Cal. Code Regs. Tit. 13, § 2299.3 - Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean-Going Vessels at-Berth in a California Port

(a) Any person who owns, operates, charters, rents, or leases any U.S. or foreign-flagged container vessel, passenger vessel, or refrigerated cargo vessel that visits a California port, as defined in section 93118.3(c), title 17, California Code of Regulations (CCR), must comply with section 93118.3 (subject to the exemptions therein), relating to the operation of auxiliary diesel engines on ocean-going vessels at-berth in a California port. In addition, this section also applies to any person who owns or operates a port or terminal located at a California port, as defined in section 93118.3(c)(6), where container, passenger, or refrigerated cargo vessels visit.

(b) This section shall not be construed as expanding or limiting either the application or requirements of section 93118.3, title 17, CCR, but is intended to alert affected persons of the requirements regarding the operation of auxiliary diesel engines on ocean-going vessels at-berth in a California port and other provisions in that section.

(c) On January 1, 2023, section of title 1793118.3 of title 17 of the California Code of Regulations shall be superseded by sections of title 1793130 through 93130.22 of title 17 of the California Code of Regulations, as specified in section 93130. However, if sections 93130 through 93130.22 collectively are repealed or deemed invalid in their entirety by a final court decision, the requirements of section of title 1793118.3 of title 17 of the California Code of Regulations shall again become operative. This subsection shall not be construed as expanding or limiting either the application or requirements of sections 93130 through 93130.22, title 17, California Code of Regulations, but is intended to alert affected persons of the requirements regarding the operation of auxiliary diesel engines on ocean-going vessels at-berth in a California port and other provisions in that section.

Notes

Cal. Code Regs. Tit. 13, § 2299.3

1. New section filed 12--3--2008; operative 1--2--2009 (Register 2008, No. 49).
2. New subsection (c) and amendment of NOTE 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, 39650, 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 12-3-2008; operative 1-2-2009 (Register 2008, No. 49).
2. New subsection (c) and amendment of Note 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.)