Oil Discharge Prohibition
5. Section 3II(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 3ll(b)(4) ofthe Act, 33 U.S.C. § 1321(b)(4).
6. For purposes of section 3ll(b)(4) ofthe Act, 33 U.S.C. § 132l(b)(4), the EPA has
determined, in 40 C.F.R. § II 0.3, that a discharge of oil may be harmful to the public health or welfare
or the environment 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.
7. Section 3l l(b)(4) of the Act, 33 U.S.C. § 1321(b)(4), directed the President to make the
determination referenced in paragraph 6, above. The President delegated the authority to make this
determination to the Administrator of the EPA by section 8(a) of Executive Order No. 12777 (56 Fed.
Reg. 54757, October21 , 1991), which superseded Executive Order No. 11735 (38 Fed. Reg. 21243,
August 7, 1973).
Spill Prevention Control and Countermeasure Requirements
8. Section 311U)(l)(C) ofthe Act, 33 U.S.C. § 1321(j)(l)(C), directed the President to issue
regulations establishing procedures, methods, and equipment and other requirements for equipment to
prevent discharges of oil .. . fro