Section 816.01 - Plan Submittal(a) Plans Unless otherwise exempt, each owner/operator of a tank vessel or marine facility shall prepare and submit an oil spill contingency plan for that tank vessel or facility. The plan may be specific to an individual facility or tank vessel or may be composed as follows:
(1) Marine Facility Blanket Plans (A) Blanket contingency plans may be submitted for marine facilities that are substantially similar to one another based on the criteria in this subsection. The owner/operator must request approval for the use of a blanket plan prior to submitting the plan to the Administrator. The request must include a justification for the use of a blanket plan based on the criteria outlined in this subsection.(B) The Administrator shall determine whether a blanket plan is appropriate for any given group of marine facilities. In order to utilize a blanket plan, each marine facility covered by the blanket must demonstrate the following:1. each facility must be substantially similar in layout and design, or must be an integral part of another facility, such as the pipeline connecting a platform to a shoreside facility;2. each facility must handle the same products;3. the Risk and Hazard Analysis for each facility must show substantially similar risks of a spill, and similar sites of potential leakage or spills;4. the response equipment and personnel must be able to respond to any and all of the covered marine facilities in the same or essentially the same amount of time;5. any spill from any of the marine facilities must pose similar risks in the same or essentially the same Geographical Region, including risks to the same environmentally, economically or culturally sensitive sites; and6. The prevention measures as specified in Subsections 817.02.(c) or 817.03(c) must be substantially the same for each facility.(C) A separate appendix for each marine facility covered by the Blanket Plan must be included as an attachment to the plan.(2) Tank Vessel Fleet Plans Fleet contingency plans may be submitted by an owner/operator that has a number of tank vessels that transit the same or substantially the same routes in California marine waters.
(A) All prevention and response elements required pursuant to Sections 818.02(c) or 818.03(c) must be the same for the tank vessels included in the Fleet Plan.(B) A separate appendix for each tank vessel covered by the Fleet Plan must be included as an attachment to the plan. However, only the Response Planning Volume (see Sections 818.02(e) and 818.03(e)) for the largest vessel in the Fleet Plan needs to be listed.(3) Substitute Plans (A) Plans of other Federal and State Agencies Any plan, or appropriate section thereof, submitted to the Federal Environmental Protection Agency, the Minerals Management Service, the U.S. Coast Guard, the Department of Transportation - Research and Special Programs Administration, the California State Lands Commission, the California Coastal Commission, other states, or other appropriate agencies may be submitted in substitution for all or part of the plan required under this subchapter. This substitution may include documents submitted in compliance with the International Safety Management (ISM) Code. Any information required by this subchapter that is not included in the substitute plan must be submitted as an appendix to that plan. The Administrator will determine if the use of a substitute plan is appropriate prior to final plan approval.
(B) OSRO Rating Letter: An OSRO Rating Letter will be issued for the equipment, personnel, and services which may be provided to the owner/operator of a marine facility or tank vessel or nontank vessel. A copy of the Rating letter may be referenced or submitted in substitution for all or part of the response elements required under Sections 817.02, 817.03, 818.02 or 818.03.
1. An OSRO Rating does not guarantee the performance of an OSRO, nor does the use of an OSPR-Rated OSRO in a contingency plan relieve the plan holders of their ultimate statutory and regulatory responsibility to ensure the adequacy of the spill response resources identified in their contingency plan.(b) Timeframes: (1) A marine facility shall submit a plan that is received by OSPR at least 180 days prior to the beginning of operations. Changes in ownership of a marine facility will require a new plan to be submitted at least 60 days prior to the change in ownership.(2) A tank vessel shall submit a plan, or an amendment or an update to a plan, that is received by OSPR at least five working days prior to entering California marine waters.(c) Receiving Agencies: (1) One copy of the plan (either hard copy or electronic media - see Section 816.02) for each marine facility and each tank vessel shall be delivered to the Office of Spill Prevention and Response (OSPR). Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office upon request.(2) Two copies of the plan (hard copy or electronic media) for each marine facility shall be delivered by the plan holder to the California State Lands Commission.(3) Within two working days of a request from the Administrator, additional copies (hard copy or electronic media) shall be mailed by the plan holder to the State Oil Spill Technical Advisory Committee.(4) Any additional copies shall be submitted within 2 working days of a request by the Administrator.(d) Confidentiality A plan holder may request that proprietary information, including reports or studies, be kept confidential by following the process described in section 790.3 of chapter 1.
Cal. Code Regs. Tit. 14, § 816.01
1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section and NOTE filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending subsection (a)(3)(A) and amending NOTE filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of subsection (a)(3)(C), new subsection (a)(3)(C)1. and amendment of NOTE filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsections (a)(2)(B), (b)(2) and (c)(1) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
7. Change without regulatory effect amending subsection (c)(3) filed 6-19-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 25).
8. Amendment of subsection (d) and repealer of subsections (d)(1)-(d)(3)(C) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27). Note: Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30, 8670.31 and 8670.36, Government Code.
1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment of section and Note filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Change without regulatory effect amending subsection (a)(3)(A) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
4. Amendment of subsection (a)(3)(C), new subsection (a)(3)(C)1. and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
5. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsections (a)(2)(B), (b)(2) and (c)(1) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
7. Change without regulatory effect amending subsection (c)(3) filed 6-19-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 25).
8. Amendment of subsection (d) and repealer of subsections (d)(1)-(d)(1)(C) filed 7-5-2022; operative 10/1/2022 (Register 2022, No. 27).