(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:
(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;
and
ii. 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; or
v. 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.