California Air Resources Board

Overview:

The Commercial Harbor Craft regulation (CHC regulation) allows the California Air Resouces Board (CARB) Executive Officer to approve an alternative contol of emissions (ACE) compliance strategy provided the owners/operators can demonstrate that the alternative strategy will achieve diesel 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, use of alternative fuels or fuel additives, or fleet averaging.  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. 

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 93118.5 (f) 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 has 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.

Applicant: