Section 93130.2 - Definitions(a) The definitions in Health and Safety Code sections 39010 through 39060 shall apply to this Control Measure, except as otherwise specified in subsection (b) of this section.(b) Definitions. (1) "Assembly Bill (AB) 617 Community Emissions Reduction Program" means a program and/or plan to achieve emissions reductions in a location that has been selected by CARB's Governing Board to prepare a community emissions reduction program pursuant to Health and Safety Code section 44391.2(c).(2) "Alternative control technologies" means technologies, techniques, or measures that reduce the emissions of NOx, PM, ROG, or GHG from an auxiliary engine and/or tanker auxiliary boiler other than shutting it down and operating on shore power.(3) "Ammonia slip" means when ammonia passes unreacted through a SCR system.(4) "Anchorage" means a vessel's allotted place to moor in place or drop anchor in regulated California waters.(5) "Applicant" means any person who requests an approval from CARB for an emission control strategy, to administer a remediation fund, or of an innovative concept.(6) "Application" means a formal request from an applicant using the process outlined in section 93130.5 of this Control Measure for a CAECS, for the process outlined in section 93130.16 of this Control Measure for remediation fund administration, or for the process outlined in section 93130.17 of this Control Measure for an innovative concept.(7) "Articulated tug barge" means a tanker barge that is mechanically linked with a paired tug that functions as one vessel. For the purposes of this Control Measure, articulated tug barges are not considered ocean-going vessels.(8) "Auxiliary boiler" means a steam generator on an ocean-going vessel designed primarily to provide steam for uses other than propulsion or pumping cargo.(9) "Auxiliary engine" means an engine on an ocean-going vessel designed primarily to provide power for uses other than propulsion, except that all diesel-electric engines shall be considered "auxiliary engines."(10) "Berth" means a vessel's allotted place at a wharf, pier, or dock. This does not include anchorages, such as at the off-shore tanker terminal at El Segundo, or where passenger vessels tender at anchor, such as at Santa Barbara or Catalina.(11) "Bulk vessel" means a self-propelled ocean-going vessel constructed or adapted primarily to carry unpackaged dry bulk cargo. A bulk vessel may use vessel-based or shore-based equipment for loading and discharging of cargo.(12) "Calendar year" means the time period beginning on January 1 through December 31 of a single year.(13) "California ports (Ports)" means any port or independent marine terminal in California that receives an ocean-going vessel, including:(A) Landlord ports where the port owns the wharves which it rents or leases to a terminal operator;(B) Operational ports where the port functions as a terminal operator; and(C) Independent marine terminals.(14) "California time aggregate method" means the California State Implementation Plan method of calculating opacity emissions. The California time aggregate method is virtually identical to United States Environmental Protection Agency Method 9 in the procedures the observer follows, but most notably differs in that the data is analyzed by counting the readings that exceeded the limit, rather than averaging all readings in a set.(15) "CARB" means the California Air Resources Board.(16) "CARB approved emission control strategy (CAECS)" means a method of reducing emissions from an ocean-going vessel at berth to a satisfactory level for compliance with the Control Measure and is verified and approved by CARB.(17) "CAECS operator" means any party who operates a CAECS to reduce emissions for compliance with this Control Measure.(18) "Charter" or "charter agreement" means an agreement or contract where one person rents, leases, hires, or uses ocean-going vessels from another person to convey or transport goods or passengers to one or more designated locations.(19) "Charter company" means any person that is in the business of leasing, renting, or lending ocean-going vessel(s) to other companies or persons to convey or transport goods or passengers to one or more designated locations.(20) "Commissioned shore power vessel" means a shore power equipped vessel that visits a shore power berth at a terminal and has completed vessel commissioning at that terminal.(21) "Compliance period" means a period of time of up to five years during which an innovative concept may be used for compliance with this Control Measure, as set forth in section 93130.17 of this Control Measure.(22) "Container vessel" means a self-propelled ocean-going vessel constructed or adapted primarily to carry uniformly sized ocean freight containers.(23) "Diesel-electric engine" means a diesel engine connected to a generator that is used as a source of electricity for propulsion or other uses.(24) "Diesel engine" means an internal combustion, compression-ignition engine with operating characteristics substantially similar to the theoretical diesel combustion cycle. Regulating power by controlling fuel supply in lieu of a throttle indicates a compression ignition engine.(25) "Diesel particulate matter (DPM)" 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.(26) "Distributed generation" means electrical power generation technologies, sources, equipment, or methods that produce electricity at or near the place of use.(27) "Docked at berth (at berth)" means the state of being secured to a berth.(28) "Executive Officer" means the Executive Officer of CARB, or his or her designee.(29) "Excess emissions" means air pollution emitted by a vessel at berth during a time period when the vessel operator is required to reduce emissions, but does not achieve the full required reductions.(30) "Exception" means a situation that results in a compliant visit with or without emission reductions.(31) "First line" means the time when a vessel's line is first attached to a berth in the process berthing the vessel.(32) "Fleet" means a group of vessels of the same vessel type that have agreed to utilize their combined Vessel Incident Events (VIEs) at a port or marine terminal and are registered with CARB by a person who is designated as that fleet's representative. Vessel operators shall designate their fleet for each visit in the vessel visit reporting requirements of section 93130.7(e)(4) of this Control Measure. Only the fleet's representative may authorize the use of a VIE for a visit by a vessel in the fleet.(33) "Foreign-flag vessel" means any vessel of foreign registry including vessels owned by United States citizen(s) but registered in a nation other than the United States.(34) "g/kW-hr" means grams per kilowatt hour.(35) "General cargo vessel" means a self-propelled ocean-going vessel that may use vessel-based or shore-based equipment for loading and discharging of cargo and is constructed or adapted primarily to carry cargo that must be loaded individually, and that may or may not be in uniform-sized ocean freight containers.(36) "Government or military vessel" means vessels operated by any branch of local, state, federal government military service, or by a foreign government, when such vessels are operated on government or military non-commercial service. This definition includes Coast Guard vessels. A commercial vessel that also carries some military cargo is not a government or military vessel unless the military is the vessel operator.(37) "Greenhouse gas" (GHG) means carbon dioxide (CO2), methane (CH4), nitrogen trifluoride (NF3), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other fluorinated greenhouse gases.(38) "Grid-neutral" means emitting no more GHG emissions than if the strategy were powered by the California grid as represented in the most recent eGRID Summary Table for State Output Emission Rates as the California CO2e emissions rate.(39) "IMO number" means the vessel's International Maritime Organization (IMO) number which is a unique identifier for vessels.(40) "IMO NOx tier" means the NOx standards as set forth in the IMO MARPOL Annex VI and as certified by requirements set forth in IMO Regulation 13. Vessels without an IMO NOx tier are considered pre-tier I vessels.(41) "Independent marine terminal" means a terminal that operates independently from a port or port authority. An Independent Marine Terminal has all the responsibilities of a terminal and a port.(42) "Innovative concept" means a CARB approved strategy to reduce air pollution emissions from sources at or near a regulated port or marine terminal that can be used to achieve emission reductions for compliance with this Control Measure, as set forth in section 93130.17 of this Control Measure.(43) "Last line" means the time when the vessel is untied from the berth and the last line from the berth to the vessel is released.(44) "Lease" means a contract where one person conveys property or services to another person for a specific duration.(45) "Low activity terminal" means a terminal that has not previously exceeded the terminal thresholds in section 93130.10(a) of this Control Measure.(46) "Marine gas oil (MGO)" means any fuel that meets all the specifications for DMX or DMA grades as defined in Table I of International Standard ISO 8217, as revised on November 1, 2005, which is incorporated herein by reference, or DMX, DMA, or DMZ grades as defined in Table I of International Standard ISO 8217, as revised on June 15, 2010, which is incorporated herein by reference.(47) "Master" means the person who operates an ocean-going vessel or is otherwise in charge of the vessel's operations.(48) "Malfunction" means any sudden and unavoidable failure to operate in a normal manner by air pollution control equipment that is not caused in any way by poor maintenance, negligent operation, or any other reasonably preventable upset condition or equipment breakdown.(49) "Moor" means any permanent structure to which a vessel may be secured.(50) "Ocean-going vessel" means a commercial, government, or military vessel, excluding articulated tug barges, meeting any of these criteria:(A) A vessel greater than or equal to 400 feet in length overall as defined in 50 CFR § 679.2, as adopted June 19, 1996;(B) A vessel greater than or equal to 10,000 gross tons under the convention measurement (international system) as defined in 46 CFR § 69.51 -.61, as adopted September 12, 1989; or(C) A vessel propelled by a marine compression ignition engine with a per-cylinder displacement of greater than or equal to 30 liters.(51) "Own" means having the incidents of ownership, including the legal title whether or not that person lends or pledges an item; having or being entitled to the possession of the item as the purchaser under a conditional sale contract; or being the mortgagor of an item.(52) "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.(53) "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).(54) "Particulate matter 2.5 (PM 2.5)" means any particulate matter with a diameter of less than 2.5 micrometers.(55) "Passenger vessel" means a self-propelled vessel constructed or adapted primarily to carry people.(56) "Person" has the same meaning as set forth in California Code, Health and Safety Code section 39047.(57) "Physical constraint" at a terminal means an unavoidable barrier to provide a service due to the layout of a terminal or waterway where a state or federal public agency with jurisdiction over the resources effected by this Control Measure has made a safety determination that prevents the use of a CARB approved control strategy.(58) "Pilot on Board" means the vessel's pilot has boarded the vessel to assume navigational control to prepare for vessel departure.(59) "Port" see California Port.(60) "ppmdv" means parts per million on a dry volume basis.(61) "Privately owned United States Flag commercial vessel" means a vessel: (A) registered and operated under the laws of the United States,(B) used in commercial trade of the United States,(C) owned and operated by United States citizens, including a vessel under voyage or time charter to the Government, and(D) a Government-owned vessel under bareboat charter to, and operated by, United States citizens.(62) "Reactive organic gases (ROG)" has the same meaning as set forth in subsection (a)(23) of section 2752 of title 13 of the California Code of Regulations.(63) "Ready to Work" means that the vessel is tied to the berth, the gangway has been lowered with netting down, and all government authorities with jurisdiction over the vessel visit have cleared the vessel.(64) "Refrigerated cargo vessel" (commonly known as "reefer") means a self-propelled vessel constructed or adapted primarily to carry refrigerated cargo. Refrigerated cargo vessels include vessels where the cargo may be stored in large refrigerated rooms within the vessel or vessels that primarily carry refrigerated cargo containers.(65) "Regulated California Waters" means any and all of the following: (A) All California internal waters;(B) All California estuarine waters;(C) All California ports, roadsteads, and terminal facilities (collectively "ports");(D) All waters within three nautical miles of the California baseline, starting at the California-Oregon border and ending at the California-Mexico border at the Pacific Ocean, inclusive;(E) All waters within 12 nautical miles of the California baseline, starting at the California-Oregon border and ending at the California-Mexico border at the Pacific Ocean, inclusive;(F) All waters within 24 nautical miles of the California baseline, starting at the California-Oregon border to 34.43 degrees North, 121.12 degrees West; inclusive; and(G) All waters within the area, not including any islands, between the California baseline and a line starting at 34.43 degrees North, 121.12 degrees West; thence to 33.50 degrees North, 118.58 degrees West; thence to 32.65 degrees North, 117.81 degrees West; and ending at the California-Mexico border at the Pacific Ocean, inclusive.(66) "Remediation fund" means an account established by a CARB-approved fund administrator under the terms of a Memorandum of Understanding with CARB to provide incentive monies to activities that achieve emission reductions, not otherwise required by law or regulation, in communities impacted by excess emissions from vessels at berth.(67) "Responsible official" means any person(s) with the authority to determine the existence of emergency and safety events, and to substantiate that a vessel, terminal, port, or control equipment complies with requirements of this Control Measure.(68) "Responsible party" means any person with an obligation under this Control Measure.(69) "Roll-on/roll-off vessel" (commonly known as "ro-ro", "auto", or "vehicle carrier") means a self-propelled vessel constructed or adapted primarily to carry wheeled cargo that can be rolled on and off. Ro-ro vessels may carry exclusively automobiles (commonly known as a "pure car carrier") and/or a mixture of bulk equipment on wheels.(70) "Safety and emergency event" means an event where a responsible official reasonably determines that compliance with this Control Measure would endanger the safety of the vessel, crew, cargo, passengers, terminal, or terminal staff because of severe weather conditions, a utility event, or other extraordinary reasons beyond the control of the terminal operator or vessel operator.(71) "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 into the exhaust stream, such as ammonia or urea.(72) "Shore power" refers to electrical power being provided by either the local utility or by distributed generation to a vessel at berth.(73) "Tanker auxiliary boiler" means a steam generator on a tanker vessel used to offload liquid product.(74) "Tanker vessel" means a self-propelled vessel constructed or adapted primarily to carry liquid bulk cargo. Tanker vessels may carry petroleum crude, petroleum products, or non-petroleum based products, and are classified as either non-edible and dangerous or edible and non-dangerous.(75) "Terminal" means a terminal operator's facility consisting of adjacent wharves, piers, docks, other berthing locations and storage, which are used primarily for loading and unloading of passengers, cargo or material from vessels or for the temporary storage of this cargo or material on-site. Operational ports that rent a berth to vessel operators rather than lease to terminal operators shall treat that berth as a terminal.(76) "Terminal Incident Event (TIE)" is an exception provided to terminal operators to allow for a limited number of incidents where a vessel does not reduce emissions as required during a visit.(77) "Terminal operator" means a person who leases terminal property from a port to load and unload passengers, cargo or material from vessels or for the temporary storage of this cargo or material on-site. Operational ports that use a single berth to service an individual customer are the terminal operator and the customer's berth is a terminal.(78) "This Control Measure" means the Control Measure for Ocean-Going Vessels At Berth, California Code of Regulations, title 17, sections 93130-93130.22.(79) "Utility" shall have the same meaning and be used interchangeably with the term "Electric Utility" and means any person engaged in, or authorized to engage in, generating, transmitting, or distributing electric power by any facilities, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission. Pub. Resource Code, section 25108 as it read on January 7, 1975.(80) "Utility event" means the period of time during which any of the following events occurs; the utility event begins when such an event begins and ends when the event is over: (A) The utility serving the port or terminal cannot provide electrical power to the port because of a failure of equipment owned and maintained by the utility, a transmission emergency, distribution emergency, a California Independent System Operator (CAISO) or Los Angeles Department of Water and Power (LADWP) Stage 3 emergency, or the utility needs to reduce power to the port and/or terminal because of a sudden and reasonably unforeseeable natural disaster, such as, but not limited to, an earthquake, flood, fire, or fire prevention (including electric utility shutdowns to mitigate fire risk during high winds); or(B) When the utility providing electrical power notifies the terminal operator(s) to reduce the use of grid-based electrical power in response to a transmission or distribution emergency, a CAISO or LADWP Stage 3 emergency, or to avoid a Stage 3 emergency if one is anticipated. The emergency event ends when CAISO or LADWP cancels the Stage 3 emergency or the utility notifies the terminal operator(s) that reduction in the use of grid-based electrical power is no longer necessary. The port may contact the terminal operator(s) on behalf of the utility if such an agreement exists between the utility and the port.(81) "United States Flag vessel" when used independently means either a United States government vessel or a privately owned United States Flag commercial vessel.(82) "Vessel" means watercraft used, or capable of being used, as a means of transportation. For the purposes of this Control Measure, "vessel" is used interchangeably with the term "ocean-going vessel."(83) "Vessel arrival" means the date and time that a vessel is initially tied to a berth with first line.(84) "Vessel commissioning" means the process undertaken by the vessel operator and terminal operator to ensure that the shore power equipment on the vessel is compatible with the shore power equipment on the terminal and that there are no safety issues for both the equipment and the personnel handling the connection.(85) "Vessel departure" means the date and time that a vessel casts off the last line.(86) "Vessel Incident Event (VIE)" is an exception provided to vessel fleets to allow for a limited number of incidents where a vessel operator does not reduce emissions as required during a vessel visit.(87) "Vessel operator" means any person who is in direct control of the vessel. For the purpose of this definition, the person in "direct control" is the person who decides where a vessel is to call and is considered a responsible party. The party in direct control of the vessel may be a third-party hired to carry cargo or passengers for the person under a charter agreement to operate the vessel. Direct control does not include the vessel master or any other member of the vessel crew, unless the vessel master or crew member is also a responsible party.(88) "Vessel owner" means any party with an ownership interest in the vessel. The owner may be an individual or multiple parties.(89) "Vessel type" means a categorization of ocean-going vessels distinguished by the main cargo the vessel carries into the following types: bulk/general cargo, container, passenger, refrigerated cargo, ro-ro, and tanker vessels.(90) "Visible emissions" means any particulate or gaseous matter which can be detected by the human eye.(91) "Visit" means the time period from when the vessel is "Ready to Work" to "Pilot on Board." A vessel move from one berth to another berth is considered a new visit at each subsequent berth.Cal. Code Regs. Tit. 17, § 93130.2
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.)