Oil Spill Contingency Plans
Oil spill contingency plans are documents that describe the procedures to respond to an oil spill, including the equipment and personnel used to clean up and manage a spill, as well as potentially impacted habitats and protection measures. In 1990, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act required OSPR to establish contingency plan regulations for marine facilities. In 2014, Senate Bill (SB) 861 broadened OSPR’s jurisdiction over marine waters to include all surface waters of the state, bringing new types of facilities into OSPR’s purview. Today, OSPR has ~150 active facility contingency plans spanning operations including offshore, onshore, and inland production facilities and pipelines, marine terminals, fixed and mobile facilities conducting over-water fuel transfers, railroads, and other facilities.
Contingency Plan Regulations and OSPR's Jurisdiction
OSPR’s contingency plan regulations are in Title 14, California Code of Regulations (CCR). OSPR regulates facilities within the oil supply chain that meet the regulatory definition of facility, as described in Title 14 CCR §790(f)(1) (PDF). Marine facilities that are located in California’s marine waters, or where an oil spill could be reasonably expected to impact marine waters are subject to §817.02-03. Inland facilities located within ¼ mile of inland surface waters are subject to §817.04.
Contingency Plan Preparedness Requirements
Facility contingency plans must comply with requirements administered by other units within OSPR’s Preparedness Branch.
Certificates of Financial Responsibility
Facilities must demonstrate that they have access to the financial resources necessary to cover the costs of a response to the reasonable worst-case spill (RWCS) volume in the contingency plan. Learn more on the Financial Responsibility page.
Oil Spill Response Organizations
Contingency plan holders must contract with a rated OSRO for containment, recovery, and storage of spilled oil, as well as environmental sensitive site protection. Plan holders handling non-floating oils and renewable products must ensure their contracted OSRO holds the appropriate ratings. Learn more on the OSRO Rating Program page.
Spill Management Teams
Contingency plans must identify a certified SMT that has earned certification at the Tier level corresponding to the RWCS volume in the plan. Learn more on the SMT Certification Program page.
Drills and Exercises
Facility contingency plans must be exercised once each year in accordance with OSPR’s Drills and Exercises regulations. For more information, please visit the Drills and Exercises page.
Facility Contingency Plan Submittal
Facility contingency plans must be submitted electronically. Plans may be emailed to FacilityCPlans@wildlife.ca.gov. For documents that are too large to email, our team can provide a link to OSPR’s large file transfer site (FTP). Request an FTP link by emailing FacilityCPlans@wildlife.ca.gov.
Contingency Plan Consultants
While contingency plan holders have the option to submit their plans themselves, they may also choose to use a consultant to assist with the process. Consultants can provide guidance on regulatory requirements, risk assessment, and response strategies to help plan holders comply with regulations.
The following is a list of current consultants who submit plans on behalf of plan holders. Please note, OSPR does not endorse any specific consultants and plan holders are not limited to using consultants on this list.
Public Records Act Requests
Oil spill contingency plans submitted to OSPR are available for review. A Public Records Act request can be submitted and copies of the plans are provided in accordance with the Public Records Act. A list of currently available plans for public review are listed in the link below.
Renewable Fuels
Assembly Bill 148 (AB 148), which updates the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act to apply to renewable fuels, was enacted in 2021. OSPR is working to incorporate this legislative mandate into OSPR's regulations and programs. See below for frequently asked questions regarding AB 148 and renewable fuels.