(a) No person may conduct an oil transfer operation unless the equipment, personnel and operating procedures meet the requirements of this subchapter.(b) Any transfer operation which does not meet the requirements of Subsection (a) of this section may be subject to a shutdown of operations. An order issued by the Staff to terminate an oil transfer operation is an order of the Administrator and failure to comply constitutes a violation of Article 9 of the Government Code (commencing with Section 8670.57 et seq.).(c) The Administrator may grant an exemption or partial exemption from compliance with any requirement in this subchapter if the following conditions are met: (1) An owner or operator submits a written request for an exemption to the Administrator at least 30 days before operation under the exemption is proposed, unless the Administrator authorizes a shorter time period; and(2) It is determined from the request that: (A) compliance with a specific requirement is economically or physically impractical;(B) no alternative procedure, method, or equipment standard exists that would provide an equivalent level of protection from pollution by oil; and(C) the likelihood of oil being discharged as a result of the exemption is minimal.(3) If requested, the applicant must submit any appropriate information to substantiate the request for an exemption. Such information may include an environmental and economic assessment of the effects of and the reasons for the exemption, and any proposed procedures, methods or equipment standards to be followed in lieu of those required. The Administrator may consider any exemption or partial exemption from compliance with any requirement in the Federal regulations granted by the Commandant of the U.S. Coast Guard;(4) The exemption may specify the procedures, methods, or equipment standards that will apply;(5) An exemption will be granted or denied in writing. The decision of the Administrator will be rendered within 10 calendar days of receipt of the request and is the final agency action.(d) Any exemption granted by the State Lands Commission pursuant to Title 2, CCR Section 2310, shall remain in full force and effect until such exemption expires by its own terms or an application is made to the Administrator, pursuant to this section for an extension or amendment of such exemption.Cal. Code Regs. Tit. 14, § 843
1. New article 1.1 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and NOTE and filed 7-12-94 (Register 94, No. 28).
3. Amendment of section and NOTE filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33). Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and Article 9 (commencing with Section 8670.57 et seq.), Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code.
1. New article 1.1 and section filed 2-18-94 as an emergency; operative 2-18-94 (Register 94, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-20-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-94 order transmitted to OAL 5-27-94 with amendment of section and Noteand filed 7-12-94 (Register 94, No. 28).
3. Amendment of section and Note filed 8-13-2002; operative 9-12-2002 (Register 2002, No. 33).