Loading (50 kb)...'
(continued)
Note: Authority cited: Section 6108, Public Resources Code. Reference: Sections 6911 and 6912(b), Public Resources Code.
s 2270. Marine Invasive Species Control Act; Definitions.
For purposes of this Article, the following definitions apply.
(a) "Voyage" means any transit by a vessel destined for any California port from a port or place outside of the coastal waters of the state.
(b) "Waters of the state" means any surface waters, including saline waters that are within the boundaries of the state.
Note: Authority cited: Section 71215(b), Public Resources Code. Reference: Sections 71200(m) and (o) and 71215, Public Resources Code.
s 2271. Fee Schedule for Marine Invasive Species Control Fund.
(a) The fee required under Public Resources Code Section 71215 is four hundred dollars ($400) per vessel voyage.
(b) The Commission may establish lower levels of fees and the maximum amount of fees for individual shipping companies or vessels. Any fee schedule established, including the level of the fees and the maximum amount of fees, shall take into account the impact of the fees on vessels operating from California in the Hawaii or Alaska trades, the frequency of calls by particular vessels to California ports within a year, the ballast water practices of the vessels, and other relevant considerations.
(c) The fee shall be collected from the owner or operator of each vessel that arrives at a California port or place from a port or place outside of California. That fee may not be assessed on any vessel arriving at a California port or place if that vessel comes directly from another California port or place and during that transit has not first arrived at a port or place outside California or moved outside the EEZ prior to arrival at the subsequent California port or place.
(d)(1) The Executive Officer of the California State Lands Commission shall invite representatives of persons and entities who must pay the fee required under Public Resource Code Section 71215 to participate in a technical advisory group to make recommendations regarding the amount of the fee, taking into account the provisions of Public Resources Code Sections 71200 through 71216.
(2) The technical advisory group shall meet on a regular basis after July 1, 2000, as determined by the group.
Note: Authority cited: Section 71215(b), Public Resources Code. Reference: Sections 71200 and 71215, Public Resources Code.
s 2280. Purpose, Applicability, and Date of Implementation.
(a) The purpose of the regulations in Title 2, Division 3, Chapter 1, Article 4.6 of the California Code of Regulations is to move the state expeditiously toward elimination of the discharge of nonindigenous species into the waters of the state or into waters that may impact the waters of the state, based on the best available technology economically achievable.
(b) The provisions of Article 4.6 apply to all vessels arriving at a California port or place carrying ballast water from another port or place within the Pacific Coast Region. For the purposes of Article 4.6 all ports and places in the San Francisco Bay area east of the Golden Gate bridge including the Ports of Stockton and Sacramento, shall be construed as the same California port or place; and the Ports of Los Angeles, Long Beach and the El Segundo marine terminal shall be construed as the same California port or place.
(c) The provisions of Article 4.6 do not apply to vessels that arrive at a California port or place after departing from ports or places outside of the Pacific Coast Region.
(d) The provisions of these regulations become effective 180 days after they have been filed with the Secretary of State.
Note: Authority cited: Sections 71201.7 and 71204.5, Public Resources Code. Reference: Sections 71201 and 71204.5, Public Resources Code.
s 2281. Safety of Ballasting Operations.
(a) The master, operator, or person in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers.
(b)(1) The master, operator, or person in charge of a vessel is not required by this provision to conduct a ballast water management practice, including exchange, if the master determines that the practice would threaten the safety of the vessel, its crew, or its passengers because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions.
(2) If a determination described in subsection (b)(1) is made, the master, operator, or person in charge of the vessel shall take all feasible measures, based on the best available technologies economically achievable, that do not compromise the safety of the vessel to minimize the discharge of ballast water containing nonindigenous species into the waters of the state, or waters that may impact the waters of the state.
(c) Nothing in this provision relieves the master, operator, or person in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility.
Note: Authority cited: Sections 71201.7 and 71204.5, Public Resources Code. Reference: Sections 71203 and 71204.5, Public Resources Code.
s 2282. Definitions.
Unless the context otherwise requires, the following definitions shall govern the construction of this Article:
(a) "Coastal waters" means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.
(b) "Commission" means the California State Lands Commission.
(c) "Exchange" means to replace the water in a ballast tank using either of the following methods:
(1) "Flow through exchange," which means to flush out ballast water by pumping three full volumes of near-coastal water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
(2) "Empty/refill exchange," which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with near-coastal waters.
(f) "Near-coastal waters" means waters that are more than 50 nautical miles from land and at least 200 meters (656 feet, 109 fathoms) deep.
(g) "Pacific Coast Region" means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 degrees N latitude, exclusive of the Gulf of California.
(h) "Vessel" means a vessel of 300 gross registered tons or more.
Note: Authority cited: Sections 71201.7 and 71204.5, Public Resources Code. Reference: Sections 71200(e), (j) and (n), 71201, 71204 and 71204.5, Public Resources Code.
s 2283. Alternatives.
(a) Petitions for Alternatives.
(1) Any person subject to these regulations may submit a petition to the Commission for alternatives to the requirements of Article 4.6 as applied to the petitioner.
(2) All petitions for alternatives must be submitted in writing. A petition may be in any form, but it must contain all data and information necessary to evaluate its merits in order to fulfill the purposes of these regulations.
(b) Approval of Alternatives.
(1) The Commission may approve any proposed alternatives to the requirements of Article 4.6 if it determines that the proposed alternatives will fulfill the purpose of these regulations as outlined in subsection (a) of Section 2280 of this Article.
(2) If the Commission approves any proposed alternatives under this section, a letter of approval shall be issued to the petitioner setting forth the findings upon which the approval is based.
(3) The Commission may withdraw the letter of approval of any alternative requirements at any time if it finds that the person or persons subject to these regulations have not complied with the approved alternative requirements.
(4) Withdrawal of a letter of approval under this section shall be effective upon receipt by the petitioner of written notification of the withdrawal from the Commission.
Note: Authority cited: Sections 71201.7 and 71204.5, Public Resources Code. Reference: Sections 71201 and 71204.5, Public Resources Code.
s 2284. Ballast Water Management Requirements.
(a) The master, operator, or person in charge of a vessel that arrives at a California port or place from another port or place within the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(1) Exchange the vessel's ballast water in near-coastal waters, before entering the waters of the state, if that ballast water has been taken on in a port or place within the Pacific Coast region.
(2) Retain all ballast water on board the vessel.
(3) Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(4) Discharge the ballast water to a reception facility approved by the commission.
(5) Under extraordinary circumstances where compliance with subsections (a)(1) through (a)(4) of this section is not practicable, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
Note: Authority cited: Sections 71201.7 and 71204.5, Public Resources Code. Reference: Sections 71200, 71204 and 71204.5, Public Resources Code.
s 2300. The Marine Facilities Division.
(a) There is in the Staff of the California State Lands Commission the Marine Facilities Division, which has the primary responsibility for carrying out the provisions of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 within the Commission's jurisdiction.
(b) The primary office of the Division is at 200 Oceangate, Suite 900, Long Beach, California 90802-4335, telephone (562) 499-6312.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2301. The Marine Facilities Inspection and Management Division.
Note: Authority cited: Sections 6005, 6105, 6108, 6216, 6301, 6321, 6501, 6501.1, 6501.2, 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2302. Compliance with Federal, State and Local Regulations.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2303. Inspections and Monitoring.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8670.25 through 8670.37.5, Government Code; Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2304. Prior Notice of Transfer Operation.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2305. Purpose, Applicability and Date of Implementation.
(a) The purpose of the regulations in Title 2, Division 3, Chapter 1, Article 5 of the California Code of Regulations is to provide the best achievable protection of the public health and safety and of the environment by using the best achievable technology.
(b) The provisions of this article shall not apply to:
(1) Oil transfer operations conducted at offshore drilling and production platforms.
(2) Tank cleaning operations which begin after the removal of cargo or fuel from any tank vessel or barge.
(3) Oil transfer operations to or from vessels other than tank vessels or barges if such vessels have oil carrying capacities of less than 250 barrels.
(c) Unless otherwise specified in these regulations any new sections or modifications to existing sections shall become effective 30 days after they have been filed with the Secretary of State.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2310. Alternative Requirements or Exemptions.
(a) Petitions for Alternative Requirements or Exemptions.
(1) Any person subject to these regulations may submit a petition to the Division Chief for alternative requirements or exemptions to the requirements of Article 5.
(2) All petitions for alternative requirements or exemptions must be submitted in writing. A petition may be in any form, but it must contain all data and information necessary to evaluate its merits.
(b) Review and Response to Petitions.
(1) Upon receipt, the Division shall review a petition for an alternative to or an exemption from any provision of this Article 5 to ensure that it contains all necessary information to support the petition.
(2) If the Division Chief determines that the proposed alternatives to or exemptions from the requirements of Article 5 will ensure an equivalent or greater level of protection of the public health and safety and the environment, he or she shall notify the petitioner that the petition is complete and proceed under the provisions of subsection (c)(3) of this section for approval of the petition.
(3) If the Division Chief determines that the proposed alternatives to or exemptions from the requirements of Article 5 will not ensure an equivalent or greater level of protection of the public health and safety and the environment, he or she shall notify the petitioner, in writing, giving specific reasons for such determination.
(4) In all cases, whether a petition is approved or not, the Division Chief shall respond in writing to the petitioner within 30 working days of receipt of a completed petition.
(5) A petitioner who is in receipt of written notification from the Division Chief under subsection (b)(3) of this section shall not be precluded from resubmitting petition for alternatives to or exemptions from similar provisions of this Article 5.
(c) Approval of Alternative Requirements or Exemptions.
(1) Any person subject to these regulations may depart from the requirements of Article 5 if the Division Chief finds that the person subject to these regulations can and will comply with alternative measures which will ensure an equivalent or greater level of protection of the public health and safety and the environment were the person to comply with the provisions of Article 5.
(2) Any person subject to these regulations may be exempt from one or more of the requirements of Article 5 if the Division Chief finds that compliance with a requirement or requirements cannot be achieved at that terminal because of unusual circumstances or conditions at that terminal because of unusual circumstances or conditions at that terminal or because materials or personnel needed for compliance are unavailable.
(3) If the Division Chief approves an alternative requirement or an exemption under this section, a letter of approval shall be issued to the petitioner setting forth the findings upon which the approval is based, and a copy of that letter shall be maintained at all times at the terminal with the terminal's operations manual required under Section 2385.
(4)(A) The Division Chief may withdraw the letter of approval of an alternative requirement at any time if he or she finds that the person or persons subject to these regulations have not regularly and consistently complied with the approved alternative requirement.
(B) The Division Chief may withdraw the letter of approval of an exemption at any time if he or she determines that compliance with the requirement or requirements of Article 5 can be achieved.
(C) Withdrawal of a letter of approval under this section shall be effective upon the receipt by the petitioner of written notification of the withdrawal.
Note: Authority cited: Sections 8751, 8755, 8756 and 8758, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756 and 8758, Public Resources Code; and Sections 15375, 15376 and 15378, Government Code.
s 2315. Definitions.
Unless the context otherwise requires, the following definitions shall govern the construction of this article:
(a) "Administrator" means the administrator for oil spill response, as referenced in Public Resources Code Section 8750, subsection (a).
(b) "Apparent violation" means an act, course of action or omission which, in the opinion of an agent or employee of the Division authorized to make such a determination, appears to be in violation of one or more of the provisions of Article 5.
(c) "Barge" means any vessel that carries oil in commercial quantities as cargo, but is not equipped with a means of self-propulsion.
(d) "Bunkers" or "bunker fuel" means fuel oil or lubrication oil supplied to any vessel for operating its propulsion and auxiliary machinery.
(e) "CFR" means the currently effective edition of the United States Code of Federal Regulations.
(f) "Commission" means the California State Lands Commission.
(g) "Division" means the Marine Facilities Division of the California State Lands Commission.
(h) "Division Chief" means the Chief of the Marine Facilities Division or any employee of the Division authorized by the Chief to act on his behalf.
(i) "HOSE TECHNICAL INFORMATION BULLETIN: No. IP-11-4" means the 1995 edition of the "Hose Technical Information Bulletin: No. IP-11-4; Oil Suction and Discharge Hose; Manual for Maintenance, Testing and Inspection", published by the Rubber Manufacturers Association (RMA), 1400 K Street, N.W., Washington, D.C. 20005.
(j) "Hot work" means work involving sources of ignition or temperatures sufficiently high to cause the ignition of a flammable gas mixture. This includes any work requiring the use of welding, burning or soldering equipment; blow torches; permitted power driven tools; portable electrical equipment which is not intrinsically safe or contained within an approved explosion proof housing; sand blasting equipment; or internal combustion engines.
(k) "ISGOTT" means the Fourth Edition of the International Safety Guide for Oil Tankers and Terminals, published in 1996 by the International Chamber of Shipping (ICS), 30/32 St. Mary Axe, London EC3A 8ET, England.
(l) "International Safety Management (ISM) Code" or "ISM Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization (IMO) by resolution A.741(18), as an amendment to the Annex to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), (new Chapter IX) at the IMO's May 1994 SOLAS Conference.
(m) "Marine terminal" means a facility, including a mobile transfer unit, other than a vessel, located on or adjacent to marine waters in California, used for transferring oil to or from tank vessels or barges. The term references all parts of the facility including, but not limited to, structures, equipment and appurtenances thereto used or capable of being used to transfer oil to or from tank vessels or barges. For the purpose of these regulations, a marine terminal includes all piping not integrally connected to a tank facility. A tank facility means any one or combination of above ground storage tanks, including any piping which is integral to the tank, which contains crude oil or its fractions and which is used by a single business entity at a single location or site. A pipe is integrally related to an above ground storage tank if the pipe is connected to the tank and meets any of the following:
(1) The pipe is within the dike or containment area;
(2) The pipe is connected to the first flange or valve after the piping exits the containment area; or
(3) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.
(n) "MARPOL 73/78" means the final act of the International Conference on Marine Pollution, 1973, including the International Convention for the Prevention of Pollution from Ships, 1973 and of the Protocol of 1978, published in MARPOL 73/78, Consolidated Edition, 1991, IMO Publications, International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, England.
(o) "Mobile transfer unit" means a marine fueling facility that is a vehicle, truck, trailer, tank car, or land based transportable tank, including all connecting hoses and piping, used for the transferring of oil at a location where a discharge could impact marine waters.
(p) "Offshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys.
(q) "Oil" means any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.
(r) "Onshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to land structures or substantially land structures.
(s) "Operator" when used in connection with vessels, marine terminals, pipelines, or facilities, means any person or entity which owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses that vessel, terminal, pipeline, or facility. "Operator" does not include any entity which owns the land underlying the terminal or the terminal itself, where the entity is not involved in the operations of the terminal.
(t) "Spill" or "discharge" means any release of oil into marine waters which is not authorized by any federal, state, or local government entity.
(u) "Tank vessel" or "tanker" means any self-propelled, waterborne vessel, constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo.
(v) "Terminal" means marine terminal.
(w) "Terminal person in charge" or "TPIC" means an individual designated by the terminal operator as the person in charge of a particular oil transfer operation at a particular terminal.
(x) "Threatened violation" means any threatened act, course of action or omission which, if carried out, in the opinion of an agent or employee of the Division authorized to make such a determination, would appear to be in violation of one or more of the provisions of Article 5.
(y) "Transfer" means any movement of oil, including movements of bunker fuel, between the terminal and the vessel by means of pumping, gravitation or displacement. The term "transfer" also includes those movements of oil to, from or within any part of the terminal or vessel that are directly associated with the movement of oil or bunker fuel between the terminal and the vessel.
(z) "Transfer area" means that part of a terminal through which oil product moves between a vessel and the first manifold or shut-off valve outside the terminal area as described in the terminal operations manual.
(aa) "Transfer operations" means the following:
(1) For all terminals, all activities carried out with regard to a transfer, including, but not limited to:
(A) Preparation for transfer;
(B) Hookup and disconnect of hoses, mechanical loading arms and any other equipment used for transferring oil; and
(C) Steady pumping.
(2) For offshore terminals:
(A) All activities set forth in subsection (aa)(1) of this section; and
(B) The procedures and maneuvers for mooring and unmooring of the tank vessel or barge to and from the buoy or buoys as described in the terminal operations manual.
(bb) "Vessel" means every description of watercraft or other artificial contrivance, used or capable of being used, as a means of transportation on water and includes, but is not limited to, tank vessels and barges.
(cc) "Vessel person in charge" or "VPIC" means the person in charge of the vessel's oil transfer operations.
Note: Authority cited: Sections 8750, 8751, 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8756, Public Resources Code.
s 2320. Inspections and Monitoring.
(a) The Division shall carry out an inspection program which shall include the following:
(1) At least once a year, the Division shall cause to be carried out an inspection of each marine terminal in the state to determine whether all parts of the terminal are being maintained and operated in such a manner to ensure the public health and safety and the protection of the environment and in accordance with the operations manual required, and approved under Section 2385 of these regulations and 33 CFR Part 154.
(2) On a continuing basis in accordance with Chapter 31F of Divisions 1 through 11, Title 24, Part 2, Volume 1 of the California Code of Regulations, the Division shall carry out or cause to be carried out inspections and investigations of each onshore marine terminal in the state to determine whether the structural integrity of the terminal, the oil transfer operations system and the safety equipment are designed and being maintained in a safe working condition.
(3) On a continuing basis, the Division shall monitor transfer operations at all terminals.
(b) Every agent or employee of the Division shall, prior to the inspection of a marine terminal or monitoring of an oil transfer operation, or at the time the agent or employee arrives at the terminal or vessel to carry out inspection or monitoring activities, make every reasonable attempt to notify the TPIC or VPIC, as appropriate, of the intended activity.
(c)(1) Every terminal operator shall provide to the Division access at any time to any and all parts of the operator's terminal.
(2)(A) Every terminal operator shall provide to the Division access at any time to any and all documents, records, policies, guidelines and reports relating to terminal personnel training, testing, inspections, maintenance and operation of the terminal, including but not limited to, the following:
1. A copy of the terminal operator's letter of intent;
2. A copy of the state approved terminal operations manual with its letter of adequacy;
3. The name of each person currently designated as a TPIC at that terminal;
4. The date and result of the most recent test or examination of each item tested or examined as required by 33 CFR 156.170;
5. The hose information required by Section 2380, subsections (a)(1)(E), (F) and (G), including that marked on the hose;
6. The record of all inspections and examinations of the terminal by the U.S. Coast Guard and the Division within the last 3 years;
7. The record of all safety related inspections and examinations of the terminal by the State Fire Marshal local fire department or any port police within the last 3 years;
8. Any current permits to perform work of a hazardous nature issued pursuant to Section 2360; and
9. The Declaration of Inspection required by Section 2335.
(B) If policies, guidelines and reports described in subsection (A) of this section for a particular terminal are not available at the terminal except in an office or other location which is open and reasonably accessible only during reasonable business hours, the terminal operator shall not be required to provide the Division access to those policies, guidelines and reports except during reasonable business hours.
(C) No terminal operator shall be required to provide access to policies, guidelines and reports except during reasonable business hours, during transfer operations or during investigations resulting from emergency situations, including, but not limited to, oil discharge events or situations where an oil discharge involving the terminal may be imminent.
(3) Each operator of any vessel shall provide to the Division access on board the vessel at any and all times the vessel is engaged in oil transfer operations at any terminal. Access shall be provided to any and all parts of the vessel necessary, as deemed by the employee or agent of the Division, to monitor any and all phases, aspects and parts of transfer operations for compliance with regulations of the State of California.
(4) Access under subsections (c)(1), (2) and (3) of this section shall be provided without warrant or prior notification by the Division.
(5)(A) If any duly authorized employee or agent of the Division is denied access, as specified in this section, to any part of the terminal or to any vessels at the terminal, the employee or agent shall immediately make every reasonable attempt to notify the TPIC or VPIC, whichever is appropriate, that access has been denied.
(B) No terminal may be used in transfer operations with any vessel during any period where any duly authorized employee or agent of the Division is denied access to that vessel.
(6) If any duly authorized employee or agent of the Division is denied access as specified under this section, the Division shall do all of the following:
(A) Provide notification of the denial of access to the Coast Guard Marine Safety Office having jurisdiction;
(B) Provide notification of the denial of access to the Administrator; and
(C) Take whatever legal action is necessary or appropriate to obtain access.
(d) In the event of an oil spill, the presence of any employee or agent of the Commission shall in no way relieve or alter any responsibility any operator of a terminal or vessel may have to report the discharge to the Office of Emergency Services, as required under Government Code Section 8670.25.5, and to comply with all applicable contingency plans and all requirements under the Government Code regarding response to oil spills.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8670.1 through 8670.70, Government Code; and Sections 8750, 8751, 8755 and 8756, Public Resources Code.
s 2325. Notification.
(a) Unless the Division and a terminal operator agree otherwise, at least four (4) hours, but not more than twenty four (24) hours, prior to the initiation of any transfer operation, the operator of the terminal where the transfer is to take place shall provide notice of the transfer to the Division. For barge operations, where the terminal operator has less than four (4) hours advance notice of the transfer, the terminal operator shall provide the Division with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations.
(b) Notifications shall be made in person, by telephone or by facsimile machine to the local area Division field office. For terminals located north of the boundary between Monterey and San Luis Obispo Counties, notifications are to be made to the Division field office in Hercules, (510) 741-4950; facsimile number (510) 741-4975. For terminals located south of the boundary between Monterey and San Luis Obispo Counties, notifications are to be made to the Division field office in Long Beach, (562) 499-6348; facsimile number (562) 499-6355.
(c) The notification shall include the following:
(1) The location of the transfer;
(2) The expected time of arrival of the vessel;
(3) Time anticipated for initiation of the transfer operations;
(4) The name of the tank vessel or barge involved,; and
(5) The type or types of oil, oil products, or mixtures containing oil expected to be transferred, including, but not limited to, cargo, bunker fuel, slops and dirty ballast.
(6) The approximate quantity of material being transferred under the categories of feedstock, product or slops.
(d) The terminal operator or TPIC shall promptly notify the local area Division field office of any report or notification received from the VPIC, that the tank vessel berthed at the terminal for the purpose of conducting a transfer operation does not have the ability to move away from the berth, under its own power, within 30 minutes, as described in Section 2340, subsection (c)(28)(A).
(e) The terminal operator or TPIC shall promptly notify the local area Division field office of any damage to structure or equipment at the terminal that is likely to impact public health and safety and the environment adversely, or is damage in excess of $50,000 in value. Examples of incidents which may cause reportable damage shall include, but not be limited to, impact from vessel, heavy weather, fire, explosion, equipment failure, acts of terrorism or seismic activity.
Note: Authority cited: Sections 8751, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code.
s 2330. Exchange of Information.
(a) Exchange of Information Prior to a Vessel's Arrival at a Terminal.
(1) Prior to arrival of a tank vessel or barge at the terminal, the terminal operator shall acquire from the tank vessel or barge or its owners, operators or agents, and the vessel's owner, operator or agent shall provide, all of the following items of information which are applicable:
(A) Draft on arrival;
(B) Maximum draft and trim expected during transfer operation;
(C) Whether tank cleaning or crude oil washing will be undertaken;
(D) Any repairs that could delay commencement of cargo transfer;
(E) Manifold details, including type and size;
(F) Quantity and nature of slops, dirty ballast to be transferred at the terminal and any contamination thereof by chemical additives;
(G) Any defect of hull, machinery, piping, valves or other equipment which may:
1. Affect the safe maneuverability of the tank vessel or barge; or
2. Constitute a hazard to public health and safety and the environment; and
(H) Any other information pertinent to mooring, transfer of vessel's stores and cargo transfer operations.
(2) Prior to arrival at the terminal, the terminal operator shall provide, as applicable to the operator of the tank vessel or barge, information which shall include but not be limited to:
(A) Least depth of water expected at the berth while the vessel will be at the berth;
(B) The minimum number, length, size and material of mooring lines and emergency towing wires and accessories which the vessel should have available for mooring operations;
(C) Manifold, hose and mechanical loading arm details, including, but not limited to, type and size, used for oil transfer;
(D) Details and requirements concerning any vapor control system;
(E) Terminal requirements for crude oil washing and tank cleaning procedures;
(F) Any arrangements for the reception of slop or oil ballast residues;
(G) Any particular features of a dock or mooring or any significant damage which is considered essential to bring to the notice of the Master of the tank vessel, crew of the barge, Pilot or Mooring Master;
(H) At offshore terminals, the number of tugs required and the number of mooring support vessels that will be provided for mooring and unmooring operations;
(I) At offshore terminals information on wind, sea, swell, current, tide, visibility and load limitations and terminal restrictions including conditions under which mooring will not be permitted and conditions requiring cessation of transfer operations and departure from the moorings; and
(J) Any other information pertinent to available port services, mooring and cargo transfer operations.
(b) Exchange of Information upon Arrival (Pre-transfer Conference).
(1) Transfer operations shall not commence until both persons in charge are present and mutually agree to commence transfer operations after having conducted a pre-transfer conference and completed the declaration of inspection.
(2) The TPIC and VPIC shall hold a pre-transfer conference, to ensure that each person in charge clearly understands all information and agrees to all procedures necessary for a safe and pollution-free transfer operation.
(3) Those matters to be addressed in the pre-transfer conference shall include, but not be limited to, detailed information concerning the following:
(A) The quantities and temperatures of the products to be transferred;
(B) The cargo information listed in Section 2385, subsection (d)(2)(E) for the products to be transferred;
(C) The transferring and receiving systems, including, but not limited to, the following:
1. The sequence of transfer operations;
2. Maximum allowable working pressure;
3. Maximum allowable product temperature;
4. The control of line pressures;
5. The location of pressure gauges;
6. Settings of relief valves and the direction of their discharge;
7. Communications between vessel and terminal to compare and confirm quantities transferred and received;
8. Limitations on the movement of loading hoses and mechanical loading arms;
9. The initial, maximum and topping off transfer rates;
10. Tank changeover procedures;
11. Topping off procedures;
12. Transfer shutdown procedures; and
13. Signals to be used for standby, slowdown transfer rate, stop transfer, and emergency shutdown in case of a breakdown of communications systems;
14. If any part of the transfer is to be by gravity, the maximum marine terminal transfer rate possible using gravity; and
15. If the transfer is expected to take less than an hour, the approximate anticipated length of time needed for the transfer.
(D) Critical stages of the transfer operation;
(E) Federal, state, and local rules that apply to the transfer of oil;
(F) Emergency procedures;
(G) Discharge containment procedures;
(H) Discharge reporting procedures and requirements;
(I) Watch or shift arrangement;
(J) Frequency and means of checking that communications systems are operating effectively; and
(K) Minimum underkeel clearance required by the terminal operator.
(4) In addition to the requirements of subsection (b)(3) of this section, the TPIC and VPIC shall verify the following during the pre-transfer conference:
(A) The name or title and location of each person participating in the transfer operation;
(B) That vessel's cargo tanks which are required by the Coast Guard to be inerted have an oxygen content in the vapor space of cargo tanks of 8 percent by volume or less;
(C) That inerted tanks will remain inerted throughout the transfer operation or, if not, that Coast Guard approved alternate safety procedures will be employed;
(D) Whether tank cleaning or crude oil washing will be conducted during the transfer operation;
(E) The number and sizes of hose connections or loading arms to be used;
(F) Arrangements for the transfer of slops and oily ballast residues; and
(G) The maximum transfer rate of vapor control systems used during the transfer operation.
Note: Authority cited: Sections 8750, 8751, 8752, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8757, Public Resources Code.
s 2335. Declaration of Inspection.
(a) No person may transfer oil to or from a vessel unless both the TPIC and VPIC have filled out and signed a declaration of inspection described in subsection (c) of this section.
(b) No person in charge may sign the declaration of inspection unless he or she has determined by visual inspection, unless visual inspection is precluded, and indicated by initialling in the appropriate space on the declaration of inspection form, that the terminal, vessel, or both, as appropriate, meets the requirements of Section 2340.
(c) The declaration of inspection may be in any form, but must contain at least the following:
(1) The name or other identification of the transferring vessel and the terminal;
(2) The address of the terminal;
(3) A list of the requirements in Section 2340, subsection (c), with each requirement set forth separately and with spaces on the form following each requirement for the person in charge of the vessel, terminal, or both, as appropriate, to indicate by initialling that the requirement is met for the transfer operation; and
(4) A space for the date, time of signing, signature, and title of each person in charge during transfer operations on the transferring vessel or terminal and space for the date, time of signing, signature, and title of each person in charge during transfer operations on the receiving terminal or vessel.
(d) On completion of the transfer operation the TPIC and VPIC shall annotate the declaration of inspection with:
(1) The date and time of hookup for the transfer operation; and
(2) The date and time of disconnection upon completion of the cargo transfer;
(e) The VPIC and TPIC shall each have a signed copy of the declaration of inspection available for inspection by any employee or agent of the Division during the transfer operation.
(f) Each TPIC and VPIC who is different from the person who originally signed the declaration of inspection shall sign the declaration of inspection before assuming or re-assuming the duties of a person in charge. Prior to their signing or re-signing the declaration of inspection, each person in charge shall inspect the terminal or vessel, as appropriate, to ensure that the requirements of Section 2340, are being maintained.
(g) The terminal operator shall retain a signed copy of the declaration of inspection for at least three (3) years from the date of signature.
Note: Authority cited: Sections 8750, 8751, 8752, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code.
s 2340. Requirements for all Transfer Operations.
(a) No operator, crew member or personnel of a vessel or terminal shall carry out or perform any willful or negligent act or omission which causes the entry of any amount of oil into marine waters during any transfer operation.
(b)(1) Unless, because of emergencies or unanticipated circumstances, doing so would harm public health or safety or the environment, all transfer operations shall be conducted in accordance with the terminal operations manual approved under s 2385 of these regulations or vessel transfer procedures required by 33 CFR 155.720, as appropriate, and with the mutual agreements and understanding established during the pre-transfer conference.
(2) Notwithstanding the provisions of subsection (b)(1) of this section, in circumstances where for operational or safety reasons the sequence of transfer operations or any other conditions or procedures agreed to in the pre-transfer conference are to be changed, the TPIC and VPIC shall, prior to continuation of the transfer operation, confer with each other to ensure that each person in charge clearly understands all information regarding the changes and agrees to all procedures necessary for continuation of a safe and pollution free transfer operation.
(c) The respective requirements with which the terminal and vessel must comply and which must be set forth on the declaration of inspection and initialled separately by both the TPIC and VPIC or both, as appropriate, as required by Section 2335, shall include, but not be limited to, the following:
(1) The vessel's moorings are strong enough to hold during all expected conditions of surge, current, and weather that are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation.
(2) Transfer hoses and loading arms are long enough to allow movement of the vessel while secured at the berth without placing strain on the hose, loading arm, or transfer piping system.
(3) To prevent kinking or other damage to the hose and strain on its coupling, each hose is supported in accordance with the operational recommendations of the "HOSE TECHNICAL INFORMATION BULLETIN: No. IP-11-4."
(4) Each party of the transfer system is aligned to allow the flow of oil.
(5) Each part of the transfer system not necessary for the transfer operation is securely blanked off. Each test cock, sampling or bleeder valve is closed and securely capped.
(6) The end of each hose, loading arm and manifold that is not connected for the transfer of oil is blanked off with a bolt in at least every other hole and in no case less than four (4) bolts.
(7) The transfer system is attached to a fixed connection on the vessel and the terminal.
(8) Except when used to receive ballast as agreed within the pre-transfer conference, each overboard discharge or sea suction valve that is connected to the vessel's transfer or cargo tank system is sealed or lashed in the closed position.
(9) Each transfer hose has no unrepaired loose covers, kinks, bulges, soft spots, or other defect which would permit the discharge of oil through the hose material and no gouges, cuts, or slashes that penetrate any layer of hose reinforcement. "Reinforcement" means the strength members of the hose, consisting of fabric, cord or metal.
(10) Each hose or loading arm in use meets the requirements of Section 2380, subsections (a) and (b), respectively.
(11) Each connection meets the requirements of Section 2380, subsection (d).
(12) Any monitoring devices used to detect or limit the size of a discharge of oil, if installed, are operating properly.
(13) The small discharge containment equipment for the terminal, required by Section 2380, subsection (f), is readily accessible or deployed as applicable and will be periodically drained as required by subsection (g) of Section 2380.
(14) The discharge containment equipment for the vessel is in place and will be periodically drained to provide the required capacity.
(15) Each drain and scupper is securely closed by mechanical means.
(16) All connections in the transfer system are leak free, except that a component in the transfer system, such as the packing glands of a pump which cannot be made leak free, shall not leak at a rate that exceeds the capacity of the discharge containment provided during the transfer operation.
(17) The communications required by Section 2370 are operable for the transfer operation.
(18) The emergency means of shutdown for the terminal, required by Section 2380, subsection (h) and the emergency means of shutdown for the vessel required by 33 CFR 155.780 are in position and operable.
(19) There is a TPIC and a VPIC, and each:
(A) Meets the appropriate requirements of Section 2375 for persons in charge;
(B) Is at the site of the transfer operation and immediately available to the transfer personnel;
(C) Has ready access to a copy of the terminal operations manual or vessel transfer procedures, as appropriate; and
(D) Conducts the transfer operation in accordance with the terminal operations manual or vessel transfer procedures, as appropriate.
(20) The personnel required, under the terminal operations manual and the vessel transfer procedures, to conduct the transfer operation:
(A) Are on duty; and
(B) Conduct the transfer operation in accordance with the terminal operations manual or vessel transfer procedures, as appropriate.
(21) At least one person is at the site of the transfer operation who fluently speaks the language or languages spoken by both persons in charge.
(22) The TPIC and VPIC of transfer operations have held a pre-transfer conference as required by Section 2330, subsection (b).
(23) The TPIC and VPIC of transfer operations agree when the transfer operation is to begin.
(24) If any part of the transfer operation may take place between sunset and sunrise or during periods of reduced visibility, the lighting required by Section 2365 will be provided.
(25) A transfer operation which includes collection of vapor emitted from a vessel's cargo tanks through a vapor control system not located on the vessel must have the following verified by the TPIC:
(A) Each manual valve in the vapor collection system is correctly positioned to allow the collection of cargo vapor.
(B) A vapor collection hose or arm is connected to the vessel's vapor connection.
(C) The electrical insulating device required under subsections (b) and (c) of Section 2341, is fitted between the terminal vapor connection and the vessel vapor connection.
(D) The initial loading rate and the maximum transfer rate are confirmed by the TPIC and VPIC.
(E) The maximum and minimum operating pressures at the terminal vapor connection are confirmed by the TPIC and VPIC.
(F) The barge overfill control system, if compatible with the connection to the terminal, is connected to the terminal, is tested, and is operational.
(G) The following have been performed not more than 24 hours prior to the start of the transfer operation:
1. Each alarm and automatic shutdown system has been tested and found to be operating properly; and
2. Hydrocarbon gas and oxygen analyzers have been checked for calibration by use of a span gas.
(H) Each vapor control hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapor through the hose material, and no external gouges, cuts, or slashes that penetrate any layer of hose reinforcement.
(I) The oxygen content of the tank vessel's cargo tanks, if inerted, is at or below 8 percent by volume.
(26) Fire fighting equipment required in Section 2345 is in readiness.
(27) Where required, the spill containment provisions of sections 2395 and 2396 are being complied with.
(28) The tank vessel has either of the following capabilities:
(A) The tank vessel's boilers, main engines, steering machinery and other equipment essential for maneuvering are maintained in a condition so that the tank vessel has the capability to move away from the berth within 30 minutes under its own power; or
(B) Where the tank vessel does not have the capability specified in Section 2340, subsection (c)(28)(A), appropriate tug assistance is available so that the tank vessel can be moved away from the berth within 30 minutes.
(29) Operations and practices are carried out in compliance with the following recommendations in ISGOTT:
(A) Emergency towing wires are rigged forward and aft and the ends maintained not greater than 5 feet above the water (chapter 3). (continued)