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The California Air Resources Board (CARB or Board) has posted a Notice of Public Availability of Modified Text and Availability of Additional Documents and Information for the proposed amendments to the Commercial Harbor Craft Regulation.
Public Hearing Date: November 19, 2021; March 24, 2022
Public Availability Date: May 19, 2022
Deadline for Public Comment: June 3, 2022
Background
On September 21, 2021, CARB released the Notice of Public Hearing (45-Day Notice) and Staff Report: Initial Statement of Reasons for Rulemaking (Staff Report), titled “Public Hearing to Consider Proposed Amendments to the Commercial Harbor Craft Regulation,” for public review, and made all supporting references available to the public. The Proposed Amendments to the Commercial Harbor Craft (CHC) Regulation include modifications to two sections of the California Code of Regulations: title 17, division 3, chapter 1, subchapter 7.5 section 93118.5 and title 13, division 3, chapter 5.1, section 2299.5.
On November 19, 2021, CARB held its first public hearing to consider the Proposed Amendments. Board members highlighted the need for emission reductions from CHC to meet air quality goals and protect public health. Additionally, the Board directed staff to further evaluate the proposal with respect to four areas to maximize the penetration of zero-emission and cleaner combustion technologies in the marine sector while minimizing the economic impact on CHC owners and operators, especially to small businesses and fleets owning a small number of vessels.
On March 24, 2022, the Final Environmental Assessment (EA), Response to Comments, Proposed Resolution 22-6, and recommended changes to the Proposed Amendments were presented at the second Board Hearing. At that hearing, the Board adopted Resolution 22-6 which approved written responses to the Draft EA, certified the Final EA, and approved the Proposed Amendments to the CHC Regulation with recommended changes.
Resolution 22-6 directed the Executive Officer to make the modified regulatory language and any additional conforming modifications available for public comment, with any additional supporting documents and information, for a period of at least 15 days as required by Government Code section 11346.8. The Board further directed the Executive Officer to consider written comments submitted during the public review period and make any further modifications that are appropriate available for public comment for at least 15 days. The Executive Officer was given authority to both (1) either approve or disapprove proposed changes in regulatory language under Government Code section 11346.8(c), and (2) conduct any appropriate further environmental review associated with such changes, consistent with the Board’s Certified Regulatory Program regulations, at California Code of Regulations, title 17, sections 60000-60008, for those sufficiently related substantial modifications.
These 15-day proposed changes provide an additional extension pathway option through 2034 for Commercial Passenger Fishing Vessels that have replaced all onboard engines to meet Tier 3 or newer standards by the end of 2024, and provide clarification of requirements, in areas where provisions were identified as potentially unclear.
A summary of the newly proposed modifications can be found in the 15-Day Notice.
Inquiries concerning the substance of the proposed regulation may be directed to Melissa Houchin, Air Resources Engineer by e-mail at Melissa.Houchin@arb.ca.gov or by phone at (279) 208-7952, or Tracy Haynes, Staff Air Pollution Specialist by e-mail at Tracy.Haynes@arb.ca.gov or by phone at (279) 842-9874.
The Notice, ISOR, and all subsequent regulatory documents are available on CARB's Rulemaking webpage.
Written Comment Period & Comment Submittal
Written comments will only be accepted on the modifications identified in the Notice. Comments may be submitted by postal mail or by electronic submittal no later than the due date to the following:
Clerks' Office, California Air Resources Board
1001 I Street, Sacramento, California 95814
Please note that under the California Public Records Act (Government Code section 6250 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.
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