Report 2008-102 Recommendation 3 Responses

Report 2008-102: Office of Spill Prevention and Response: It Has Met Many of Its Oversight and Response Duties, but Interaction With Local Government, the Media, and Volunteers Needs Improvement (Release Date: August 2008)

Recommendation #3 To: Fish and Wildlife, Department of

With regard to postspill reviews, the spill office should determine whether the postspill reviews are an effective means for identifying areas for plan improvement and then take steps to either ensure the reviews are submitted or eliminate them from its regulations.

Annual Follow-Up Agency Response From January 2012

The requirement for a "post spill review" has routinely run into legal challenges; the responsible party (RP) is reluctant to admit fault or deficiencies in their plan due to liability issues. The investigations conducted by OSPR and/or the US Coast Guard as the cause of the spill is a better source for this information, which can then be addressed in the RP's contingency plan, if appropriate. Therefore, rulemaking was promulgated that removed the requirement for a "post spill review." These changes went into effect on June 2, 2011. (See 2011-041 p. 143)

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

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All Recommendations in 2008-102

Agency responses received after June 2013 are posted verbatim.