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(continued)
(1) Notifications: Test the notification procedures identified in the contingency plan;
(2) Staff mobilization: Demonstrate the ability to assemble the spill response organization identified in the contingency plan;
(3) Unified Command: Demonstrate the ability of the spill response organization to form or interface with a Unified Command;
(4) Discharge Control: Demonstrate the ability of the spill response organization to control and stop the discharge at the source;
(5) Assessment: Demonstrate the ability of the spill response organization to provide an initial assessment of the discharge and provide continuing assessments of the effectiveness of the tactical operations;
(6) Containment: Demonstrate the ability of the spill response organization to contain the discharge at the source or in various locations for recovery operations;
(7) Recovery: Demonstrate the ability of the spill response organization to recover the discharged product;
(8) Protection: Demonstrate the ability of the spill response organization to protect the environmentally and economically sensitive areas identified in the approved Area Contingency Plans;
(9) Waste Management: Demonstrate the ability of the spill response organization to properly manage the recovered product and to develop a waste management plan for approval by the Unified Command. The plan will include appropriate procedures for obtaining permits and/or waivers, waste characterization, waste minimization, volumetric determination, and overall waste management and final disposition, as appropriate;
(10) Communications: Demonstrate the ability to establish an effective communications system for the response organization;
(11) Transportation: Demonstrate the ability to provide effective multi-mode transportation both for execution of the discharge and support functions;
(12) Personnel Support: Demonstrate the ability to provide the necessary support of all personnel associated with the response;
(13) Equipment Maintenance and Support: Demonstrate the ability to maintain and support all equipment associated with the response;
(14) Procurement: Demonstrate the ability to establish an effective procurement system;
(15) Documentation: Demonstrate the ability of the spill response organization to document all operational and support aspects of the response and provide detailed records of decisions and actions taken. These documents shall be provided to the Administrator upon request.
(d) The owner/operator shall provide the following documentation in order to receive credit from OSPR for any exercise conducted:
(1) the contingency plan number;
(2) a list of all other participants and their roles, including contingency plan numbers if applicable;
(3) the objectives tested, as listed in (c) above;
(4) the ACP-listed environmentally sensitive site protection response strategies tested;
(5) copies of documents created for the drill or exercise (such as the site safety plan and the incident action plan, if written);
(6) a list of the other regulatory agencies attending the drill or exercise, if any; and,
(7) an exercise evaluation or post-spill critique.
(8) for all exercises:
(A) information to demonstrate whether the identified objectives as listed in subsection (c) above, have been met. The Evaluator Work Sheet (FG OSPR 1963, 2/9/98) or a form that includes the same information, may be used to gather this information;
(B) information of concern to the local Area Planning Committee including, but not limited to, the following: objectives tested, observations and description of successful positive action or statement of problem, and any recommendations for suggested action or improvement to Area Contingency Plans, marine facilities and vessel plans, response contractors, federal agencies, state agencies, local agencies, training or exercise programs. The USCG/OSPR Lessons Learned Reporting Form (ACP LL Rev. 2/98 ), or a form that includes the same information, may be used to gather this information.
(9) for all tabletop exercises:
(A) information including, but not limited to, the following: date of exercise, exercise or actual response; location; time started/time completed; the response plan scenario used; size of spill; evaluation of the spill management team's knowledge of the oil spill response plan; determination of proper notifications; evaluation of the communications system; ability to access contracted oil spill removal organizations; ability to coordinate spill response with On-Scene Coordinator, state and applicable agencies; and ability to access sensitive site and resource information in the Area Contingency Plan if referenced. The Spill Management Team/Tabletop Exercise Report (FG OSPR 1966, 5/7/97) or a form that includes the same information, may be used to gather this information.
(10) for all equipment deployment exercises:
(A) information including, but not limited to, the following: date; identity of marine facility/vessel; location(s); time started/completed; equipment ownership; a list of type and amount of all equipment deployed and number of support personnel employed; description of the exercise goals and a list of any Area Contingency Plan strategies tested, with a sketch of equipment deployments and booming strategies; if marine facility- owned equipment, was at least the amount of equipment deployed necessary to respond to the average most probable spill; was equipment deployed in its intended operating environment; was a representative sample of OSRO-owned equipment deployed; was the OSRO-owned equipment deployed in its intended operating environment; description of the marine facility's comprehensive training and equipment maintenance programs; did personnel responsible for equipment deployment actually deploy the equipment; and was deployed equipment operational. The Equipment Deployment Evaluation Form (FG OSPR 1965, 2/20/97), or a form that includes the same information, may be used to gather this information.
(e) The Administrator shall issue a report within 90 days to the owner/operator for any exercise attended by OSPR personnel, which evaluates the adequacy of the exercise scenario to test elements of the plan and its implementation, and the response of the participants. Any inadequacies noted in the Administrator's report must be addressed in writing by the owner/operator within 60 days of the receipt of the Administrator's report. The owner/operator's response shall outline remedies to the noted inadequacies including, but not limited to, any necessary changes to the plan, any changes in contracted or owned response resources, changes in or additions to training, and/or the need for additional drills or exercises. The owner/operator's response shall include a schedule for implementing the remedies.
(f) Protective Response Strategies For Environmentally Sensitive Sites
(1) Owner/operators are required to exercise protective response strategies for all ACP-listed environmentally sensitive sites within the area identified as impacted in their Off-site/Environmental Consequence Analysis for their reasonable worst case spill. Owner/operators are required to submit a schedule, within 60 days of the effective date of this subchapter, for exercising the protective response strategies. Owner/operators are required to demonstrate to the Administrator that these areas have been tested, either with owner/operator owned equipment or through an OSRO under contract with the owner/operator.
(A) Each schedule shall be approved or denied within 180 days after receipt by the Administrator.
(B) The Administrator shall determine whether each schedule adequately assures that the shoreline protection strategies for all environmentally sensitive sites identified as potentially impacted will be exercise. If it is determined that a schedule is inadequate, it will be returned to the submitter with a written explanation of deficiencies and, if practicable, suggested modifications or alternatives.
(C) Upon notification of a schedule's deficiencies, the submitter will have 90 days to submit a new or modified schedule. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section.
(2) The Administrator may approve an overall schedule to exercise the protection strategies for an entire ACP area. Such a schedule may be submitted by the owner/operator or by an OSRO, individually or in some combination thereof, which covers the sensitive sites of the entire ACP area, or the sensitive sites identified in the owner/operator's off-site/environmental consequence analysis. A schedule to exercise the shoreline protection strategies for an entire ACP area may be approved by the Administrator, even if the exercises are not able to be completed in the triennial cycle. If the deployment of the shoreline protection strategy is not possible at a site due to statutory, regulatory, or health and safety reasons, the owner/operator must identify these sites, describe the reasons the strategies are not deployable in an exercise situation and what measures will be taken to assure the shoreline protection strategy for the site will function in an emergency. The owner/operator may proposed representative sites, in lieu of the sensitive sites in a given area, as long as the Administrator is assured that all sensitive sites for that area are able to be protected.
(g) The Administrator may call a drill or exercise, or conduct an inspection, to validate all or part of a contingency plan. This drill, exercise, or inspection may be announced or unannounced.
(h) Substitution
(1) In-State Exercises
In substitution for the exercises required by Subsections 817.02(k)(1)(A) through (C), 817.02(k)(1)(B) and (C), 818.02( l )(1)(C) and (D), and 818.03 ( l )(1)(B), the Administrator may accept an exercise conducted by the marine facility or vessel, and called by an agency other than the OSPR, if all of the following conditions are met:
(A) the exercise tests one or more of the following: the marine facility or vessel's spill management team and spill response organization; deployment of the facility or vessel's response equipment; or deployment of other response resources identified in the contingency plan; and
(B) the exercise is conducted with the U. S. Coast Guard, or another local, state or federal agency and the OSPR has been invited with the minimum notification required in Section 820.01(b)(2); and,
(C) the owner/operator has received prior approval for the exercise substitution from the Administrator, and,
(D) the Administrator finds the exercise objectives and evaluation criteria equal to or exceeding those of the OSPR.
(2) Out-of-State Exercises
In substitution for the spill management team tabletop exercises, the Administrator may accept an exercise conducted by the vessel owner/operator outside of the State of California if the following conditions are met:
(A) the OSPR has been invited with the minimum notification required in Section 820.01(b)(2); and,
(B) the owner/operator has received prior approval for the exercise substitution from the Administrator; and,
(C) the Administrator finds the exercise objectives and evaluation criteria equal to or exceeding those of the OSPR.
(D) The only exercise that can be substituted under this provision is an exercise of the spill management team and a response management organization that is separate from the vessel operation itself.
(i) OSRO Exercises
An exercise of an OSRO's services may fulfill the equipment deployment exercise requirement of Section 817.02(k)(3) for any marine facility, or Section 818.02 ( l )(1)(D) for any vessel, that utilizes the OSRO's plan to fulfill the response requirements of the facility's or vessel's own plan. These exercises will not fulfill the semi-annual equipment deployment exercise requirement of marine facility-owned equipment pursuant to Section 817.02(k)(1)(B).
(j) Unannounced Exercises
An unannounced exercise may be used to satisfy the exercise requirements of this subsection under the following conditions:
(1) The owner/operator shall submit a written request to the administrator within 90 days after the unannounced exercise is conducted asking that the exercise be considered in substitution for one or more of the required exercises, and;
(2) the exercise tests one or more of the following: 1) the marine facility's or vessel's spill management team and spill response organization, 2) deployment of the facility's or vessel's response equipment, or 3) deployment of other response resources identified in the facility's or vessel's plan; and:
(3) for Internal Unannounced Exercises, the owner/operator shall comply with all requirements of Subsections 820.01(b) through (e); or
(4) for External Unannounced Exercises, the owner/operator shall comply with all the requirements of Subsections 820.01(c) through (e).
(k) Actual Spill
(1) Actions taken in response to an actual spill may be considered for exercise credit upon request of the owner/operator if all of the following conditions are met:
(A) the OSPR receives the documentation, as appropriate, outlined in Section 820.01(d); and,
(B) the OSPR receives documentation of State OES oil spill notification, and the owner/operator provides all the information required on the OSPR Notification Form (FG OSPR Form 1964); and,
(C) activation of the spill management team is successfully accomplished; and,
(D) OSPR or another regulatory agency responds to the spill. A written response/evaluation by the owner/operator may be accepted by OSPR in lieu of an agency report if an agency report is not prepared; and,
(E) the response was carried out in accordance with an approved contingency plan, the appropriate Area Contingency Plan, and/or in accordance with the directions of the Administrator or Federal On-Scene Coordinator; and
(F) the OSPR receives a report from the Responsible Party as to cause of the spill, and procedures or other measures adopted to prevent a similar reoccurrence.


Note: Authority cited: Sections 8670.10 and 8670.28, Government Code. Reference: Sections 8670.7, 8670.10, 8670.28, 8670.29 and 8670.30, Government Code.

s 825.01. General Outline.
825.01 General Outline.
825.03 Purpose and Scope
825.05 Definitions
825.07 General Requirements
826 Plan Submittal, Review and Approval
826.01 Plan Submittal
826.02 Plan Format
826.03 Plan Review and Approval
826.04 Plan Implementation and Use
826.05 Plan Updates/Resubmission
826.06 Compliance Requirements/Penalties
827 Nontank Vessel Contingency Plans
827.01 Applicability
827.02 Nontank Vessel Plan Content


s 825.03. Purpose and Scope.
This subchapter sets forth planning requirements for oil spill prevention and response for nontank vessels (300 gross tons or greater) in California. The planning requirements specify that the owner/operator of a nontank vessel must have contracted for resources sufficient to respond to all spills up to the reasonable worst case spill in the time frames specified. The reasonable worst case spill volume will dictate the amount of response equipment and personnel that the owner/operators must have available at the time of a spill.
The equipment that the owner/operators have available must also be applicable to the areas of intended use. This subchapter requires that trajectory analyses be conducted to determine the probable areas of the coastline that could be impacted by a spill. Based on these trajectories the owner/operators will be able to ascertain the type of equipment that must be available, such as shallow-water skimmers, as well as the appropriate response strategies necessary to protect and clean up the shoreline types that could be affected. The trajectories established for the scenarios from the appropriate and most recent Area Contingency Plans (ACP) may be used for this purpose, if appropriate and approved by the Administrator.
The information required by this subchapter must be submitted to the Office of Spill Prevention and Response (OSPR), and maintained by the owner/operator, in separate volumes. A principal volume will be compiled to contain all the required information, calculations, studies, maps and related data. A separate volume will be set up as a initial response activity manual and will contain only the information that response personnel will need at the time of a spill to facilitate the immediate notification and response actions that are mandated.
To the greatest extent possible, California has endeavored that this subchapter be consistent with the scope and intent of California's tank vessel oil spill contingency plan regulations, the enabling legislation Senate Bill 1644 (Chapter 964, Statutes of 1998), and the Federal oil spill response regulations; taking into consideration the differences in environmental risk between spills from nontank vessels and tank vessels. Information developed to demonstrate compliance with other applicable Federal, State, and International (e.g., International Maritime Organization, etc.) requirements may be used to demonstrate compliance with all or part of this subchapter to the extent that the information meets the requirements of this subchapter.
The Area Contingency Plans (ACP) completed by the Coast Guard, State Agencies, and Local Governments, with public participation, as required by the Oil Pollution Act of 1990 (33 USC 2701, et seq.), shall be used as guidelines for determining whether an individual contingency plan provides for the best achievable protection. Some of the documentation from the most recent Area Contingency Plans may be used in lieu of developing comparable documentation to fulfill certain required contingency plan elements.


Note: Authority cited: Section 8670.32(g), Government Code. Reference: Section 8670.32(g), Government Code.

s 825.05. Definitions.
In addition to the definitions in Chapter 1, Section 790 of this subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) "Contract or Other Approved Means" includes any of the following:
(1) a written, signed contractual agreement between a nontank vessel owner/operator and an Oil Spill Response Organization(s) (OSRO) identifying and ensuring the availability of the required personnel and equipment capable of responding to an oil spill within the required response times and in the specified Geographic Regions; or
(2) written certification that the necessary personnel and equipment are owned or operated by the nontank vessel owner/operator and are available within the required response times and in the specified Geographic Regions; or
(3) written evidence of active membership in a local or regional oil spill response organization (OSRO) that has the necessary personnel and equipment to ensure the availability of the required resources capable of responding to an oil spill within the stipulated response times and in the specified Geographic Regions; and a summary of the response services provided, commensurate with the response resources required in this subchapter.
(4) The owner/operator shall notify the Administrator within five days of a change in contracted resources/membership in a local or regional OSRO.
(5) A response person or organization shall be deemed to be in compliance with the applicable contingency plans by acting in good faith to make available the equipment and/or services that such person or organization has agreed to provide.
(b) "Equipment Deployment Exercise" means an exercise of oil spill response equipment identified in an oil spill contingency plan through its actual deployment and operation as it would be used in spill response efforts in an environment of similar water depth, current velocity, tidal range, and substrate to the environment where the equipment may need to be used in an actual oil spill response.
(c) "Implementation of the Plan" means that all essential provisions have been taken to enable the plan or any portion of the plan to become operational.
(d) "Innocent Passage" means navigation through the territorial sea for the purpose of traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
(e) "Letter of Approval" means a letter or other written conveyance issued by the Office of Spill Prevention and Response to an OSRO for its OSRO application, or to the owner/operator of a nontank vessel for its contingency plan following verification, inspection, final review, and approval of the OSRO's application or the nontank vessel's contingency plan, respectively.
(f) "Marine Waters", for the purpose of this subchapter, means those California marine waters subject to tidal influence including all waterways used for waterborne commercial nontank vessel traffic to the Port of Stockton and the Port of Sacramento.
(g) "Nontank Vessel" means a vessel of 300 gross tons or greater, other than a tank vessel, not designed to carry oil as cargo.
(h) "Plan Holder" means the owner/operator of a nontank vessel responsible for the development, submittal, update, maintenance of, and compliance with the oil spill contingency plan required under this subchapter.
(i) "Plan Recipient" means a receiving agency and any other entity who has been designated in this subchapter to receive a copy of the nontank vessel oil spill contingency plan.
(j) "Reasonable Worst Case Spill" means a spill of the total volume of the largest fuel tank on the nontank vessel.
(k) "Shallow-Draft Vessel" means:
(1) for purposes of boom deployment, a vessel that must be able to operate in water depths of two feet or less;
(2) for purposes of skimming operations, a vessel and attendant skimming system that must be able to operate in water depths of three feet or less.
(l) "Spill Management Team" means the personnel identified in an oil spill contingency plan to staff the organizational structure that will manage all aspects of response, containment, and clean up and is able to fully integrate into an Incident Command/Unified Command structure, as required by the National Contingency Plan and the State Marine Oil Spill Contingency Plan.
(m) "Tabletop Exercise" means an exercise of an oil spill contingency plan and the spill management response efforts without the actual deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill.
(n) "Waters of the State", for the purpose of this subchapter, means those California waters subject to tidal influence including all waterways used for waterborne commercial nontank vessel traffic including the Port of Stockton and the Port of Sacramento.


Note: Authority cited: Section 8670.32(g), Government Code. Reference: Section 8670.32(g), Government Code.

s 825.07. General Requirements.
(a) A nontank vessel of 300 gross tons or greater shall not operate in marine waters unless the owner or operator has an oil spill contingency plan prepared and submitted in accordance with this subchapter for the Geographic Regions (as defined in Section 790 of this subdivision) the nontank vessel transits.
(b) No person shall load oil onto, or from a nontank vessel unless the following conditions are met prior to transfer operations:
(1) after initial submittal but prior to approval of the contingency plan, the nontank vessel owner/operator must provide the owner/operator of the marine facility or vessel providing fuel with a certified copy of the letter/certificate acknowledging the receipt of the nontank vessel's oil spill contingency plan by the Administrator, if the marine facility or vessel providing fuel does not already have such a letter on file;
(2) after approval of the initial submittal of the contingency plan, the owner/operator of the nontank vessel must provide the owner/operator of the marine facility or vessel providing fuel with a copy of the letter approving the current oil spill contingency plan for that nontank vessel if the marine facility or vessel providing fuel does not already have such a letter on file;
(3) the nontank vessel owner/operator must notify the marine facility or vessel providing fuel of any change in the approval status not reflected by the letter on file at that marine facility; and
(4) the owner/operator of the nontank vessel must certify that a complete copy of the initial response activity manual for that nontank vessel is on board the nontank vessel.
(5) 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 nontank vessel and the facility or vessel providing fuel. This agreement should specify who will be responsible for notification of the appropriate state and federal agencies. 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.
(c) Each plan shall be consistent with the State Marine Oil Spill Contingency Plan and not in conflict with the National Contingency Plan, or the applicable Federal Area Contingency Plans.
(d) nothing in this subchapter shall, in any manner or respect, impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development 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 this subchapter impair or limit the authority of the California Coastal Commission or San Francisco Bay Conservation and Development 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.
(e) All plans shall be written in English, and the initial response activity manual portion shall also be in a language that is understood by all crew members responsible for carrying out the plan.


Note: Authority cited: Sections 8670.32(a), (b) and (g), Government Code. Reference: Sections 8670.32(a), (b) and (g), Government Code.

s 826. Plan Submittal, Review and Approval.


s 826.01. Plan Submittal.
(a) Plans: Unless otherwise exempt, each owner/operator of a nontank vessel shall provide an oil spill contingency plan for that nontank vessel. The plan may be specific to an individual nontank vessel or may apply to a fleet of nontank vessels. All nontank vessel-specific elements required by Subsections 827.02(a) through (f) of this subchapter shall be addressed for an individual nontank vessel or all the nontank vessels included in a Fleet Plan.
(1) Response Elements:
(A) Nontank Vessel Fleet Plans
Fleet contingency plans may be submitted by an owner/operator that has a number of nontank vessels that transit the same or substantially the same routes in marine waters. Nontank vessels may be added to a fleet tank vessel contingency plan providing all of the requirements of this subchapter are met.
1. A fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter.
(2) Incorporation of Other Plans and Reference Documents
An individual or fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter. Citing specific relevant sections of appropriate reference material may be an acceptable alternative to reproducing the full text, maps, diagrams, etc., in the contingency plan. The Administrator will determine if such submissions or citations adequately meet the requirements of this subchapter prior to final plan approval. Examples of plans or other reference documents that may be submitted or cited include, but are not limited to, the following:
(A) Plans Submitted to International, Federal or State Authorities: Appropriate sections of plans submitted to and approved by any state, federal or international authority may be either submitted or cited, as approved by the Administrator, to meet part of the requirements contained in this subchapter. These references may include documents submitted to comply with California's tank vessel contingency plan requirements, U.S. Coast Guard requirements, or the International Safety Management (ISM) Code.
(B) Federal Area Contingency Plans (ACP) and Geographic Response Plans (GRP): Information from ACP's and GRP's currently in effect which meet the requirements of Subsections 827.02(g) through (n) may be cited. Information from ACP's and GRP's that are not currently in effect must be submitted.
(C) Privately Prepared Reference Documents: Private companies may prepare reference documents specifically intended to address part or all of the requirements of Subsections 827.02(g) through (n) of this subchapter. These documents may incorporate other plans or reference documents pursuant to this Subsection 826.01(a)(2). With a company's authorization, a plan holder may submit such a document in its entirety to meet part or all of the requirements of Subsections 827.02(g) through (n).
(D) Approved OSRO: When contracting with an OSRO, approved by OSPR pursuant to Title 14, California Code of Regulations (CCR) Section 819.02, to meet the oil spill response requirements under this subchapter, the owner/operator may cite the approved OSRO application in lieu of listing the OSRO's response resources which meet the requirements of 14 CCR Section 819.02.
(E) If approved by the Administrator, plans, reference texts and other materials not listed above may be submitted to meet part of the requirements of this subchapter.
(b) Time frames:
(1) Any nontank vessel that is operating, or first begins operating, in marine waters after September 1, 1999, shall submit a contingency plan that is received by OSPR at least seven working days prior to entering marine waters. Nontank vessel owner/operators shall notify the Administrator by facsimile prior to entering marine waters for the harbors of Humboldt Bay, Port Hueneme, Monterey Bay, and San Diego, and the ports of Stockton and Sacramento.
(2) On a one-time basis only, the Administrator may allow a nontank vessel to enter marine waters in a shorter time period if the nontank vessel owner/operator provides to OSPR all of the following:
(A) Nontank vessel name, call sign, official number, length, gross tonnage, fuel type and total volume, capacity of largest fuel tank, type of cargo carried, amount of cargo on-board, destination, intended route while in the marine waters, and address and telephone number of both the owner and operator;
(B) A copy of a valid contract for response resources that meet the requirements of this subchapter;
(C) Identification, including telephone number and facsimile number, of a Qualified Individual; and
(D) Evidence of Financial Responsibility in the amount of three hundred million dollars ($300,000,000).
(c) Receiving Agencies:
(1) One copy of the applicable contingency plan covering each Geographic Region the nontank vessel transits shall be delivered to the Marine Safety Branch of the Office of Spill Prevention and Response within 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) 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.
(3) Any additional copies shall be submitted within two working days of a request by the Administrator.
(4) 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 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 shall contain the confidential information. This plan will be utilized by the Administrator in the review and approval process;
(B) one copy shall 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 8670.32(c) and (g), Government Code. Reference: Sections 8670.32(c) and (g), Government Code.

s 826.02. Plan Format.
Each plan shall be organized into at least two separate volumes: an initial response activity manual and a principal volume or volumes with related appendices. The format for each is outlined below:
(a) Initial Response Activity Manual: A simplified initial response activity manual, suitable for on-scene use in the event of a spill, which summarizes the key notification information outlined in subsection 827.02 (d) and the initial shipboard response actions necessary to minimize the impact of a spill on marine waters, shall be prepared and submitted with each plan.
(1) Nontank vessels that have an approved Ship-board Oil Pollution Emergency Plan (SOPEP), may certify compliance with the emergency ship-board procedures requirements of the SOPEP, or may submit a copy of their Letter of Approval for their SOPEP, in lieu of providing the initial shipboard response actions specified in (a) above. The SOPEP shall be submitted to the Administrator upon request,
(2) The initial response activity manual shall be maintained on board the nontank vessel at all times.
(b) Principal Volume of the Plan:
(1) The principal volume of the plan shall include all the required information including a summary of the conclusions of all studies, calculations and analyses, as applicable.
(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 this subchapter, or alternately with a cross reference to the requirements of this subchapter;
(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 on 8 1/2 by 11 inch paper, in a loose-leaf binder to allow replacement of chapters 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.
(c) References to Other Plans or Documents: If references to other plans or documents are included in a contingency plan, as specified in Section 826.01(a)(2) above, the following must also be submitted:
(1) a listing of all the elements of the individual or fleet nontank vessel contingency plan that will be replaced by elements in the referenced plan or document, with an index specifying the location of the required elements, by regulation section, that will be met by the referenced plan or document.


Note: Authority cited: Section 8670.32(c) and (g), Government Code. Reference: Section 8670.32(c) and (g), Government Code.

s 826.03. Plan Review and Approval.
(a) No nontank vessel shall operate in marine waters until the owner/operator is notified that the contingency plan meets the minimum requirements listed in this subsection. A contingency plan shall be reviewed for these minimum requirements within seven working days of notification that the nontank vessel is entering marine waters, and the vessel owner/operator shall be notified in writing that: 1) the plan meets the minimum requirements; or 2) the plan is deficient and what specific information is needed, and that the nontank vessel shall not enter marine waters until the following information has been provided:
(1) Nontank vessel name, call sign, official number, length, gross tonnage, fuel type and total volume, capacity of largest fuel tank, destination, intended route while in marine waters, and address and telephone number of both the owner and operator;
(2) Evidence of a contract or other approved means (as defined in Section 825.05 of this subchapter), documenting 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, for each Geographic Region the nontank vessel transits;
(3) Identification, including telephone number and facsimile number, of a Qualified Individual; and
(4) Evidence of financial responsibility in the amount of three hundred million dollars ($300,000,000). Documentation that a California Certificate of Financial Responsibility is being processed will fulfill this requirement.
(b) Time frames:
(1) After notification that the plan meets the minimum requirements specified in Subsection (a), each plan shall be reviewed for all the requirements of this subchapter and be approved or denied within 180 days.
(2) The Administrator shall determine whether each plan complies with the regulations governing the contingency planning process. If the administrator determines that a plan is inadequate, a written explanation of deficiencies shall be sent to the plan holder.
(3) Upon notification of a plan's deficiencies, the plan holder will have 90 days to submit a new or modified plan, or make corrections to their original plan. Such a re-submittal shall be treated as a new submittal and processed according to the provisions of this section (b).
(c) Prior and subsequent to plan approval, the Administrator may make an on-site inspection and require an unannounced drill of all or part of any contingency plan submitted in order to determine the plan's adequacy pursuant to the authority in Government Code Section 8670.10(a).
(d) Public Review and Comment: Contingency plans will be made available for review by any interested member of the general public at the headquarter's office of OSPR.
(1) Any person interested in reviewing the plan shall contact the Administrator to request an appointment to review the plan at the headquarter's office 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 or disapproval of the initial plan or plan updates. Such comments will be taken into consideration in the Administrator's review process.
(e) Plan Approval:
(1) Unless the Administrator determines otherwise on a case-by-case basis, a contingency plan will be considered to be effective upon notification per Subsection (a) pending final approval unless and until the owner/operator is notified that the plan is inadequate per Subsection 826.03(f).
(2) A contingency plan shall be approved if it adequately addresses all of the requirements specified in this subchapter.
(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 time frames established in Section 826.03(b).
(4) The Administrator shall consider any comments submitted by other agencies or interested parties when approving or disapproving the plan.
(5) The Administrator shall notify the plan holder when a contingency plan has been approved. The Administrator shall issue a letter of approval and certificate describing the conditions of approval, if any, and specifying the expiration date of the Letter of Approval and certificate.
(f) Denial or Revocation of Plan:
(1) Approval shall be denied or revoked if a plan does not comply or maintain compliance with this subchapter.
(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 from notification to submit a new or revised plan that incorporates the recommended changes, during which time the plan is considered effective pending final approval.
(B) No nontank vessel shall operate in marine waters if it fails to gain approval of its contingency plan after the second submission, until a subsequent submission is approved.
(g) Appeals: The plan holder may appeal a decision made by the Administrator regarding a 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 denial or revocation of approval. Requests must be submitted within 15 calendar days from the date the plan holder receives notice that final 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 working days following the receipt of the request for reconsideration, the Administrator shall send the plan holder a notice that the decision has been rescinded and that the plan is approved, or that the Administrator rejects the request for reconsideration and shall adhere to the earlier decision;
(3) the plan holder may, within 15 calendar 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: A nontank vessel plan holder shall keep the Letter of Approval, or a copy certified to be true and accurate, filed in the front of the initial response activity manual carried aboard the nontank vessel. The approval letter or certificate shall be presented upon request to any official representing the Administrator, or to the operator of a marine facility or vessel providing fuel 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.


Note: Authority cited: Sections 8670.32(b), (c) and (g), Government Code. Reference: Sections 8670.132(g), and (h), 11400-11470.50 and 11460.80, Government Code.

s 826.04. Plan Implementation and Use.
(a) Availability:
(1) Nontank Vessel Initial Response Activity Manual
(A) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual.
(B) The owner/operator shall maintain a copy of the nontank vessel's approved initial response activity manual on board the nontank vessel at all times.
(C) The approved initial response activity manual must be in a central location accessible to key response personnel at all times.
(2) The qualified individual shall maintain a complete copy of the contingency plan including the initial response activity manual and any material referenced in the plan. The plan and any referenced material must be available for use in the event of an incident.
(3) Immediate Notification Information
(A) the immediate response and notification information shall be posted in a conspicuous location with access to a telephone, or other similar means of communication. This information shall include the names and telephone numbers of the individuals, agencies and organizations who must be immediately notified when a spill occurs.
(b) Implementation:
(1) Each contingency plan shall be effective upon submittal, pending final approval, or until denied or revoked, as described in Section 826.03(f).
(2) An owner/operator, or any of his/her agents and employees shall use and implement the contingency plan in the event of an oil spill or an oil spill drill.
(3) 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.
(4) All involved parties shall carry out whatever direction is given by the Administrator in connection with the response, containment, and clean up of a spill. A responsible party or potentially responsible 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 U.S. 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.
(5) 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 who 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 to the Administrator 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.
(6) 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 an approved State Marine Oil Spill Contingency Plan and not in conflict with the National 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: Section 8670.32(g), Government Code. Reference: Section 8670.32(g), Government Code.

s 826.05. Plan Updates/Resubmission.
(a) Time frames:
(1) Update and Review
(A) All existing plans for nontank vessels shall be resubmitted for review on September 1, 2001, and then once every five years thereafter.
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 Contingency 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 Administrator shall notify the owner/operator in writing if an earlier update is required. The notice shall include an explanation for the reasons for the update and the time frame to comply with the resubmission. The circumstances that would warrant an earlier review or update include, but are not limited to, the following:
1. a change in regulations or statute;
2. the development of new oil spill response technologies as determined by the Administrator during any review of response capability standards;
3. deficiencies identified during the Administrator's review of all the oil spill contingency plans;
4. an increased need to protect plant and wildlife habitat;
5. deficiencies in oil spill response capability identified during an oil spill;
6. deficiencies in oil spill response capability identified during an oil spill drill;
7. significant changes to the nontank vessel; and
8. any other situation deemed appropriate by the Administrator where deficiencies in the ability to provide timely and effective oil spill response are identified.
(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 responseincluding changes in nontank vessel ownership or P&I club coverage. (continued)