Cal. Code Regs. tit. 17 § 93130.10

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

Section 93130.10 - Terminal Exceptions

The terminal-related requirements of this Control Measure in section 93130.9 are subject to certain exceptions, set forth in this section.

(a) Vessel visits to a low activity terminal.

(1) 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 visits a low activity terminal.

(2) For each vessel type listed in section 93130.7(b), a terminal that receives fewer than 20 visits in both 2021 and 2022 is initially considered a low activity terminal for that vessel type.

(3) A low activity terminal that receives 20 or more visits per year for two consecutive calendar years from a vessel type no longer qualifies for the low activity terminal exception for that vessel type and is required to reduce emissions starting January 1 of the following year.

(4) All terminal operators shall report vessel visit information under section 93130.9(d)(5) of this Control Measure starting January 1, 2023.

(b) Bulk and general cargo vessels.

Terminals that receive bulk and general cargo vessels are not required to arrange for CAECSs for their visits. Terminals are only required to report the vessel visit information for bulk and general cargo vessels under section 93130.9(d)(5) 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 shall 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) Terminal safety and emergency event.

The at berth 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 provided that the terminal operator:

(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 requirements of section 93130.9(d)(5) of this Control Measure all documentation necessary to establish the conditions necessitating the terminal safety exception and the date(s), local time, and location. All required documentation must be in English.

(e) Research.

Vessel visits that participate in research may be excluded from the at berth emission reduction requirements in section 93130.7 and section 93130.9 of this Control Measure. Research visits are subject to the reporting requirements in 93130.9(d)(5) of this Control Measure. To qualify for a research exception, the following conditions shall apply:

(1) A research visit to a terminal must have a CARB approved research exception prior to arrival;

(2) A terminal must confirm and record a visit's research exception status with CARB prior to arrival; and

(3) Any testing must be conducted in accordance with the approved test plan.

(f) Terminal incident event (TIE) and vessel incident event (VIE).

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. Terminal operators shall report vessel visit information under section 93130.9(d)(5) 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. Terminal operators shall report vessel visit information under section 93130.9(d)(5) 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(d)(5) of this Control Measure.

Cal. Code Regs. Tit. 17, § 93130.10

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.)