§ 2375. Requirements for Persons in Charge.

(a) Terminal Person in Charge (TPIC).

(1) The TPIC of oil transfer operations shall have successfully complied with all of the following:

(A) A program of operations and supervisory personnel training as prescribed in 2 CCR s 2542(e);

(B) A testing and evaluation procedure to qualify for certification as prescribed in 2 CCR s 2545(f);

(C) Recertification as prescribed in 2 CCR s 2545(g), as appropriate;

(D) At least 48 hours of experience in oil transfer operations, including a minimum of 6 connections and transfers and 6 transfers and disconnects; and

(E) Sufficient experience at the terminal for the terminal operator to determine that this experience is adequate for being in charge of oil transfer equipment and procedures.

(2) The terminal operator shall ensure that each TPIC has valid documentation to authenticate that the requirements of subsections (a)(1)(A) through (E) of this section have been met.

(3) The terminal operator shall designate in writing each person authorized to serve as a TPIC and advise the Division, in writing, of his or her designation.

(4) Each TPIC shall carry evidence of their authorization to serve as a TPIC when they are engaged in transfer operations, unless such evidence is immediately available at the terminal.

(b) Vessel Person in Charge (VPIC).

(1) For the purpose of this subsection, a “PIC” means Person in Charge.

(2) The operator of a tank vessel or barge with a capacity of 250 or more barrels of oil, shall designate, in writing, a person in charge of each transfer operation.

(3) The VPIC of oil transfer operations shall have sufficient training and experience with respect to the cargo to be transferred and the relevant characteristics of the vessel or barge on which he or she is engaged, including, but not limited to, the cargo system, cargo containment system, transfer procedures, shipboard emergency equipment and procedures, control and monitoring systems, procedures for reporting pollution incidents, and, if installed, Crude Oil Washing (COW), inert gas, and vapor control systems, to conduct a transfer of oil safely. The minimum qualifications necessary to be designated as VPIC are those set forth in this Article 5 and 33 CFR 155.710.

(4) Each designated VPIC of a tank vessel documented under the laws of the United States shall:

(A) Hold a license issued under 46 CFR Part 10 authorizing service aboard a vessel certified for voyages beyond any Boundary Line described in 46 CFR Part 7, except on tank vessels not certified for voyages beyond the Boundary Line; and

(B) Hold a Tankerman-PIC endorsement issued under 46 CFR Part 13 that authorizes the holder to supervise the transfer of oil or liquid cargo in bulk.

(5) Each designated VPIC of a tank barge required to be inspected under Title 46, of the United States Code, Section 3703, shall hold a Tankerman-PIC or Tankerman-PIC (Barge) endorsement issued under 46 CFR Part 13 that authorizes the holder to supervise the transfer of oil or liquid cargo in bulk.

(6) Each designated VPIC of a foreign tank vessel shall:

(A) Hold a license or other document issued by the flag state or its authorized agent authorizing service as master, mate, pilot, engineer, or operator on that vessel;

(B) Hold a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence attesting that the VPIC meets the requirements of Chapter V of STCW as a PIC of the transfer of oil or liquid cargo in bulk;

(C) Be capable of reading, speaking, and understanding in English, or a language mutually agreed upon with the TPIC, all instructions needed to commence, conduct, and complete a transfer of oil, or a liquid cargo in bulk, except that the use of an interpreter meets this requirement if the interpreter:

1. Fluently speaks the language spoken by each PIC;

2. Is immediately available to the VPIC on the tank vessel at all times during the transfer; and

3. Is knowledgeable about, and conversant with terminology of tank vessels and transfers; and

(D) Be capable of effectively communicating with all crew members involved in the transfer, with or without an interpreter.

(7) Each designated VPIC of foreign tank barge shall:

(A) Hold a Dangerous-Cargo Endorsement or Certificate issued by a flag state party to STCW, or other form of evidence attesting that the VPIC meets the requirements of Chapter V of STCW as a PIC of the transfer of oil;

(B) Be capable of reading, speaking, and understanding in English, or a language mutually agreed upon with the TPIC of the transfer, all instructions needed to commence, conduct, and complete a transfer of oil or liquid cargo in bulk, except that the use of an interpreter meets this requirement if the interpreter:

1. Fluently speaks the language spoken by each PIC;

2. Is immediately available to the VPIC on the tank barge at all times during the cargo transfer; and

3. Is knowledgeable about, and conversant with terminology of, tank vessels, barges and transfers; and

(C) Be capable of effectively communicating with all crew members involved in the transfer, with or without an interpreter.

HISTORY

1. New section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).

2. Amendment filed 3-9-99; operative 4-8-99 (Register 99, No. 11).

Note

Note: Authority cited: Sections 8750, 8751 and 8755, Public Resources Code. Reference: Sections 8750, 8751, 8752 and 8755, Public Resources Code.