Section 2293 - Performance Standards for Ballast Water DischargesThe provisions under this Section apply only to vessels that discharge ballast water in California waters.
(a) Federal Performance Standards for Ballast Water Discharges.(1) Notwithstanding section 2296, the owner or operator of a vessel shall not discharge ballast water in California waters unless the ballast water discharge performance standards set forth in Section 151.2030(a) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended, are met.(2) The performance standards in Section 2293, subdivision (a)(1), must be met according to the implementation schedule in Section 151.2035(b) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended, unless either of the follow conditions are met: (A) The owner or operator of a vessel has been granted an extension to the vessel's compliance date by the United States Coast Guard pursuant to Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended; or(B) The vessel is using water from a Public Water System as ballast water pursuant to Section 2296.(b) Interim California Performance Standards for Ballast Water Discharges. No later than January 1, 2030, the owner or operator of a vessel must comply with the interim California performance standards for the discharge of ballast water. The interim performance standards for the discharge of ballast water in California require that ballast water discharged will contain:
(1) No detectable living organisms that are greater than or equal to 50 micrometers in minimum dimension;(2) Fewer than 0.01 living organisms per mL that are less than 50 micrometers in minimum dimension and greater than or equal to 10 micrometers in minimum dimension;(3) For living organisms that are less than 10 micrometers in minimum dimension: (A) fewer than 1,000 bacteria per 100 mL;(B) fewer than 10,000 viruses per 100 mL;(C) concentrations of microbes that are less than:1. 126 colony forming units per 100 mL of Escherichia coli;2. 33 colony forming units per 100 mL of Intestinal enterococci; and3. 1 colony forming unit per 100 mL or 1 colony forming unit per gram of wet weight of zoological samples of Toxicogenic Vibrio cholerae (serotypes O1 and O139).(c) Final California Performance Standards for Ballast Water Discharges. No later than January 1, 2040, the owner or operator of a vessel to which this Article applies, must implement and meet the final performance standards for the discharge of ballast water. The final performance standards for the discharge of ballast water in California waters require that the ballast water discharged must have zero detectable living organisms for all organism size classes.
Cal. Code Regs. Tit. 2, § 2293
1. New section filed 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).
2. Amendment of section heading and section filed 10-14-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 71201.7 and 71205.3, Public Resources Code. Reference: Sections 71201.7 and 71205.3, Public Resources Code.
1. New section filed 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).
2. Amendment of section heading and section filed 10-14-2021; operative 1/1/2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.