Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 14. NATURAL RESOURCES
DIVISION 1. FISH AND GAME COMMISSION--DEPARTMENT OF FISH AND GAME
SUBDIVISION 4. OFFICE OF SPILL PREVENTION AND RESPONSE
CHAPTER 3. OIL SPILL PREVENTION AND RESPONSE PLANNING
SU
Date:
08/31/2009
Document:
ยง 818.02. Tank Vessel Plan Content (Except for Those Vessels Carrying Oil As Secondary Cargo Addressed in Section 818.03 of This Subchapter)
To the degree the information required by Subsections 818.02(b) through (m) 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.
(a) Introductory Material
(1) Each plan shall provide the following information for each tank vessel covered by the plan:
(A) the tank vessel's name, country of registry, year built, classification society, radio call sign, and Lloyd's IMO identification number. For U.S. flagged (registered) tank vessels without a Lloyd's IMO identification number, the vessel's official number (also known as the document number) shall be used;
(B) name, address, phone number, fax number and e-mail address, of the owner and/or operator of the tank vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan;
(C) the name, address, phone number, fax number and e-mail address, of the person to whom correspondence should be sent;
(D) the tank vessel's classification, hull type, gross registered tonnage (GRT), maximum cargo amounts, length, draft and beam;
(E) 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 this 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);
(F) the California Certificate of Financial Responsibility (COFR) number for the tank vessel(s) covered by the plan shall be included in the front of the plan, or for fleet plans shall be listed separately in a subsection of the plan.
(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 services of process acknowledges this capacity shall be included in the plan. Such agent shall be located in California.
(4) Each plan shall identify a Spill Management Team (as defined in Section 815.05(p) of this subchapter). If the plan holder contracts for this service, documentation that the Spill Management Team acknowledges this capacity shall be included in the plan.
(5) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter), 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.
(b) Tank Vessel Description
(1) Each plan shall describe the tank vessel's design and operations with specific attention to those areas from which a spill could reasonably be expected to impact the marine waters of California. This description shall include, at a minimum, the following information:
(A) a piping and tank diagram including the location of valves, vents and lines; the age, design, and construction of the tank vessel; the range of oil products normally carried in each structure; and safety equipment;
(B) a description of the types, physical properties, health and safety hazards and maximum storage or handling capacity of the oil or product carried. A material safety data sheet (MSDS) or equivalent will meet some of these requirements and can be maintained separately aboard the tank vessel providing the plan identifies its location.
(c) Prevention Measures
(1) Each plan holder shall take all appropriate prevention measures designed to reduce the possibility of an oil spill occurring as a result of collisions, groundings, explosions or operator error during the operation of the tank vessel. These prevention measures shall include, but not be limited to, the following:
(A) documented safe practices in ship operations and a safe working environment;
(B) safeguards against all identified risks and hazards;
(C) properly documented and updated procedures related to safety and pollution prevention;
(D) ensuring personnel are qualified, medically fit and hold proper licenses;
(E) ensuring personnel know how to operate emergency equipment;
(F) ensuring personnel are trained in emergency preparedness (e.g., fire and boat drills, oil spill response, etc.);
(G) appropriate system monitoring duties are performed;
(H) proper preventive maintenance, inspection and testing of equipment or systems, the failure of which could result in a hazardous situation. This includes, but is not limited to, emergency equipment, cargo system integrity, alarms and emergency shutdowns, oil transfer system integrity, and oily water separator;
(I) internal and external audits to verify compliance of actual practice with documented systems, and to assure continuous review and improvement of safety and pollution prevention systems and processes.
(2) Submitting the following documents as appropriate, and maintaining compliance with the state requirements cited in (c)(1)(C) above, will be considered a demonstration of compliance with this subsection (c):
(A) The owner/operator of a U.S. flag tank vessel shall submit a valid Certificate of Inspection (COI) issued by the U. S. Coast Guard. The owner/operator of a foreign flag tank vessel shall submit valid certificates issued by a member of the International Association of Classification Societies certified by the International Maritime Organization (IMO) of the most recent vessel inspection.
(B) The owner/operator shall also submit a valid Safety Management Certificate (SMC) for each vessel covered by the plan, as well as a Document of Compliance (DOC) to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operators (AWO) Responsible Carrier Program, if applicable.
(C) Where a plan holder's tank vessel is engaged in transfer operations at a facility subject toPublic Resources Code 8755, and the plan holder is in compliance with State Lands Commission regulations for oil transfer operations, the plan holder shall be considered in compliance with rules and regulations for preventions of oil spills at marine terminals.
(d) Planning for the Location of Response Resources
The owner/operator must be prepared to respond to a spill anywhere within the marine waters of California where the tank vessel transits. To determine the regions in which response equipment and personnel must be available, the owner/operator shall include in the plan a description of the vessel's normal routes of travel including a list of each of the six Geographic Regions that the vessel transits along these routes. OSPR has developed Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website) for vessel traffic in California's marine waters. Owners/operators shall meet the response resource and time frame requirements from the appropriate SP Tables when contracting for shoreline protection services.
(e) Containment Booming and On-Water Recovery
Each plan holder must provide a contract or other approved means for containment booming and on-water recovery response resources up to their Response Planning Volume for all potential spills from the tank vessel that could reasonably be expected to impact the marine waters of California. Each plan must demonstrate response resources sufficient to address potential spills in each Geographic Response Plan Area (GRA) if available, or Geographic Region through which the tank vessel may transit. (GRA's are geographic subdivisions of ACP areas). 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:
(1) Reasonable Worst Case Spill
To calculate the Response Planning Volume, it is first necessary to determine the reasonable worst case spill for each tank vessel. The reasonable worst case spill is calculated as 25% of the tank vessel's total cargo capacity.
(2) Persistence and Emulsification Factors
(A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that each tank vessel carries over the marine waters of California. The persistence factors are specified below:
[See Illustration In Original]
(B) Emulsification Factors
The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil.
[See Illustration In Original]
(C) Response Planning Volume
The total determined by this calculation is a Response Planning Volume.
1. The Response Planning Volumes to be used to determine the amount of equipment and services that must be under contract or other approved means, shall be the greater of the amount necessary to address the Response Planning Volume as calculated in Subsections 818.02(e)(1)-(2) or the Planning Volume for On-water Recovery for Inland/Nearshore Environment calculated for the vessel's federal response plan prepared pursuant to 33 CFR, Part 155, Appendix B. The Planning Volume for On-water Recovery is the Adjusted Volume from the federal calculations determined prior to establishing response tiers utilizing the mobilization factors;
2. the calculations used to determine the Response Planning Volume shall be included in the plan.
(3) Response Capability Standards
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 GRA or Geographic Region in which the tank vessel transits and is specified in the tables in this subsection.
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 tank vessel 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.
(A) On-Water Daily Recovery Rates and Containment Boom Amounts
1. The total amount of on-water recovery equipment and services required shall be the lesser of the amount necessary to address the Daily Recovery Rates established in Subsection 818.02(e)(3)(B) below or the Response Planning Volume determined in Subsection 818.02(e)(2)(C).
2. The amount of response resources and the timeframes for delivery are specified in Subsection 818.02(e)(3)(B)(4) 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 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 U.S. Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be owned or under contract or other approved means. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified.
4. 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 818.02(g)(9) , 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.
(B) Daily Recovery Rate
4 6
On-scene 2 hour hours hours 12 18 24 36 60
Times (i) (ii) (ii) hours hours hours hours hours
High
Volume On-water 3,125 13,280 23,437 23,437 27,343 31,250 46,875 78,125
Ports Recovery
Containment
Booming(ft) 2,000
Facility
Transfer
Areas &
Santa
Barbara On-water
Channel Recovery 3,125 6,250 19,531 23,437 25,390 35,156 66,406
Balance
of the On-water
Coast Recovery 3,125 3,750 11,719 15,625 19,531 31,250 62,500
i. At the facility/transfer points within facility transfer areas or during transfers at anchorage designations within the High Volume Ports, there must be 3,125 barrels/day, or 10% of the vessel's cargo capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification. 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 vessel's cargo capacity, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
The 2,000 feet of containment boom is required within one-half (1/2) mile of identified Oil Pollution Risk Areas (OPRAs), which are found at the following latitude/longitude locations:
For the San Francisco Bay/Sacramento-San Joaquin Delta:
Suisun Bay-Bencia Bridge: 38 2.5N; 127 7.5W
Carquinez Bridge: 38 3.6N; 122 13.6W
Deep Water Channel: 38 2.5N; 122 21.9W
San Pablo Bay-Richmond/San Rafael Bridge: 37 56.1N; 122 26.8W
San Francisco Central Bay: 37 50.5N; 122 26.0W
San Francisco Bay Bridge: 37 47.9N; 122 22.6W
South Bay Oakland/Anchorage 9: 37 41.5N; 122 16.2W
San Mateo Bridge: 37 35.1N; 122 15.0W
For the Los Angeles/Long Beach Harbor:
LA/Long Beach Queens Gate: 33 43.4N; 118 10.9W
ii. Tank vessels that transit: 1) inward of the inland line of demarcation as described in 33 CFR, Section 80.1142 for San Francisco harbor, and 2) inwards of a six nautical mile radius of Long Beach Light (LLNR 3025) [33-43.4N, 118-11.2W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751, shall have the initial 13,280 bbls/day on-water recovery capability at the scene of the spill within four hours; and the initial 23,437 bbls/day on-water recovery capability at the scene of the spill within six hours;
(C) Sufficient containment equipment shall be brought to the scene of the spill to address the Daily Recovery Rates as designated in Subsection 818.02(e)(3)(B).
(D) The standards set forth in Subsection 818.02(e)(3)(A)(4), were increased by a factor of 25% on July 1, 1997, and again on July 1, 2001. It was determined that this increase was feasible and necessary to meet the best achievable protection of the coast.
(E) The standards set forth in Subsection 818.02(e)(3)(A)(4) 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.
(4) Movement of Response Resources
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.
(5) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the tank vessel owner/operator has under contract or other approved means (as defined in Section 815.05(b) of this subchapter), access to all necessary response resources to comply with the Response Capability Standards for containment booming and on-water recovery established pursuant to Subsection 818.02(e)(3). The amount of response equipment required will take into account the effective daily recovery capacity (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 U.S. Coast Guard Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) to be owned or under contract or other approved means. 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 location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance;
3. the manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment;
4. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
5. the effective daily recovery capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the effective daily recovery capacity for the skimming systems as a whole.
i. A request may be submitted to the Administrator to review the effective daily recovery capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
ii. The Administrator's decision regarding a change in the effective daily recovery capacity for a piece of equipment will be issued as soon as administratively feasible.
6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels;
7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory equipment, and train personnel;
8. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;
9. sufficient equipment to track the movement of discharged oil including aerial surveillance sufficient to direct skimming operations.
10. Each plan shall describe the personnel available to respond to an oil spill, including:
i. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme;
ii. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel; and
iii. sufficient personnel to maintain a response effort of at least 14 days.
11. Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include:
i. adverse weather;
ii. sea states, tides, winds and currents;
iii. presence of debris or other obstacles; and
iv. any other known environmental conditions that could restrict response efforts.
(C) A list of the spill management personnel (company name if applicable) and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision.
(D) Any equipment and personnel identified in the plan must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
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.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair.
(E) Tank vessels that carry Group 5 oils must contract with one or more Rated OSRO(s) to address the Response Planning Volumes. Such equipment shall include, but is not limited to the following:
1. sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;
2. containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom;
3. dredges, pumps, or other equipment necessary to recover oil from the bottom;
4. equipment necessary to assess the impact of such discharges; and
5. any other appropriate equipment necessary to response to a discharge involving a group 5 oil.
(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 State Marine Oil Spill Contingency Plan, the National Contingency Plan, the applicable Regional Area Contingency Plan, and all applicable State laws and regulations.
If a non-mechanical method of response is proposed, the plan shall include:
1. methods of deployment or application;
2. for use of chemical agents, 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;
3. identification of all permits, approvals or authorizations needed to allow the use of chemical agents or non-mechanical methods, and the timeline for obtaining them;
4. a plan for protecting resources at risk, areas of public concern and the public from any adverse effects of the non-mechanical methods used;
5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and
6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these methods in the marine environment.
(G) The plan shall describe methods for tracking the movement of the discharged oil; and
(H) The plan shall include a list of location of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real- time projections of spill movement.
(f) Shoreline Protection
Each plan must provide for shoreline protection in the Geographic Response Plan Areas (GRA) or Geographic Regions the tank vessel may transit. Each plan shall demonstrate through contracts(s) or other approved means, the response resources necessary to protect each type of shoreline and all applicable environmentally and culturally sensitive sites in the time frames required, as outlined in the appropriate SP Table (dated July 17, 2006), incorporated by reference herein. The Tables representing High Volume port areas (i.e., the San Francisco and Los Angeles/Long Beach Tables) will go into effect on May 1, 2007; all other Tables will go into effect on September 1, 2007. The SP Tables shall be reviewed and updated as needed (e.g., to reflect updates to the ACPs, etc.). Updates to the SP Tables will be processed by OSPR staff using the procedures outlined in the Administrative Procedure Act.
(1) Percentages of Dedicated Shoreline Protection Resources
The following table lists the applicable percentage of dedicated shoreline protection boats and staff that are required for each Geographic Region:
Geographic Region % DEDICATED RESOURCES FOR
(also known as ACP Area) SHORELINE PROTECTION
1 50% dedicated boats and staff
2 75% dedicated boats and staff
3 0% (non-dedicated boats and staff allowed)
4 0% (non-dedicated boats and staff allowed)
For Port Hueneme only, 75% dedicated
boats and staff required
5 75% dedicated boats and staff
6 50% dedicated boats and staff
(A) An owner/operator may propose alternatives to what is listed in the SP Tables for boats and staff only. The proposal may be tested by the Administrator anytime prior or subsequent to plan approval.
(B) Each plan shall have under contract or other approved means sufficient personnel to implement the shoreline protection strategies in the time frames required from the appropriate SP Tables, who 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.
(C) Any equipment and personnel identified to meet the contingency plan requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
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, if such movement 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.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from services for maintenance or repair if the Administrator has not disapproved such removal within 24 hours of notification.
4. The equipment owner shall notify the Administrator when the major equipment is back in service.
(2) Shoreline Clean-Up
(A) Each plan shall describe methods to clean up spilled oil and remove it from the environment. The owner/operator shall have a contract or other approved means to provide the appropriate shoreline clean up services. 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 to implement all the applicable strategies, and appropriate for use on the type of oil identified. The following information must be provided:
1. methods for shoreside clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and
2. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic.
(g) Response Procedures
(1) Each plan shall describe the organization of the tank vessel's spill response system and 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 Title 8, California Code of Regulations, Subsection 5192(q)(3)(A).
(A) The plan holder may utilize the procedures outlined in the appropriate Area Contingency Plan when describing how the tank vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command.
(B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System.
(C) Each plan shall describe the plan holder's safety program, as it relates to an oil spill incident, and the method by which their Safety Officer will be integrated into the State Incident Command System.
(2) Each plan shall identify potential sites needed for spill response operations including location(s) for:
(A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization;
(B) a central communications post if located away from the command post; and
(C) equipment and personnel staging areas.
(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.
(4) Each plan shall describe how the owner/operator will provide onboard emergency services before the arrival of local, state or federal authorities on the scene, including:
(A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
(B) procedures for emergency medical treatment and first aid; and,
(C) procedures to provide the required personnel protective gear for responders.
(5) Each plan shall describe equipment and procedures to be used by tank vessel personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled.
(6) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, local, state, and federal emergency and disaster responders, including:
(A) communication procedures;
(B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used;
(C) the maximum broadcast range for each channel or frequency used; and
(D) redundant and back-up systems.
(7) Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments.
(A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and cleanup procedures.
(B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan.
(8) 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.
(9) Prior to beginning oil spill response operations and clean up activities, a Site Safety Plan must be completed. Each 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 protection 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.
(h) Notification Procedures
(1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:
1. the individual or office to be contacted;
2. telephone number or other means of contact for any time of the day; and
3. an alternate contact in the event the individual is unavailable.
(B) detail the procedures for reporting oil spills to all appropriate local, state and federal agencies within each of the 6 Geographical Regions that the tank vessel transits;
(C) establish a clear order of priority for notification.
(2) Immediate Notification
Nothing in this section shall be construed as requiring notification before response.
(A) Each plan shall include a procedure for contacting the OSRO in each of the six Geographic Regions that the tank vessel transits immediately, but no longer than 30 minutes, after the discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Governor's 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.
(C) Each plan shall include all phone numbers necessary to complete the immediate notification procedures.
(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.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) tank vessel name, country of registry, call sign, and official number;
(B) location of the incident;
(C) date and time of the incident;
(D) course, speed and intended track of the tank vessel;
(E) the nature of the incident;
(F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(H) the size and appearance of the slick;
(I) prevailing weather and sea conditions;
(J) actions taken or planned by personnel on scene;
(K) current condition of the tank vessel;
(L) injuries and fatalities; and
(M) any other information as appropriate.
(5) Reporting of a spill as required by Section 818.02(h)(2) shall not be delayed solely to gather all the information required by Subsection 818.02(h)(4).
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's 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 United Command will meet the requirements of this subsection.
(i) Temporary Storage and Waste Management:
(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 Subsection 818.02(e)(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 nondedicated storage resources. All skimming systems operating at the scene of a spill shall have adequate storage.
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and cleanup operations, including known available sites.
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill.
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process.
(j) Oiled Wildlife Care Requirements
Each plan shall describe how oiled wildlife care will be provided by one of the following approved means:
(1) Utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements; or
(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 Area covered by the plan. Standards and written protocols for wildlife care must comply with all applicable State and federal laws.
(k) Training
(1) Each plan shall provide that all appropriate personnel directly responsible to the owner/operator shall receive training in the use and operation of oil spill response and cleanup equipment. The plan shall describe:
(A) the type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description;
(B) the procedures, if any, to train and use volunteers or other additional personnel in spill response operations as necessary for the size of the spill.
(2) Each plan shall describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training shall include if applicable, the following:
(A) the means of achieving any established training objectives, such as:
1. training programs for each position involved with the various aspects of the operation that could result in a spill (e.g., position responsible for tank vessel inspections or transfers);
2. a training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained;
(B) licenses, certifications or other prerequisites to hold particular jobs.
(3) Each plan shall provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders, such as volunteers or temporary help.
(4) The tank vessel owner/operator shall ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request.
(l) Drills and Exercises
(1) Each plan shall describe the tank vessel's drill and exercise program that meets the requirements of Section 820.01(a), to ensure that the elements, of the plan will function in an emergency.
(2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(a) are met. Onboard emergency procedure drills conducted aboard the tank vessel and properly logged may be credited.
(3) Drills shall be designed by the vessel owner/operator to exercise either components of or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.
(m) Tank Vessel Emergency Services:
(1) Notification Requirements:
Any party responsible for a tank vessel as defined in this subdivision shall notify the U.S. Coast Guard within one hour of a disability if the disabled vessel is within 12 miles of the shore of the state, pursuant to the requirements of Government Code Section 8670.20(b).
(2) Equipment and Services:
Tank vessel emergency services means all services rendered to save a vessel and cargo from any marine peril that could reasonably be expected to cause a discharge of oil into the marine waters of the state, and includes those actions necessary to control or stabilize the vessel or cargo.
(A) All tank vessels required to have a contingency plan pursuant to Section 818.01(a) must demonstrate sufficient tank vessel emergency service capability as outlined in this section;
(B) Availability of the following equipment and services shall be demonstrated by sufficient in-house capability or a signed, valid contract or other approved means with a vessel emergency services provider, or by other means approved by the Administrator. For the purpose of this subsection, a plan holder can demonstrate the availability of equipment and services, in lieu of a signed, valid contract or sufficient in-house capability, by a Letter of Intent or a Conditional Agreement, signed by the entity providing such services and attesting to the availability of the equipment and services required as specified in this Subsection (m). Any service provider must have the appropriate expertise, and all required equipment ready and available to respond within the following timeframes:
1. within 12 hours of notification of the U.S. Coast Guard;
(i.) an emergency services vessel of the appropriate size, configuration, and operating capability to ensure stabilization of a disabled vessel shall be on scene. The emergency services vessel must be capable of reaching the disabled vessel before the disabled vessel would run aground. In determining the time it would take for a vessel to run aground, an estimate shall be made based on the drift rate in the worst case weather assuming the complete loss of power and/or steering;
(ii.) a professional salvor, naval architect or other qualified person knowledgeable of stability, and hull stress assessments of the vessel shall be engaged in tank vessel emergency operations. These assessments shall be developed pursuant to the shipboard spill mitigation procedures as set forth in 33 CFR, Part 155.1035(c)).
(iii.) a private firefighting capability that will respond to casualties in the area(s) in which the vessel will operate. This capability shall be a supplement to the firefighting capability on board the vessel;
(iv.) the vessel emergency services provider must be capable of performing emergency lightering operations, and must have the following equipment on-scene: fendering equipment; transfer hoses and connection equipment; portable pumps; and any ancillary equipment necessary to off-load the volume of the tank vessel's largest cargo tank in 24 hours of continuous operation;
(v.) dewatering pumps, hoses, and power supplies sufficient to maintain vessel stability and prevent sinking shall be on scene.
(2) within 18 hours of notification of the U.S. Coast Guard, and to the extent necessary to avoid a pollution incident, the following must be on scene;
(i) resources for shoring, patching or making other emergency, temporary repairs to correct structural, stability, or mechanical problems on the vessel;
(ii) equipment necessary to tow an incapacitated vessel to a safe haven.
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