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Oil Cleanup Frequent Questions
- Which federal agencies are responsible for implementing the Oil Pollution Act (OPA)?
- How can I report an oil spill?
- What is the definition of oil?
- Does the Oil Pollution Act (OPA) preempt state laws?
- Who is responsible for cleanup costs incurred under the Oil Pollution Act (OPA)?
- Who can be ordered to cleanup an oil spill?
- Where can I find the text of the laws dealing with Oil Spills?
1. Which federal agencies are responsible for implementing the Oil Pollution Act (OPA)?
Executive Order 12777, issued on October 18, 1991, delegated the authority to implement the Oil Pollution Act (OPA) to several federal agencies. EPA carries the responsibility for non-transportation-related onshore facilities and incidents in the Inland Zone. United States Coast Guard (USCG) has responsibility for marine transportation-related facilities and incidents in the Coastal Zone. The Department of Transportation's Office of Pipeline Safety within the Research and Special Programs Administration oversees onshore transportation-related facilities. The Department of Interior has responsibility for off-shore fixed facilities beyond the coastline. The National Oceanic and Atmospheric Administration is responsible for natural resource damage assessments relating to oil discharges.
2. How can I report an oil spill?
Spills should be reported immediately to the National Response Center at 800-424-8802. Threats of discharges or releases to the waters of the U.S. should also be reported.
3. What is the definition of oil?
Oil is defined as oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil [40 CFR 112.2 and CWA Section 311(a)(1)]. Section 1001(23) of the Oil Pollution Act (OPA) further narrows this definition be excluding any substance which is specifically listed or designated as a hazardous substance under Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund").
4. Does the Oil Pollution Act (OPA) preempt state laws?
No. The Oil Pollution Act (OPA) Section 1018(a) specifically provides that the OPA does not preempt state laws.
5. Who is responsible for cleanup costs incurred under the Oil Pollution Act (OPA)?
Section 1001(32)(B) of the Oil Pollution Act (OPA) states that in the case of an onshore facility, any person owning or operating the facility is the responsible party.
6. Who can be ordered to cleanup an oil spill?
EPA can enter into an agreement or order any person who owns or operates a facility to perform a cleanup under Section 311(c) and/or (e) of the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA).
7. Where can I find the text of the laws dealing with Oil Spills?
The text of the 1990 Oil Pollution Act (OPA) can be found at on the GPO Web site at http://www.access.gpo.gov/uscode/title33/chapter40_.html.