California Nontank Vessel Spill Management Team Tabletop Exercise

Do California Nontank Vessel Contingency Plan Holders need to participate in an annual Spill Management Team (SMT) Tabletop Exercise (TTX)? ECM/Hudson have given the following advice:

On the surface, it seems that the requirement to carry out a TTX under the California regulations is an obligation on the SMT. However, the purpose of this regulatory requirement is to exercise a "Contingency Plan." The regulators know that ECM/Hudson* has done hundreds of SMT TTX and therefore, their SMT probably does not need to do two hundred more per year. The concern, however, is that the owner/operator is prepared to respond to an oil spill emergency. The regulators want to be assured that the owner/operator can and will actually perform in accordance with their contingency plans. One method the regulators use to test the owner/operator is to exercise the contingency plan via the SMT TTX.

The regulations are clear that the vessel owner/operator, not the SMT, must conduct a SMT TTX annually for the purpose of ensuring the plan will work.

The relevant provisions of the California Nontank Vessel regulations are as follows:

"…

(m) Spill Management Team and Response Organization Drills and Exercises –

Type and Frequency:

(1) A nontank vessel owner/operator shall conduct drills and exercises as necessary to ensure that the elements of the plan will function in an emergency.... The following are the necessary drill and exercise frequencies for all nontank vessels:

a shore-based spill management team tabletop exercise shall be conducted annually. . .

(3) Drills shall be designed by the nontank vessel owner/operator to exercise either individual components of the plan or the entire response plan. Such drills, individually or in combination, shall ensure that the entire plan is exercised at least once every three years.

…"

The tanker community has been operating under these requirements for many years. The intent of the regulations has been made manifestly clear by the State of California. However, many vessel owners/operators have neither the staff nor the experience to plan and conduct these exercises. Therefore, ECM/Hudson plans and conducts the SMT TTX for owners/operators. Further, in order to get credit for the TTX, a report must be sent to the State of California so that they can evaluate the exercise before credit is granted. Submission of the necessary paperwork is carried out by ECM/Hudson on behalf of participating clients.** The owner/operator may choose to play a larger or smaller role in the TTX but it is necessary that a representative of the owner/operator participate in a SMT TTX in order to receive credit for the exercise.

The State of California has instituted a computer program that keeps track of vessel compliance with this and other exercise requirements. The state has indicated that it intends to enforce the regulations. Failure of a vessel owner/operator to conduct an annual SMT TTX will invalidate the contingency plan and be a violation of the California regulations. The penalty for entering California waters without an approved plan is $100,000 per day.

Owners/operators who knowingly send vessels into California waters in violation of the regulations are subject to fines of up to $10,000 and imprisonment of up to one year.

* And other spill managers

** Other spill managers offer similar services