Section 885.1 - Applicability and Exemptions(a) Any OSCA applied in or on state waters must be licensed by the Administrator unless otherwise exempted, or being used in an expedited testing situation as specified in this Section.(b) Exemptions to the license requirement: (1) a manufacturer may request an exemption from the licensing requirements for the following agents and substances; (A) substances such as sorbents and other cleanup devices that do not employ the use of active chemical cleanup agents; or(B) substances that do not to cause aquatic toxicity when used for purposes of oil spill response.(c) Expedited testing and use of an unlicensed OSCA: (1) the Administrator or his/her designee may authorize the use of an unlicensed OSCA on an expedited basis in any waters of the state;(2) the unlicensed OSCA must be used in accordance with the criteria established for the particular body of water to which it will be applied, as specified in Article 3 of this subchapter. In addition, such use must be done in consultation with applicable federal agencies and be consistent with the National Contingency Plan.(3) expedited use of an unlicensed OSCA may be authorized if an application for licensing has been submitted but not yet approved or denied, and the following conditions are met: (A) there is danger of impact or harmful effect from an oil spill to the waters of the state; and(B) the Administrator determines that mechanical control devices or currently licensed OSCA's, used either singly or in combination, may not be as appropriate or as effective in the given situation as the unlicensed OSCA; and(C) a preliminary review of the OSCA's license application indicates that the OSCA being tested will not be more hazardous to the aquatic environment than the oil on which it is being applied; and(D) the test has been approved by the Administrator and the RRT, and will be supervised by the Administrator.(4) an expedited test may be conducted for the following purposes; (A) to determine the efficacy of an OSCA in a given situation or on a particular type of oil;(B) to obtain information needed to meet the requirements set forth in Government Code § 8670.12;(C) to improve results when used with a currently licensed OSCA and/or a mechanical control device;(D) to mitigate the effects of the oil spill when it is determined that the impact of the OSCA will be less than the impact of the oil.(5) the OSCA may only be used once on an expedited basis during the licensing process;(6) the results of the test shall be documented and made part of the OSCA license application materials.Cal. Code Regs. Tit. 14, § 885.1
1. New article 2 (sections 885.1-885.10) and section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section heading, section and NOTE filed 7-28-98; operative 8-27-98 (Register 98, No 31). Note: Authority: Sections 8670.13.1 and 8670.7, Government Code. Reference: Sections 8670.13.1, 8670.13.2 and 8670.7, Government Code.
1. New article 2 (sections 885.1-885.10) and section filed 12-31-96; operative 12-31-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 8670.13.2 (Register 97, No. 1).
2. Amendment of section heading, section and Note filed 7-28-98; operative 8-27-98 (Register 98, No 31).