Section 886.1 - Requirements for the Use of a Licensed OSCA(a) The use, or expedited testing of an OSCA in response to an oil spill shall be subject to the approval of the Administrator and the Regional Response Team (RRT), and done in compliance with the provisions of this subchapter. An OSCA may be used without obtaining the concurrence of the RRT if the OSCA has been listed in a preauthorization plan of the applicable Area Contingency Plan (ACP). Such listing shall have been done in accordance with the provisions of 40 CFR 300, Subpart J, as follows: (1) the RRT representative from the Environmental Protection Agency (EPA) and the state of California, and the Department of Commerce (DOC) and Department of Interior (DOI) natural resources trustees shall review and either approve, disapprove, or approve with modification the preauthorization plans of the Area Committees;(2) the preauthorization plan of the appropriate ACP must address the specific contexts in which the specified products should and should not be used;(3) the OSCA must then be used in a situation the same as or similar to the context described in the ACP.(b) The use of an OSCA shall be supervised by the Department of Fish and Game in accordance with the provisions of this subchapter, and any applicable direction or instruction from the Administrator. Decisions regarding use must be consistent with the statutory provisions governing the duties of the Administrator as outlined in Chapter 7.4 of the Government Code, or the Department's responsibilities pursuant to Fish and Game Code § 5655.(c) Use of an OSCA in a domestic water supply: (1) dispersants, and OSCA's that are not inert, may only be applied to water that is the source of a domestic drinking supply after notification is made to the State Department of Health Services and the appropriate local health agency responsible for drinking water quality; and(2) the OSCA shall be applied in accordance with the recommendations of the state and local health agencies.(d) The local Regional Water Quality Control Board shall be notified before any OSCA is applied to a lake, a reservoir or any surface streams.(e) In addition to the provisions of (a), (b), (c) and (d) above, the following restrictions and requirements apply to the bodies of water indicated: (1) Lakes and reservoirs: (A) Collecting agents: 1. collecting agents that are inert may be applied to lakes and reservoirs provided the floating oil-agent mixture is collected and disposed of properly.2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.(B) Dispersing agents: 1. any application of a dispersant to a domestic water supply shall be in accordance with the provisions of subparagraph (c) of this section.2. shall not be applied to the shoreline of a lake or reservoir;3. aside from 1. and 2. above, dispersing agents may be applied to lakes and reservoirs only if wildlife resources and associated habitat, recreational beaches, marinas or shore facilities are threatened, and other control methods are judged to be inadequate or infeasible by the Department of Fish and Game.(C) Sinking agents shall not be applied to lakes or reservoirs.(D) Bioremediation agents may be applied in lakes and reservoirs and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.(E) Surface washing agents: 1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly.2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.(2) Surface streams: (A) Collecting agents; 1. collecting agents that are inert may be applied to surface streams provided the floating oil-agent mixture is collected and disposed of properly.2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.(B) Dispersing agents shall not be applied to surface streams.(C) Sinking agents shall not be applied to surface streams.(D) Bioremediation agents may be applied to surface streams and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.(E) Surface washing agents: 1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly.2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.(3) Bays and estuaries (from the mouth to the upstream boundary of the tidal prism);(A) Collecting agents may be applied to bays and estuaries provided the floating oil-agent mixture is collected and disposed of properly;(B) Dispersing agents: 1. shall not be applied to the shoreline of a bay or an estuary.2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the "Quick Approval Process for Dispersant Use in Waters Off California" as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97.(C) Sinking agents shall not be applied to a bay or an estuary.(D) Bioremediation agents may be applied to bays and estuaries and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.(E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly.(4) Ocean waters: (A) Collecting agents may be applied in ocean waters only if the floating oil-agent mixture is collected and disposed of properly.(B) Dispersing agents: 1. shall not be applied to shoreline areas, including areas exposed during tidal action;2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the "Quick Approval Process for Dispersant Use in Waters Off California" as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97.(C) Sinking agents shall not be applied in ocean waters.(D) Bioremediation agents may be applied to ocean waters and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.(E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly.(f) In addition to all other requirements of this section, an OSCA shall be used in accordance with the manufacturer's recommendations.(g) Use of a licensed OSCA at variance with the provisions of this subchapter may be approved only by the Administrator or his/her designee.Cal. Code Regs. Tit. 14, § 886.1
1. New article 3 (sections 886.1-886.6) 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. Repealer of former section 886.1 and renumbering of former section 886.2 to new section 886.1, including amendment of section and NOTE, filed 7-28-98; operative 8-27-98 (Register 98, No 31). Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Section 300.115.