California Air Resources Board

Overview:

The Commercial Harbor Craft regulation (CHC regulation) allows the California Air Resources Board (CARB) Executive Officer to approve an alternative control of emissions (ACE) compliance strategy provided the owners/operators can demonstrate that the alternative strategy will achieve particulate matter (PM) and oxides of nitrogen (NOx) emission reductions equal to or greater than those required by the regulation.  Alternative strategies can include, but are not limited to, engine modifications, exhaust after-treatment control, engine repower or rebuild to a more stringent standard, zero-emission and advanced technology (ZEAT) deployment in vessel categories where ZEAT is not required, shore-side power where not required, CARB Approved Emission Control Systems (CAECS), fleet averaging (including ZEAT vessels unless they have been separately used to generate a ZEAT credit or had their compliance date extended by applying a ZEAT credit as set forth in subsection (e)(11) of the CHC Regulation), and any other measures that sufficiently reduce emissions.  ACE applications are made available for public review and comment in two separate public comment periods prior to final approval by the Executive Officer.  The owner or operator is required to meet the performance requirements in the CHC regulation until Executive Officer approval is granted. The requirements for an ACE plan are found in Section (f)(1) of the CHC Regulation.

Public Comment Periods for ACE Plan:

There are two separate public comment periods required for the evaluation of an ACE plan.  The ACE application will be made available on this internet website during these public comment periods.

• First public comment period:
  30-day public comment period to receive comments on any element of the ACE application and whether the Executive Officer should approve or disapprove the ACE application.
   
• Second public comment period:
  15-day public comment period after the Executive Officer proposes either an approval or disapproval of the ACE application.  Any person may comment on the Executive Officer’s proposed approval, disapproval, or on any element of the application.

Final Action:

After the second public comment period, the Executive Office will take final action to either approve or deny the ACE application.  In addition, the Executive Officer shall consider and address all comments received during the first and second comment periods and provide a response to each comment on this internet site.  See Section (f)(2) of the CHC regulation for more information on this ACE process.

Revocation or Modification of Approved ACE:

The Executive Officer may revoke or modify an approved ACE plan with 30 days' notice to the ACE plan holder if there have been multiple violations related to compliance with the ACE plan, the approved ACE plan no longer meets the criteria or requirements, or the ACE plan can no longer be complied with in its current form.

ACE Plan Applications:

The requirements for an ACE plan are found in Section (f) of the Regulation. More information about the ACE Plan can be found here.