(1) No terminal may conduct transfer operations except in accordance with an operations manual approved by the Division.
(2) Operators of terminals shall maintain their operations manual so that it is:
(A) Current; and
(B) Readily available for examination by the Division.
(3) Operators of terminals shall ensure that a sufficient number of copies of their operations manual are readily available for each TPIC and VPIC while conducting a transfer operation.
(b) Letter of Intent.
(1) Any person who proposes to install a new marine terminal or proposes to assume control over the operation of an existing marine terminal shall, not less than 60 days prior to the intended assumption of operations, submit a letter of intent to operate the terminal to the Division.
(2) The letter of intent required by subsection (b)(1) of this section may be in any form, but shall at least include the following:
(A) The name, address, telephone number and facsimile number of the terminal operator;
(B) The name, address, berth number, telephone number and facsimile number (if any) of the terminal;
(C) The proposed operations manual for the terminal; and
(D) The proposed oil spill prevention training and certification programs required by 2 CCR §§ 2540 through 2548.
(3) The operator of any terminal for which a letter of intent has been submitted shall, within five (5) days of any change in operations or information or a termination of use of the terminal, advise the Division in writing of the changes and shall cancel, in writing, the letter for any terminal at which transfer operations can no longer be conducted.
(c) Operations Manual: Approval.
(1) The Division shall review and, within 30 working days of receipt at the Division, approve any operations manual which meets the requirements of this section. If the Division finds that the manual does not meet the requirements of this section, then it shall notify the submitting party within 30 working days of the manual's receipt.
(2) The approval by the Division is voided if the terminal operator:
(A) Amends the operations manual without following the procedures in subsection (f) of this section; or
(B) Fails to amend the operations manual when required by the Division.
(3) Any terminal operator whose operations manual has been disapproved by the Division may appeal the disapproval to the Commission, provided that the appeal is submitted in writing to the Commission Executive Officer within 30 days after the operator receives notice of the disapproval.
(d) Operations Manuals: Contents.
(1) Each operations manual required by this section shall:
(A) Describe how the applicant meets the operating rules and equipment requirements specified in this article and in 33 CFR Parts 154 and 156, Subpart A; and
(B) Describe the responsibilities of personnel under this section and under 33 CFR Parts 154 and 156, Subpart A, in conducting oil transfer operations.
(2) Each operations manual required by this section shall contain all of the following:
(A) Maps and diagrams showing the location and configuration of the terminal, including, at minimum, the following:
1. Scale and direction;
2. A point on the map with its latitude and longitude taken with a geographic positioning system, with differential correction;
3. A site plan of the major structural components of the current facility, including, but not limited to, piers, mooring structures, buoys, manifolds, mechanical loading arms, pipelines, and pipeline end manifolds (PLEMs);
4. The location of the general and emergency shutdown system controls;
5. Locations of any environmental and discharge monitoring devices;
6. Storage locations for pollution containment equipment including those deployed during transfer operations;
7. Configuration of boom containment and arrangements for boom stand-off for each type of transfer operation that takes place at the terminal;
8. Location and type of fire extinguishing, first aid and other safety equipment;
9. Location of facilities used for personnel shelter, if any;
10. Locations of environmentally sensitive areas in the immediate vicinity of the terminal, if any;
11. Where applicable the locations of special shut-off valves and other safety equipment to be used in cases of earthquakes;
12. Locations of sump wells, if any, at or in the vicinity of the terminal;
13. Emergency exit routes for personnel; and 14. Bathymetry and sea floor characteristics;
(B) A physical description of the terminal including a plan of the terminal showing mooring areas, transfer locations, control stations, and locations of safety equipment;
(C) The hours of operation of the terminal;
(D) The sizes, including the maximum size of tank vessel or barge that can be accommodated at the terminal, types, and number of tank vessels and barges to and from which the terminal can transfer oil at any time. The maximum tank vessel size shall be specified by its:
1. Length Overall;
2. Maximum or Loaded Draft; and 3. Deadweight Tonnage (DWT).
(E) For each product transferred at the terminal:
1. Generic or chemical name; and
2. The following cargo information:
a. The name of the cargo, as listed under Appendix II of Annex II of MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 151.05-1, or Table 1 of 46 CFR 153;
b. A description of the appearance of the cargo;
c. A description of the odor of the cargo;
d. The hazards involved in handling the cargo;
e. Instructions for safe handling of the cargo;
f. The procedures to be followed if the cargo spills or leaks or if a person is exposed to the cargo; and
g. A list of fire fighting procedures and extinguishing agents effective with fires involving the cargo.
(F) The minimum number of persons on duty during transfer operations and their duties;
(G) The names and telephone numbers of the terminal operator or operators, U.S. Coast Guard, California State Office of Emergency Services, and other personnel who may be called by the employees of the terminal in an emergency;
(H) A description of each communication system required by Section 2370 of these regulations;
(I) A description of the facilities and the location of each personnel shelter, if any;
(J) A description and instructions for the use of drip and discharge collection, and vessel slop reception facilities, if any;
(K) A description of and instructions for seep monitoring from sump wells, if any;
(L) A description of the operation of and the component location of each emergency shutdown system;
(M) Quantity, types, locations, and instructions for use of oil discharge monitoring devices, if any;
(N) Quantity, type, location, instructions for use, and time required for gaining access to and deployment of initial response containment equipment;
(O) A description of the spill containment for transfer operations required under Section 2395 and, if applicable, the basis used for determining that the onshore marine terminal is subject to high velocity currents as defined in Section 2395, subsection (b)(3);
(P) Quantity, type, location and instructions for uses of fire extinguishing equipment required by federal, state and local fire prevention regulations;
(Q) The maximum relief valve setting or, where relief valves are not provided, maximum system pressure for each transfer system and the method used to determine that pressure;
(R) Procedures for:
1. Operating each mechanical loading arm including the limitations of each loading arm;
2. Transferring oil;
3. Completion of pumping;
4. Emergencies; and
5. Notifying the Division of damage as required by subsection (e) of § 2325 of this Article 5.
(S) Procedures for reporting and initially containing oil discharges;
(T) A brief summary of applicable federal, state, and local oil pollution laws and regulations;
(U) Procedures for shielding portable lighting authorized by the Division under Section 2365;
(V) A description of the training and qualification program for TPIC's;
(W) A list of all designated TPIC's for the terminal;
(X) Statements explaining that each oil or hazardous materials transfer hose is marked either with the name of each product which may be transferred through the hose; with the words, “OIL SERVICE”; or with letters, number or other symbols representing all such products and the location in the operations manual where a chart or list of the symbols used and a list of the compatible products which may be transferred through the hose can be found for consultation before each transfer; and
(Y) A list and brief description of all operating restrictions placed upon the terminal by federal, state or local authorities with proper jurisdiction.
(3) If a terminal collects vapors emitted from vessel cargo tanks for recovery, destruction, or dispersion, the operations manual shall contain a description of the vapor control system at the terminal which includes the following:
(A) A line diagram or simplified piping and instrumentation diagram (P&ID) of the terminal's vapor control system piping, including the location of each valve, control device, pressure-vacuum relief valve, pressure indicator, flame arrester and detonation arrester; and
(B) A description of the vapor control system's design and operation, including:
1. The vapor line connection;
2. Startup and shutdown procedures;
3. Steady state operating procedures;
4. Provisions for dealing with pyrophoric sulfide (for facilities which handle inerted vapors of cargos containing sulfur);
5. Alarms, shutdown devices and Safety Analysis Function Evaluation (SAFE) chart as prescribed in Recommended Practice 14C, Fourth Edition, published on September 1, 1986, by the American Petroleum Institute (API), Publications and Distribution Section, 1220 L Street, NW, Washington, DC 20005; and;
(4) Each operations manual shall also contain an electrical hazardous (classified) area diagram of the current terminal, as described in National Fire Protection Association (NFPA) No. 70, National Electrical Code, Articles 500 and 515, 1996 edition, published by NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101. This diagram need not be bound with the operations manual, but must be located at the terminal. Copies of the operations manual submitted to the Division under subsection (a)(3)(B) of section 2385 need not contain the diagram.
(5) For ease of amendment, the terminal's operations manual shall be contained in a binder which allows easy replacement of pages. The terminal operator shall incorporate a dated copy of each amendment to the operations manual under subsection (f) of this section in each copy of the manual with the related existing requirement or add the amendment at the end of each manual if not related to an existing requirement. Language in the manual which no longer applies shall be removed from the manual.
(6) The operations manual shall be written in the order specified in subsections (d)(2) and (d)(3) of this section or contain a cross-referenced index page in that order.
(e) Operations Manual; Offshore Terminals.
(1) Each operations manual for an offshore marine terminal shall contain all applicable provisions of subsection (d) of this section and shall also include at least the following:
(A) Calculations with supporting data and other documentation to show that the charted water depth at each berth of the terminal is sufficient to provide at least a 6-foot net underkeel clearance at all times and under all conditions for each tank vessel or barge that the terminal expects to be moored at the terminal.
(B) A description of prevailing currents, tides, winds and other weather conditions most commonly experienced at the terminal and a description of the monitoring equipment, if any, employed at the terminal which relays information about wind, wave and current conditions at the terminal.
(C) A description of specific limiting wind, wave, current and meteorological conditions under which each of the following will occur:
1. Oil transfer operations will be shut down;
2. Departure of the tank vessel or barge from the mooring will be required; and
3. Mooring operations will be prohibited.
(D) A description of the navigational aids, if any, provide for approach to the berth and times of operation;
(E) A description of mooring support vessels duties and services;
(F) A detailed description of mooring and unmooring maneuvers with supporting graphical illustrations for each berth of the terminal;
(G) A description of the duties and responsibilities of mooring masters and assistant mooring masters including the numbers of such personnel that will be in attendance at mooring, unmooring or cargo transfer operations; and
(H) A description of each of the tugs available in compliance with Section 2390, subsection (b), including, at least, the following:
1. Bollard pull; and
2. Towing and pushing arrangements.
(2) The additional provisions required by subsection (e)(1) of this section may be incorporated under appropriate existing headings of the operations manual or may be added to the end of the manual.
(f) Operations Manual: Amendment.
(1) Using the following proceedings, the Division may require the terminal operator to amend the operations manual if the Division finds that the operations manual does not meet the requirements of this section:
(A) The Division shall notify the terminal operator in writing of any inadequacies in the operations manual within 30 days of receipt of the manual.
(B) The terminal operator may submit written information, views, and arguments on and proposals for amending the manual within 30 days from the date of the Division notice.
(C) After considering all relevant materials presented, the Division shall, within 30 days of receipt of the material submitted under subsection (f)(1)(B) of this section, notify the terminal operator of any amendment required or adopted, or rescind the notice.
(2) The amendment becomes effective 30 days after the terminal operator receives the Division's notice, unless the terminal operator petitions the Division Chief to review the Division's notice, in which case its effective date is delayed pending a decision by the Division Chief. Petitions to the Division shall be submitted in writing.
(3) If the Division finds that there is a condition requiring immediate action to prevent the discharge or risk of discharge of oil that makes the procedure in subsection (f)(1) of this section impractical or contrary to the public interest, the Division may issue an amendment effective on the date the terminal operator receives notice of it. In such a case, the Division shall include a brief statement of the reasons for the findings in the notice. The owner or operator may petition the Division Chief to review the amendment, but the petition shall not delay the amendment.
(4) The terminal operator may propose amendments to the operations manual by submitting any proposed amendments in writing to the Division.
(5) The proposed amendment shall take effect upon approval by the Division or, if the Division takes no action within 30 days of its receipt, then at the end of that period. If the operator requests that immediate action be taken, the Division may provide immediate approval if it determines that circumstances warrant it, provided that such approval is conditioned upon subsequent review within 30 days of receipt of the proposed amendment.
(6) The Division shall respond to proposed amendments submitted under subsection (f)(4) of this section by:
(A) Approving or disapproving the proposed amendments;
(B) Advising the terminal operator whether the request is approved, in writing;
(C) Including any reasons in the written response if the request is disapproved; and
(D) If the request is made under subsection (f)(5) of this section, immediately approving or rejecting the request.
(7) Amendments which do not affect compliance with the requirements of this article, such as amendments to personnel and telephone number lists required by subsection (d)(2)(G) of this section do not require prior Division approval, but the Division shall be advised of such amendments as they occur.
Credits
Note: Authority cited: Sections 8750, 8751, 8755, and 8758, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8757, and 8758, Public Resources Code.
