Spill management teams (SMT) provide personnel who fill incident command system (ICS) positions in an organization managing a spill response. Under the National Incident Management System (NIMS), oil spill responses are managed by a unified command with representation from federal, state, and local trustee agencies, as well as from the responsible party.
In 2017, California Assembly Bill 1197 amended the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act to mandate a certification program for SMTs representing contingency plan holders in California. The formal rulemaking process to implement AB 1197 commenced on July 31, 2020. The proposed regulations were amended after the 45-day comment period that ended on September 14, 2020, and a 15-day comment period commenced on January 16, 2021. Following the 15-day comment period, the proposed regulations were amended once more and a second 15-day comment period commenced on February 26, 2021. The rulemaking package was submitted to the Office of Administrative Law (OAL) on April 9, 2021, and it is currently under review.
Spill Management Team Regulations Rulemaking Status
Under the Administrative Procedure Act, OAL’s deadline to issue a decision on proposed regulations is 30 working days after submission of a rulemaking package. Because the Spill Management Team Certification regulations were submitted on April 9, 2021, this deadline was May 21. However, Governor Newsom issued Executive Order N-40-20 on March 30, 2020, allowing OAL an additional 60 calendar days to review regulations. Subsequently, Governor Newsom issued Executive Order N-71-20, on June 30, 2020, extending OAL's review time by an additional 60 calendar days. OAL has informed OSPR that it will be taking additional time to review the rulemaking action. We currently anticipate an effective date of October 1, 2021, based on our expectation that the regulations will be approved by August 31. To view the status and associated documents, please visit the Spill Management Teams page.
Summary of Updates to Proposed Regulations After Public Comment Periods
The public comments received during the 15-day comment period resulted in updates to the regulations, which are summarized in the document Changes to the proposed regulations after the 15-day comment period (PDF). This document is not a comprehensive list of each change to the regulatory text. Instead, it focuses on adjustments and clarifications made in response to multiple comments. Please see the Addendum to the Initial Statement of Reasons on OSPR's Proposed Regulations web page for a full listing of amendments.
For changes made to the proposed regulations as proposed on July 31, 2020, see Changes to the proposed regulations after the 45-day comment period (PDF).
Spill Management Team Training Documents
To help orient the regulated community and the public to the training requirements for certification, we have created documents summarizing the requirements. These documents pertain to the proposed regulations only, and they have been updated to reflect the updates made after the 15-day public comment period that ended on February 1, 2021.