Cal. Code Regs. tit. 14 § 815.03
This subchapter sets forth planning requirements for oil spill prevention and response for tank vessels and marine facilities in California. The planning requirements specify that the owner/operator of a tank vessel or marine facility must own or have contracted for on-water recovery and storage resources sufficient to respond to all spills up to the calculated Response Planning Volume or the defined Daily Recovery Rate, whichever is less. A tank vessel owner/operator shall also demonstrate through contracts(s) or other approved means, the shoreline protection response resources necessary to protect each type of shoreline and all applicable sensitive sites as outlined in the applicable Shoreline Protection Tables (SP Tables, see Section 790, incorporated by reference herein and posted on OSPR's website). Equipment in addition to that under contract must be identified, and a call-out procedure in place to access additional response resources if needed. For the purpose of meeting the regulatory requirements herein, contracts for booming, on-water recovery and storage, and shoreline protection services can only be made with OSROs Rated by the Office of Spill Prevention and Response. For other required services (e.g., shoreline clean-up, waste management, spill response management) contracts with non-rated OSROs may be used.
The equipment that the owner/operators have available must be applicable to the areas of intended use. This subchapter requires that trajectory analyses be conducted for marine facilities to determine the probable areas of the coastline that could be impacted by a spill. The applicable SP Tables shall be used for tank vessels. Based on these trajectories and tables the owner/operators will be able to ascertain the type of equipment that must be available, such as shallow-water skimmers, as well as the appropriate response strategies necessary to protect and clean up the shoreline types that could be affected. Tank vessel owner/operators shall demonstrate adequate emergency services as described, by sufficient in-house capability or a signed, valid contract with a vessel emergency services provider.
The information required by this subchapter must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a response manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated.
To the greatest extent possible, California has endeavored to be consistent with the scope and intent of the Federal oil spill response regulations and the Area Contingency Plans (ACP) completed by the U.S. Coast Guard, state agencies, and local governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.). Allowance has been made to accept response plans prepared for the U.S. Coast Guard, or other appropriate agencies, in lieu of some of the information required by this subchapter. Any additional information required by this subchapter can be submitted simply as an addendum to the plans prepared for other agencies. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization) requirements may be used to demonstrate compliance with all or part of this subchapter.
Cal. Code Regs. Tit. 14, § 815.03
2. Editorial correction repealing duplicative chapter heading and amending HISTORY 1 (Register 94, No. 42).
3. Change without regulatory effect amending subchapter 3 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
4. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
5. Amendment of first and last paragraphs and amendment of NOTE filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
6. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
Note: Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.3, 8670.4, 8670.28 and 8670.29, Government Code.
2. Editorial correction repealing duplicative chapter heading and amending History1 (Register 94, No. 42).
3. Change without regulatory effect amending subchapter 3 heading filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
4. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
5. Amendment of first and last paragraphs and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
6. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).