Cal. Code Regs. tit. 2 § 2541

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2541 - Definitions

Unless the context otherwise requires, the following definitions shall govern the construction of this article:

(a) "Barge" means any vessel that carries oil in commercial quantities as cargo, but is not equipped with a means of self-propulsion.

(b) "Certification" means the documentation that a terminal employee has met all of the requirements of an oil spill prevention training and job competency program that meets the requirements of this article.

(c) "Division" means the Marine Environmental Protection Division of the California State Lands Commission.

(d) "Division Chief" means the Chief of the Marine Environmental Protection Division or any employee of the Division authorized by the Chief to act on his behalf.

(e) "Human factors" means human conditions, such as inadequate knowledge or fatigue, which can lead to operator error or poor judgement.

(f) "Human factor risks" means risks of causing an oil spill due to the effects of human factors on competency and judgement.

(g) "Indirect operations" means involvement in on-site activities, such as new construction, in a capacity that indirectly involves the risk of an oil spill to waters of the state due to potential impacts to nearby oil-handling operations (e.g., operating digging equipment next to an active oil transfer pipeline).

(h) "Maintenance" means direct involvement in maintaining and repairing the equipment used for the transfer, storage, handling, or monitoring of oil at a marine terminal in a capacity that involves the risk of an oil spill to marine waters.

(i) "Management" means the first line supervision with direct involvement in managing the transfer, storage, handling, or monitoring of oil at a marine terminal by administering operations policies and procedures that involve the risk of an oil spill to marine waters.

(j) "Marine terminal" means a facility other than a vessel, located on or adjacent to marine waters in California, used for transferring oil to or from tank vessels or barges. The term references all parts of the facility including, but not limited to, structures, equipment and appurtenances thereto used or capable of being used to transfer oil to or from tank vessels or barges. For the purpose of these regulations, a marine terminal includes all piping not integrally connected to a tank facility.

(k) "Maximum extent practicable" means the highest level of effectiveness that can be achieved through the use of terminal personnel and best achievable technology. In determining what is the maximum extent practicable, the Division shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety, and the cost of the measures.

(l) "Offshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys.

(m) "Oil" means any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues therefrom, including, but not limited to, crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.

(n) "Onshore marine terminal" means any marine terminal at which tank vessels or barges are made fast to land structures or substantially land structures.

(o) "On-the-job training" means learning procedures and equipment use through observation of experienced and competent personnel, and supervised hands-on practice.

(p) "Operations" means direct involvement in the transfer, storage, handling, or monitoring of oil at a terminal in a capacity that involves the risk of an oil spill to waters of the state. This functional group includes but is not limited to the Terminal person in charge, storage tank operators, pipeline operators, and oil transfer monitors.

(q) "Operator" when used in connection with vessels, marine terminals, pipelines, or facilities, means any person or entity which owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses that vessel, terminal, pipeline, or facility. "Operator" does not include any entity which owns the land underlying the terminal or the terminal itself, where the entity is not involved in the operations of the terminal.

(r) "Personnel" means individuals employed by, or under contract with, a terminal.

(s) "Spill" or "discharge" means any release of oil into marine waters which is not authorized by any federal, state, or local government entity.

(t) "Supervisory" means involvement in directly supervising any transfer, storage, handling, or monitoring of oil at a marine terminal by implementing operations policies and procedures that involve risk of an oil spill to marine waters.

(u) "Tank facility" means any one or combination of above ground storage tanks, including any piping which is integral to the tank, which contains crude oil or its fractions and which is used by a single business entity at a single location or site. A pipe is integrally related to an above ground storage tank if the pipe is connected to the tank and meets any of the following:

(1) The pipe is within the dike or containment area;

(2) The pipe is connected to the first flange or valve after the piping exists the containment area; or

(3) The pipe is connected to the first flange or valve on the exterior of the tank, if state of federal law does not require a containment area.

(v) "Tank vessel" or "tanker" means any self-propelled, water borne vessel, constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo.

(w) "Terminal" means marine terminal.

(x) "Terminal person in charge" or "TPIC" means an individual designated by the terminal operator as the person in charge of a particular oil transfer operation at a particular terminal.

Cal. Code Regs. Tit. 2, § 2541

1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Change without regulatory effect amending subsections (c) and (d) filed 12-18-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 51).
3. Change without regulatory effect amending subsections (c) and (d) filed 11-25-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 48).

Note: Authority cited: Sections 8751, 8755 and 8756, Public Resources Code. Reference: Sections 8750, 8751, 8755, 8756 and 8757, Public Resources Code.