Section 816.05 - Plan Updates(a) Timeframes (1) Update and Review (A) The plan holder shall ensure that all plans are up-to-date and complete. All plans shall be resubmitted for review once every five years from the date of the most recent approval letter.(B)1. If the most recently approved plan and all updates submitted since the last plan approval letter have not changed, on or before the 5 year resubmittal due date the owner/operator shall, in lieu of submitting a complete plan as described in Subparagraph (A) above, submit correspondence to the Administrator stating that the plan currently on file with OSPR is up-to-date and complete.2. If the contingency plan on file is over 5 years old from the date of most recent approval letter (original submission or resubmittal) and there has been no correspondence to the Administrator stating that the plan currently on file with the OSPR is up-to-date and complete, that plan will be revoked.(C) The Administrator may require earlier or more frequent resubmission or updates than that required in Subparagraph (A). The owner/operator 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 would warrant an earlier resubmission or update include, but are not limited to, the following: 1. a change in regulations;2. the development of new oil spill response technologies as determined by the Administrator during any review of Response Capability Standards;3. deficiencies identified in the Administrator's review of all the oil spill contingency plans as part of the Coastal Protection Review;4. an increased need to protect plant and wildlife habitat;5. deficiencies in oil spill response capability identified during an oil spill;6. deficiencies in oil spill response capability identified during an oil spill drill;7. significant changes to the tank vessel or marine facility; and8. any other situation deemed appropriate by the Administrator where deficiencies in the ability to provide timely and effective oil spill response are identified.(2) Unscheduled Updates (A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change or update to an approved plan. 1. A significant change is one that could affect timely and adequate oil spill response including changes in ownership and Financial Responsibility coverage.2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures which do not affect timely and adequate oil spill response.3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and cleanup.(b) Review and Approval of Plan Updates (1) The Administrator may deny approval of a resubmitted plan, or updated section(s) of a plan if it is no longer adequate according to the adopted regulations and policies in effect at the time of resubmission.(2) The review will be processed in accordance with the same timeframes and procedures for submission of the initial plan.(c) Logging and Distributing the Revised Plan (1) The plan holder shall distribute the revised plan page(s) to all plan recipients within 15 days of the Administrator's approval of the revisions. Faxed updates for insertion into the plan are not acceptable.(2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. As an alternative to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator (see Section 816.02(b)(3)).(3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change.(d) Each plan recipient must incorporate and utilize all updated materials as provided by the plan holder.Cal. Code Regs. Tit. 14, § 816.05
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. Change without regulatory effect amending subsections (a)(1)-(a)(1)(B) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
3. Amendment of subsections (a)(1)(A), (a)(1)(B)7. and (c)(1), new subsection (c)(2), subsection renumbering, and amendment of subsection (d) filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending NOTE filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment of subsections (a)(1)(A)-(A)1., (a)(1)(B)5.-8., (a)(2)(A)1.-2. and (c)(2) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsection (a)(1)(A), repealer of subsection (a)(1)(A)1., new subsections (a)(1)(B)-(a)(1)(B)2., subsection relettering and amendment of newly designated subsection (a)(1)(C) and subsection (a)(2)(A) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18). Note: Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.31, 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. Change without regulatory effect amending subsections (a)(1)-(a)(1)(B) filed 10-21-96 pursuant to Section 100, title 1, California Code of Regulations (Register 96, No. 43).
3. Amendment of subsections (a)(1)(A), (a)(1)(B)7. and (c)(1), new subsection (c)(2), subsection renumbering, and amendment of subsection (d) filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
4. Change without regulatory effect amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).
5. Amendment of subsections (a)(1)(A)-(A)1., (a)(1)(B)5.-8., (a)(2)(A)1.-2. and (c)(2) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
6. Amendment of subsection (a)(1)(A), repealer of subsection (a)(1)(A)1., new subsections (a)(1)(B)-(a)(1)(B)2., subsection relettering and amendment of newly designated subsection (a)(1)(C) and subsection (a)(2)(A) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).