Cal. Code Regs. tit. 14, § 819.04 – Oil Spill Response Organization Rating Standards, Updates, and Renewals.

(a) Rating Standards.
1. (1) Ratings for Containment, Recovery, and Storage.
  1. (A) Marine Waters. Ratings for the first six hours of marine on-water services require sufficient dedicated response resources (as defined in section 790) or OSRO-owned and controlled resources (as defined in section 790). Ratings for containment boom services will be issued for the first 12 hours of capability. Containment boom, on-water recovery, and storage response resources must be at the location of the drill or spill, and deployed and operating within one hour of arrival, but no later than the designated time frame for each rating. The marine water rating time frames apply to all operating environments and are as follows:
    Ratings by Hour
    Equipment Times
    0
    On-scene and operational within 30 minutes
    1
    On-scene and operational within 1 hour
    2
    On-scene and operational within 2 hours
    3
    On-scene and operational within 3 hours
    4
    On-scene and operational within 4 hours
    6
    On-scene and operational within 6 hours
    12
    On-scene and operational within 12 hours
    18
    On-scene and operational within 18 hours
    24
    On-scene and operational within 24 hours
    36
    On-scene and operational within 36 hours
    60
    On-scene and operational within 60 hours
  2. (B) Inland On-Waters. Ratings for the first six hours of inland on-water services require sufficient dedicated response resources. The containment boom, recovery, and storage response resources must be at the location of the drill or spill, and deployed and operating within one hour of arrival, but no later than the designated time frame for each rating. The inland on-water rating time frames are as follows:
    Ratings by Hour
    Equipment Times
    6
    On-scene and operational within 6 hours
    12
    On-scene and operational within 12 hours
    24
    On-scene and operational within 24 hours
  3. (C) Terrestrial. Dedicated response resources are not required for a terrestrial service rating. Terrestrial response resources may be owned or subcontracted by the oil spill response organization to meet the terrestrial service rating and on-scene requirements. The equipment must be at the location of the drill or spill, and deployed and operating within one hour of arrival, but no later than the designated time frame for each rating. The inland terrestrial service rating time frames are as follows:
    Ratings by Hour
    Equipment Times
    6
    On-scene and operational within 6 hours
    12
    On-scene and operational within 12 hours
    24
    On-scene and operational within 24 hours
  An oil spill response organization may apply for a rating within an area contingency plan or a response planning area, or county within a response planning area to provide containment, on-water or terrestrial recovery, or storage services to plan holders. Ratings will reflect the type of response services offered based on the projected arrival time of the response equipment and personnel within the designated areas.
2. (2) Ratings for Environmental Sensitive Site Protection.
  1. (A) Ratings for environmental sensitive site protection are based on the ability of the oil spill response organization to deploy the minimum protective boom in the protection hour time frames for which the rating is sought, as described in section 828.1. The oil spill response organization must be able to implement every sensitive site strategy identified within the geographic response area for which the rating is sought.
  2. (B) Ratings for environmental sensitive site protection with protection hour time frames, as specified in section 828.1, up to and including six hours, require dedicated response resources or OSRO-owned and controlled resources. The table in section 828.1 lists the applicable percentage and amount of dedicated response resources that are required for each geographic response area.
  3. (C) To receive a rating for environmental sensitive site protection services, an oil spill response organization must participate in the Office of Spill Prevention and Response's sensitive site strategy evaluation program, as defined in section 790, and must comply with all local, state and federal laws, regulations, and permitting requirements (e.g. damage minimization measures and equipment specifications).
    1. 1. An oil spill response organization that applies for a rating for environmental sensitive site protection services will be subject annually to at least one, but not more than four, announced sensitive site strategy evaluation program drills. The drills test and evaluate the protective strategies that are designed to exclude or divert oil spills away from environmental sensitive sites, as described in the area contingency plans.
    2. 2. An oil spill response organization that participates in the sensitive site strategy evaluation program will receive a yearly schedule from the Office of Spill Prevention and Response which lists the sensitive sites to be drilled. The oil spill response organization must make arrangements to provide all the necessary equipment and personnel. The Administrator will develop this schedule to assure that a representative number and type of sensitive sites that could potentially be impacted will be drilled. The schedule must reflect the Office of Spill Prevention and Response's best achievable protection mandate, factoring in the Office of Spill Prevention and Response's workload, and seasonal variability and sensitivities. The Office of Spill Prevention and Response will work with the oil spill response organization to ensure that all local, state, and federal laws, regulations and permitting requirements are complied with as part of sensitive site strategy evaluation program drill planning and implementation.
    3. 3. For facilities that conduct their own sensitive site drill planning and implementation, the Office of Spill Prevention and Response will work with the facility plan holder to ensure that all local, state, and federal laws, regulations and permitting requirements are complied with as part of the drill planning and implementation.
    4. 4. Oil spill response organizations are required to drill the sensitive site strategies that are identified in the applicable area contingency plan.
3. (3) Ratings for Non-Floating Oil Recovery and Containment.
  1. (A) A valid non-floating oil classification, issued by the United States Coast Guard; and
  2. (B) A copy of its application that was approved for a United States Coast Guard non-floating oil classification. If the application does not contain a list and description of equipment and personnel, then such information must also be submitted. Pursuant to section 819.05, any subsequent change in the application to the United States Coast Guard, supporting documents, or the classification issued, must be submitted to the Office of Spill Prevention and Response within 14 calendar days; and
  3. (C) An adaptation of the oil spill response organization's estimated deployment times for detection and recovery assets to the Coast Guard Captain of the Port zones or Alternate Classification Cities that are listed in its United States Coast Guard non-floating oil classification application. This adaptation should apply Captain of the Port and Alternate Classification Cities deployment times to the applicable area contingency plan or geographic response area to demonstrate that the oil spill response organization is capable of deploying detection and recovery assets in that area within 24 hours of a non-floating oil spill. Submission of this adaption satisfies the requirements for 819.02(e)(2).
  An oil spill response organization may apply for a rating within an area contingency plan or a response planning area, or county within a response planning area, to provide non-floating oil (as defined in section 790) recovery services. This rating may be applied for by submitting:
(b) Updates.
1. (1) To maintain the oil spill response organization's assigned rating, the following information must be updated and submitted to the Administrator within 30 calendar days of a non-significant change:
  1. (A) The current list of the oil spill response organization's client plan holders; and
  2. (B) The list of owned and subcontracted oil spill response equipment and trained personnel listed in the application.
2. (2) On or before July 1, 2026, an oil spill response organization with an environmental sensitive site protection rating shall submit an updated environmental sensitive site protection rating application to include the contents required by subsection 819.02(e).
3. (3) Pursuant to section 819.05, significant changes must be reported to the Administrator.
(c) Renewals.
1. (1) An oil spill response organization must file an application for renewal at least 90 calendar days prior to the expiration of the rating. Renewal applications must address the same content as a new application and will follow the same review, verification, and drill procedures as a new application, as specified in subsection 819.03. Modification of a rating will not affect the three year rating period as indicated in the approval letter.
2. (2) Ratings may be renewed earlier at the request of the oil spill response organization in the event the oil spill response organization has sustained a significant change in response resources, as described in section 819.05.
3. (3) The Administrator may require an earlier or more frequent rating renewal than that required in subsection (c)(1) above. The oil spill response organization will be notified in writing if an earlier renewal is required. The notice will include an explanation of the reasons for the earlier rating renewal. The circumstances that would warrant an earlier renewal include, but are not limited to, the following:
  1. (A) A change in regulations.
  2. (B) The development of new oil spill response technologies as determined by the Administrator.
  3. (C) Deficiencies in oil spill response capability identified by the Administrator as part of the Coastal Protection Review.
  4. (D) An increased need to protect plant and wildlife habitat.
  5. (E) Deficiencies in oil spill response capability identified during an oil spill.
  6. (F) Deficiencies in oil spill response capability identified during an announced or unannounced drill.
  7. (G) Significant change in the oil spill response organization's response capability.
  8. (H) Any other situation that calls into question the oil spill response organization's rated capabilities, as determined by the Administrator.

Note: Authority cited: Sections 8670.7.5, 8670.28 and 8670.30, Government Code. Reference: Sections 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 heading, section and Note filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).

4. Amendment of subsections (b)(1)-(2), new subsection (b)(3) and amendment of subsection (d) 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 subsections (a), (b)(1)-(3), (b)(4)(C), (c)(1)(A) and (d)(3) and amendment of 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 subsections (a), (b)(1)-(3), (b)(4)(C), (c)(1)(A) and (d)(3) and amendment of 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 subsections (a), (b)(1)-(3), (b)(4)(C), (c)(1)(A) and (d)(3) and amendment of 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 subsections (a), (b)(1)-(3), (b)(4)(C), (c)(1)(A) and (d)(3) and amendment of 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 subsection (a)(3)-(a)(3)(A), repealer of subsections (a)(3)(B)-(a)(3)(B)4. and new subsections (a)(3)(B)-(C) filed 11-28-2022; operative 1-1-2023 (Register 2022, No. 48).

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