1. (a) An individual or entity may apply for consideration as a rated oil spill response organization to provide oil spill response services and capabilities to plan holders. A written application meeting all of the applicable requirements of this section must be delivered by mail or e-mail to the following:

   DEPARTMENT OF FISH AND WILDLIFE

   OFFICE OF SPILL PREVENTION AND RESPONSE

   ATTN: PREPAREDNESS BRANCH

   P.O. BOX 944209

   SACRAMENTO, CA 94244-2090

   E-MAIL: [email protected]

2. (b) All applicable information in this subsection and subsections (c), (d), (e) and (f) is required before an application will be considered complete to be reviewed by the Administrator:

   1. (1) The oil spill response organization's name, contact person, mailing and physical address, e-mail address, facsimile and telephone numbers;
   2. (2) All subcontractor company names (if applicable), contact person, mailing and physical addresses, e-mail address, facsimile and telephone numbers;
   3. (3) List of plan holders contracted with;
   4. (4) For the previous two years from the date of the application, documentation of California oil spills responded to or California equipment deployment drills participated in, including personnel and equipment used;
   5. (5) An organizational diagram depicting the oil spill response organization's response organization and management or command structure;
   6. (6) A description of the roles, responsibilities and method to integrate the oil spill response organization with an incident command system or a unified command as required by California Code of Regulations, title 8, subsection 5192(q)(3)(A);
   7. (7) For each type of service, identify the types of oil to which the oil spill response organization is willing and able to respond; and

   8. (8) A description of the oil spill response organization's communications equipment, to include:

      1. (A) The amount and type of equipment;
      2. (B) The frequencies to be used; and
      3. (C) The number of certified operators.

3. (c) Response Resources -- Equipment and Personnel.

   1. (1) A description of the boom to include:

      1. (A) Total lengths of boom by type;
      2. (B) Manufacturer name and model;
      3. (C) Freeboard and draft;
      4. (D) Connector type;
      5. (E) Intended operating environments; and
      6. (F) Associated anchoring systems.

   2. (2) A description of the skimmers or skimming system, to include:

      1. (A) Total number of skimmers by type;
      2. (B) Skimmer manufacturer name and model;
      3. (C) Intended skimmer operating environments, including water current;
      4. (D) Skimmer type by design (i.e., stationary, advancing, self-propelled, stationary/advancing);
      5. (E) Compatibility of the skimmer, pump, power source, and hoses;
      6. (F) Skimmer manufacturer's nameplate capacity;
      7. (G) Effective Daily Recovery Capacity;
      8. (H) Storage capacity of the skimming system (e.g., dracones, tank barges, portable liquid storage tanks, etc.), and pump rate for off-loading on-board storage;
      9. (I) For each vessel with built-in or on-board skimming capability, provide the details outlined above in (A) thru (H), as applicable; and
      10. (J) For each vacuum truck, provide the details outlined above in (A) thru (H), as applicable, as well as the license number of the truck.

   3. (3) A description of all vessels used for response efforts, to include:

      1. (A) Vessel name, registration number, and International Maritime Organization number, as applicable;
      2. (B) Vessel length, width, and draft;
      3. (C) Vessel type by design;
      4. (D) Intended response use or purpose for the vessel, and the operating environments;
      5. (E) Towing capability and capacity;
      6. (F) Horsepower;
      7. (G) Amount of boom on board;
      8. (H) Amount of on-board storage for recovered liquids;
      9. (I) Pump rate for off-loading on-board storage; and
      10. (J) Applicable design limits, including suitability for different types of oils, operating environments as related to adverse weather, and draft.

   4. (4) A description of any barge and its on-board portable or fixed tanks, to store recovered oil and liquids, to include:

      1. (A) Vessel name;
      2. (B) Official number;
      3. (C) Length/beam/draft; and
      4. (D) Maximum capacity.

   5. (5) For terrestrial containment and recovery, a description of all equipment including, but not limited to:

      1. (A) Backhoes;
      2. (B) Bulldozers;
      3. (C) Vacuum trucks, including size and storage capacity;
      4. (D) Portable or fixed storage tanks, including maximum capacity;
      5. (E) Hydraulic cranes, including manufacturer name, size and type; and
      6. (F) Pumps, including size, type and pump rate.
   6. (6) Equipment inspections and maintenance must be documented and the records maintained for three years. The location of the records must be noted in the application, and all records must be available for review during verification inspections conducted by the Office of Spill Prevention and Response.
   7. (7) For any equipment not located within the area contingency plan or response planning area for which a rating is sought, the applicant must provide attestation that the equipment is transportable and available for use within the rating time period.
   8. (8) Equipment must be listed only if it is in fully operable condition. Future equipment, ordered but not yet delivered and fully operable, may be listed, but it must be listed and identified separately with its date of availability indicated.

   9. (9) Personnel.

      1. (A) The number of personnel that are to be utilized for response efforts within the first six hours of a spill, their assignments during spill response, whether they are dedicated or non-dedicated response resources, and whether they are OSRO-owned and controlled or are subcontracted personnel. A list matching trained personnel by name to the equipment type and the response services offered must be made available for review during verification inspections by the Office of Spill Prevention and Response;
      2. (B) The plan for mobilization of personnel including cascading additional personnel, and estimated time of mobilization;

      3. (C) A list of the training and qualifications required for each spill response assignment including:

         1. 1. All appropriate state and federal safety and training requirements, including the California Department of Industrial Relations, Division of Occupational Safety and Health requirements for Hazardous Waste Operations and Emergency Response, pursuant to California Code of Regulations, title 8, section 5192;
         2. 2. The number of trained supervisors and laborers, and the types of training received;
         3. 3. The procedures for training personnel;
         4. 4. The timelines for mobilizing and training additional response personnel not under contract; and
         5. 5. A statement by the oil spill response organization certifying that all personnel within a job category or for specific equipment use have the requisite training and qualifications for their assignment during spill response.
      4. (D) Documentation of training and qualifications must be maintained by the oil spill response organization and must be made available to the Administrator upon request.

      For all personnel identified as a response resource, the application must include the following for each area contingency plan or response planning area in which a rating is requested:

   The application must include the applicable information for each area contingency plan or response planning area. The application must indicate whether the response resources are OSRO-owned and controlled (as defined in section 790) or subcontracted (including subcontractor's name). The application must also indicate whether the response resources are dedicated or non-dedicated (as defined in section 790 and described in 819.04(a)). The application must include the following information for on-water, terrestrial response resources, and environmental sensitive site protection as applicable, including the stored location for each item, but not limited to:

4. (d) Subcontracted Response Resources.

   1. (1) On-scene deployment time frames by area contingency plan or response planning area, as applicable, and operating environments.

   2. (2) Evidence of a valid contract from each company that is providing the contracted resources. The evidence must include, but not be limited to, the following:

      1. (A) The name of the company providing the resources (subcontractor);
      2. (B) A complete listing and storage location of the specific resources being provided;
      3. (C) The time frame for which the agreement is valid;
      4. (D) Any limits on the availability of resources; and

      5. (E) A signed letter from the subcontractor by an authorized individual, to the oil spill response organization stating the following:

         “The information provided regarding [subcontractor] response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow Office of Spill Prevention and Response personnel access to my facility and records for the purpose of verifying the information contained in the rating application in which my assets are listed. I agree to participate in announced and unannounced drills as set forth in California Code of Regulations, title 14, section 819.03, to verify any or all of the information regarding the response resources contained in my rating application.”

   3. (3) Any drill or inspection of subcontracted response resources must be coordinated with the oil spill response organization whose application contains the subcontracted response resources.
   4. (4) If any on-water subcontracted response resources are relied upon for the first six hours, then those subcontracted response resources must be dedicated response resources, and indicated as subcontracted dedicated response resources in the application pursuant to subsection (c).

   If response resources that form the basis for a rating are under contract from another party, and if the information required in this subsection is not listed elsewhere, the following information is required in the application:

5. (e) Service-Specific Information.

   1. (1) A list of the geographic response area or response planning areas within which response services are being offered. Include for each area:

      1. (A) The response services being offered (i.e., containment, non-floating oil detection and recovery, on-water or terrestrial recovery, storage, and environmental sensitive site protection);
      2. (B) Estimated time frames to deploy response resources on-scene for each service;
      3. (C) The operating environments for the response services, as applicable, minimum operating depth, and currents or flow for vessels, skimmers, and containment boom; and
      4. (D) The requested rating, as described in subsection 819.04(a).

   2. (2) For each rating (as described in section 819.04) and for each response service offered, a written plan of operations or a narrative describing the call-out of the response resources within each geographic response area or response planning area of response coverage. The plan of operations or narrative may be limited to the time frames described in section 819.04(a)(1). The description must account for seasonal environmental conditions that may be reasonably anticipated that would hinder response efforts.

      In addition, the application may include a written general plan to acquire response resources beyond these time frames.

   3. (3) A description of the systems approach (as defined in section 790) for the response services offered in a narrative format for the equipment listed in subsection (c) of this section. The narrative must include, but not be limited to:

      1. (A) For all boom or containment:

         1. 1. A description of how containment equipment, including boom, is transported and the method of deployment.

      2. (B) For all skimmers (including vacuum trucks and vessel of opportunity skimming systems):

         1. 1. A description of how the skimmer is deployed and operated.
         2. 2. A description of how the skimmer is transported.

      3. (C) For all vessels (oil spill response organization owned vessels, and subcontracted vessels):

         1. 1. A description of how the vessel is transported.
         2. 2. A description of the type of spill response service the vessel is primarily to be used for (e.g., skimming, towing boom, boom deployment).

      4. (D) For all recovered oil and liquid storage:

         1. 1. A description of how recovered oil is transported to and from storage.

      5. (E) For heavy equipment:

         1. 1. A description of how the equipment is transported and deployed, if applicable.

   4. (4) For purposes of environmental sensitive site protection services pursuant to section 828.1, the following information must be submitted with the application:

      1. (A) A list of each geographic response area within which a sensitive site protection rating is sought.
      2. (B) The protection hour time frames for the geographic response areas for which a rating is sought.
      3. (C) A description of the boom, anchoring systems, vessels, skimmers, special equipment, trained personnel, and other resources for each protection hour for each geographic response area. Dedicated equipment must be identified.
      4. (D) A description of how the sensitive site protection response resources are transported to and deployed in each geographic response area. The description must include the locations from which these response resources will be launched into the water, such as boat ramps, docks, or shore-based access points. If addresses are not available, a citation to the latitude and longitude will suffice. These designated locations must be suitable for the staging and deployment of the resources. Multiple designated locations may be required for larger geographic response areas. These locations will serve as the designated deployment locations for a rating drill within that respective geographic response area.
   5. (5) For non-floating oil detection, recovery, and response services, a copy of the applicant's application for the United States Coast Guard non-floating oil classification must be submitted with the application.

   The application for a rating must include the following:

6. (f) Attestation.

   The application must contain the following language, signed and dated by an authorized representative of the oil spill response organization:

   “The information provided regarding response equipment and personnel is factual and correct to the best of my knowledge and belief. I agree to allow Office of Spill Prevention and Response personnel access to my facility and equipment, prior and subsequent to receiving a rating, for the purpose of verifying the information contained in this application. I understand that all response resources identified for rating purposes are subject to verification visits. I agree to participate in announced and unannounced drills as set forth in California Code of Regulations, title 14, section 819.03, to verify any or all of the information contained in this application, prior and subsequent to receiving a rating.”

7. (g) Confidentiality.

   An oil spill response organization rating applicant may designate proprietary information in the application to be kept confidential, including any reports or studies prepared or submitted, by following the process described in section 790.3 of chapter 1.

Note: Authority cited: Sections 8670.7.5, 8670.28 and 8670.30, Government Code. Reference: Sections 8670.10, 8670.19, 8670.28 and 8670.30, Government Code.

History

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).

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

3. Amendment of section and 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 filed 11-14-2014; operative 1-1-2015 (Register 2014, No. 46).

6. Amendment of section and Note filed 10-12-2015 as an emergency; operative 10-12-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 42).

7. Amendment of section and Note refiled 10-4-2016 as an emergency, including further amendment of Note; operative 10-4-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 41).

8. Amendment of section and Note refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).

9. Amendment of section and Note refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).

10. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading and section, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).

11. Amendment of subsections (a) and (g) and repealer of subsections (g)(1)-(g)(3)(B) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).

12. Amendment of subsection (e)(1)(A) and new subsection (e)(5) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).

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