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(continued)
(3) the vessel owner/operator must notify the terminal owner/operator of any change in the approval status not reflected by the letter on file at that terminal; and
(4) the owner/operator of the vessel must certify that a complete copy of the response manual for that vessel is on board the vessel.
(c) Responsibility for initial notification of a spill that occurs during transfer operations will be determined as part of the pre-transfer agreement made between the vessel and the facility. This agreement should specify who will be responsible for notification of the appropriate state and federal agencies. After an initial notification is complete, the responsible party shall activate its oil spill contingency plan as necessary to effect response and cleanup procedures. If the responsible party can not be immediately identified, the pre-transfer agreement should specify which party will activate their oil spill response plan until a responsible party can be determined by the State Incident Commander or the Federal On-Scene Coordinator through the Unified Command.
(d) Each plan shall provide for the best achievable protection of coastal and marine resources and shall ensure that all areas addressed by the plan are at all times protected by prevention, response, containment and cleanup equipment and operations.
(e) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Oil & Hazardous Substances Pollution Contingency Plan, or the applicable Federal Area Contingency Plans.
(f) Nothing in these regulations shall, in any manner or respect, impair or limit the authority of the California Coastal Commission to review federal activities, federal development projects, or federally-permitted or licensed activities, as authorized pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C., Section 1451 et seq.). Nor shall these regulations impair or limit the authority of the California Coastal Commission to ensure such activities or projects are performed in a manner that is consistent, to the extent required by applicable law, with the enforceable policies of the California Coastal Management Program.
(g) All plans must be written in English, and for vessel plans, if applicable, the response manual portion shall also be in a language that is understood by the crew members responsible for carrying out the plan.


Note: Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.30, Government Code.

s 816. Plan Submittal, Review and Approval.


s 816.01. Plan Submittal.
(a) Plans
Unless otherwise exempt, each owner/operator of a vessel or marine facility shall prepare and submit an oil spill contingency plan for that vessel or facility. The plan may be specific to an individual facility or vessel or may be composed as follows:
(1) Marine Facility Blanket Plans
(A) Blanket contingency plans may be submitted for marine facilities that are substantially similar to one another based on the criteria in this subsection. The owner/operator must request approval for the use of a blanket plan prior to submitting the plan to the Administrator. The request must include a justification for the use of a blanket plan based on the criteria outlined in this subsection.
(B) The Administrator shall determine whether a blanket plan is appropriate for any given group of marine facilities. In order to utilize a blanket plan, each marine facility covered by the blanket must demonstrate the following:
1. each facility must be substantially similar in layout and design, or must be an integral part of another facility, such as the pipeline connecting a platform to a shoreside facility;
2. each facility must handle the same products;
3. the risk and hazard analysis for each facility must show substantially similar risks of a spill, and similar sites of potential leakage or spills;
4. the response equipment and personnel must be able to respond to any and all of the covered marine facilities in the same or essentially the same amount of time;
5. any spill from any of the marine facilities must pose similar risks in the same or essentially the same geographical region, including risks to the same environmentally sensitive areas; and
6. The prevention measures as specified in Subsections 817.02.(c) or 817.03(c) must be substantially the same for each facility.
(C) A separate appendix for each marine facility covered by the Blanket Plan must be included as an attachment to the plan.
(2) Vessel Fleet Plans
Fleet contingency plans may be submitted by an owner/operator that has a number of vessels that transit the same or substantially the same routes in California marine waters.
(A) All prevention and response elements required pursuant to Sections 818.02 or 818.03 must be the same for the vessels included in the Fleet Plan.
(B) A separate appendix for each vessel covered by the Fleet Plan must be included as an attachment to the plan.
(3) Substitute Plans
(A) Plans of other Federal and State Agencies
Any plan, or appropriate section thereof, submitted to the Federal Environmental Protection Agency, the Minerals Management Service, the Coast Guard, the Department of Transportation - Research and Special Programs Administration, the California State Lands Commission, the California Coastal Commission, other states, or other appropriate agencies may be submitted in substitution for all or part of the plan required under this section. This substitution may include documents submitted in compliance with the International Safety Management (ISM) Code. Any information required by this subchapter that is not included in the substitute plan must be submitted as an appendix to that plan. The Administrator will determine if the use of a substitute plan is appropriate prior to final plan approval.
(B) Regional Response Plans
1. An oil spill contingency plan for a specific geographic region may be prepared and submitted for use by the marine facilities or vessels in that region. Such a plan must specify which of the required elements in Sections 817.02 or 817.03 for facilities, or Sections 818.02 or 818.03 for vessels will be included in the regional plan.
2. A marine facility or vessel owner/operator within the geographic region covered by the regional plan may contract for use of that plan in substitution for all or part of the contingency plan required by this subchapter. Any additional requirements not included in the regional plan must be submitted as an appendix to the regional plan.
3. The Administrator shall determine when all or part of a regional plan is appropriate for a given area. The plan holder must request approval from the Administrator before submitting a regional contingency plan.
(4) Absent such an approved regional response plan, the applicable ACP may be used for this purpose.
(C) Rated OSRO:
An OSRO Rating Letter will be issued for the equipment, personnel, and services which may be provided to the owner/operator of a marine facility or tank vessel or nontank vessel. A copy of the Rating letter may be submitted in substitution for all or part of the response elements required under Sections 817.02, 817.03, 818.02 or 818.03.
1. An OSRO Rating does not guarantee the performance of an OSRO, nor does the use of an OSPR-Rated OSRO in a contingency plan relieve the plan holders of their ultimate statutory and regulatory responsibility to ensure the adequacy of the spill response resources identified in their contingency plan.
(b) Timeframes:
(1) Plans shall be submitted to the Administrator by April 1, 1994.
(2) Any marine facility that first begins operating after the due date for initial plan submittal shall submit a plan that is received by OSPR at least 180 days prior to the beginning of operations.
(3) Any vessel that first begins operating in California marine waters after the due date for initial plan submittal shall submit a plan that is received by OSPR at least 5 working days prior to entering California marine waters.
(c) Receiving Agencies:
(1) One copy of the plan for each marine facility and each vessel shall be delivered to the Planning Branch of the Office of Spill Prevention and Response of the Department of Fish and Game. Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office, upon request.
(2) Two copies of the plan for each marine facility shall be delivered by the plan holder to the California State Lands Commission.
(3) Within two working days of a request from the Administrator, additional copies shall be mailed by the plan holder to other member agencies of the State Interagency Oil Spill Committee and the State Oil Spill Technical Advisory Committee.
(4) Any additional copies shall be submitted within 2 working days of a request by the Administrator.
(5) In addition to the original hard copy of the contingency plan, a copy may be provided to OSPR on electronic media, in a format approved by the Administrator.
(d) Confidentiality
(1) A plan holder may request that proprietary information be kept confidential. Such a request must include justification for designating the information as confidential. The Administrator will make a determination regarding that information which may be considered confidential and removed from any copy of the plan that is made available for public review.
(A) A plan holder may also request that any reports, or studies prepared or submitted under any contingency plan requirements be designated as proprietary information. Such a request must include justification for designating the report or study, such as drill reports or any background information developed for the risk and hazard analysis, as confidential.
(2) Any information designated as confidential must be clearly identified as proprietary.
(3) If a plan holder designates information as confidential, two different copies of the plan must be submitted as follows:
(A) one copy must contain the confidential information. This plan will be utilized by the Administrator in the review and approval process;
(B) one copy must be submitted with the confidential information removed. This copy will be available for public review. This plan must contain sufficient information in place of the confidential information so that any individual reviewing the plan will understand all the notification, prevention and response elements of the plan.
(C) Any plan submitted to any state agency, as required by this section, must include all confidential information.


Note: Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30, 8670.31 and 8670.36, Government Code.

s 816.02. Plan Format.
Each plan shall be organized into separate volumes: a response manual and a principal volume or volumes with related appendices. The format for each is outlined below:
(a) Response Manual
A simplified response manual suitable for on-scene use in the event of a spill which summarizes key notification information and the initial response actions specified in the plan shall be prepared and submitted with each plan.
(1) The response manual is a subset of the information provided in the principal volume of the plan.
(2) The information contained in the response manual shall be sufficient to direct on-scene response personnel through the first 24 hours of a response.
(b) Principal Volume of the Plan
(1) The principal volume shall include all the required information including a summary of the conclusions of all studies, calculations and analyses.
(2) The principal volume of each plan shall be organized to facilitate access to information, and shall include:
(A) a detailed table of contents with chapters arranged, to the extent possible, in the same order in which the requirement for that information appears in Sections 817.02 and 817.03 for marine facilities, or Sections 818.02 and 818.03 for vessels;
(B) a system of numbered chapters, sections and appendices;
(C) index tabs for locating plan chapters;
(D) a log sheet placed in the front of the plan for recording all amendments and updates; and
(E) amendments and updates that are consecutively numbered and dated.
(3) Each plan shall be submitted in an 8 1/2 by 11 inch binder, in a loose-leaf format to allow replacement of chapter or appendix pages without requiring replacement of the entire plan. Amendments and updates shall be hole-punched and in a format that will fit the binder that was submitted with the plan.
(4) If a fleet, blanket or regional plan is used, the principal volume of the plan will include all the information generic to all the marine facilities or vessels covered by the plan.
(c) Appendices
(1) Vessel-Specific Appendix
If a fleet or regional plan is used, each plan must include an appendix for each vessel covered by the plan. The vessel-specific appendix must provide the descriptive information regarding layout and design unique to that vessel.
(2) Marine Facility-Specific Appendix
If a blanket or regional plan is used each plan must include an appendix for each marine facility covered by the plan. The facility-specific appendix must address all the required information unique to that facility.
(3) Geographic-Specific Appendix to Vessel Plans
Each vessel plan must include an appendix to address the geographic- specific elements along the vessel's normal routes of travel. This appendix must include:
(A) all required notification information for each Geographic Region in which the vessel operates;
(B) identification of the oil spill response organizations to be used in each of the six Geographic Regions, as defined in Chapter 1, Section 790 of this subdivision, along the vessel's normal routes of travel; and
(C) a copy of the written contract or other approved means (as defined in Section 815.05(b) of this subchapter) that will verify that the oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill.
(d) Substitute Plans
If a substitute plan is submitted, such as a plan prepared for the State Lands Commission, the Minerals Management Service, or the United States Coast Guard, the following must also be submitted:
(1) a listing of all the elements of the individual vessel or marine facility's contingency plan that will be replaced by elements in the substitute plan, with an index specifying the location of the required elements, by regulation section, within the substitute plan;
(2) any required prevention or response element not included in the substitute plan must be submitted as an appendix to the substitute plan; and
(3) a copy of the response manual required by this section.
(e) Wallet-Sized Card/Posted Information
The immediate response and notification information shall be summarized on a wallet-sized card, or on a poster located in a conspicuous place. This information shall include the names and telephone numbers of the individuals, agencies and organizations who must be immediately notified when a spill occurs. A copy of the card or poster shall be submitted with the plan.


Note: Authority cited: Section 8670.28, Government Code. Reference: Section 8670.28, Government Code.

s 816.03. Plan Review and Approval.
(a) Timeframes
(1) Each Plan shall be approved or denied within 180 days after receipt by the Administrator.
(2) Any state agency or committee that reviews the contingency plans shall submit any comments to the Administrator within 60 days of receipt of the plan by the agency or committee.
(3) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If it is determined that a plan is inadequate a written explanation of deficiencies, and, if practicable, suggested modifications or alternatives shall be sent to the plan holder.
(4) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section.
(b) Determination of Adequacy
(1) A plan will be determined to be adequate if it provides for the best achievable protection of coastal and marine resources and meets the requirements of this subchapter. To be approved, the plan must also demonstrate that each owner/operator maintains a level of readiness that will allow for effective implementation of the plan.
(2) To be determined adequate, each plan shall provide for all of the following:
(A) Prevention Measures:
1. for marine facilities, all prevention measures to reduce or eliminate the hazards that could result in an oil spill as identified in the Risk and Hazard Analysis;
a2. for vessels, all prevention measures to reduce the possibility of an oil spill occurring as a result of allisions, collisions, groundings, explosions or operator error;
(B) immediate notification and mobilization of response resources upon the discovery of a spill;
(C) procedures for deployment and delivery of response equipment and personnel within the timeframes specified in Sections 817.02 and 817.03 for marine facilities or Sections 818.02 and 818.03 for vessels;
(D) procedures to assure protection of the environment from oil spills;
(E) procedures for timely and adequate cleanup of all spills, up to and including the reasonable worst case spill;
(F) identification of response equipment, and the call-out procedures to acquire that equipment, to respond to any spill over and above the reasonable worst case spill, in a timely and efficient manner.
(G) all other prevention and response measures specified in Sections 817.02 and 817.03 for marine facilities and Sections 818.02 and 818.03 for vessels.
(3) In assessing the adequacy of a plan the Administrator shall consider:
(A) the volume and types of oil addressed by the plan;
(B) the history and circumstances of prior spills from the vessel, marine facility, small marine fueling facility, or vessel carrying oil as secondary cargo;
(C) existing operating hazards;
(D) the sensitivity and value of the natural, cultural and commercial resources of the geographic area encompassed by the plan;
(E) the spill prevention, notification and response measures addressed in the plan; and
(F) the site-specific characteristics of a marine facility that could affect response and cleanup operations, including: local topography, prevailing winds, current speed and direction, tidal fluctuations, and access to the potential spill sites; or
(G) the area-specific characteristics along a vessel's normal routes of travel that could affect response and cleanup operations, including: prevailing winds, current speed and direction, tidal fluctuations, and access to the potential spill response sites.
(4) Prior to considering a plan for approval, the Administrator may make an on-site inspection and require a drill of all or part of any contingency plan submitted in order to determine the plan's adequacy.
(c) Public Review and Comment
Contingency plans will be made available for review by any interested member of the general public at a designated location.
(1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the offices of OSPR. Copies of the plans will be provided at the cost of duplication.
(2) Any interested person may review a plan and submit written comments prior to the Administrator's approval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's approval process. No comments will be accepted after final approval.
(d) Plan Approval
(1) A plan for a marine facility shall be approved if it addresses all the elements specified in Sections 817.02 or 817.03 as appropriate, and complies with the adequacy criteria enumerated in this section.
(2) A plan for a vessel shall be approved if it addresses all the elements specified in Sections 818.02 or 818.03 as appropriate, and complies with the adequacy criteria enumerated in this section.
(3) Any revised plan submitted by an owner/operator in response to a notification of inadequacy shall be considered approved unless otherwise notified by the Administrator within the timeframes established in Section 816.03(a).
(4) Any comments submitted by other agencies or interested parties shall be considered when approving or disapproving the plan.
(5) The plan holder shall be notified when a plan has been approved. A Letter of Approval will be issued by the Administrator and will describe the conditions of approval, if any, and specify the expiration date of the Letter of Approval.
(6) A plan will be considered to be effective upon submittal unless and until the owner/operator is notified that the plan is inadequate. Exceptions to this requirement will be considered by the Administrator on a case-by-case basis.
(e) Conditional Approval
A plan may be approved conditionally if there is a minor deficiency in one or more of the requisite elements.
(1) The plan holder shall be notified of conditional approval. Such notice shall include a description of any deficiencies in the plan.
(A) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new plan, a modified plan, or corrections to the noted deficiencies. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section.
(2) Conditional approval may require the vessel or marine facility to operate with specific precautionary measures until the deficient components are resubmitted and approved.
(A) Precautionary measures may include, but are not limited to: reducing oil transfer rates, increasing personnel levels or training requirements, restricting operations to daylight hours, or increasing availability of response equipment.
(B) Failure to comply with the conditional requirements in a timely manner will result in the revocation of conditional approval status.
(f) Denial or Revocation of Plan
(1) Approval shall be denied or revoked if a plan does not comply with the criteria set forth in this Section (816.03).
(2) If approval is denied or revoked, the Administrator shall notify the plan holder in writing of the reasons for denial or revocation and provide an explanation of those actions necessary to secure approval.
(A) The plan holder shall have 90 days to submit a new or revised plan that incorporates the recommended changes.
(B) Failure to gain approval after the second submission may be determined to be a violation of this subchapter.
(3) Upon determination of a violation the Administrator may order a vessel or marine facility to discontinue operations until a plan for that vessel or facility has been approved.
(g) Appeals
The plan holder may appeal a decision made by the Administrator regarding the contingency plan in accordance with the following provisions:
(1) the plan holder may submit a written request for reconsideration to the Administrator regarding any decision of conditional approval, denial, revocation of approval, or a request for exemption. Requests must be submitted within 15 calendar days from the date the plan holder receives notice that approval of the plan has been denied. The request must contain the basis for the reconsideration and, if available, provide evidence which rebuts the basis for the Administrator's decision regarding the plan;
(2) within 15 calendar days following the receipt of the request for reconsideration, the plan holder will either be sent a notice that the Administrator shall adhere to the earlier decision or that the decision has been rescinded;
(3) the plan holder may, within 15 days after receipt of notice that reconsideration has been denied, request a hearing in writing. No such hearing may be requested unless and until all remedies pursuant to this section have been exhausted. The Administrator shall conduct a reconsideration hearing upon request;
(4) the proceedings and hearings under this section shall be conducted in accordance with Chapter 4.5 (commencing with Section 11400) of Part I of Division 3 of Title 2 of the Government Code, including the right of judicial review as provided for in Section 11460.80 of the Government Code.
(h) Proof of Approval
(1) Marine Facilities
The marine facility plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the approved contingency plan. The approval letter shall be presented upon request to any representative of the Administrator.
(2) Vessels
The vessel plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the response manual. The approval letter shall be presented upon request to any official representing the Administrator, or to the operator of a marine facility prior to an oil transfer.
(i) Liability
Approval of a plan does not constitute an express assurance regarding the adequacy of the plan in the event of a spill nor does it constitute a defense to liability on the part of the operator or owner.
(j) Coastal Protection Review
(1) Within one year of the adoption of this section, and within 18 months of subsequent updates, the Administrator shall conduct a comprehensive review of all the oil spill contingency plans for vessels and marine facilities.
(2) The comprehensive review shall be conducted to assure that the plans, as a whole, provide the best achievable protection of coastal resources. Each plan will be reviewed in conjunction with all the plans submitted by vessels and marine facilities located in or using the same geographical region. The Geographic Regions to be used for the review of overall coastal protection are defined in Chapter 1, Section 790 of this subdivision.
(3) The Administrator shall evaluate the contingency plans for each geographical region to determine if deficiencies exist in equipment, personnel, training and other elements determined to be necessary to ensure the best achievable protection for that region.
(4) If deficiencies are found to exist in overall protection, the Administrator shall remand any contingency plans to the plan holder with recommendations for any amendments necessary to adequately protect coastal resources in that geographical region. Any plans returned for amendment shall be processed according to the procedures for initial submittal, review and approval of the contingency plan.


Note: Authority cited: Sections 8670.19, 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.31, Government Code.

s 816.04. Plan Implementation and Use.
(a) Availability
(1) Marine Facility Plans
(A) A complete copy of the marine facility's approved plan must be maintained on-site if the facility is staffed, or at the nearest field office if the facility is not staffed.
(B) A copy of the response manual must be maintained at all sites covered by the plan.
(C) Response manuals for pipeline facilities shall be maintained at all sites covered by the plan or where operations and maintenance activities are conducted.
(2) Vessel Plans
(A) A complete copy of the vessel's contingency plan, including the response manual, must be maintained by the owner/operator.
(B) A complete copy of the vessel's approved response manual must be maintained on board the vessel at all times.
(3) The plan, or response manual, whichever is required, must be in a central location accessible to key response personnel at all times.
(4) A complete copy of the contingency plan, including the response manual, must be maintained by the Qualified Individual and available for use in the event of an incident.
(5) A complete copy of the contingency plan, including the response manual, must be maintained by the owner/operator and made available for review and inspection by all relevant state agencies upon request.
(6) Immediate Notification Information
(A) The wallet-sized card with the summary of immediate response and notification information shall be carried by all appropriate personnel while on duty; or
(B) The immediate response and notification information that is summarized on the wallet-sized card, shall be posted in a conspicuous location with access to a telephone, or other similar means of communication.
(b) Implementation
(1) Each plan shall be effective upon submittal. Any element of the plan that can not be implemented upon submittal must be covered by a timetable for implementation. Elements included in the timetable may include such items as the purchase of equipment, or the implementation of specific prevention measures. The timetable must also include an explanation for the delay, and provide for full implementation within six months of plan submittal, unless an extension is authorized by the Administrator.
(2) The owner/operator must implement the plan according to any timetable submitted as part of the plan.
(3) An owner/operator, or any of his/her agents and employees shall use and implement the effective plan in the event of an oil spill or an oil spill drill.
(4) Any deviation from any major element of the contingency plan must be approved by the Administrator in advance of the change. A major element is one that will affect timely and adequate oil spill response.
(5) All involved parties, as defined, shall carry out whatever direction is given by the Administrator in connection with the response, containment, and cleanup of a spill. A responsible party or potentially responsible party(party) may refuse to accept a directive from the Administrator if:
(A) the directions of the Administrator are in direct conflict with directions from the Coast Guard; and/or
(B) the party reasonably, and in good faith, believes that the directions or orders given by the Administrator will substantially endanger the public safety or the environment.
(6) If a party refuses to accept the directive of the Administrator, the party shall state the reason why they have refused at the time of refusal, and:
(A) the party that has refused a directive shall follow up a verbal explanation of their refusal with a written notice to the Administrator explaining in full the reason(s) for refusing the directive. The written notice must be submitted within 48 hours of the refusal;
(B) the burden of proof shall be on the party to demonstrate, by clear and convincing evidence, why refusal to follow orders was justified.
(7) Failure to implement the plan appropriately shall constitute a violation of this subchapter.
(c) Coordination With Other Plans
(1) Each plan shall be consistent with the State Oil Spill Contingency Plan and not in conflict with the National Oil & Hazardous Substances Pollution Contingency Plan.
(2) Beginning with the first review and resubmission, each plan submitted shall be consistent with the appropriate Area Contingency Plan(s) completed by the Coast Guard, State Agencies, and Local Governments as required by the Oil Pollution Act of 1990 that are in effect on January 15 of the year in which the contingency plan update is required.


Note: Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.27, 8670.28, 8670.28.5, 8670.29, 8670.30(a)(2) and 8670.57-8670.69.6, Government Code.

s 816.05. Plan Updates.
(a) Timeframes
(1) Update and Review
(A) All plans shall be resubmitted for review on April 1, 1996, and on April 1, 1998, and then at least once every 5 years thereafter. The subsequent resubmittal filing dates shall conform to the date set for United States Coast Guard response plan filing, under the Oil Pollution Act of 1990 (OPA-90) (Pub. L. 101-380).
1. A complete new plan must be resubmitted for the update and review only if there have been changes to the plan since the last submittal. If the plan has not changed, or the relevant Area Plan has not been amended, the owner/operator may submit a letter to the Administrator stating that the plan currently on file with the OSPR is up-to-date and complete.
(B) The Administrator may require earlier or more frequent resubmission than that required in subparagraph (A). The owner/operator shall be notified in writing if an earlier update is required. The notice shall include an explanation for the reasons for the update. The circumstances that would warrant an earlier review or update include, but are not limited to, the following:
1. a change in regulations;
2. the development of new oil spill response technologies as determined by the Administrator during any review of Response Capability Standards;
3. deficiencies identified in the Administrator's review of all the oil spill contingency plans as part of the Coastal Protection Review;
4. an increased need to protect plant and wildlife habitat;
5. an oil spill;
6. an oil spill drill;
7. significant changes to the vessel or marine facility; and
8. any other situation deemed appropriate by the Administrator.
(2) Unscheduled Updates
(A) The Administrator shall be notified as soon as possible, but at least within 24 hours, of any significant change or update to an approved plan.
1. A significant change is one that could affect timely and adequate oil spill response.
2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures.
3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and cleanup.
(b) Review and Approval of Plan Updates
(1) The Administrator may deny approval of a resubmitted plan, or updated section(s) of a plan if it is no longer adequate according to the adopted regulations and policies in effect at the time of resubmission.
(2) The review will be processed in accordance with the same timeframes and procedures for submission of the initial plan.
(c) Logging and Distributing the Revised Plan
(1) The plan holder shall distribute the revised plan page(s) to all plan recipients within 15 days of the Administrator's approval of the revisions. Faxed updates for insertion into the plan are not acceptable.
(2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. In addition to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator.
(3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change.
(d) Each plan recipient must incorporate and utilize all updated materials as provided by the plan holder.


Note: Authority cited: Sections 8670.28 and 8670.31, Government Code. Reference: Sections 8670.19, 8670.28 and 8670.31, Government Code.

s 816.06. Compliance Requirements/Penalties.
Any person who knowingly, intentionally, or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, beginning with Section 8670.57 of the Government Code. Actions which constitute a violation of this subchapter shall include, but not be limited to, the following:
(a) failure to submit the plan in a timely manner;
(b) failure to implement any element of the plan as approved unless otherwise authorized by the Administrator or the U.S. Coast Guard through the Unified Command;
(c) operating without an approved plan;
(d) failure to contract with an OSRO Rated by OSPR for booming, on-water recovery and storage, and shoreline protection services; or
(e) failure to follow the direction or orders of the Administrator in connection with an oil spill, except as provided in Section 8670.27 of the Government Code.


Note: Authority cited: Sections 8670.28, 8670.29, 8670.30 and 8670.57-8670.69.6, Government Code. Reference: Sections 8670.29, 8670.30, 8670.31 and 8670.57-8670.69.6, Government Code.

s 817. Marine Facility Contingency Plans.


s 817.01. Applicability.
(a) Plans
Oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this subchapter for all marine facilities located in the marine waters (as defined in Section 815.05 of this subchapter) of California, or where a discharge of oil could reasonably be expected to impact the marine waters of California.
(1) A facility will be considered to have potential impact on marine waters based on the geographical and locational aspects of the site. Such aspects shall include proximity to marine waters or adjoining shorelines, land contour, and local drainage patterns. The existence of dikes, equipment or other structures used to prevent a spill from reaching marine waters will not necessarily affect the determination of which facilities are required to submit a plan.
(2) Contingency plans shall not be required of facilities located outside of the zone as measured from the mean high tide line to three nautical miles offshore. Any pipelines connecting such facilities to the shoreline, however, will be subject to the contingency planning requirements of this subchapter.
(b) Exemptions/Evaluations
(1) Owners/operators of platforms, with a reasonable worst case spill of less than 250 barrels, may apply for an exemption from the contingency plan requirements if the following conditions are met:
(A) the platform has a plan approved by either the Minerals Management Service (MMS), or the California State Lands Commission (SLC); and
(B) the MMS or SLC approved plan is submitted to the Administrator; and
(C) the Administrator determines that adequate response capability is available to address a spill and provide for the best achievable protection of coastal and marine resources.
(2) Any facility owner/operator may request a determination from the Administrator whether their facility meets the definition of marine facility, on the basis that a spill from the facility could not reasonably be expected to impact marine waters.
(A) The request must be submitted to the Administrator at least 180 days prior to the beginning of operation of the marine facility, and must provide specific, technical justification for the request.
(B) The Administrator shall inspect the facility to determine if a spill from the facility could potentially impact marine waters before the request may be approved.
(C) The Administrator will review the request within 30 days of receiving the request.
(D) If a decision is made that the facility meets the definition of marine facility, the facility owner/operator must submit a contingency plan within 90 days receipt of the decision.
(E) If a spill from a facility does occur which impacts marine waters, and the facility had previously received an evaluation that it does not meet the definition of marine facility, the evaluation is automatically revoked and the facility has 90 days in which to meet the contingency plan and Certificate of Financial Responsibility (COFR) requirements of this subdivision.


Note: Authority cited: Sections 8670.28, 8670.29 and 8670.30, Government Code. Reference: Sections 8670.28, 8670.29, 8670.30 and 8670.31, Government Code.

s 817.02. Marine Facility Plan Content (Except for Those Small Marine Fueling Facilities Addressed in Section 817.03 of This Subchapter).
To the degree the information required by Subsections 817.02(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.
(a) Introductory Material
(1) Each plan shall provide the following information:
(A) name and address of the marine facility, and mailing address if different. The name and address of the facility shall be referenced in the plan title or on a title page at the front of the plan;
(B) name, address and phone number of the owner and/or operator of the marine facility;
(C) name, address and phone number of the person to whom correspondence should be sent;
(D) a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has the requisite training, knowledge, and experience. The certification shall be submitted according to the following format;
"I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the State of California, that the information contained in this contingency plan is true and correct and that the plan is both feasible and executable." __________(signature), (title), (date);
(E) A copy of the California Certificate of Financial Responsibility (COFR) for the marine facility shall be included in the front of the plan. If the COFR is not available when the plan is submitted because the marine facility is not yet operational, a copy of the COFR must be provided as soon as it becomes available. The COFR must be provided before the plan can be approved.
(2) Each plan shall identify a Qualified Individual, as defined in Chapter 1, Section 790 of this subdivision, and any alternates that may be necessary for the purpose of implementing the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder. Such agent shall be located in California.
(4) Each plan shall contain a copy of the contract or other approved means (as defined in Section 815.05(b) of this subchapter) verifying that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or cleanup capacities covered by the contract. Plan holders shall only contract with an OSRO(s) that has received a Rating by OSPR (as specified in Section 819 of this subchapter) for the booming, on-water recovery and storage, and shoreline protection services required.
(b) Marine Facility Description
(1) Each plan shall describe the marine facility's design and operations with specific attention to those areas from which an oil spill could occur. This description shall include, at a minimum, the following information:
(A) a piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans;
(B) a description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A material safety data sheet (MSDS) or equivalent will meet this requirement and can be maintained separately at the facility providing the plan identifies its location;
(C) a description of the normal procedures for transferring oil from or to a pipeline, tanker, barge or other vessel, or storage tank, and the amount, frequency and duration of oil transfers;
(D) the marine facility's normal hours of operation; and
(E) for an exploration or production facility, a complete description of those sections of the oil or gas lease field, gathering lines, storage tanks and processing facilities, under the control of the owner/operator, a spill from which could reasonably be expected to impact the marine waters of California.
(2) Each plan shall describe the marine facility site and surrounding area, including, where appropriate, the following information (note: where maps/diagrams are required they may be submitted (in addition to the original hard copy) on electronic media, in Portable Document Format (PDF)):
(A) a map and description of site topography, including the drainage and diversion plans for the marine facility, such as sewers, storm drains, catchment, containment or diversion systems or basins, oil/water separators, and all watercourses into which surface runoff from the facility drains;
(B) vicinity maps showing any vehicular or rail access to the marine facility, pipelines to and from the facility, nearby residential, commercial or other populous areas, and access to private land necessary to respond to a spill;
(C) seasonal hydrographic and climatic conditions including wind speed and direction, air and water temperature, local tides, prevailing currents, and any local visibility problems;
(D) physical geographic features, including ocean depths and local bathymetry; beach types and other geological conditions, including type of soil and terrain; operational conditions such as physical or navigation hazards, traffic patterns, permanent buoys, moorings and underwater structures or other site-specific factors; and any other physical feature that may affect spill response;
(E) logistical resources within the geographic area covered by the plan, including facilities for fire services, medical services, and accommodations for spill response personnel; and
(F) shoreline access area, including piers, docks, boat launches and equipment and personnel staging areas.
(c) Prevention Measures
Each plan shall address prevention measures in order to reduce the possibility of an oil spill occurring as a result of the operation of the marine facility. The prevention measures must eliminate or mitigate all the hazards identified in the Risk and Hazard Analysis.
(1) Risk and Hazard Analysis
(A) Each plan shall provide a history of the significant spills from the marine facility for either the 10 year period prior to the date of plan submittal, or from the date the facility became operational, whichever is shorter. As used in this section, a significant spill is one which had a deleterious impact on the local environment, or caused the physical layout of the facility or the facility's operations procedures to be modified. This information shall include:
1. a written description of sites, equipment or operations with a history of oil spills;
2. the cause and size of any historical spill. The causes to be considered shall include such factors as operator error, or a failure of the system or subsystem from which the spill occurred;
3. a brief summary of the impact of the spills; and
4. a description of the corrective actions taken in response to any and all spills included in the historical data.
(B) Each marine facility shall conduct a Risk and Hazard Analysis to identify the hazards associated with the operation of the facility, including: operator error, the use of the facility by various types of vessels, equipment failure, and external events likely to cause an oil spill.
The owner/operator may use one or more of the hazard evaluation methods identified by the American Institute of Chemical Engineers, or an equivalent method, including, but not limited to:
1. What-if analysis;
2. Checklist analysis;
3. Preliminary hazard analysis;
4. Hazard and operability study;
5. Failure mode and effect analysis; or
6. Fault tree analysis.
(C) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the "Guidelines for Hazard Evaluation Procedures", second edition, copyright 1992, prepared for The Center For Chemical Process Safety.
1. The plan must include information regarding the expertise of the working group that develops the analysis.
2. The plan must include information that demonstrates to the Administrator that the analysis is appropriate to the marine facility and adequate according to the published procedures referenced in (C) above.
3. An owner/operator may be found in violation of this section if the Risk and Hazard Analysis does not adequately address the risks posed by the marine facility.
4. The Administrator may require that an analysis be updated if there are significant changes made to the marine facility. A significant change, as used in this paragraph, is one that would have an impact on the outcome of the Risk and Hazard Analysis.
5. Additional information regarding the analysis method used or the working group that conducted the analysis shall be made available to the Administrator upon request.
(D) Each plan shall include a summary of the results of the risk and hazard analysis. The summary shall include the following:
1. the hazard analysis method used, and a statement that the analysis is specific to the marine facility. If the analysis relies on a risk assessment at a similar facility, the summary shall specify how the two facilities are comparable; (continued)