 | |||||
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 0.9 [LESS THAN EQUAL TO] disp < 1.2 | All | 2013+ | 4.0 | 0.013 | 4.10 for 19 [LESS THAN EQUAL TO] kW < 37 |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 1.2 [LESS THAN EQUAL TO] disp < 2.5 | < 600 | 2014-2017 | 4.2 | 0.010 | 3.73 for >= 37 kW |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 1.2 [LESS THAN EQUAL TO] disp < 2.5 | < 600 | 2018+ | 4.2 | 0.010 | |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 2.5 [LESS THAN EQUAL TO] disp < 3.5 | <600 | 2013-2017 | 4.2 | 0.010 | |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 2.5 [LESS THAN EQUAL TO] disp < 3.5 | <600 | 2018+ | 4.2 | 0.010 | |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 3.5 [LESS THAN EQUAL TO] disp < 7.0 | < 600 | 2012-2017 | 4.3 | 0.010 | |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 3.5 [LESS THAN EQUAL TO] disp < 7.0 | < 600 | 2012-2017 | 4.3 | 0.010 | |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 3.5 [LESS THAN EQUAL TO] disp < 7.0 | < 600 | 2018+ | 4.3 | 0.010 | |
| C1 Commercial Engines with [LESS THAN EQUAL TO] 35 kW/L power density | 3.5 [LESS THAN EQUAL TO] disp < 7.0 | < 600 | 2018+ | 4.3 | 0.010 | |
| C1 Commercial | < 0.9 | [GREATER THAN EQUAL TO] 75 | 2012+ | 4.3 | 0.017 | 5.97 for < 8 kW |
| Engines with > 35 kW/L power density | 4.92 for 8 [LESS THAN EQUAL TO] kW < 19 | |||||
| C1 Commercial Engines with > 35 kW/L power density | 0.9 [LESS THAN EQUAL TO] disp < 1.2 | All | 2013+ | 4.3 | 0.010 | 4.10 for 19 [LESS THAN EQUAL TO] kW < 37 |
| C1 Commercial Engines with > 35 | 1.2 [LESS THAN EQUAL TO] disp < 2.5 | All | 2014+ | 4.3 | 0.010 | 3.73 for >= 37 |
| kW/L power density | 2.5 [LESS THAN EQUAL TO] disp < 3.5 | All | 2013+ | 4.3 | 0.010 | |
| C1 Commercial Engines with > 35 kW/L power density | 3.5 [LESS THAN EQUAL TO] disp < 7.0 | All | 2012+ | 4.3 | 0.010 | |
| C2 | 7.0 [LESS THAN EQUAL TO] disp < 15.0 | < 600 | 2013+ | 4.6 | 0.010 | 3.73 |
| C2 | 15.0 [LESS THAN EQUAL TO] disp < 20.0 | < 600 | 2014+ | 5.2 | 0.038 | 3.73 |
| C2 | 20.0 [LESS THAN EQUAL TO] disp < 25.0 | < 600 | 2014+ | 7.3 | 0.030 | 3.73 |
| C2 | 25.0 [LESS THAN EQUAL TO] disp < 30.0 | < 600 | 2014+ | 8.2 | 0.030 | 3.73 |
| C3 | [GREATER THAN EQUAL TO]30.0 | All | 2016+ | (2.5 NOx + 1.5 HC) (b) (rpm < 130) | 0.010 | 3.73 |
| C3 | [GREATER THAN EQUAL TO] 30.0 | All | 2016+ | (6.7 x N-0.20(c) NOx + 1.5 HC) (b) (130 [LESS THAN EQUAL TO] rpm <2,000) | 0.010 | 3.73 |
| C3 | >=30.0 | All | 2016+ | (1.5 NOx + 1.5 HC) (b) (rpm >= 2,000) | 0.010 | 3.73 |
| * Note: Performance standards are emissions measured when tested on CARB diesel, not R100 if engines are diesel-fueled, and testing should be done pursuant to requirements as outlined in subsection (q). | ||||||
| (a) Converted emission standards from 40 CFR part 1042, which are expressed in g/kW-hr, to g/bhp-hr in Table 12 by the following: g/kW-hr * (0.746) = g/bhp-hr. | ||||||
| (b) The C3 Tier 3 standard is for NOx and HC respectively in g/bhp-hr. | ||||||
| (c) N is the maximum test speed of the engine in revolutions per minute (rpm). | ||||||
Table 13: Performance Standards * for Propulsion and Auxiliary Off-Road Engines -- Tier 4 Final + DPF
| Rated | Tier 4 | NMHC | NMHC + | NOx | PM | CO |
| Power | Engine | (g/bhp- | NOx | (g/bhp- | (g/bhp- | (g/bhp- |
| (kW) | Model | hr) (b) | (g/bhp- | hr) (b) | hr) (b) | hr) (b) |
| Year | hr) (b) | |||||
| C1 Commercial < 75 kW | < 0.9 | < 8 | 2009+ | 5.6 | 0.045 | 5.97 |
| kW < 8 | 2008+ | - | 5.6 | - | 0.045 | 5.97 |
| 8 [LESS THAN EQUAL TO] kW <19 | 2008+ | - | 5.6 | - | 0.045 | 4.92 |
| 19 [LESS THAN EQUAL TO] kW < 37 | 2013+ | - | 3.5 | - | 0.005 | 4.10 |
| 37 [LESS THAN EQUAL TO] kW < 56 | 2013+ | - | 3.5 | - | 0.005 | 3.73 |
| 56 [LESS THAN EQUAL TO] kW < 75 | 2014+ | 0.14 | - | 0.30 | 0.005 | 3.73 |
| 75 [LESS THAN EQUAL TO] kW < 130 | 2014+ | 0.14 | - | 0.30 | 0.005 | 3.73 |
| 130 [LESS THAN EQUAL TO] kW < 225 | 2014+ | 0.14 | - | 0.30 | 0.005 | 2.61 |
| 225 [LESS THAN EQUAL TO] kW < 450 | 2014+ | 0.14 | - | 0.30 | 0.005 | 2.61 |
| 450 [LESS THAN EQUAL TO] kW < 560 | 2014+ | 0.14 | - | 0.30 | 0.005 | 2.61 |
| 560 [LESS THAN EQUAL TO] kW < 900 | 2015+ | 0.14 | - | 2.61 / 0.50 (a) | 0.005 | 2.61 |
| kW [GREATER THAN EQUAL TO] 900 | 2015+ | 0.14 | - | 2.61 / 0.50 (a) | 0.005 | 2.61 |
| * Note: Performance standards are emissions measured when tested on CARB diesel, not R100 if engines are diesel-fueled, and testing should be done pursuant to requirements as outlined in subsection (q). | ||||||
| (a) The NOx standard for generator sets is 0.50 g/bhp-hr. | ||||||
| (b) Converted emission standards from 40 CFR 1039, which are expressed in g/kW-hr, to g/bhp-hr in Table 13 by the following: g/kW-h * (0.746) = g/bhp-hr. | ||||||
Table 14: Compliance Dates for Zero-Emission and Advanced Technologies
| Marine Technology | Vessel Category | ZEAT Required |
| Type | Requirement | Starting On |
| Zero-Emission Capable Hybrid | New and Newly Acquired Excursion Vessels | December 31, 2024 |
| Zero-Emission | New, Newly Acquired and In-Use Short-Run Ferries | December 31, 2025 |
At least 18 months prior to the compliance date, a ZEAT application must be submitted with the following information:
If a person adopts a ZEAT on new or newly acquired excursion vessels or short-run ferries no later than three years prior to compliance dates shown in Table 14, or at any time for any other category of vessel, the person may be granted additional compliance time as set forth in Table 15 for another excursion vessel or short-run ferry subject to subsection (e)(10), for all in-use engines to meet performance standards in subsection (e)(12) on another vessel in any regulated in-use category, or for all in-use engines to meet the requirements for commercial fishing vessels in subsection (e)(13) that is under a person's direct control and operating within the same California air basin.
Table 15. ZEAT Credit Time for Surplus ZEAT Deployment
| Marine Technology Type | Additional Compliance Time |
| Zero-Emission Capable Hybrid | 3 Extra Years |
| Zero-Emission | 7 Extra Years |
NOTE: The ZEAT credits in Table 15 are only issued in three- and seven-year increments, subject to the condition that the length of the additional compliance time may not extend beyond December 31, 2034, pursuant to subsection (e)(11)(B)7.
For example, a pilot boat, which is not subject to ZEAT requirements as set forth in subsection (e)(10) but must meet Tier 4 + DPF performance standards as set forth in subsection (e)(12) by December 31, 2027, is removed from service and replaced with a zero-emission vessel on December 31, 2026. In this scenario, the owner or operator of the pilot boat may request that CARB grant seven additional years to the compliance date for another vessel in the owner or operator's fleet that is operating in the same air basin, to comply with requirements of subsection (e)(12). However, the additional compliance time may not extend past December 31, 2034.
Regulated in-use vessels with pre-Tier 1- or Tier 1-certified engines may follow any of the below applicable compliance methods (e)(12)(C)(1) through (3) to comply with the performance standards set forth in subsection (e)(9).
A person may comply under this method by replacing the in-use engine with an engine certified to the most stringent marine standards (Tier 3 or Tier 4), or Tier 4 Final off-road engine emission standards applicable to a new engine with the applicable horsepower rating and duty cycle rating as the in-use engine at issue and that meets the applicable performance standards in subsection (e)(9) in its certified condition by U.S. EPA or CARB. The replacement engine must meet CARB defined performance standards that would apply to a new engine, of the applicable horsepower rating and duty cycle rating as the in-use engine, at the time of the compliance date set forth in subsection (e)(12)(D) plus any compliance extensions approved pursuant to subsection (e)(12)(E).
If an engine does not meet the most stringent marine standards (Tier 3 or Tier 4), or Tier 4 Final off-road standards applicable to a new engine with the applicable horsepower rating and duty cycle rating as the in-use engine at issue, and the applicable performance standards in subsection (e)(9), a person may comply under this method by repowering or rebuilding the in-use engine with an engine certified to the most stringent marine standards (Tier 3 or Tier 4), or Tier 4 Final off-road engine emission standards applicable to a new engine with applicable horsepower rating and duty cycle rating as the in-use engine and by additionally retrofitting the engine with a DPF.
A person may comply under this method by demonstrating that the tailpipe emissions meet the most stringent marine standards (Tier 3 or Tier 4), or Tier 4 Final off-road standards applicable to a new engine with the applicable horsepower rating and duty cycle rating as the in-use engine at issue, and also the applicable performance standards in subsection (e)(9). To comply with this method, the applicant must follow the provisions set forth in subsection (f).
Any pre-Tier 1 or Tier 1 certified engines on regulated in-use vessels may meet CARB performance standards using the phase-in method described below:
Table 16, Table 17, Table 18, and Table 19 below set forth the compliance dates by which a person must demonstrate that a regulated in-use vessel or engine meets the requirements of subsection (e)(12)(B). Table 16 applies only to any pre-Tier 1 and Tier 1 certified engines on regulated in-use vessels that were not subject to the in-use engine compliance requirements prior to January 1, 2023; Table 17 applies only to Tier 2, Tier 3, or Tier 4 engines on ferries (except for short-run ferries), pilot vessels, all tugboats, towboats, and push boats; Table 18 applies only to Tier 2, Tier 3, or Tier 4 engines on research vessels, commercial passenger fishing vessels, and in-use excursion vessels, and Table 19 applies to Tier 2, Tier 3, or Tier 4 engines on barge and dredge vessels, crew and supply vessels, and workboats. The compliance dates are set forth by engine model year. For Table 16, Table 17, Table 18, and Table 19, Method D1 or D2 below may be used for determining the actual or effective engine model year.
Table 16: Compliance Dates for Any Pre-Tier 1- and Tier 1-Certified Engines on All Regulated In-Use Vessels
| Engine Model Year | Compliance Date |
| 1993 and earlier | 12/31/2023 |
| 1994 -- 2001 | 12/31/2024 |
| 2002 and later | 12/31/2025 |
[NOTE: For example, for a 1993 model year diesel engine on a research vessel operating in Regulated California Waters, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(12)(C) by December 31, 2023.]
Table 17: Compliance Dates for Tier 2, Tier 3, or Tier 4 Engines on Ferries (Except Short-Run Ferries), Pilot Vessels, All Tug/Towboats, and Push Boats
| Engine Model Year and Vessel Category | Compliance Date |
| 2009 and earlier (Except Pilot Vessels) | 12/31/2024 |
| 2012 and Earlier Pilot Vessels | 12/31/2025 |
| 2010 -- 2012 All Other Vessels * | 12/31/2025 |
| 2013 -- 2015 ** | 12/31/2026 |
| 2016 -- 2019 ** | 12/31/2027 |
| 2020 -- 2021 ** | 12/31/2028 |
| 2022 and later ** | 12/31/2029 |
| * Ferries (Except Short-Run Ferries), All Tug/Towboats, and Push Boats. | |
| ** All vessels listed in the title of this table, including ferries (except short-run), pilot, all tug/towboats, and push boats. | |
[NOTE: For example, for a 2020 model year diesel engine on a tugboat operating in Regulated California Waters, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(12)(C) by December 31, 2028.]
Table 18: Compliance Dates for Tier 2, Tier 3, or Tier 4 Engines on Research Vessels, Commercial Passenger Fishing Vessels, and In-Use Excursion Vessels
| Engine Model Year | Compliance Date |
| 2010 and earlier | 12/31/2026 |
| 2011 -- 2012 | 12/31/2027 |
| 2013 -- 2014 | 12/31/2028 |
| 2015 -- 2017 | 12/31/2029 |
| 2018 and later | 12/31/2030 |
[NOTE: For example, for a 2015 model year diesel engine on a research vessel operating in Regulated California Waters, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(12)(C) by December 31, 2029.]
Table 19: Compliance Dates for Tier 2, Tier 3, or Tier 4 Engines on Barges, Dredges, Crew and Supply Vessels, and Workboats
| Engine Model Year | Compliance Date |
| 2009 and earlier | 12/31/2028 |
| 2010 -- 2013 | 12/31/2029 |
| 2014 -- 2017 | 12/31/2030 |
| 2018 and later | 12/31/2031 |
[NOTE: For example, for a 2010 model year diesel engine on a workboat operating in Regulated California Waters, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(12)(C) by December 31, 2029.]
A person may request that the E.O. grant an extension from the compliance dates forth in subsection (e)(10), (e)(12), (e)(13), or (i)(1) for infrastructure, feasibility, or scheduling delays. Compliance extensions are not transferrable to a subsequent owner after the sale of an engine or vessel. Except for Extension E5 for shipyard delays for new build vessels, owners/operators are not eligible to apply for extensions for newly acquired harbor craft.
With the exception of Extensions E2, Extension E3 for workboats pursuant to subsection (e)(12)(E)3.c.ii., and Extension E4, no extensions may extend beyond December 31, 2034.
With the exception of Extensions E2, Extension E3 for workboats pursuant to subsection (e)(12)(E)3.c.ii, and Extension E4, extensions may be combined, but the combination of extensions may not result in an extension for a single engine more than six years after the compliance date, or for more than eight years after the compliance date for vessels specified in subsection (e)(12)(E)3.c.i.
For each initial extension or renewal of an extension, the E.O. will review the application upon receiving a complete application. The E.O will approve or disapprove the requested compliance extension or renewal by relying on the information in the application, technical feasibility, and product availability as of the date of the deadline of the application, and their good engineering and financial judgment. If an applicant seeks a renewal of an extension, they must submit the same information required for the initial application.
For all regulated in-use vessels other than barges and barge-mounted dredges, to be eligible for this extension, all main propulsion engines must meet Tier 4 marine or Tier 4 Final off-road standards. Auxiliary engines onboard regulated vessels other than barges and barge-mounted dredges will not need to meet Tier 4 standards or be operated below the limits in Table 20 to be eligible for this extension.
Table 20: Annual Operating Thresholds for Feasibility Extension E4 Applicability
| Homebase or Regularly Scheduled Stop Location | Extension Available if Operating Below |
| All Other Areas | 2,600 hours/year |
| Within 2 Miles of a DAC | 1,300 hours/year |
The following requirements apply to any person's use of a DPF and other VDECS pursuant to subsection (e)(9), (e)(10), (e)(12), or (f) and are in addition to any other applicable requirements:
Beginning January 1, 2023, a person who owns, operates, sells, purchases, offers for sale, leases, rents, imports, or otherwise acquires an in-use commercial fishing vessel with a pre-Tier 1- or Tier 1-certified marine or off-road engines may not own, operate, sell, purchase, offer for sale, lease, rent, import, or otherwise acquire an in-use engine, or a commercial fishing vessel with an in-use engine, unless that engine meets, at a minimum, U.S. EPA certified Tier 3 marine or off-road engine standards by the compliance dates as set forth in Table 21. In-use engines meeting Tier 2 marine or off-road standards do not have a compliance deadline for repowering to Tier 3 pursuant to this subsection. Commercial fishing vessels with Pre-Tier 1 or Tier 1 engines may be offered for sale, leased, rented, imported, sold, purchased, or acquired prior to their compliance dates.
Table 21: Compliance Dates for Any Pre-Tier 1 and Tier 1 Certified Engines on Commercial Fishing Vessels
| Engine Model Year | Compliance Date |
| 1987 and earlier | 12/31/2030 |
| 1988 -- 1997 | 12/31/2031 |
| 1998 and later | 12/31/2032 |
[NOTE: For example, for a 1993 model year diesel engine on a commercial fishing vessel operating in Regulated California Waters, the owner or operator must bring the engine into compliance with the requirements of subsection (e)(13) by December 31, 2031.].
Beginning January 1, 2023, a new commercial fishing vessel shall not be built or its keel shall not be laid unless engines on the new build commercial fishing vessel meet the most stringent marine standards (Tier 3 or Tier 4) or Tier 4 Final off-road emission standards in effect on the date of engine acquisition.
Beginning January 1, 2023, a person may apply for a low-use exception to operate, on a limited basis, engines that do not meet the ZEAT requirements in subsection (e)(10), the performance standards set forth in subsection (e)(12), or the engine requirements for commercial fishing vessels in subsection (e)(13).
An E.O. approval letter must be obtained prior to an engine's compliance date as set forth in subsection (e)(10), (e)(12)(D), or (e)(13), compliance date resulting from approved compliance extension(s), or the date that vessels first enter RCW if those vessels are based outside of RCW.
Table 22: Annual Low-Use Hour Limits for Engines on Vessels with a Homebase or Regularly Scheduled Stops Within Two Miles of a Disadvantaged Community (DAC) and All Other Areas
| Engine Tier | Pre-Tier 1 | Tier 1 | Tier 2 | Tier 3 or 4 |
| Limits -- All Other Areas (hours/year) | 80 | 300 | 400 | 700 |
| Limits -- DACs (hours/year) | 40 | 150 | 200 | 350 |
The purpose of this subsection is to allow a person ("person" or "applicant") the option of applying alternative strategies to achieve equivalent or additional emission reductions relative to requirements of subsection (e)(7), (e)(10), (e)(12), or (e)(13).
A person subject to an approved ACE must retain records and reports for the lifetime of each engine and must submit these records and reports to the E.O. in the manner specified in the approved ACE or upon request by the E.O.
Within 30 days after receiving an ACE application, the E.O. shall notify an applicant whether the application is deemed sufficiently complete to proceed with further evaluation. If the application is deemed incomplete, the notification shall identify the application's deficiencies. The applicant must submit supplemental documentation within 30 days of receiving a notification indicating the application is incomplete. The E.O. shall have an additional 30-day period for reviewing each set of documents or information submitted in response to an incomplete determination. Nothing in this subsection prohibits the E.O. from requesting additional information from the applicant, during any part of the ACE application process, which the E.O. determines is necessary to evaluate the application.
After an ACE application has been deemed complete, within 30 days the E.O. shall provide a 30-day public comment period to receive comments on any element of the ACE application and whether the E.O. should approve or disapprove the ACE application based on the contents and merits of the application. The E.O. shall notify all interested parties of the following:
The E.O. shall also make this notification available for public review on the ACE internet site.
Within 30 days after the first public comment period ends, the E.O. shall notify the applicant and all interested parties of CARB's proposed approval or disapproval. This notification shall propose to approve the application as submitted, disapprove the application, or approve the ACE application with modifications as deemed necessary by the E.O. The notification shall identify the start and end dates for the 15-day second public comment period.
During the second public comment period, any person may comment on the E.O.'s proposed approval or disapproval of the ACE application and any element of the application. The E.O. shall also make this notification available for public review on the ACE internet site.
Within 30 days after the second public comment period ends, the E.O. shall take final action to either approve or deny an ACE application and shall notify the applicant accordingly. If the application is denied or modified, the E.O. shall state the reasons for the denial or modification in the notification. The notification to the applicant and approved ACE plan, if applicable, shall be made available to the public on the ACE internet site. In addition, the E.O. shall consider and address all comments received during the first and second public comment periods, and provide responses to each comment on the ACE internet site.
An applicant may apply for renewal of an approved ACE by forwarding the E.O. updated information for all elements of the approved ACE for review and re-approval. The applicant must submit the renewal application so that the E.O. receives the application no later than 30 days prior to the end of the ACE compliance period.
A person with an approved ACE must notify the E.O. in writing within 30 days upon learning of any information that would alter the emissions estimates submitted during any part of the ACE application process. If the E.O. has reason to believe that an approved ACE has been granted to a person that no longer meets the criteria for an ACE, the E.O. may, pursuant to subsection (f)(3) below, modify or revoke the ACE as necessary to assure that the applicant and subject vessel(s) meet the emission reduction requirements in this section.
With 30 days of notice of violation to the ACE holder, the E.O. may revoke or modify, as needed, an approved ACE if any of the following apply:
Public notification of a revocation or modification of an approved ACE shall be made available on the ACE internet site.
All harbor craft subject to this section shall meet the following requirements.
Facility owners and facility operators are jointly responsible for and must provide land-side shore power infrastructure sufficient to provide all auxiliary power needs, up to 99 kW for each vessel docked at their facilities as needed for vessel owners and operators to comply with the requirements as set forth in subsection (h).
The requirements of this subsection apply to any facility at which ZEAT vessels dock or moor.
This subsection applies to all main propulsion and auxiliary engines operating on all vessels (including commercial fishing vessels), and low-use engines regardless of engine model year, engine tier level, or compliance date. Applicable opacity limits as set forth in subsection (k)(2) must be met whenever the test procedure is administered.
Opacity testing shall be performed, and opacity must be measured and evaluated, using Society of Automotive Engineers "Surface Vehicle Recommended Practice, Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles" (SAE J1667, February 1996), which is incorporated herein by reference.
No engine shall exceed the smoke opacity levels provided below in accordance with this subsection.
This subsection applies to owners or operators of all commercial harbor craft subject to this subsection, except for commercial fishing vessels:
Table 23. Annual Fees for Owners or Operators of Regulated In-Use Vessels
| Category | Fee Amount |
| Per vessel, for single-vessel fleets | $364 |
| Per vessel, for all other fleets | $486 |
| Per main engine, for single-vessel fleets | $297 |
| Per main engine, for all other fleets | $396 |
| Per main engine, if complying by low-use exception as set forth in subsection (e)(14) | $594 |
| Late fee, per vessel | $130 |
| Late fee, per engine | $86 |
For example, for a vessel in a multi-vessel fleet with two main engines, the vessel owner or operator shall pay a total of $486 + ($396 x 2) = $1,278 per year for that one vessel. If the operator fails to pay this amount by September 1st, an additional $130 + ($86 x 2) = $302 late fee would be required for this vessel. For a fleet with one vessel only, with three main engines total, one of which is a low-use engine, the vessel owner or operator shall pay a total of $364 + ($297x2) + $594 = $1,552 per year. If the operator fails to pay this amount by September 1st, an additional $130 + ($86 x 3) = $388 late fee would be required for this vessel.
Beginning January 1, 2009, the owner or operator of a harbor craft must maintain the records specified in this subsection on the vessel or at the vessel's homebase for the life of each engine subject to this section, including fleet swing engines and marinized land-based engines. Records required beginning on January 1, 2023 must be maintained beginning January 1, 2023. The owner or operator must provide such records for inspection to an agent or employee of CARB upon request for all harbor craft subject to this section. Records may be provided as a hard copy, electronic, or any alternative reporting strategy approved by the E.O., except as provided in subsection (m)(21)(C). Records provided by the person under this provision must include, at a minimum, the following (if applicable):
Beginning January 1, 2023, the owner or operator of a harbor craft must maintain the following additional records:
An agent or employee of the ARB has the right of entry to board any harbor craft for the purpose of inspecting propulsion and auxiliary engines, emission control strategies, fuel systems, and fuel storage; collecting fuel sample(s) not to exceed one liter per fuel tank; and acquiring and inspecting records required pursuant to this section.
If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this regulation is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulation.
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION
EMISSIONS ASSESSMENT BRANCH
CONTROL STRATEGIES SECTION, HARBOR CRAFT
P.O. BOX 2815
SACRAMENTO, CALIFORNIA 95812-2815
CHIEF, TRANSPORTATION AND TOXICS DIVISION
CALIFORNIA AIR RESOURCES BOARD
C/O COMMERCIAL HARBOR CRAFT
1001 I STREET
SACRAMENTO, CA 95814
Cal. Code Regs. Tit. 17, § 93118.5
2. Amendment of section and NOTE filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
3. Amendment of section and NOTE filed 12-30-2022; operative 12-30-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 52).
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 38580, 39600, 39601, 39650, 39658, 39659, 39666, 39730, 39730.5, 41511, 43013, 43018 and 43019.1, Health and Safety Code. Reference: Sections 38505, 38510, 38560, 38566, 38580, 39650, 39658, 39659, 39666, 39730, 39730.5, 41510, 41511, 43013, 43018 and 43019.1, Health and Safety Code.
1. New section filed 10-20-2008; operative 11-19-2008 (Register 2008, No. 43).
2. Amendment of section and Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
3. Amendment of section and NOTE filed 12-30-2022; operative 12/30/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 52).