Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1 - Fish and Game Commission-Department of Fish and GameSubdivision 4 - Office of Spill Prevention and ResponseChapter 3 - Oil Spill Prevention and Response Planning
Subchapter 4 - Oil Spill Contingency Plans, Nontank Vessels
Section 826.01 - Plan Submittal

Cal. Code Regs. tit. 14 § 826.01

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 826.01 - Plan Submittal
(a) Plans:

Unless otherwise exempt, each owner/operator of a nontank vessel shall provide an oil spill contingency plan for that nontank vessel. The plan may be specific to an individual nontank vessel or may apply to a fleet of nontank vessels. All nontank vessel-specific elements required by Subsections 827.02(a) through (f) of this subchapter shall be addressed for an individual nontank vessel or all the nontank vessels included in a Fleet Plan.

(1) Response Elements:
(A) Nontank Vessel Fleet Plans

Fleet contingency plans may be submitted by an owner/operator that has a number of nontank vessels that transit the same or substantially the same routes in marine waters. Nontank vessels may be added to a fleet tank vessel contingency plan providing all of the requirements of this subchapter are met.

1. A fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter.
(2) Incorporation of Other Plans and Reference Documents

An individual or fleet contingency plan shall contain all prevention and response elements required pursuant to this subchapter. Citing specific relevant sections of appropriate reference material may be an acceptable alternative to reproducing the full text, maps, diagrams, etc., in the contingency plan. The Administrator will determine if such submissions or citations adequately meet the requirements of this subchapter prior to final plan approval. Examples of plans or other reference documents that may be submitted or cited include, but are not limited to, the following:

(A) Plans Submitted to International, Federal or State Authorities: Appropriate sections of plans submitted to and approved by any state, federal or international authority may be either submitted or cited, as approved by the Administrator, to meet part of the requirements contained in this subchapter. These references may include documents submitted to comply with California's tank vessel contingency plan requirements, U.S. Coast Guard requirements, or the International Safety Management (ISM) Code.
(B) Federal Area Contingency Plans (ACP) and Geographic Response Plans (GRP): Information from ACP's and GRP's currently in effect which meet the requirements of Subsections 827.02(g) through (n) may be cited. Information from ACP's and GRP's that are not currently in effect must be submitted.
(C) Privately Prepared Reference Documents: Private companies may prepare reference documents specifically intended to address part or all of the requirements of Subsections 827.02(g) through (n) of this subchapter. These documents may incorporate other plans or reference documents pursuant to this Subsection 826.01(a)(2). With a company's authorization, a plan holder may submit such a document in its entirety to meet part or all of the requirements of Subsections 827.02(g) through (n).
(D) Rated OSRO:

When contracting with an OSRO, Rated by OSPR pursuant to Title 14, California Code of Regulations (CCR) Section 819.02, to meet the oil spill response requirements under this subchapter, the owner/operator may cite the Rated OSRO application in lieu of listing the OSRO's response resources which meet the requirements of 14 CCR Section 819.02.

1. An OSRO Rating does not guarantee the performance of an OSRO, nor does the use of an OSPR-Rated OSRO in a contingency plan relieve the plan holders of their ultimate statutory and regulatory responsibility to ensure the adequacy of the spill response resources identified in their contingency plan.
(E) If approved by the Administrator, plans, reference texts and other materials not listed above may be submitted to meet part of the requirements of this subchapter.
(b) Time frames:
(1)
(A) A nontank vessel shall submit a contingency plan that is received by OSPR at least five working days prior to entering marine waters.
(B) Nontank vessel owner/operators shall notify the Administrator by facsimile prior to entering marine waters for the harbors of Humboldt Bay, Port Hueneme, Monterey Bay, and San Diego, and the ports of Stockton and Sacramento.
(c) Receiving Agencies:
(1) One copy of the applicable contingency plan (either hard copy or electronic media -- see Section 826.02) covering each Geographic Region the nontank vessel transits shall be delivered to the Office of Spill Prevention and Response. Delivery of the plan may be in person or by registered mail with return receipt requested, or the equivalent. Additional hard copies shall be provided to an OSPR regional office upon request.
(2) Within two working days of a request from the Administrator, additional copies (hard copy or electronic media) shall be mailed by the plan holder to the State Oil Spill Technical Advisory Committee.
(3) Any additional copies shall be submitted within two working days of a request by the Administrator.
(d) Confidentiality:
(1) A plan holder may request that proprietary information, including reports or studies, be kept confidential, by following the process described in section 790.3 of chapter 1.

Cal. Code Regs. Tit. 14, § 826.01

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).
2. Change without regulatory effect repealing subsections (a)(1)(B)-(a)(1)(B)2. and amending subsections (b)(2)(B) and (d)(1)-(d)(1)(A) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsection (a)(2)(D), new subsection (a)(2)(D)1., amendment of subsections (b) and (c)(1)-(2) and repealer of subsection (c)(4) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Redesignation and amendment of former subsection (b)(1) as new subsections (b)(1)(A)-(B), repealer of subsections (b)(2)-(b)(2)(D) and amendment of subsection (c)(1) and NOTE filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
5. Change without regulatory effect amending subsection (c)(2) filed 6-19-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 25).
6. Amendment of subsection (d) and repealer of subsections (d)(1)-(d)(3)(C) filed 7-5-2022; operative 10-1-2022 (Register 2022, No. 27).

Note: Authority cited: Sections 8670.28 and 8670.29, Government Code. Reference: Sections 8670.28, 8670.29 and 8670.31, Government Code.

1. New section filed 12-28-99; operative 2-3-2000 pursuant to Government Code section 11343.4 (Register 99, No. 53).
2. Change without regulatory effect repealing subsections (a)(1)(B)-(a)(1)(B)2. and amending subsections (b)(2)(B) and (d)(1)-(d)(1)(A) filed 3-30-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 13).
3. Amendment of subsection (a)(2)(D), new subsection (a)(2)(D)1., amendment of subsections (b) and (c)(1)-(2) and repealer of subsection (c)(4) filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
4. Redesignation and amendment of former subsection (b)(1) as new subsections (b)(1)(A)-(B), repealer of subsections (b)(2)-(b)(2)(D) and amendment of subsection (c)(1) and Note filed 5-3-2011; operative 6-2-2011 (Register 2011, No. 18).
5. Change without regulatory effect amending subsection (c)(2) filed 6-19-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 25).
6. Amendment of subsection (d) and repealer of subsections (d)(1)-(d)(3)(C) filed 7-5-2022; operative 10/1/2022 (Register 2022, No. 27).