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(continued) update is submitted, the application process timelines will recommence with receipt of the updated material.
(b) If any of the information on an application is found to be incorrect or inaccurate, the application shall be denied, or the license revoked if already issued.
(c) Prior to any change in the formulation of an approved product, the applicant shall notify the Administrator in writing and shall obtain specific approval of the change before the OSCA may be used to remove, clean up or otherwise treat oil in California waters.
(1) The Administrator may require a new application if there is a significant change in the OSCA formulation. A significant change is one that would alter the allowable use or the recommended application parameters, as specified in Article 3 of this subchapter.
(2) Failure to provide notification of a change in formulation is cause for the Administrator to revoke the OSCA license.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 885.5. Testing Required for Licensing.
(a) Licensing an OSCA is subject to successful screening through:
(1) standardized efficacy tests;
(2) standardized toxicity tests;
(3) such other tests as deemed necessary by the Administrator in order to determine the efficacy, toxicity or appropriate use of the OSCA.
(b) Testing necessary to determine compliance with the efficacy and toxicity criteria shall, as applicable, be conducted consistent with the testing methods or procedures approved by the Administrator, and found in the Guidance Document.
(c) All tests shall be performed by the applicant or his/her designee. The Administrator or his/her authorized agent may verify or require verification of the results of any tests. Any verification costs incurred by the Administrator will be paid from the applicant's licensing fee.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 885.6. Efficacy and Toxicity Criteria.
Each OSCA to be considered for licensing by the Administrator shall comply with the following efficacy and toxicity criteria:
(a) the OSCA must have a flash point of 170 degrees Fahrenheit or greater;
(b) the hydrogen ion activity of a liquid OSCA that is water soluble, as applied to the water surface must be 6.5 to 8.5 pH units;
(c) the heavy metal and chlorinated hydrogen content must not be greater than the following concentration(s) in parts per million or milligrams per liter of product:
(1) Mercury - 0.005, Cadmium - 0.01, Lead - 0.05,
(2) total identifiable chlorinated hydrocarbon - 0.05.
(d) the OSCA must perform as indicated by the manufacturer when applied in the manner recommended by the manufacturer;
(e) bioremediation agents must degrade the oil through microbial action, and neither the bioremediant or its by-products may be more toxic in the aquatic environment than the oil on which applied;
(f) collecting agents must be nontoxic, and upon application to an oil spill, at least 90 percent of the oil-agent mass must remain afloat;
(g) dispersant efficacy must be established in accordance with the standardized efficacy tests required by this subchapter, and found in the Guidance Document. If more than 10 percent of the oil sinks upon application of the OSCA, the agent will be considered a sinking agent;
(h) no dispersant or surface washing agent shall be licensed if it has has an average level of toxicity greater than 10 mg/l as applied (EC50 less than 10 mg/l). The average level of toxicity of these agents shall be determined by the testing methods described in the Guidance Document.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 885.7. Issuing a License.
(a) A license shall be issued to the OSCA manufacturer (applicant) on a registered trademark-name basis when the following conditions are met:
(1) a completed application has been submitted to the Administrator along with the appropriate fee; and
(2) the applicant has conducted the standardized efficacy and toxicity tests, as well as any other relevant tests or requirements prescribed by the Administrator, and provided in this subchapter; and
(3) the results of the required tests have been submitted to the Administrator; and
(4) the applicant has submitted any additional information as requested by the Administrator to substantiate the test data; and
(5) the results of these required tests and any additional, substantiating data meet the efficacy and toxicity criteria established in this Article.
(b) If the Administrator's Industrial Hygienist determines that the OSCA constitutes a serious occupational hazard to health, the license application will either be;
(1) denied; or
(2) licensed for use with specified conditions that will adequately minimize or mitigate the occupational health hazard.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and Title 8, Section 5192, California Code of Regulations.
s 885.8. OSCA Labeling Requirement.
Each OSCA must have a plainly printed label attached to the container that states at least the following:
(a) the name, brand, and trademark, if any, under which the OSCA is sold;
(b) the name and address of the manufacturer, importer, or vendor;
(c) special handling, storage, or worker safety precautions;
(d) the product's flash point and freezing point, if applicable for the type of product;
(e) recommended application procedure(s), concentration(s), and conditions for use as regards to water salinity, water temperature, and the types and ages of oils on which it may be used;
(f) the shelf life, or expiration date of the product.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 885.9. Legal Responsibility.
Obtaining a license for an OSCA does not waive any other legal responsibilities of the manufacturer or user of an OSCA.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 885.10. Legal Responsibility.
Note: Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2318.
s 886.1. Requirements for the Use of a Licensed OSCA.
(a) The use, or expedited testing of an OSCA in response to an oil spill shall be subject to the approval of the Administrator and the Regional Response Team (RRT), and done in compliance with the provisions of this subchapter. An OSCA may be used without obtaining the concurrence of the RRT if the OSCA has been listed in a preauthorization plan of the applicable Area Contingency Plan (ACP). Such listing shall have been done in accordance with the provisions of 40 CFR 300, Subpart J, as follows:
(1) the RRT representative from the Environmental Protection Agency (EPA) and the state of California, and the Department of Commerce (DOC) and Department of Interior (DOI) natural resources trustees shall review and either approve, disapprove, or approve with modification the preauthorization plans of the Area Committees;
(2) the preauthorization plan of the appropriate ACP must address the specific contexts in which the specified products should and should not be used;
(3) the OSCA must then be used in a situation the same as or similar to the context described in the ACP.
(b) The use of an OSCA shall be supervised by the Department of Fish and Game in accordance with the provisions of this subchapter, and any applicable direction or instruction from the Administrator. Decisions regarding use must be consistent with the statutory provisions governing the duties of the Administrator as outlined in Chapter 7.4 of the Government Code, or the Department's responsibilities pursuant to Fish and Game Code s5655.
(c) Use of an OSCA in a domestic water supply:
(1) dispersants, and OSCA's that are not inert, may only be applied to water that is the source of a domestic drinking supply after notification is made to the State Department of Health Services and the appropriate local health agency responsible for drinking water quality; and
(2) the OSCA shall be applied in accordance with the recommendations of the state and local health agencies.
(d) The local Regional Water Quality Control Board shall be notified before any OSCA is applied to a lake, a reservoir or any surface streams.
(e) In addition to the provisions of (a), (b), (c) and (d) above, the following restrictions and requirements apply to the bodies of water indicated:
(1) Lakes and reservoirs:
(A) Collecting agents:
1. collecting agents that are inert may be applied to lakes and reservoirs provided the floating oil-agent mixture is collected and disposed of properly.
2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(B) Dispersing agents:
1. any application of a dispersant to a domestic water supply shall be in accordance with the provisions of subparagraph (c) of this section.
2. shall not be applied to the shoreline of a lake or reservoir;
3. aside from 1. and 2. above, dispersing agents may be applied to lakes and reservoirs only if wildlife resources and associated habitat, recreational beaches, marinas or shore facilities are threatened, and other control methods are judged to be inadequate or infeasible by the Department of Fish and Game.
(C) Sinking agents shall not be applied to lakes or reservoirs.
(D) Bioremediation agents may be applied in lakes and reservoirs and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents:
1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly.
2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(2) Surface streams:
(A) Collecting agents;
1. collecting agents that are inert may be applied to surface streams provided the floating oil-agent mixture is collected and disposed of properly.
2. collecting agents that are not inert may be applied in domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(B) Dispersing agents shall not be applied to surface streams.
(C) Sinking agents shall not be applied to surface streams.
(D) Bioremediation agents may be applied to surface streams and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents:
1. surface washing agents that are inert may be applied to the shoreline of surface streams provided that the floating oil-agent mixture is collected and disposed of properly.
2. surface washing agents that are not inert may be applied to domestic water supplies but only in accordance with the provisions in subparagraph (c) of this section.
(3) Bays and estuaries (from the mouth to the upstream boundary of the tidal prism);
(A) Collecting agents may be applied to bays and estuaries provided the floating oil-agent mixture is collected and disposed of properly;
(B) Dispersing agents:
1. shall not be applied to the shoreline of a bay or an estuary.
2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the "Quick Approval Process for Dispersant Use in Waters Off California" as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97.
(C) Sinking agents shall not be applied to a bay or an estuary.
(D) Bioremediation agents may be applied to bays and estuaries and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly.
(4) Ocean waters:
(A) Collecting agents may be applied in ocean waters only if the floating oil-agent mixture is collected and disposed of properly.
(B) Dispersing agents:
1. shall not be applied to shoreline areas, including areas exposed during tidal action;
2. aside from 1. above, dispersing agents may only be applied in accordance with guidelines established in the "Quick Approval Process for Dispersant Use in Waters Off California" as developed by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration, dated 4/14/97.
(C) Sinking agents shall not be applied in ocean waters.
(D) Bioremediation agents may be applied to ocean waters and associated shorelines provided that the bioremediant, as applied, is not more harmful to the aquatic environment than the spilled oil.
(E) Surface washing agents may be applied to the shoreline of bays and estuaries provided that the floating oil-agent mixture is collected and disposed of properly.
(f) In addition to all other requirements of this section, an OSCA shall be used in accordance with the manufacturer's recommendations.
(g) Use of a licensed OSCA at variance with the provisions of this subchapter may be approved only by the Administrator or his/her designee.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code; and 40 CFR Section 300.115.
s 886.2. Use of an OSCA Prior to Licensing.
No OSCA shall be used prior to licensing unless exempt form the licensing requirements, or if used on an expedited testing basis. Expedited testing use shall be in accordance with the provisions of Article 2 of this subchapter.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 886.3. OSCA Endorsement.
Licensing or permission to use a particular type of OSCA shall not be considered an endorsement of any product by the Administrator or the Department of Fish and Game.
Note: Authority: Section 8670.13.1, Government Code. Reference: Sections 8670.13.1 and 8670.13.2, Government Code.
s 886.4. Penalties.
Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57.
Note: Authority: Section 8670.13.1, Government Code. Reference: Article 9, beginning with Section 8670.57, Government Code.
s 886.5. Experimental Use of an OSCA.
Note: Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2335.
s 886.6. OSCA Endorsement.
Note: Authority: Sections 8670.13.1 and 8670.13.2, Government Code. Reference: Section 8670.13.2, Government Code; Section 13169, Water Code; and California Code of Regulations, Section 2336.
Note: It having been found, pursuant to Government Code Section 11344, that
the printing of the regulations constituting the Conflict of Interest Code is
impractical and these regulations being of limited and particular application,
these regulations are not published in full in the California Code of
Regulations. The regulations are available to the public for review or purchase
at cost at the following locations:
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
1300 "U" STREET
SACRAMENTO, CA 95814
FAIR POLITICAL PRACTICES COMMISSION
1100 "K" Street
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" STREET
Sacramento, CA 95814
The Conflict of Interest Code is designated as Chapter 1, Division 1.5 of
Title 14 of the California Code of Regulations, and consists of sections
numbered and titled as follows:
Chapter 1. Department of Forestry and Fire Protection -Conflict of Interest
Code
Section
890.
General Provisions
Appendix