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(continued)
(B) Precautions regarding openings in superstructures are being observed (chapter 6).
(C) Precautions regarding flame screens are being observed (chapter 6).
(D) Precautions regarding unauthorized craft alongside a tank vessel or barge are being observed (chapter 6).
(E) Precautions regarding entry to pumprooms, pumproom ventilation and bilges, are being observed (chapter 2).
(30) The requirements of s 2341 to prevent electrical arcing at onshore terminals are being complied with.
(31) The tank vessel is in compliance with the ISM Code and has on board a Document of Compliance and a Safety Management Certificate. A tank vessel of a country not party to Chapter IX of SOLAS has on board current valid documentation showing that the vessel's company has a safety management system which has been audited and assessed consistent with the ISM Code.
The requirement to be certified under the ISM Code does not apply to barges.
(d) No person shall conduct an oil transfer operation unless the TPIC and VPIC have:
(1) Conducted the pre-transfer conference required under Section 2330, subsection (b);
(2) Ensured that transfer connections have been made as specified in Section 2380, subsection (d);
(3) Ensured that discharge containment equipment on the terminal and on or around the tank vessel or barge required under Sections 2380 and 2395 are in position or on stand-by, as appropriate; and
(4) Filled out and signed the Declaration of Inspection as required by Section 2335, subsection (a).
(e) No TPIC shall conduct a transfer operation with a tank vessel unless the tank vessel has either one of the capabilities of moving away from the berth within 30 minutes, as specified in Section 2340, subsection (c)(28).
(f) During all transfer operations, the TPIC shall be in attendance at the terminal.
(g) Each TPIC shall ensure that the means of operating the emergency shutdown is continually manned so that it can be activated in 30 seconds or less, as required in Section 2380, subsection (h)(5), while oil is being transferred between the terminal and the vessel.
(h) Each person conducting an oil transfer shall stop the transfer operation whenever oil from any source is discharged into the water or upon the adjoining shoreline. The transfer operation shall not resume unless authorized by the U.S. Coast Guard and the operator has complied with, or is complying with, the contingency plan approved by the Administrator for the terminal where the transfer is taking place.
(i)(1) Each person conducting a transfer operation shall stop the transfer operation whenever oil from any source is leaked onto the transfer operation work area, but not in the water, and shall not resume the transfer operation until after both of the following are completed:
(A) The oil leaked into the oil transfer work area has been cleaned up; and
(B) All necessary preventive measures have been taken to ensure that a similar leak of oil does not recur.
(2) Transfer operations need not be stopped under subsection (i) of this section if all of the following occur:
(A) The leak is directly into the small discharge containment of the terminal or the discharge containment aboard the vessel;
(B) No oil is displaced outside of the small discharge containment of the terminal or the discharge containment of the vessel; and
(C) Immediate corrective action is taken to stop the leakage of oil.
(j) Notwithstanding the provisions of subsections (h) and (i) of this section, the transfer operation may resume or may continue without interruption if both of the following occur:
(1) Continuation or resumption of the transfer operation is necessary to avoid further discharge of oil; and
(2) Both the TPIC and VPIC agree that continuation or resumption is necessary to avoid further discharge of oil.
(k) The provisions of subsections (h), (i) and (j) of this section are subject to any direction by the Administrator issued directly in response to the discharge into the water.
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 2341. Requirements to Prevent Electrical Arcing at Onshore Terminals.
(a) Insulating Flange Joint.
For the purpose of this section, an "insulating flange joint" means a typical insulating flange joint as described in Appendix D of ISGOTT or any other insulating flange that meets the electrical resistance requirements of subsection (e) of this section.
(b) Insulating Flange Joints on Metallic Cargo or Vapor Control Arms.
Each metallic cargo or vapor control arm used during a transfer operation shall be fitted with an insulating flange joint to ensure electrical discontinuity between the terminal and vessel. All metal on the vessel's side of the insulating flange joint shall be electrically continuous to the vessel and that on the terminal's side shall be electrically continuous to the terminal's grounding system.
(c) Cargo and Vapor Control Hose Connections.
Each cargo hose string or vapor control hose used during a transfer operation shall have either an insulating flange joint or a single length of non-conducting hose to ensure electrical discontinuity between the terminal and vessel. All metal on the vessel's side of the non-conducting length of hose shall be electrically continuous to the vessel and that on the terminal's side shall be electrically continuous to the terminal's grounding system.
(d) Testing of Insulating Flange Joints.
(1) The terminal operator shall test or cause to be tested each insulating flange joint by measuring the electrical resistance between the metal pipe on the terminal side of the flange joint and the end of the hose or metal arm when freely suspended. Such tests shall be conducted at intervals not exceeding three months.
(2) At terminals which conduct infrequent transfers of oil and the interval between transfers exceeds three months, the test specified in subsection (d)(1) of this section need not be conducted at intervals not exceeding three months. However, such test shall be conducted no more than 7 days prior to the connection of any metallic loading or vapor recovery arm or hose string for the purpose of transferring oil.
(3) The terminal operator shall maintain records of test dates, measured electrical resistance and name and designation of person conducting the test at the terminal for a period of at least one year from the date of testing.
(e) Insulating Flange Joints: Minimum Resistance.
No insulating flange joint whose measured electrical resistance is less than 1000 ohms shall be used in any metallic cargo or vapor recovery arm or hose string connection between the terminal and a vessel.
(f) Vessel-to-shore Electrical Bonding Cables.
No vessel-to-shore electrical bonding cables or wires shall be used for a transfer operation.
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 2345. Fire Prevention for Transfer Operations.
(a) Immediately before or on arrival at a terminal at which it is intended to conduct an oil transfer operation, fire hoses shall be connected to the tank vessel's fire main, one forward and one aft of the tank vessel's manifold. Where monitors are provided, they shall be pointed towards the manifold and be ready for immediate use.
(b) At least two type B-II portable fire extinguishers shall be placed near the manifold, one forward and one aft of the manifold.
(c) When oil is being transferred, pressure shall be maintained on the tank vessel's fire main from the tank vessel's fire pump. Where this is impracticable, the tank vessel's fire pump shall be in a standby condition and ready for immediate use. Fire mains shall be pressurized or be capable of being pressurized within 2 minutes.
(d) The vessel's fire extinguishing equipment shall be operational and ready for immediate use.
(e) No packaged cargo or vessel's stores may be transferred between the terminal and the vessel during a transfer operation unless authorized by both the TPIC and VPIC. When authorizing transfers under this subsection, the TPIC and VPIC shall consider any potential risk of fire or explosion.
(f) Blending of two or more oil products in any tank or tanks of a tank vessel or barge alongside a terminal by the introduction of pressurized air shall not be permitted.
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 2350. Unauthorized Visitors.
(a) Except for authorized agents or employees of federal, state or local governmental entities, anyone who does not have the TPIC's permission shall not be allowed access to the terminal.
(b) Except for authorized agents or employees of federal, state or local governmental entities, anyone who does not have the VPIC's permission shall not be allowed access to the vessel.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.
s 2351. Marine Terminal Physical Security Program.
Note: Authority cited: Sections 8751, 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755 and 8756, Public Resources Code.
s 2355. Warning Signs.
(a) Vessel Warning Signs.
Any vessel berthed at a terminal for the purpose of conducting a transfer operation shall display warning signs and notices indicating emergency escape routes as recommended in chapter 4 of ISGOTT.
(b) Terminal Warning Signs.
The terminal operator shall ensure that:
(1) Permanent notices and signs indicating that smoking and naked lights are prohibited are conspicuously displayed in the terminal and on the berth and similar permanent notices and signs are displayed at the entrance to the terminal area or shore approaches to the berth;
(2) In buildings and other shore locations where smoking is allowed, appropriate notices are conspicuously displayed; and
(3) Emergency escape routes from the tank vessel berth to a safe place on the shore are clearly indicated.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.
s 2360. Precautions for Performing Hot Work.
(a) Hot Work on Terminal.
No construction, repair, maintenance, dismantling or modifications of facilities which include hotwork shall be carried out at a terminal without the written permission of the terminal operator. If a tank vessel or barge is moored at the terminal, the written agreement of the Master or the VPIC, as appropriate, shall also be obtained if the work is on the berth. The person or entity performing such work shall ensure that work does not commence until written permission is obtained.
(b) Hot Work on Tank Vessel or Barge.
(1) When any repair or maintenance is to be done on board a tank vessel or barge alongside a terminal, the Master or VPIC shall inform the terminal operator. Agreement shall be reached on the safety precautions to be taken, with due regard to the nature of the work.
(2) Hot work on board a tank vessel or barge shall be prohibited unless all applicable regulations and safety requirements of the National Fire Protection Association's Standard for Fire Prevention in Use of Cutting and Welding Processes - NFPA 51B, 1994, NFPA, 1 Batterymarch Park, Quincy, MA 02269-9101 have been met.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.
s 2365. Lighting.
(a) Except as provided in subsection (c) of this section, for all transfer operations between sunset and sunrise and during times of reduced visibility, a terminal shall have fixed lighting that adequately illuminates the following:
(1) Each transfer connection point on the terminal;
(2) Each transfer connection point in use on any barge moored at the terminal to or from which oil is being transferred;
(3) Each transfer operations work area on the terminal; and
(4) Each transfer operations work area on any barge moored at the terminal to or from which oil is being transferred.
(b) Where the illumination appears to the Division to be inadequate, the Division may require verification by instrument of the levels of illumination. On a horizontal plane 3 feet above the barge deck or walking surface, illumination must measure at least:
(1) 5.0 foot candles at transfer connection points; and
(2) 1.0 foot candle in transfer operations work areas.
(c) For small remote facilities, the Division may authorize operations with an adequate level of illumination provided by the vessel or by portable means.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.
s 2370. Communications.
(a) Each terminal shall have a means that enables continuous two-way voice communication between the TPIC and the VPIC.
(b) The means required by subsection (a) of this section shall be usable and effective in all phases of the transfer operation and all conditions of weather at the terminal.
(c) A terminal may use the voice communications system for emergency shutdown specified in Section 2380, subsection (h)(6)(B), to meet the requirement of subsection (a) of this section.
(d) An alternate continuous two-way voice communication system shall be available in the event that the primary communications system is disabled.
(e) Portable radio devices used in compliance with this section shall be intrinsically safe, as defined in the Institute of Electrical and Electronics Engineers Standard Dictionary, 1984 edition, published by the Institute of Electrical and Electronics Engineers, available from the American Society of Mechanical Engineers, 22 Law Drive, Box 2300, Fairfield, New Jersey, and meet Class I, Division I, Group D requirements as defined in the National Electric Code, Article 500, 1996 edition, published by NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
(f) The means of communication shall be continuously manned during a transfer operation by a person or persons who can immediately contact the TPIC and VPIC.
(g) If the means of communications has not been used within a period of 60 minutes during a transfer operation, the means of communications shall be checked to ensure that it is operative.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code.
s 2375. Requirements for Persons in Charge.
(a) Terminal Person in Charge (TPIC).
(1) The TPIC of oil transfer operations shall have successfully complied with all of the following:
(A) A program of operations and supervisory personnel training as prescribed in 2 CCR s 2542(e);
(B) A testing and evaluation procedure to qualify for certification as prescribed in 2 CCR s 2545(f);
(C) Recertification as prescribed in 2 CCR s 2545(g), as appropriate;
(D) At least 48 hours of experience in oil transfer operations, including a minimum of 6 connections and transfers and 6 transfers and disconnects; and
(E) Sufficient experience at the terminal for the terminal operator to determine that this experience is adequate for being in charge of oil transfer equipment and procedures.
(2) The terminal operator shall ensure that each TPIC has valid documentation to authenticate that the requirements of subsections (a)(1)(A) through (E) of this section have been met.
(3) The terminal operator shall designate in writing each person authorized to serve as a TPIC and advise the Division, in writing, of his or her designation.
(4) Each TPIC shall carry evidence of their authorization to serve as a TPIC when they are engaged in transfer operations, unless such evidence is immediately available at the terminal.
(b) Vessel Person in Charge (VPIC).
(1) For the purpose of this subsection, a "PIC" means Person in Charge.
(2) The operator of a tank vessel or barge with a capacity of 250 or more barrels of oil, shall designate, in writing, a person in charge of each transfer operation.
(3) The VPIC of oil transfer operations shall have sufficient training and experience with respect to the cargo to be transferred and the relevant characteristics of the vessel or barge on which he or she is engaged, including, but not limited to, the cargo system, cargo containment system, transfer procedures, shipboard emergency equipment and procedures, control and monitoring systems, procedures for reporting pollution incidents, and, if installed, Crude Oil Washing (COW), inert gas, and vapor control systems, to conduct a transfer of oil safely. The minimum qualifications necessary to be designated as VPIC are those set forth in this Article 5 and 33 CFR 155.710.
(4) Each designated VPIC of a tank vessel documented under the laws of the United States shall:
(A) Hold a license issued under 46 CFR Part 10 authorizing service aboard a vessel certified for voyages beyond any Boundary Line described in 46 CFR Part 7, except on tank vessels not certified for voyages beyond the Boundary Line; and
(B) Hold a Tankerman-PIC endorsement issued under 46 CFR Part 13 that authorizes the holder to supervise the transfer of oil or liquid cargo in bulk.
(5) Each designated VPIC of a tank barge required to be inspected under Title 46, of the United States Code, Section 3703, shall hold a Tankerman-PIC or Tankerman-PIC (Barge) endorsement issued under 46 CFR Part 13 that authorizes the holder to supervise the transfer of oil or liquid cargo in bulk.
(6) Each designated VPIC of a foreign tank vessel shall:
(A) Hold a license or other document issued by the flag state or its authorized agent authorizing service as master, mate, pilot, engineer, or operator on that vessel;
(B) Hold a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence attesting that the VPIC meets the requirements of Chapter V of STCW as a PIC of the transfer of oil or liquid cargo in bulk;
(C) Be capable of reading, speaking, and understanding in English, or a language mutually agreed upon with the TPIC, all instructions needed to commence, conduct, and complete a transfer of oil, or a liquid cargo in bulk, except that the use of an interpreter meets this requirement if the interpreter:
1. Fluently speaks the language spoken by each PIC;
2. Is immediately available to the VPIC on the tank vessel at all times during the transfer; and
3. Is knowledgeable about, and conversant with terminology of tank vessels and transfers; and
(D) Be capable of effectively communicating with all crew members involved in the transfer, with or without an interpreter.
(7) Each designated VPIC of foreign tank barge shall:
(A) Hold a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to STCW, or other form of evidence attesting that the VPIC meets the requirements of Chapter V of STCW as a PIC of the transfer of oil;
(B) Be capable of reading, speaking, and understanding in English, or a language mutually agreed upon with the TPIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of oil or liquid cargo in bulk, except that the use of an interpreter meets this requirement if the interpreter:
1. Fluently speaks the language spoken by each PIC;
2. Is immediately available to the VPIC on the tank barge at all times during the cargo transfer; and
3. Is knowledgeable about, and conversant with terminology of, tank vessels, barges and transfers; and
(C) Be capable of effectively communicating with all crew members involved in the transfer, with or without an interpreter.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.
s 2376. Limitations on Hours of Work for Terminal Personnel.
(a) For the purpose of this section, the term "work" includes any operational or administrative duties associated with a marine terminal.
(b) Except in an emergency or a drill, no TPIC or terminal personnel engaged in transfer operations shall be permitted to work more than 16 hours in any 24 hour period, or more than 40 hours in any 72 hour period, or more than 72 hours in any period of seven consecutive days.
Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.
s 2380. Equipment Requirements: Testing and Inspections.
(a) Hose Assemblies.
(1) Each hose assembly used for transferring oil shall meet the following requirements:
(A) The minimum design burst pressure for each hose assembly shall be:
1. At least 600 pounds per square inch; and
2. At least four times the sum of the pressure of the relief valve setting (or four times the maximum pump pressure when no relief valve is installed) plus the static head pressure of the transfer system at the point where the hose is installed.
(B) The maximum allowable working pressure (MAWP) for each hose assembly shall be more than the sum of the pressure of the relief valve setting (or the maximum pump pressure when no valve is installed) plus the static head pressure of the transfer system at the point where the hose is installed.
(C) Each nonmetallic hose shall be usable for oil service.
(D) Each hose assembly shall have one of the following:
1. Full threaded connections;
2. Flanges that meet standard B16.5, Steel Pipe Flanges and Flange Fittings, 1988, or standard B16.24, Brass or Bronze Pipe Flanges, 1979, of the American National Standards Institute (ANSI), available from the American Society of Mechanical Engineers (ASME), 22 Law Drive, Box 2300, Fairfield, New Jersey 07007-2300; or
3. Quick disconnect couplings that either meet ASTM F-1122, Standard Specifications for Quick Disconnect Couplings, published in 1987 by the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187 or have been accepted by the U.S. Coast Guard.
(E) Except as provided in subsection (F) of this section, each hose shall be marked near the two ends in the vicinity of the flanges, where it can best be seen, with the following:
1. Any of the following:
a. The name of each product for which the hose may be used;
b. For oil products, the words "OIL SERVICE"; or
c. For hazardous materials, the words "HAZMAT SERVICE - SEE LIST" followed immediately by a letter, number or other symbol that corresponds to a list or chart contained in the terminal's operations manual or the vessel's transfer procedure documents which identifies the products that may be transferred through a hose bearing that symbol;
2. Maximum allowable working pressure;
3. Date of manufacture; and
4. Date of the latest annual test required by either 33 CFR 156.170 or subsection (a)(2) of this section, whichever is later. Dates of previous tests shall be obliterated.
(F) The information required by subsections (a)(1)(E)3. and (a)(1)(E)4. of this section need not be marked on the hose if it is recorded in the hose records of the terminal or vessel and the hose is marked to identify it with that information.
(G) The hose burst pressure and the pressure used for the test required by 33 CFR 156.170 shall not be marked on the hose and shall be recorded elsewhere at the terminal.
(H) Each non-conducting length of hose used for transferring oil or for vapor control at onshore terminals shall be clearly marked "NON-CONDUCTING" where it can best be seen.
(2) Each hose used for transferring oil shall be inspected, maintained, handled, stored and tested in accordance with the recommended practices in "HOSE TECHNICAL INFORMATION BULLETIN: No. IP-11-4," except that the frequency of periodic hose testing shall be in accordance with 33 CFR 156.170 and subsections (A), (B) and (C) of this section.
(A) All new hose and hose which has undergone a coupling repair shall be tested before it is placed in service.
(B) Hose assemblies subjected to severe end pull, flattening, crushing or sharp kinking shall be immediately inspected and subjected to a pressure test, and if applicable, an electrical continuity test.
(C) The following tests shall be conducted at intervals not to exceed twelve months:
1. A hydrostatic pressure test;
2. A vacuum test for hoses which have an inner tube liner; and
3. For electrically continuous lengths of hoses, an electrical continuity test which may be performed at the same time as the tests in subsection (d) of s 2341 of this Article 5.
(b) Loading Arms.
(1) Each mechanical loading arm used for transferring oil and placed into service after June 30, 1973, shall meet the design, fabrication, material, inspection, and testing requirements in American National Standards Institute (ANSI) B31.3, published in 1990 and available from the American Society of Mechanical Engineers (ASME), 22 Law Drive, Box 2300, Fairfield, New Jersey 07007-2300.
(2) The manufacturer's certification that the standard American National Standards Institute (ANSI) B31.3 has been met shall be permanently marked on the loading arm or recorded elsewhere at the terminal with the loading arm marked to identify it with that information.
(3) Each mechanical loading arm used for transferring oil shall have a means of being drained or closed before being disconnected.
(4) Each mechanical loading arm shall be marked where it can best be seen, with the following:
(A) Maximum allowable working pressure; and
(B) Date of the latest annual test required by 33 CFR 156.170; dates of previous tests shall be obliterated.
(5) Each mechanical loading arm shall have its maximum allowable lateral movement envelope limits conspicuously marked on the terminal at the position of the loading arm. The allowable extension limits of the loading arm shall also be indicated visibly.
(c) Closure Devices.
The terminal shall have sufficient blank flanges or other means acceptable to the Division to blank off the ends of each hose or loading arm that is not connected for the transfer of oil. New, unused hose is exempt from this requirement.
(d) Connection.
(1) Each person who makes a bolted connection for transfer operations shall:
(A) Use suitable material in joints and couplings to ensure a leak-free seal;
(B) Use a bolt in every hole;
(C) Use bolts of the correct size in each bolted connection; and
(D) Tighten each bolt and nut uniformly to distribute the load sufficiently and to ensure a leak free seal.
(2) A person who makes a connection for transfer operations shall not use any bolt that shows signs of strain or is elongated or deteriorated.
(3) Except as provided in subsection (4) of this section, no person may use a connection for transfer operations unless it is:
(A) A bolted or full threaded connection; or
(B) A quick disconnect coupling that either meets American Society for Testing and Materials (ASTM) F-1122, Standard Specifications for Quick Disconnect Couplings, published in 1987 by the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187 or has been accepted by the U.S. Coast Guard.
(4) No person may transfer oil to a vessel that has a fill pipe for which containment cannot practically be provided unless an automatic back pressure shutoff nozzle is used.
(e) Monitoring Devices.
Monitoring devices shall be installed and maintained at the terminal if required by the U.S. Coast Guard Captain of the Port.
(f) Small Discharge Containment.
(1) Except as provided in subsections (3) and (4) of this section, an onshore terminal shall have fixed catchments, curbing, or other fixed means to contain oil discharged at the following locations:
(A) Each hose handling and loading arm area (that area on the terminal that is within the area traversed by the free end of the hose or loading arm when moved from its normal stowed or idle position into a position for connection); and
(B) Each hose connection manifold area.
(2) The discharge containment means required by subsection (f)(1) of this section shall have a capacity of at least:
(A) Two barrels if it serves one or more hoses of 6-inch inside diameter or smaller or one or more loading arms of 6-inch nominal pipe size diameter or smaller;
(B) Three barrels if it serves one or more hoses with an inside diameter of more than 6 inches, but less than 12 inches, or one or more loading arms with a nominal pipe size diameter of more than 6 inches, but less than 12 inches; or
(C) Four barrels if it serves one or more hoses of 12-inch inside diameter or larger or one or more loading arms of 12-inch nominal pipe size diameter or larger.
(3) The terminal may use portable means of not less than 1/2 barrel capacity each to meet the requirements of subsection (f)(1) of this section for part or all of the terminal if the Division finds that fixed means to contain oil discharges are not feasible.
(4) A mobile transfer unit, may use portable means of not less than five gallons capacity to meet the requirements of subsection (f)(1) of this section, when conducting transfer operations to or from tank vessels or barges.
(g) Discharge Removal.
(1) Each onshore terminal and each mobile transfer unit shall have a means to remove discharged oil from the containment system required by subsection (f)(1) of this section safely and quickly without discharging the oil into the water.
(2) Each onshore terminal and each mobile transfer unit shall safely remove discharged oil from the containment system within one hour of the completion of any transfer.
(h) Emergency Shutdown.
(1) The terminal shall have an emergency means to shutdown and stop the flow of oil from the terminal to the tank vessel or barge.
(2) A point in the transfer system at which the emergency means stops the flow of oil on the terminal shall be located near the dock manifold connection to minimize the loss of oil in the event of the rupture or failure of the hose, loading arm, or manifold valve.
(3) For oil transfers, the means used to stop the flow under the subsection (h)(1) of this section shall stop that flow within:
(A) 60 seconds on any terminal or portion of a terminal that first transferred oil on or before November 1, 1980; and
(B) 30 seconds on any terminal that first transfers oil after November 1, 1980.
(4) The VPIC and TPIC shall each be capable of ordering or activating the emergency shutdown.
(5) If the VPIC or TPIC orders an emergency shutdown, the shutdown shall be capable of being activated and shall be activated within 30 seconds of the order.
(6) To meet the requirements of subsections (h)(4) and (5) of this section, the means to stop the flow of oil shall be either of the following:
(A) An electrical, pneumatic or mechanical linkage to the terminal; or
(B) A voice communications system continuously operated by a person on the terminal who at all times during the transfer can hear the communications and can, at any time, activate the emergency shutdown.
(i) Vapor Control Systems.
Any vapor control system at any marine terminal shall meet the following requirements of:
(A) 2 CCR ss 2550 through 2556;
(B) 33 CFR Part 154, Subpart E; and
(C) Any other state and federal regulations governing vapor control systems.
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 2381. Hose Tests.
Note: Authority cited: Sections 8755, 8756 and 8758, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756, 8757 and 8758, Public Resources Code.
s 2385. Operations Manuals.
(a) Operations Manual Requirements.
(1) No terminal may conduct transfer operations except in accordance with an operations manual approved by the Division.
(2) Operators of terminals shall maintain their operations manual so that it is:
(A) Current; and
(B) Readily available for examination by the Division.
(3) Operators of terminals shall ensure that a sufficient number of copies of their operations manual are readily available for each TPIC and VPIC while conducting a transfer operation.
(b) Letter of Intent.
(1) Any person who proposes to install a new marine terminal or proposes to assume control over the operation of an existing marine terminal shall, not less than 60 days prior to the intended assumption of operations, submit a letter of intent to operate the terminal to the Division.
(2) The letter of intent required by subsection (b)(1) of this section may be in any form, but shall at least include the following:
(A) The name, address, telephone number and facsimile number of the terminal operator;
(B) The name, address, berth number, telephone number and facsimile number (if any) of the terminal;
(C) The proposed operations manual for the terminal; and
(D) The proposed oil spill prevention training and certification programs required by 2 CCR ss 2540 through 2548.
(3) The operator of any terminal for which a letter of intent has been submitted shall, within five (5) days of any change in operations or information or a termination of use of the terminal, advise the Division in writing of the changes and shall cancel, in writing, the letter for any terminal at which transfer operations can no longer be conducted.
(c) Operations Manual: Approval.
(1) The Division shall review and, within 30 working days of receipt at the Division, approve any operations manual which meets the requirements of this section. If the Division finds that the manual does not meet the requirements of this section, then it shall notify the submitting party within 30 working days of the manual's receipt.
(2) The approval by the Division is voided if the terminal operator:
(A) Amends the operations manual without following the procedures in subsection (f) of this section; or
(B) Fails to amend the operations manual when required by the Division.
(3) Any terminal operator whose operations manual has been disapproved by the Division may appeal the disapproval to the Commission, provided that the appeal is submitted in writing to the Commission Executive Officer within 30 days after the operator receives notice of the disapproval.
(d) Operations Manuals: Contents.
(1) Each operations manual required by this section shall:
(A) Describe how the applicant meets the operating rules and equipment requirements specified in this article and in 33 CFR Parts 154 and 156, Subpart A; and
(B) Describe the responsibilities of personnel under this section and under 33 CFR Parts 154 and 156, Subpart A, in conducting oil transfer operations.
(2) Each operations manual required by this section shall contain all of the following:
(A) Maps and diagrams showing the location and configuration of the terminal, including, at minimum, the following:
1. Scale and direction;
2. A point on the map with its latitude and longitude taken with a geographic positioning system, with differential correction;
3. A site plan of the major structural components of the current facility, including, but not limited to, piers, mooring structures, buoys, manifolds, mechanical loading arms, pipelines, and pipeline end manifolds (PLEMs);
4. The location of the general and emergency shutdown system controls;
5. Locations of any environmental and discharge monitoring devices;
6. Storage locations for pollution containment equipment including those deployed during transfer operations;
7. Configuration of boom containment and arrangements for boom stand-off for each type of transfer operation that takes place at the terminal;
8. Location and type of fire extinguishing, first aid and other safety equipment;
9. Location of facilities used for personnel shelter, if any;
10. Locations of environmentally sensitive areas in the immediate vicinity of the terminal, if any;
11. Where applicable the locations of special shut-off valves and other safety equipment to be used in cases of earthquakes;
12. Locations of sump wells, if any, at or in the vicinity of the terminal;
13. Emergency exit routes for personnel; and
14. Bathymetry and sea floor characteristics;
(B) A physical description of the terminal including a plan of the terminal showing mooring areas, transfer locations, control stations, and locations of safety equipment;
(C) The hours of operation of the terminal;
(D) The sizes, including the maximum size of tank vessel or barge that can be accommodated at the terminal, types, and number of tank vessels and barges to and from which the terminal can transfer oil at any time. The maximum tank vessel size shall be specified by its:
1. Length Overall;
2. Maximum or Loaded Draft; and
3. Deadweight Tonnage (DWT).
(E) For each product transferred at the terminal:
1. Generic or chemical name; and
2. The following cargo information:
a. The name of the cargo, as listed under Appendix II of Annex II of MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 151.05-1, or Table 1 of 46 CFR 153;
b. A description of the appearance of the cargo;
c. A description of the odor of the cargo;
d. The hazards involved in handling the cargo;
e. Instructions for safe handling of the cargo;
f. The procedures to be followed if the cargo spills or leaks or if a person is exposed to the cargo; and
g. A list of fire fighting procedures and extinguishing agents effective with fires involving the cargo.
(F) The minimum number of persons on duty during transfer operations and their duties;
(G) The names and telephone numbers of the terminal operator or operators, U.S. Coast Guard, California State Office of Emergency Services, and other personnel who may be called by the employees of the terminal in an emergency;
(H) A description of each communication system required by Section 2370 of these regulations;
(I) A description of the facilities and the location of each personnel shelter, if any;
(J) A description and instructions for the use of drip and discharge collection, and vessel slop reception facilities, if any;
(K) A description of and instructions for seep monitoring from sump wells, if any;
(L) A description of the operation of and the component location of each emergency shutdown system;
(M) Quantity, types, locations, and instructions for use of oil discharge monitoring devices, if any;
(N) Quantity, type, location, instructions for use, and time required for gaining access to and deployment of initial response containment equipment;
(O) A description of the spill containment for transfer operations required under Section 2395 and, if applicable, the basis used for determining that the onshore marine terminal is subject to high velocity currents as defined in Section 2395, subsection (b)(3);
(P) Quantity, type, location and instructions for uses of fire extinguishing equipment required by federal, state and local fire prevention regulations;
(Q) The maximum relief valve setting or, where relief valves are not provided, maximum system pressure for each transfer system and the method used to determine that pressure;
(R) Procedures for:
1. Operating each mechanical loading arm including the limitations of each loading arm;
2. Transferring oil;
3. Completion of pumping;
4. Emergencies; and
5. Notifying the Division of damage as required by subsection (e) of s 2325 of this Article 5.
(S) Procedures for reporting and initially containing oil discharges;
(T) A brief summary of applicable federal, state, and local oil pollution laws and regulations;
(U) Procedures for shielding portable lighting authorized by the Division under Section 2365;
(V) A description of the training and qualification program for TPIC's;
(W) A list of all designated TPIC's for the terminal;
(X) Statements explaining that each oil or hazardous materials transfer hose is marked either with the name of each product which may be transferred through the hose; with the words, "OIL SERVICE"; or with letters, number or other symbols representing all such products and the location in the operations manual where a chart or list of the symbols used and a list of the compatible products which may be transferred through the hose can be found for consultation before each transfer; and
(Y) A list and brief description of all operating restrictions placed upon the terminal by federal, state or local authorities with proper jurisdiction.
(3) If a terminal collects vapors emitted from vessel cargo tanks for recovery, destruction, or dispersion, the operations manual shall contain a description of the vapor control system at the terminal which includes the following:
(A) A line diagram or simplified piping and instrumentation diagram (P&ID) of the terminal's vapor control system piping, including the location of each valve, control device, pressure-vacuum relief valve, pressure indicator, flame arrester and detonation arrester; and
(B) A description of the vapor control system's design and operation, including:
1. The vapor line connection;
2. Startup and shutdown procedures;
3. Steady state operating procedures;
4. Provisions for dealing with pyrophoric sulfide (for facilities which handle inerted vapors of cargos containing sulfur);
5. Alarms, shutdown devices and Safety Analysis Function Evaluation (SAFE) chart as prescribed in Recommended Practice 14C, Fourth Edition, published on September 1, 1986, by the American Petroleum Institute (API), Publications and Distribution Section, 1220 L Street, NW, Washington, DC 20005; and;
6. Pre-transfer equipment inspection requirements.
(4) Each operations manual shall also contain an electrical hazardous (classified) area diagram of the current terminal, as described in National Fire Protection Association (NFPA) No. 70, National Electrical Code, Articles 500 and 515, 1996 edition, published by NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101. This diagram need not be bound with the operations manual, but must be located at the terminal. Copies of the operations manual submitted to the Division under subsection (a)(3)(B) of section 2385 need not contain the diagram.
(5) For ease of amendment, the terminal's operations manual shall be contained in a binder which allows easy replacement of pages. The terminal operator shall incorporate a dated copy of each amendment to the operations manual under subsection (f) of this section in each copy of the manual with the related existing requirement or add the amendment at the end of each manual if not related to an existing requirement. Language in the manual which no longer applies shall be removed from the manual.
(6) The operations manual shall be written in the order specified in subsections (d)(2) and (d)(3) of this section or contain a cross-referenced index page in that order.
(e) Operations Manual; Offshore Terminals.
(1) Each operations manual for an offshore marine terminal shall contain all applicable provisions of subsection (d) of this section and shall also include at least the following:
(A) Calculations with supporting data and other documentation to show that the charted water depth at each berth of the terminal is sufficient to provide at least a 6-foot net underkeel clearance at all times and under all conditions for each tank vessel or barge that the terminal expects to be moored at the terminal.
(B) A description of prevailing currents, tides, winds and other weather conditions most commonly experienced at the terminal and a description of the monitoring equipment, if any, employed at the terminal which relays information about wind, wave and current conditions at the terminal.
(C) A description of specific limiting wind, wave, current and meteorological conditions under which each of the following will occur:
1. Oil transfer operations will be shut down;
2. Departure of the tank vessel or barge from the mooring will be required; and
3. Mooring operations will be prohibited.
(D) A description of the navigational aids, if any, provide for approach to the berth and times of operation;
(E) A description of mooring support vessels duties and services;
(F) A detailed description of mooring and unmooring maneuvers with supporting graphical illustrations for each berth of the terminal;
(G) A description of the duties and responsibilities of mooring masters and assistant mooring masters including the numbers of such personnel that will be in attendance at mooring, unmooring or cargo transfer operations; and
(H) A description of each of the tugs available in compliance with Section 2390, subsection (b), including, at least, the following:
1. Bollard pull; and
2. Towing and pushing arrangements.
(2) The additional provisions required by subsection (e)(1) of this section may be incorporated under appropriate existing headings of the operations manual or may be added to the end of the manual.
(f) Operations Manual: Amendment.
(1) Using the following proceedings, the Division may require the terminal operator to amend the operations manual if the Division finds that the operations manual does not meet the requirements of this section:
(A) The Division shall notify the terminal operator in writing of any inadequacies in the operations manual within 30 days of receipt of the manual.
(B) The terminal operator may submit written information, views, and arguments on and proposals for amending the manual within 30 days from the date of the Division notice.
(C) After considering all relevant materials presented, the Division shall, within 30 days of receipt of the material submitted under subsection (f)(1)(B) of this section, notify the terminal operator of any amendment required or adopted, or rescind the notice.
(2) The amendment becomes effective 30 days after the terminal operator receives the Division's notice, unless the terminal operator petitions the Division Chief to review the Division's notice, in which case its effective date is delayed pending a decision by the Division Chief. Petitions to the Division shall be submitted in writing.
(3) If the Division finds that there is a condition requiring immediate action to prevent the discharge or risk of discharge of oil that makes the procedure in subsection (f)(1) of this section impractical or contrary to the public interest, the Division may issue an amendment effective on the date the terminal operator receives notice of it. In such a case, the Division shall include a brief statement of the reasons for the findings in the notice. The owner or operator may petition the Division Chief to review the amendment, but the petition shall not delay the amendment.
(4) The terminal operator may propose amendments to the operations manual by submitting any proposed amendments in writing to the Division.
(5) The proposed amendment shall take effect upon approval by the Division or, if the Division takes no action within 30 days of its receipt, then at the end of that period. If the operator requests that immediate action be taken, the Division may provide immediate approval if it determines that circumstances warrant it, provided that such approval is conditioned upon subsequent review within 30 days of receipt of the proposed amendment.
(6) The Division shall respond to proposed amendments submitted under subsection (f)(4) of this section by:
(A) Approving or disapproving the proposed amendments;
(B) Advising the terminal operator whether the request is approved, in writing;
(C) Including any reasons in the written response if the request is disapproved; and
(D) If the request is made under subsection (f)(5) of this section, immediately approving or rejecting the request.
(7) Amendments which do not affect compliance with the requirements of this article, such as amendments to personnel and telephone number lists required by subsection (d)(2)(G) of this section do not require prior Division approval, but the Division shall be advised of such amendments as they occur.
Note: Authority cited: Sections 8750, 8751, 8755, and 8758, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8757, and 8758, Public Resources Code.
s 2390. Additional Requirements at Offshore Terminals.
(a) Applicability.
The provisions of Section 2390, shall apply only at offshore terminals.
(b) Tug Requirements.
(1) During every mooring and unmooring operation, a tug or tugs shall be available and standing by in readiness to assist the tank vessel. The tug or tugs shall have bollard pull sufficient to assist the tank vessel.
(2) At all times during a transfer operation a tug or tugs shall be available to the barge. The tug or tugs shall have bollard pull sufficient to assist the barge.
(c) Mooring Masters.
(1) For the purpose of this section, a "mooring master" means a person who holds a valid U.S. Coast Guard issued license as Master or Mate and an endorsement as First Class Pilot for the area at which the terminal is located.
(2) A mooring master shall be aboard every tank vessel or barge for every mooring and unmooring operation at that terminal.
(d) Assistant Mooring Master.
(1) For the purpose of this section, an "assistant mooring master" means a person who holds a valid U.S. Coast Guard issued license as Master or Mate and has experience in mooring and unmooring operations at that terminal. This person shall not be a member of the vessel's crew.
(2) In addition to the requirement in subsection (c)(2) of this section, an assistant mooring master shall be aboard the tank vessel for every mooring and unmooring operation at that terminal.
(e) Diver Inspection of Submarine Hose.
Each terminal operator shall ensure that a diver inspection of any submerged hose string to be used has been conducted prior to everyhookup if: (continued)