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Clean Water Act Overview
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Overview
The Clean Water Act (CWA) of 1972 is the principal federal statute protecting navigable waters and adjoining shorelines from pollution. Since its enactment, the CWA has formed the foundation for regulations detailing specific requirements for pollution prevention and response measures. Section 311 of the CWA addresses pollution from oil and hazardous substance releases, providing EPA and the U.S. Coast Guard with the authority to establish a program for preventing, preparing for, and responding to oil spills that occur in navigable waters of the United States. EPA implements provisions of the Clean Water Act through a variety of regulations, including the National Contingency Plan and the Oil Pollution Prevention regulations.
Key Provisions of the Clean Water Act
§311(a)(1)&(2) (33 U.S.C. 1321)
"(a) Definitions
For the purpose of this section, the term -
(1) ''oil'' means 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;
(2) ''discharge'' includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under section 1342 of this title, (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under section 1342 of this title, and subject to a condition in such permit, and (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 1342 of this title, which are caused by events occurring within the scope of relevant operating or treatment systems"
§311(b)(3)&(4) Prohibits discharging oil or hazardous substances into the navigable waters of the United States and adjoining shorelines, except where permitted under international protocol or under conditions that the President determines not to be harmful. The President will issue regulations as to the quantities of oil and hazardous substances that may be harmful to the public health or welfare or the environment.
§311(c)(1) The President shall institute means for the removal of an oil discharge and mitigation or prevention of the threat of a discharge (1) into the navigable water of the U.S. or adjoining shorelines; (2) into or on the waters of the exclusive economic zone; or (3) that may affect natural resources of the U.S. In doing so the President has the authority to make any arrangements for removal or prevention, direct removal actions, and remove or destroy a vessel releasing or that has the threat of releasing.
§311(c)(2) The President shall direct all Federal, State, and private actions to remove a discharge or mitigate or prevent the threat of a discharge from onshore or offshore facilities which is determined to be a substantial threat to the public health or welfare of the United States.
§311(j)(1)(A) The President is required to establish methods and procedures for removal of discharged oil and hazardous substances as part of the National Response System.
§311(j)(1)(C) The President is authorized to issue regulations establishing procedures, methods, equipment, and other requirements to prevent discharges of oil from vessels and facilities.
§311(j)(4) The President is authorized to establish Area Committees. These committees will prepare Area Contingency Plans that detail methods and procedures for responding to a worst case discharge, including the division of responsibilities among various authorities in a response. Each Area Committee will submit this plan to the President for approval.
§311(j)(5) The President is required to establish regulations for facility and vessel response plans.