FEDERAL NOTIFICATION REQUIREMENTS FOR RELEASES OF OIL AND HAZARDOUS SUBSTANCES

Abstract
Federal notification requirements represent the first step in ensuring that the federal government is available to provide valuable oversight, resources, and expertise during responses to potentially dangerous releases of oil or hazardous substances into the environment. Beginning with the Clean Water Act of 1970 (CWA), and followed by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), and the Oil Pollution Act of 1990 (OPA), Congress has enacted provisions that direct responsible parties to notify cognizant federal, state, and local authorities as soon as possible about releases of oil or other substances that may pose a hazard to public health, welfare, or the environment. The U.S. Environmental Protection Agency (EPA) has had primary responsibility for developing reporting triggers that ensure that potentially dangerous releases are reported promptly, but at the same time do not overwhelm federal, state, and local response organizations with notifications to which they rarely, if ever, would respond. The agency is working constantly to clarify, streamline, and reduce any unnecessary burden. It also works to respond to concerns raised by the general public, industry, and Congress, and to eliminate inconsistencies and to ensure efficient and effective protection of public health, welfare, and the environment.