§ 817.02. Marine Facility Plan Content (Except for Those Small Marine Fueling Facilities Addres...
14 CA ADC § 817.02Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
14 CCR § 817.02
§ 817.02. Marine Facility Plan Content (Except for Those Small Marine Fueling Facilities Addressed in Section 817.03 of This Subchapter).
To the degree the information required by Subsections 817.02(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.
(D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has the requisite training, knowledge, and experience. The certification shall be submitted according to the following format;
“I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable.”
______________________________ (signature), (title), (date);
(E) The California Certificate of Financial Responsibility (COFR) number for the marine facility shall be included in the front of the plan. If the COFR is not available when the plan is submitted because the marine facility is not yet operational, the COFR number must be provided as soon as it becomes available. The COFR number must be provided before the plan can be approved.
(2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If the plan holder contracts for this service, documentation that the Qualified Individual or company, and any identified alternates, acknowledge this capacity shall be included in the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. If the plan holder contracts for this service, documentation that the agent for service of process acknowledges this capacity shall be included in the plan. Such agent shall be located in California.
(5) Each plan shall contain evidence of the contract or other approved means (as defined in Section 790 of this subdivision) verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or cleanup capacities covered by the contract. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required.
(A) a piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans;
(B) a description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A material safety data sheet (MSDS) or equivalent will meet some of these requirements and can be maintained separately at the facility providing the plan identifies its location;
(E) for an exploration or production facility, a complete description of those sections of the oil or gas lease field, gathering lines, storage tanks and processing facilities, under the control of the owner/operator, a spill from which could reasonably be expected to impact the marine waters of California.
(D) physical geographic features, including ocean depths and local bathymetry; beach types and other geological conditions, including type of soil and terrain; operational conditions such as physical or navigation hazards, traffic patterns, permanent buoys, moorings and underwater structures or other site-specific factors; and any other physical feature or peculiarity of local waters that call for special precautionary measures that may affect spill response;
Each plan shall address prevention measures in order to reduce the possibility of an oil spill occurring as a result of the operation of the marine facility. The prevention measures must eliminate or mitigate all the hazards identified in the Risk and Hazard Analysis.
The owner/operator may use one or more of the hazard evaluation methods identified by the American Institute of Chemical Engineers, or an equivalent method, including, but not limited to:
(B) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the “Guidelines for Hazard Evaluation Procedures”, second edition, copyright 1992, prepared for The Center For Chemical Process Safety.
For the significant hazards identified in the Risk and Hazard Analysis required under this section, the marine facility shall conduct a trajectory analysis to determine the Off-Site Consequences of an oil spill. This analysis shall assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the U.S. Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted on electronic media, in Portable Document Format (PDF)). The analysis, which shall be summarized in the plan, shall include at least the following:
(A) a trajectory, or series of trajectories (for pipelines, etc.), to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient;
(B) for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs.
Based on the trajectory of the spilled oil as determined in the Off-Site Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive sites that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the U.S. Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (Note: where maps/diagrams are required they may be submitted on electronic media, in Portable Document Format (PDF)).
Each marine facility shall take all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis, and the potential impact those hazards pose to the resources at risk. Each plan shall include the following:
(A) schedules, methods and procedures for testing, maintaining and inspecting pipelines and other structures within or appurtenant to the marine facility that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with Title 30 CFR, Part 250.153; Title 33 CFR, Part 154; Title 49 CFR, Part 195; and/or Title 5, Division 1, Part 1, Chapter 5.5, Sections 51010 through 51019.1 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection.
(B) methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5, Sections 2300-2407; Title 30 CFR, Part 250.154; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection.
(C) procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5; Title 14, CCR, Division 1, Subdivision 4, Chapter 3, Subchapter 6; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
Each plan holder must have a contract or other approved means for containment booming and on-water recovery response resources up to their Response Planning Volume for all potential oil spills from the marine facility. To determine the amount of response resources for containment booming and on-water recovery, each plan holder must calculate a Response Planning Volume as outlined below:
To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each marine facility, as follows:
(A) For marine facilities (except on-shore pipelines (not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code) which are addressed in Subsection (B), offshore platforms which are addressed in Subsections (C) and (D), and offshore pipelines which are addressed in Subsection (E):
1. the loss of the entire capacity of all in-line, break-out and portable storage tank(s), not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code, needed for the continuous operation of the pipelines used for the purposes of handling or transporting oil, taking into account the existence of volume limiting factors including, but not limited to, line pressure, gravity, and the availability and location of the emergency shut-off controls; plus
2. the amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if a hose(s) or pipeline(s) ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage shall be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in hours (based on historic discharge data or the best estimate in absence of historic discharge data for the marine facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels.
3. The Administrator has the discretion to accept that a marine facility can operate only a limited number of the total pipelines at a time. In those circumstances, the reasonable worst case spill volume shall include the drainage volume from the piping normally not in use, in addition to the volume determined in (1) and (2), above.
1. The pipeline's maximum release time in hours (i.e., the time between pipeline rupture and discovery), plus the maximum shut-down response time in hours (based on historic discharge data or in the absence of such historic data, the operator's best estimate), multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum daily capacity of the pipeline), plus the largest line drainage volume after shutdown of the line section(s) in the response zone expressed in barrels. (As used in this subsection: line section means a continuous run of pipe that is contained between adjacent pressure pump stations, between a pressure pump station and a terminal or break-out tank, between a pressures pump station and a block valve, or between adjacent block valves; response zone means a geographic region either along a length of pipeline or including multiple pipelines, containing one or more adjacent line sections, for which the operator must plan for the deployment of, and provide spill response capabilities. The size of the zone is determined by the operator after considering available capabilities, resources, and geographic characteristics); or
3. the amount of additional spillage that could reasonably be expected to enter marine waters during emergency shut-off, transfer or pumping operations if a hose or pipeline ruptures or becomes disconnected, or some other incident occurs which could cause or increase the size of an oil spill. The calculation may take into consideration other safety devices, emergency reaction times and maximum transfer rates; plus
4. the daily production volume for thirty (30) days from an uncontrolled blowout of the highest capacity well associated with the marine facility. In determining the daily discharge rate, the reservoir characteristics, casing/production tubing sizes, and historical production and reservoir pressure data shall be taken into consideration.
The owner/operator of a platform at which a new well is being drilled must submit a proposed reasonable worst case oil spill calculation for platform operations to the Administrator. The proposed worst case discharge is the daily volume possible for thirty (30) days from an uncontrolled blowout taking into consideration any known reservoir characteristics. The proposed calculation will be reviewed by the Administrator during the plan review and approval process to determine if it adequately addresses the oil spill potential of the new well system.
1. The pipeline system leak detection time, plus the shutdown response time, multiplied by the highest measured oil flow rate over the preceding 12-month period. For new pipelines, use the predicted oil flow rate. Add to this calculation the total volume of oil that would leak from the pipeline after it is shut in. This volume should be calculated by taking into account the effects of hydrostatic pressure, gravity, frictional wall forces, length of pipeline segment, tie-ins with other pipelines, and other factors.
(F) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a marine facility's reasonable worst case spill shall be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with Subsection 816.03(b).
Oil Group | Group 1 | Group 2 | Group 3 | Group 4 |
---|---|---|---|---|
Persistence Multiplier | .20 | .50 | .50 | .50 |
The volume determined from the calculation in Subparagraph (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil.
Oil Group | Group 1 | Group 2 | Group 3 | Group 4 |
---|---|---|---|---|
Emulsification Multiplier | 1.0 | 1.8 | 2.0 | 1.4 |
The total determined by the above calculation is a Response Planning Volume.
1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract or other approved means shall be the greater of the amount determined in Subsection 817.02(d)(1) and (2), or the Planning Volume for On-water Recovery calculated for the nearshore/inland environment in the marine facility's federal response plan pursuant to 33 CFR Part 154, Appendix C, Section 7. The Planning Volume for On-Water Recovery is the adjusted volume from the federal calculation determined prior to establishing the response tiers utilizing the mobilization factors.
The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the risk zone in which the marine facility is located and are specified in the tables in this section.
The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract or other approved means. Response resources in addition to those under contract must be identified, and a call-out procedure in place to access this equipment, if the marine facility has a spill that exceeds the Response Planning Volumes. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning volume.
2. The amount of response resources and the timeframes for delivery are specified in Subsection 817.02(d)(3)(B) below. The barrels per day capability figure is the total amount of on-water recovery equipment that must be at the scene of the spill at the hour specified which is measured from the time of notification, as described in this subchapter. All on-water recovery response resources shall be capable of being deployed and operable within one hour of arrival at the scene of the spill or drill but no later than the designated timeframe for each risk zone.
3. The timeframes for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 817.02(f)(8), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements.
Delivery Time (Hrs) | 6 | 24 | 36 | 60 |
---|---|---|---|---|
Bbls/Day Capability | 23,437 | 31,250 | 46,875 | 78,125 |
ii. if a facility/transfer point within a High Volume Port maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
Delivery Time (Hrs) | 12 | 36 | 60 |
---|---|---|---|
Bbls/Day Capability | 19,531 | 35,156 | 66,406 |
i. in addition, facility/transfer points within a Facility/Transfer Area and the Santa Barbara Channel Area must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within 2 hours of notification;
ii. if a facility/transfer point within a Facility/Transfer Area or the Santa Barbara Channel Area maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours;
iv. for infrequent transfers of non-persistent oil, the initial response requirement may be waived by application to the Administrator. The application for waiver must include a justification based on such factors as the location of the marine facility, proximity to response equipment, additional equipment in the immediate area, and the relative environmental sensitivity of the potential spill sites.
(E) The standards set forth in Subsection 817.02(d)(3)(B) will be reviewed by the Administrator to determine if increases to these amounts are feasible and necessary in order to meet the best achievable protection of the coast. The Administrator shall conduct a review and hold a public hearing prior to confirming the new standards to solicit input regarding the necessity of the proposed increase and any credits that may be allowed.
There may be times when it is necessary to move response equipment from one risk zone to another in order to respond to a catastrophic oil spill. However, the Administrator needs to ensure that sufficient response resources are available to address a reasonable risk within each zone. Therefore, when equipment is needed from one risk zone which may impact the plan holder's on-water containment and recovery at the 6 hour level, the plan holder or OSRO shall make a request to the Administrator to temporarily reduce the Response Capability Standards set forth in (d)(3) above, before the equipment can be moved. The Administrator shall only grant such a request after determining that sufficient response resources are available to address a reasonable risk within the zone from where the response equipment is being considered for removal.
(A) Each plan shall demonstrate that the marine facility owner/operator has under contract or other approved means (as defined in Section 790 of this subdivision), access to all the necessary response resources to comply with the Response Capability Standards established in Subsection 817.02(d)(3). The amount of response equipment required shall take into account the effective daily recovery capacity (EDRC, as defined in Chapter 1, Section 790 of this subdivision) of the equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) and for adequate booming and other shoreline protective resources to be owned or under contract or other approved means and available to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. To the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if removed, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
Marine facilities that handle non-floating oil must contract with one or more Rated OSRO(s) to address the marine facility's Response Planning Volume. Such equipment shall include, but is not limited to the following:
(F) The plan holder may propose the use of non-mechanical methods for response operations which may include dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents. The use of any non-mechanical method for response must be done in accordance with provisions of the California Oil Spill Contingency Plan, the National Contingency Plan, the applicable federal Area Contingency Plan and all applicable State laws and regulations. If a non-mechanical method of response is proposed, the plan shall include:
2. for use of a chemical agent, a description of the specific mechanisms in place to assess the environmental consequences of the chemical agent. This shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative;
Each plan must provide for shoreline protection of all potential spills from the marine facility.
Each plan shall demonstrate that the marine facility has access to all necessary equipment and services to address the response strategies appropriate to each shoreline that could potentially be impacted by a spill from the facility.
To determine the amount of equipment and services necessary a Response Planning Volume must be calculated as outlined below:
Oil Group | Group 1 | Group 2 | Group 3 | Group 4 |
---|---|---|---|---|
Persistence Multiplier | .20 | .50 | .50 | .50 |
The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil:
Oil Group | Group 1 | Group 2 | Group 3 | Group 4 |
---|---|---|---|---|
Emulsification Multiplier | 1.0 | 1.8 | 2.0 | 1.4 |
The total determined by this calculation is a Response Planning Volume.
1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract shall be the greater of the amount determined in Subsection 817.02(e)(1), or the adjusted Planning Volume for onshore recovery calculated for the nearshore/inland environment in the facility's federal response plan pursuant to 33 CFR Part 154., Appendix C, Section 7.
Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 790 of this subdivision), the capability of effecting shoreline protection strategies. Such protection strategies must be commensurate with the Response Planning Volume calculated for potential shoreline impact, and must be capable of addressing all appropriate protection, and response strategies. The specific areas where equipment and services must be available for use shall be identified in the Off-Site Consequence Analysis.
(A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. Facilities that provide their own shoreline protection of sensitive sites shall participate in the OSPR Sensitive Site Strategy Evaluation Program, as described in Section 819.01 of this Subchapter. The following information shall be provided to the extent that the following information is provided by a Rated OSRO, evidence of a contract or other approved means with a Rated OSRO will suffice:
(B) Each plan shall have under contract or other approved means sufficient trained personnel to respond to all oil spills up to the calculated Response Planning Volume, which are to remain on scene until demobilized by the State Incident Command or the Unified Command. For planning purposes, this shall include procedures to obtain sufficient personnel to maintain a response effort of at least 14 days.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if moved, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
(A) Utilizing the equipment that must be under contract, each plan shall describe the methods that will be used to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include:
1. all shoreline clean-up procedures and oil diversion and pooling procedures for the close-to-shore environment. These procedures shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis;
(1) Each plan shall describe the organization of the marine facility's spill response system and certified spill management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by subsection 5192(q)(3)(A), Title 8, California Code of Regulations.
(3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed.
(B) For spill mitigation procedures the plan shall include prioritized procedures for marine facility personnel including specific procedures to shut down affected operations. Responsibilities of facility personnel should be identified by job title. A copy of these procedures should be maintained at the facility operations center. These procedures should address the following equipment and scenarios:
(7) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration.
(8) Prior to beginning spill response operations and/or clean up activities, a Site Safety Plan must be completed. Each site safety plan shall include information as required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protective equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program.
Nothing in this section shall be construed as requiring notification before response.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate telephonic contact with the Qualified Individual, the California Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Office of Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection.
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient storage shall be no less than two times the calculated Response Planning Volume up to the Daily Recovery Rate as determined in Section 817.02(d)(3)(B).
(A) To meet the temporary storage requirement described in Subsection (1) above, the following amounts of storage shall be dedicated response resources (as defined in Section 815.05(c) of this subchapter) or OSRO-owned and controlled response resources (as defined in Section 815.05(k) of this subchapter), as applicable to the appropriate risk zone:
Sufficient storage to support the skimming systems shall be brought to the scene of the spill during the first four hours of response:
520 barrels of storage, or 20% of the response planning volume, whichever is less, shall be brought to the scene of the spill within four hours of notification of a spill;
12,000 barrels, or two times the response planning volume, whichever is less, shall be available at the scene of the spill within 6 hours of notification of a spill.
The balance of the temporary storage requirement described in Subsection (1) above may be provided by non-dedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage.
Each plan shall describe how oiled wildlife care will be provided by one of the following approved means:
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each geographic region covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws.
Credits
Note: Authority cited: Sections 8670.7, 8670.10, 8670.28, 8670.29, 8670.30 and 8670.32, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31, 8670.32 and 8670.37.51, Government Code.
History
1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Change without regulatory effect amending subsection (a)(2) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Change without regulatory effect amending subsections (d)(3)(B)1., (d)(3)(B)2., (d)(3)(B)2.ii. and (d)(3)(D) filed 6-11-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 24).
4. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
5. Change without regulatory effect amending subsections (c)(4)(A)-(C), (f)(1) and (j)(2)(D) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
6. Amendment of subsections (d)(3)(B)1.-(d)(3)(B)2.iii. filed 5-25-2001; operative 7-1-2001 pursuant to Government Code section 8670.28(e) and 14 CCR 817.02(d)(3)(E). Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 2001, No. 21).
7. Amendment of subsection (a)(4) and (h)(1), new subsection (h)(1)(A) and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
8. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
9. Amendment of subsections (d), (d)(1), (d)(1)(C)4. and (d)(1)(D) filed 2-8-2011; operative 3-10-2011 (Register 2011, No. 6).
10. Amendment of subsections (c)(1)(B)2., (d)(3)(A)2.-3., (d)(3)(F), (e)(1)(A) and (f)(6), repealer of subsections (f)(7)-(f)(7)(B), subsection renumbering and amendment of subsections (g)(2)(B) and (g)(6) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
11. Change without regulatory effect amending subsections (g)(2)(B) and (g)(6) filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).
12. Amendment of subsection (e)(2)(A) filed 11-14-2014; operative 1-1-2015 (Register 2014, No. 46).
13. Amendment of subsection (a)(4), new subsections (a)(4)(A)-(D), amendment of subsections (a)(5), (b)(2)(E), (d)(1)(B)1., (d)(5)(A), (d)(5)(C), (e)(2), (f)(1) and (i)(2) and amendment of Note filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)
14. Amendment of subsection (c)(3)(B)4. filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).
15. Amendment of subsections (g)(2)(A)-(B) and (k)(1)-(2) filed 9-26-2022; operative 1-1-2023 (Register 2022, No. 39).
16. Amendment of subsections (d)(5)(E), (d)(5)(E)5 and (f)(1)(A) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 817.02, 14 CA ADC § 817.02
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