Section 2546 - Program Approval(a) Terminal operators shall develop or modify their training and certification program to meet the requirements of Article 5.3, begin implementing the program, and, if necessary, update the description of this program within twelve months of the effective date of these regulations.(b) Within eighteen months of the effective date of these regulations the terminal operator shall have conducted certification procedures, as developed pursuant to subsection (b) of section 2545, for all existing personnel that are subject to the terminal's certification requirements and have entered their current position prior to these regulations becoming effective.(c) The Division shall review a terminal's training and certification program after the date determined by subsection (a) of this section. This review shall be accomplished by a general on-site inspection by the Division through evaluation of the terminal's training materials, testing and certification records, and consultation with terminal personnel.(d) The Division shall notify terminal operators regarding approval status within 30 calendar days of completing inspections under subsection (c) of this section.(e) Terminal operators who do not receive approval will have 90 days to address deficiencies in their training and certification program, with options for time extension at the discretion of the Division. For those personnel that were trained or certified after the dates established by subsection (a) of this section but prior to training program disapproval, retraining or recertification of such personnel due to changes required by the Division's approval process may be postponed until the next retraining or recertification cycle as established by the terminal pursuant to this Article.(f) Training and certification program approval is valid for five years. Significant changes to the terminal's program must be documented through an update of the terminal's training and certification program and submitted to the Division for approval. Minor upgrades in training programs, such as expansion of training hours or updates to training materials, are not required to be submitted. The Division may perform announced and unannounced inspections at terminals to verify compliance.(g) A training and certification program shall be approved if, in addition to meeting the requirements of sections 2544 and 2545 it demonstrates that, when implemented, it can, to the maximum extent practicable: (1) Provide protection from human factor oil spill risks identified in the risk analysis required by the terminal's oil spill contingency plan;(2) Minimize the likelihood that terminal oil spills will occur and minimize the size and impacts of those terminal oil spills which do occur;(3) Provide effective oil spill prevention training to supervisory, operations, maintenance, management, and indirect operations personnel;(4) Ensure proper evaluation of job competency; and(5) Provide an effective system to clearly document and track personnel training and certification.(h) The Division may approve a training and certification program with an expedited review as set out in this section if that program has been approved by a federal agency which the Division has deemed to apply approval criteria which equal or exceed those of the Division.(i) If the training and certification program receives approval, the terminal operator shall receive a letter of approval from the Division, describing the terms of approval, including expiration dates pursuant to subsection (f) of this section.(j) If approval is denied or revoked, the terminal operator shall receive, in writing, an explanation of the factors for disapproval and a list of deficiencies. The terminal operator may be subject to enforcement actions prescribed under sections 8670.57, 8670.58 8670.59 and 8670.61 of the Government Code.(k) Approval of a training and certification program by the Division does not constitute an express assurance regarding the adequacy of the program nor constitute a defense to liability imposed under state law. (1) The Division may review a program following any spill at the terminal.Cal. Code Regs. Tit. 2, § 2546
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10). Note: Authority cited: Sections 8755 and 8756, Public Resources Code. Reference: Sections 8670.57, 8670.58, 8670.59 and 8670.61, Government Code; and Sections 8751, 8755, 8756 and 8757, Public Resources Code.
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).