• Notification is required whenever a harmful quantity of oil is discharged, and when that oil reaches navigable waters or adjoining shorelines in the U.S.

The Environmental Protection Agency (EPA) strives to limit the damage done by oil spills through regulations at Part 110 requiring the immediate notification of a discharge of a harmful quantity of oil.

Section 311(b)(3) of the Clean Water Act (CWA) stipulates notification is required when two criteria are met:

• A “harmful quantity” of oil is discharged; and
• That oil discharge is into the navigable waters or adjoining shorelines of the U.S.

Pursuant to CWA section 311(b)(3), release notification regulations for discharges of oil were codified in Part 110 on April 2, 1987. Section 110.3 clarifies that a discharge of a harmful quantity of oil is one that:

• Causes a film or sheen upon or discoloration of the surface of the navigable water or adjoining shorelines,
• Causes sludge or emulsion to be deposited beneath the surface of the navigable water or upon the adjoining shorelines, or
• Violates applicable water quality standards.

The appearance of a “sheen” on the surface of the water is often used as a simple way to identify harmful discharges of oil that must be reported. However, the presence of a sludge or emulsion or of another deposit of oil beneath the water surface, or the violation of an applicable water quality standard, also indicates a harmful discharge regardless of whether there is a sheen on the water surface.

Sludge means an aggregate of oil or oil and other matter of any kind in any form other than dredged spoil having a combined specific gravity equivalent to or greater than water. Water quality standards define the goals for a water body by designating its uses, setting criteria to protect those uses, and establishing provisions such as antidegradation policies to protect water bodies from pollutants.

Addition of dispersants or emulsifiers to oil to be discharged that would circumvent the provisions of Part 110 are prohibited.