Cal. Code Regs. Tit. 17, § 93118.3 - Airborne Toxic Control Measure for Auxiliary Diesel Engines Operated on Ocean-Going Vessels At-Berth in a California Port
The purpose of this section is to reduce oxides of nitrogen (NOx) and diesel particulate matter (PM) emissions from the operation of auxiliary engines on container vessels, passenger vessels, and refrigerated cargo vessels while these vessels are docked at berth at a California port. This section reduces emissions by limiting the time during which auxiliary diesel engines are operated on the regulated vessels while such vessels are docked at-berth in a California port, as well as by applying other requirements. This section implements provisions of the Goods Movement Emission Reduction Plan, adopted by the Air Resources Board (ARB) in April 2006, to reduce emissions and health risk from ports and the movement of goods in California. This section also helps achieve the goals specified in the California Global Warming Solutions Act of 2006, established under California law by Assembly Bill 32 (Stats. 2006, ch. 488) and set forth in Health and Safety Code § 38500 et seq.
This exemption does not apply to the passage of an ocean-going vessel that engages in any of the prejudicial activities specified in United Nations Convention on the Law of the Seas (UNCLOS) 1982, Article 19, subpart 2. Further, notwithstanding any Coast Guard mandated stops or stops due to force majeure or the rendering of assistance, this exemption does not apply to a vessel that was otherwise scheduled or intended to enter California internal or estuarine waters or call at a port, roadstead or terminal facility.
For purposes of this section, the definitions in Health and Safety Code sections 39010 through 39060 shall apply, except as otherwise specified in this section:
For the purposes of this section, "ocean-going vessel" will be used interchangeably with the term "vessel."
Except as provided in subsection (d)(2), beginning January 1, 2017, the following shall apply to a fleet visiting a California port:
Except as provided in subsection (d)(2), beginning January 1, 2020, the following shall apply to a fleet visiting a California port:
For example, if a fleet is subject to subsection (d)(1)(A) and makes 10 visits to a California port in a calendar quarter, in at least 5 of those visits, the auxiliary diesel engines on the vessels shall be operated no more than a combined 3 or 5 hours total, depending on whether a synchronous power transfer is used. The 3- and 5-hour limit applies to the combined operating time for all auxiliary diesel engines used in a vessel visit, rather than on a per-engine basis.
All of the following requirements apply to claimed exemptions to limits on hours of operation based on emergency events:
The Executive Officer may extend the three-hour/five-hour operational requirement in subsection (d)(1)(D) if the following criteria are met:
The following adjustments can be made to visits meeting the exemption criteria where the vessel is capable of using shore power:
Compliance with the requirements in subsection (d)(1)(A), (d)(1)(B), and (d)(1)(C), shall be determined quarterly for the periods specified as follows:
The purpose of this provision is to allow any person the option of complying with the requirements of this subsection (d)(2) in lieu of meeting the requirements of subsection (d)(1).
For fleets using one or more control techniques including electric power from the utility grid, electrical power from sources that are not part of an utility's electrical grid (distributed generation), or alternative control technologies to reduce the emissions of the fleet, the owner or operator of the fleet shall comply with the following schedule and compliance period:
If a vessel is equipped to receive shore power provided by the utility grid but is unable to do so while at berth due to an emergency event, the onboard diesel auxiliary engine emissions from such visits shall be excluded from the fleet's emissions reduction calculations pursuant to (e)(2)(C).
Early or excess emissions reduction that are approved by the Executive Officer pursuant to section (e)(2)(D) can be used towards compliance with requirements in (d)(2)(A)1, (d)(2)(A)2, or (d)(2)(A)4 as follows:
Prior to January 1, 2014, fleets cannot change compliance options from (d)(1), the reduced onboard power generation option, to (d)(2), the equivalent emission reduction option, unless all of the following have been satisfied:
For the purposes of subsection (d)(1), the percent reduction of onboard electrical generation from auxiliary diesel engines while vessels are docked at berth shall be calculated as follows:
Percent Reduction = | [Baseline fleet power generation (BFPG)-Power provided by fleet's auxiliary engines] / (BFPG) |
Where the baseline fleet power generation and the power provided by the fleet's auxiliary engines are calculated as follows:
The baseline power generation for the fleet shall be calculated using the following formula:
Baseline Fleet Power Generation = | [SIGMA] (berthing time x power requirement) |
Where:
"Berthing time" is the actual berthing time for each visit falling within the applicable period specified in subsection (d)(1)(G);
"Power requirements" means the electrical power requirement for the vessel making each visit as determined pursuant to subsection (e)(1)(C); and
"[SIGMA]" means the summation of all visits made by the fleet in the applicable period specified in subsection (d)(1)(G).
The power provided by the fleet's auxiliary engines is calculated as follows:
Power provided by the auxiliary engines = | [SIGMA] (Auxiliary engine operating time x fleet's power requirement) |
Where:
"Auxiliary engine operating time" is the actual time period these engines operated for each visit falling within the applicable period specified in subsection (d)(1)(G). Three hours for vessels using synchronous power transfer to grid-based shore power or five hours for vessels not using synchronous power transfer to grid-based shore power can be substituted for the actual operating times of the engines;
"Power requirements" means the electrical power requirement for the vessel making each visit as determined pursuant to subsection (e)(1)(C); and
"[SIGMA]" means the summation of all visits made by the fleet in the applicable period specified in subsection (d)(1)(G).
Table 1.
Vessel Category |
Size/Type |
Default Power Requirement (kW) |
Container Vessel | <1000 TEU | 1,000 |
1,000-1,999 TEU | 1,300 | |
2,000-2,999 TEU | 1,600 | |
3,000-3,999 TEU | 1,900 | |
4,000-4,999 TEU | 2,200 | |
5,000-5,999 TEU | 2,300 | |
6,000-6,999 TEU | 2,500 | |
7,000-7,999 TEU | 2,900 | |
8,000-9,999 TEU | 3,300 | |
10,000-12,000 TEU | 3,700 | |
Passenger Vessel | No Default Value Use Actual Load | |
Refrigerated Cargo Vessel | Break Bulk | 1,300 |
Fully Containerized | 3,300 | |
TEU = twenty-foot equivalent unit. | ||
kW = kilowatt |
For the purposes of subsection (d)(2)(A) the percent emission reduction shall be calculated as follows:
Percent Reduction = (BFE - PBFE - FEC) / BFE
Where, the baseline fleet emissions, post-baseline fleet emissions, and fleet emission credits are calculated as follows:
The baseline fleet emissions of NOx and PM shall be calculated using the following formula:
Baseline Fleet Emissions = | [SIGMA] (emission rate x average berthing time x power requirement x visits) |
Where:
"Emission rate" for each auxiliary engine is determined pursuant to subsection (e)(3);
"Average berthing time" for each vessel is determined for the applicable period specified in (d)(2)(D);
"Power requirements" means the electrical power requirement for each vessel as determined pursuant to subsection (e)(1)(C);
"Visits" means the total number of visits by the vessel during the applicable period specified in the appropriate subsection in (d)(2)(A) or subsection (d)(2)(D); and
"[SIGMA]" means the summation over the entire fleet subject to the emission reduction option.
The post-baseline fleet emissions of NOx and PM shall be calculated using the following formula:
Post-Baseline Fleet Emissions = | [SIGMA] (emission rate x average berthing time x power requirement x visits x control factor) |
Where:
"Emission rate" for each auxiliary engine is determined pursuant to subsection (e)(3);
"Average berthing time" for each vessel is determined for the applicable period specified in the appropriate subsection in (d)(2)(A) or subsection (d)(2)(D);
"Power requirements" means the electrical power requirement for each vessel as determined pursuant to subsection (e)(1)(C);
"Visits" means the total number of visits by the vessel during the applicable period specified in the appropriate subsection in (d)(2)(A) or subsection (d)(2)(D);
"Control factor" means the applicable control factor specified in subsection (e)(4); and
"[SIGMA]" means the summation over the entire fleet subject to the emission reduction option.
Emissions from a vessel capable of using shore power during a visit that can be classified as an emergency event shall be excluded from paragraphs (A) and (B) above.
Fleets that achieve reductions of NOx and PM emissions earlier than January 1, 2010, or in excess of the requirements of (d)(2)(A)1 or (d)(2)(A)2 may apply for fleet emission credits (FEC) that can be used toward compliance with the requirements in (d)(2)(A)1, (d)(2)(A)2, or (d)(2)(A)4. FECs can only be used by a fleet achieving the early or excess emission reductions, can be used only at the port where the early or excess emission reductions occurred, cannot be used in any other program administered by the Air Resources Board or local air district, and expire on March 1, 2018.
Emission reductions which are a result of a project that has received incentive funds through a contract or other binding agreement from the Air Resources Board or a local air district are not eligible emission reductions.
Applications for fleet emission credits must demonstrate that the emission reductions are quantifiable and occurred earlier than January 1, 2010, or were in excess of the requirements of (d)(2)(A)1 or (d)(2)(A)2. The information shall be submitted on forms specified by the Executive Officer according to the following schedule:
The terminal operator shall submit the initial plan and subsequent updates to the plan according to the schedule below (Table 2).
Table 2.
Vessel Compliance Option |
Initial Terminal Plan Due Date |
Subsequent Terminal Plan Updates |
Reduced Onboard Power | July 1, 2009 | July 1, 2013 |
Generation Option: (d)(1) | July 1, 2016 | |
July 1, 2019 | ||
Equivalent Emissions | July 1, 2009 | July 1, 2011 |
Reduction Option: (d)(2) | July 1, 2013 | |
July 1, 2016 | ||
July 1, 2019 |
The plan shall include discussion of necessary infrastructure modifications needed for affected fleets to satisfy the requirements of subsection (d)(1) by the 2014, 2017, and 2020 compliance dates. The plan shall also include the schedule for implementing the modifications. The discussion shall include the following:
Name and Lloyd's number of each vessel capable of using shore power by January 1, 2020, maximum power requirement of the vessel while at berth, and total number of annual visits to the port.
Name and Lloyd's number of each vessel that will have its emissions reduced to satisfy the requirements of (d)(2) by January 1, 2020, type of control technique used, maximum power requirement of the vessel while at berth (if using power from the grid or distributed generation), and total number of annual visits to the port.
The following records shall be kept at a central location by the fleet vessel operator.
If the vessel could not use shore power as a result of an emergency event, a description and duration of that emergency event.
"Visits" refers to the shortfall in the number of visits in the applicable quarter that should have satisfied the requirements of (d)(1)(A), (d)(1)(B), or (d)(1)(C).
"MW-Hr per visit" shall be based on the average MW-Hr for a visit for the applicable quarter ([SIGMA]total MW-Hr in quarter / total visits in quarter).
If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this regulation is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulation.
Notes
2. New subsection (b)(4) 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.
2. New subsection (b)(4) and amendment of Note filed 12-30-2020; operative
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