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EPA/OW RIN: 2040-AF53 Publication ID: Fall 2016 
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 EPA and 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 though states will be able to enforce the uniform national standards. The EPA and DoD jointly promulgated Phase I of these regulations, 40 CFR 1700, on May 10, 1999 (64 FR 25126). Phase I concluded that 25 out of 39 discharges from Armed Forces vessels would require the EPA and DoD to jointly establish performance standards by regulation (Phase II) for which it is "reasonable and practicable" to require a "marine pollution control device." 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). Phase II of these regulations will establish performance standards to control the 25 discharges in three separate rulemakings. The EPA and DoD published the UNDS Phase II - Batch One Notice of Proposed Rulemaking on February 3, 2014; the comment period closed on April 4, 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. Phase II - Batch Two (current action) will include performance standards for the following 11 discharges: catapult water brake tank & post-launch retraction exhaust, controllable pitch propeller hydraulic fluid, deck runoff, 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. Phase II - Batch Three (future rulemaking) will include performance standards for the three ballast related discharges.

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 1700   
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  10/07/2016  81 FR 69753   
NPRM Comment Period End  12/06/2016 
Final Rule  08/00/2017 
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
Office of Water
Mail Code 4504T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1280