The sheen rule
State notification hotline numbers
The U.S. Environmental Protection Agency's (EPA) discharge of oil regulation (40 Code of Federal Regulations (CFR) Section 110), more commonly known as the "sheen rule," provides the framework for determining when an oil spill on inland or coastal waters or adjoining shorelines must be reported to the federal government. Under Section 110.6, such discharges of oil to navigable waters of the United States are prohibited. In particular, the regulation requires the person in charge of a facility or vessel responsible for a discharge of oil that may be "harmful to the public health or welfare" to report the spill to the National Response Center (NRC) as required in Section 110.10.
The NRC then notifies the local EPA or U.S. Coast Guard (USCG) office located in the response jurisdiction where a particular spill occurs. The center records and maintains all oil spill reports in a computer database called the Emergency Response Notification System (ERNS). Oil spill notifications reported directly to local EPA and USCG offices are also recorded in the ERNS database. Initial notification data may be updated with information from various federal, state and local response authorities.
The discharge of oil regulation establishes the criteria in Section 110.3 for determining whether an oil spill may be harmful to public health or welfare, thereby triggering the reporting requirements, as follows:
- Discharges that cause film or sheen upon or discoloration of the surface of the water or adjoining shorelines; or
- Discharges that violate applicable water quality standards; or
- Discharges that cause a sludge or emulsion to be deposited beneath the surface of water or upon adjoining shorelines.
The sheen rule applies to both petroleum and non-petroleum oils. Oil is defined in Section 110.1 as oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil. According to Section 110.1 a discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, but excludes:
- Discharges in compliance with a national pollutant discharge elimination system (NPDES) permit;
- Discharges resulting from circumstances identified, reviewed and made a part of the public record with respect to a NPDES permit; and
- Continuous or anticipated intermittent discharges from a point source, identified in a NPDES permit or permit application, caused by events occurring within the scope of relevant operating or treatment systems.
The NRC streamlines the federal response mechanism by providing a single, continuously staffed location that receives and refers for action or investigation all reports of environmental incidents throughout the United States and its territories.
By calling toll free (1-800-424-8802) any person may satisfy the federal reporting requirements for an oil spill. The NRC is located in Washington, D.C., and is administered by the USCG.
Section 311(b)(5) of the Clean Water Act, Section 306(a) of the Outer Continental Shelf Lands Act Amendments of 1978 and Section 18(b) of the Deepwater Ports Act of 1974 require the responsible party to notify the NRC of an oil spill from a vessel or facility operating (1) in or along U.S. navigable waters, (2) on the Outer Continental Shelf, (3) in a deep water port or (4) from a vessel transporting oil from the Outer Continental Shelf.
The following information should be reported to the NRC to the extent that it is readily available at the time of making the notification:
- Name, address and telephone number of caller;
- Name of the party or individual responsible for the incident;
- Mailing address and telephone number of the responsible party;
- Date and time the incident occurred or was discovered;
- Specific location of the incident;
- Name and source of the material spilled or released;
- Cause of the spill or release;
- Total estimated quantity spilled or released;
- Media affected (air, water, subsurface or ground);
- Amount of spill which entered water;
- Weather conditions;
- Vessel name, railcar/truck number or other identifying information;
- Name of carrier;
- Number and type of injuries or fatalities;
- Whether evacuations have occurred;
- Estimated dollar amount of property damage;
- Description of cleanup action taken and future plans; and
- Other agencies notified by the caller or that will be immediately notified by the caller.
After receiving a notification, the NRC will immediately relay the information to the predesignated federal on-scene coordinator (OSC). Generally, EPA responds to inland zone incidents and the USCG responds to coastal zone incidents. The OSC will coordinate federal, state and local response efforts as necessary to minimize public and environmental impact. The NRC also notifies other federal agencies with co-jurisdictional responsibilities for some types of incidents. Facilities may also be required to report discharges of oil to a state environmental regulatory agency regardless of whether the discharge enters a navigable waterway.
State notification hotline numbers
Alabama
Dept. of Environmental Management
In state (800) 843-0699
Business hours (334) 260-2700
Alaska
Alaska Dept. of Environmental Conservation
Nonbusiness hours (800) 478-9300
Anchorage (907) 269-7500
Fairbanks (907) 269-7500
Juneau (907) 465-5340
Arizona
Arizona Dept. of Environmental Quality
Business hours (602) 207-4255
24 hours (602) 207-4261
Arkansas
Office of Pollution Control and Ecology
Business hours (501) 562-7444
Office of Emergency Services
24 hours (501) 374-1201
California
Office of Emergency Services
24 hours (916) 262-1621
Colorado
Dept. of Public Health and Environment
24 hours (303) 756-4455
Connecticut
Dept. of Environmental Protection
24 hours (860)424-3338
Delaware
Dept. of Natural Resources & Environmental Control
24 hours (302) 739-5072
Florida
Dept. of Environmental Protection
In state (904) 413-9911 or (800) 320-0510
Georgia
Dept. of Natural Resources
(404) 656-4300
Guam
Guam Environmental Protection Agency
(671) 475-1633
Hawaii
Hawaii Department of Health
24 hours (808) 247-2191
Business hours (808) 586-4249
Idaho
Idaho State Communications
(208) 334-4570
Illinois
Illinois Environmental Protection Agency
In state (800) 782-7860
Out of state (217) 782-7860
Indiana
Dept. of Environmental Management
(317) 233-7745
Iowa
Emergency Response Commission
(515) 281-8694
Kansas
Dept. of Health and Environment
(913) 296-1500
Kentucky
Dept. of Environmental Protection
(800) 928-2380
Louisiana
Dept. of Environmental Quality
24 hours (505) 342-1234
Maine
Dept. of Environmental Protection
In state (800) 482-0777
Out of state (207) 822-6300
Maryland
Dept. of the Environment
24 hours (410) 874-3551
Massachusetts
Dept. of Environmental Protection
Northeast region (Woburn) (781) 932-7600
Southeast region (Lakeville) (508) 946-2850
Central region (Worcester) (508) 792-7653
Western region (Springfield) (413) 784-1100
Michigan
Dept. of Environmental Quality
In state (800) 282-9378
Out of state (517) 373-7660
Minnesota
Minnesota Pollution Control Agency
In state (800) 422-0798
Out of state (612) 649-5451
Mississippi
Dept. of Environmental Quality
(601) 352-9100
Missouri
Dept. of Natural Resources
Emergency response unit (573) 634-2436
Montana
Disaster and Emergency Services
24 hours (406) 444-6911
Nebraska
Dept. of Environmental Quality
(402) 471-4545
Nevada
Nevada Dept. of Environmental Protection
(702) 687-4670 ext. 3043
New Hampshire
New Hampshire Dept. of Environmental Services
In state (603) 271-3503 or (800) 346-4009
Out of state (603) 271-3636
New Jersey
New Jersey Dept. of Environmental Protection
(609) 292-7172
New Mexico
Environment Dept.
24 hours (505) 827-9329
Business hours (505) 827-0187
New York
New York State Dept. of Conservation
(518) 457-7362
North Carolina
Dept. of Environment, Health & Natural Resources
Business hours (919) 733-5291
Nonbusiness hours (800) 858-0368
North Dakota
State Radio
24 hours ( 701) 328-2121
Ohio
Ohio Environmental Protection Agency
In state (800) 282-9378
Out of state (614) 224-0946
Oklahoma
Dept. of Environmental Quality
24 hours (800) 522-0206
Oil and gas pipelines and production
(405) 332-3441
Oregon
Oregon Emergency Management
(503) 378-6377
Puerto Rico
Puerto Rico Environmental Quality Board
(787) 756-2823
Pennsylvania
Dept. of Environmental Protection
(800) 541-2050 or (717) 787-4343
Rhode Island
Dept. of Environmental Management
In state (401) 277-3872 or (800) 498-1336
Out of state (401) 277-3070
South Carolina
Dept. of Health and Environmental Control
(803) 253-6488
South Dakota
Division of Emergency Management
24 hours (605) 773-3296
Tennessee
Dept. of Environment and Conservation
In state (800) 262-3300
Out of state (800) 258-3300
Texas
Natural Resources Conservation Commission
24 hours (512) 463-7777
RR Comm. for Oil and Gas Production & Pipelines
24 hours (512) 463-6788
U.S. Virgin Islands
U.S. Virgin Islands Dept. of Planning & Natural Resources
(340) 777-4577
Utah
Dept. of Emergency Management
24 hours (801) 536-4123
Vermont
Agency of Natural Resources
In state (800) 641-5005
Out of state (802) 244-8721
Virginia
Dept. of Environmental Services
24 hours (804) 527-5020
Washington D.C.
Mayor's Command Center
24 hours (202) 727-6161
Washington
Dept. of Ecology
24 hours (800) 258-5990
West Virginia
Division of Environmental Protection
24 Hours (800) 642-3074
Wisconsin
Dept. of Natural Resources
24 hours (800) 943-0003
Wyoming
Dept. of Environmental Quality
24 hours (307) 777-7781
Note: The views expressed in this article are those of the author's and do not necessarily reflect the views of the U.S. EPA.
This article originally appeared in the 03/01/1999 issue of Environmental Protection.