(a) Executive Order requirement. No person may operate an emissions control strategy, other than shore power, for compliance with this Control Measure unless that person receives approval by CARB through an Executive Order. The Executive Order shall provide compliance instructions for each emission control strategy and include requirements that each responsible party must follow in order to use that strategy.
(b) Requirement to reduce emissions. The emission control strategy must reduce emissions for vessel visits, unless:
(1) The visit is subject to an exception in sections 93130.4, 93130.8, or 93130.10 of this Control Measure;(2) The person uses a TIE or a VIE for the visit as provided in section 93130.11 of this Control Measure;(3) The person pays the remediation fund payments for the visit or portion of a visit as provided in section 93130.15 of this Control Measure; or(4) The person uses a CARB approved innovative concept to reduce emissions as provided in section 93130.17 of this Control Measure.(c) Shore power. Shore power is a CAECS. If distributed generation is used to supply shore power, the electricity generated must meet the following emissions standards:
(1) NOx emissions no greater than 0.03 g/kW-hr;(2) PM emissions equivalent to the combustion of natural gas with a fuel sulfur content of no more than 1 grain per 100 standard cubic foot;(3) Distributed generation GHG emissions must be grid-neutral; and(4) Ammonia emissions no greater than five ppmdv, if selective catalytic reduction (SCR) is used.(d) Requirements for CARB approval of an emission control strategy. (1) Emission reductions. To receive CARB approval, a person must demonstrate that the emission controls strategy achieves emission rates less than 2.8 g/kW-hr for NOx, 0.03 g/kW-hr for PM 2.5, and 0.1 g/kW-hr for ROG for auxiliary engines. Additionally, for strategies approved after 2020, GHG emissions from the strategy must be grid-neutral using the grid emission rate for the year that the technology is granted an Executive Order. Default emission rates of auxiliary engines on ocean-going vessels are 13.8 g/kW-hr for NOx, 0.17 g/kW-hr for PM 2.5, and 0.52 g/kW-hr for ROG.
(2) Tanker vessels. For tanker vessels with steam driven pumps, unless the tanker is using shore power to reduce emissions from auxiliary engines, a person must demonstrate that the CAECS achieves emission rates less than 0.4 g/kW-hr for NOx, 0.03 g/kW-hr for PM 2.5, and 0.02 g/kW-hr for ROG for tanker auxiliary boilers. Default emission rates of tanker auxiliary boilers on ocean-going vessels are 2.0 g/kW-hr for NOx, 0.17 g/kW-hr for PM 2.5, and 0.11 g/kW-hr for ROG.
(3) Already approved strategies. Where CARB has already issued an Executive Order for strategies under California Code of Regulations, title 17, section 93118(e)(4), these are approved as a CAECS. These strategies can operate under their Executive Order until 2025 before a person needs to apply for an extension in section 93130.5(i)(1) of this Control Measure and demonstrate the strategies ability to meet all the requirements of this section, including being grid-neutral.
(4) SCR strategy. Emission control strategy utilizing SCR shall have ammonia slip no greater than five ppmdv, and shall continuously test ammonia slip and NOx with a continuous emission monitor.
(5) Warranty. The applicant must provide a warranty that meets the following:
(A) The manufacturer of each emission control strategy shall warrant for 10 years when a unit is purchased that the strategy is:i. Designed, built, and equipped to conform, at the time of sale, with this Control Measure; andii. Free from defects in materials and workmanship which cause the failure of a warranted part to no longer be identical in all material respects to that part as described in the manufacturer's application for certification.(B) The applicant of the emission control strategy system shall provide the end user with maintenance practices set forth by the manufacturer.(6) When a person sells or leases a unit, the person must conduct in-use compliance testing of the strategy to demonstrate that the expected percentage of emissions reductions is being achieved. The person must report the results to the Executive Officer within 30 calendar days. If testing shows the unit does not meet the emission requirements set forth in section 93130.5(d)(1), the unit cannot be used to satisfy the emission requirements of this Control Measure.(e) Application process.(1) Before submitting an application requesting approval from CARB for an emission control strategy, an applicant shall submit a test plan to the Executive Officer for conducting the emissions reduction testing, durability testing, and a timeline for testing.(2) The applicant shall submit an application that includes all source test data only after the applicant receives CARB approval for the test plan.(3) If the Executive Officer approves the application, the applicant's strategy will be considered a CAECS and shall become a compliance option for the type(s) of vessel visits for which the emission control strategy is approved, when used in a manner that is consistent in accordance with all the conditions of the approval.(f) Test plan requirements.(1) A test plan shall include: (A) The contact person(s), phone numbers, names, and addresses of person(s) submitting the test plan.(B) Description of the emission control strategy's principles of operation. A schematic depiction of the components and operation must be included. It is the responsibility of the applicant to demonstrate that the qualifying strategy relies on sound principles of science and engineering to achieve emission reductions.(C) Description of testing to be conducted to demonstrate emission reductions and durability.(D) Timeline for all emissions reduction testing and durability testing, including an estimate for the testing's duration and the number of vessel visits needed to complete proposed testing.(2) Durability. The applicant of an emission control strategy shall demonstrate, to the satisfaction of the Executive Officer, the durability of the applicant's emission control strategy through a field demonstration. If the applicant has demonstrated the durability of the equipment (identical in design and components) in a prior verification or has demonstrated durability through field experience, the applicant may request that the Executive Officer accept the previous demonstration in fulfillment of this requirement. In evaluating such a request, the Executive Officer may consider all relevant information including, but not limited to, the similarity of baseline emissions and application duty cycles, the relationship between the emission control group used in previous testing and the current emission control group, the number of engines tested, evidence of successful operation and user acceptance, and published reports.
(3) Test plan disapproval. If, after reviewing the test plan, the Executive Officer determines that the applicant has not made a satisfactory demonstration that its strategy relies on sound principles of science and engineering to achieve emission reductions at the rates required for certification or if the test plan is incomplete, the Executive Officer shall notify the applicant of the disapproval in writing within 30 calendar days of receiving the test plan. The applicant may choose to withdraw from the application process or submit additional materials and clarifications.
(4) Test plan approval. Within 45 calendar days after determining the test plan is satisfactory, the Executive Officer shall issue a test plan approval letter to the applicant.
(g) Source testing. A person shall use source testing to demonstrate that a proposed emission control strategy achieves the performance standards in section 93130.5(d) of this Control Measure. Testing must be done by third party source testers specified in the test plan. Alternative test methods or emission verifications may be used when specified in the test plan upon written approval from the Executive Officer. The following requirements shall apply to source testing conducted under this Control Measure:
(1) NOx, N2O, CO2, CO, CH4, and Diesel PM or PM10, shall be measured using ISO 8178 Test Procedures: ISO 8178-1: August 15, 1996(E) ("ISO 8178 Part 1"); ISO 8178-2: August 15, 1996(E) ("ISO 8178 Part 2"); and ISO 8178-4: August 15, 1996(E) ("ISO 8178 Part 4" August 15, 1996), respectively, all of which are incorporated herein by reference;(2) PM 2.5 shall be calculated using the factor of weight fraction of PM 2.5/TPM based on CARBs speciation data for PM size fractions ("PMPROF REF (Excel) - Reference number for PM profiles," July 8, 2019, incorporated herein by reference). For MGO, the factor is 0.92;(3) ROG shall be calculated as a fraction of the TOG, set forth in CARB's Off-Road Diesel HC to Rog/Tog Ratio ("FRAC (Excel) - Fraction data for source categories," February 21, 2019, incorporated herein by reference). For MGO, the factor is 0.856 for internal combustion engines and 0.946 for boilers. TOG shall be measured using Method 25A (40 CFR Pt. 60, App. A-7, Method 25A, December 23, 1971), which is incorporated herein by reference;(4) CO2E for a control system shall be calculated as follows: lbs CO2E = (lbs CO2 + 25 * lbs CH4 + 298 * lbs N2O). CO2, CH4, and N2O shall be measured before and after the control strategy, and include any uncontrolled auxiliary sources for the control strategy using the test methods specified in sections 93130.5(g)(1) and 93130.5(g)(3) in this Control Measure. Strategies that use a fuel with a CARB Low Carbon Fuel Standard certified pathway may apply a reduction to CO2E by the factor of the carbon intensity of the fuel to the carbon intensity of the standard fuel;(5) Grid-neutral shall be determined by calculating the ratio of the CO2E to the measured MWh of the control system which value must be lower than the state output emission rate;(6) Ammonia slip shall be measured using the Bay Area Air Quality Management District Source Test Procedure ST-1B, Ammonia Integrated Sampling, dated January 20, 1982, which is incorporated herein by reference, or other equivalent CARB or district approved test method(s);(7) The sulfur content of fuels shall be determined pursuant to International Standard ISO 8754 (as adopted on July 15, 2003), which is incorporated herein by reference;(8) Exhaust Flow Rate shall be measured using CARB Method 100, Procedures for Continuous Gaseous Emission Stack Sampling (as amended July 28, 1997), which is incorporated herein by reference; and(9) Engine Work shall be determined by measuring the total power output in MWh of the control strategy's generators electrical output during the test periods.(h) Application submittals to CARB.(1) All applications, correspondence, and reports relating to source testing shall be submitted to CARB addressed to: CHIEF, TRANSPORTATION AND TOXICS DIVISION
CALIFORNIA AIR RESOURCES BOARD
1001 I STREET
SACRAMENTO, CA 95814
(2) Verbal submissions do not constitute acceptable application formats.(3) Supporting data in electronic format may be accepted as part of the application at the discretion of the Executive Officer.(4) Applications shall follow the format and include the contents described in CARB's Recommended Emissions Testing Guidelines for Ocean-Going Vessels (dated June 20, 2012), which is incorporated herein by reference.(5) CARB may also allow e mail submittal at shorepower@arb.ca.gov, or electronic submittal at the discretion of the Executive Officer.(6) The Executive Officer shall determine whether the application is complete. If incomplete, the Executive Officer will notify the applicant within 30 calendar days requesting additional information required to complete the application.(i) CARB approval of the control strategy. Within 90 calendar days after an application has been deemed complete, the Executive Officer shall act to approve or disapprove the application. The Executive Officer shall notify the applicant of the decision in writing and identify any terms and conditions that are necessary for any party to use the CAECS. The approval of an emission control strategy is valid for five years, unless it is revoked by CARB as set forth in section 93130.5 (l).
(1) Extensions of CAECS. If the applicant wishes to extend an approval of a CAECS, it must apply to do so at least six months prior to the end date of the approval to ensure the Executive Order does not lapse. The applicant may apply for an extension by submitting an extension application to the Executive Officer asserting that the strategy has not changed and is still effective, following to the requirements specified in subsection (d) above.
(2) Modifications to a CAECS. (A) Proposed modifications to the design or operation of a CAECS that have any potential to affect the emissions control effectiveness or operational performance must be reviewed and approved by the Executive Officer before they are implemented.(B) Failure to obtain Executive Officer approval before modifying the design or operation of a CAECS is a violation, and may also be grounds for revocation of CARB's approval, as set forth in subsection 93130.5 (l).(C) The applicant shall describe in detail the design modification along with an explanation of how the modification will change the operation and performance of the strategy. The applicant shall submit additional test data, durability data, engineering justification and analysis, or any other information deemed necessary by the Executive Officer to address the differences between the modified and original designs, and to ensure that the strategy's reductions are maintained.(D) A modification includes, but is not limited to:i. Any change of materials used in, or specifications of, the control strategy;ii. Any change to the components, component design, composition, materials, or reagent usage;iii. Any change to the sensors, part sizes, or sizing methodology;iv. Any change to the monitoring and notification system control; logic, algorithms, operating parameters; orv. Any proposed change to a portion of the approval.(E) The Executive Officer will reissue the approval with updates to reflect the modifications if he or she determines that the modifications have no material effect on the control strategy, or if the modifications are found to affect the control strategy but the strategy's emission reductions still meet the requirements in section 93130.5(d) of this Control Measure.(j) Review of CAECS. (1) At a minimum, emission control technologies shall be tested annually to demonstrate that the expected percentage of emissions reductions are being achieved.(2) The applicant shall provide the results of such testing to the Executive Officer by December 31, annually.(3) The Executive Officer may modify the testing frequency as he or she deems appropriate.(4) The Executive Officer may request that the owner or operator of a CAECS conduct periodic emission source testing or other types of monitoring to verify the proper operation of alternative control technologies or distributed generation equipment, or to verify the emission rate of an auxiliary engine.(k) Records retention. Records made pursuant to section 93130.5 shall be kept for a minimum of five years. This information shall be sent to the Executive Officer within 10 calendar days of a request from CARB staff.
(l) Revoking a CAECS. If a CAECS operator fails to meet any requirements of Section 93130.5 or 93130.12 of this Control Measure or any conditions of the CAECS approval, the Executive Officer may revoke its approval of the emission control strategy. To resume compliance using the strategy, the operator must re-submit an application and receive a new approval.
Cal. Code Regs. Tit. 17, § 93130.5
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.)