The Lempert-Keene-Seastrand oil spill prevention and response act of 1990 (act), as amended, authorizes the California State Lands Commission (SLC) to regulate marine terminals, herein referred to as marine oil terminals (MOTs), in order to protect public health, safety and the environment. The authority for this regulation is contained in Sections 8750 through 8760 of the California Public Resources Code. This act defines "oil" as any kind of petroleum, liquid hydrocarbons, or petroleum products or any fraction or residues thereof, 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. The provisions of this chapter regulate onshore and offshore MOTs as defined under this act, including marine terminals that transfer liquefied natural gas (LNG).
The Marine Environmental Protection Division (Division) administers this code on behalf of the SLC.
The purpose of this code is to establish minimum engineering, inspection and maintenance criteria for MOTs in order to prevent oil spills and to protect public health, safety and the environment. This code does not specifically address terminal siting or operational requirements. Relevant provisions from existing codes, industry standards, recommended practices, regulations and guidelines have been incorporated directly or through reference, as part of this code.
Where there are differing requirements between this code and/or references cited herein, the choice of application shall be subject to approval of the Division.
In circumstances where new technologies are proposed, equivalent prevention of oil spills and protection to the public health, safety and the environment must be demonstrated, subject to Division approval.
The provisions of this chapter are applicable to the evaluation of existing MOTs and design of new MOTs in California. Each provision is classified as New (N), Existing (E), or Both (N/E) and shall be applied accordingly. If no classification is indicated, the classification shall be considered to be (N/E).
Existing (E) requirements apply to MOTs that are in operation on the date this code is adopted. For these MOTs, equivalent or in-kind replacement of existing equipment, short pipeline sections, or minor modification of existing components shall also be subject to the existing (E) requirements.
New (N) requirements apply to:
- A MOT or berthing system (Subsection 3102F.1.3) that commences or recommences operation with a new or modified operations manual after adoption of this code.
- Addition of new structural components or systems at an existing MOT that are structurally independent of existing components or systems.
- Addition of new (nonreplacement) equipment, piping, pipelines, components or systems to an existing MOT.
- Major repairs or substantially modified in-place systems.
- Any associated major installations or modifications.
This Code ensures that a MOT can be safely operated within its inherent structural and equipment-related constraints.
Section 3102F defines minimum requirements for audit, inspection and evaluation of the structural, electrical and mechanical systems on a prescribed periodic basis, or following a significant, potentially damage-causing event.
Section 3105F provides requirements for the safe mooring and berthing of tank vessels and barges.
Section 3108F provides requirements for fire prevention, detection and suppression including appropriate water and foam volumes.
Section 3112F provides requirements specific to marine terminals that transfer LNG.
Generally, English units are typically prescribed herein; however, System International (SI) units are utilized in Section 3112F and in many of the references.
Each MOT shall utilize up-to-date Risk and Hazards Analysis results developed per CCPS "Guidelines for Hazard Evaluation Procedures" [1.1] and [1.2], to identify the hazards associated with operations at the MOT, including operator error, the use of the facility by various types of vessels (e.g. multi-use transfer operations), equipment failure, and external events likely to cause an oil spill.
If there are changes made to the built MOT or subsequently any new hazard is identified with significant impact, the updated Risk and Hazards Analysis shall be used.
Assessed magnitude of potential oil spill releases and consequences shall be mitigated by implementing appropriate designs using best achievable technologies, subject to Division approval. The residual risks are addressed by operational and administrative means via 2 CCR 2385 [1.3].
Risk and Hazards Analysis requirements specific to marine terminals that transfer LNG are discussed in Section 3112F.2.
Each MOT shall be categorized into one of three oil spill exposure classifications (high, medium or low) as shown in Table 31F-1-1, based on all of the following:
- Exposed total volume of oil (VT) during transfer.
- Maximum number of oil transfer operations per berthing system (defined in Section 3102F.1.3) per year.
- Maximum vessel size (DWT capacity) that may call at the MOT.
During a pipeline leak, a quantity of oil is assumed to spill at the maximum cargo flow rate until the ESD is fully effective. The total volume (VT) of potential exposed oil is equal to the sum of the stored and flowing volumes (Vs + VF) at the MOT, prior to the emergency shutdown (ESD) system(s) stopping the flow of oil. All potential spill scenarios shall be evaluated and the governing scenario clearly identified. The stored volume (Vs) is the non-flowing oil. The flowing volume (VF) shall be calculated as follows:
|VF||=||Flowing Volume [bbl]|
|QC||=||Maximum Cargo Transfer Rate [bbl/hr]|
|Δt||=||For MOTs that first transferred oil on or before January 1, 2017, Δt may be taken as (ESD time, 30 or 60 seconds). For MOTs that first transfer oil after January 1, 2017, Δt shall be taken as ((ESD closure time) + (time required to activate ESD)) [seconds].|
If spill reduction strategies, (e.g. pipeline segmentation devices, system flexibility and spill containment devices) are adopted, such that the maximum volume of exposed oil during transfer is less than 1,200 barrels, the spill classification of the facility may be lowered.
This classification does not apply to marine terminals that transfer LNG.
Whenever physical changes are made to the built MOT that significantly impact operations, a Management of Change (MOC) process shall be followed per Section 6.6 of API Standard 2610 [1.4].
MOT OIL SPILL EXPOSURE CLASSIFICATION
|SPILL CLASSIFICATION||EXPOSED TOTAL VOLUME OF OIL (VT) (bbls)||MAXIMUM NUMBER OF TRANSFERS PER BERTHING SYSTEM PER YEAR||MAXIMUM VESSEL SIZE (DWT×1,000)|
|Moderate||< 1200||≥ 90||≥ 30|
|Low||< 1200||< 90||< 30|
All audits, inspections, engineering analyses or design shall be reviewed by a professional having similar or higher qualifications as the person who performed the work, to ensure quality assurance. This review may be performed in-house, and shall include a concluding statement of compliance with this code.
The Division may require peer review of advanced engineering analyses and designs, including, but not limited to, nonlinear dynamic structural analyses, alternative lateral force procedures, complex geotechnical evaluations, subsea pipeline analyses and designs, and fatigue analyses. Peer review shall be performed by an external independent source to maintain the integrity of the process.
The peer reviewer(s) and their affiliated organization shall have no other involvement in the project, except in a review capacity. The peer reviewer(s) shall be a California registered engineer(s) familiar with regulations governing the work and have technical expertise in the subject matter to a degree of at least that needed for the original work. The peer reviewer(s)' credentials shall be presented to the Division for approval prior to commencement of the review.
Upon completion of the review process, the peer reviewer(s) shall submit a written report directly to the Division that covers all aspects of the review process, including, but not limited to:
- Scope, extent and limitations of the review.
- Status of the documents reviewed at each stage (i.e. revision number and date).
- Recommended corrective actions and resolutions, if necessary.
- Certification by the peer reviewer(s), including whether or not the final reviewed work meets the requirements of this code.
- Formal documentation of important peer review correspondence, including requests for information and written responses.
The owner and operator shall cooperate in the review process, but shall not influence the peer review. If the original work requires modification after completion of the peer review, the final analyses and designs shall be submitted to the Division.
The following will be subject to review for compliance with this code by the Division or its authorized representative(s):
- Any audit, inspection, analysis or evaluation of MOTs.
- Any significant change, modification or re-design of a structural, mooring, fire, piping/pipelines, mechanical or electrical system at an MOT, prior to use or reuse.
- Engineering analysis and design for any new MOT prior to construction. Also see Section 3102F.3.3.1.
- Construction inspection team and the construction inspection report(s).
In special circumstances where certain requirements of these standards cannot be met, alternatives that provide an equal or better protection of the public health, safety and the environment shall be subject to Division Chief approval with concurrence of the Division's lead engineer in responsible charge.
[1.1]Center for Chemical Process Safety (CCPS), 2008, "Guidelines for Hazard Evaluation Procedures", 3rd ed., New York.
[1.3]California Code of Regulations (CCR), Title 2, Division 3, Chapter 1, Article 5 — Marine Terminals Inspection and Monitoring (2 CCR 2300 et seq.)
[1.4]American Petroleum Institute (API), 2005, API Standard 2610 (R2010), "Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities," 2nd ed., Washington, D.C.
Authority: Sections 8750 through 8760, Public Resources Code.
Reference: Sections 8750, 8751, 8755 and 8757, Public Resources Code. Section 8670.28(a)(7), Government Code.