§ 817.04. Inland Facility Oil Spill Contingency Plans.
14 CA ADC § 817.04Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
14 CCR § 817.04
§ 817.04. Inland Facility Oil Spill Contingency Plans.
(2) 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 minimum standards that must be used to determine the amount of equipment and personnel that must be available for a spill. An inland facility owner or operator is ultimately responsible for mitigating, cleaning up, and remediating the effects of the entire volume of an actual spill regardless of the reasonable worst case spill volume listed in the contingency plan.
(1)(A) An owner or operator of an inland facility within one-quarter (1/4) mile of inland waters and that poses a risk of an oil spill into inland waters must have an oil spill contingency plan approved by the Administrator, unless these provisions are not applicable pursuant to (3) of this subsection or the inland facility is granted an exemption pursuant to (c) of this section.
(B) To determine if the requirements of this subchapter are applicable to a particular inland facility, owners and operators may rely on the National Hydrography Dataset and the statewide quarter mile buffer data layer (as depicted in the Southwest Environmental Response Management Application) on the National Oceanic and Atmospheric Administration's website.
(2) Independently, the Administrator may determine that an inland facility poses a risk of a spill to inland waters of the state, considering factors such as, but not limited to, proximity to inland waters of the state, topography, land contour, local drainage patterns, volume of oil handled or transported, and facility infrastructure or operations.
(B) For an owner or operator of a production facility with one or more wells within one quarter (1/4) mile of inland waters of the state and none of those wells has an average daily production rate of 10 barrels or more of oil (excluding produced water) as reported to the Department of Conservation, Division of Oil, Gas, and Geothermal Resources pursuant to sections 3406 and 3227 of the Public Resources Code.
However, if at some time one or more of those wells meets or exceeds the 10 barrel threshold, then the owner or operator shall notify the Administrator simultaneously when the owner or operator reports production data to the Division of Oil, Gas, and Geothermal Resources. From the date of such notice, the owner or operator shall submit a contingency plan pursuant to (e) of this section, as well as an application for a certificate of financial responsibility pursuant to sections 791 through 797.
However, as specified in Health and Safety Code section 25270.2, an aboveground oil production tank regulated by the Division of Oil, Gas, and Geothermal Resources, is not an aboveground storage tank for purposes of being regulated by a unified program agency. Thus, an owner or operator of an aboveground oil production tank is not exempt from this subchapter and may be required to comply with this subchapter.
(4) If at any time there is an oil spill that impacts inland waters of the state from an inland facility for which this subchapter was generally not applicable or that had been previously granted an exemption pursuant to (c) of this section, the Administrator will reevaluate whether the provisions of subchapter (3) and chapter 2 (Financial Responsibility) apply. Such a determination shall be in writing, and upon issuance the requirements of this subchapter and chapter 2 (Financial Responsibility) shall apply immediately from the date of receipt of the determination of applicability.
(B) Equipment, tanks, or pipelines within one quarter mile of inland waters that do not handle, transport, or store oil as part of the supply chain of oil. If equipment, tanks, or pipelines within one quarter mile are part of the supply chain of oil, then an exemption may not be granted unless there are other grounds for an exemption.
(C) Transmission pipelines that are less than six and five-eighths (6 and 5/8) inches in outside nominal diameter and are less than 10 miles in length, and where the operator determines that the reasonable worst case spill from any point on the line section would not impact inland waters of the state within four hours after the initiation of the spill.
(2) Exemptions must be requested in writing and must provide specific, technical justification for the request. For production facilities, the request must also include the American Petroleum Institute well numbers. The Administrator shall inspect the inland facility to determine if conditions for the exemption are valid before the request may be approved. The Administrator will provide written notification of his or her findings within 30 calendar days of receiving the request. If a determination is made that the conditions for the exemption are not met, then the inland facility owner or operator shall submit a contingency plan pursuant to (e) of this section.
(1) An owner or operator may request approval of a single contingency plan applicable to any combination of inland facilities and marine facilities, which is commonly referred to as a “blanket plan.” The owner or operator shall request approval for the use of a multiple facility plan prior to submitting the plan to the Administrator. The request must include a justification for the use of a multiple facility plan.
(3)(A) If a plan holder currently has a marine oil spill contingency plan approved by the Administrator or has a contingency plan approved by another agency, and is required to have an inland facility oil spill contingency plan, and wishes to consolidate the requirements into one plan, the plan holder must coordinate that consolidation with the Administrator as described in subsection (d). For example, a contingency plan required by another agency may be submitted if it also addresses the requirements of this section.
(4) All contingency plan submittals, updates, and revisions shall be in an electronic format that is usable, readable, and searchable by the Administrator (e.g., Microsoft Word, Pages, or a PDF document; not scanned or an image). Additionally, the plan must have a table of contents that is hyperlinked to the different sections of the plan. If updates or revisions are made to a contingency plan, individual updates or revisions can be submitted or a complete contingency plan can be submitted. Other documents required to be submitted with the contingency plan, such as evidence of contracts, diagrams, maps, or photographs shall be submitted in an electronic format (e.g., .pdf, .jpg, .gif) that is usable, readable, and searchable by the Administrator.
The plan holder may designate information in the contingency plan submitted to the Administrator, including reports or studies, that the plan holder considers to be a trade secret, confidential, privileged or otherwise exempt from disclosure, by following the process described in section 790.3 of chapter 1.
(B) The Administrator shall determine whether each contingency plan complies with the requirements of this subchapter. Prior to and subsequent to plan approval, the Administrator may make on-site inspections and require an announced or unannounced drill or exercise of all, or part of, any contingency plan submitted, to determine the plan's adequacy.
(E) The Administrator shall have 15 calendar days to review the resubmitted contingency plan, and issue an approval, denial, or revocation. If the owner or operator fails to adequately address the deficiencies, the Administrator shall declare the contingency plan invalid and shall issue a letter of denial or revocation. The letter shall explain the reasons for denial or revocation, and provide a description of those actions necessary to secure approval.
(E) If at any time after a plan has been approved and the Administrator determines the plan is deficient, then the review and approval provisions (1)(B) through (E) shall apply. Deficiency may be based upon verification, on-site inspection, performance at an announced or unannounced drill or exercise, or actual spill.
An already approved plan shall be revoked, if the plan does not comply with, or maintain compliance with, the criteria set forth in this subchapter and does not address issues identified in a notice of deficiency.
The owner or operator may request reconsideration of a decision made by the Administrator regarding the denial of approval, denial of exemption, or revocation of a contingency plan, by following the process described in section 790.5 of chapter 1.
(5) Each contingency plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the plan holder owns or has under contract. Procedures must allow for initiation of the call-out of additional resources within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(8) An updated estimate of the volume of oil spilled and the volume at immediate risk of spilling shall be reported to the California Governor's Office of Emergency Services if the estimated volumes have increased, but not less than every 12 hours within the first 48 hours of response. The state on-scene coordinator, through the unified command, shall have the option of increasing or decreasing this time frame, depending upon the need for additional notice about the spill. Updated spill volume information included in the incident action plan developed through the unified command will meet the requirements of this subsection.
(D) The certificate of financial responsibility number for the inland facility shall be included in the front of the contingency plan. If a certificate has not been issued, then the contingency plan must include a statement whether an application for a certificate has been submitted (including date of submission). The contingency plan will not be approved until a certificate has been issued.
(E) A statement signed, under penalty of perjury, by an executive within the plan holder's management who is authorized to fully implement the contingency plan, and who shall review the plan for accuracy, feasibility and executability. If an executive does not have training, knowledge and experience in the area of oil spill prevention, preparedness, and response, the statement shall also be signed by another individual within the plan holder's management structure who has training, knowledge, and experience appropriate for the risks posed by the plan holder's reasonable worst case spill volume. The certification statement 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 oil spill contingency plan is true and correct and that the plan is both feasible and executable.” (signature), (title), (date)
(2) Each plan shall identify a qualified individual, and any alternates that may be necessary for the purpose of implementing the contingency plan, and include documentation that the qualified individual acknowledges this capacity. If an alternate or alternates are identified in the contingency 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 shall be made to the state on-scene coordinator at the time the transfer occurs.
(4) Each contingency plan shall identify at least one rated oil spill response organization that will provide the requisite response resources in the event of an oil spill. The plan shall include evidence of the contract or other approved means verifying that any rated oil spill response organization listed in the plan will provide the requisite services. However, if the plan holder itself intends to provide any response resources or capabilities required by this subchapter, then the plan holder shall demonstrate to the Administrator the applicable requirements of this section are met by the plan holder.
(5) Each contingency plan shall provide the name, address, telephone number, e-mail address and fax number of an agent for service of process designated to receive legal documents on behalf of the plan holder, and include documentation that the agent for services of process acknowledges this capacity. Such agent shall be located in California.
The contingency plan shall describe measures that reduce or mitigate the potential hazards identified in the risk and hazard analysis described in subsection (k) of this section. Such description may include, but is not limited to the following:
(1) The contingency plan shall describe the inland facility generally, and describe the inland facility's operations with specific attention to those locations from which an oil spill could occur and impact inland waters of the state. The contingency plan shall also provide the largest reasonable worst case spill volume of all the facilities covered by the plan, pursuant to (4) below.
(C) Relevant piping and tank diagrams (e.g., enhanced photographs or line drawings) including the location of pipelines; 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 of containment structures and oil transfer locations;
(D) A description of the oil handled or transported, including physical properties, health and safety hazards, pour point, viscosity (API gravity), and type (e.g., non-floating oil). A safety data sheet can meet some of these requirements. This information shall be maintained separately at the inland facility, and the contingency plan shall identify the stored location of the information;
(A) A map of track routes and major rail facilities, that also indicates the high threat urban areas in California as defined by federal law (Title 49 Code of Federal Regulations Part 1580, Appendix A), and high hazard areas or local safety hazard sites designated and defined by the California Public Utilities Commission.
(A) Production Facility: 10 percent of the daily average of oil and condensate of the largest producing well (excluding produced water) as reported to the Department of Conservation, Division of Oil, Gas, and Geothermal Resources each year pursuant to sections 3406 and 3227 of the Public Resources Code. Although this volume does not include the water content (produced water), the owner or operator will be required to respond to and cleanup the impacts of produced water.
(B) Transmission Pipeline: Regardless of the following methodology used for determining the reasonable worst case spill volume for a transmission pipeline, the calculations and parameters used shall be submitted as part of the contingency plan. The reasonable worst case spill volume is the largest of the following:
1. The pipeline's maximum release time in hours (i.e. the time between pipeline rupture and discovery), plus the maximum shutdown response time in hours (based on historic spill 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). 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 pressure pump station and a block valve, or between adjacent block valves; or
(C) Railroad: The reasonable worst case spill volume for a railroad is based on the railroad's maximum speed in California as stated in the most recent timetable the railroad has filed with the Federal Railroad Administration, and the amount of oil in bulk transported. Regardless of speed or track class, the minimum reasonable worst case spill volume for a railroad is the largest single tank car the railroad may include in a consist. If a railroad moves more than one tank car in a consist then the reasonable worst case spill volume is based on the larger of either the volume of one tank car or a percentage of the total oil in bulk transported, as follows:
If the Maximum Speed per the Timetable is: | Then the RWCS volume is the higher of: |
10 mph | One tank car or 1% of all oil in bulk |
25 mph | One tank car or 5% of all oil in bulk |
Greater than 25 mph | One tank car or 20% of all oil in bulk |
1. The loss of the entire capacity of all in-line, break-out and portable storage tanks not subject to Chapter 6.67 (commencing with Section 25270; aboveground petroleum storage) or Chapter 6.7 (commencing with Section 25280; underground petroleum storage) of Division 20, Health and Safety Code, needed for the continuous operation, 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 waters of the state during emergency shut-off, transfer or pumping operations if a pipeline or hose ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spill shall be calculated as follows: the maximum time to discover the release from the pipeline or hose in hours, plus the maximum time to shut down flow from the pipeline or hose in hours (based on historic discharge data or the best estimate in absence of historic discharge data for the inland 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 line drainage volume expressed in barrels.
3. The Administrator has the discretion to accept that an inland facility may operate a limited number of the total pipelines or tanks at a time. In those circumstances, the reasonable worst case spill volume shall include the drainage volume from the pipelines normally not in use, in addition to the volumes determined in subsections (j)(4)(D)1. and 2. of this section.
(1) Each inland facility owner or operator shall conduct a risk and hazard analysis that identifies the hazards associated with the operation of the inland facility likely to cause an oil spill, including: operator error, equipment failure, and external events. This subsection shall not require railroads subject to the jurisdiction of the federal Surface Transportation Board to disclose the confidential contents of any safety or security plan required by federal law; however railroads must otherwise comply with the provisions of this subsection.
(2) For hazards identified with the ability to cause an oil spill into waters of the state, the owner or operator shall conduct an offsite consequence analysis for a reasonable worst case spill. The offsite consequence analysis must include a trajectory identifying the potential direction, rate of flow, and time of travel of the reasonable worst case spill from the facility to waters of the state and downstream, accounting for natural and manmade pathways and barriers. The analysis shall assume reasonably foreseeable adverse weather conditions, pessimistic water and air dispersion (including produced water), and other adverse environmental conditions. For risks to inland waters designated as perennial in the National Hydrography Dataset, as described in subsection (b), the analysis must consider the highest flow or current in the waterway for six hours.
(i) Habitat and shoreline types, as identified in Table 1 and in Appendix C of the National Oceanic and Atmospheric Administration Shoreline Assessment Manual (Aug. 2013), or as identified in the American Petroleum Institute's Options for Minimizing Environmental Impacts of Inland Spill Response (Oct. 2016), each incorporated by reference herein.
(4) The owner or operator may rely on and cite area contingency plans, geographic response plans, and other sources to identify the information required by subsections (k)(3)(A), (B), and (C) above. Having a contract with a rated oil spill response organization does not alleviate the requirement for this analysis.
(1) The response resources necessary to address the reasonable worst case spill are brought to the incident over a period of time. The time frame for arrival and operational deployment of response resources is measured from the time the plan holder learns about or receives notification of the spill, drill, or exercise.
(2) The type and amount of response resources, and the time frames for on-scene deployment are specified in the Response Times, Containment, Recovery & Storage tables in subsections (m) and (n) of this section. The amount of response resources required by these tables are planning standards to address the plan holder's reasonable worst case spill; additional resources may be required based on the circumstances of an actual spill. The owner or operator may either provide the necessary response resources or rely on a rated oil spill response organization to provide the response resources, as described in subsections (m)(4) and (n)(7) of this section.
(1)(A) If an owner or operator's inland facility poses an oil spill risk to inland waters designated as intermittent or ephemeral in the National Hydrography Dataset, as described in subsection (b), then the contingency plan only needs to include evidence of a contract or other approved means for the response resources and capabilities to contain and store a reasonable worst case spill volume into or threatening the dry portions of the waterway (e.g., bed, bank, channel areas). These resources must be available within the time frames described in the Terrestrial Response Times, Containment, Recovery & Storage table below. Terrestrial services do not require dedicated response resources.
(B) If an owner or operator's inland facility poses an oil spill risk to inland waters designated as perennial in the National Hydrography Dataset, as described in subsection (b), then the contingency plan must demonstrate on-water response capabilities as described in subsection (n) of this section.
TABLE--Terrestrial Response Times, Containment, Recovery & Storage Amounts
Equipment | Deployment Within 6 hours | Deployment Within 12 hours | Deployment Within 24 hours |
Containment & Recovery | Sufficient equipment for 50% of RWCS | Sufficient equipment for 75% of RWCS | Sufficient equipment for 100% of RWCS |
Temporary Storage | Sufficient storage to adequately support removal | Sufficient storage to adequately support removal | Sufficient storage to adequately support removal |
(3) The contingency plan must include a narrative description of how containment, recovery, storage, and protection equipment, personnel and other resources will be transported or delivered to a spill site. The description shall account for adverse environmental conditions, adverse weather, water currents or flow (e.g., cubic feet per second), winds, and any other conditions that may be reasonably anticipated which could hinder response efforts.
(4) The requirements of this subsection may be provided by a rated oil spill response organization with a terrestrial services rating (as described in section 819.02). To the extent that the requirements are provided by a rated oil spill response organization, then the contingency plan only needs to include evidence of a contract or other approved means with a rated oil spill response organization to satisfy these requirements. However, if an inland facility owner or operator does not contract with a rated oil spill response organization for the requirements and capabilities described in this subsection and intends to meet these requirements with owner or operator owned equipment and personnel, then the owner or operator must provide the information listed in this subsection, and the owner or operator must comply with the oil spill response organization rating requirements pursuant section 819.01 of this subchapter.
(1)(A) If an owner or operator's facility poses an oil spill risk to inland waters designated as perennial in the National Hydrography Dataset, as described in subsection (b), then the contingency plan must demonstrate the response resources to perform containment (e.g. hard boom), recovery of spilled oil and oily waste (e.g. skimming), storage of recovered materials (e.g. tanks, bladders), shoreline protection, and implement any pre-identified response strategies to address the reasonable worst case spill volume into or threatening the waterway. These resources must be available within the time frames described in the Inland On-Water Response Times, Containment, Recovery & Storage table below. The response resources identified to meet the requirements for the first 6 hours must be dedicated response resources.
(B) If an owner or operator's inland facility poses an oil spill risk to inland waters designated as intermittent or ephemeral in the National Hydrography Dataset, as described in subsection (b), then the contingency plan only needs to demonstrate terrestrial response capabilities as described in subsection (m).
(C) The following table indicates the equipment and times within which inland water on-water response resources shall be deployed and operational within the first 24 hours of a spill, drill or exercise for the containment, recovery, and temporary storage of the reasonable worst case spill (RWCS) volume.
Table--Inland On-Water Response Times, Containment, Recovery & Storage Amounts
Equipment | Deployment Within 6 hours (Dedicated) | Deployment Within 12 hours | Deployment Within 24 hours |
Containment (hard boom) | 1,000′ boom | 5,000′ boom | 10,000′ boom |
Recovery Capability (the lesser of) | 820 bbls/day EDRC or 50% of RWCS volume | 4,100 bbls/day EDRC or 75% of RWCS volume | 8,200 bbls/day EDRC or 100% of RWCS volume |
Temporary Storage (the lesser of) | 820 bbls or 50% of RWCS volume | 1,500 bbls or 75% of RWCS volume | 3,000 bbls or 100% of RWCS volume |
(E) The effective daily recovery capacity for each major piece of on-water recovery equipment listed, and the effective daily recovery capacity for the skimming systems as a whole. For planning purposes, the capability of the recovery equipment is the manufacturer's rated capacity as derated by the effective daily recovery capacity;
(A) For inland facilities that pose an oil spill risk to inland waters designated as perennial in the National Hydrography Dataset, as described in subsection (b), and that transport or handle non-floating oil (defined as “Non-floating Oil” in section 790), then the contingency plan shall have evidence of a contract or other approved means with one or more oil spill response organizations with a non-floating oil rating and demonstrate the means to recover non-floating oil up to the reasonable worst case spill volume. Such equipment and resources shall include, but are not limited to, the following methods and equipment for:
(6) The contingency plan must include a narrative description of how containment, recovery, storage, and protection equipment, personnel and other response resources will be transported or delivered to a spill site. The description shall account for adverse environmental conditions, adverse weather, water currents or flow (e.g., cubic feet per second), winds, and any other conditions that may be reasonably anticipated which could hinder response efforts.
(7) The requirements of this subsection may be provided by a rated oil spill response organization with an on-water services rating (as described in section 819.02). To the extent the requirements are provided by a rated oil spill response organization, the contingency plan only needs to include evidence of a contract or other approved means with a rated oil spill response organization that will satisfy the requirements. However, if an inland facility owner or operator does not contract with a rated oil spill response organization for the requirements and capabilities described in this section and intends to meet these requirements with plan holder owned and controlled equipment and personnel, then the owner or operator must provide the information listed in this subsection, must comply with the oil spill response organization rating requirements pursuant section 819.01 of this subchapter, and the equipment identified in the plan must be rotated each year so all the owner or operator equipment is tested over the three year period.
(B) Identify an alternate wildlife care and treatment organization and describe procedures that clearly outline how oiled wildlife will be treated and cared for, including recovery, transport, and processing. Standards and written protocols used for wildlife care shall comply with all applicable state and federal laws. The equipment and personnel necessary to implement these procedures and protocols shall be identified and assured by contract for each response planning area covered by the contingency plan. The documents, equipment, personnel, and facilities must be available for review and inspection by the Administrator upon request.
(1) The contingency plan may identify and include oil spill cleanup agents and applied response technologies that a plan holder considers appropriate for the plan holder's offsite consequence analysis. Procuring agents or technologies will not guarantee approval by the Administrator and the federal Region 9 Regional Response Team for use during an incident. Any listed agents or technologies must be approved for use in California by the Administrator pursuant to Government Code section 8670.13.1 and chapter 8 of this subdivision, and approved by applicable federal agencies.
(2) The plan shall describe the approval process for the use of oil spill cleanup agents and applied response technologies on oil spills in state or federal waters, and acknowledge the decision to approve the use of such agents and technologies rests exclusively with the Administrator and the Regional Response Team, respectively.
(1) All plan holder owned and controlled response resources identified in the contingency plan shall be available, deployable, and operational for an exercise, drill, or spill. Any necessary maintenance for equipment, availability of response personnel, or other eventualities must be considered, and alternative response resources identified when relying upon response resources that would be unavailable for those or other reasons. A significant change in response resources must be reported to the Administrator, as provided in subsection (u) of this section.
(A) The inland facility plan holder shall notify the Administrator when major equipment identified in the contingency plan is removed from service for a period of 24 hours or more for maintenance, sale, or any other reason. Major equipment is that which, if removed, would affect the minimum oil containment, recovery or storage capability set forth in the Response Times, Containment, Recovery & Storage tables in subsections (m) and (n) of this section. Notification must be made prior to removing equipment for planned or anticipated removal and within 24 hours of removing equipment for unplanned or unanticipated reasons.
(3) Cascading. When response resources identified in the contingency plan are to be moved out of the plan holder's planning area, and that movement may impact the plan holder's containment, recovery, or storage capability within the first six hours of a spill, the plan holder or the plan holder's rated oil spill response organization shall make a request to the Administrator to temporarily reduce the minimum oil recovery capability set forth in the Response Times, Containment, Recovery & Storage tables in subsections (m) and (n) of this section before the response resources can be moved. The Administrator shall only grant such a request after determining that sufficient response resources are available to address a reasonable worst case spill within the relevant area from where the response resources are being considered for removal.
(1) Each contingency plan shall describe an incident command system that will be used for spill management. If the plan holder has its own incident command system handbook, guideline, or reference document, this document shall be made available to the Administrator upon request. The contingency plan shall acknowledge that a federal on-scene coordinator and the Administrator will use the National Incident Management System as the template for management of spills, and will use either the U.S. Coast Guard or U.S. Environmental Protection Agency Incident Management Handbook, as defined in subsection 790(i)(3), for spill management guidance. The plan holder shall be able to integrate its incident command system with the system used by the federal on-scene coordinator or the state on-scene coordinator. The inland facility's initial emergency responder on-site shall initiate the incident command system until a more senior facility responder arrives, as required by subsection 5192(q)(3)(A), of title 8, of the California Code of Regulations.
(2) Each contingency plan shall acknowledge the need to complete a site safety and health plan as required pursuant to section 5192, of title 8, of the California Code of Regulations. Applicable site safety and health plan elements may include, but are not limited to site hazards, respiratory protection, personal protective equipment, confined space entry, direct reading instruments and exposure monitoring.
(3) Each contingency plan shall acknowledge command and staging sites and facilities identified in the applicable area contingency plan or geographic response plan. For areas not covered by such federal plans, the inland facility contingency plan shall identify potential sites for response operations including locations for:
Each contingency plan shall describe a tabletop exercise and equipment deployment drill program for the inland facility that meets the exercise and drill requirements of section 820.1 of subchapter 3.6, to ensure that the plan holder can adequately respond to a spill.
(B) If the most recently approved plan and all updates submitted since the last plan approval letter have not changed, on or before the five year resubmittal due date the plan holder shall, in lieu of submitting a complete plan as described in subsection (A), submit a new feasibility and executibility statement to the Administrator indicating that the plan currently on file is up-to-date and complete.
(C) If a contingency plan on file is over five years old from the date of the most recent approval letter (original submission or resubmittal) and there has been no correspondence to the Administrator stating that the plan currently on file is up-to-date and complete, the Administrator shall issue a revocation letter.
(A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change to an approved plan. A significant change is one that could affect timely and adequate oil spill response, including but not limited to, changes in financial responsibility coverage, major equipment availability, a change in the certification of the listed spill management team, or the designated oil spill response organization. Major equipment is something which, if removed, would affect the minimum oil containment or recovery capability set forth in the Response Times, Containment, Recovery, & Storage tables in subsections (m) and (n) of this section.
(4) Change in Ownership. If there is a planned change in control or ownership of an inland facility, then the existing plan holder and the new owner or controlling entity shall each notify the Administrator as soon as it is reasonably possible, but at least 90 calendar days before the date of the change.
(5) Resubmissions. The Administrator may require earlier or more frequent resubmission or updates. The plan holder shall be notified in writing if an earlier resubmission or update is required. The notice shall include an explanation of the reasons for the resubmission or update. The circumstances that may warrant an earlier resubmission or update include, but are not limited to, the following:
The owner or operator of an inland facility who knowingly, intentionally or negligently violates any provision of this subdivision or the Act may be subject to criminal, civil, or administrative actions, pursuant to Government Code section 8670.57 through section 8670.69.6, and chapter 7 of this subdivision (commencing with section 873).
Credits
Note: Authority cited: Sections 8670.7.5, 8670.13, 8670.28, 8670.29 and 8670.32, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.27, 8670.28, 8670.29, 8670.30, 8670.30.5, 8670.31, 8670.32 and 8670.36, Government Code.
History
1. New section filed 9-3-2015 as an emergency; operative 9-3-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 36).
2. New section refiled 9-1-2016 as an emergency; operative 9-1-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 36).
3. New section refiled 8-7-2017 as an emergency; operative 8-7-2017 (Register 2017, No. 32). Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier.
4. New section refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
5. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading, section and Note, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).
6. Editorial correction of subsection (n)(1)(C) (Register 2019, No. 21).
7. Amendment of subsections (d)(2)(E) and (e)(1), new subsections (e)(1)(A)-(C)2., amendment of subsections (e)(2), (e)(2)(A)4., (g)(1)(C) and (h)(3), new subsections (h)(3)(A)-(D), amendment of subsections (h)(4), (m)(1)(A), (r)(1), (u)(3)(A) and (u)(5)(G) 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.)
8. Amendment of subsections (c)(2)(B) and (e)(5), repealer of subsections (e)(5)(A)-(E), amendment of subsection (f)(4), repealer of subsections (f)(4)(A)-(C), amendment of subsection (u)(7) and repealer of subsection (w) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).
9. Amendment of subsection (t) filed 9-26-2022; operative 1-1-2023 (Register 2022, No. 39).
10. Amendment of subsections (j)(2)(D), (n)(4), (n)(4)(A) and (n)(4)(A)5 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, § 817.04, 14 CA ADC § 817.04
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