1. (a) Introductory Material.

   1. (1) Each plan must provide the following information:

      1. (A) Name and address of the small marine fueling facility (as defined in section 790 of this subdivision), and mailing address if different. The name and address of the facility must be referenced in the plan title or on a title page at the front of the plan.
      2. (B) Name, address, phone number, fax number and e-mail address, if available, of the owner and operator of the small marine fueling facility.
      3. (C) Name, address, phone number, fax number and e-mail address, if available, of the person to whom correspondence should be sent.

      4. (D) 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 must review the plan for accuracy, feasibility, and executability. If this executive does not have training, knowledge and experience in the area of oil spill prevention and response, the certification statement must also be signed by another individual within the plan holder's management structure who has this requisite training, knowledge, and experience. The certification must 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 information contained in this contingency plan is true and correct and that the plan is both feasible and executable.”

         __________ (signature), (title), (date)

      5. (E) The California certificate of financial responsibility number for the small marine fueling facility must be included in the front of the plan. If this number is not available when the plan is submitted because the facility is not yet operational, the number must be provided as soon as it becomes available. The certificate of financial responsibility number must be provided before the plan can be approved.
   2. (2) Each plan must 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 documentation that the qualified individual acknowledges this capacity. If an alternate or alternates are identified in the plan, then the plan must 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. (3) Each plan must provide the name, address, telephone number and facsimile number of an agent for service of process designated to receive legal documents on behalf of the plan holder, and documentation that the agent for services of process acknowledges this capacity. Such agent must be located in California.

   4. (4) Each plan must identify and ensure by contract or other approved means a certified spill management team, as described in subchapter 5 of this chapter. The certified spill management team must be the appropriate tier classification pursuant to section 830.3 of subchapter 5.

      1. (A) The spill management team may have an interim certification for purposes of satisfying contingency plan requirements.
      2. (B) A single spill management team may be listed if it is capable of responding in all geographic regions in which the plan holder operates.
      3. (C) The spill management team may consist of personnel employed by the plan holder or persons affiliated with the plan holder, contracted personnel, or a combination thereof.
      4. (D) If the plan holder contracts for these services, documentation that the certified spill management team acknowledges this capacity must be included in the plan.
   5. (5) Each plan must contain evidence of the contract or other approved means, as defined in section 790 of this subdivision, verifying that any oil spill response organization(s) named in the plan will provide the requisite equipment and personnel in the event of an oil spill. Plan holders must only contract with an oil spill response organization that has received a rating by the Office of Spill Prevention and Response (as specified in section 819 of this subchapter) for the booming, on-water recovery and storage, and environmental sensitive site protection services as required.

2. (b) Small Marine Fueling Facility Description.

   1. (1) Each plan must describe the small marine fueling facility's design and operations with specific attention to those areas from which an oil spill could occur. This description must include, at a minimum, the following information:

      1. (A) For small marine fueling facilities (except for those mobile transfer units addressed under subsection (B) below):

         1. 1. A piping and instrumentation diagram, and a tank diagram including the location of pumps, valves, vents and lines; the number, and oil storage capacity of each structure covered under the plan and its age, design, construction and general condition; the range of oil products normally stored in each structure; the presence or absence of containment structures and equipment; and the location of mooring areas, oil transfer locations, control stations, safety equipment, drip pans and the drainage for drip pans;

      2. (B) For mobile transfer units:

         1. 1. An instrumentation and tank diagram of the mobile transfer unit tankage and fueling components:
      3. (C) A description of the types, physical properties, health and safety hazards, maximum storage or handling capacity and current normal daily throughput of oil handled. A safety data sheet or equivalent will meet some of these requirements and can be maintained separately at the small marine fueling facility providing the plan identifies its location;
      4. (D) A description of the normal procedures for transferring oil, and the amount, frequency and duration of the oil transfers; and
      5. (E) The small marine fueling facility's normal hours of operation.

3. (c) Prevention Measures.

   1. (1) Risk and Hazard Analysis.

      1. (A) Each plan must provide a history of the significant spills from the small marine fueling facility for either the 10 year period prior to the date of plan submittal, or from the date the facility became operational, whichever is shorter. As used in this section, a significant spill is one which had a deleterious impact on the local environment, or caused the physical layout of the facility or the facility's operations procedures to be modified. This information must include:

         1. 1. A written description of sites, equipment or operations with a history of oil spills;
         2. 2. The cause and size of any historical spill. The causes to be considered must include such factors as operator error, or a failure of the system or subsystem from which the spill occurred;
         3. 3. A brief summary of the impact of the spills; and
         4. 4. A description of the corrective actions taken in response to any and all spills included in the historical data.

      2. (B) Each small marine fueling facility must conduct a risk and hazard analysis to identify the hazards associated with the operation of the small marine fueling facility, including operator error, the use of the facility by various types of vessels, equipment failure, and external events likely to cause an oil spill.

         The owner or operator may use the “What-If Analysis” hazard evaluation method or an equivalent method identified by the American Institute of Chemical Engineers.

      3. (C) The chosen hazard evaluation method must be conducted in accordance with the guidelines established by the American Institute of Chemical Engineers as published in the “Guidelines for Hazard Evaluation Procedures”, second edition, copyright 1992, prepared for The Center For Chemical Process Safety.

         1. 1. The plan must include information regarding the expertise of the working group that develops the analysis.
         2. 2. The plan must include information that demonstrates to the Administrator that the analysis is appropriate to the small marine fueling facility and adequate according to the published procedures referenced in (C) above.
         3. 3. An owner or operator may be found in violation of this section if the Risk and Hazard Analysis does not adequately address the risks posed by the small marine fueling facility.
         4. 4. The Administrator may require that an analysis be updated if there are significant changes made to the small marine fueling facility. A significant change, as used in this paragraph, is one that would have an impact on the outcome of the Risk and Hazard Analysis.
         5. 5. Additional information regarding the analysis method used or the working group that conducted the analysis must be made available to the Administrator upon request.

      4. (D) Each plan must include a summary of the results of the Risk and Hazard Analysis. The summary must include the following:

         1. 1. The hazard analysis method used, and a statement that the analysis is specific to the small marine fueling facility. If the analysis relies on a risk assessment at a similar facility, the summary must specify how the two facilities are comparable;
         2. 2. An inventory of the hazards identified, including the hazards that resulted in the historical spills;
         3. 3. An analysis of the potential oil spills, including the size, frequency, cause, duration and location of all significant spills from the small marine fueling facility as a result of each major type of hazard identified;
         4. 4. The control measures that will be used to mitigate or eliminate the hazards identified. The plan must include time frames for implementing any control measures that cannot be functional immediately; and
         5. 5. A prediction of the potential oil spills that might still be expected to occur after any mitigating controls have been implemented.
      5. (E) All supporting documentation used to develop the risk and hazard analysis summary must be made available to the Administrator upon request.

   2. (2) Offsite Consequence Analysis.

      1. (A) A trajectory, or series of trajectories, to determine the potential direction, rate of flow and time of travel of the reasonable worst-case oil spill from the small marine fueling facility to marine waters and to the shorelines, including shallow-water environments, that may be impacted. For purposes of this requirement, a trajectory or trajectories (projected for a minimum of 72 hours) that determine the outer perimeter of a spill, based on regional extremes of climate, tides, currents and wind with consideration to seasonal differences, is sufficient.
      2. (B) For each probable shoreline that may be impacted, a discussion of the general toxicity effects and persistence of the spill 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. (C) For purposes of environmental sensitive site protection, the trajectory or trajectories must identify each geographic response area likely to be impacted within the first 12 hours.

      For the significant hazards identified in the risk and hazard analysis required under this section, the small marine fueling facility (except for mobile transfer units, as defined in chapter 1, section 790 of this subdivision) must conduct a trajectory analysis to determine the offsite consequences of an oil spill. This analysis must assume pessimistic water and air dispersion and other adverse environmental conditions such that the worst possible dispersion of the oil into the air or onto the water will be considered. This analysis is intended to be used as the basis for determining the areas and shoreline types for which response strategies must be developed. Some of the information required in this subsection may be drawn from the appropriate area contingency plans completed by the United States Coast Guard, state agencies, and local governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan. A summary of the analysis must be included in the plan. The analysis must include at least the following:

   3. (3) Resources at Risk from Oil Spills.

      1. (A) The map of environmental sensitive sites must include:

         1. 1. Shoreline types and associated marine resources.
         2. 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. 3. The presence of aquatic resources including marine fish, invertebrates, and plants including important spawning, migratory, nursery and foraging areas.
         4. 4. The presence of natural terrestrial animal and plant resources in marine-associated environments.
         5. 5. The presence of state or federally-listed rare, threatened or endangered species.
         6. 6. The presence of commercial and recreational fisheries including aquaculture sites, kelp leases and other harvest areas.

      2. (B) The map of the locations of economically and culturally sensitive sites must include:

         1. 1. Public beaches, parks, marinas, boat ramps and diving areas.
         2. 2. Industrial and drinking water intakes, power plants, salt pond intakes, and other similarly situated underwater structures.
         3. 3. Off-shore oil and gas leases and associated drilling/production platforms.
         4. 4. Known historical and archaeological sites.
         5. 5. Areas of cultural or economic significance to Native Americans.
         6. 6. The major waterways and vessel traffic patterns that are likely to be impacted.

      Based on the trajectory of the spilled oil as determined in the offsite consequence analysis, each small marine fueling facility plan (except for mobile transfer units, as defined in chapter 1, section 790 of this subdivision) must identify the environmental, economically and culturally sensitive sites that may be impacted. Each plan must identify and provide a map of the locations of these areas. Some of the information required in this subsection may be drawn from the appropriate area contingency plans completed by the United States Coast Guard, state agencies, and local governments pursuant to the Oil Pollution Act of 1990. If information is available, the plan holder may make reference to that information (i.e., specify where the information can be found) and does not need to duplicate it in the plan.

   4. (4) Required Prevention Measures.

      1. (A) Each small marine fueling facility must implement all prevention measures to reduce or mitigate the potential hazards identified in the Risk and Hazard Analysis.

      2. (B) In addition, each plan must include the following:

         1. 1. Schedules, methods and procedures for testing, maintaining and inspecting hoses, mobile transfer unit tankage and fueling components, and other structures within or appurtenant to the small marine fueling facility, that contain or handle oil which may impact marine waters if a failure occurs. Any information developed in compliance with 33 Code of Federal Regulations part 154; 49 Code of Federal Regulations part 195; and/or title 5, division 1, part 1, chapter 5.5 of the Government Code may be substituted for all or part of any comparable prevention measures required by this subsection;
         2. 2. Methods to reduce spills during transfer and storage operations, including overfill prevention measures and immediate spill containment provisions. Any information developed in compliance with title 2, California Code of Regulations, division 3, chapter 1, article 5.5; and/or 33 Code of Federal Regulations parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
         3. 3. Procedures to assure clear communication among all the parties involved during transfer operations. Any information developed in compliance with California Code of Regulations, title 2, division 3, chapter 1, article 5.5; California Code of Regulations, title 14, division 1, subdivision 4, chapter 3, subchapter 6; and/or 33 Code of Federal Regulations parts 154 and 156 may be substituted for all or part of any comparable prevention measures required by this subsection;
         4. 4. The plan holder must provide additional relevant information to the Administrator upon request.

   Each plan must address prevention measures in order to reduce the possibility of an oil spill occurring as a result of an oil transfer. The prevention measures must eliminate or mitigate all the hazards identified in the risk and hazard analysis.

4. (d) Containment Booming and On-Water Recovery.

   1. (1) Reasonable Worst-Case Spill.

      1. (A) For small marine fueling facilities (except for mobile transfer units which are addressed in subsection (B) below):

         1. 1. The amount of additional spillage that could reasonably be expected to enter California marine waters during emergency shut-off, transfer or pumping operations if each hose or pipeline ruptures or becomes disconnected, or if some other incident occurs which could cause or increase the size of an oil spill. The spillage must be calculated as follows: the maximum time to discover the release from the pipe or hose in hours, plus the maximum time to shut down flow from the pipe or hose in minutes or hours (based on historic spill data or the best estimate in absence of historic spill data for the facility) multiplied by the maximum flow rate expressed in barrels per hour (based on the maximum relief valve setting or maximum system pressure when relief valves are not provided) plus the total linefill drainage volume expressed in barrels.

      2. (B) For mobile transfer units:

         1. 1. The total tank storage capacity.
      3. (C) The calculations, and such parameters as flow rates, linefill capacities and emergency shutoff times, that are used to determine a small marine fueling facility's reasonable worst-case spill must be submitted as part of the plan. The Administrator may review and test these parameters as part of the drill conducted in accordance with subsection 816.03(b).

      To calculate the response planning volume, it is first necessary to determine the reasonable worst-case spill size as follows:

   2. (2) Persistence and Emulsification Factors.

      1. (A) The reasonable worst-case spill volume is then multiplied by a persistence factor relative to the most persistent type of oil that may be spilled. The persistence factors are specified below:

         Oil Group

         Group 1

         Group 2

         Group 3

         Group 4

         Persistence Multiplier

         .20

         .50

         .50

         .50

      2. (B) Emulsification Factors.

         The volume determined from the calculation in subsection (A) is then multiplied by one of the following emulsification factors, again, based on the type of oil.

         Oil Group

         Group 1

         Group 2

         Group 3

         Group 4

         Emulsification Multiplier

         1.0

         1.8

         2.0

         1.4

      3. (C) Response Planning Volume.

         1. 1. The response planning volume is used to determine the amount of response equipment and services that must be under contract.
         2. 2. All calculations used to determine the response planning volume must be included in the plan.

         The total determined by the above calculation is a response planning volume.

   3. (3) Response Capability Standards.

      1. (A) Total Response Resources Required.

         1. 1. The total amount of on-water containment and recovery equipment and services required must be the amount necessary to address the response planning volume determined in sections 817.03(d)(1) and (2) as follows:

            1. a. Sufficient on-water containment and recovery equipment and services to respond to 50 percent of the calculated response planning volume within two hours of notification.
            2. b. Sufficient on-water containment and recovery equipment and services to respond to the remaining 50 percent of the calculated response planning volume within 12 hours of notification.
         2. 2. 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 817.03(f)(5), and as required by the California Occupational and Safety Administration. In addition, these timeframes do not account for delays that may occur due to weather or sea state. 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 sea state, as well as the site assessment requirements.

      The standards set forth in this section 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 or other approved means. Response resources in addition to those under contract must be identified, and a call-out procedure in place to access this equipment, if the small marine fueling facility has a spill that exceeds these planning standards. The owner or operator is ultimately responsible for addressing the entire volume of an actual spill regardless of the planning standards.

   4. (4) Transfer Operations.

      Each plan must demonstrate that the small marine fueling facility, not including mobile transfer units, owns or has access to sufficient and appropriate boom, trained personnel and equipment, maintained in a stand-by condition, such that at least 600 feet of boom can and will be deployed for the most effective containment immediately, but no longer than 30 minutes after the discovery of a spill. Additionally, each plan holder must identify the equipment, personnel and procedures such that an additional 600 feet of boom can and will be deployed within one hour for the most effective containment in the event of an oil spill. Response resources owned or under contract to the small marine fueling facility or vessel engaged in oil transfer operations may be used to meet these requirements.

   5. (5) On-Water Response Equipment and Services.

      1. (A) Each plan must demonstrate that the small marine fueling facility owns or has under contract or other approved means (as defined in section 790 of this subdivision), access to all the necessary equipment, services, and personnel to comply with the Response Capability Standards established in subsection 817.03(d). The amount of response equipment required must take into account the effective daily recovery capacity (as defined in chapter 1, section 790 of this subdivision) of the oil recovery equipment.

      2. (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 United States Coast Guard area contingency plan), the plan must provide for an adequate number of shallow-draft vessels (as defined in section 790 of this subdivision) and for adequate booming and other shoreline protective resources to be owned or under contract or other approved means and available to respond to provide protection of all environmental sensitive sites identified in the trajectory analysis conducted as part of the offsite consequence analysis. Additionally, the equipment identified must also be appropriate for use on the type of oil identified. To the extent that the following information is provided by a rated oil spill response organization, evidence of a contract or other approved means with a rated oil spill response organization will suffice:

         1. 1. The location, inventory and ownership of the equipment to be used to fulfill the response requirements of this subchapter;
         2. 2. The type and capacity of storage and transfer equipment matched to the skimming capacity of the recovery systems;
         3. 3. The manufacturer's rated capacities and the operational characteristics for each major item of oil recovery equipment;

         4. 4. The effective daily recovery 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 effective daily recovery capacity for the skimming systems as a whole.

            1. i. A request may be submitted to the Administrator to review the effective daily recovery capacity for a piece of equipment if it can be shown that the equipment has a different capacity than the derating factor allows.
            2. ii. The Administrator's decision regarding a change in the effective daily recovery capacity for a piece of equipment will be issued as soon as administratively feasible.
         5. 5. Vessels designated for oil recovery operations, including skimmer vessels and vessels designed to tow and deploy boom and availability of shallow-draft vessels;
         6. 6. Procedures for storage, maintenance, inspection and testing of spill response equipment under the immediate control of the operator;

      3. (C) Non-floating Oil.

         1. 1. Sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;
         2. 2. Containment boom, sorbent boom, silt curtains, or other methods to reduce spreading on the bottom;
         3. 3. Dredges, pumps, or other equipment necessary to recover oil from the bottom;
         4. 4. Equipment necessary to assess the impact of such spills; and
         5. 5. Any other appropriate equipment necessary to respond to a spill involving a non-floating oil.

         Small marine fueling facilities and mobile transfer units that handle non-floating oil must contract with one or more rated oil spill response organizations to address the marine facility's response planning volume. Such equipment must include, but is not limited to the following:

   Each plan holder must have a contract or other approved means for containment booming and on-water recovery response resources up to their response planning volume for all potential oil spills from the small marine fueling facility. To determine the amount of response resources for containment booming and on-water recovery, each plan holder must calculate a response planning volume as outlined below:

5. (e) Environmental Sensitive Site Protection and Shoreline Cleanup.

   Each plan must provide for shoreline protection and cleanup of all potential spills from the small marine fueling facility. 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 must be appropriate for use on the type of oil identified.

6. (f) Response Procedures.

   1. (1) Each plan must describe the organization of the small marine fueling facility's certified spill management team. An organizational diagram depicting the chain of command must also be included. Additionally, the plan must describe the method to be used to integrate the plan holder's organization into the incident command system or the unified command structure as required by California Code of Regulations, title 8, subsection 5192(q)(3)(A).

      1. (A) The plan holder may utilize the procedures as outlined in the appropriate federal area contingency plan when describing how the small marine fueling facility's chain of command will interface with the incident command system which utilizes the unified command structure.

   2. (2) Each plan must describe how the plan holder will provide emergency services before the arrival of local, state or federal authorities on the scene, including:

      1. (A) Procedures to control fires and explosions, and to rescue people or property threatened by fire or explosion;
      2. (B) Procedures for emergency medical treatment and first aid;
   3. (3) Each plan must include a checklist, flowchart or decision tree depicting the procession of each major stage of spill response operations from spill discovery to completion of cleanup. The checklist, flowchart, or decision tree must describe the general order and priority in which key spill response activities are performed.

   4. (4) Each plan must describe equipment and procedures to be used by small marine fueling facility personnel to minimize the magnitude of a spill and minimize structural damage which may increase the quantity of oil spilled.

      1. (A) Spill mitigation procedures must include immediate containment strategies, methods to stop the spill at the source, methods to slow or stop leaks, and methods to achieve immediate emergency shutdown.
   5. (5) Prior to beginning spill response operations and cleanup activities, a Site Safety Plan must be completed. Each Site Safety plan must describe the procedures to be used for the development of the Site Safety Plan required pursuant to California Code of Regulations, title 8, subsection 5192(b)(4)(B).

7. (g) Notification Procedures.

   1. (1) Each plan must include a list of contacts to call in the event of a drill, spill, or threatened spill of oil. The plan must:

      1. (A) Detail the procedures for reporting oil spills to all appropriate local, state, and federal agencies;

      2. (B) Identify a central reporting office or individual who is responsible for initiating the notification process and is available on a 24-hour basis. The individual making this notification must be fluent in English. The following information must be provided:

         1. 1. The individual or office to be contacted.
         2. 2. Telephone number or other means of contact for any time of the day.
         3. 3. An alternate contact in the event the individual is unavailable.
      3. (C) Establish a clear order of priority for notification.

   2. (2) Immediate Notification.

      1. (A) Each plan must include a procedure for initiating telephonic contact with the oil spill response organization, or other initial response resources if an oil spill response organization is not being used, immediately, but no longer than 30 minutes, after the discovery of a spill of oil or threatened spill of oil.
      2. (B) Each plan must include a procedure that ensures that the owner or operator or his/her designee will initiate telephonic contact with the qualified individual, the California Office of Emergency Services and the National Response Center immediately, but no longer than 30 minutes, after discovery of a spill of oil or threatened spill of oil.
      3. (C) All phone numbers necessary to complete the immediate notification procedures must be included in the response manual.

      Nothing in this subsection shall be construed as requiring notification before response.

   3. (3) Each plan must identify a call-out procedure to acquire the resources necessary to address spills that cannot be addressed by the equipment that the owner or operator owns or has under contract. Procedures must allow for initiation of the call-out within 24 hours of the incident and must begin as soon as a determination has been made that additional resources are necessary.

   4. (4) Each plan must provide a checklist of the information to be reported in the notification procedures, including but not limited to:

      1. (A) Small marine fueling facility name and location;
      2. (B) Date and time of the incident;
      3. (C) The cause and location of the spill;
      4. (D) An estimate of the volume of oil spilled and the volume at immediate risk of spillage;
      5. (E) The type of oil spilled, and any inhalation hazards or explosive vapor hazards, if known;
      6. (F) The size and appearance of the slick;
      7. (G) Prevailing weather and sea conditions;
      8. (H) Actions taken or planned by personnel on-scene;
      9. (I) Current condition of the small marine fueling facility;
      10. (J) Injuries and fatalities; and
      11. (K) Any other information as appropriate.
   5. (5) Reporting of a spill as required by subsection 817.03(g)(2) must not be delayed solely to gather all the information required by subsection 817.03(g)(4).
   6. (6) An updated estimate of the volume of oil spilled and the volume at immediate risk of spillage must be reported to the California 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 or the Federal On-Scene Coordinator through the unified command has 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 will meet the requirements of this subsection.

8. (h) Temporary Storage and Waste Management.

   1. (1) Each plan must 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 storage must be no less than two times the calculated reasonable worst-case spill volume as determined in subsection 817.03(d)(1).
   2. (2) Each plan must identify the party that will maintain responsibility for recovered oil and oily waste for the purposes of temporary storage.
   3. (3) Each plan must describe site criteria and methods used for temporary storage of recovered oil and oily wastes generated during response and cleanup operations, including sites available within the small marine fueling facility or near the spill area.
   4. (4) Each plan must 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. (5) Each plan must 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.

9. (i) Oiled Wildlife Care Requirements.

   1. (1) Utilize the California Oiled Wildlife Care Network to meet oiled wildlife care requirements: or
   2. (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 and written protocols for wildlife care must comply with all applicable state and federal laws.

   Each plan must describe how oiled wildlife care will be provided by one of the following approved means:

10. (j) Training.

    1. (1) Each plan must provide that all appropriate personnel employed by the small marine fueling facility must receive training in the use and operation of oil spill response and cleanup equipment. The plan must describe:

       1. (A) The type and frequency of training that each individual in a spill response position receives to achieve the level of qualification demanded by their job description;

    2. (2) Each plan must describe the type and frequency of personnel training on methods to reduce operational risks. The description of the training must include, if applicable, the following:

       1. (A) any established training objectives that address potential spill sources and causes that were identified in the Risk and Hazard Analysis.

       2. (B) the means of achieving any established training objectives, such as:

          1. 1. A training schedule, including adequate frequency, (e.g., initial training upon hire and annual refresher training) and type of training (workshops, classroom, videotape, on-the-job training, etc.) for each position trained;
       3. (C) Any licenses, certifications or other prerequisites required to hold particular jobs.
       4. (D) A plan holder whose small marine fueling facility is subject to and in compliance with California State Lands Commission training regulations (title 2, division 3, chapter 1, article 5.3, California Code of Regulations sections 2540 through 2548) will be considered in compliance with the training provisions of this subsection.
    3. (3) Each plan must provide for safety training as required by state and federal health and safety laws for all personnel likely to be engaged in oil spill response, including a program for training non-permanent responders such as volunteers or temporary help.
    4. (4) The small marine fueling facility owner or operator must ensure that training records are maintained for three years. All such documentation must be made available to the Administrator upon request.

11. (k) Equipment Deployment Drills and Tabletop Exercises.

    1. (1) Each plan must describe the small marine fueling facility's drill and exercise program that meets the requirements of section 820.1 of subchapter 3.6 to ensure that the elements of the plan will function in an emergency.
    2. (2) Drills must be designed to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, must ensure that the entire plan is exercised at least once every three years.
    3. (3) Environmental Sensitive Site Protection. When an oil spill contingency plan lists plan holder-owned environmental sensitive site protection response resources, a drill must be conducted at least once every three years. The amount of boom required to be deployed is the amount needed for the site strategy or strategies identified in the drill scenario, but no more than the amount required at protection hour six pursuant to the Site Protection Table in section 828.1.

To the degree the information required by subsections 817.03(b) through (k) exists elsewhere, copies of the pre-existing information may be submitted. If the information provided is not sufficient to meet the requirements of this subchapter, additional information may be requested by the Administrator.

Note: Authority cited: Sections 8670.7, 8670.28, 8670.29, 8670.30 and 8670.32, Government Code. Reference: Sections 8670.7, 8670.10, 8670.25.5, 8670.28, 8670.29, 8670.30, 8670.31, 8670.32 and 8670.37.51, Government Code.

History

1. New section filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).

2. Change without regulatory effect amending subsections (f)(1) and (j)(2)(D) and amending Note filed 8-29-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 35).

3. Amendment of subsection (a)(4) and amendment of Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).

4. Amendment filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).

5. Amendment of subsection (d)(3)(A)2., repealer of subsections (f)(5)-(f)(5)(B), subsection renumbering and amendment of subsections (g)(2)(B) and (g)(6) filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).

6. Change without regulatory effect amending subsections (g)(2)(B) and (g)(6) filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).

7. Amendment of subsection (a)(4), new subsections (a)(4)(A)-(D), amendment of subsections (a)(5), (d)(5)(A), (f)(1) and (i)(2) and amendment of Note filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

8. Amendment of subsections (g)(2)(A)-(B) and (k)(1) filed 9-26-2022; operative 1-1-2023 (Register 2022, No. 39).

9. Amendment of subsection (d), new subsections (d)(5)(C)-(d)(5)(C)5 and amendment of subsection (f)(1)(A) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).

10. Amendment filed 8-22-2025; operative 1-1-2026 pursuant to Government Code section 11343(b)(2) (Register 2025, No. 34).