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2. Changes which are not significant include minor changes in equipment, personnel, or operating procedures which do not affect timely and adequate oil spill response.
3. As soon as administratively feasible, the Administrator will approve any change that would benefit the public health and safety, improve environmental protection, or facilitate more effective response, containment and clean up.
(b) Review and Approval of Plan Updates:
(1) The Administrator shall deny approval of a resubmitted plan, or updated section(s) of a plan, if it is no longer adequate according to the adopted regulations in effect at the time of resubmission.
(2) The review will be processed in accordance with the same time frames and procedures for submission of the initial plan.
(c) Logging and Distributing the Revised Plan:
(1) within 15-days of the Administrator's approval of revisions:
(A) the contingency plan holder shall distribute the revised plan page(s) to all plan recipients.
Faxed updates for insertion into the plan are not acceptable.
(2) The updated page(s) shall have an update number and date revised on the bottom of each page, and shall be accompanied by an index of updates that includes update number, date revised, page(s) revised, and subject matter of update. In addition to the hard copy, this information may be submitted on electronic media, in a format approved by the Administrator.
(3) The log sheet, located in the front of the plan, shall be used to record the date the amendment was received, the initials of the individual who received the amendment, and a description of the change.
(d) Each plan recipient and/or each plan holder, as appropriate, must incorporate and utilize all updated materials as provided by the plan holder.


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

s 826.06. Compliance Requirements/Penalties.
(a) Except as provided in Subsection 827.01(b) of this subchapter, any nontank vessel subject to the provisions of this subchapter that enters marine waters without an approved contingency plan required by this subchapter or a certificate of financial responsibility issued by the Administrator shall be subject to an administrative civil penalty of up to one hundred thousand dollars ($100,000). The Administrator shall assess the civil penalty against the owner or operator of the nontank vessel. Each day the owner/operator of such a nontank vessel is in violation shall be considered a separate violation.
(b) Except as provided in Subsection 827.01(b) of this subchapter, any nontank vessel owner/operator who knowingly and intentionally has the nontank vessel enter marine waters without an approved contingency plan required by this subchapter or a certificate of financial responsibility issued by the Administrator is guilty of a misdemeanor punishable by up to one year of imprisonment in the county jail, or by a fine of up to ten thousand dollars ($10,000), or by both the imprisonment and a fine. Each day the owner/operator of such a nontank vessel is in knowing and intentional violation shall be considered a separate violation.


Note: Authority cited: Sections 8670.32(g), (l) and 8670.57,Government Code. Reference: Sections 8670.32(g), (l) and (m),Government Code.

s 827. Nontank Vessel Contingency Plans.


s 827.01. Applicability.
(a) Plans: Unless nontank vessels are exempt as provided in Subsection (b) below, oil spill contingency plans shall be prepared, submitted and used pursuant to the requirements of this subchapter by all nontank vessels, 300 gross tons or greater, which transit in marine waters (as defined in Section 825.05 of this subchapter).
(b) Exemptions:
(1) Contingency plans are not required for non-self propelled nontank vessels that do not carry any oil.
(2) This subchapter shall not apply to a nontank vessel that enters marine waters because of imminent danger to the crew, or in an effort to prevent an oil spill or other harm to public safety or the environment. This exemption applies if the following are met:
(A) the operator and crew comply with all orders given by the Administrator or his/her designee, unless the orders are contradicted by orders from the U.S. Coast Guard;
(B) the nontank vessel shall leave marine waters as soon as it is safe to do so, unless a contingency plan is approved or made applicable to its operation.
(3) Response Vessels
Contingency plans are not required for dedicated response vessels, which are those vessels that are dedicated to conducting response activities for an oil spill incident exclusively.
(4) Innocent Passage
Contingency plans are not required for nontank vessels engaged in innocent passage (as defined in Section 825.05 of this subchapter) within the waters of the state.


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

s 827.02. Nontank Vessel Plan Content.
Nontank vessel owner/operators shall submit an individual nontank vessel or fleet contingency plan which shall include all of the information required by Subsections 827.02 (a) through (n) for each of the Geographic Regions the nontank vessel transits. Some of the documentation described in Subsection 826.01(a)(2) may be used in lieu of developing comparable documentation to fulfill certain required contingency plan elements if the documentation meets the requirements of this subchapter. Note:Subsections 827.02(a) through (f) contain the nontank vessel-specific elements of an oil spill contingency plan.
(a) Introductory Material:
(1) The owner/operator shall provide the following information for each nontank vessel covered by the plan:
(A) the nontank vessel's name, country of registry, radio call sign, official identification number, IMO number and Lloyd's identification number;
(B) name, address and phone number of the owner and/or operator of the nontank vessel(s). This information shall be referenced in the plan title or on a title page at the front of the plan;
(C) the name, address and phone number of the person to whom correspondence should be sent;
(D) the nontank vessel's classification, hull type, gross tonnage, maximum fuel amounts, length, draft and beam;
(E) Certification Statement
1. Owner/operators shall provide a certification statement signed under penalty of perjury by an executive within the plan holder's management who is authorized to fully implement the oil spill contingency plan, who shall review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the are of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holders' management structure who has this requisite training, knowledge, and experience. The certification shall be submitted according to the following format:
"I certify, to the best of my knowledge and belief, under penalty of perjury under the laws of the state of California, that the nontank vessel-specific information contained in this contingency plan is true and correct and that the plan as a whole is both feasible and executable."
__________ (Signature), (title), (date);
(F) the California Certificate of Financial Responsibility (COFR) number for the nontank vessel(s) covered by the plan shall be included in the front of the plan or for fleet shall be indexed separately in a subsection of the plan.
(G) 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.
(H) a copy of the nontank vessel's oil transfer procedures, in English.
(2) Each plan shall identify a Qualified Individual (as defined in Chapter 1, Section 790 of this subdivision) and any alternates that may be necessary for the purpose of implementing the plan, and provide documentation that the Qualified Individual and any identified alternates acknowledge this capacity, for each nontank vessel covered by the plan. If an alternate or alternates are identified in the plan, then the plan shall also describe the process by which responsibility will be transferred from the Qualified Individual to an alternate. During spill response activities, notification of such a transfer must be made to the State Incident Commander at the time it occurs.
(3) Each plan shall provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of each plan holder covered by the plan, and provide documentation that the agent for service of process acknowledges this capacity. Such agent shall be located in California.
(b) Nontank Vessel Fuel and Tankage Description/Capacity:
(1) The owner/operator shall provide information on the type(s) of fuel(s) normally used by each nontank vessel covered by the plan. A material safety data sheet (MSDS) or equivalent for each type of fuel used shall be provided to the Administrator upon request.
(2) Each plan shall provide information on the total fuel capacity and the capacity of the largest fuel tank, of each nontank vessel covered by the plan.
(c) Prevention Measures:
(1) As applicable, the owner/operator shall either submit a Certificate Of Inspection (COI) issued by the U. S. Coast Guard, or a summary of certificates issued by a member of the International Association of Classification Societies of the most recent nontank vessel inspection, or verify that the nontank vessel has such a certificate or summary and that the certificate is available for review.
(2) Nontank Vessels Subject to The International Safety Management Code
(A) The owner/operator shall also submit a copy of their Safety Management Certificate to demonstrate compliance with the performance elements in the International Safety Management (ISM) Code subject to IMO Resolution A.741(18), or shall submit proof of compliance with the American Waterways Operator (AWO) Responsible Carrier Program, whichever is applicable. ISM Code requirements currently apply to: passenger ships, including passenger high speed craft; oil tankers; chemical tankers; gas carriers; bulk carriers; and cargo high-speed craft of 500 gross tons or greater.
(B) ISM Code requirements will apply to other cargo ships and mobile offshore drilling units of 500 gross tons or greater on July 1, 2002, and the owner/operator shall submit a copy of their Safety Management Certificate on or before that date.
(3) Bunkering Operations
(A) When conducting bunkering operations in marine waters, a nontank vessel shall carry a seven-barrel spill kit for on-deck oil spills containing the following:
1. sorbents sufficient to absorb seven barrels of oil;
2. non-sparking hand scoops, shovels, and buckets;
3. portable containers suitable for holding seven barrels of recovered solid waste and seven barrels of recovered liquid waste;
4. a minimum of 15 gallons of a deck cleaning agent;
5. appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact;
6. non-sparking portable pumps with appropriate hoses; and
7. the equipment required in this section shall remain ready and pumps with appropriate hoses shall be rigged for immediate use during bunkering operations.
(B) The equipment, personnel and procedures sufficient to contain a 50 barrel spill shall be present on-site during all transfer operations and deployable immediately in the event of an oil spill. Response resources owned or under contract to the marine facility or tank vessel engaged in oil transfer operations may be used to meet this requirement.
(d) Notification Procedures:
(1) The owner/operator shall provide a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. The plan shall:
(A) 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 or office is unavailable.
(B) detail the procedures for reporting oil spills to all appropriate local, state and federal agencies within each of the six Geographic Regions that the nontank vessel transits;
(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 spill response contractor in each of the six Geographic Regions that the nontank vessel transits 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 Governor's 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) Each plan shall include all phone numbers necessary to complete the immediate notification procedures.
(3) Each plan should identify a call-out procedure to acquire equipment in addition to that under contract, to access this equipment if the nontank vessel has a spill that exceeds its reasonable worst case spill.
(4) Each plan shall provide a checklist of the information to be reported in the notification procedures, including but not limited to:
(A) nontank vessel name, country of registry, call sign, and official number;
(B) location of the incident;
(C) date and time of the incident;
(D) course, speed and intended track of the nontank vessel;
(E) the nature of the incident;
(F) an estimate of the volume of oil spilled and the volume at immediate risk of spillage;
(G) the type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
(H) the size and appearance of the slick;
(I) prevailing weather and sea conditions;
(J) actions taken or planned by personnel on scene;
(K) current condition of the nontank vessel;
(L) injuries and fatalities; and
(M) any other information as appropriate.
(5) Reporting of a spill as required by Subsection 827.02(d)(2) shall not be delayed solely to gather all the information required by Subsection 827.02(d)(4). If the required information is not available, the plan shall specify how the information will be obtained.
(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 Office of 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 time frame, as needed. Updated spill volume information included in the Incident Action Plan developed through the Unified Command may meet the requirements of this subsection.
(e) Shipboard Drills and Exercises - Type and Frequency: Note: Spill management team and response organization drills and exercises are addressed in Section 827.02(m) of this subchapter.
(1) The following are the necessary shipboard drill and exercise frequencies for all nontank vessels:
(A) nontank vessel onboard emergency procedures and Qualified Individual notification drills shall be conducted quarterly, or 72 hours prior to entering marine waters, whichever is less often;
1. annually, one of the emergency procedures drills shall be a fuel spill on the deck of the nontank vessel utilizing the seven-barrel spill kit as stipulated in Section 827.02(c)(3)(A), of this subchapter;
(2) Training sessions may constitute creditable drills and exercises if all requirements of Subsections 820.01(b) through (f) ( "Drills and Exercises - Evaluation and Credit") of this subdivision are met. Onboard emergency procedure drills conducted aboard the nontank vessel and properly logged may be credited.
(3) The nontank vessel owner/operator shall maintain adequate records of drills and exercises for a period of at least three years which shall include the following:
(A) all drills and exercises conducted aboard the nontank vessel shall be documented in the ship's log;
(B) records of any off-nontank vessel drills and exercises (i.e., drills and exercises not held aboard the nontank vessel) of the response organization and resources identified in the contingency plan shall be maintained at the United States location of either the Qualified Individual or the nontank vessel owner/operator. Contingency plans should indicate the location of these records. Note: Evaluation and credit criteria for drills and exercises are described in Section 820.01 of this subdivision.
(f) Post-Spill Review: 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 clean-up procedures.
(B) The review shall be used by the Administrator only for the purposes of proposing future amendments to the contingency plan. Note: Subsections 827.02(g) through (n) contain the response elements of an oil spill contingency plan.
(g) Planning for the Location of Response Resources: The owner/operator must be prepared to respond to a spill anywhere within marine waters where the nontank vessel operates. To determine the regions in which response equipment and personnel must be available, it is first necessary to determine those areas of likely spill impact. The trajectories established for the scenarios from the most recent Area Contingency Plans (ACP) may be used, if appropriate and approved by the Administrator; otherwise, information shall be developed as follows:
(1) Navigational Hazard Analysis
Each plan shall include a Navigational Hazard Analysis for those areas the nontank vessel transits within the waters of the state. (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)). Such an analysis shall include the following:
(A) a description of the nontank vessel's normal routes of travel including a list of each of the six Geographic Regions (as defined in Chapter 1, Section 790 of this subdivision) that the nontank vessel transits along these routes;
(B) an analysis of the navigational hazards along the nontank vessel's normal routes of travel. This analysis shall be specific to each of the six Geographic Regions, as applicable. The plan shall include a summary of the results of this analysis which shall include the following:
1. a list of those hazards identified such as bars, off-shore structures, harbor entrances, areas of significant traffic congestion, hazards specific to the regular ports of call, and hazards associated with principal transfer operations;
2. a review, based on proximity to shore and the availability of stand-by towing and/or other support capability, of those situations where a loss of power, navigational ability or other significant incidents may result in groundings, collisions, strandings, or explosions.
(2) Environmental Consequence Analysis
(A) For the significant hazards identified in the Navigational Hazard Analysis the nontank vessel shall conduct a trajectory analysis to determine the environmental consequences of an oil spill. This analysis shall apply to the reasonable worst case spill volume and shall assume pessimistic water and air dispersion and other adverse environmental conditions. This analysis is intended to be used as the basis for determining those 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 and most recent Area Contingency Plan completed by the Coast Guard, State Agencies, and local Governments pursuant to the Oil Pollution Act of 1990. The analysis shall include at least the following:
1. a trajectory to determine the potential direction, rate of flow and time of travel of the reasonable worst case oil spill from the nontank vessel 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;
2. 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 Environmental 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.
(A) The map of environmentally sensitive areas shall either be the applicable ACP maps, or alternative maps that 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; and
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 indicate:
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. intertidal and subtidal drilling leases;
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 826.01(d);
5. areas of cultural or economic significance to Native Americans; and
6. major waterways and vessel traffic routes that are likely to be impacted.
(h) On-Water Containment and Recovery:
(1) Each plan must provide for the on-water containment and recovery of all potential spills from the nontank vessel that could reasonably be expected to impact marine waters. Additionally, each plan must also demonstrate response capabilities sufficient to address potential spills in each Geographic Region through which the nontank vessel may transit. To determine the amount of containment and recovery capability that must be available, the reasonable worst case spill volume must be determined, which is the total volume of the single largest fuel tank of all the nontank vessels covered by the plan.
Each plan shall contain a copy of the contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or clean-up capacities covered by the contract.
(2) Response Capability Standards
The equipment and personnel necessary to address the reasonable worst case spill are brought to the scene of the spill within a period of time. The time frames are dependent upon the risk zone in which the nontank vessel is located and is specified in Subsection (B), below.
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 nontank vessel has a spill that exceeds its reasonable worst case spill. 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 amount necessary to address the reasonable worst case spill volume.
2. The time frames for equipment delivery are specified in Subsection 827.02(h)(2)(B), below. Appropriate equipment to address the reasonable worst case spill volume must be capable of being at the scene of the spill at the hour specified which is measured from the time of notification, as described in Subsection 827.02(d) of 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 time frame for each risk zone.
3. The time frames 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 827.02(j)(6), and as required by the California Occupational Safety and Health Administration. In addition, these time frames 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) Delivery Times
1. Nontank vessels operating in High-Volume Ports (as defined in Section 790 of this subdivision) shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within 12 hours of notification, except as provided below:
i. nontank vessels that transit: 1) inward of the inland line of demarcation as described in 33 CFR Section 80.1142 for San Francisco harbor; 2) inwards of a six nautical mile radius of Long Beach Light (LLNR 3025) [33-43.4N, 118- 11.2W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751; and 3) the Ports of Stockton and Sacramento, shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within six hours.
ii. in addition, when conducting bunkering operations within the High Volume Ports and the ports of Stockton and Sacramento, there must be 2500 barrels/day or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification;
iii. if containment equipment for a 2500 barrel spill, or 10% of the nontank vessel's total fuel capacity, whichever is less, can immediately be deployed, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
iv. In addition nontank vessels, when not conducting bunkering operations, but when operating in the Ports of Stockton and Sacramento shall have containment boom and associated deployment equipment for a 2500 barrel spill pre-staged such that it can be immediately deployed.
2. Nontank vessels operating in Facility/Transfer Areas or the Santa Barbara Channel Area (as defined in Section 790 of this subdivision) shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within 12 hours of notification.
i. in addition, when conducting bunkering operations within the Facility/Transfer Areas or the Santa Barbara Channel Area, there must be 2500 barrels/day, or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification;
ii. if containment equipment for a 2500 barrel spill, or 10% of the nontank vessel's total fuel capacity, whichever is less, can immediately be deployed, the initial on-water recovery capability can be on-scene within three hours rather than two hours.
iii. In addition, nontank vessels, when not conducting bunkering operations but when operating in Humboldt Bay and Monterey Bay, shall have containment boom and associated deployment equipment for a 2500 barrel spill pre-staged such that it can be immediately deployed.
3. Nontank vessels that transit along the Balance of the Coast (as defined in Section 790 of this subdivision), within marine waters shall have the on-water recovery capability to address the nontank vessel's reasonable worst case spill volume at the scene of the spill within 18 hours of notification.
i. in addition, when conducting bunkering operations within the Balance of the Coast there must be 2500 barrels/day, or 10% of the nontank vessel's total fuel capacity, whichever is less, of on-water recovery capability that can be mobilized and on-scene within two hours of notification.
(3) On-Water Response Equipment and Services
(A) Each plan shall demonstrate that the nontank vessel has under contract or other approved means (as defined in Section 825.05 of this subchapter), access to all necessary equipment and services to comply with the required on-water containment and recovery established pursuant to Subsection 827.02(h)(2)(B). The amount of response equipment required will 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 825.05 of this subchapter) to be under contract and available to respond to provide shoreline protection of the sensitive sites potentially impacted by a spill. Additionally, the equipment identified shall also be appropriate for use on the type of oil identified. The following information shall 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 manufacturer's rated capacities and operational characteristics for each major item of oil recovery equipment;
4. the type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
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 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. a salvage company or program in each area of operation, with appropriate expertise and equipment that may be contracted at the time of a spill if such services become necessary.
This Subsection (h)(3)(B)(10) shall remain in effect only until June 30, 2002, and as of that date is repealed, unless a later enacted regulatory action deletes or extends that date. Note: See related Subsection (n) of this section.
11. a procedure to call out private vessel firefighting capability that will respond to casualties in the area(s) in which the nontank vessel will operate; and
12. 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 of the spill management personnel and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision;
2. 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;
3. 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; and
4. sufficient personnel to maintain a response effort of at least 14 days.
(D) 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 conditions that could restrict response efforts.
(E) Any equipment and personnel identified in the plan to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventualities 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 moved, 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 not disapproved such removal within 24 hours of notification.
(4) the equipment owner shall notify the Administrator when the major equipment is back in service.
(4) 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.
(C) The plan holder may propose the use of non-mechanical methods for response operations which may include dispersants, in-situ burning, coagulants, bioremediants, or other chemical agents. 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 Contingency Plan, the applicable 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. For the use of chemical agents, a description of the specific mechanisms in place to assess the environmental consequences of the Chemical Agent. This description 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 non-mechanical methods, and the time line for obtaining them;
4. a plan for protecting resources at risk, areas of public concern, and the public from any adverse effects of the non-mechanical methods 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 methods in the marine environment.
(D) methods for tracking the movement of the discharged oil; and
(E) locations 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.
(i) Shoreline Protection and Clean-up:
(1) Each plan must provide for shoreline protection and clean-up of all areas identified as potential spill sites in the environmental consequence analysis or most recent ACP, as applicable. Each plan shall demonstrate that the nontank vessel has access to all necessary equipment and services to address the protection and response strategies appropriate to each shoreline that could potentially be impacted by a spill from the nontank vessel.
To determine the amount and type of shoreline protection and clean-up capability that must be under contract in each of these areas, the plan shall either: 1) demonstrate sufficient equipment and personnel to deploy and implement the shoreline protection strategies outlined in the most recent ACP scenario(s), if appropriate and approved by the Administrator, or; 2) demonstrate sufficient equipment and personnel to deploy and implement the shoreline protection strategies for the reasonable worst case spill volume, which is the total volume of the single largest fuel tank on all of the nontank vessels covered by the plan, for the areas identified as potential spill sites in the environmental consequence analysis.
Each plan shall contain a copy of the contract or other approved means (as defined in Section 825.05 of this subchapter), documenting that any oil spill response organization(s) that are named in the plan will provide the requisite equipment and personnel in the event of an oil spill, for each Geographic Region the nontank vessel transits. This requirement can be met by a copy of the basic written agreement with an abstract of the recovery and/or clean-up capacities covered by the contract.
(2) Shoreline Protection Equipment and Services
Each plan must identify, and ensure availability through a contract or other approved means (as defined in Section 825.05 of this subchapter), an oil spill response organization capable of effecting shoreline protection strategies. Such protection strategies must be commensurate with the reasonable worst case spill volume for potential shoreline impact, and must be capable of addressing all appropriate protection, response and clean-up strategies.
(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 shall 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; and
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 of the spill management personnel and their relevant qualifications including a discussion of spill response training and experience, regulatory awareness and compliance, and supervision;
2. 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;
3. 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; and
4. sufficient personnel to maintain a response effort of at least 14 days.
(C) Any equipment and personnel identified in the plan to meet the planning standard requirements must be available for response. Any necessary maintenance for the equipment, vacation periods for response personnel, or other eventualities 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 moved, 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 not disapproved such removal within 24 hours of notification.
(4) the equipment owner shall notify the Administrator when the major equipment is back in service.
(3) Shoreline Protection Capability Standards
(A) Each plan must provide sufficient diversionary and protective boom and any other shoreline protection equipment deemed appropriate. The amount of such equipment may be determined from information provided in the applicable and most recent Area Contingency Plan, and shall be available as follows:
1. the equipment must be available to protect the environmental, economic or culturally sensitive shoreline areas as identified in the applicable and most recent ACP scenario or other trajectory analysis conducted pursuant to Section 827.02(g)(2)(A) as being potentially impacted by a spill. To protect these sensitive sites, the equipment must be on-site and ready for deployment in 2 hours or, if determined, by the times established by the trajectories in the ACP scenarios, if appropriate and approved by the Administrator, or other trajectory analysis conducted pursuant to Section 827.02(g)(2)(A).
(4) Shoreline Protection and Clean-Up Strategies
(A) 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:
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 environmental consequence analysis;
2. methods for shore side clean-up, including containment and removal of surface oil, subsurface oil and oiled debris and vegetation from all applicable shorelines, adjacent land and beach types; and
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 and the expected spill impact sites as identified in the applicable and most recent ACP, if appropriate and approved by the Administrator; and the resources at risk at those spill sites.
(C) Each plan must utilize all the strategies appropriate to the potential impact sites.
(j) Response Procedures: Some of the documentation from the most recent Area Contingency Plans may be used in lieu of developing comparable response procedures, if appropriate and approved by the Administrator.
(1) The owner/operator shall include in the plan a description of the organization of the nontank vessel's spill management team and spill response system. An organizational diagram depicting the chain of command shall also be included. Additionally, the plan shall describe the method to be used to integrate 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(q)(3)(A). Each plan shall identify a Spill Management Team (as defined in Section 825.05 of this subchapter), and provide documentation that the Spill Management Team acknowledges this capacity.
(A) The plan holder may utilize the procedures outlined in the appropriate and most recent Area Contingency Plan when describing how the nontank vessel's chain of command will interface with the State Incident Command System which utilizes the Unified Command.
(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 holders' safety program, as it relates to an oil spill incident, and the method by which their Safety Officer 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; and
(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 clean-up. 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 detail the lines of communications between the responsible party, the Qualified Individual and the on-scene commanders, response teams, 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.
(5) 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.
(6) Prior to beginning oil spill response operations and clean-up activities, a Site Safety Plan must be completed. Each Site Safety Plan shall include information as required pursuant to Title 8, Section 5192(p)(8)(D)(2) of the California Code of Regulations including, but not limited to, a written respiratory protection program, written personal protection 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. (continued)