This section sets forth an additional compliance option
that may be used under limited circumstances where vessel operators, terminal
operators, CAECS operators, and/or ports have made certain enforceable
commitments to controlling emissions at berth. Even if the emissions are not
controlled for all or part of a vessel visit, under certain circumstances, a
vessel operator, terminal operator, CAECS operator, or port may qualify to
remediate emissions, as set forth in this section.
(a) For a vessel operator, terminal operator,
CAECS operator, or port to utilize the remediation fund, a remediation fund
administrator must be established with a Memorandum of Understanding executed
with CARB under section
93130.16 of this Control Measure
to manage the funds generated at that port or independent marine
terminal.
(b) Vessel operators,
terminal operators, CAECS operators, and ports may request to use the
remediation fund option in the following circumstances, if the request is
supported by compelling documentation that demonstrates the eligibility of the
request, consistent with the criteria in this section, as determined by CARB.
(1) Terminal or port equipment repairs - a
terminal or port has invested in shoreside control equipment, and maintains
that equipment according to manufacturer recommendations, but that equipment
needs maintenance, needs commissioning, has failed and is being repaired, or
new or replacement equipment has been ordered in a timely manner, but has not
been received.
(2) Vessel equipment
repairs -- a vessel operator has invested in shore power or other on-board
control equipment, and maintains that equipment according to manufacturer
recommendations, but that equipment needs maintenance, needs commissioning, has
failed and is being repaired, or new or replacement equipment has been ordered
in a timely manner, but has not been received.
(3) Delays with operation of existing control
strategy - a vessel visits a berth and all parties have taken the required
actions to use a CARB approved control strategy, but the visit fails to achieve
the full emission reductions required under section
93130.5 of this Control Measure
due to a delay or interruption in controlling emissions or a failure of the
CAECS operator under contract to perform. If a CAECS operator has a malfunction
that causes or contributes to a delay or interruption in emissions control,
that operator must notify CARB of the malfunction according to the provisions
of section
93130.12(c) of
this Control Measure for that visit to be eligible to use the remediation fund
for the uncontrolled hours of the visit.
(4) Terminal or port construction project - a
terminal or port has invested in shoreside control equipment, and maintains
that equipment according to the manufacturer recommendations, but takes that
equipment out of service to allow a planned terminal upgrade or construction
project that cannot safely be performed with the terminal side control
equipment operating.
(5) A terminal
plan deemed acceptable under section
93130.14(c) of
this Control Measure identifies a physical and/or operational constraint that
is delaying the implementation of a CARB approved emission control strategy at
the terminal.
(c) For
excess vessel emissions that are otherwise required to be reduced under section
93130.5 of this Control Measure,
the vessel operator, terminal operator, or port may elect to request use of the
remediation fund option for each hour of uncontrolled emissions during a vessel
visit if all of the criteria in this section
93130.15 of this Control Measure
are met. Such request shall be submitted to CARB electronically within 30
calendar days of the vessel's departure, according to the requirements of
section
93130.7(e) for
vessel operators, section
93130.9(d) for
terminal operators, and section
93130.13 for ports.
(d) For each request to use the remediation
fund option, CARB shall evaluate the request to determine if the requirements
of this section have been met and the request is eligible. If the party
requesting use of the remediation fund option fails to adequately support its
eligibility for that option based on the criteria in subsection (c), above, to
CARB's satisfaction, then CARB may deny that request. Within 30 calendar days
of receipt of each request, CARB shall notify the requestor whether the visit
or visits are eligible to use the remediation fund option. Ineligible requests
to use the remediation fund for a vessel visit shall result in that visit being
considered non-compliant with this regulation.
(e) Within 30 calendar days of CARB's
determination of eligibility, the requestor shall transfer a sum equal to the
number of hours of excess emissions times the applicable hourly payment to the
CARB approved fund administrator, according to the specific payment provisions
established by that administrator in its Memorandum of Understanding with CARB.
Each partial hour of excess emissions shall be counted as a full hour for the
purpose of calculating the payment. These payments are intended to cover the
administrators cost to achieve emission reductions through incentive activities
in the communities exposed to the excess emissions, including 10 percent for
administration expenses.
(f)
Remediation fund hourly amount.
Table 4: Remediation Fund Hourly
Amount
Vessel Type
|
Hourly Remediation Payment
Beginning in 2023*
|
|
Normal Rate
|
Tier III Rate
|
Container, Reefer, Ro-ro |
$1,900 |
$1,100 |
Tanker with electric pumps |
$1,600 |
$1,000 |
Tanker with steam driven pumps |
$3,400 |
$2,700 |
Passenger vessels with capacity under 1,500 combined
passengers and crew |
$5,300 |
$3,200 |
Passenger vessels with capacity of 1,500 or more
combined passengers and crew |
$12,000 |
$7,100 |
* Remediation payments used by
vessel operators shall be reduced by 20 percent for IMO Tier III tanker vessels
with steam driven pumps, and 40 percent for all other IMO Tier III
vessels.
(g) Prior to the beginning of
each odd numbered calendar year, the hourly remediation payment amounts set
forth in this section and listed in Table 4 shall be adjusted by considering
the current Consumer Price Index values published by the Bureau of Labor
Statistics relative to 2019, to determine the hourly remediation payment
amounts for that calendar year and the subsequent year. CARB shall post any
updates to the hourly remediation payment on its website.
(h) For requests to use the remediation fund
option for multiple vessel visits over an extended time period, the requestor
may seek a prospective eligibility determination from CARB before the relevant
visit occurs. Upon CARB's determination of eligibility, the requestor shall
report data on each vessel visit within the required 30 calendar days, and
shall make payments at least monthly to the remediation fund administrator
until the equipment is operational again and payments have been made for all
uncontrolled vessel visits.