CCLME.ORG - DIVISION 1. FISH AND GAME COMMISSION -DEPARTMENT OF FISH AND GAME SUBDIVISION 1. FISH AMPHIBIANS AND REPTILES Foreword 1-19-74

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2. an inventory of the hazards identified, including the hazards that resulted in the historical spills;
3. an analysis of the potential oil discharges, including the size, frequency, cause, duration and location of all significant spills from the marine facility as a result of each major type of hazard identified;
4. the control measures that will be used to mitigate or eliminate the hazards identified. The plan shall include timeframes for implementing any control measures that cannot be functional immediately; and
5. a prediction of the potential oil spills that might still be expected to occur after any mitigating controls have been implemented.
(E) All supporting documentation used to develop the Risk and Hazard Analysis summary shall be made available to the Administrator upon request.
(2) Off-Site Consequence Analysis
For the significant hazards identified in the Risk and Hazard Analysis required under this section, the marine facility shall conduct a trajectory analysis to determine the Off-Site Consequences of an oil spill. This analysis shall assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (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)). The analysis, which shall be summarized in the plan, shall include at least the following:
(A) a trajectory, or series of trajectories (for pipelines, etc.), to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, shall be sufficient;
(B) for each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the discharge based on type of product; the effect of seasonal conditions on sensitivity of these areas; and an identification of which areas will be given priority attention if a spill occurs.
(3) Resources at Risk from Oil Spills
Based on the trajectory of the spilled oil as determined in the Off-Site Consequence Analysis, each plan shall identify the environmentally, economically and culturally sensitive areas that may be impacted. Each plan shall identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate Area Contingency Plans, completed by the Coast Guard, State Agencies, and Local Governments pursuant to the Oil Pollution Act of 1990. (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) The map of environmentally sensitive areas shall include:
1. shoreline types and associated marine resources;
2. the presence of migratory and resident marine bird and mammal migration routes, and breeding, nursery, stopover, haul-out, and population concentration areas by season;
3. the presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas;
4. the presence of natural terrestrial animal and plant resources in marine-associated environments;
5. the presence of state or federally-listed rare, threatened or endangered species;
6. the presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas.
(B) The map of the locations of economically and culturally sensitive areas shall include:
1. public beaches, parks, marinas, boat ramps and diving areas;
2. industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures;
3. off-shore oil and gas leases and associated drilling/production platforms;
4. known historical and archaeological sites. If a plan holder has access to any confidential archaeological information, it must be submitted as a separate item and will be handled as confidential information as outlined in Subsection 816.01(d);
5. areas of cultural or economic significance to Native Americans; and
6. the major waterways and vessel traffic patterns that are likely to be impacted.
(4) Required Prevention Measures
Each marine facility shall take all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis, and the potential impact those hazards pose to the resources at risk. Each plan shall include the following:
(A) schedules, methods and procedures for testing, maintaining and inspecting pipelines and other structures within or appurtenant to the marine facility that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with Title 30 CFR, Part 250.153; Title 33 CFR, Part 154; Title 49 CFR, Part 195; and/or Title 5, Division 1, Part 1, Chapter 5.5, Sections 51010 through 51019.1 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection.
(B) methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5, Sections 2300-2407; Title 30 CFR, Part 250.154; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection.
(C) procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with Title 2, CCR, Division 3, Chapter 1, Article 5; Title 14, CCR, Division 1, Subdivision 4, Chapter 3, Subchapter 6; and/or Title 33 CFR, Parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
(D) protection measures for areas within the marine facility that are subject to flooding;
(E) the plan holder shall provide additional relevant information to the Administrator upon request.
(5) Other Prevention Measures
Each plan shall also identify and include a summary of those prevention measures required by other Federal, State or local agencies or which are currently in place and being utilized by marine facility personnel. The list of existing prevention measures shall include, but not be limited to, the following:
(A) a description of any "risk reduction incentive programs" in place at the marine facility. A risk reduction incentive program is one designed to reduce factors leading to technical and human error, such as programs that reward accident-free periods in the workplace;
(B) a description of leak detection and spill prevention safety and alarm systems, devices, equipment or procedures;
(C) a description of automatic controls that can be operated remotely or pre-programmed to control normal processes, safety shutdown and emergency shutdown;
(D) a description of the alcohol and drug testing programs for key personnel;
(E) any additional prevention measures taken or contemplated to minimize the possibility of oil spills;
(F) a description of any fencing, locks, lighting and other security or surveillance measures necessary to reduce vandalism, sabotage, or unauthorized entries.
(G) The plan holder shall provide additional relevant information to the Administrator upon request.
(d) On-Water Containment and Recovery
Each plan must provide for the on-water containment and recovery of all potential oil spills from the marine facility. To determine the amount of containment and recovery capability that must be available, each facility must calculate a Response Planning Volume as outlined below:
(1) Reasonable Worst Case Spill
To calculate the response planning volume, it is first necessary to determine the reasonable worst case spill for each marine facility, as follows:
(A) For marine facilities (except on-shore pipelines (not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code) which are addressed in Subsection (B), offshore platforms which are addressed in Subsections (C) and (D), and offshore pipelines which are addressed in Subsection (E):
1. the loss of the entire capacity of all in-line, break-out and portable storage tank(s), not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.7 (commencing with Section 25280) of Division 20, Health and Safety Code, needed for the continuous operation of the pipelines used for the purposes of handling or transporting oil, taking into account the existence of volume limiting factors including, but not limited to, line pressure, gravity, and the availability and location of the emergency shut-off controls; plus
2. the amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if a hose(s) or pipeline(s) ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage shall be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in hours (based on historic discharge data or the best estimate in absence of historic discharge data for the marine facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels.
3. The Administrator has the discretion to accept that a marine facility can operate only a limited number of the total pipelines at a time. In those circumstances, the reasonable worst case spill volume shall include the drainage volume from the piping normally not in use, in addition to the volume determined in (1) and (2), above.
(B) For on-shore pipelines not subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6..7 (commencing with Section 25280) of Division 20, Health and Safety Code, the largest volume in barrels, of the following:
1. The pipeline's maximum release time in hours (i.e., the time between pipeline rupture and discovery), plus the maximum shut-down response time in hours (based on historic discharge data or in the absence of such historic data, the operator's best estimate), multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum daily capacity of the pipeline), plus the largest line drainage volume after shutdown of the line section(s) in the response zone expressed in barrels. (As used in this subsection: line section means a continuous run of pipe that is contained between adjacent pressure pump stations, between a pressure pump station and a terminal or break-out tank, between a pressures pump station and a block valve, or between adjacent block valves; response zone means a geographic area either along a length of pipeline or including multiple pipelines, containing one or more adjacent line sections, for which the operator must plan for the deployment of, and provide spill response capabilities. The size of the zone is determined by the operator after considering available capabilities, resources, and geographic characteristics); or
2. The largest foreseeable discharge for the line section(s) within a response zone, expressed in barrels, based on the maximum historic discharge, if one exists, adjusted for any subsequent corrective or preventive action taken; or
3. If the response zone contains one or more break-out tanks, the capacity of the single largest tank or battery of tanks within a single secondary containment system, adjusted for the capacity or size of the secondary containment system, expressed in barrels.
(C) For offshore platforms (except those drilling a new well which are addressed in Subsection (D)):
1. total tank storage and flow line capacity; plus
2. that portion of the total linefill capacity which could be lost during a spill, taking into account the availability and location of the emergency shut-off controls and the effect of hydrostatic pressure; plus
3. the amount of additional spillage that could reasonably be expected to enter marine waters during emergency shut-off, transfer or pumping operations if a hose or pipeline ruptures or becomes disconnected, or some other incident occurs which could cause or increase the size of an oil spill. The calculation may take into consideration other safety devices, emergency reaction times and maximum transfer rates; plus
4. the daily production volume for seven days from an uncontrolled blowout of the highest capacity well associated with the marine facility. In determining the daily discharge rate, the reservoir characteristics, casing/production tubing sizes, and historical production and reservoir pressure data shall be taken into consideration.
(D) For offshore platforms with active well drilling:
The owner/operator of a platform at which a new well is being drilled must submit a proposed reasonable worst case oil spill calculation for platform operations to the Administrator. The proposed worst case discharge is the daily volume possible for seven days from an uncontrolled blowout taking into consideration any known reservoir characteristics. The proposed calculation will be reviewed by the Administrator during the plan review and approval process to determine if it adequately addresses the oil spill potential of the new well system.
(E) For offshore pipelines, the largest volume in barrels of the following calculation:
1. The pipeline system leak detection time, plus the shutdown response time, multiplied by the highest measured oil flow rate over the preceding 12-month period. For new pipelines, use the predicted oil flow rate. Add to this calculation the total volume of oil that would leak from the pipeline after it is shut in. This volume should be calculated by taking into account the effects of hydrostatic pressure, gravity, frictional wall forces, length of pipeline segment, tie-ins with other pipelines, and other factors.
(F) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a marine facility's reasonable worst case spill shall be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with Subsection 816.03(b).
(2) Persistence and Emulsification Factors
(A) The reasonable worst case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors relative to the type of oil spilled, are specified below:
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Oil Group Group 1 Group 2 Group 3 Group 4
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On-Water Volumes .20 .50 .50 .50
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(B) Emulsification Factors
The volume determined from the calculation in Subparagraph (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil.
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Oil Group Group 1 Group 2 Group 3 Group 4
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Emulsification 1.0 1.8 2.0 1.4
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(C) Response Planning Volume
The total determined by the above calculation is a Response Planning Volume.
1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract shall be the greater of the amount determined in Subsection 817.02(d)(1) and (2) , or the Planning Volume for On-water Recovery calculated for the nearshore/inland environment in the marine facility's federal response plan pursuant to 33 CFR Part 154, Appendix C, Section 7. The Planning Volume for On-Water Recovery is the adjusted volume from the federal calculation determined prior to establishing the response tiers utilizing the mobilization factors.
2. All calculations used to determine the Response Planning Volume shall be included in the plan.
(3) Response Capability Standards
The equipment and personnel necessary to address the Response Planning Volume is brought to the scene of the spill over a period of time. The timeframes are dependent upon the risk zone in which the marine facility is located and are specified in the tables in this section.
The standards set forth in this section are only planning standards and may not reflect the exigencies of actual spill response. However, these are the standards that must be used to determine the amount of equipment and personnel that must be under contract. Equipment in addition to that under contract must be identified, and a call-out procedure in place to access this equipment, if the marine facility has a spill that exceeds these planning standards. The owner/operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards.
(A) Total Equipment Required
1. The total amount of on-water containment and recovery equipment and services required shall be the lesser of the amount necessary to address the Response Planning Volume determined in Section 817.02(d)(2)(C) or the Daily Recovery Rate established by this Section at 817.02(d)(3)(B).
2. The amount of equipment and the timeframes for delivery are specified in Subsection 817.02(d)(3)(B). The barrels per day capability figure is the total amount of on-water recovery equipment that must be at the scene of the spill at the hour specified which is measured from the time of notification, as described in this subchapter. All on-water recovery equipment must be capable of being deployed and operable within one hour of arrival at the scene of the spill but no later than the designated timeframe for each risk zone.
3. The timeframes for equipment delivery and deployment as specified in this subsection do not take into account the time required to conduct a health and safety assessment of the site as set forth in Subsection 817.02(f)(9), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or seastate. The actual time necessary to deliver and deploy equipment will be assessed at the time of an incident or a drill and will take into account the prevailing conditions of weather and seastate, as well as the site assessment requirements.
(B) Daily Recovery Rate
1. Facilities located in High-Volume Ports
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DELIVERY 6 24 36 60
TIME (HRS)
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BBLS/DAY 23,437 31,250 46,875 78,125
CAPABILITY
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i. in addition, the facility/transfer points within the High Volume Ports must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification;
ii. if a facility/transfer point within a High Volume Port maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
2. Facility/Transfer Areas and the Santa Barbara Channel Area
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DELIVERY 12 36 60
TIME (HRS)
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BBLS/DAY 19,531 35,156 66,406
CAPABILITY
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i. in addition, facility/transfer points within a Facility/Transfer Area and the Santa Barbara Channel Area must have 3,125 barrels/day, or 10% of the reasonable worst case spill volume, whichever is less, of on-water recovery capability that can be mobilized and on-scene within 2 hours of notification;
ii. if a facility/transfer point within a Facility/Transfer Area or the Santa Barbara Channel Area maintains and can immediately deploy containment equipment for a 3,125 barrel spill, or 10% of the reasonable worst case spill volume, whichever is less, the initial on-water recovery capability can be on-scene within three hours rather than two hours;
iii. for those points where transfers occur infrequently, and where there is not permanent equipment present, the 3,125 barrel/day, or 10% of the reasonable worst case spill volume, whichever is less, on-water recovery capability shall be brought to the site at the time of transfer;
iv. for infrequent transfers of non-persistent oil, the initial response requirement may be waived by application to the Administrator. The application for waiver must include a justification based on such factors as the location of the marine facility, proximity to response equipment, additional equipment in the immediate area, and the relative environmental sensitivity of the potential spill sites.
(C) Sufficient containment equipment shall be brought to the scene of the spill to address the daily recovery rates as designated in Section 817.02(d)(3)(B).
(D) The standards set forth in Subsection 817.02(d)(3)(B) were increased by a factor of 25% on July 1, 1997. It was determined that this increase was feasible and necessary to meet the best achievable protection of the coast.
(E) The standards set forth in Subsection 817.02(d)(3)(B) will be increased by a factor of 25% effective July 1, 2001 and again July 1, 2005 if it can be demonstrated that these increases are feasible and necessary in order to meet the best achievable protection of the coast. Prior to any such increase, the Administrator will conduct a review and hold a hearing as outlined below:
1. The Administrator shall conduct a review of the scheduled increase before the increase shall become effective. Results of this review shall be available in January of the year the increase would become effective.
2. Review of the standards shall include analysis of technological improvements, such as but not be limited to: equipment efficiency and design improvements; improved spill tracking capability; approved dispersants; bioremediation; and other prevention and response measures.
3. The Administrator shall conduct a public hearing prior to confirming the new standards to solicit input regarding the necessity of the proposed increase and any credits that may be allowed.
(F) Transfer Operations
Each plan holder shall own or have under contract the equipment, and shall have the personnel and procedures sufficient to contain a 50 barrel spill. These response resources shall be present on-site during all vessel transfer operations and deployable immediately in the event of an oil spill.
(4) Non-Cascadable Equipment
Each plan shall nominate a certain amount of the recovery equipment identified in Section 817.02(d)(3) as non-cascadable, which may not be moved outside of the risk zone in which the marine facility is located. Non-cascadable equipment may not be moved in response to a spill outside of the risk zone without approval of the Administrator or the Federal On-Scene Coordinator (FOSC) through the Unified Command. During the Coastal Protection Review, the Administrator shall determine which among the nominated equipment shall be designated as non- cascadable equipment for each zone. The final determination may not include equipment nominated from each plan. A contingency plan is not made invalid by the movement of non-cascadable equipment if such movement has been approved by the Administrator or the FOSC.
The amount of recovery equipment that is non-cascadable is dependent upon the risk zone in which the marine facility is located. The total amount required will be the lesser of the amount necessary to address the Response Planning Volume, or the amount specified as follows:
(A) High Volume Ports and the Santa Barbara Channel Area: 10,000 barrels per day of recovery capability that can be mobilized within 2 hours of notification and on-scene within 12 hours.
(B) Facility/Transfer Areas: 2,500 barrels per day of recovery capability that can be mobilized within two hours and on-scene within 12 hours.
(5) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the marine facility has under contract, or other approved means (as defined in Section 815.05(b) of this subchapter), access to all the necessary equipment and services to comply with the Response Capability Standards established in Subsection 817.02(d)(3). The amount of response equipment required shall take into account the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) of the equipment.
(B) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the geography, bathymetry, water depths, tides, currents and other local environmental conditions. For those areas that require shallow-water response capability (refer to the relevant Area Contingency Plan), the plan shall provide for an adequate number of shallow-draft vessels (as defined in Section 815.05 of this subchapter) and for adequate booming and other shoreline protective resources to be under contract and available to provide shoreline protection of all sensitive sites identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified.
The following information must be provided:
1. the location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
2. a complete inventory of any nonmechanical response equipment and supplies, including the type and toxicity of each chemical agent, with procedures for storage and maintenance;
3. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
4. the manufacturer's rated capacities and the operational characteristics for each major item of oil recovery equipment;
5. the derated capacity (as defined in Chapter 1, Section 790 of this subdivision) for each major piece of on-water recovery equipment listed, as well as the derated capacity for the skimming systems as a whole.
i. A request may be submitted to the Administrator to review the derated capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
ii. The Administrator's decision regarding a change in the derated capacity for a piece of equipment will be issued as soon as administratively feasible.
6. vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom, and availability of shallow-draft vessels;
7. vessels of opportunity reasonably available for oil spill recovery operations, including availability of shallow-draft vessels, procedures to equip the vessels, inventory all equipment, and train personnel;
8. pumping and transfer equipment for transferring oil from damaged structures, or from undamaged structures which might be at risk of discharging additional oil;
9. procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;
10. sufficient equipment to track the movement of discharged oil, including aerial surveillance sufficient to direct skimming operations.
(C) Each plan shall describe the personnel available to respond to an oil spill, including:
1. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme;
2. a match between personnel by job category, and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel;
3. sufficient personnel to maintain a response effort of at least 14 days.
(D) A list of the marine facility's spill management personnel and their spill response qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision.
(E) Each plan shall describe procedures for the transport of required equipment, personnel and other resources to the spill site. The description shall include plans for alternative procedures during adverse environmental conditions. Adverse environmental conditions to be considered shall include:
1. adverse weather;
2. sea states, tides, winds and currents;
3. presence of debris or other obstacles; and
4. any other known environmental condition that could restrict response efforts.
(F) Any equipment and personnel identified in the plan must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair. Major equipment is that which, if removed, would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service. Backup equipment may be provided from the owner's own inventory, or may be made available from another responder.
3. A plan shall remain valid during the time that equipment has been removed from service for maintenance or repair if the Administrator has approved such movement.
(G) Group 5 Oils
Marine facilities that handle Group 5 oils must provide information on response procedures and identify response equipment and resources to address the marine facility's reasonable worst case spill. Such equipment shall include, but is not limited to the following:
1. sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;
2. containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom;
3. dredges, pumps, or other equipment necessary to recover oil from the bottom;
4. equipment necessary to assess the impact of such discharges; and
5. any other appropriate equipment necessary to respond to a discharge involving a Group 5 oil.
(6) On-Water Response and Recovery Strategies
Utilizing the equipment that must be under contract, each plan shall describe methods to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include:
(A) methods for on-water containment and removal of oil in open-water environments;
(B) methods for adapting on-water containment and removal strategies in order to address the spill as it moves to the close-to-shore environment. This description shall include, where appropriate, methods for carrying out response operations and protection strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis.
(C) The plan holder may propose the use of dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents or non-mechanical methods for response operations. The use of any non-mechanical method for response must be done in accordance with provisions of the State Marine Oil Spill Contingency Plan, the National Oil & Hazardous Substances Pollution Contingency Plan, the applicable federal Area Contingency Plan and all applicable State laws and regulations.
If a non-mechanical method of response is proposed, the plan shall include:
1. methods of deployment or application;
2. a description of the specific mechanisms in place to assess the environmental consequences of the chemical agent. This shall include the mechanism for continuous monitoring of environmental effects for the first three days after initial application, and periodic monitoring thereafter until the agent is inert or no longer operative;
3. identification of all permits, approvals or authorizations needed to allow the use of chemical agents or non-mechanical methods, and the timeline for obtaining them;
4. a plan for protecting resources at risk, areas of public concern and the public from any adverse effects of the chemical agents used;
5. the projected efficacy of each type of non-mechanical method proposed for use taking into account the type of spilled material and the projected environmental conditions of the potential spill site; and
6. upon request, the plan holder shall provide any test results known to the plan holder which assess the environmental impacts of applying these agents in the marine environment.
(D) methods for tracking the movement of the discharged oil; and
(E) the location of the weather stations to be used for observations of winds, currents and other data at the time of a spill that may assist in making real-time projections of spill movement.
(e) Shoreline Protection and Clean-up
Each plan must provide for shoreline protection and cleanup of all potential spills from the marine facility. The protection strategies and the amount of equipment necessary are outlined below:
(1) Shoreline Response Planning Volume
Each plan shall demonstrate that the marine facility has access to all necessary equipment and services to address the response strategies appropriate to each shoreline that could potentially be impacted by a spill from the facility.
To determine the amount of equipment and services necessary a Response Planning Volume must be calculated as outlined below:
(A) Multiply the reasonable worst case spill for the marine facility, as calculated in Subsection 817.02(d)(1), by the appropriate persistence factor from the chart below for the most persistent type of oil that may be spilled:
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Oil Group Group 1 Group 2 Group 3 Group 4
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Cleanup Volume .10 .30 .50 .70
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(B) Emulsification Factors
The volume determined from the calculation above is then multiplied by one of the following emulsification factors, again, based on the type of oil:
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Oil Group Group 1 Group 2 Group 3 Group 4
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Emulsification 1.0 1.8 2.0 1.4
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(C) Total Shoreline Equipment Required
The total determined by this calculation is a Response Planning Volume.
1. The Response Planning Volume to be used to determine the amount of Response Equipment and Services that must be under contract shall be the greater of the amount determined in Subsection 817.02(e)(1), or the adjusted Planning Volume for onshore recovery calculated for the nearshore/inland environment in the facility's federal response plan pursuant to 33 CFR Part 154., Appendix C, Section 7.
2. All calculations used to determine the Response Planning Volume shall be included in the plan.
(2) Shoreline Protection Equipment and Services
Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 815.05(b) of this subchapter), an oil spill response organization capable of effecting shoreline protection strategies. Such protection strategies must be commensurate with the Response Planning Volume calculated for potential shoreline impact, and must be capable of addressing all appropriate protection, response and clean-up strategies. The specific areas where equipment and services must be available for use shall be identified in the Off-Site Consequence Analysis.
(A) The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The following information must be provided:
1. the amounts of all protective booming, shallow-draft vessels, and shoreline clean-up equipment necessary to address the specific types of shorelines that may be impacted;
2. the location, inventory and ownership of the equipment to be used to fulfill the response requirements;
3. the procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator.
(B) Each plan shall describe the personnel available to respond to an oil spill, including:
1. a list by job category including a job description for each type of spill response position needed as indicated in the spill response organization scheme;
2. a match between personnel, by job category and the equipment proposed for use (including equipment appropriate for shallow-water environments), including the plan for mobilization of such personnel;
3. sufficient personnel to maintain a response effort of at least 14 days.
(C) Any equipment and personnel identified to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventuality must be taken into account in relying upon these resources.
1. The equipment owner must notify the Administrator when major equipment is removed from service for a period of 24 hours or more for maintenance or repair, if such movement would affect timely implementation of the plan. Notification must be made prior to removing equipment for regularly scheduled maintenance, and within 24 hours of removing equipment for unscheduled repairs.
2. The equipment owner must demonstrate that backup equipment is available during the time that the primary response equipment is out of service.
(3) (Reserved)
(4) Shoreline Protection and Clean-Up Strategies
(A) Utilizing the equipment that must be under contract, each plan shall describe the methods that will be used to contain spilled oil and remove it from the environment. The equipment identified for a specific area must be appropriate for use in that area given the limitations of the bathymetry, geomorphology, shoreline types and other local environmental conditions. Additionally, the equipment identified shall be appropriate for use on the type of oil identified. The description shall include:
1. all shoreline protection procedures and oil diversion and pooling procedures for the close-to-shore environment. These procedures shall include, where appropriate, methods for carrying out response operations and clean-up strategies in shallow-water environments, as identified in the trajectory analysis conducted as part of the Off-site Consequence Analysis;
2. methods for shoreside cleanup, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types.
3. measures to be taken to minimize damage to the environment from land operations during a spill response, such as impacts to sensitive shoreline habitat caused by heavy machinery or foot traffic.
(B) Protection, response and clean-up strategies will be specific to the type of oil spilled, the expected spill sites as identified in the Off-Site Consequence Analysis, and the resources at risk at those spill sites.
(C) Each plan must utilize all the strategies appropriate to the potential impact sites.
(f) Response Procedures
(1) Each plan shall describe the organization of the marine facility's spill response system and management team. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to interface the plan holder's organization into the State Incident Command System and/or the Unified Command Structure as required by Title 8, California Code of Regulations, Subsection 5192(p)(8)(D)(2).
(A) The plan holder may utilize the procedures outlined in the appropriate Area Contingency Plan as a reference when describing how the marine facility's chain of command will interface with the State Incident Command System which utilizes the Unified Command Structure.
(B) Each plan shall describe the organization of the plan holder's public information office, as it relates to an oil spill incident, and the method by which the Information Officer will be integrated into the State Incident Command System.
(C) Each plan shall describe the plan holder's safety program as it relates to an oil spill incident and the method by which their Safety Office will be integrated into the State Incident Command System.
(2) Each plan shall describe the process to establish sites needed for spill response operations, including location or location criteria for:
(A) a central command post sufficient to accommodate the State Incident Command or Unified Command as well as the plan holder's response organization;
(B) a central communications post if located away from the command post;
(C) equipment and personnel staging areas.
(3) Each plan shall include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart or decision tree shall describe the general order and priority in which key spill response activities are performed.
(4) Each plan shall describe how the plan holder will provide emergency services before the arrival of local, state or federal authorities on the scene, including:
(A) procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
(B) procedures for emergency medical treatment and first aid;
(C) procedures to control ground, marine and air traffic which may interfere with spill response operations;
(D) procedures to manage access to the spill response site and the designation of exclusion, decontamination and safe zones; and
(E) procedures to provide the required personnel protective gear for responders.
(5) Each plan shall describe equipment and procedures to be used by marine facility personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled.
(A) Spill mitigation procedures shall include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown.
(B) For spill mitigation procedures the plan shall include prioritized procedures for marine facility personnel including specific procedures to shut down affected operations. Responsibilities of facility personnel should be identified by job title. A copy of these procedures should be maintained at the facility operations center. These procedures should address the following equipment and scenarios:
1. failure of manifold and mechanical loading arm, other transfer equipment, or hoses, as appropriate;
2. tank overfill;
3. tank failure;
4. pipe rupture;
5. pipe leak, both under pressure and not under pressure, if applicable;
6. explosion and/or fire; and
7. other equipment failure (e.g. pumping system failure, relief valve failure, etc.).
(6) Each plan shall detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, and local, state, and federal emergency and disaster responders, including:
(A) communication procedures;
(B) the communication function (e.g., ground-to-air) assigned to each channel or frequency used;
(C) the maximum broadcast range for each channel or frequency used; and
(D) redundant and back-up systems.
(7) Each plan shall provide for post-spill review, including methods to review both the effectiveness of the plan and the need for plan amendments.
(A) The result of the review shall be forwarded to the Administrator within 90 days following the completion of response and cleanup procedures.
(B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan.
(8) Each plan shall describe the procedures to manage access to the spill response site, the designation of exclusion, decontamination and safe zones, and the decontamination of equipment and personnel during and after oil spill response operations, as required by the California Occupational Safety and Health Administration.
(9) Prior to beginning spill response operations and/or clean up activities, a Site Safety Plan must be completed. Each plan shall include information as required pursuant to Title 8, Section 5192(b)(4)(B) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protective equipment program, written health and safety training program, written confined space program and permit forms, direct reading instrument calibration logs, and written exposure monitoring program.
(g) Notification Procedures
(1) Each plan shall include a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies;
(B) identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The following information must be provided:
1. the individual or office to be contacted;
2. telephone number or other means of contact for any time of the day; and
3. an alternate contact in the event the individual is unavailable.
(C) establish a clear order of priority for notification.
(2) Immediate Notification
Nothing in this section shall be construed as requiring notification before response.
(A) Each plan shall include a procedure for contacting the primary OSRO, or other initial response resources if an OSRO is not being used, within 30 minutes of the discovery of a discharge of oil or threatened discharge of oil.
(B) Each plan shall include a procedure that ensures that the owner/operator or his/her designee will initiate contact with the Qualified Individual, the California Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a discharge of oil or threatened discharge of oil.
(C) All phone numbers necessary to complete the immediate notification procedures must be included in the response manual.
(3) Each plan shall identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner/operator is required to have under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) marine facility name and location;
(B) date and time of the incident;
(C) the cause and location of the spill;
(D) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(E) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(F) the size and appearance of the slick;
(G) prevailing weather and sea conditions;
(H) actions taken or planned by personnel on scene;
(I) current condition of the marine facility;
(J) injuries and fatalities; and
(K) any other information as appropriate.
(5) Reporting of a spill as required by Subsection 817.02(g)(2) shall not be delayed solely to gather all the information required by Subsection 817.02(g)(4).
(6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage shall be reported to the California Governor's Officeof Emergency Services whenever a significant change in the amount reported occurs, but not less than every 12 hours within the first 48 hours of response. The State Incident Commander and/or the Federal On-Scene Coordinator through the Unified Command shall have the option of increasing or decreasing this timeframe, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command will meet the requirements of this subsection. (continued)