(a)
Purpose.
The purpose of this control measure is to reduce
emissions of toxic air contaminants from the use of incinerators aboard cruise
ships and oceangoing ships. Specifically, this regulation prohibits cruise
ships and oceangoing ships from conducting onboard incineration while operating
within three miles of the California coast. This control measure is expected to
reduce exposure to toxic air contaminants for residents living near ports and
along the California coast.
(b)
Applicability.
This section applies to any person who owns or operates a
cruise ship, as defined in subsection (c)(2), including foreign flagged cruise
ships. This section also applies to any person who owns or operates an
oceangoing ship as defined in subsection (c)(5), including foreign flagged
oceangoing ships.
(c)
Definitions. For the purposes of this section, the following
definitions apply:
(1) "Calling on California
ports or places" means bound for or leaving a port or terminal located in
California.
(2) "Cruise ship" means
a commercial vessel which has berths or overnight accommodations for passengers
and which has the capacity to carry 250 or more passengers for hire, calling on
California ports or places. Cruise ship does not include an oceangoing ship,
noncommercial vessels, warships, vessels operated by nonprofit entities as
determined by the Internal Revenue Service, and vessels operated by the State
of California, the United States, or a foreign government.
(3) "Executive Officer of the Air Resources
Board" means the executive officer of the California Air Resources Board or his
or her delegate.
(4) "Incinerator"
means any device used to conduct onboard incineration.
(5) "Oceangoing Ship" means a private,
commercial, government, or military vessel of 300 gross registered tons or more
calling on California ports or places. An oceangoing ship does not include a
cruise ship.
(6) "Onboard
incineration" means the combustion or burning of any materials or wastes for
the purpose of volume reduction, destruction, sanitation, or sterilization,
aboard a cruise ship or oceangoing ship. Onboard incineration does not include
incinerators which are only burning fuels including, but not limited to,
natural gas, gas oil, marine gas oil, marine diesel fuel, fuel oil, or residual
fuel oil for the specific purpose of maintaining a minimum temperature in the
incinerator to minimize thermal cycling.
(7) "Owner or Operator" means a person who
owns or operates a cruise ship or oceangoing ship.
(8) "Person" shall have the same meaning as
defined in Health and Safety Code section
39047.
(9) "Within three miles of the California
coast" means between the California coast and the Three Nautical Mile Line as
shown on the following National Oceanic and Atmospheric Administration (NOAA)
Nautical Charts as authored by the NOAA Office of Coast Survey, which are
incorporated herein by reference:
(A) Chart
18600, Trinidad Head to Cape Blanco (January 2002);
(B) Chart 18620, Point Arena to Trinidad Head
(June 2002);
(C) Chart 18640, San
Francisco to Point Arena (August 2005);
(D) Chart 18680, Point Sur to San Francisco
(June 2005);
(E) Chart 18700, Point
Conception to Point Sur (July 2003);
(F) Chart 18720, Point Dume to Purisima Point
(August 2008); and
(G) Chart 18740,
San Diego to Santa Rosa Island (March 2007).
(d)
Requirements.
(1) Notwithstanding sections
93104 and
93113 of title 17, California Code
of Regulations, no cruise ship or oceangoing ship owner or operator, agent,
representative, or employee shall conduct onboard incineration within three
miles of the California coast, except when required to be operated under the
direction or supervision of the United States Coast Guard.
(2)
Recordkeeping and Reporting
Requirements.
(A)
Recordkeeping Requirements.
1. Owners or operators of cruise ships or
oceangoing ships subject to the requirements of this section shall record the
following information while the incinerator is operating within three miles of
the California coast:
a. The date and time of
start and stop of incineration (in local time);
b. The position of the ship in latitude and
longitude for each start and stop time of incineration;
c. The estimated amount incinerated in cubic
meters (m3);
d. The name or signature of officer in charge
of the operation; and
e. When
operation of the incinerator is required by the United States Coast Guard, the
name, unit, and phone number of United States Coast Guard personnel who
directed that the incinerator be operated.
2. Records shall be maintained in English and
shall be kept and maintained onboard the respective cruise ship or oceangoing
ship for two years.
3. During an
onboard inspection, records shall be made available to Air Resources Board
personnel, or their delegates.
(B)
Reporting Requirements
1. Owners or operators of cruise ships and
oceangoing ships that are subject to this section, shall, upon written request
by the Executive Officer of the Air Resources Board, provide copies of the
records as specified in subsection (d)(2)(A) within 30 calendar days of the
request.
2. During an onboard
inspection, owners or operators of cruise ships and oceangoing ships, that are
subject to this section, except those owned or operated by a military agency,
shall provide ARB personnel or their delegates the following written
incineration records as required by the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978,
and as implemented by the United States Coast Guard regulations title 33, Code
of Federal Regulations, section 151.55, for all incineration occurring within
24 nautical miles of the California coast.
a.
The date and time of incineration (start and stop) (in local time);
b. The position of the ship in latitude and
longitude for each start and stop time of incineration;
c. The estimated amount incinerated in cubic
meters (m3); and
d. The signature of officer in charge of the
operation.
3. Owners or
operators of cruise ships and oceangoing ships, that are subject to this
section, except those owned or operated by a military agency shall, upon
written request by the Executive Officer of the Air Resources Board provide
copies of the records as specified in subsection (d)(2)(B)2a-d within 30
calendar days of the request.
(e)
Updates to NOAA Charts.
The Executive Officer shall publish in the California
Regulatory Notice Register, send an electronic notice out to all subscribers of
the oceangoing ship incineration list serve, post to the oceangoing ship
incineration website located at
http://www.arb.ca.gov/ports/shipincin/shipincin.htm,
and notify potentially affected cruise ship owners or operators, regarding
revisions to subsection (c)(9) with regard to Nautical Charts updated by NOAA,
at least 30 days before the updates take effect in the following
situations:
(1) The Executive Officer
may revise subsection (c)(9) when there is a change in the chart number or
name; or
(2) The Executive Officer
may revise subsection (c)(9) when NOAA revises the Three Nautical Mile Line, as
shown on the respective charts.
(f)
Severability.
Each part of this section shall be deemed severable, and
in the event that any part of this section is held to be invalid, the remainder
of this section shall continue in full force and
effect.
Notes
Cal. Code
Regs. Tit. 17, §
93119
1. New
section filed 4-20-2006; operative 5-20-2006 (Register 2006, No.
16).
2. Amendment of section heading, section and NOTE filed
10-29-2007; operative 11-28-2007 (Register 2007, No. 44).
3.
Editorial correction restoring subsection hierarchy (Register 2008, No.
14).
4. Change without regulatory effect amending subsection
(c)(9)(G) filed 4-2-2008 pursuant to section
100, title 1, California Code of
Regulations (Register 2008, No. 14).
5. Change without regulatory
effect amending subsection (c)(9)(F) filed 3-11-2009 pursuant to section
100, title 1, California Code of
Regulations (Register 2009, No. 11).
Note: Authority cited: Sections
39516,
39600,
39601,
39631,
39650,
39656,
39658,
39659
and
39666,
Health and Safety Code. Reference: Sections
39630,
39631,
39632,
39650,
39656,
39659,
39666,
41510
and
41700,
Health and Safety Code.
1. New section
filed 4-20-2006; operative 5-20-2006 (Register 2006, No. 16).
2.
Amendment of section heading, section and Note filed 10-29-2007; operative
11-28-2007 (Register 2007, No. 44).
3. Editorial correction
restoring subsection hierarchy (Register 2008, No. 14).
4. Change
without regulatory effect amending subsection (c)(9)(G) filed 4-2-2008 pursuant
to section 100, title 1, California Code of Regulations (Register 2008, No.
14).
5. Change without regulatory effect amending subsection
(c)(9)(F) filed 3-11-2009 pursuant to section 100, title 1, California Code of
Regulations (Register 2009, No. 11).
