Document wgGjJ9Zn6ZGK7YVmL2rBGdk56

.. ) >' .J . To (Name) Mr. J. L. Myers Division UCC - Metals Location Niagara Falls, NY '.coy \:i Mr. 6. F. Rouse Mr. J. J. Sibley jzr.ejo 3CX *625 RCY \L A'.'E., t\'!AG UC-3921 Date Originating Dept. Answering letter date Subject July 9, 1979 "Calidria" Asbestos California SB-678 Nejedly This is in response to your request July 3, 1979 for comments on the abovenoted subject. The California waste disposal regulations dated October 11, 1977 list asbestos as a hazardous material under Article 9, Section 60281(d). Drilling fluids are listed under paragraph (e) of the same section as subject to inclusion rf they contain a hazardous material. The legislation includes the exemption: "This subdivision does not prohibit the deposit on or passage into the waters of the ocean or any bay or inlet thereof of drilling cuttings or drilling mud which are free of oil and materials that are deleterious to marine life if such activities are under authorization of a regional water quality control board." It also defines hazardous substance as: "(f) As used in this section, 'hazardous substance' means any such substance defined in paragraph (2) of subsection (b) of Section 1321 of Title 33 of the United State Code." I do not have a copy of Title 33 U.S.C. but suspect that asbestos is included. Perhaps John Sibley could check this out. Even if it is not, it seems likely that the regional water quality boards would have problems with it. Specifically, in answer to your question, it appears that the addition of asbestos to otherwise "clean" drilling fluids would render them no longer "clean" and subject them to the new restrictions in the legislation. Fluids which contain hydrocarbons or other hazardous materials would already be covered and asbestos would be just another ingredient. I have no idea of the proportion of drilling fluids which is "clean". In any case, I don't think this is an area where we have the knowledge to become directly involved. Perhaps it would be useful to inform Montello of the legislation for their actions if they deem it appropriate. A 08 76 3 a /rmm UCC 014210 Harrison B. Rhodes '' Jefl. AMENDED IN SENATE MAY 16, 1 AMENDED IN SENATE MAY 3, 1979 Z- SENATE BILL y^jNo. 678 Introduced by Senator Nejedly March 21, 1979 An act to add Seetion 5660 to the fish and Came Code, te repeal amend Section 135 of the Harbors and Navigation Code, and to, amend Section 6873 of the Public Resources Code, relating to water pollution, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 678, as amended, Nejedly. Water pollution: oil transfers, clean drill cuttings. (1) Existing law provides, subject to specified exemptions, that it is unlawful to cause or permit any petroleum, chemical, or other hazardous substance, as defined, to be transferred between a vessel and a shore facility or another vessel by means of a pipeline or similar conduit unless the flow is continuously monitored by a properly installed, operated, and maintained mechanism that will warn of the imminent occurrence of an overflow so that the flow can be terminated in time to avert the overflow, and unless the vessel and shore facility are each equipped with a properly installed, operated, and maintained mechanism that will warn whenever any person is no longer properly discharging his duties in connection with the transfer, is inattentive, or becomes disabled. Such provisions become operative with respect to a tank vessel that is subject to Coast Guard examination not later than the first occasion after January 1, 1979, that it is required to be drvdocked or hauled out for such examination, and become operative on July I, 1979, with respect to other 97 40 UCC 014211 .*08764 SB 678 -- 2-- vessels and any shore facility. Edsting lew also makes -it defense to any prosecution if the mechanism was properly installed and was at ad times properly operated and specified vessels and fueilities. 4t mokes the violation of such requirement a misdemeanor. This bill would femove the enforcement responsibility for sueh provisions from the Department of Boating and Waterways and transfer it to the Department of Fish and Game? The fed! would also delay such operative dates to January 1, 1980, and July 1, 1980, respectively. (2) Existing law requires that, when the State Lands Commission prepares an oil and gas lease for leasing tide or submerged lands or beds of navigable rivers or lakes, such lease shall contain specified provisions regarding the pollution and contamination of such waters. This bill would provide that such provisions do not prohibit the deposit in waters of the ocean or any bay or inlet thereof of drill cuttings or drilling mud which are free of oil and materials that are deleterious to marine life if such activities are under authorization of a regional water quality control board. (3) The bill would make additional technical changes in existing law. (4) The bill would go into immediate effect as an urgency statute. Vote: Appropriation: no. Fiscal committee: yes no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION Section 5660 is added to the Fish and 2 Game Code-, to read: 3 5660. -faf It is unlawful to cause or permit any 4 petroleum; ehemieah or other hazardous substance to he 5 transferred between a vessel and a shore facility er 6 another vessel hy means of a pipeline or similar conduit 7 unless the flow is continuously monitored by a properly 8 Installed; operated, end maintained mechanism that will ^ 97 60 UCC 014212 *08766 -- 3-- SB 678 1 warn of the imminent occurrence of an overflow of the 2 sulwtunee being transferred so that tbe flew etm fee 3tttrfttTtitt-t4ttTIf >TTT trn rTrTfvt TtT? WT^tvTft t4-tfe*v V" V--P* 1IIVW , aB"IaIU1 t>T1T.1ntJW tillut?& 4 vessel and t-fee shore facility ere eueh equipped with 5 properly installed; operated: end- maintained mechanism 6tU.>t fill! LU^UgJn A A AA J^A Iaj^AAM AXAA AmI l IIU\ Will W 111 11 " I ini l-ltl unT pT7TJl7TT T3 IIU lUlltfel pptTpvXiT 7 discharging Ids duties m connection with the transfer, is TTTTJT l vi 11 ' J^^yQAgV^A^ |^||A^A|^^ \ / | ^ I |- k J*VA \ji T7vvviTTvj LI I Jut/nTa TvT Bl^r TtTOavlTi ILfiT 9 of tJi ts soetion is e misdemeanor. However, it shell fee 10 defense to any prosecution for e violation of tfeis section 11 if the mechanism was properly installed and was at all 12 times properly operated and maintained fey- tfee person 13 responsible for the mechanism? 14 -(b)- This scetien docs net apply to any transfer of fuel 15 to any self/propellod vessel of less than 6o feet m length 16 at any facility equipped with dispensing nozzles of the j. i atntnTRtnt? jiTuiruri trpt? rntxr otr mui ithtc cutciu ua.hs tnttx 18 meet ah federal standards; 3 19 "(^ This section docs not Qpply to uny on/shore 20 receiving tankage if appropriate containment or 22 is adequate to prevent the overflowed substance from 23 reaching the waters of the state is provided; 24 -(df This section shall become operative with respect 25 to a tank vessel that is subjoet to oxomination by the 26 United States Coast Guard net later than the first 07 AAAA /! AA AA A A HaM Taa . 1__1 OPA tfertt it IP PAAl Apl 4 -V it I OCvoSRTR Ull Or llllt-1 JU1111111 T " TOOO7 l JIUL TT UJ J L/UUfl Ua to 28 fee drydoeked or hauled out for such examination, as 29 provided in Section 31.KV26 of Title 46 of the Cede of 30 Federal Regulations. This soetion shoH become operative 31 on July -fe 1980, with respect to any vessel that is not 32 subjoet to any such examination* any tank barge, .) QQ MAAA Mpl I APP AK ud^fhAJ* 4 IA A 111 Aa4 4rt A A Alff Afl . A ,t > A A VV i Oi TmL-11 fCT T\ TO ^O JviwTT un v7TTIwioTn7^^ 34 and any shore facility net made exempt fey subdivision 35 -fe)-? 36 4s is tins section; -vessel- means every 37 description of watcrernft or other contrivance used; or 38 eapafeie of being used, as a means of transportation 39 through or on water; ineluding; but net limited to; a 40 barge. 97 80 UCC 014213 a8766 SB 678 --4-- 1 -$)- As used * this seetionr "hazardous substance" 2 means any sueh suhstunco defined * paragraph 4&- of 3 subsection -fbf of Section 43S4 of Title 33 of the United 4 States Coder 5 SEC. Sr Section +35 of the Harbors and Navigation 6 Code is repealed. 7 SECTION 1. Section 135 of the Harbors and 8 Navigation Code is amended to read: 9 135. (a) It is unlawful to cause or permit any 10 petroleum, chemical, or other hazardous substance to be 11 transferred between a vessel and a shore facility or 12 another vessel by means of a pipeline or similar conduit 13 unless the flow is continuously monitored by a properly 14 installed, operated, and maintained mechanism that will 15 warn of the imminent occurrence of an overflow of the 16 substance being transferred so that the flow can be 17 terminated in time to avert the overflow, and unless the 18 vessel and the shore facility are each equipped with a 19 properly installed, operated, and maintained mechanism 20 that will warn whenever any person is no longer properly 21 discharging his duties in connection with the transfer, is 22 inattentive, or becomes disabled for any reason. Violation 23 of this section is a misdemeanor. However, it shall be a 24 defense to any prosecution for a violation of this section 25 if the mechanism was properly installed and was at all 26 times properly operated and maintained by the person 27 responsible for the mechanism. 28 (b) This section does not apply to any transfer of fuel 29 to any self-propelled vessel of less than 65 feet in length 30 at any facility equipped with dispensing nozzles of the 31 automatic shut-off type that do not have catch-locks and 32 meet all federal standards. 33 (c) This section does not apply to any on-shore 34 receiving tankage if appropriate containment or 35 diversionary structures, or both, or other equipment that 36 is adequate to prevent the overflowed substance from 37 reaching the waters of the state is provided. ,, 38 (d) This section shall become operative with respect 39 to a tank vessel that is subject to examination by the 40 United States Coast Guard not later than the first 97 95 UCC 014214 *08767 --5-- SB 678 1 occasion on or after January 1, 4970 1980, that it is 2 required to be drydocked or hauled out for such 3 examination, as provided in Section 31.10-20 of Title 46 of 4 the Code of Federal Regulations. This section shall 5 become operative on July 1, 4979 1980. with respect to any 6 vessel that is not subject to any such examination; any ) 7 tank barge, regardless of whether it is subject to such an 8 examination; and any shore facility not made exempt by 9 subdivision (c). 10 (e) As used in this section, "vessel" means every 11 description of watercraft or other contrivance used, or 12 capable of being used, as a means of transportation 13 through or on water, including, but not limited to, a 14 barge. 15 (0 As used in this section, "hazardous substance" .16 means any such substance defined in paragraph (2) of 17 subsection (b) of Section 1321 of Title 33 of the United J8 State Code. 19 SEC. ) 20 SEC 2. Section 6873 of the Public Resources Code is 21 amended to read: 22 6873. When leasing tide or submerged lands or beds 23 of navigable rivers or lakes, the commission shall prepare ) 24 a form of lease which shall contain, in addition to other 25 provisions deemed desirable and necessary by the 26 commission, appropriate provisions contained in this 27 chapter and the following: 28 (a) Each well drilled pursuant to the terms of the lease 29 may be drilled or slant-drilled to and into the subsurface 30 of the tide or submerged lands or beds of navigable rivers 31 or lakes, covered by the lease from upland, riparian or 32 littoral drill sites owned or controlled by the state or 33 owned by or available, at any time, to the lessee, or from 34 drill sites located upon any filled lands heretofore or 35 hereafter filled, whether contiguous or noncontiguous to 36 the riparian or littoral lands or uplands, or from any pier 37 heretofore or hereafter constructed owned by or 38 available to the lessee and available for such purpose, or 39 from platforms or other fixed or floating structure in, on 40 or over the tide or submerged lands or beds of navigable 97 100 UCC 014215 A08768 SB 678 --0-- 1 rivers or lakes, covered by the lease or otherwise 2 available to the lessee. 3 (b) Such lease shaft prohibit the pollution or 4 contamination of the ocean, tidelands, or navigable rivers 5 or lakes, and shall prohibit the impairment of and 6 interference with bathing, fishing, or navigation in the 7 waters of the ocean, any bay or inlet thereof, or any 8 navigable river or lake, and shall prohibit the impairment 9 of and interference with developed shoreline 10 recreational or residential areas. In addition, no oil, tar, U residuary product of oil, or any refuse of any kind from 12 any well or works shall be permitted to be deposited on 13 or pass into the waters of the ocean, any bay or inlet 14 thereof, or any navigable river or lake. 15 This subdivision does not apply to the deposit on or 16 passage into such waters of water not containing any 17 hydrocarbons or vegetable or animal matter. 18 This subdivision does not prohibit the deposit on or 19 passage into the waters of the ocean or any bay or inlet. 20 thereof of drill cuttings or drilling mud which are free of ' 21 oil and materials that are deleterious to marine life if such 22 activities are under authorization of a regional water 23 quality control board. 24 (c) If the lessee, as disclosed by information submitted j 25 with his bid, proposes to drill one or more wells from 26 filled lands, whether contiguous or noncontiguous to the 27 riparian or littoral lands or uplands, or from any pier or 28 from platforms or other fixed or floating structures to be 29 constructed for such purpose, and if permission from any 30 federal or state agency is legally required in order to 31 construct any such filled land or structures, the lessee 32 shall be allowed a reasonable time following the 33 execution of the lease within which to secure the 34 necessary permission from such federal and state 35 agencies as shall be legally required, and, upon the 36 securing of such permission, a further reasonable time, 37 determined with regard to the nature of the filled lands 38 or structure or structures to be constructed, within which 39 to commence operations for the drilling of such well or 40 wells. The drilling term of the lease shall be extended by 97 130 UCC 014216 A 08769 --7-- SB 678 1 the commission by a period equal to such reasonable time 2 to secure such permission, and, if necessary, to the date 3 to which the time to commence operations for the 4 drilling of such well or wells has been extended. 5 (d) Any offshore filled lands or structure or structures 6 constructed for the purpose of drilling pursuant to this 7 section shall conform to the rules and regulations of the | 8 commission in effect at the time of invitation for bids in 9 pursuance of which the lease is awarded. Drilling, 10 whether from upland, riparian, littoral or offshore ,11 locations, shall be conducted in conformance with such 12 rules and regulations in effect at the time of invitation for 13 bids in pursuance of which the .lease is awarded. 14 In the case of any existing lease of tide or submerged 15 lands, the commission may, with the consent of the other 16 party thereto, amend the same so as to contain or 17 conform with subdivisions (a), (b), (c) and (d) hereof, or 18 any of them, except that the provisions of said subdivision 19 (d) when incorporated into such a lease by such an 20 amendment shall refer to the rules and regulations in \> 21 effect at the time such amendment is made rather than 22 to those in effect at the time of invitation for bids in 23 pursuance of which the lease is awarded and said 24 subdivision ( a) may not be incorporated into such a lease 25 without also incorporating said subdivision (d) therein. 26 SEGrir 27 SEC 3. This act is an urgency statute necessary for 28 the immediate preservation of the public peace, health, 29 or safety within the meaning of Article IV of the 30 Constitution and shall go into immediate effect. The facts 31 constituting such necessity are: . 32 It appears that some portions of the affected industries 33 may not be able to comply in a timely manner with the *' 34 requirements of law enacted in 1978 as Section 135 of the ' 35 Harbors and Navigation Code. In addition, the scope of 36 the prohibition set forth in subdivision (b) of Section 6873 37 of the Public Resources Code is in need of prompt 38 clarification. Accordingly, it is necessary that this act take 39 effect immediately. O 40 \ UCC 014217