Cal. Code Regs. tit. 17 § 93130.8

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 93130.8 - Vessel Visit Exceptions

Vessel operators are exempt from the operational requirements in section 93130.7 of this Control Measure if any of the following occurs.

(a) Vessel safety and emergency event.

The emission reduction requirements of section 93130.7 and section 93130.9 of this Control Measure do not apply during a portion of the visit that is defined as a safety and emergency event. All safety and emergency events are subject to review and audit by the Executive Officer. This exception applies if approved and only as long as the event occurs and only to the extent necessary to secure the safety of the vessel, its crew, its cargo, or its passengers and provided that the master:

(1) Takes all reasonable precautions after the conditions necessitating the exception have ended to avoid or minimize repeated claims of exception under this subsection; and

(2) Includes with the reporting requirement of section 93130.7(e)(4) of this Control Measure all documentation necessary to establish the conditions necessitating the safety and emergency event exception and the date(s), local time, and location. All required documentation must be in the English language.

(b) Bulk and general cargo vessels.

Bulk and general cargo vessels are not subject to the vessel auxiliary engine requirements in sections 93130.7(b) of this Control Measure, and are only required to report their vessel visit activity under section 93130.7(e)(4) of this Control Measure starting January 1, 2023.

(c) Vessel commissioning.

The first vessel commissioning visit made by a vessel to a terminal may be an exception as long as the vessel was able to successfully connect to shore power during that visit. Documentation of a successful vessel commissioning must be submitted with the vessel visit reporting requirements of section 93130.7(e)(4) of this Control Measure. Vessel commissioning visits may qualify for exception if approved by CARB in writing where the vessel operator demonstrates:

(1) The commissioning process could not be accomplished in a single visit; or

(2) The terminal requires that the vessel be recommissioned.

(d) Research.

Vessel visits that participate in research may be an exception provided that the vessel operator:

(1) Receives a CARB approved test plan for the research prior to the vessel's arrival;

(2) Participates in testing in accordance with the approved test plan;

(3) Keeps a copy of the approved test plan on the vessel at all times;

(4) Provides a copy of the approved test plan to CARB staff upon request; and

(5) Reports all information including the use of the research exception pursuant to section 93130.7(e)(4) of this Control Measure.

(e) Vessels visiting a low activity terminal.

(1) The specific requirements for vessel categories in section 93130.7 and section 93130.9 of this Control Measure do not apply to vessel visits to low activity terminals as specified in section 93130.10(a) of this Control Measure.

(2) All vessel operators are required to report their vessel visit activity under section 93130.7(e)(4) of this Control Measure starting on January 1, 2023.

(f) Vessel incident event (VIE) and terminal incident event (TIE).

The at berth emission reduction requirements of section 93130.7 and section 93130.9 of this Control Measure do not apply during a visit if the vessel fleet uses a VIE or the terminal operator uses a TIE specified in section 93130.11 of this Control Measure. Vessel operators shall report vessel visit information under section 93130.7(e)(4) of this Control Measure.

(g) Remediation.

The at berth emission reduction requirements of section 93130.7 and section 93130.9 of this Control Measure do not apply during the portion of a visit that qualifies and uses the remediation fund option in section 93130.15 of this Control Measure. Vessel operators shall report vessel visit information under section 93130.7(e)(4) of this Control Measure.

(h) Innovative concept.

The at berth emission reduction requirements of section 93130.7 and section 93130.9 of this Control Measure do not apply during a visit where the vessel or terminal operator elects to comply using an approved innovative concept in section 93130.17 of this Control Measure. Terminal operators shall report vessel visit information under section 93130.9(e)(4) of this Control Measure.

Cal. Code Regs. Tit. 17, § 93130.8

1. New section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)

Note: Authority cited: Sections 38560, 38562, 39600, 39601, 39658, 39659, 39666, 43013 and 41511, Health and Safety Code. Reference: Sections 38510, 38530, 38562, 38566, 38580, 39600, 39650, 39658, 39659, 39666, 41510 and 41511, Health and Safety Code.

1. New section filed 12-30-2020; operative 1/1/2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)