California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 5.1 - Standards for Fuels for Nonvehicular Sources
Section 2299.5 - Fuel Requirements, Emission Limits and Other Requirements for Commercial Harbor Craft

Universal Citation: 13 CA Code of Regs 2299.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Prior to January 1, 2023, any person who sells, supplies, offers for sale, purchases, owns, operates, leases, charters, or rents any new or in-use diesel fueled Harbor Craft, as defined in section 93118.5(d)(39), title 17, California Code of Regulations (CCR), must comply with the low sulfur fuel use requirement in section 93118.5(e)(1) and other requirements in section 93118.5, title 17, CCR when operating the craft within Regulated California Waters, as defined in section 93118.5(d)(68), title 17, CCR, except as provided in sections 93118.5(b), (c), and (e)(1)(F), title 17, CCR. Notwithstanding the definition of Harborcraft in section 2299(b)(4), title 13, CCR, and in section 93117(b)(4), title 17, CCR, the low sulfur fuel requirement in section 93118.5(e)(1), title 17, CCR applies to an ocean-going tugboat or towboat that has a "registry" (foreign trade) endorsement on its United States Coast Guard certificate of documentation or that is registered under the flag of a country other than the United States, except when on voyages comprised of "continuous and expeditious navigation" through Regulated California Waters, as provided in section 93118.5(c)(1), title 17, CCR. This section shall not be construed as expanding or limiting either the application or requirements of section 93118.5, title 17, CCR, but is intended to alert affected persons of the Harbor Craft fuel use requirement and other provisions in that section.

(b) On and after January 1, 2023, any person who sells, supplies, offers for sale, purchases, owns, operates, leases, charters, or rents any new or in-use Harbor Craft, as defined in section 93118.5(d), title 17, CCR, must comply with the renewable diesel fuel requirement in section 93118.5(e)(7), and other requirements in section 93118.5, when operating the craft within Regulated California Waters, as defined in section 93118.5(d), except as provided in sections 93118.5(b), (c), and (e)(7)(B). Notwithstanding the definition of "harbor craft" in section 93117(b)(4) and section 2299(b)(4), title 13, CCR, the renewable diesel fuel requirement in section 93118.5(e)(7) applies to all dredges, articulated tug barges, and petrochemical tank barges, and an ocean-going tugboat or towboat that has a "registry" (foreign trade) endorsement on its United States Coast Guard certificate of documentation or that is registered under the flag of a country other than the United States, except when on voyages comprised of "continuous and expeditious navigation" through Regulated California Waters, as provided in section 93118.5(c)(1). This section shall not be construed as expanding or limiting either the application or requirements of section 93118.5, but is intended to alert affected persons of the Harbor Craft fuel use requirement and other provisions in that section.

1. New section filed 10--20--2008; operative 11--19--2008 (Register 2008, No. 43).
2. Amendment filed 6--20--2011; operative 7--20--2011 (Register 2011, No. 25).
3. Amendment of section heading, section and NOTE filed 12-30-2022; operative 12-30-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 52).

Note: Authority cited: Sections 38505, 38510, 38560, 38566, 38580, 39600, 39601, 41511, 43013, 43018 and 43019.1, Health and Safety Code. Reference: Sections 38505, 38510, 38560, 38566, 38580, 39000, 39001, 39515, 39516, 41510, 41511, 43013, 43016, 43018 and 43019.1, Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3rd 411, 121 Cal.Rptr. 249 (1975).

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