The sheen rule -- Environmental Protection

The sheen rule

Mar 01, 1999

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.