Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 3 - State Property OperationsChapter 1 - State Lands Commission
Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters
Section 2294 - Collection and Analysis of Ballast Water and Sediment Samples

Cal. Code Regs. tit. 2 § 2294

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Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 2294 - Collection and Analysis of Ballast Water and Sediment Samples

In accordance with the inspection mandate under Public Resources Code section 71206, subdivision (a), the Commission shall collect and analyze ballast water and sediment samples from vessels that discharge in California waters, in accordance with the following provisions:

(a) Collection and Analysis of Samples for Compliance Assessment
(1) The Commission shall collect ballast water samples to assess compliance of ballast water discharges with the performance standards set forth in Section 2293.
(2) To facilitate the Commission's collection of ballast water samples for compliance assessment, the Commission shall be provided access to all sampling ports unless access is restricted due to safety concerns.
(3) Compliance assessment shall be performed in two steps:
(A) An indicative analysis of a ballast water discharge sample shall be performed prior to detailed analysis to establish whether the ballast water discharge is potentially non-compliant with the applicable ballast water discharge performance standards.
(B) If non-compliance is suspected, a detailed analysis shall be performed to determine if the ballast water meets the applicable ballast water discharge performance standards.
(4) All methods used to analyze any ballast water discharge sample for compliance with the performance standards in Section 2293 shall follow scientifically reliable and verifiable quality assurance and quality control procedures.
(b) Collection and Analysis of Samples for Research Purposes
(1) The Commission shall collect and analyze ballast water and sediment samples for research purposes.
(2) The Commission shall be given access to ballast water tanks and sampling ports when feasible.

Cal. Code Regs. Tit. 2, § 2294

1. New section filed 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).
2. Change without regulatory effect amending subsection (a) filed 1-27-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).
3. Amendment of first paragraph and subsections (c) and (d) filed 10-1-2009; operative 10-31-2009 (Register 2009, No. 40).
4. Repealer of former section 2294 and renumbering of former section 2297 to section 2294, including amendment of heading, section and NOTE, 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 71204, 71205.3, 71206 and 71213, Public Resources Code.

1. New section filed 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).
2. Change without regulatory effect amending subsection (a) filed 1-27-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).
3. Amendment of first paragraph and subsections (c) and (d) filed 10-1-2009; operative 10-31-2009 (Register 2009, No. 40).
4. Repealer of former section 2294 and renumbering of former section 2297 to section 2294, including amendment of heading, section and Note, 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.