View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/WATER RIN: 2040-AF53 Publication ID: Spring 2015 
Title: Uniform National Discharge Standards for Vessels of the Armed Forces--Phase II--Batch Two (UNDS) 

In 1996 the Clean Water Act was amended to create section 312(n), "Uniform National Discharge Standards (UNDS) for Vessels of the Armed Forces." Section 312(n) directs the Environmental Protection Agency (EPA) and Department of Defense (DoD) to establish national discharge standards for discharges incidental to the normal operation of a vessel of the armed forces. These national standards will preempt State discharge standards for these vessels. EPA and DoD jointly promulgated Phase I of these regulations, 40 CFR part 1700, on May 10, 1999 (64 FR 25126). Phase I concluded that 25 out of 39 discharges from armed forces vessels would require EPA and DoD to jointly establish MPCB performance standards by regulation (Phase II) for which it is "reasonable and practicable" to require a "marine pollution control device." Phase II is currently underway and will establish performance standards to control the 25 discharges in two separate rulemakings. EPA and DoD, in consultation with the U.S. Coast Guard, are working together to develop MPCD performance standards for the discharges. EPA and DoD published an NPRM for Phase II--Batch One in January 2014. Batch One included the following 11 discharges: aqueous film forming foam, chain locker effluent, distillation and reverse osmosis brine, elevator pit effluent, gas turbine water wash, non-oily machinery wastewater, photographic laboratory drains, seawater cooling overboard discharge, seawater piping biofouling prevention, small boat engine wet exhaust, and well deck discharges. EPA and DoD are now beginning work on Phase II-- Batch Two, which will include the following 14 discharges: catapult water brake tank & post-launch retraction exhaust, clean ballast, compensated fuel ballast, controllable pitch propeller hydraulic fluid, deck runoff, dirty ballast, firemain systems, graywater, hull coating leachate, motor gasoline compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator, and underwater ship husbandry. Some of these discharges have the potential to introduce oil or other organics into receiving waters (such as bilge water), some have the potential to introduce copper or other metals (such as hull coating leachate), and some have the potential to introduce aquatic nuisance species (such as ballast water).

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR part 1700     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 1251 et seq Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2015 
Final Rule  10/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Katherine Weiler
Environmental Protection Agency
Mail Code 4504T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1280

Grace Robiou
Environmental Protection Agency
Mail Code 4504T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-2975