Stellwagen Bank FEIS/MP Appendices Pqge B4 



migratory birds other than game birds is year-round. 



Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seg. 



It is the goal of the CWA to restore and maintain the chemical, physical, and biological integrity of the nation's 

 waters. To varying degrees, navigable waters of the United States, the contiguous zone, and the oceans beyond 

 are subject to requirements of the CWA. 



The CWA's chief mechanism for preventing and reducing water pollution is the National Pollutant Discharge 

 EUmination System (NPDES), administered by the Environmental Protection Agency (EPA). Under the NPDES 

 program, a permit is required for the discharge of any pollutant from a point source into the navigable waters 

 of the United States, the waters of the contiguous zone, or ocean waters. 



Since oil and gas development pursuant to Federal lease sales occur beyond State waters, an NPDES permit 

 from EPA is required for discharges associated with this activity. EPA generally grants NPDES permits for 

 offshore oil and gas developments based on pubUshed effluent guidelines (40 CFR Part 435). Other conditions 

 beyond these guidelines may, however, be imposed by the Regional Administrator on a case-by-case basis. 



The CWA prohibits the discharge of oil or hazardous substances in quantities that may be harmful to the public 

 health or welfare or the environment, including but not limited to fish, shellfish, wildlife, and pubUc and private 

 property, shorehnes and beaches into or upon the navigable waters of the U.S., adjoining shorelines, or into or 

 upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands 

 Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or 

 under the exclusive management authority of the U.S., except, in the case of such discharges into or upon the 

 waters of the contiguous zone or which may affect the above-mentioned natural resources, where permitted 

 under the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships. 



When harmful discharges do take place, the National Contingency Plan (NCP) for the removal of oil and 

 hazardous substance discharges (40 CFR Part 300), which is designed to minimize the impacts on marine 

 resources, takes effect. The USCG, in cooperation with EPA, administers the NCP. The NCP establishes the 

 organizational framework whereby oil and hazardous substance spills are to be cleaned up. To carry out the 

 NCP, regional plans have been established; the USCG has issued such a plan for Federal Region IX which 

 encompasses the study area. Under the plan. Coast Guard personnel are to investigate all reported offshore 

 spills, notify the party responsible (if known) of its obhgation to clean up the spill, and supervise the clean-up 

 operation. The Coast Guard retains final authority over the procedures and equipment used in the cleanup. 

 If the party responsible for the spill does not promptly begin cleanup operations, the Coast Guard may hire 

 private organizations. 



The CWA also requires that publicly owned sewage treatment works meet effluent limitations based on effluent 

 reductions attainable through the apphcation of secondary treatment by July 1, 1977 [33 USC §1311(b)(l)]. EPA 

 does have the authority, however, to waive the July 1, 1977 deadline for secondary treatment for discharges into 

 marine waters under certain circumstances (33 USC §Dll(h)). Due to the unusual depth of marine waters off 

 the CaUfornia coast, some municipal sewage treatment works in CaUfornia discharging into marine waters have 

 requested waivers from secondary treatment requirements (43 F.R. 17484 (4/25/78)). 



Permits from the Army Corps of Engineers, (COE) which are based on EPA guidelines, are required prior to 

 the discharge of dredged or fill materials into navigable waters that he inside the baseline from which the 

 territorial sea (defined to be three nautical miles of shore) is measured and fill materials into the territorial sea 

 (33 USC § 1344; 40 CFR 230.2). 



