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(continued)
(k) Temporary Storage and Waste Management:
(1) Each plan shall identify sufficient temporary storage for all recovered oil or all oily waste, and identify facilities that would be able to accept the recovered oil or oily waste for recycling or other means of waste management. Sufficient temporary storage shall be no less than two times the reasonable worst case spill volume for the nontank vessel.
(2) Each plan shall identify the party that shall maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
(3) Each plan shall describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and clean-up operations, including known available sites.
(4) Each plan shall identify all applicable permits, and all federal, state and local agencies responsible for issuing those permits for transit, temporary storage and ultimate waste management of all wastes likely to result from an oil spill.
(5) Each plan shall include information which could expedite the state approval process for the use of temporary waste storage sites, including a list of appropriate contacts and a description of procedures to be followed for each approval process.
(l) Oiled Wildlife Care Requirements: The owner/operator shall provide information to include in the plan on how oiled wildlife care will be provided by one of the following approved means:
(1) utilize the California Oiled Wildlife Care Network (OWCN) to meet oiled wildlife care requirements: or
(2) describe procedures that clearly outline how oiled wildlife care will be provided. The equipment, facilities, and personnel necessary to implement these procedures must be identified and assured by contract for each Geographic Region covered by the plan. Standards for wildlife care must comply with all applicable State and federal laws.
(m) Spill Management Team and Response Organization Drills and Exercises - Type and Frequency:
(1) A nontank vessel owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency. Each plan shall describe the nontank vessel's drill and exercise program, including how the plan assures shoreline protection strategies (for all environmentally sensitive sites identified as potentially impacted) will be exercised, as outlined in Section 820.01(f) of this subdivision. The following are the necessary drill and exercise frequencies for all nontank vessels:
(A) a shore-based spill management team tabletop exercise shall be conducted annually;
(B) oil spill response organization field equipment deployment exercises shall be conducted at least once every three years. Credit shall be given to OSRO exercises conducted to fulfill the equipment deployment requirements for tank vessels.
(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.
(3) Drills shall be designed by the nontank vessel owner/operator to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.
(4) The nontank vessel owner/operator shall maintain adequate records of drills and exercises, for a period of at least three years, to include the following:
(A) 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.
(n) Salvage Equipment and Services:
(1) Notification Requirements: Any party responsible for a nontank vessel as defined in this subdivision shall notify the U.S. Coast Guard within one hour of a disability (as defined in Government Code Section 8670.20(b)) if the disabled nontank vessel is within 12 miles of the shore of the state.
(2) Salvage Equipment and Services: The following provisions will become effective July 1, 2002, unless repealed. The equipment and service provisions shall be repealed if comparable salvage requirements are implemented through the ACP planning process and submitted to the Administrator for review and approval, prior to July 1, 2002. The Administrator can extend the implementation date of this section for 120 days if implementation of any of the ACP's is delayed and it appears that such an extension would serve the intent of this subsection.
Salvage means all services rendered to save a nontank vessel and cargo from any marine peril that could reasonably cause a discharge of oil into the waters of the state, and includes those actions necessary to control or stabilize the nontank vessel or cargo.
(A) All nontank vessels required to have a contingency plan pursuant to Section 827.01(a) must demonstrate sufficient salvage capability as outlined in this section;
(B) Availability of the following salvage equipment and services shall be demonstrated by sufficient in-house capability or a signed, valid contract with a salvage company or program. Any company or program secured by contract must have the appropriate expertise, and all required equipment ready and available to respond in the time frames specified in this section. Time frames are determined from the time the U.S. Coast Guard is notified that the nontank vessel is disabled:
1. within 12 hours of notification:
i. a support vessel of the appropriate size, configuration, and operating capability to ensure stabilization of a disabled nontank vessel. The support vessel must be capable of reaching the nontank vessel before the nontank vessel would run aground. In determining the time it would take for a nontank vessel to run aground, an estimate shall be made based on the drift rate in the worst case weather assuming the complete loss of power and steerage;
ii. a professional salvor or salvage supervisor who shall be familiar with the capabilities of the salvage company, and the salvage, stability, and hull stress assessments of the nontank vessel. These assessments shall be developed pursuant to the shipboard spill mitigation procedures as set forth in 33 CFR, Part 155.1035(c)). A professional salvor or salvage supervisor is someone who has the appropriate training and/or experience necessary to supervise any salvage operation appropriate for the nontank vessel being serviced;
iii. a private vessel firefighting capability that will respond to casualties in the area(s) in which the nontank vessel will operate. This capability shall be a supplement to the firefighting capability on board the nontank vessel;
iv. dewatering pumps, hoses, and power supplies sufficient to maintain nontank vessel stability and prevent sinking.
2. within 18 hours of notification, and to the extent necessary to avoid a pollution incident:
i. resources for shoring, patching or making other emergency, temporary repairs to correct structural, stability, or mechanical problems on the nontank vessel;
ii. equipment necessary to tow an incapacitated nontank vessel to a safe haven.
(C) The following salvage equipment and services shall be made available within 48 hours of notifying the U.S. Coast Guard, to the extent necessary to avoid a pollution incident;
1. harbor clearance capability;
2. deep water search and recovery capability;
3. equipment necessary to refloat a nontank vessel from a stranding;
4. wreck removal capability.


Note: Authority cited: Sections 8670.5, 8670.7, 8670.10, 8670.20, 8670.25, 8670.25.5 and 8670.32, Government Code. Reference: Sections 8670.10, 8670.12, 8670.20, 8670.25, 8670.25.5 and 8670.32, Government Code.

s 840. Short Title.
This subchapter shall be known and may be cited as the Department of Fish and Game, Office of Spill Prevention and Response, Oil Transfer and Vessel Operation Regulations.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.7 and 8670.17, Government Code.
s 840.1. Applicability.
(a) The provisions of this subchapter shall apply to:
(1) all oil transfer operations other than internal vessel transfers regardless of the quantity being transferred, conducted within California marine waters, or a shore-based transfer where a spill could impact California marine waters, except as noted in (b) below; and
(2) all drydock associated oil transfers including, but not limited to, oil transfers to or from a tank vessel or nontank vessel in drydock; oil transfers to or from tanks (portable and/or fixed) within the drydock; and oil transfers to or from the drydock; and
(3) all vessels engaged in oil transfer operations. For the purpose of this subchapter, "vessel" is not limited to the definition in Chapter 1, Section 790, of this subdivision and includes tank vessels and nontank vessels.
(b) This subchapter does not apply to:
(1) nontank vessels with an oil carrying capacity of less than 250 barrels;
(2) oil transfers to or from a marine terminal;
(3) small craft refueling docks as defined in Chapter 1, Section 790 of this subdivision;
(4) public vessels as "public vessels" are defined in 33 United States Code (USC) 2701;
(5) dedicated oil spill response vessels when conducting response operations in a response area; or
(6) vessels of opportunity as defined in Chapter 1, Section 790 of this subdivision.
(7) internal vessel transfers.
(c) Both the transfer unit and the receiving unit may be monitored by Staff during any phase of the oil transfer operation.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14, 8670.17 and 8670.18, Government Code.
s 840.2. Administration.
(a) The Staff shall administer this subchapter and shall thereby seek to provide for the following:
(1) the prevention and elimination of any contamination or pollution of the ocean and tidelands,
(2) the prevention and elimination of waste from the marine waters,
(3) the conservation of natural resources,
(4) the protection of human health and safety, and
(5) the protection of the environment.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2, Government Code.

s 841. 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) "#1 and #2 Grade Oils", for the purpose of this subchapter, means oils with an API gravity of 35 to 40 and are primarily intended for use in internal combustion engines that use compression for ignition, or used in turbine engines, or used as a heating oil.
(b) "Boom", for the purpose of this subchapter, means flotation boom or other effective barrier containment material suitable for containment of oil that is discharged onto the surface of the water.
(c) "Person in charge"means that person as defined in 33 CFR 154.105.
(d) "Receiving Unit" means any tank vessel, nontank vessel or marine facility which is not a marine terminal, which receives oil during an oil transfer operation.
(e) "Small marine fueling facility" means either of the following:
(A) a mobile transfer unit, or
(B) a fixed facility that is not a marine terminal, which dispenses primarily nonpersistent oil, and may dispense small amounts of persistent oil, primarily to small craft, and meets all of the following criteria:
(1) has tank storage capacity not exceeding 40,000 gallons in any single storage tank or storage tank compartment.
(2) has total usable tank storage capacity not exceeding 75,000 gallons.
(3) had an annual throughput volume of over-the-water transfers of oil that did not exceed 3,000,000 gallons during the most recent preceding 12-month period.
(f) "SOLAS" means the International Convention for Safety of Life at Sea 1974, and the Protocols of 1978 and 1988, published in SOLAS, consolidated edition 1997, IMO Publications, International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom.
(g) "Staff" means the Administrator or any personnel within the California Department of Fish and Game authorized to act on behalf of the Administrator.
(h) "Transfer" or "Transfer Operation" means the transfer of oil.
(i) "Transfer Unit" means any tank vessel, nontank vessel, or marine facility from which oil is transferred to another vessel or marine facility which is not a marine terminal, during an oil transfer operation.


Note: Authority cited: Sections 8670.17, 8670.18 and 8670.28, Government Code. Reference: Section 8670.3, Government Code.
s 842. Incorporation by Reference.
(a) Unless found to conflict with regulations of this subchapter, and to the extent that they govern the transportation or transfer of oil, the following regulations promulgated by the United States Coast Guard are incorporated by reference:
(1) 33 Code of Federal Regulations (CFR) Part 151, Vessels Carrying Oil, Noxious Liquid Substances, Garbage, Municipal or Commercial Waste, and Ballast Water.
(2) 33 CFR Part 154, Facilities Transferring Oil or Hazardous Material in Bulk.
(3) 33 CFR Part 155, Oil or Hazardous Material Pollution Prevention Regulations for Vessels.
(4) 33 CFR Part 156, Oil and Hazardous Material Transfer Operations.
(5) 46 CFR Part 34, Firefighting Equipment.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 843. General.
(a) No person may conduct an oil transfer operation unless the equipment, personnel and operating procedures meet the requirements of this subchapter.
(b) Any transfer operation which does not meet the requirements of Subsection (a) of this section may be subject to a shutdown of operations. An order issued by the Staff to terminate an oil transfer operation is an order of the Administrator and failure to comply constitutes a violation of Article 9 of the Government Code (commencing with Section 8670.57 et seq.).
(c) The Administrator may grant an exemption or partial exemption from compliance with any requirement in this subchapter if the following conditions are met:
(1) An owner or operator submits a written request for an exemption to the Administrator at least 30 days before operation under the exemption is proposed, unless the Administrator authorizes a shorter time period; and
(2) It is determined from the request that:
(A) compliance with a specific requirement is economically or physically impractical;
(B) no alternative procedure, method, or equipment standard exists that would provide an equivalent level of protection from pollution by oil; and
(C) the likelihood of oil being discharged as a result of the exemption is minimal.
(3) If requested, the applicant must submit any appropriate information to substantiate the request for an exemption. Such information may include an environmental and economic assessment of the effects of and the reasons for the exemption, and any proposed procedures, methods or equipment standards to be followed in lieu of those required. The Administrator may consider any exemption or partial exemption from compliance with any requirement in the Federal regulations granted by the Commandant of the U.S. Coast Guard;
(4) The exemption may specify the procedures, methods, or equipment standards that will apply;
(5) An exemption will be granted or denied in writing. The decision of the Administrator will be rendered within 10 calendar days of receipt of the request and is the final agency action.
(d) Any exemption granted by the State Lands Commission pursuant to Title 2, CCR Section 2310, shall remain in full force and effect until such exemption expires by its own terms or an application is made to the Administrator, pursuant to this section for an extension or amendment of such exemption.


Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and Article 9 (commencing with Section 8670.57 et seq.), Government Code. Reference: Sections 8670.2, 8670.14 and 8670.17, Government Code.
s 843.1. Persons in Charge: Designation and Qualification.
(a) A separate "person in charge" must be designated for the oil transfer operations of the transfer unit and for the oil transfer operations of the receiving unit.
(b) No person may serve as person in charge of oil transfer operations unless:
(1) the person in charge meets the requirements set forth in 33 CFR 154.710, 33 CFR 155.710 and 156.115, whichever is appropriate.
(2) the person in charge has been designated in writing in accordance with 33 CFR 155.820 as set forth in 33 CFR 154.730, and 33 CFR 155.715.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 843.2. Compliance with Oil Transfer Procedures or Operations Manual.
(a) The operator of each vessel required by 33 CFR 155.720 to have oil transfer procedures shall ensure that such procedures are current and shall require vessel personnel to use the oil transfer procedures during each oil transfer operation.
(b) The operator of each marine facility required by 33 CFR 154.300 to have an operations manual shall ensure that the manual's procedures are current and shall require facility personnel to use the operations manual during each oil transfer operation.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 843.3. Availability of Oil Transfer Procedures or Operations Manual.
The written oil transfer procedures or operations manual must be:
(a) available for inspection by Staff whenever the transfer unit is conducting an oil transfer operation;
(b) legibly printed in English and any other language or languages used primarily by personnel engaged in the oil transfer operation; and
(c) permanently posted or available at the site of transfer where the procedures can be easily seen and used by members of the crew when engaged in oil transfer operations.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 843.4. Contents of the Oil Transfer Procedures or Operations Manual.
The oil transfer procedures or operations manual must contain, either in the order listed or by use of a cross-reference index page, all of the following as appropriate:
(a) a list of each product transferred to or from the vessel or marine facility;
(b) a description of each oil transfer system on the vessel or marine facility including:
(1) a line diagram of the vessel's or marine facility's oil transfer piping, including the location of each valve, pump, control device, vent, and overflow;
(2) the location of the shutoff valve or other isolation device that separates any bilge or ballast system from the oil transfer system;
(3) a description of and procedures for emptying the discharge containment system;
(c) the number of persons required to be on duty during oil transfer operations;
(d) the duties by title of each officer, person in charge, tankerperson, deckhand, and any other person required for each oil transfer operation;
(e) procedures and duty assignments for tending the vessel's moorings during the transfer of oil;
(f) procedures for operating the emergency shutdown and communications;
(g) procedures for topping off tanks;
(h) procedures for ensuring that all valves used during the oil transfer operations are closed upon completion of transfer;
(i) procedures for reporting oil discharges into the water; and
(j) procedures for closing and opening the vessel openings specified in 33 CFR 155.815.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: 33 CFR 155.750; and Sections 8670.2 and 8670.14, Government Code.
s 843.5. Draining Oil.
No person may intentionally drain oil or oily waste from any source into the bilge of any vessel. For purposes of this section, "bilge" does not mean a slop tank as described in 33 CFR 157.15, or an oily residue tank as described in 33 CFR 157.17.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2 and 8670.14, Government Code.

s 843.6. Emergency Shutdown.
(a) A vessel carrying oil, with an oil capacity of 250 or more barrels, must have on board an operable means for emergency shutdown that would enable the person in charge of an oil transfer operation to stop the flow of oil to another vessel, or within the vessel itself, within 30 seconds.
(b) A small marine fueling facility must have an operable means for emergency shutdown that would enable the person in charge of the oil transfer operation to stop the flow of oil to a vessel.
(c) The means required in paragraphs (a) and (b) of this section may be a pump control, a quick-acting, power actuated valve, or an operating procedure. If an emergency pump control is used, it must stop the flow or back flow of oil if the oil could siphon through the stopped pump.
(d) The means required in paragraph (a) of this section must be operable from the cargo deck, cargo control room, or the usual operating station of the person in charge of the oil transfer operation.
(e) The means required in paragraphs (a) and (b) of this section must be operable from a location that is accessible to the person in charge.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 843.7. Communications.
(a) During oil transfers, the transfer unit and receiving unit must have continuous two-way voice communication between the persons in charge of the transfer operations on both the transfer unit and receiving unit.
(b) Portable communication devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be intrinsically safe, as defined in Title 2, Division 3, Chapter 1, Article 5 of the California Code of Regulations, Section 2370(e).
(c) The primary communication system required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all weather conditions. If this communications systems fails, the transfer operation shall be discontinued, as described in the Declaration of Inspection (Section 843.8(z) of this subchapter). The transfer operation shall not resume until the continuous two-way voice communication system is restored.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Title 2 CCR Section 2370(e); and Sections 8670.2 and 8670.14, Government Code.
s 843.8. Pre-Transfer Requirements for Oil Transfer Operations.
No person may conduct an oil transfer operation unless:
(a) the vessel's moorings and mooring lines used during the transfer operation are strong enough to hold during all expected conditions of surge, current, and weather, and are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation;
(b) oil transfer hoses and loading arms are long enough to allow the vessel to move to the limits of its moorings without placing strain on any component of the oil transfer system;
(c) each hose is supported to prevent kinking or other damage to the hose and to prevent strain on its coupling;
(d) each part of the oil transfer system is properly aligned;
(e) each part of the oil transfer system not necessary for the transfer operation is securely capped, blank flanged, and/or shut off;
(f) the end of each hose that is not connected for the transfer of oil is plugged, capped, or blanked off using the closure devices required by federal regulation;
(g) the transfer system is attached to a fixed connection on the transfer unit or receiving unit except that when a nontank vessel of less than 250 barrel capacity is receiving fuel, an automatic back pressure shutoff nozzle may be used;
(h) each overboard discharge or sea suction valve that is connected to the vessel's oil transfer or cargo tank system is sealed or lashed in the closed position, except when used to receive or discharge ballast;
(i) each oil transfer hose is in good repair, and is suitable for the purpose intended and free from defect which would permit the discharge of oil through the hose material; has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of oil through the hose material and no gouges, cuts, or slashes that penetrate the first layer of hose reinforcement. (See the recommended practices in the "Hose Technical Information Bulletin: No. IP-11-4; Oil Suction and Discharge Hose: Manual for Maintenance, Testing and Inspection," published by the Rubber Manufacturers Association (RMA), 1440 K Street, N.W., Washington, D.C. 20005). For purposes of this section, "reinforcement" means the strength members of the hose, consisting of fabric, cord and/or metal;
(j) the discharge containment equipment on deck or on the dock that must be deployed pursuant to Sections 844 and 844.3 of this subchapter, is deployed and in place prior to any transfer of oil, and periodically drained to provide the required capacity;
(k) each drain and scupper is closed by mechanical means to adequately prevent any discharge or leaking of oil; freeing ports shall be adequately blocked to prevent any discharge or leaking of oil;
(l) all connections in the oil transfer system are leak free, except that a component in the transfer system, such as the packing glands of a pump which cannot be made leak free, shall not leak at a rate that exceeds the capacity of the discharge containment equipment to hold any such leakage during the transfer operation;
(m) the communications equipment and procedures required by this subchapter are operating during the entire transfer operation;
(n) the emergency means of shutdown is in position and operable;
(o) there is a qualified person in charge on the transfer unit and a person in charge on the receiving unit during a transfer operation;
(p) each person in charge required by paragraph (o) of this section:
(1) shall be present at the site of the oil transfer operation and immediately available to the oil transfer personnel;
(2) has readily available a copy of the vessel oil transfer procedures or the facility operations manual, as appropriate at the operations center or central point where transfer operations are controlled and monitored; and
(3) conducts the transfer operation in accordance with the vessel oil transfer procedures or facility operations manual, as appropriate;
(q) the personnel required, under the facility operations manual and the vessel oil transfer procedures, to conduct the oil transfer operation:
(1) are on duty; and
(2) conduct the transfer operation in accordance with the facility's operations manual or vessel's oil transfer procedures, as appropriate;
(r) each person required by paragraph (o) understands and speaks the English language fluently, or engages the services of an interpreter;
(s) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit have held a conference to ensure that each person in charge understands the following details of the transfer operation:
(1) the identity of the product and quantity to be transferred, and availability of a material safety data sheet for the product to be transferred;
(2) the sequence of transfer operations;
(3) the transfer rate;
(4) the name or title and location of each person participating in the transfer operation;
(5) the details of their respective transfer or receiving system and the particulars of the transfer operation;
(6) the critical stages of the transfer operation;
(7) all the federal, state, and local rules that apply to the transfer of oil;
(8) the emergency procedures, which shall include;
(A) acknowledgment that together both units are willing to provide all spill containment resources under each of their control on site;
(B) identification, in writing, of each unit's contracted OSRO;
(C) agreed-upon written emergency shutdown procedures.
(9) the discharge containment procedures;
(10) the discharge reporting procedures;
(11) the watch or shift arrangements;
(12) the transfer shutdown procedures;
(t) the person in charge of oil transfer operations on the transfer unit and the person in charge of oil transfer operations on the receiving unit agree to begin the transfer operation;
(u) To ensure safe operation and early detection of an oil leak, for oil transfer operations between sunset and sunrise, deck lighting shall be provided by the self-propelled vessel that adequately illuminates (as described by 33 CFR 155.790) the following:
(1) each transfer operation work area and each transfer connection point in use on a self-propelled vessel; and
(2) each transfer operation work area and each transfer connection point in use on each barge or small marine fueling facility discharging or receiving oil, unless the barge or small marine fueling facility itself provides adequate illumination.
(3) Where illumination appears to be inadequate, Staff may require verification by instrument of the levels of illumination. On a horizontal plane three feet above the deck or walking surface, illumination must measure at least:
(A) 5.0 foot candles at transfer connection points; and
(B) 1.0 foot candles in oil transfer operation work areas.
(v) appropriate fire fighting equipment is available as required in 46 CFR, Part 34.
(w) in addition to the requirements listed in 33 CFR 154.500(e), all transfer hoses shall have all markings near the two ends in the vicinity of the flanges where they can be easily seen.
(x) all transfer connections shall:
(1) use suitable material in joints and couplings to ensure a leak-free seal;
(2) use a new gasket;
(3) use a bolt in every available hole;
(4) use bolts of the correct size in each bolted connection;
(5) tighten each bolt and nut uniformly and sufficiently to distribute the load to ensure a leak-free seal;
(6) not use any bolt that shows signs of strain or is elongated or deteriorated;
(7) use either:
(A) a bolted or full threaded connection; or
(B) a quick-connected coupling with a means of securing the coupling to prevent accidental release.
(y) the vessel has a fill pipe for which containment can be provided. For vessels less than 250 barrels capacity, an automatic back pressure nozzle can be used.
(z) a written Declaration of Inspection (DOI) which shall include the following, in addition to the requirements of 33 CFR 156.150(c):
(1) identification of each unit's OSRO;
(2) acknowledgment by each unit that their OSRO has been notified in advance;
(3) emergency shut-down procedures;
(4) agreed-upon hand and/or sound signals that initiate and complete the shut-down of the transfer operation.
(5) The Declaration of Inspection shall be filled out and signed by each person in charge and relief person in charge. Each person in charge who is different from the person who originally signed the Declaration of Inspection shall sign the Declaration of Inspection before assuming or re-assuming the duties of a person in charge. Prior to their signing or re-signing the Declaration of Inspection, each person in charge shall inspect the transfer unit or receiving unit, as appropriate, to ensure that the requirements of this subchapter are being maintained;
(aa) a loading plan shall be completed in writing by the receiving unit.
(ab) Transfer operations shall not be started or, if started, shall be discontinued under the following conditions:
(1) during severe weather, electrical storms, or wave conditions;
(2) if a fire occurs on the wharf, on the vessel, on the marine facility, or in the vicinity of the wharf, vessel or marine facility;
(3) any condition that may jeopardize the safety of the transfer;
(4) loss of continuous two-way voice communication.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 843.9. Personnel Work Limitations.
(a) No shoreside person involved in a transfer operation may work more than 16 hours in any 24 hour period, or more than 40 hours in any 72 hour period, except in an emergency.
(b) No vessel person involved in a transfer operation may work more than 15 hours in any 24 hour period, or more than 36 hours in any 72 hour period, except in an emergency.
(c) For purposes of this section, "work" includes any administrative duties associated with the vessel or transfer operation whether performed on board the vessel or onshore.
(d) For purposes of this section, "emergency" is limited to those situations which threaten life, damage to property or have adverse impact on the public health or safety.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code.
s 844. Containment and Response Equipment Requirements; Marine Facility and Vessel Oil Transfer Operations.
This section does not apply to small marine fueling facilities. Containment and response equipment requirements for small marine fueling facilities, including mobile transfer units, are addressed in Section 844.3 of this subchapter.
(a) The requirements specified in this section are in addition to those specified in 33 CFR 155 which are incorporated herein by reference.
(b) Containment and Removal of On-Deck Spills.
(1) Transfer units and receiving units must provide appropriate equipment and supplies for the containment, removal and storage of on-deck oil spills of at least seven barrels. Such equipment and supplies must include:
(A) sorbents sufficient to contain seven barrels of oil;
(B) non-sparking hand scoops, shovels, and buckets;
(C) containers suitable for holding seven barrels of recovered waste;
(D) a minimum of 15 gallons of a deck cleaning agent;
(E) appropriate protective clothing to protect personnel from inhalation hazards, eye exposure, and skin contact;
(F) non-sparking portable pump(s) with appropriate hoses; and
(G) the equipment required in this section must remain ready, and pump(s) with appropriate hoses must be ready, for immediate use during transfer operations.
(c) Transfer units, except for small marine fueling facilities, must carry or provide at the point of transfer appropriate equipment and supplies for the containment and removal of both persistent oil, and #1 and #2 grade oil (as defined in Section 841 of this subchapter) spills in water adjacent to the transfer site. Prior to beginning each transfer operation the transfer unit shall provide either one of the following for the duration of the entire transfer operation:
(1) boom deployed so as to enclose the water surface area adjacent to the receiving unit which will provide common containment area for:
(A) either of the following:
1. the entire receiving unit and the point of transfer; or
2. those portions of the receiving unit or seawall from which oil may spill into the water.
(B) where the hull of the transfer unit or seawall is capable of acting as an effective barrier on the side of the receiving unit, the boom on that side may be deployed so that it provides containment between the receiving unit and the transfer unit or seawall.
(C) the boom shall be deployed so that it provides a stand-off of not less than 4 feet from the outboard side of the receiving unit.
(2) sufficient boom, trained personnel and equipment, maintained in a stand-by condition at the point of transfer, such that at least 600 feet of boom, or an amount sufficient to meet the containment requirements in subsection (1), above, whichever is greater, can and will be deployed for the most effective containment immediately, but no longer than 30 minutes, after discovery of a spill.
(d) In addition to the requirements specified in this Subsection (c) above, the owner or operator of a transfer unit shall also identify the equipment, personnel and procedures such that at least an additional 600 feet of boom can and will be deployed. These response resources shall be on-scene and deployed within one hour for the most effective containment in the event of an oil spill.


Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2, 8670.14, 8670.25 and 8670.28, Government Code.
s 844.1. Oil Discharge Cleanup; Marine Facility and Vessel Oil Transfer Operations.
This section does not apply to small marine fueling facilities. Oil discharge cleanup requirements for small marine fueling facilities are addressed in Section 844.4 of this subchapter.
(a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged:
(1) in the transfer operation work area and poses a threat of spilling into marine waters; or
(2) into the water or upon the adjoining shoreline in the transfer area.
(b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under Subsection (a) of this section, unless:
(1) the source of the spill has been secured;
(2) the oil discharged in the oil transfer operation work area is cleaned up;
(3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and
(4) both persons in charge agree to resume the oil transfer operation.
(c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25, Government Code.
s 844.2. Reporting Requirements; Marine Facility and Vessel Oil Transfer Operations.
This section does not apply to small marine fueling facilities. Reporting requirements for small marine fueling facilities are addressed in Section 844.5 of this subchapter.
(a) An immediate report must be made by the transfer unit to the California Office of Emergency Services in the event any of the following occurs during an oil transfer operation:
(1) a fire, explosion, collision, or grounding;
(2) any similar incident or occurrence which poses a threat to the vessels involved.
(b) The master or person in charge of a vessel shall report any discharge of oil into the water from such vessel.
(c) Notification.
(1) Unless the Staff and the operator agree otherwise, at least four (4) hours, but not more than twenty-four (24) hours, prior to the initiation of any transfer operation, the transfer unit operator shall provide notice of the transfer to the Staff. For oil transfer operations where the transfer unit operator is given less than four (4) hours notice, the operator shall provide the Staff with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations.
(2) The notification requirement in Subsection (a) above also applies to oil transfers to or from a marine facility, tank vessel or nontank vessel within a drydock, and oil transfers to or from the drydock.
(3) Notifications shall be made in writing by facsimile machine or other agreed upon means to the Staff.
(4) The notification shall include the following:
a. the location of the transfer;
b. the expected time of arrival of the transfer unit;
c. time anticipated for initiation of the transfer operation;
d. time anticipated for completion of the transfer operation;
e. the names of the transfer unit and receiving unit involved;
f. the type or types of oil and quantity being transferred;
g. the name and 24 hour telephone and facsimile number of the Qualified Individual; and
h. the name of the transfer unit's contracted oil spill response organization(s).
(5) Acknowledgment by the Staff of the notification required by this section is not required to commence operations.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25.5, Government Code.
s 844.3. Containment and Response Equipment Requirements; Small Marine Fueling Facility Oil Transfer Operations.
(a) The requirements specified in this section are in addition to those specified in 33 CFR 154 which are incorporated herein by reference.
(b) Small marine fueling facilities shall carry on-site appropriate equipment and supplies for the containment and removal of on-deck and on-shore oil spills of at least two barrels. Such equipment and supplies must include:
(1) sorbents sufficient to contain two barrels of oil;
(2) non-sparking hand scoops, shovels, and buckets;
(3) containers suitable for holding two barrels of recovered waste;
(4) a minimum of five 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 must remain ready, and pumps with appropriate hoses must be ready, for immediate use during transfer operations.
(c) Small marine fueling facilities, not including mobile transfer units, must carry or provide at the point of transfer appropriate equipment and supplies for the containment and removal of both persistent oil, and #1 and #2 grade oil (as defined in Section 841 of this subchapter) spills in waters adjacent to the transfer site. Prior to beginning each transfer operation, the small marine fueling facility shall provide either one of the following for the duration of the entire transfer operation:
(1) boom deployed so as to enclose the water surface area adjacent to the vessel which will effectively maintain a common containment and oil entrapment area for:
(A) either of the following:
1. the entire vessel and the point of transfer; or
2. those portions of the vessel and seawall from which oil may spill into the water.
(B) where the hull of the vessel and the face of the dock or seawall are both capable of acting as effective barriers, the boom may be deployed so that it provides containment between the vessel and dock or seawall.
(C) the boom shall be deployed so that it provides a stand-off of not less than four feet from the outboard side of the vessel.
(2) sufficient boom, trained personnel and equipment, maintained in a stand-by condition at the point of transfer, such that at least 600 feet of boom, or an amount sufficient to meet the containment requirements in subsection (1) above, whichever is greater, can and will be deployed for the most effective containment immediately, but no longer than 30 minutes, after discovery of a spill.
(d) In addition to the requirements specified in this Subsection (c) above, the owner or operator of a small marine fueling facility, not including mobile transfer units, shall also identify the equipment, personnel and procedures such that at least an additional 600 feet of boom can and will be deployed. Mobile transfer units shall identify the equipment, personnel and procedures sufficient to contain a two barrel spill. These response resources shall be on-scene and deployed within one hour for the most effective containment in the event of an oil spill.


Note: Authority cited: Sections 8670.7, 8670.17, 8670.18 and 8670.28, Government Code. Reference: Sections 8670.2, 8670.14, 8670.25 and 8670.28, Government Code.
s 844.4. Oil Discharge Cleanup; Small Marine Fueling Facility Operations.
(a) Each person conducting an oil transfer operation shall stop the transfer operation whenever oil from any source is discharged:
(1) in the transfer operation work area and poses a threat of spilling into marine waters; or
(2) into the water or upon the adjoining shoreline in the transfer area.
(b) Except as permitted under paragraph (c) of this section, no person may resume an oil transfer operation after it has been stopped under paragraph (a) of this section, unless:
(1) the source of the spill has been secured;
(2) the oil discharged in the oil transfer operation work area is cleaned up;
(3) the oil discharged into the water or upon the adjoining shoreline is cleaned up; and
(4) both persons in charge agree to resume the oil transfer operations.
(c) The U.S. Coast Guard Captain of the Port may authorize resumption of the oil transfer operation if it is deemed appropriate.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Section 8670.2, 8670.14 and 8670.25, Government Code.
s 844.5. Reporting Requirements; Small Marine Fueling Facility Operations.
(a) An immediate report must be made by the vessel and the small marine fueling facility to the California Office of Emergency Services, in the event any of the following occurs during an oil transfer operation:
(1) a fire, explosion, collision, or grounding;
(2) any similar incident or occurrence which poses a threat to the vessels or facilities involved.
(b) The master or person in charge of a vessel or small marine fueling facility (including Mobile Transfer Units) shall immediately report any discharge of oil into the water.
(c) Notification: Mobile Transfer Units Only.
(1) Unless the Staff and the operator agree otherwise, at least four hours, but not more than 24 hours, prior to the initiation of any transfer operation, the mobile transfer unit operator shall provide notice of the transfer to the Staff. For mobile transfer unit operations where the operator is given less than four hours notice, the operator shall provide the Staff with notice of the transfer as soon as possible after receiving notice of the anticipated transfer, but in any case prior to the initiation of transfer operations.
(2) Notifications shall be made in person, by telephone or by facsimile machine to the Staff.
(3) The notification shall include the following:
a. the location of the transfer;
b. the expected time of arrival of the unit;
c. time anticipated for initiation of the transfer operation;
d. time anticipated for completion of the transfer operation;
e. the names of the transfer unit or receiving unit involved;
f. the type or types of oil being transferred;
g. the name and 24 hour telephone and facsimile number of the Qualified Individual; and
h. the name of the Mobile Transfer Unit's oil spill response organization(s).
(4) Acknowledgment by the Staff of the notification required by this section is not required to commence operations.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.14 and 8670.25.5, Government Code.
s 844.6. Applicability.
(a) This Article applies to vessels which engage in oil lightering operations where a spill could impact the marine waters of California. Lightering or lightering operation means the transfer of a cargo of oil in bulk from one vessel to another. Lightering includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of the either the transfer unit or the receiving unit. A lightering operation does not include bunkering. These rules are in addition to rules found in Article 1.1 of this subchapter. The requirements of this article shall not apply to a vessel that conducts a lightering operation in an effort to prevent an oil spill or other harm to public safety or the environment.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2, 8670.17 and 8670.18, Government Code.
s 844.7. General Requirements; Lightering Operations.
(a) No vessel may transfer cargo oil upon marine waters of the State of California where the cargo oil is to be lightered, unless:
(1) the vessel is in compliance with the requirements of this subchapter;
(2) both the receiving unit and the transfer unit have on board at the time of transfer, a valid Certificate of Inspection, Certificate of Compliance, or a Tank Vessel Examination Letter, as would have been required under 46 U.S.C. 3710 or 3711, had the transfer taken place in a port or place subject to the jurisdiction of the United States; and
(3) the receiving unit and transfer unit as required by 33 CFR 151 have on board, at the time of transfer, an International Oil Pollution Prevention (IOPP) Certificate or equivalent documentation of compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978. Such documentation is the same as that which required by 33 CFR 151 for vessels in the navigable waters of the United States. The IOPP Certificate or documentation of compliance shall be that prescribed by 33 CFR 151.19 and 33 CFR 151.21, and shall be effective under the same timetable as specified in 33 CFR 151.19.


Note: Authority cited: Sections 8670.7, 8670.17 and 8670.18, Government Code. Reference: Sections 8670.2 and 8670.14, Government Code. (continued)