§ 2395. Spill Containment for Transfer Operations.

(a) Applicability.

The provisions of this section apply to:

(1) All transfer operations where the oil transferred is a persistent oil; and

(2) All transfer operations into vessel's tanks containing persisent oil or residues of persistent oil.

(b) General.

(1) For the purpose of this section and section 2396, “persistent oil” means a petroleum-based oil that does not meet the distillation criteria for a non-persistent oil. “Non-persistent oil” means a petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly; specifically, an oil with hydrocarbon fractions, at least 50 percent of which, by volume, distills at a temperature of 645 degrees Fahrenheit and at least 95 percent of which, by volume, distills at a temperature of 700 degrees Fahrenheit.

(2) For the purpose of this section and section 2396, the term “boom” means flotation boom or other effective barrier containment material suitable for containment of oil that is discharged onto the surface of the water.

(3) For the purpose of this section and section 2396, an “offshore marine terminal subject to high velocity currents” means an onshore terminal at which the maximum current velocities are 1.5 knots or greater for the majority of the days in the calendar year.

(c) Vessel Loading Operations at Onshore Terminals.

(1) Prior to commencement of each transfer operation from the terminal to the vessel at an onshore terminal, the terminal operator shall deploy boom to enclose the water surface surrounding the vessel so as to provide common containment area for:

(A) The entire vessel at the waterline; and

(B) Either of the following:

1. The entire dock; or

2. Portions of the dock where oil may spill into the water.

(2) To meet the requirements of subsection (c)(1)(B) of this section, where the face of the dock is capable of acting as an effective barrier on the inboard side of the vessel, the boom on that side may be deployed so that it provides containment between the vessel and the dock.

(3) The boom shall be deployed so that it provides a stand-off of not less than 4 feet from the outboard side of the vessel.

(4) For onshore marine terminals subject to high velocity currents, the terminal operator may provide sufficient boom appropriate to the conditions at the terminal, trained personnel and equipment, maintained in a standby condition at the berth for the duration of the entire transfer operation, so that a length of at least 600 feet of boom will be deployed for effective containment within 30 minutes of a spill as an alternative to the requirements set forth in subsections (c)(1) and (c)(2) of this section.

(d) Vessel Offloading Operations at Onshore Terminals.

(1) Prior to commencement of each transfer operation from the vessel to the terminal at an onshore terminal, the terminal operator shall deploy boom to enclose the water surface on the inboard side of the vessel, so as to provide common containment area for:

(A) The vessel's entire inboard length, at the waterline; and

(B) Either of the following:

1. The entire dock; or

2. Portions of the dock where oil may spill into the water.

(2) Where the face of the dock is capable of acting as an effective barrier, the boom shall be deployed so that it provides containment between the vessel and the dock.

(3) For onshore marine terminals subject to high velocity currents, the terminal operator may provide sufficient boom appropriate to the conditions at the terminal, trained personnel and equipment, maintained in a standby condition at the berth for the duration of the entire transfer operation, so that a length of at least 600 feet of boom will be deployed for effective containment within 30 minutes of a spill as an alternative to the requirements set forth in subsections (d)(1) and (d)(2) of this section.

(e) Transfer Operations at Offshore Terminals.

Prior to commencement of each transfer operation at offshore terminals, the terminal operator shall provide sufficient boom appropriate to the conditions at the terminal, trained personnel and equipment, maintained in a stand-by condition at the berth, so that a length of at least 600 feet of boom will be deployed for effective containment within 30 minutes of a spill.

HISTORY

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

2. Amendment of subsections (b)(1)-(3), (c)(4), (d)(3) and (e)(1)-(2) filed 10-5-94; operative 11-4-94 (Register 94, No. 40).

3. Amendment of subsection (a), repealer and new subsections (a)(1)-(2), amendment of subsection (e), and repealer of subsections (e)(1)-(2) filed 3-9-99; operative 4-8-99 (Register 99, No. 11).

Note

Note: Authority cited: Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code. Reference: Section 8670.28, Government Code; and Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code.