Section311(b)(3) ofthe Act, 33 U.S.C. § 1321(b)(3), prohibits discharging oil into or upon the navigable waters of the United States in such quantities as may be harmful as determined under section 31l(b)(4) of the Act, 33 U.S.C. § 1321(b)(4). For purposes of section 3l l(b)(4) of the Act, 33 U.S.C. § 1321(b)(4), the EPA has determined, in 40 C.F.R. § 11 0.3, that a discharge of oil may be harmful to the public health or welfare or the enviromnent of the United States if that discharge (a) violates applicable water quality standards or (b) causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon the adjoining shorelines.Section 311(b)(4) ofthe Act, 33 U.S.C. § 132l(b)(4), directed the President to make the detem1ination referenced in paragraph 7, above. The President delegated the authority to make this determination to the Administrator of the EPA by Executive Order No. 12777 (56 Fed. Reg. 54757,
October 21, 1991) and Executive Order No. 11735 (38 Fed. Reg. 21243, August 7, 1973).