Section 819.04 - Oil Spill Response Organization Rating Standards, Updates, and Renewals(a) Rating Standards (1) Ratings for Containment, Recovery, and Storage 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.
(A) Marine Waters. Ratings for the first six hours of marine on-water services require sufficient dedicated response resources (as defined in section 815.05(c)) 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 |
(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 |
(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 |
(2) Ratings for Shoreline Protection (A) Ratings for shoreline protection are based on the ability of the oil spill response organization to perform identified protection strategies for a sensitive site in the time frames required, as outlined in the appropriate Shoreline Protection Tables.(B) Ratings for sites with "Protect by Hour" time frames, as specified in the Shoreline Protection Tables, up to and including six hours, require dedicated response resources or OSRO-owned and controlled resources. The following table lists the applicable percentage of dedicated response resources that are required for each area contingency plan: | Area Contingency Plan | % DEDICATED RESPONSE RESOURCES FOR SHORELINE PROTECTION - 0 to 6 Hours - |
| 1 | 50% |
| 2 | 75% |
| 3 | 0% |
| 4 | 0% |
| Except, for Channel Islands Harbor and Port Hueneme sites only, 75% dedicated response resources are required. |
| 5 | 75% |
| 6 | 50% |
(C) For shoreline protection coverage for vessels operating in small harbors, the Shoreline Protection Tables include a listing of small harbors throughout the state. An oil spill response organization may apply for a rating for each small harbor by meeting the requirements in the table. The following rating criteria are associated with the Small Harbor Table only:1. Non-dedicated response resources are allowed for shoreline protection coverage for vessels that operate in small harbors.2. The amounts of boom, boats and personnel, as listed in the Shoreline Protection Tables, are required for the vessels that operate in small harbors. In some locations, additional response resources may be federally required in the applicable area contingency plan.3. Response resource requirements may be met either with pre-positioned equipment (as identified in the plan holder's contingency plan) or by a contract with a rated oil spill response organization. Advance notice by the plan holder to the oil spill response organization is required before operating within a small harbor.4. An oil spill response organization may apply for a temporary small harbor rating for shoreline protection for a specific time frame to cover a vessel being used for a specific project. Unannounced drills for these temporary ratings will not require actual deployment of equipment.(D) To receive a rating for shoreline protection services, an oil spill response organization shall participate in the Office of Spill Prevention and Response's sensitive site strategy evaluation program, as defined in section 790, and shall comply with all local, state and federal laws, regulations, and permitting requirements (e.g. damage minimization measures and equipment specifications). 1. An oil spill response organization that applies for a rating for shoreline protection services shall be subject annually to at least one, but not more than four, announced sensitive site strategy evaluation program drills that test the protective response strategies that are designed to exclude or divert oil spills away from environmentally sensitive sites for which they apply to provide services.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 shall 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 shall 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. 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. Oil spill response organizations are required to drill the sensitive site response strategies that are identified in the applicable Shoreline Protection Tables.(3) Ratings for Non-Floating Oil Recovery and Containment 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 "Non-floating Oil" in section 790) recovery services. This rating may be applied for by submitting:
(A) A valid non-floating oil classification issued by the U.S. Coast Guard; and(B) A copy of its application that was approved for a U.S. 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 U.S. Coast Guard, supporting documents, or the classification issued, must be submitted to OSPR within 14 calendar days; and(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 U.S. 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 plan 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).(b) Updates (1) To maintain the oil spill response organization's assigned rating, the following information shall be updated and submitted to the Administrator within 30 calendar days of a non-significant change: (A) The current list of the oil spill response organization's client plan holders; and(B) The list of owned and subcontracted oil spill response equipment and trained personnel listed in the application.(2) Pursuant to section 819.05, significant changes shall be reported to the Administrator.(c) Renewals (1) An oil spill response organization shall file an application for renewal at least 90 calendar days prior to the expiration of the rating. Renewal applications shall address the same content as a new application and shall follow the same review, verification, and drill procedures as a new application, as specified in subsection 819.03. Modification of a rating shall not affect the three year rating period as indicated in the approval letter.(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) 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: (A) A change in regulations;(B) The development of new oil spill response technologies as determined by the Administrator;(C) Deficiencies in oil spill response capability identified by the Administrator as part of the Coastal Protection Review;(D) An increased need to protect plant and wildlife habitat;(E) Deficiencies in oil spill response capability identified during an oil spill;(F) Deficiencies in oil spill response capability identified during an announced or unannounced drill;(G) Significant change in the oil spill response organization's response capability; or(H) Any other situation that calls into question the oil spill response organization's rated capabilities, as determined by the Administrator.Cal. Code Regs. Tit. 14, § 819.04
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). Note: Authority cited: Sections 8670.7.5, 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code.
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).