CAECS operators shall fulfill the following
responsibilities:
(a) Subcontractor
services and agreements.
(1) Maintain a list
of all subcontracted service providers and the services performed by each,
maintaining copies of all agreements with service providers.
(2) Provide copies to CARB upon request of
any agreement with service providers.
(b) CAECS checklist.
CAECS operators shall complete all of the following items
in this checklist for each vessel visit to ensure compliance under the Control
Measure. Any failure to perform any specific items in this section shall
constitute a separate violation for each calendar day that the failure
occurs.
(1) Notification. At least
seven calendar days before a vessel's arrival, the operator of the CAECS must
coordinate in writing with the vessel operator and terminal operator for the
use of the strategy and supply the vessel operator with information about the
compatibility with the vessel and terminal of the CAECS.
(2) Operational. During each visit, the
operator of the CAECS shall:
(A) Begin
controlling emissions within two hours of vessel "Ready to Work";
(B) Record inlet and outlet levels of
emissions during the visit;
(C)
Continue controlling emissions until at least one hour before "Pilot on Board";
and
(D) Ensure vessels are
operating on CARB compliant distillate marine fuel.
(3) Reporting. Beginning on January 1, 2023,
and thereafter, the operator of the CAECS shall report the following
information regarding each vessel visit within 30 calendar days of vessel
departure, using local time for all dates and times:
(A) Vessel name;
(B) Vessel IMO number;
(C) Vessel type;
(D) IMO NOx tier;
(E) Port, terminal, and berth
visited;
(F) Vessel operator
contact information, including name, address, email address, and telephone
number;
(G) Terminal operator
contact information, including name, address, email address, and telephone
number;
(H) Emission control
strategy operator contact information, including name, address, email address,
and telephone number;
(I) Arrival
date and time of the CAECS, if applicable;
(J) Departure date and time of the CAECS, if
applicable;
(K) Dates and times
when a CAECS starts controlling emissions and finishes controlling emissions;
and
(L) Vessel emissions while
control strategy operated for the following categories:
i. NOx emissions in g/kW hr;
ii. PM 2.5 emissions in g/kW hr;
and
iii. ROG emissions in g/kW
hr.
(c) Malfunction reporting and recordkeeping.
The operator of the CAECS shall report within 24 hours to
CARB by electronic means, the following information regarding any malfunction
that is expected to create emissions in excess of any applicable emissions
limitation for a period greater than one hour. If electronic notification is
not immediately possible, notification at the beginning of the next working day
is acceptable.
(1) The notification
must include the following information:
(A)
Identification of the equipment causing the emissions in excess of any
applicable emissions limitation;
(B) Date and time excess emissions began;
and
(C) Description of the
corrective actions taken or expected to be taken to remedy the malfunction and
to limit the excess emissions.
(2) The operator of the CAECS shall retain
for five years all records pertaining to the malfunction, including the
following information:
(A) Magnitude, source,
and cause of the excess emissions;
(B) Information sufficient to demonstrate to
CARB's Executive Officer's reasonable satisfaction, that the malfunction was
not caused in any way by poor maintenance, negligent operation, or any other
reasonably preventable upset condition or equipment breakdown;
(C) Readings from any continuous emission
monitor used in the emission control strategy; and
(D) If excess emissions exceed three working
days, then the operator shall remediate all excess emissions according to
section
93130.15 or cease operation of the
system until repairs can be made.
(d) Corrective action report.
Within seven calendar days after a malfunction has been
corrected, the operator of the CAECS shall submit a written report to CARB that
includes:
(1) A statement that the
malfunction has been corrected, the date of correction, and proof of compliance
with all applicable CARB approval requirements;
(2) The specific cause of the
malfunction;
(3) A description of
any preventive measures taken and/or to be taken; and
(4) A statement affirming under penalty of
perjury that the malfunction was not caused entirely or in part by poor
maintenance, careless operation, poor design, or any other preventable
condition or preventable equipment breakdown.
(e) Records retention.
Records made pursuant to section
93130.12 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.
(f) Submissions.
The CAECS operator shall submit information to CARB
according to section
93130.19.
Notes
Cal. Code Regs. Tit. 17, §
93130.12
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,
396.58,
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.)