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Oil spill response
The oil spill response program is codified in 40 CFR Pans 110, 112, and 300.
Title 40 CFR Part 300 includes notification requirements and establishes the federal
organizational structure that responds to oil spills in waters of the U.S. (see Comprehensive
Environmental Response, Compensation, and Liability Act). Any discharge that
violates CWA Section 311(b)(3) must be reported (40-CFR 110.3-110.5). If the person
responsible for the discharge does not undertake cleanup, the federal government will
take appropriate action and submit a bill to the responsible· party. Part 300 does not
describe the types of activities that must be taken to clean up spilled oil; the SPCC plan
required by 40 CFR Part 112 should include these specific activities (see New Mexico
Water Quality Act and the New Mexico Oil Conservation Division Regulations).
Permits. special reports, and fees
EPA may require NPDES permits for discharges of waste water or storm water to
waters of the U.S, No fees are currently required by EPA. A SPCC plan may be required
for certain operations, as described above. Certain reporting requirements may be
required for oil discharges, as described above. A CWA Section 404 Dredge and Fill
permit issued by the U.S. Army Corps of Engineers may be required if a wetland area is
affected. A filing fee for a permit is required by the Corps of Engineers and is described
in 33 CFR 325.1.
References
Adams, M., Fitzgerald, J., Lemana, B., Hayden, C., Keleher, M., Rochelle, J" Salazar,
J., and Schaab, W., 1993, New Mexico Environmental Law Handbook, Third
Edition: Government Institutes Inc. Rockville, MD, 417 pp.
Arbuckle, J., Brownell, F" Case, D., Halbleib, W., Jensen, L., Landfair,S., Lee, R.,
Miller, M., Nardi, K" Olney, A., Sarvadi, D., Spensley, J., Steinway, D., and
Sullivan, T., 1993, Environmental Law Handbook, Twelfth Edition: Government
Institutes Inc., Rockville, MD, 550 pp.
U.S. Army Corps of Engineers, 1994, Code of Federal Regulations Title 33, Navigation
and Navigable Waters, Part 200 to end: Office of the Federal Register, National
Archives and Records Administration, 668 pp,
U.S. Environmental Protection Agency, 1994, Code of Federal Regulations Title 40,
Protection of Environment, Subchapter D, Pans 100 to 149: Office of the Federal
Register, National Archives and Records Administration, 1121 pp,
U.S, Environmental Protection Agency, 1994, Code of Federal Regulations Title 40,
Protection of Environment, Parts 190 to. 259: Office of the Federal Register,
National Archives and Documents Administration, Washington, DC, 492 pp,
U,S. Environmental Protection Agency, 1994, Code of Federal Regulations Title 40,
Protection of Environment, Part 300 to 399: Office of the Federal Register,
National Archives and Records Administration, 497 pp.
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