Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II Batch One, 3173-3185 [2017-00153]
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EPA
issued a final rule on December 14,
2016, (81 FR 90207) (EPA–R06–OAR–
2016–0275; FRL–9956–08-Region 6),
that reclassified the HGB nonattainment
area from Marginal to Moderate for the
2008 8-hour Ozone NAAQS standards.
In that document, EPA incorrectly listed
the classification date for the HGB
ozone nonattainment area in § 81.344,
the table titled ‘‘Texas—2008 8-Hour
Ozone NAAQS (Primary and
secondary)’’ to be 1/13/17. Instead the
document should have the classification
date in the table as 12/14/2016. This
document corrects that mistake.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control.
Subpart C—Section 107 Attainment
Status Designations
Dated: January 3, 2017.
Ron Curry,
Regional Administrator, Region 6.
■
40 CFR part 81 is corrected as follows:
PART 81–DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
2. In § 81.344, the table titled
‘‘Texas—2008 8-Hour Ozone NAAQS
(Primary and secondary)’’ is amended
by revising the entry for ‘‘HoustonGalveston-Brazoria, TX’’ to read as
follows:
§ 81.344
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*
Texas.
*
*
*
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
TEXAS—2008 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY) 2
Designation
Classification
Designated area
Date1
*
*
*
Houston-Galveston-Brazoria, TX: 2 .........................
Brazoria County.
Chambers County.
Fort Bend County.
Galveston County.
Harris County.
Liberty County.
Montgomery County.
Waller County.
*
1 This
*
Type
*
............................
*
Date1
*
*
Nonattainment ...............
*
Type
12/14/2016
*
*
*
Moderate.
*
date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
2 Excludes
*
*
*
*
*
[FR Doc. 2017–00086 Filed 1–10–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
DEPARTMENT OF DEFENSE
40 CFR Part 1700
[EPA–HQ–OW–2013–0469; FRL–9957–85–
OW]
RIN 2040–AD39
Uniform National Discharge Standards
for Vessels of the Armed Forces—
Phase II Batch One
Environmental Protection
Agency and Department of Defense.
ACTION: Final rule.
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AGENCY:
The U.S. Environmental
Protection Agency (EPA) and the U.S.
Department of Defense (DoD) are
promulgating discharge performance
standards for 11 discharges incidental to
the normal operation of a vessel of the
Armed Forces into the navigable waters
SUMMARY:
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of the United States, the territorial seas,
and the contiguous zone. When
implemented, the discharge
performance standards will reduce the
adverse environmental impacts
associated with the vessel discharges,
stimulate the development of improved
vessel pollution control devices, and
advance the development of
environmentally sound vessels of the
Armed Forces. The 11 discharges
addressed by the final rule are the
following: aqueous film-forming foam
(AFFF), 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
welldeck discharges.
DATES: This final rule is effective on
February 10, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–HQ–OW–2013–0469. All
documents in the docket are listed on
the https://regulations.gov Web site. The
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complete public record for this
rulemaking, including responses to
comments received during the
rulemaking, can be found under Docket
No. EPA–HQ–OW–2013–0469.
FOR FURTHER INFORMATION CONTACT:
Katherine B. Weiler, Marine Pollution
Control Branch (4504T), U.S. EPA, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; (202) 566–1280;
weiler.katherine@epa.gov, or Mike
Pletke, Chief of Naval Operations (N45),
2000 Navy Pentagon (Rm 2D253),
Washington, DC 20350–2000; (703) 695–
5184; mike.pletke@navy.mil.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Legal Authority for the Final Rule
B. Purpose of the Final Rule
C. What vessels are regulated by the final
rule?
D. What is the geographic scope of the final
rule?
E. Rulemaking Process
F. Summary of Public Outreach and
Consultation With Federal Agencies,
States, Territories, and Tribes
G. Supporting Documentation
II. UNDS Performance Standards
Development
A. Nature of the Discharge
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B. Environmental Effects
C. Cost, Practicability, and Operational
Impacts
D. Applicable U.S. and International Law
E. Definitions
III. UNDS Performance Standards
A. Aqueous Film-Forming Foam
B. Chain Locker Effluent
C. Distillation and Reverse Osmosis Brine
D. Elevator Pit Effluent
E. Gas Turbine Water Wash
F. Non-Oily Machinery Wastewater
G. Photographic Laboratory Drains
H. Seawater Cooling Overboard Discharge
I. Seawater Piping Biofouling Prevention
J. Small Boat Engine Wet Exhaust
K. Welldeck Discharges
IV. Additional Information in the Final Rule
V. Key Changes and Improvements Since the
Proposed Rule
A. Public Comment
B. Endangered Species Act (ESA)
Consultation
C. Coastal Zone Management Act (CZMA)
Consistency Determination
D. Development of Performance Standards
in Batches
E. Revisions to Definitions and Standards
VI. Related Acts of Congress and Executive
Orders
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Coastal Zone Management Act
H. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
J. National Technology Transfer and
Advancement Act
K. Endangered Species Act
L. Executive Order 13112: Invasive Species
M. Executive Order 13089: Coral Reef
Protection
N. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
O. Congressional Review Act
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I. General Information
A. Legal Authority for the Final Rule
The EPA and DoD promulgate this
rule under the authority of Clean Water
Act (CWA) section 312 (33 U.S.C. 1322).
Section 325 of the National Defense
Authorization Act of 1996 (‘‘NDAA’’),
entitled ‘‘Discharges from Vessels of the
Armed Forces’’ (Pub. L. 104–106, 110
Stat. 254), amended CWA section 312,
to require the Administrator of the U.S.
Environmental Protection Agency
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(Administrator) and the Secretary of
Defense of the U.S. Department of
Defense (Secretary) to develop uniform
national standards to control certain
discharges incidental to the normal
operation of a vessel of the Armed
Forces. The term Uniform National
Discharge Standards, or UNDS, is used
in this preamble to refer to the
provisions in CWA section 312(a)(12)
through (14) and (n) (33 U.S.C.
1322(a)(12) through (14) and (n)).
B. Purpose of the Final Rule
UNDS are intended to enhance the
operational flexibility of vessels of the
Armed Forces domestically and
internationally, stimulate the
development of innovative vessel
pollution control technology, and
advance the development of
environmentally sound ships. Section
312(n)(3)(A) of the CWA requires the
EPA and DoD to promulgate uniform
national discharge standards for certain
discharges incidental to the normal
operation of a vessel of the Armed
Forces (CWA section 312(a)(12)), unless
the Secretary finds that compliance with
UNDS would not be in the national
security interests of the United States
(CWA section 312(n)(1)).
This rule amends title 40 Code of
Federal Regulations (CFR) part 1700 to
establish discharge performance
standards for 11 discharges incidental to
the normal operation of a vessel of the
Armed Forces from among the 25
discharges for which the EPA and DoD
previously determined (64 FR 25126,
May 10, 1999) that it is reasonable and
practicable to require a marine pollution
control device (MPCD). The 11
discharges addressed by this rule are the
following: Aqueous film-forming foam;
chain locker effluent; distillation and
reverse osmosis brine; elevator pit
effluent; gas turbine water wash; nonoily machinery wastewater;
photographic laboratory drains;
seawater cooling overboard discharge;
seawater piping biofouling prevention;
small boat engine wet exhaust; and
welldeck discharges.
These discharge performance
standards do not become enforceable
until after promulgation of a final rule,
as well as promulgation of regulations
by DoD under CWA section 312(n)(5)(C)
to govern the design, construction,
installation, and use of a MPCD.
UNDS do not apply to the following
discharges from vessels of the Armed
Forces: Overboard discharges of
rubbish, trash, garbage, or other such
materials; sewage; air emissions
resulting from the operation of a vessel
propulsion system, motor-driven
equipment, or incinerator; or discharges
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that require permitting under the
National Pollutant Discharge
Elimination System (NPDES) program,
including operational discharges and
other discharges that are not incidental
to the normal operation of a vessel of
the Armed Forces.
C. What vessels are regulated by the
final rule?
The final rule applies to vessels of the
Armed Forces. For the purposes of the
rulemaking, the term ‘‘vessel of the
Armed Forces’’ is defined at CWA
section 312(a)(14). ‘‘Vessel of the Armed
Forces’’ means any vessel owned or
operated by the U.S. Department of
Defense (i.e., U.S. Navy, Military Sealift
Command, U.S. Marine Corps, U.S.
Army, and U.S. Air Force), other than a
time- or voyage-chartered vessel, as well
as any U.S. Coast Guard vessel
designated by the Secretary of the
Department in which the U.S. Coast
Guard is operating. The preceding list is
not intended to be exhaustive, but rather
provides a guide for the reader regarding
the vessels of the Armed Forces to be
regulated by the final rule. The final
rule does not apply to commercial
vessels; private vessels; vessels owned
or operated by state, local, or tribal
governments; vessels under the
jurisdiction of the U.S. Army Corps of
Engineers; certain vessels under the
jurisdiction of the U.S. Department of
Transportation; vessels preserved as
memorials and museums; vessels under
construction; vessels in drydock;
amphibious vehicles; and, as noted
above, time- or voyage-chartered
vessels. For answers to questions
regarding the applicability of this action
to a particular vessel, consult one of the
contacts listed in the FOR FURTHER
INFORMATION CONTACT section.
D. What is the geographic scope of the
final rule?
This rule is applicable to discharges
from a vessel of the Armed Forces
operating in the navigable waters of the
United States, territorial seas, and the
contiguous zone (CWA section
1322(n)(8)(A)). The rule applies in both
fresh and marine waters and can
include bodies of water such as rivers,
lakes, and oceans. Together, the
preamble refers to these waters as
‘‘waters subject to UNDS.’’
Sections 502(7), 502(8), and 502(9) of
the CWA define the term ‘‘navigable
waters,’’ ‘‘territorial seas,’’ and
‘‘contiguous zone,’’ respectively. The
term ‘‘navigable waters’’ means waters
of the United States including the
territorial seas, where the United States
includes the states, the District of
Columbia, the Commonwealth of Puerto
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Rico, the U.S. Virgin Islands, Guam,
American Samoa, the Commonwealth of
the Northern Mariana Islands, and the
Trust Territories of the Pacific Islands.
The term ‘‘territorial seas’’ means the
belt of seas that generally extends three
miles seaward from the line of ordinary
low water along the portion of the coast
in direct contact with the open sea and
the line marking the seaward limit of
inland waters. The term ‘‘contiguous
zone’’ means the entire zone established
or to be established by the United States
under Article 24 of the Convention of
the Territorial Sea and the Contiguous
Zone. Generally, the contiguous zone
extends seaward for the next nine miles
(i.e., from three to 12 miles from the
U.S. coastline). The final rule is not
applicable seaward of the contiguous
zone.
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E. Rulemaking Process
The UNDS rulemaking is a joint
rulemaking between the EPA and DoD
and is under development in three
phases. The first two phases reflect joint
rulemaking between the EPA and DoD;
the third phase is a DoD-only rule.
Phase I
The EPA and DoD promulgated the
Phase I regulations on May 10, 1999 (64
FR 25126), and these existing
regulations are codified at 40 CFR part
1700. During Phase I, the EPA and DoD
identified the discharges incidental to
the normal operation of a vessel of the
Armed Forces for which it is reasonable
and practicable to require control with
a MPCD to mitigate potential adverse
impacts on the marine environment
(CWA section 312(n)(2)), as well as
those discharges for which it is not.
Section 312(a)(13) of the CWA defines a
MPCD as any equipment or management
practice, for installation or use on a
vessel of the Armed Forces, that is
designed to receive, retain, treat,
control, or discharge a discharge
incidental to the normal operation of a
vessel; and determined by the
Administrator and the Secretary to be
the most effective equipment or
management practice to reduce the
environmental impacts of the discharge
consistent with the considerations set
forth by UNDS.
During Phase I, the EPA and DoD
identified the following 25 discharges as
requiring control with a MPCD:
Aqueous film-forming foam; catapult
water brake tank and post-launch
retraction exhaust; chain locker effluent;
clean ballast; compensated fuel ballast;
controllable pitch propeller hydraulic
fluid; deck runoff; dirty ballast;
distillation and reverse osmosis brine;
elevator pit effluent; firemain systems;
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gas turbine water wash; graywater; hull
coating leachate; motor gasoline and
compensating discharge; non-oily
machinery wastewater; photographic
laboratory drains; seawater cooling
overboard discharge; seawater piping
biofouling prevention; small boat engine
wet exhaust; sonar dome discharge;
submarine bilgewater; surface vessel
bilgewater/oil-water separator effluent;
underwater ship husbandry; and
welldeck discharges (40 CFR 1700.4).
During Phase I, the EPA and DoD
identified the following 14 discharges as
not requiring control with a MPCD:
Boiler blowdown; catapult wet
accumulator discharge; cathodic
protection; freshwater layup; mine
countermeasures equipment lubrication;
portable damage control drain pump
discharge; portable damage control
drain pump wet exhaust; refrigeration/
air conditioning condensate; rudder
bearing lubrication; steam condensate;
stern tube seals and underwater bearing
lubrication; submarine acoustic
countermeasures launcher discharge;
submarine emergency diesel engine wet
exhaust; and submarine outboard
equipment grease and external
hydraulics.
As of the effective date of the Phase
I rule (June 9, 1999), neither states nor
political subdivisions of states may
adopt or enforce any state or local
statutes or regulations with respect to
the 14 discharges that were identified as
not requiring control, except to establish
no-discharge zones (CWA sections
312(n)(6)(A) and 312(n)(7)). However,
section 312(n)(5)(D) of the CWA
authorizes a Governor of any state to
submit a petition to the EPA and DoD
and requesting the re-evaluation of a
prior determination that a MPCD is
required for a particular discharge (40
CFR 1700.4) or that a MPCD is not
required for a particular discharge (40
CFR 1700.5), if there is significant new
information not considered previously,
that could reasonably result in a change
to the determination (CWA section
312(n)(5)(D) and 40 CFR 1700.11).
Phase II
Section 312(n)(3) of the CWA
provides for Phase II and requires the
EPA and DoD to develop federal
discharge performance standards for
each of the 25 discharges identified in
Phase I as requiring control. In doing so,
the EPA and DoD are required to consult
with the Department in which the U.S.
Coast Guard is operating, the Secretary
of Commerce, interested states, the
Secretary of State, and other interested
federal agencies. In promulgating Phase
II discharge performance standards,
CWA section 312(n)(2)(B) directs the
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EPA and DoD to consider seven factors:
The nature of the discharge; the
environmental effects of the discharge;
the practicability of using the MPCD;
the effect that installation or use of the
MPCD would have on the operation or
the operational capability of the vessel;
applicable U.S. law; applicable
international standards; and the
economic costs of installation and use of
the MPCD. Section 312(n)(3)(C) of the
CWA further provides that the EPA and
DoD may establish discharge standards
that (1) distinguish among classes,
types, and sizes of vessels; (2)
distinguish between new and existing
vessels; and (3) provide for a waiver of
applicability of standards as necessary
or appropriate to a particular class, type,
age, or size of vessel.
The EPA and DoD developed a
process to establish the Phase II
discharge performance standards in
three batches (three separate
rulemakings). The first batch of
discharge performance standards was
proposed on February 3, 2014 (79 FR
6117) and addressed 11 of the 25
discharges identified as requiring
control (64 FR 25126). A notice of
proposed rulemaking for the second
batch of discharge performance
standards was published on October 7,
2016 (81 FR 69753) and addressed 11
additional discharges identified as
requiring control (64 FR 25126). The
third batch of discharge performance
standards that will address the
remaining three discharges will be
proposed in a separate rule.
In developing the Phase II discharge
performance standards, the EPA and
DoD reference the 2013 NPDES Vessel
General Permit and the 2014 NPDES
Small Vessel General Permit (hereinafter
referred to collectively as the NPDES
VGPs) as the baseline for each
comparable discharge incidental to the
normal operation of a vessel of the
Armed Forces (78 FR 21938, April 12,
2013 and 79 FR 53702, September 10,
2014). The NPDES VGPs provide for
CWA authorization of discharges
incidental to the normal operation of
non-military and non-recreational
vessels extending to the outer reach of
the three-mile territorial sea as defined
in CWA section 502(8). The NPDES
VGPs include effluent limits that are
based on both the technology available
to treat pollutants (i.e., technologybased effluent limitations), and limits
that would be protective of the
designated uses of the receiving waters
(i.e., water quality-based effluent limits),
including both non-numeric and
numeric limitations. Additional
information on NPDES permitting can
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be found on-line at https://www.epa.gov/
npdes/.
Using the NPDES VGPs as a baseline
for developing the performance
standards for discharges incidental to
the normal operation of a vessel of the
Armed Forces allowed the EPA and DoD
to maximize the use of the EPA’s
scientific and technical work developed
to support the NPDES VGPs. The
NPDES VGPs technology-based and
water quality-based effluent limitations
were then adapted, as appropriate, for
the relevant discharges from vessels of
the Armed Forces.
Phase III
Phase III of UNDS requires DoD, in
consultation with the EPA and the
Secretary of the Department in which
the U.S. Coast Guard is operating,
within one year of finalization of the
Phase II standards, to promulgate
regulations governing the design,
construction, installation, and use of
MPCDs necessary to meet the discharge
performance standards. DoD will
implement the Phase III regulations
under the authority of the Secretary as
a DoD publication. The Phase III
regulations will be publicly released
and are expected to be made available
on the Defense Technical Information
Center Web site: https://www.dtic.mil/
whs/directives/. Similar to Phase II,
Phase III will be promulgated in three
batches.
Following the effective date of
regulations under Phase III, it will be
unlawful for a vessel of the Armed
Forces to operate within waters subject
to UNDS if the vessel is not equipped
with a MPCD that meets the Phase II
standards (CWA section 312 (n)(7)). It
also will be unlawful for a vessel of the
Armed Forces to discharge a regulated
UNDS discharge into an UNDS nodischarge zone (i.e., waters where a
prohibition on a discharge has been
established) (CWA section 312(n)(8)).
Any person in violation of this
requirement shall be liable to a civil
penalty of not more than $5,000 for each
violation (CWA section 312(j)). The
Secretary of the Department in which
the U.S. Coast Guard is operating shall
enforce these provisions and may utilize
law enforcement officers, EPA
personnel and facilities, other federal
agencies, or the states to carry out these
provisions. States may also enforce
these provisions (CWA section 312(k)
and (n)(9)).
In addition, as of the effective date of
the Phase III regulations, neither a state
nor political subdivision a of state may
adopt or enforce any state or local
statute or regulation with respect to
discharges identified as requiring
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control, except to establish no-discharge
zones (CWA section 312(n)(6)). CWA
section 312(n)(7) provides for the
establishment of no-discharge zones
either (1) by state prohibition after
application and a determination by the
EPA, or (2) directly by EPA prohibition.
The Phase I UNDS regulations
established the criteria and procedures
for establishing UNDS no-discharge
zones (40 CFR 1700.9 and 40 CFR
1700.10).
If a state determines that the
protection and enhancement of the
quality of some or all of its waters
require greater environmental
protection, the state may prohibit one or
more discharges incidental to the
normal operation of a vessel of the
Armed Forces, whether treated or not,
into those waters (40 CFR 1700.9). A
state prohibition does not apply until
after the Administrator determines that
(1) the protection and enhancement of
the quality of the specified waters
within the state require a prohibition of
the discharge into the waters; (2)
adequate facilities for the safe and
sanitary removal of the discharge
incidental to the normal operation of a
vessel are reasonably available for the
waters to which the prohibition would
apply; and (3) the prohibition will not
have the effect of discriminating against
a vessel of the Armed Forces by reason
of the ownership or operation by the
federal government, or the military
function, of the vessel (40 CFR
1700.9(b)(2)).
Alternatively, a state may request that
the EPA prohibit, by regulation, the
discharge of one or more discharges
incidental to the normal operation of a
vessel of the Armed Forces, whether
treated or not, into specified waters
within a state (40 CFR 1700.10). In this
case, the EPA would make a
determination that the protection and
enhancement of the quality of the
specified waters requires a prohibition
of the discharge. As with the application
of a state prohibition described above,
the Administrator would need to
determine that (1) the protection and
enhancement of the quality of the
specified waters within the state require
a prohibition of the discharge into the
waters; (2) adequate facilities for the
safe and sanitary removal of the
discharge incidental to the normal
operation of a vessel are reasonably
available for the waters to which the
prohibition would apply; and (3) the
prohibition will not have the effect of
discriminating against a vessel of the
Armed Forces by reason of the
ownership or operation by the federal
government, or the military function, of
the vessel (40 CFR 1700.9(b)(2)). The
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EPA may not, however, disapprove a
state application for this latter type of
prohibition for the sole reason that there
are not adequate facilities for the safe
and sanitary removal of such discharges
(CWA section 312(n)(7)(B)(ii) and 40
CFR 1700.10(b)).
The statute also requires the EPA and
DoD to review the determinations and
standards every five years and, if
necessary, to revise them based on
significant new information.
Specifically, CWA section 312(n)(5)(A)
and (B) contain provisions for reviewing
and modifying both of the following
determinations: (1) Whether control
should be required for a particular
discharge, and (2) the substantive
standard of performance for a discharge
for which control is required. A
Governor also may petition the
Administrator and the Secretary to
review a UNDS determination or
standard if there is significant new
information, not considered previously,
that could reasonably result in a change
to the determination or standard (CWA
section 312(n)(5)(D) and 40 CFR
1700.11).
F. Summary of Public Outreach and
Consultation With Federal Agencies,
States, Territories, and Tribes
During the development of the rule,
the EPA and DoD consulted with other
federal agencies, states, and tribes
regarding the reduction of adverse
environmental impacts associated with
discharges from vessels of the Armed
Forces; development of innovative
vessel pollution control technology; and
advancement of environmentally sound
vessels of the Armed Forces. In
addition, the EPA and DoD reviewed
comments on the NPDES VGPs.
G. Supporting Documentation
This rule is supported by ‘‘Technical
Development Document (TDD) Phase I
Uniform National Discharge Standards
(UNDS) for Vessels of the Armed
Forces,’’ the UNDS Phase I rules, the
‘‘Final 2013 Vessel General Permit for
Discharges Incidental to the Normal
Operation of Vessels (VGP),’’ the
‘‘Vessel General Permit (VGP) Fact
Sheet,’’ the ‘‘Final Small Vessel General
Permit for Discharges Incidental to the
Normal Operation of Vessels Less Than
79 Feet (sVGP),’’ the ‘‘Small Vessel
General Permit (sVGP) Fact Sheet,’’ the
‘‘Economics and Benefits Analysis of
the Final 2013 Vessel General Permit
(VGP),’’ the ‘‘Economics and Benefits
Analysis of the Final 2013 Small Vessel
General Permit (sVGP),’’ the ‘‘February
2014 Uniform National Discharge
Standards for Vessels of the Armed
Forces—Phase II,’’ the ‘‘Report to
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Congress: Study of Discharges
Incidental to Normal Operation of
Commercial Fishing Vessels and Other
Non-Recreational Vessels Less than 79
Feet,’’ the ‘‘Environmentally Acceptable
Lubricants,’’ the ‘‘Biological Evaluation
for the Uniform National Discharge
Standards (UNDS) Program Phase II
Batch One,’’ and the ‘‘National
Consistency Determination: Uniform
National Discharge Standards (UNDS)
Program for Phase II Batch One
Discharges.’’ These documents are
available from the EPA Water Docket,
Docket No. EPA–HQ–OW–2013–0469
(Email: ow-docket@epa.gov; Phone
Number: (202) 566–2426; Mail: Water
Docket, Mail Code: 2822–IT, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; or Online: https://
www.regulations.gov). The NPDES VGPs
background documents also are
available online: https://www.epa.gov/
npdes/vessels.
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II. UNDS Performance Standards
Development
During the development of the
discharge performance standards, the
EPA and DoD analyzed the information
from the Phase I of UNDS, considered
the relevant language in the NPDES
VGPs effluent limitations, and took into
the consideration the seven statutory
factors listed in CWA section
312(n)(2)(B). These seven statutory
factors are: The nature of the discharge;
the environmental effects of the
discharge; the practicability of using the
MPCD; the effect that installation or use
of the MPCD would have on the
operation or operational capability of
the vessel; applicable U.S. law;
applicable international standards; and
the economic costs of the installation
and use of the MPCD. The EPA and DoD
determined that the NPDES VGPs
effluent limitations, which include
technology-based and water qualitybased effluent limitations, provide a
sound basis to serve as a baseline for
developing the discharge performance
standards for the 11 discharges in this
rule. The subsections below outline the
EPA and DoD’s approach to considering
the seven statutory factors listed in
CWA section 312(n)(2)(B).
A. Nature of the Discharge
During Phase I, the EPA and DoD
gathered information on the discharges
incidental to the normal operation of a
vessel of the Armed Forces and
developed nature of the discharge
reports. The nature of the discharge
reports discuss how the discharge is
generated, volumes and frequencies of
the generated discharge, where the
discharge occurs, and the constituents
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present in the discharge. In addition, the
EPA and DoD reviewed relevant
discharge information in the supporting
documentation of the NPDES VGPs. The
EPA and DoD briefly describe the nature
of each of the 11 discharges below;
however, the complete nature of the
discharge reports can be found in
Appendix A of the Technical
Development Document—EPA 821–R–
99–001.
B. Environmental Effects
Discharges incidental to the normal
operation of a vessel of the Armed
Forces have the potential to negatively
impact the aquatic environment. The
discharges contain a wide variety of
constituents that have the potential to
negatively impact aquatic species and
habitats. These discharges can cause
thermal pollution and can contain
aquatic nuisance species (ANS),
nutrients, bacteria and pathogens (e.g.,
E. coli and fecal coliforms), oil and
grease, metals, most conventional
pollutants (e.g., organic matter,
bicarbonate, and suspended solids), and
other toxic and non-conventional
pollutants with toxic effects. While it is
unlikely that these discharges would
cause an acute or chronic exceedance of
the EPA recommended water quality
criteria across a large water body, these
discharges have the potential to cause
adverse environmental impacts on a
more localized scale due to the end-ofpipe nature of the discharges. For each
of the 11 discharges below, the EPA and
DoD discuss the constituents of concern
released into the environment and
potential water quality impacts. The
discharge performance standards will
reduce the discharge of constituents of
concern and mitigate the environmental
risks to the receiving waters.
C. Cost, Practicability, and Operational
Impacts
The universe of vessels of the Armed
Forces affected by the rule encompasses
more than 6,000 vessels distributed
among the U.S. Navy, Military Sealift
Command, U.S. Coast Guard, U.S.
Army, U.S. Marine Corps, and U.S. Air
Force. These vessels range in design and
size from small boats with lengths of
less than 20 feet for coastal operations,
to aircraft carriers with lengths of over
1,000 feet for global operations.
Approximately 80 percent of the vessels
of the Armed Forces are less than 79 feet
in length. Larger vessels (i.e., vessels
with length greater than or equal to 79
feet) comprise 20 percent of the vessels
of the Armed Forces. The EPA and DoD
considered vessel class, type, and size
when developing the discharge
standards, as not all vessels of the
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Armed Forces have the same discharges.
For more information on the various
vessel classes, characteristics, and
missions, see Appendix A.
The EPA and DoD assessed the
relative costs, practicability, and
operational impacts of the rule by
comparing current operating conditions
and practices of vessels of the Armed
Forces with the anticipated operating
conditions and practices that will be
required to meet the discharge
performance standards. The EPA and
DoD determined that the discharge
performance standards applicable to
operating conditions and practices for
the 11 discharges will only result in a
marginal increase in performance costs,
practicability, and operational impacts.
D. Applicable U.S. and International
Law
The EPA and DoD reviewed U.S. laws
and international standards that would
be relevant to discharges incidental to
the normal operation of a vessel of the
Armed Forces. A number of U.S.
environmental laws include specific
provisions for federal facilities and
properties that may result in different
environmental requirements for federal
and non-federal entities. Similarly,
many international treaties do not apply
to vessels of the Armed Forces either
because vessels of the Armed Forces are
entitled to sovereign immunity under
international law or because any
particular treaty may apply different
approaches to the adoption of
appropriate environmental control
measures consistent with the objects
and purposes of such treaties. The EPA
and DoD incorporated any relevant
information in the development of the
discharge standards after reviewing the
requirements of the following treaties
and domestic implementing legislation,
as well as other relevant and potentially
applicable U.S. environmental laws:
International Convention for the
Prevention of Pollution from Ships (also
referred to as MARPOL); International
Convention on the Control of Harmful
Anti-Fouling Systems on Ships; Act to
Prevent Pollution from Ships; CWA
section 311, as amended by the Oil
Pollution Control Act of 1990; CWA
section 402 and the National Pollutant
Discharge Elimination System Vessel
General Permit and small Vessel
General Permit; Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA); Hazardous Materials
Transportation Act; Title X of the Coast
Guard Authorization Act of 2010;
National Marine Sanctuaries Act;
Antiquities Act of 1906; Resource
Conservation and Recovery Act; Toxic
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B. Chain Locker Effluent
Substances Control Act; and the St.
Lawrence Seaway Regulations.
E. Definitions
The EPA and DoD added UNDS
definitions to 40 CFR part 1700.
Specifically, this rule defines the terms:
Bioaccumulative; biodegradable;
environmentally acceptable lubricants;
federally-protected waters; hazardous
material; minimally-toxic; not
bioaccumulative; person in charge; toxic
materials; and waters subject to UNDS.
III. UNDS Performance Standards
This section describes the
performance standards determined to be
reasonable and practicable to mitigate
the adverse impacts to the marine
environment for the 11 discharges. In
developing these standards, the EPA
and DoD considered the information
from Phase I of UNDS, the NPDES VGPs
effluent limitations, and the seven
statutory factors listed in CWA section
312(n)(2)(B). For more information on
each discharge included in this rule,
please see the Phase I Uniform National
Discharge Standards for Vessels of the
Armed Forces: Technical Development
Document; EPA 821–R–99–001.
The 11 discharge performance
standards described in each section
below apply to vessels of the Armed
Forces operating within waters subject
to UNDS, except as otherwise expressly
excluded in the ‘‘exceptions’’ in 40 CFR
1700.39. In addition, if two or more
regulated discharge streams are
combined prior to discharge, then the
resulting discharge would need to meet
the discharge performance standards
applicable to each of the discharges that
are being combined (40 CFR 1700.40).
Furthermore, recordkeeping (40 CFR
1700.41) and non-compliance reporting
(40 CFR 1700.42) apply generally to
each discharge performance standard
unless expressly provided in a
particular discharge performance
standard.
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A. Aqueous Film-Forming Foam
The EPA and DoD prohibit the
discharge of AFFF (i.e., AFFF used
during training, testing, or maintenance
operations) for vessels that sail seaward
of waters subject to UNDS at least once
per month. For vessels that do not sail
seaward of waters subject to UNDS at
least once per month, discharges of
fluorinated AFFF are prohibited and
discharges of non-fluorinated or
alternative foaming agent are prohibited
in port or in or near federally-protected
waters, and must occur as far from shore
as possible.
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The EPA and DoD require that all
anchor chains from surface vessels
(submarines are not subject to this
requirement) must be carefully and
thoroughly washed down (i.e., more
than a cursory rinse) as they are being
hauled out of the water to remove
sediment and organisms. The EPA and
DoD also require that all chain lockers
must be cleaned periodically to
eliminate accumulated sediments and
any potential accompanying pollutants.
The dates of all chain locker inspections
must be recorded in the ship’s log or
other vessel recordkeeping
documentation.
In addition, the EPA and DoD prohibit
the rinsing or pumping out of chain
lockers for vessels that sail seaward of
waters subject to UNDS at least once per
month. For vessels that do not sail
seaward of waters subject to UNDS at
least once per month, the rinsing or
pumping out of chain lockers must
occur as far from shore as possible and,
if technically feasible, must not occur in
federally-protected waters.
C. Distillation and Reverse Osmosis
Brine
The EPA and DoD prohibit the
discharge of the distillation and reverse
osmosis brine and the discharge of
reverse osmosis reject water if it comes
in contact with machinery or industrial
equipment (other than distillation or
reverse osmosis machinery), toxic or
hazardous materials, or wastes.
D. Elevator Pit Effluent
The EPA and DoD prohibit the direct
discharge of elevator pit effluent.
Notwithstanding the prohibition of
direct discharges of elevator pit effluent,
elevator pit effluent can be discharged
when commingled with another
discharge for the purposes of treatment
prior to discharge; under no
circumstances may oils, including oily
mixtures, be discharged from that
combined discharge in quantities that
cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines, or cause a
sludge or emulsion to be deposited
beneath the surface of the water or upon
adjoining shorelines, or contain an oil
content above 15 ppm as measured by
EPA Method 1664a or other appropriate
method for determination of oil content
as accepted by the International
Maritime Organization (IMO) (e.g.,
International Organization for
Standardization (ISO) Method 9377) or
U.S. Coast Guard, or are otherwise
harmful to the public health or welfare
of the United States.
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E. Gas Turbine Water Wash
The EPA and DoD prohibit the direct
discharge of gas turbine water wash. To
the greatest extent practicable, gas
turbine water wash must be collected
separately and disposed of onshore in
accordance with any applicable solid
waste and hazardous substance
management and disposal requirements.
Notwithstanding the prohibition of
direct discharges of gas turbine water
wash overboard, if gas turbine water
wash is commingled with any other
discharge for the purposes of treatment
prior to discharge, then under no
circumstances may oils, including oily
mixtures, be discharged from that
combined discharge in quantities that
cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines, or cause a
sludge or emulsion to be deposited
beneath the surface of the water or upon
adjoining shorelines, or contain an oil
content above 15 ppm as measured by
EPA Method 1664a or other appropriate
method for determination of oil content
as accepted by the International
Maritime Organization (IMO) (e.g., ISO
Method 9377) or U.S. Coast Guard, or
are otherwise harmful to the public
health or welfare of the United States.
F. Non-Oily Machinery Wastewater
The EPA and DoD require that
discharges of non-oily machinery
wastewater must not contain any
additives that are toxic or
bioaccumulative in nature. In addition,
under no circumstances may oils,
including oily mixtures be discharged in
quantities that cause a film or sheen
upon or discoloration of the surface of
the water or adjoining shorelines, or
cause a sludge or emulsion to be
deposited beneath the surface of the
water or upon adjoining shorelines, or
contain an oil content above 15 ppm as
measured by EPA Method 1664a or
other appropriate method for
determination of oil content as accepted
by the International Maritime
Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard, or otherwise
are harmful to the public health or
welfare of the United States.
G. Photographic Laboratory Drains
The EPA and DoD prohibit the
discharge of photographic laboratory
drain effluent.
H. Seawater Cooling Overboard
Discharge
The EPA and DoD require that noncontact engine cooling water, hydraulic
system cooling water, refrigeration
cooling water, and other seawater
cooling overboard discharges be
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minimized, to the greatest extent
practicable, when the vessel is in port.
In addition, the standard provides for
the reduction in production and
discharge of seawater cooling overboard
by urging the use of shore power in port
if: (1) Shore power is readily available;
(2) shore-based power supply systems
are capable of providing the needed
electricity; and (3) the vessel is
equipped to connect to shore-based
power. Specifically, the EPA and DoD
require that, for vessels that are less
than 79 feet in length, fouling organisms
must be removed from seawater piping
on a regular basis and the discharge of
such removed organisms is prohibited.
For vessels that are greater than or equal
to 79 feet in length, maintenance of all
piping and seawater cooling systems
must meet the requirements of 40 CFR
1700.32 (Seawater Piping Biofouling
Prevention) and fouling organisms
removed from seawater piping must not
be discharged. Submarines have suction
clearing procedures, which must be
performed for vessel safety purposes;
therefore, submarines are not required
to meet these operational removal
requirements.
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I. Seawater Piping Biofouling Prevention
The EPA and DoD require a
performance standard for seawater
piping biofouling prevention that
minimizes, to the greatest extent
practicable, the amount of biofouling
chemicals (e.g., chlorine) used to keep
fouling under control. Fouling
organisms must be removed from
seawater piping on a regular basis.
Fouling organisms removed during a
cleaning event are prohibited from being
discharged. For all vessels, except
submarines, the discharge of fouling
organisms removed during cleanings is
prohibited.
Lastly, this performance standard
requires practices consistent with the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136
et seq.) registration requirements for
chemicals used to control biofouling of
seawater piping, and prohibits the
discharge of pesticides or chemicals
banned for use in the United States.
J. Small Boat Engine Wet Exhaust
The EPA and DoD require that low
sulfur or alternative fuels be used to the
greatest extent practicable. In addition,
the performance standard requires that,
to the greatest extent practicable, fourstroke engines be used instead of twostroke engines. Vessels using two-stroke
engines are required to use
environmentally acceptable lubricants
(found in the definitions for this term at
40 CFR 1700.3) unless such use would
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be technologically infeasible. If
technologically infeasible, the use and
justification for the use of a nonenvironmentally acceptable lubricant
must be recorded in the vessel
recordkeeping documentation.
K. Welldeck Discharges
The EPA and DoD prohibit welldeck
discharges containing graywater from
smaller vessels. In addition, discharges
containing washdown of gas turbine
engines within nautical miles of the
United States is prohibited and, to the
greatest extent practicable, must be
discharged seaward of waters subject to
UNDS. Welldeck discharges from
equipment and vehicle washdowns
need to be free from garbage, and must
not contain oil in quantities that cause
a film or sheen upon or discoloration of
the surface of the water or adjoining
shorelines, or cause a sludge or
emulsion to be deposited beneath the
surface of the water or upon adjoining
shorelines, or contain an oil content
above 15 ppm as measured by EPA
Method 1664a or other appropriate
method for determination of oil content
as accepted by the International
Maritime Organization (IMO) (e.g., ISO
Method 9377) or U.S. Coast Guard, or
otherwise are harmful to the public
health or welfare of the United States.
IV. Additional Information in the Final
Rule
This section provides an overview of
the additional amendments for 40 CFR
part 1700. These changes include an
amendment to subsections referenced
Effect (section 1700.2), a provision that
authorizes certain discharges
notwithstanding the performance
standards in situations where vessel
safety or lives are endangered (section
1700.39), a provision that requires
combined discharge streams to meet the
requirements applicable to all discharge
streams that are combined (section
1700.40), a requirement for
recordkeeping (section 1700.41), and a
requirement to report instances of noncompliance with MPCD performance
standards (section 1700.42).
1. Amendment to Subsections
Referenced in Section 1700.2 Effect
The EPA and DoD amend the
reference sections noted in the Effect
Section 1700.2 (a) by amending
‘‘Federal standards of performance for
each required Marine Pollution Control
Device are listed in section 1700.14’’ to
‘‘Federal standards of performance for
each required Marine Pollution Control
Device are listed in sections 1700.14
through 1700.38. Federal standards of
performance apply to all vessels,
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whether existing or new, and regardless
of vessel class, type, or size, unless
otherwise expressly provided in
sections 1700.14 through 1700.38.’’
2. Reservation of Sections
As noted previously, the EPA and
DoD are proposing the Phase II
standards in three batches. For the
purpose of proposing the remaining
batches, this rule reserves the following
sections for those future rulemaking
actions:
Section 1700.17 Clean Ballast;
Section 1700.18 Compensated Fuel
Ballast;
Section 1700.21 Dirty Ballast;
3. Section 1700.39 Exceptions
The EPA and DoD add an
‘‘Exceptions’’ subsection at section
1700.39, which provides a place to
identify certain excluded discharges
from the scope of UNDS,
notwithstanding the performance
standards, in situations where vessel
safety or lives are endangered. The
section also identifies requirements for
maintaining records of all discharge
exceptions.
4. Section 1700.40 Commingling of
Discharges
The EPA and DoD add a
‘‘Commingling of Discharges’’
subsection at section 1700.40. By adding
this subsection, the EPA and DoD
stipulate that if two or more regulated
discharge streams are combined into
one, the resulting discharge stream must
meet the requirements applicable to all
discharge streams that are combined
prior to discharge unless otherwise
specified by the specific discharge
standard.
5. Section 1700.41 Records
The EPA and DoD add a ‘‘Records’’
subsection at section 1700.41. By adding
this subsection, the EPA and DoD
include recordkeeping requirements
that shall document all inspections,
instances of non-compliance, and
instances of an exception.
6. Section 1700.42 Non-Compliance
Reports
The EPA and DoD add a ‘‘NonCompliance Reports’’ subsection at
section 1700.42. By adding this
subsection, the EPA and DoD include
reporting requirements for any noncompliance with performance standards
prescribed for this Part.
V. Key Changes and Improvements
Since the Proposed Rule
A. Public Comment
On February 3, 2014, the EPA and
DoD published proposed discharge
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performance standards for the 11
discharges in Batch One. The proposed
rule established a public comment
period of 60 days that closed on April
4, 2014. The public had the option of
submitting comments by email, mail,
hand delivery, or electronically via the
Federal eRulemaking Portal
(www.regulations.gov). The public
comments are available for public
viewing in the docket under Docket No.
EPA–HQ–OW–2013–0469.
The EPA and DoD consider the public
comment period vital to creating a rule
that is effective at meeting regulatory
standards and also is readily
understandable and useful to the public.
The EPA and DoD received one
comment on the proposed rule
regarding some of the terms and
definitions used in the UNDS Phase II
Batch One Proposed Rule. The comment
noted that the definitions used in the
UNDS proposed rule were slightly
different than the definitions used in the
NPDES VGP and could potentially cause
confusion in production and sales of
certain goods, such as lubricants, that
are widely used on both commercial
vessels and vessels of the Armed Forces.
The EPA and DoD agreed with the
comment and incorporated changes to
the following definitions in Section
1700.3 of this final rule:
• Aquatic Toxicity: The EPA and DoD
define and use the term ‘‘minimallytoxic,’’ found in the final 2013 VGP,
rather than the ‘‘non-toxic’’ terminology
used in the UNDS Phase II Batch One
proposed rule.
• Bioaccumulation: The proposed
UNDS rule defines ‘‘bioaccumulative’’
as determined by test methods; this is
not consistent with the ‘‘not
bioaccumulative’’ definition used in the
2013 VGP for lubricants. The 2013 VGP
does not require bioaccumulation
testing of biodegradable portions of
lubricants as, by definition, they will
not persist and accumulate in the
environment. This final rule revises the
term ‘‘bioaccumulative’’ to be consistent
with the final 2013 VGP.
• Biodegradability: In the proposed
rule, the EPA and DoD proposed testing
the biodegradability of mixtures.
However, to increase consistency with
the terms and definitions found in the
final 2013 VGP, the EPA and DoD use
the definition of biodegradability
established in the final 2013 VGP in
place of the definition presented in the
UNDS Phase II Batch One proposed
rule. The VGP does not require testing
the biodegradability of mixtures.
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B. Endangered Species Act (ESA)
Consultation
Pursuant to Section 7(a)(2) of the
Endangered Species Act (ESA) the EPA
and DoD consulted the U.S. Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS),
collectively ‘‘the Services.’’ The
Biological Evaluation developed by the
EPA and DoD concluded that the
issuance of the Batch One final rule for
the Uniform National Discharge
Standards for Vessels of the Armed
Forces—Phase II is not likely to
adversely affect listed or proposed
species or adversely modify designated
or proposed critical habitat.
C. Coastal Zone Management Act
(CZMA) Consistency Determination
Pursuant to Section 307 of the CZMA,
the EPA and DoD have determined that
the performance standards are
consistent to the maximum extent
practicable with the enforceable policies
of federally-approved coastal state and
territory Coastal Management Plans
(CMPs) for the coastal zones including
state waters where discharges from
vessels of the Armed Forces would be
regulated by UNDS. Following proposal
of the Uniform National Discharge
Standards for Vessels of the Armed
Forces—Phase II issued on February 3,
2014, the EPA and DoD provided 34
states and territories with the EPA and
DoD’s August 2016 ‘‘National
Consistency Determination: Uniform
National Discharge Standards (UNDS)
Program for Phase II Batch One
Discharges.’’
D. Development of Performance
Standards in Batches
The EPA and DoD are modifying the
batch process. In the proposed rule, the
EPA and DoD indicated that Phase II—
the establishment of discharge
performance standards—would be
completed in two batches. The EPA and
DoD have since determined to develop
the discharge performance standards in
three batches to allow for more time to
collect and incorporate additional
information into the development of the
discharge performance standards.
E. Revisions to Definitions and
Standards
The EPA and DoD are modifying the
definitions and standards to make them
more clear and concise, in addition to
changes made due to the public and
federal comments. The non-substantive
changes made to the definitions and
standards are intended to clarify,
simplify, and/or improve understanding
and readability of the discharge
performance standards. There are no
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technical changes to the definitions or
standards.
VI. Related Acts of Congress and
Executive Orders
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden, as the
EPA and DoD have determined that
Phase II of UNDS does not create any
additional collection of information
beyond that already mandated under the
Phase I of UNDS. The Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations (40 CFR part 1700)
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2040–0187. The OMB control numbers
for the EPA’s regulations in 40 CFR are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
We certify that this action will not
have a significant economic impact on
a substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action implements
mandates specifically and explicitly set
forth in CWA section 312 without the
exercise of any policy discretion by the
EPA.
E. Executive Order 13132: Federalism
The EPA and DoD concluded that the
rule, once finalized in Phase III, will
have federalism implications. Once the
discharge performance standards are
promulgated in Phase III by DoD,
adoption and enforcement of new or
existing state or local regulations for the
discharges will be preempted.
Accordingly, the EPA and DoD
provide the following federalism
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summary impact statement. During
Phase I of UNDS, the EPA and DoD
conducted two rounds of consultation
meetings (i.e., outreach briefings) to
allow states and local officials to have
meaningful and timely input into the
development of the rulemaking.
Twenty-two states accepted the offer to
be briefed on UNDS and discuss state
concerns. The EPA and DoD provided
clarification on the technical aspects of
the UNDS process, including
preliminary discharge determinations
and analytical information supporting
decisions to control or not control
discharges. State representatives were
provided with discharge summaries
containing the description, analysis, and
preliminary determination of each of the
39 discharges from vessels of the Armed
Forces—25 of which were determined to
require control.
During Phase II, the EPA and DoD
consulted again with state
representatives early in the process of
developing the regulation to allow them
to have meaningful and timely input
into the development of the discharge
standards. On March 14, 2013, the EPA
held a Federalism consultation briefing
in Washington, DC, which was attended
by representatives from the National
Governors Association, the National
Conference of State Legislatures, the
National League of Cities, the National
Association of Counties, the United
States Conference of Mayors, the County
Executives of America, the
Environmental Council of States, the
Association of Clean Water
Administrators, two U.S. states and one
U.S. territory, in order to obtain
meaningful and timely input in the
development of the proposed discharge
standards. The EPA and DoD informed
the state representatives that the two
agencies planned to use the NPDES
VGPs effluent limitations as a baseline
for developing the discharge
performance standards for the 25
discharges identified in Phase I as
requiring control.
Pursuant to the terms of Executive
Order 13132, as well as EPA policy for
implementing it, a federalism summary
impact statement is required to
summarize not only the issues and
concerns raised by state and local
government commenters during the
course of the rule’s development, but
also to describe how and the extent to
which the agencies addressed those
concerns. No formal, substantive
comments were received from state and
local government entities during the
course of developing this action.
As required by section 8(a) of
Executive Order 13132, the EPA
included a certification from its
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Federalism Official stating that the EPA
had met the Executive Order’s
requirements in a meaningful and
timely manner. A copy of this
certification is included in the public
version of the official record for this
final action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implication as specified in Executive
Order 13175. The UNDS rulemaking
will not impact vessels operated by
tribes because the rule only regulates
discharges from vessels of the Armed
Forces. However, tribes may be
interested in this action because vessels
of the Armed Forces, including U.S.
Coast Guard vessels, may operate in or
near tribal waters. The EPA hosted a
National Teleconference on March 23,
2013, in order to obtain meaningful and
timely input during the development of
the discharge standards. The EPA and
DoD informed the representatives that
the two agencies planned to use the
NPDES VGPs effluent limitations as a
baseline for developing the discharge
performance standards for the 25
discharges identified in Phase I as
requiring control. During the Tribal
consultation period, the EPA and DoD
did not receive any substantive
comments from the Indian Tribal
Governments.
G. Coastal Zone Management Act
The Coastal Zone Management Act
(CZMA) and its implementing
regulations (15 CFR part 930) require
that any Federal agency activity or
Federally licensed or permitted activity
occurring within (or outside but
affecting) the coastal zone of a state with
an approved Coastal Management Plan
(CMP) be consistent with the
enforceable policies of that approved
program to the maximum extent
practicable. According to the August
2016 ‘‘National Consistency
Determination: Uniform National
Discharge Standards (UNDS) Program
for Phase II Batch One Discharges,’’ the
EPA and DoD have determined that the
performance standards are consistent to
the maximum extent practicable with
the enforceable policies of the 34
federally-approved state and territory
CMPs.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
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3181
EPA and DoD do not believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children. The
11 discharge standards are designed to
control discharges incidental to the
normal operation of a vessel of the
Armed Forces that could adversely
affect human health and the
environment. The standards reduce the
impacts to the receiving waters and any
person using the receiving waters,
regardless of age.
I. Executive Order 13211: Actions That
Concern Regulations That Significantly
Affect Energy Supply, Distribution, and
Use
This action is not subject to Executive
Order 13211, because is not a significant
regulatory action under Executive Order
12866.
J. National Technology Transfer and
Advancement Act
This action involves technical
standards. The EPA and DoD propose to
use ISO Method 9377—determination of
hydrocarbon oil index. ISO Method
9377 is a voluntary consensus standard
developed by an independent, nongovernmental international
organization.
K. Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act (ESA) requires each Federal
agency, in consultation with and with
the assistance of the U.S. Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS),
collectively ‘‘the Services,’’ to ensure
that the actions they authorize, fund, or
carry out are not likely to adversely
affect the continued existence of any
endangered or threatened species
(referred to as ‘‘listed species’’) or result
in the destruction or adverse
modification of their designated critical
habitats.
The Services have published
regulations implementing ESA section 7
at 50 CFR part 402. The regulations
provide that a federal agency (such as
the EPA and DoD) must consult with
FWS, NMFS, or both if the agency
determines that an activity authorized,
funded, or carried out by the agency
may affect listed species or critical
habitat. The kinds of effects that trigger
the consultation obligation could
include, among other things, beneficial,
detrimental, direct and indirect effects.
The EPA and DoD commenced
discussion with the Services in
November 2014. The consultation
process included multiple steps:
Briefings with the Services on the
contents of the rulemaking, discussions
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of the EPA and DoD’s proposed outline
and methodological approach,
information exchanges and requests on
current species lists, rulemaking
schedule, and ultimately the submittal
of a consultation package on October 11,
2016.
L. Executive Order 13112: Invasive
Species
Executive Order 13112, entitled
‘‘Invasive Species’’ (64 FR 6183,
February 8, 1999), requires each federal
agency, whose actions may affect the
status of invasive species, to identify
such actions, and, subject to the
availability of appropriations, use
relevant programs and authorities to,
among other things, prevent, detect,
control, and monitor the introduction of
invasive species. As defined by this
Executive Order, ‘‘invasive species’’
means an alien species whose
introduction causes, or is likely to
cause, economic or environmental harm
or harm to human health.
As part of the environmental effects
analyses, the EPA and DoD considered
the control of invasive species when
developing the discharge performance
standards for all 11 discharges (See
Section II).
M. Executive Order 13089: Coral Reef
Protection
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The EPA and DoD believe that this
action does not have disproportionately
high and adverse human health or
environmental effects on minority
populations, low-income populations
and/or indigenous peoples, as specified
in Executive Order 12898 (59 FR 7629,
February 16, 1994). The discharge
performance standards only apply to
vessels of the Armed Forces and
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List of Subjects in 40 CFR Part 1700
Environmental protection, Armed
Forces, Vessels, Coastal zone, Reporting
and recordkeeping requirements, Water
pollution control.
Dated: December 8, 2016.
Gina McCarthy,
Administrator, Environmental Protection
Agency.
Dated: December 22, 2016.
Steven R. Iselin,
Acting Assistant Secretary of the Navy,
Energy, Installations, and Environment.
For the reasons stated in the preamble,
title 40, chapter VII, of the Code of
Federal Regulations is amended as
follows:
■
PART 1700—UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES
1. The authority citation for 40 CFR
part 1700 continues to read as follows:
N. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
15:58 Jan 10, 2017
O. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
■
Executive Order 13089, entitled
‘‘Coral Reef Protection’’ (63 FR 32701,
June 16, 1998), requires all federal
agencies to identify actions that may
affect U.S. coral reef ecosystems; utilize
their programs and authorities to protect
the conditions of such ecosystems; and
to the extent permitted by law, ensure
that any actions they authorize, fund, or
carry out will not degrade the
conditions of such ecosystems. These
discharge standards are designed to
control or eliminate the discharges
incidental to the normal operation of
vessels of the Armed Forces, ultimately
minimizing the potential for causing
adverse impacts to the marine
environment including coral reefs.
VerDate Sep<11>2014
ultimately increase environmental
protection.
Authority: 33 U.S.C. 1322, 1361.
Subpart A—Scope
2. Amend § 1700.2 by revising
paragraph (a) to read as follows:
■
§ 1700.2
Effect.
(a) This part identifies those
discharges, other than sewage,
incidental to the normal operation of
vessels of the Armed Forces that require
control within the navigable waters of
the United States, including the
territorial seas and the waters of the
contiguous zone, and those discharges
that do not require control. Discharges
requiring control are identified in
§ 1700.4. Discharges not requiring
control are identified in § 1700.5.
Federal standards of performance for
each required Marine Pollution Control
Device are listed in §§ 1700.14 through
1700.38. Federal standards of
performance apply to all vessels,
whether existing or new, and regardless
of vessel class, type, or size, unless
otherwise expressly provided in
§§ 1700.14 through 1700.38.
*
*
*
*
*
■ 3. Amend § 1700.3 by adding in
alphabetical order definitions for
‘‘Bioaccumulative’’, ‘‘Biodegradable’’,
‘‘Environmentally acceptable
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lubricants’’, ‘‘Federally-protected
waters’’, ‘‘Hazardous material’’,
‘‘Minimally-toxic’’, ‘‘Not
bioaccumulative’’, ‘‘Person in charge’’,
‘‘Toxic materials’’, and ‘‘Waters subject
to UNDS’’, to read as follows:
§ 1700.3
Definitions.
*
*
*
*
*
Bioaccumulative means the opposite
of not bioaccumulative.
Biodegradable means the following
for purposes of the standards:
(1) Regarding environmentally
acceptable lubricants and greases,
biodegradable means lubricant
formulations that contain at least 90%
(weight in weight concentration or w/w)
or grease formulations that contain at
least 75% (w/w) of a constituent
substance or constituent substances
(only stated substances present above
0.10% must be assessed) that each
demonstrate either the removal of at
least 70% of dissolved organic carbon,
production of at least 60% of the
theoretical carbon dioxide, or
consumption of at least 60% of the
theoretical oxygen demand within 28
days. Test methods include:
Organization for Economic Co-operation
and Development Test Guidelines 301
A–F, 306, and 310, ASTM 5864, ASTM
D–7373, OCSPP Harmonized Guideline
835.3110, and International
Organization for Standardization
14593:1999. For lubricant formulations,
the 10% (w/w) of the formulation that
need not meet the above
biodegradability requirements, up to 5%
(w/w) may be non-biodegradable, but
not bioaccumulative, while the
remaining 5–10% must be inherently
biodegradable. For grease formulations,
the 25% (w/w) of the formulation that
need not meet the above
biodegradability requirement, the
constituent substances may be either
inherently biodegradable or nonbiodegradable, but may not be
bioaccumulative. Test methods to
demonstrate inherent biodegradability
include: OECD Test Guidelines 302C
(>70% biodegradation after 28 days) or
OECD Test Guidelines 301 A–F (>20%
but <60% biodegradation after 28 days).
(2) Regarding cleaning products,
biodegradable means products that
demonstrate either the removal of at
least 70% of dissolved organic carbon,
production of at least 60% of the
theoretical carbon dioxide, or
consumption of at least 60% of the
theoretical oxygen demand within 28
days. Test methods include:
Organization for Economic Cooperation
and Development Test Guidelines 301
A–F, 306, and 310, and International
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Organization for Standardization
14593:1999.
(3) Regarding biocidal substances,
biodegradable means a compound or
mixture that yields 60% of theoretical
maximum carbon dioxide and
demonstrate a removal of at least 70%
of dissolved organic carbon within 28
days as described in EPA 712–C–98–075
(OPPTS 835.3100 Aerobic Aquatic
Biodegradation).
Environmentally acceptable
lubricants means lubricants that are
biodegradable, minimally-toxic, and not
bioaccumulative as defined in this
subpart. The following labeling
programs and organizations meet the
definition of being environmentally
acceptable lubricants: Blue Angel,
European Ecolabel, Nordic Swan, the
Swedish Standards SS 155434 and
155470, Safer Choice, and the
Convention for the Protection of the
Marine Environment of the North-East
Atlantic (OSPAR) requirements.
*
*
*
*
*
Federally-protected waters means
waters within 12 miles of the United
States that are also part of any of the
following:
(1) Marine sanctuaries designated
under the National Marine Sanctuaries
Act (16 U.S.C. 1431 et seq.) or Marine
National Monuments designated under
the Antiquities Act of 1906;
(2) A unit of the National Wildlife
Refuge System, including Wetland
Management Districts, Waterfowl
Production Areas, National Game
Preserves, Wildlife Management Areas,
and National Fish and Wildlife Refuges;
(3) National Wilderness Areas; and
(4) Any component designated under
the National Wild and Scenic Rivers
System.
Hazardous material means any
hazardous material as defined in 49 CFR
171.8.
*
*
*
*
*
Minimally-toxic means a substance
must pass either OECD 201, 202, and
203 for acute toxicity testing, or OECD
210 and 211 for chronic toxicity testing.
For purposes of the standards,
equivalent toxicity data for marine
species, including methods ISO/DIS
10253 for algae, ISO TC147/SC5/W62
for crustacean, and OSPAR 2005 for
fish, may be substituted for OECD 201,
202, and 203. If a substance is evaluated
for the formulation and main
constituents, the LC50 of fluids must be
at least 100 mg/L and the LC50 of
greases, two-stroke oils, and all other
total loss lubricants must be at least
1000 mg/L. If a substance is evaluated
for each constituent substance, rather
than the complete formulation and main
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compounds, then constituents
comprising less than 20% of fluids can
have an LC50 between 10–100 mg/L or
a no-observed-effect concentration
(NOEC) between 1–10 mg/L,
constituents comprising less than 5% of
fluids can have an LC50 between 1–10
mg/L or a NOEC between 0.1–1 mg/L,
and constituents comprising less than
1% of fluids, can have an LC50 less than
1 mg/L or a NOEC between 0–0.1 mg/
L.
*
*
*
*
*
Not bioaccumulative means any of the
following: The partition coefficient in
the marine environment is log Kow <3
or >7 using test methods OECD 117 and
107; molecular mass >800 Daltons;
molecular diameter >1.5 nanometer;
bioconcentration factor (BCF) or
bioaccumulation factor (BAF) is <100 L/
kg, using OECD 305, OCSPP 850.1710 or
OCSPP 850.1730, or a field-measured
BAF; or polymer with molecular weight
(MW) fraction below 1,000 g/mol is
<1%.
Person in charge (PIC) means the
single individual named master of the
vessel or placed in charge of the vessel,
by the U.S. Department of Defense or by
the Department in which the U.S. Coast
Guard is operating, as appropriate, and
who is responsible for the operation,
manning, victualing, and supplying of
the vessel of the Armed Forces.
Examples of a PIC include, but are not
limited to:
(1) A Commanding Officer, Officer in
Charge, or senior commissioned officer
on board the vessel;
(2) A civilian, military, or U.S. Coast
Guard person assigned to a shore
command or activity that has been
designated as the PIC for one or more
vessels, such as a group of boats or craft;
(3) A Tugmaster, Craftmaster,
Coxswain, or other senior enlisted
person onboard the vessel;
(4) A licensed civilian mariner
onboard a Military Sealift Command
vessel; or
(5) A contracted commercial person at
a shore installation that is not part of the
Armed Forces but as identified by the
U.S. Department of Defense or the
Department in which the U.S. Coast
Guard is operating.
*
*
*
*
*
Toxic materials means any toxic
pollutant identified in 40 CFR 401.15.
*
*
*
*
*
Waters subject to UNDS means the
navigable waters of the United States,
including the territorial seas and the
waters of the contiguous zone, as these
terms are defined in the Clean Water
Act (33 U.S.C. 1362).
■ 4. Revise subpart D to read as follows:
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3183
Subpart D—Marine Pollution Control Device
(MPCD) Performance Standards
Sec.
1700.14 Aqueous film-forming foam.
1700.15 [Reserved]
1700.16 Chain locker effluent.
1700.17–1700.21 [Reserved]
1700.22 Distillation and reverse osmosis
brine.
1700.23 Elevator pit effluent.
1700.24 [Reserved]
1700.25 Gas turbine water wash.
1700.26–1700.28 [Reserved]
1700.29 Non-oily machinery wastewater.
1700.30 Photographic laboratory drains.
1700.31 Seawater cooling overboard
discharge.
1700.32 Seawater piping biofouling
prevention.
1700.33 Small boat engine wet exhaust.
1700.34–1700.37 [Reserved]
1700.38 Welldeck discharges.
1700.39 Exceptions.
1700.40 Commingling of discharges.
1700.41 Records.
1700.42 Non-compliance reports.
Subpart D—Marine Pollution Control
Device (MPCD) Performance Standards
§ 1700.14
Aqueous film-forming foam.
(a) For the purposes of this section,
regulated aqueous film-forming foam
(AFFF) refers only to firefighting foam
and seawater mixture discharged during
training, testing, or maintenance
operations.
(b) For all vessels that sail seaward of
waters subject to UNDS at least once per
month, the discharge of AFFF is
prohibited.
(c) For all vessels that do not sail
seaward of waters subject to UNDS at
least once per month:
(1) The discharge of fluorinated AFFF
is prohibited; and
(2) The discharges of non-fluorinated
or alternative foaming agent are
prohibited in port or in or near
federally-protected waters, and must
occur as far from shore as possible.
§ 1700.15
[Reserved]
§ 1700.16
Chain locker effluent.
(a) For all vessels, except submarines,
the anchor chain must be carefully and
thoroughly washed down (i.e., more
than a cursory rinse) as it is being
hauled out of the water to remove
sediment and organisms.
(b) For all vessels, the chain lockers
must be cleaned periodically to
eliminate accumulated sediments and
any potential accompanying pollutants.
The dates of all chain locker inspections
must be recorded in the ship’s log or
other vessel recordkeeping
documentation.
(c) For all vessels that sail seaward of
waters subject to UNDS at least once per
month, the rinsing or pumping out of
chain lockers is prohibited.
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(d) For all vessels that do not sail
seaward of waters subject to UNDS at
least once per month, the rinsing or
pumping out of chain lockers must
occur as far from shore as possible and,
if technically feasible, the rinsing or
pumping out of chain lockers must not
occur in federally-protected waters.
§§ 1700.17–1700.21
§ 1700.22
brine.
[Reserved]
Distillation and reverse osmosis
The discharge of brine from the
distillation system and the discharge of
reverse osmosis reject water are
prohibited if they come in contact with
machinery or industrial equipment
(other than distillation or reverse
osmosis machinery), toxic or hazardous
materials, or wastes.
§ 1700.23
Elevator pit effluent.
(a) The direct discharge of elevator pit
effluent is prohibited.
(b) Notwithstanding the prohibition of
direct discharges of elevator pit effluent
overboard, if the elevator pit effluent is
commingled with any other discharge
for the purposes of treatment prior to
discharge, then under no circumstances
may oils, including oily mixtures, be
discharged from that combined
discharge in quantities that:
(1) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines; or
(2) Cause a sludge or emulsion to be
deposited beneath the surface of the
water or upon adjoining shorelines; or
(3) Contain an oil content above 15
ppm as measured by EPA Method 1664a
or other appropriate method for
determination of oil content as accepted
by the International Maritime
Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard; or
(4) Otherwise are harmful to the
public health or welfare of the United
States.
[Reserved]
§ 1700.25
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§ 1700.24
Gas turbine water wash.
(a) The direct discharge of gas turbine
water wash is prohibited.
(b) To the greatest extent practicable,
gas turbine water wash must be
collected separately and disposed of
onshore in accordance with any
applicable solid waste and hazardous
substance management and disposal
requirements.
(c) Notwithstanding the prohibition of
direct discharges of gas turbine water
wash overboard, if the gas turbine water
wash is commingled with any other
discharge for the purposes of treatment
prior to discharge then under no
circumstances may oils, including oily
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mixtures be discharged from that
combined discharge in quantities that:
(1) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines; or
(2) Cause a sludge or emulsion to be
deposited beneath the surface of the
water or upon adjoining shorelines; or
(3) Contain an oil content above 15
ppm as measured by EPA Method 1664a
or other appropriate method for
determination of oil content as accepted
by the International Maritime
Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard; or
(4) Otherwise are harmful to the
public health or welfare of the United
States.
§§ 1700.26–1700.28
§ 1700.29
[Reserved]
Non-oily machinery wastewater.
The discharge of non-oily machinery
wastewater must not contain any
additives that are toxic or
bioaccumulative in nature, and under
no circumstances may oils, including
oily mixtures, be discharged in
quantities that:
(a) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines; or
(b) Cause a sludge or emulsion to be
deposited beneath the surface of the
water or upon adjoining shorelines; or
(c) Contain an oil content above 15
ppm as measured by EPA Method 1664a
or other appropriate method for
determination of oil content as accepted
by the International Maritime
Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard; or
(d) Otherwise are harmful to the
public health or welfare of the United
States.
§ 1700.30
Photographic laboratory drains.
The discharge of photographic
laboratory drains is prohibited.
§ 1700.31 Seawater cooling overboard
discharge.
(a) For discharges from vessels that
are less than 79 feet in length:
(1) To the greatest extent practicable,
minimize non-contact engine cooling
water, hydraulic system cooling water,
refrigeration cooling water and other
seawater cooling overboard discharges
when the vessel is in port.
(2) To reduce the production and
discharge of seawater cooling overboard
discharge, the vessel should use shore
based power when in port if:
(i) Shore power is readily available for
the vessel from utilities or port
authorities; and
(ii) Shore based power supply systems
are capable of providing all needed
electricity required for vessel
operations; and
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(iii) The vessel is equipped to connect
to shore-based power and such systems
are compatible with the available shore
power.
(3) Fouling organisms must be
removed from seawater piping on a
regular basis. The discharge of fouling
organisms removed during cleanings is
prohibited.
(b) For discharges from vessels that
are greater than or equal to 79 feet in
length:
(1) To the greatest extent practicable,
minimize non-contact engine cooling
water, hydraulic system cooling water,
refrigeration cooling water and other
seawater cooling overboard discharges
when the vessel is in port.
(2) To reduce the production and
discharge of seawater cooling overboard
discharge, the vessel should use shore
based power when in port if:
(i) Shore power is readily available for
the vessel from utilities or port
authorities; and
(ii) Shore based power supply systems
are capable of providing all needed
electricity required for vessel
operations; and
(iii) The vessel is equipped to connect
to shore-based power and such systems
are compatible with the available shore
power.
(3) Maintenance of all piping and
seawater cooling systems must meet the
requirements of § 1700.32 (Seawater
Piping Biofouling Prevention). For all
vessels, except submarines, fouling
organisms removed during maintenance
must not be discharged.
§ 1700.32 Seawater piping biofouling
prevention.
(a) Seawater piping biofouling
chemicals subject to registration under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136
et seq.) must be used in accordance with
the FIFRA label. Pesticides or chemicals
banned for use in the United States
must not be discharged.
(b) To the greatest extent practicable,
only the minimum amount of biofouling
chemicals must be used to keep fouling
under control.
(c) Fouling organisms must be
removed from seawater piping on a
regular basis. For all vessels, except
submarines, the discharge of fouling
organisms removed during cleanings is
prohibited.
§ 1700.33
Small boat engine wet exhaust.
(a) For the purposes of this section
small boat engine wet exhaust
discharges refers only to discharges
from vessels that are less than 79 feet in
length.
(b) Vessels generating small boat
engine wet exhaust must be maintained
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in good operating order, well-tuned, and
functioning according to manufacturer
specifications, in order to decrease
pollutant concentrations and volumes in
small boat engine wet exhaust.
(c) To the greatest extent practicable,
low sulfur or alternative fuels must be
used to reduce the concentration of
pollutants in discharges from small boat
engine wet exhaust.
(d) To the greatest extent practicable,
use four-stroke engines instead of twostroke engines for vessels generating
small boat engine wet exhaust.
(e) Vessels using two-stroke engines
must use environmentally acceptable
lubricants unless use of such lubricants
is technologically infeasible. If
technologically infeasible, the use and
justification for the use of a nonenvironmentally acceptable lubricant
must be recorded in the vessel
recordkeeping documentation.
§§ 1700.34–1700.37
§ 1700.38
[Reserved]
Welldeck discharges.
sradovich on DSK3GMQ082PROD with RULES
Exceptions.
(a) Notwithstanding each of the MPCD
performance standards established in
this Part, a vessel of the Armed Forces
is authorized to discharge, into waters
subject to UNDS, when the PIC or their
designated representative determines
that such discharge is necessary to
prevent loss of life, personal injury,
vessel endangerment, or severe damage
to the vessel.
(b) A vessel of the Armed Forces must
maintain the following records for all
VerDate Sep<11>2014
15:58 Jan 10, 2017
Jkt 241001
§ 1700.40
Commingling of discharges.
If two or more regulated discharge
streams are combined into one, the
resulting discharge stream must meet
the requirements applicable to all
discharge streams that are combined
prior to discharge.
§ 1700.41
(a) Welldeck discharges that contain
graywater from smaller vessels are
prohibited.
(b) Welldeck discharges containing
washdown from gas turbine engines are
prohibited within three miles of the
United States and to the greatest extent
practicable must be discharged seaward
of waters subject to UNDS.
(c) Welldeck discharges from
equipment and vehicle washdowns
must not contain garbage and must not
contain oil in quantities that:
(1) Cause a film or sheen upon or
discoloration of the surface of the water
or adjoining shorelines; or
(2) Cause a sludge or emulsion to be
deposited beneath the surface of the
water or upon adjoining shorelines; or
(3) Contain an oil content above 15
ppm as measured by EPA Method 1664a
or other appropriate method for
determination of oil content as accepted
by the International Maritime
Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard; or
(4) Otherwise are harmful to the
public health or welfare of the United
States.
§ 1700.39
discharges under paragraph (a) of this
section:
(1) Name and title of the PIC who
determined the necessity of the
discharge;
(2) Date, location, and estimated
volume of the discharge;
(3) Explanation of the reason the
discharge occurred; and
(4) Actions taken to avoid, minimize,
or otherwise mitigate the discharge.
(c) All records prepared under
paragraph (b) of this section must be
maintained in accordance with
§ 1700.41.
Records.
Frm 00055
Fmt 4700
request. Any information made
available upon request must be
appropriately classified, as applicable,
and handled in accordance with
applicable legal requirements regarding
national security.
§ 1700.42
Non-compliance reports.
The PIC must report any noncompliance, including the information
as required under § 1700.41, to the
Armed Service’s designated office in
writing and/or electronically within five
days of the time the PIC becomes aware
of the circumstances.
[FR Doc. 2017–00153 Filed 1–10–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 98
[Docket No. 2016–22986]
(a) All records must be generated and
maintained in the ship’s logs (main,
engineering, and/or damage control) or
an UNDS Record Book and must
include the following information:
(1) Vessel owner information (e.g.,
U.S. Navy, U.S. Coast Guard);
(2) Vessel name and class; and
(3) Name of the PIC.
(b) The PIC must maintain complete
records of the following information:
(1) Any inspection or recordkeeping
requirement as specified in §§ 1700.14
through 1700.38;
(2) Any instance of an exception and
the associated recordkeeping
requirements as specified in § 1700.39;
and
(3) Any instance of non-compliance
with any of the performance standards
as specified in §§ 1700.14 through
1700.38. The information recorded must
include the following:
(i) Description of any non-compliance
and its cause;
(ii) Date of non-compliance;
(iii) Period of non-compliance (time
and duration);
(iv) Location of the vessel during noncompliance;
(v) Corrective action taken;
(vi) Steps taken or planned to reduce,
eliminate, and prevent non-compliance
in the future; and
(vii) If the non-compliance has not
been corrected, an estimate of the time
the non-compliance is expected to
continue.
(c) All records prepared under this
section must be maintained for a period
of five years from the date they are
created. The information in this
paragraph will be available to the EPA,
states, or the U.S. Coast Guard upon
PO 00000
3185
Sfmt 4700
RIN 0970–AC67
Child Care and Development Fund
(CCDF) Program; Correction
Office of Child Care (OCC),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Correcting amendment.
AGENCY:
The Department of Health and
Human Services published a final rule
in the Federal Register on September
30, 2016 that revised regulations for the
Child Care and Development Fund
(CCDF) program. The final rule
inadvertently included incorrect
numbering of two paragraphs. This
document corrects the numbering of
those two paragraphs.
DATES: Effective on January 11, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Williams, Office of Child Care,
at 202–401–4795 (not a toll-free call).
Deaf and hearing impaired individuals
may call the Federal Dual Party Relay
Services at 1–800–877–8339 between 8
a.m. and 7 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION: The
Department of Health and Human
Services published a final rule in the
Federal Register on September 30, 2016
(81 FR 67438) that revised regulations
for the Child Care and Development
Fund (CCDF) program based on the
Child Care and Development Block
Grant Act of 2014. The final rule
inadvertently included incorrect
numbering of two paragraphs in 45 CFR
98.83(d)(1) regarding requirements for
tribal CCDF programs. This document
corrects the final regulations by revising
this section.
SUMMARY:
E:\FR\FM\11JAR1.SGM
11JAR1
Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3173-3185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00153]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF DEFENSE
40 CFR Part 1700
[EPA-HQ-OW-2013-0469; FRL-9957-85-OW]
RIN 2040-AD39
Uniform National Discharge Standards for Vessels of the Armed
Forces--Phase II Batch One
AGENCY: Environmental Protection Agency and Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) and the U.S.
Department of Defense (DoD) are promulgating discharge performance
standards for 11 discharges incidental to the normal operation of a
vessel of the Armed Forces into the navigable waters of the United
States, the territorial seas, and the contiguous zone. When
implemented, the discharge performance standards will reduce the
adverse environmental impacts associated with the vessel discharges,
stimulate the development of improved vessel pollution control devices,
and advance the development of environmentally sound vessels of the
Armed Forces. The 11 discharges addressed by the final rule are the
following: aqueous film-forming foam (AFFF), 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
welldeck discharges.
DATES: This final rule is effective on February 10, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-HQ-OW-2013-0469. All documents in the docket are listed
on the https://regulations.gov Web site. The complete public record for
this rulemaking, including responses to comments received during the
rulemaking, can be found under Docket No. EPA-HQ-OW-2013-0469.
FOR FURTHER INFORMATION CONTACT: Katherine B. Weiler, Marine Pollution
Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; (202) 566-1280; weiler.katherine@epa.gov, or Mike
Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm 2D253),
Washington, DC 20350-2000; (703) 695-5184; mike.pletke@navy.mil.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Legal Authority for the Final Rule
B. Purpose of the Final Rule
C. What vessels are regulated by the final rule?
D. What is the geographic scope of the final rule?
E. Rulemaking Process
F. Summary of Public Outreach and Consultation With Federal
Agencies, States, Territories, and Tribes
G. Supporting Documentation
II. UNDS Performance Standards Development
A. Nature of the Discharge
[[Page 3174]]
B. Environmental Effects
C. Cost, Practicability, and Operational Impacts
D. Applicable U.S. and International Law
E. Definitions
III. UNDS Performance Standards
A. Aqueous Film-Forming Foam
B. Chain Locker Effluent
C. Distillation and Reverse Osmosis Brine
D. Elevator Pit Effluent
E. Gas Turbine Water Wash
F. Non-Oily Machinery Wastewater
G. Photographic Laboratory Drains
H. Seawater Cooling Overboard Discharge
I. Seawater Piping Biofouling Prevention
J. Small Boat Engine Wet Exhaust
K. Welldeck Discharges
IV. Additional Information in the Final Rule
V. Key Changes and Improvements Since the Proposed Rule
A. Public Comment
B. Endangered Species Act (ESA) Consultation
C. Coastal Zone Management Act (CZMA) Consistency Determination
D. Development of Performance Standards in Batches
E. Revisions to Definitions and Standards
VI. Related Acts of Congress and Executive Orders
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Coastal Zone Management Act
H. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act
K. Endangered Species Act
L. Executive Order 13112: Invasive Species
M. Executive Order 13089: Coral Reef Protection
N. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
O. Congressional Review Act
I. General Information
A. Legal Authority for the Final Rule
The EPA and DoD promulgate this rule under the authority of Clean
Water Act (CWA) section 312 (33 U.S.C. 1322). Section 325 of the
National Defense Authorization Act of 1996 (``NDAA''), entitled
``Discharges from Vessels of the Armed Forces'' (Pub. L. 104-106, 110
Stat. 254), amended CWA section 312, to require the Administrator of
the U.S. Environmental Protection Agency (Administrator) and the
Secretary of Defense of the U.S. Department of Defense (Secretary) to
develop uniform national standards to control certain discharges
incidental to the normal operation of a vessel of the Armed Forces. The
term Uniform National Discharge Standards, or UNDS, is used in this
preamble to refer to the provisions in CWA section 312(a)(12) through
(14) and (n) (33 U.S.C. 1322(a)(12) through (14) and (n)).
B. Purpose of the Final Rule
UNDS are intended to enhance the operational flexibility of vessels
of the Armed Forces domestically and internationally, stimulate the
development of innovative vessel pollution control technology, and
advance the development of environmentally sound ships. Section
312(n)(3)(A) of the CWA requires the EPA and DoD to promulgate uniform
national discharge standards for certain discharges incidental to the
normal operation of a vessel of the Armed Forces (CWA section
312(a)(12)), unless the Secretary finds that compliance with UNDS would
not be in the national security interests of the United States (CWA
section 312(n)(1)).
This rule amends title 40 Code of Federal Regulations (CFR) part
1700 to establish discharge performance standards for 11 discharges
incidental to the normal operation of a vessel of the Armed Forces from
among the 25 discharges for which the EPA and DoD previously determined
(64 FR 25126, May 10, 1999) that it is reasonable and practicable to
require a marine pollution control device (MPCD). The 11 discharges
addressed by this rule are the following: 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 welldeck discharges.
These discharge performance standards do not become enforceable
until after promulgation of a final rule, as well as promulgation of
regulations by DoD under CWA section 312(n)(5)(C) to govern the design,
construction, installation, and use of a MPCD.
UNDS do not apply to the following discharges from vessels of the
Armed Forces: Overboard discharges of rubbish, trash, garbage, or other
such materials; sewage; air emissions resulting from the operation of a
vessel propulsion system, motor-driven equipment, or incinerator; or
discharges that require permitting under the National Pollutant
Discharge Elimination System (NPDES) program, including operational
discharges and other discharges that are not incidental to the normal
operation of a vessel of the Armed Forces.
C. What vessels are regulated by the final rule?
The final rule applies to vessels of the Armed Forces. For the
purposes of the rulemaking, the term ``vessel of the Armed Forces'' is
defined at CWA section 312(a)(14). ``Vessel of the Armed Forces'' means
any vessel owned or operated by the U.S. Department of Defense (i.e.,
U.S. Navy, Military Sealift Command, U.S. Marine Corps, U.S. Army, and
U.S. Air Force), other than a time- or voyage-chartered vessel, as well
as any U.S. Coast Guard vessel designated by the Secretary of the
Department in which the U.S. Coast Guard is operating. The preceding
list is not intended to be exhaustive, but rather provides a guide for
the reader regarding the vessels of the Armed Forces to be regulated by
the final rule. The final rule does not apply to commercial vessels;
private vessels; vessels owned or operated by state, local, or tribal
governments; vessels under the jurisdiction of the U.S. Army Corps of
Engineers; certain vessels under the jurisdiction of the U.S.
Department of Transportation; vessels preserved as memorials and
museums; vessels under construction; vessels in drydock; amphibious
vehicles; and, as noted above, time- or voyage-chartered vessels. For
answers to questions regarding the applicability of this action to a
particular vessel, consult one of the contacts listed in the FOR
FURTHER INFORMATION CONTACT section.
D. What is the geographic scope of the final rule?
This rule is applicable to discharges from a vessel of the Armed
Forces operating in the navigable waters of the United States,
territorial seas, and the contiguous zone (CWA section 1322(n)(8)(A)).
The rule applies in both fresh and marine waters and can include bodies
of water such as rivers, lakes, and oceans. Together, the preamble
refers to these waters as ``waters subject to UNDS.''
Sections 502(7), 502(8), and 502(9) of the CWA define the term
``navigable waters,'' ``territorial seas,'' and ``contiguous zone,''
respectively. The term ``navigable waters'' means waters of the United
States including the territorial seas, where the United States includes
the states, the District of Columbia, the Commonwealth of Puerto
[[Page 3175]]
Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and the Trust Territories of the
Pacific Islands. The term ``territorial seas'' means the belt of seas
that generally extends three miles seaward from the line of ordinary
low water along the portion of the coast in direct contact with the
open sea and the line marking the seaward limit of inland waters. The
term ``contiguous zone'' means the entire zone established or to be
established by the United States under Article 24 of the Convention of
the Territorial Sea and the Contiguous Zone. Generally, the contiguous
zone extends seaward for the next nine miles (i.e., from three to 12
miles from the U.S. coastline). The final rule is not applicable
seaward of the contiguous zone.
E. Rulemaking Process
The UNDS rulemaking is a joint rulemaking between the EPA and DoD
and is under development in three phases. The first two phases reflect
joint rulemaking between the EPA and DoD; the third phase is a DoD-only
rule.
Phase I
The EPA and DoD promulgated the Phase I regulations on May 10, 1999
(64 FR 25126), and these existing regulations are codified at 40 CFR
part 1700. During Phase I, the EPA and DoD identified the discharges
incidental to the normal operation of a vessel of the Armed Forces for
which it is reasonable and practicable to require control with a MPCD
to mitigate potential adverse impacts on the marine environment (CWA
section 312(n)(2)), as well as those discharges for which it is not.
Section 312(a)(13) of the CWA defines a MPCD as any equipment or
management practice, for installation or use on a vessel of the Armed
Forces, that is designed to receive, retain, treat, control, or
discharge a discharge incidental to the normal operation of a vessel;
and determined by the Administrator and the Secretary to be the most
effective equipment or management practice to reduce the environmental
impacts of the discharge consistent with the considerations set forth
by UNDS.
During Phase I, the EPA and DoD identified the following 25
discharges as requiring control with a MPCD: Aqueous film-forming foam;
catapult water brake tank and post-launch retraction exhaust; chain
locker effluent; clean ballast; compensated fuel ballast; controllable
pitch propeller hydraulic fluid; deck runoff; dirty ballast;
distillation and reverse osmosis brine; elevator pit effluent; firemain
systems; gas turbine water wash; graywater; hull coating leachate;
motor gasoline and compensating discharge; non-oily machinery
wastewater; photographic laboratory drains; seawater cooling overboard
discharge; seawater piping biofouling prevention; small boat engine wet
exhaust; sonar dome discharge; submarine bilgewater; surface vessel
bilgewater/oil-water separator effluent; underwater ship husbandry; and
welldeck discharges (40 CFR 1700.4).
During Phase I, the EPA and DoD identified the following 14
discharges as not requiring control with a MPCD: Boiler blowdown;
catapult wet accumulator discharge; cathodic protection; freshwater
layup; mine countermeasures equipment lubrication; portable damage
control drain pump discharge; portable damage control drain pump wet
exhaust; refrigeration/air conditioning condensate; rudder bearing
lubrication; steam condensate; stern tube seals and underwater bearing
lubrication; submarine acoustic countermeasures launcher discharge;
submarine emergency diesel engine wet exhaust; and submarine outboard
equipment grease and external hydraulics.
As of the effective date of the Phase I rule (June 9, 1999),
neither states nor political subdivisions of states may adopt or
enforce any state or local statutes or regulations with respect to the
14 discharges that were identified as not requiring control, except to
establish no-discharge zones (CWA sections 312(n)(6)(A) and 312(n)(7)).
However, section 312(n)(5)(D) of the CWA authorizes a Governor of any
state to submit a petition to the EPA and DoD and requesting the re-
evaluation of a prior determination that a MPCD is required for a
particular discharge (40 CFR 1700.4) or that a MPCD is not required for
a particular discharge (40 CFR 1700.5), if there is significant new
information not considered previously, that could reasonably result in
a change to the determination (CWA section 312(n)(5)(D) and 40 CFR
1700.11).
Phase II
Section 312(n)(3) of the CWA provides for Phase II and requires the
EPA and DoD to develop federal discharge performance standards for each
of the 25 discharges identified in Phase I as requiring control. In
doing so, the EPA and DoD are required to consult with the Department
in which the U.S. Coast Guard is operating, the Secretary of Commerce,
interested states, the Secretary of State, and other interested federal
agencies. In promulgating Phase II discharge performance standards, CWA
section 312(n)(2)(B) directs the EPA and DoD to consider seven factors:
The nature of the discharge; the environmental effects of the
discharge; the practicability of using the MPCD; the effect that
installation or use of the MPCD would have on the operation or the
operational capability of the vessel; applicable U.S. law; applicable
international standards; and the economic costs of installation and use
of the MPCD. Section 312(n)(3)(C) of the CWA further provides that the
EPA and DoD may establish discharge standards that (1) distinguish
among classes, types, and sizes of vessels; (2) distinguish between new
and existing vessels; and (3) provide for a waiver of applicability of
standards as necessary or appropriate to a particular class, type, age,
or size of vessel.
The EPA and DoD developed a process to establish the Phase II
discharge performance standards in three batches (three separate
rulemakings). The first batch of discharge performance standards was
proposed on February 3, 2014 (79 FR 6117) and addressed 11 of the 25
discharges identified as requiring control (64 FR 25126). A notice of
proposed rulemaking for the second batch of discharge performance
standards was published on October 7, 2016 (81 FR 69753) and addressed
11 additional discharges identified as requiring control (64 FR 25126).
The third batch of discharge performance standards that will address
the remaining three discharges will be proposed in a separate rule.
In developing the Phase II discharge performance standards, the EPA
and DoD reference the 2013 NPDES Vessel General Permit and the 2014
NPDES Small Vessel General Permit (hereinafter referred to collectively
as the NPDES VGPs) as the baseline for each comparable discharge
incidental to the normal operation of a vessel of the Armed Forces (78
FR 21938, April 12, 2013 and 79 FR 53702, September 10, 2014). The
NPDES VGPs provide for CWA authorization of discharges incidental to
the normal operation of non-military and non-recreational vessels
extending to the outer reach of the three-mile territorial sea as
defined in CWA section 502(8). The NPDES VGPs include effluent limits
that are based on both the technology available to treat pollutants
(i.e., technology-based effluent limitations), and limits that would be
protective of the designated uses of the receiving waters (i.e., water
quality-based effluent limits), including both non-numeric and numeric
limitations. Additional information on NPDES permitting can
[[Page 3176]]
be found on-line at https://www.epa.gov/npdes/.
Using the NPDES VGPs as a baseline for developing the performance
standards for discharges incidental to the normal operation of a vessel
of the Armed Forces allowed the EPA and DoD to maximize the use of the
EPA's scientific and technical work developed to support the NPDES
VGPs. The NPDES VGPs technology-based and water quality-based effluent
limitations were then adapted, as appropriate, for the relevant
discharges from vessels of the Armed Forces.
Phase III
Phase III of UNDS requires DoD, in consultation with the EPA and
the Secretary of the Department in which the U.S. Coast Guard is
operating, within one year of finalization of the Phase II standards,
to promulgate regulations governing the design, construction,
installation, and use of MPCDs necessary to meet the discharge
performance standards. DoD will implement the Phase III regulations
under the authority of the Secretary as a DoD publication. The Phase
III regulations will be publicly released and are expected to be made
available on the Defense Technical Information Center Web site: https://www.dtic.mil/whs/directives/. Similar to Phase II, Phase III will be
promulgated in three batches.
Following the effective date of regulations under Phase III, it
will be unlawful for a vessel of the Armed Forces to operate within
waters subject to UNDS if the vessel is not equipped with a MPCD that
meets the Phase II standards (CWA section 312 (n)(7)). It also will be
unlawful for a vessel of the Armed Forces to discharge a regulated UNDS
discharge into an UNDS no-discharge zone (i.e., waters where a
prohibition on a discharge has been established) (CWA section
312(n)(8)). Any person in violation of this requirement shall be liable
to a civil penalty of not more than $5,000 for each violation (CWA
section 312(j)). The Secretary of the Department in which the U.S.
Coast Guard is operating shall enforce these provisions and may utilize
law enforcement officers, EPA personnel and facilities, other federal
agencies, or the states to carry out these provisions. States may also
enforce these provisions (CWA section 312(k) and (n)(9)).
In addition, as of the effective date of the Phase III regulations,
neither a state nor political subdivision a of state may adopt or
enforce any state or local statute or regulation with respect to
discharges identified as requiring control, except to establish no-
discharge zones (CWA section 312(n)(6)). CWA section 312(n)(7) provides
for the establishment of no-discharge zones either (1) by state
prohibition after application and a determination by the EPA, or (2)
directly by EPA prohibition. The Phase I UNDS regulations established
the criteria and procedures for establishing UNDS no-discharge zones
(40 CFR 1700.9 and 40 CFR 1700.10).
If a state determines that the protection and enhancement of the
quality of some or all of its waters require greater environmental
protection, the state may prohibit one or more discharges incidental to
the normal operation of a vessel of the Armed Forces, whether treated
or not, into those waters (40 CFR 1700.9). A state prohibition does not
apply until after the Administrator determines that (1) the protection
and enhancement of the quality of the specified waters within the state
require a prohibition of the discharge into the waters; (2) adequate
facilities for the safe and sanitary removal of the discharge
incidental to the normal operation of a vessel are reasonably available
for the waters to which the prohibition would apply; and (3) the
prohibition will not have the effect of discriminating against a vessel
of the Armed Forces by reason of the ownership or operation by the
federal government, or the military function, of the vessel (40 CFR
1700.9(b)(2)).
Alternatively, a state may request that the EPA prohibit, by
regulation, the discharge of one or more discharges incidental to the
normal operation of a vessel of the Armed Forces, whether treated or
not, into specified waters within a state (40 CFR 1700.10). In this
case, the EPA would make a determination that the protection and
enhancement of the quality of the specified waters requires a
prohibition of the discharge. As with the application of a state
prohibition described above, the Administrator would need to determine
that (1) the protection and enhancement of the quality of the specified
waters within the state require a prohibition of the discharge into the
waters; (2) adequate facilities for the safe and sanitary removal of
the discharge incidental to the normal operation of a vessel are
reasonably available for the waters to which the prohibition would
apply; and (3) the prohibition will not have the effect of
discriminating against a vessel of the Armed Forces by reason of the
ownership or operation by the federal government, or the military
function, of the vessel (40 CFR 1700.9(b)(2)). The EPA may not,
however, disapprove a state application for this latter type of
prohibition for the sole reason that there are not adequate facilities
for the safe and sanitary removal of such discharges (CWA section
312(n)(7)(B)(ii) and 40 CFR 1700.10(b)).
The statute also requires the EPA and DoD to review the
determinations and standards every five years and, if necessary, to
revise them based on significant new information. Specifically, CWA
section 312(n)(5)(A) and (B) contain provisions for reviewing and
modifying both of the following determinations: (1) Whether control
should be required for a particular discharge, and (2) the substantive
standard of performance for a discharge for which control is required.
A Governor also may petition the Administrator and the Secretary to
review a UNDS determination or standard if there is significant new
information, not considered previously, that could reasonably result in
a change to the determination or standard (CWA section 312(n)(5)(D) and
40 CFR 1700.11).
F. Summary of Public Outreach and Consultation With Federal Agencies,
States, Territories, and Tribes
During the development of the rule, the EPA and DoD consulted with
other federal agencies, states, and tribes regarding the reduction of
adverse environmental impacts associated with discharges from vessels
of the Armed Forces; development of innovative vessel pollution control
technology; and advancement of environmentally sound vessels of the
Armed Forces. In addition, the EPA and DoD reviewed comments on the
NPDES VGPs.
G. Supporting Documentation
This rule is supported by ``Technical Development Document (TDD)
Phase I Uniform National Discharge Standards (UNDS) for Vessels of the
Armed Forces,'' the UNDS Phase I rules, the ``Final 2013 Vessel General
Permit for Discharges Incidental to the Normal Operation of Vessels
(VGP),'' the ``Vessel General Permit (VGP) Fact Sheet,'' the ``Final
Small Vessel General Permit for Discharges Incidental to the Normal
Operation of Vessels Less Than 79 Feet (sVGP),'' the ``Small Vessel
General Permit (sVGP) Fact Sheet,'' the ``Economics and Benefits
Analysis of the Final 2013 Vessel General Permit (VGP),'' the
``Economics and Benefits Analysis of the Final 2013 Small Vessel
General Permit (sVGP),'' the ``February 2014 Uniform National Discharge
Standards for Vessels of the Armed Forces--Phase II,'' the ``Report to
[[Page 3177]]
Congress: Study of Discharges Incidental to Normal Operation of
Commercial Fishing Vessels and Other Non-Recreational Vessels Less than
79 Feet,'' the ``Environmentally Acceptable Lubricants,'' the
``Biological Evaluation for the Uniform National Discharge Standards
(UNDS) Program Phase II Batch One,'' and the ``National Consistency
Determination: Uniform National Discharge Standards (UNDS) Program for
Phase II Batch One Discharges.'' These documents are available from the
EPA Water Docket, Docket No. EPA-HQ-OW-2013-0469 (Email: ow-docket@epa.gov; Phone Number: (202) 566-2426; Mail: Water Docket, Mail
Code: 2822-IT, 1200 Pennsylvania Avenue NW., Washington, DC 20460; or
Online: https://www.regulations.gov). The NPDES VGPs background
documents also are available online: https://www.epa.gov/npdes/vessels.
II. UNDS Performance Standards Development
During the development of the discharge performance standards, the
EPA and DoD analyzed the information from the Phase I of UNDS,
considered the relevant language in the NPDES VGPs effluent
limitations, and took into the consideration the seven statutory
factors listed in CWA section 312(n)(2)(B). These seven statutory
factors are: The nature of the discharge; the environmental effects of
the discharge; the practicability of using the MPCD; the effect that
installation or use of the MPCD would have on the operation or
operational capability of the vessel; applicable U.S. law; applicable
international standards; and the economic costs of the installation and
use of the MPCD. The EPA and DoD determined that the NPDES VGPs
effluent limitations, which include technology-based and water quality-
based effluent limitations, provide a sound basis to serve as a
baseline for developing the discharge performance standards for the 11
discharges in this rule. The subsections below outline the EPA and
DoD's approach to considering the seven statutory factors listed in CWA
section 312(n)(2)(B).
A. Nature of the Discharge
During Phase I, the EPA and DoD gathered information on the
discharges incidental to the normal operation of a vessel of the Armed
Forces and developed nature of the discharge reports. The nature of the
discharge reports discuss how the discharge is generated, volumes and
frequencies of the generated discharge, where the discharge occurs, and
the constituents present in the discharge. In addition, the EPA and DoD
reviewed relevant discharge information in the supporting documentation
of the NPDES VGPs. The EPA and DoD briefly describe the nature of each
of the 11 discharges below; however, the complete nature of the
discharge reports can be found in Appendix A of the Technical
Development Document--EPA 821-R-99-001.
B. Environmental Effects
Discharges incidental to the normal operation of a vessel of the
Armed Forces have the potential to negatively impact the aquatic
environment. The discharges contain a wide variety of constituents that
have the potential to negatively impact aquatic species and habitats.
These discharges can cause thermal pollution and can contain aquatic
nuisance species (ANS), nutrients, bacteria and pathogens (e.g., E.
coli and fecal coliforms), oil and grease, metals, most conventional
pollutants (e.g., organic matter, bicarbonate, and suspended solids),
and other toxic and non-conventional pollutants with toxic effects.
While it is unlikely that these discharges would cause an acute or
chronic exceedance of the EPA recommended water quality criteria across
a large water body, these discharges have the potential to cause
adverse environmental impacts on a more localized scale due to the end-
of-pipe nature of the discharges. For each of the 11 discharges below,
the EPA and DoD discuss the constituents of concern released into the
environment and potential water quality impacts. The discharge
performance standards will reduce the discharge of constituents of
concern and mitigate the environmental risks to the receiving waters.
C. Cost, Practicability, and Operational Impacts
The universe of vessels of the Armed Forces affected by the rule
encompasses more than 6,000 vessels distributed among the U.S. Navy,
Military Sealift Command, U.S. Coast Guard, U.S. Army, U.S. Marine
Corps, and U.S. Air Force. These vessels range in design and size from
small boats with lengths of less than 20 feet for coastal operations,
to aircraft carriers with lengths of over 1,000 feet for global
operations. Approximately 80 percent of the vessels of the Armed Forces
are less than 79 feet in length. Larger vessels (i.e., vessels with
length greater than or equal to 79 feet) comprise 20 percent of the
vessels of the Armed Forces. The EPA and DoD considered vessel class,
type, and size when developing the discharge standards, as not all
vessels of the Armed Forces have the same discharges. For more
information on the various vessel classes, characteristics, and
missions, see Appendix A.
The EPA and DoD assessed the relative costs, practicability, and
operational impacts of the rule by comparing current operating
conditions and practices of vessels of the Armed Forces with the
anticipated operating conditions and practices that will be required to
meet the discharge performance standards. The EPA and DoD determined
that the discharge performance standards applicable to operating
conditions and practices for the 11 discharges will only result in a
marginal increase in performance costs, practicability, and operational
impacts.
D. Applicable U.S. and International Law
The EPA and DoD reviewed U.S. laws and international standards that
would be relevant to discharges incidental to the normal operation of a
vessel of the Armed Forces. A number of U.S. environmental laws include
specific provisions for federal facilities and properties that may
result in different environmental requirements for federal and non-
federal entities. Similarly, many international treaties do not apply
to vessels of the Armed Forces either because vessels of the Armed
Forces are entitled to sovereign immunity under international law or
because any particular treaty may apply different approaches to the
adoption of appropriate environmental control measures consistent with
the objects and purposes of such treaties. The EPA and DoD incorporated
any relevant information in the development of the discharge standards
after reviewing the requirements of the following treaties and domestic
implementing legislation, as well as other relevant and potentially
applicable U.S. environmental laws: International Convention for the
Prevention of Pollution from Ships (also referred to as MARPOL);
International Convention on the Control of Harmful Anti-Fouling Systems
on Ships; Act to Prevent Pollution from Ships; CWA section 311, as
amended by the Oil Pollution Control Act of 1990; CWA section 402 and
the National Pollutant Discharge Elimination System Vessel General
Permit and small Vessel General Permit; Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA); Hazardous Materials Transportation Act;
Title X of the Coast Guard Authorization Act of 2010; National Marine
Sanctuaries Act; Antiquities Act of 1906; Resource Conservation and
Recovery Act; Toxic
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Substances Control Act; and the St. Lawrence Seaway Regulations.
E. Definitions
The EPA and DoD added UNDS definitions to 40 CFR part 1700.
Specifically, this rule defines the terms: Bioaccumulative;
biodegradable; environmentally acceptable lubricants; federally-
protected waters; hazardous material; minimally-toxic; not
bioaccumulative; person in charge; toxic materials; and waters subject
to UNDS.
III. UNDS Performance Standards
This section describes the performance standards determined to be
reasonable and practicable to mitigate the adverse impacts to the
marine environment for the 11 discharges. In developing these
standards, the EPA and DoD considered the information from Phase I of
UNDS, the NPDES VGPs effluent limitations, and the seven statutory
factors listed in CWA section 312(n)(2)(B). For more information on
each discharge included in this rule, please see the Phase I Uniform
National Discharge Standards for Vessels of the Armed Forces: Technical
Development Document; EPA 821-R-99-001.
The 11 discharge performance standards described in each section
below apply to vessels of the Armed Forces operating within waters
subject to UNDS, except as otherwise expressly excluded in the
``exceptions'' in 40 CFR 1700.39. In addition, if two or more regulated
discharge streams are combined prior to discharge, then the resulting
discharge would need to meet the discharge performance standards
applicable to each of the discharges that are being combined (40 CFR
1700.40). Furthermore, recordkeeping (40 CFR 1700.41) and non-
compliance reporting (40 CFR 1700.42) apply generally to each discharge
performance standard unless expressly provided in a particular
discharge performance standard.
A. Aqueous Film-Forming Foam
The EPA and DoD prohibit the discharge of AFFF (i.e., AFFF used
during training, testing, or maintenance operations) for vessels that
sail seaward of waters subject to UNDS at least once per month. For
vessels that do not sail seaward of waters subject to UNDS at least
once per month, discharges of fluorinated AFFF are prohibited and
discharges of non-fluorinated or alternative foaming agent are
prohibited in port or in or near federally-protected waters, and must
occur as far from shore as possible.
B. Chain Locker Effluent
The EPA and DoD require that all anchor chains from surface vessels
(submarines are not subject to this requirement) must be carefully and
thoroughly washed down (i.e., more than a cursory rinse) as they are
being hauled out of the water to remove sediment and organisms. The EPA
and DoD also require that all chain lockers must be cleaned
periodically to eliminate accumulated sediments and any potential
accompanying pollutants. The dates of all chain locker inspections must
be recorded in the ship's log or other vessel recordkeeping
documentation.
In addition, the EPA and DoD prohibit the rinsing or pumping out of
chain lockers for vessels that sail seaward of waters subject to UNDS
at least once per month. For vessels that do not sail seaward of waters
subject to UNDS at least once per month, the rinsing or pumping out of
chain lockers must occur as far from shore as possible and, if
technically feasible, must not occur in federally-protected waters.
C. Distillation and Reverse Osmosis Brine
The EPA and DoD prohibit the discharge of the distillation and
reverse osmosis brine and the discharge of reverse osmosis reject water
if it comes in contact with machinery or industrial equipment (other
than distillation or reverse osmosis machinery), toxic or hazardous
materials, or wastes.
D. Elevator Pit Effluent
The EPA and DoD prohibit the direct discharge of elevator pit
effluent. Notwithstanding the prohibition of direct discharges of
elevator pit effluent, elevator pit effluent can be discharged when
commingled with another discharge for the purposes of treatment prior
to discharge; under no circumstances may oils, including oily mixtures,
be discharged from that combined discharge in quantities that cause a
film or sheen upon or discoloration of the surface of the water or
adjoining shorelines, or cause a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines, or
contain an oil content above 15 ppm as measured by EPA Method 1664a or
other appropriate method for determination of oil content as accepted
by the International Maritime Organization (IMO) (e.g., International
Organization for Standardization (ISO) Method 9377) or U.S. Coast
Guard, or are otherwise harmful to the public health or welfare of the
United States.
E. Gas Turbine Water Wash
The EPA and DoD prohibit the direct discharge of gas turbine water
wash. To the greatest extent practicable, gas turbine water wash must
be collected separately and disposed of onshore in accordance with any
applicable solid waste and hazardous substance management and disposal
requirements. Notwithstanding the prohibition of direct discharges of
gas turbine water wash overboard, if gas turbine water wash is
commingled with any other discharge for the purposes of treatment prior
to discharge, then under no circumstances may oils, including oily
mixtures, be discharged from that combined discharge in quantities that
cause a film or sheen upon or discoloration of the surface of the water
or adjoining shorelines, or cause a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines, or
contain an oil content above 15 ppm as measured by EPA Method 1664a or
other appropriate method for determination of oil content as accepted
by the International Maritime Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard, or are otherwise harmful to the public
health or welfare of the United States.
F. Non-Oily Machinery Wastewater
The EPA and DoD require that discharges of non-oily machinery
wastewater must not contain any additives that are toxic or
bioaccumulative in nature. In addition, under no circumstances may
oils, including oily mixtures be discharged in quantities that cause a
film or sheen upon or discoloration of the surface of the water or
adjoining shorelines, or cause a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines, or
contain an oil content above 15 ppm as measured by EPA Method 1664a or
other appropriate method for determination of oil content as accepted
by the International Maritime Organization (IMO) (e.g., ISO Method
9377) or U.S. Coast Guard, or otherwise are harmful to the public
health or welfare of the United States.
G. Photographic Laboratory Drains
The EPA and DoD prohibit the discharge of photographic laboratory
drain effluent.
H. Seawater Cooling Overboard Discharge
The EPA and DoD require that non-contact engine cooling water,
hydraulic system cooling water, refrigeration cooling water, and other
seawater cooling overboard discharges be
[[Page 3179]]
minimized, to the greatest extent practicable, when the vessel is in
port. In addition, the standard provides for the reduction in
production and discharge of seawater cooling overboard by urging the
use of shore power in port if: (1) Shore power is readily available;
(2) shore-based power supply systems are capable of providing the
needed electricity; and (3) the vessel is equipped to connect to shore-
based power. Specifically, the EPA and DoD require that, for vessels
that are less than 79 feet in length, fouling organisms must be removed
from seawater piping on a regular basis and the discharge of such
removed organisms is prohibited. For vessels that are greater than or
equal to 79 feet in length, maintenance of all piping and seawater
cooling systems must meet the requirements of 40 CFR 1700.32 (Seawater
Piping Biofouling Prevention) and fouling organisms removed from
seawater piping must not be discharged. Submarines have suction
clearing procedures, which must be performed for vessel safety
purposes; therefore, submarines are not required to meet these
operational removal requirements.
I. Seawater Piping Biofouling Prevention
The EPA and DoD require a performance standard for seawater piping
biofouling prevention that minimizes, to the greatest extent
practicable, the amount of biofouling chemicals (e.g., chlorine) used
to keep fouling under control. Fouling organisms must be removed from
seawater piping on a regular basis. Fouling organisms removed during a
cleaning event are prohibited from being discharged. For all vessels,
except submarines, the discharge of fouling organisms removed during
cleanings is prohibited.
Lastly, this performance standard requires practices consistent
with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7
U.S.C. 136 et seq.) registration requirements for chemicals used to
control biofouling of seawater piping, and prohibits the discharge of
pesticides or chemicals banned for use in the United States.
J. Small Boat Engine Wet Exhaust
The EPA and DoD require that low sulfur or alternative fuels be
used to the greatest extent practicable. In addition, the performance
standard requires that, to the greatest extent practicable, four-stroke
engines be used instead of two-stroke engines. Vessels using two-stroke
engines are required to use environmentally acceptable lubricants
(found in the definitions for this term at 40 CFR 1700.3) unless such
use would be technologically infeasible. If technologically infeasible,
the use and justification for the use of a non-environmentally
acceptable lubricant must be recorded in the vessel recordkeeping
documentation.
K. Welldeck Discharges
The EPA and DoD prohibit welldeck discharges containing graywater
from smaller vessels. In addition, discharges containing washdown of
gas turbine engines within nautical miles of the United States is
prohibited and, to the greatest extent practicable, must be discharged
seaward of waters subject to UNDS. Welldeck discharges from equipment
and vehicle washdowns need to be free from garbage, and must not
contain oil in quantities that cause a film or sheen upon or
discoloration of the surface of the water or adjoining shorelines, or
cause a sludge or emulsion to be deposited beneath the surface of the
water or upon adjoining shorelines, or contain an oil content above 15
ppm as measured by EPA Method 1664a or other appropriate method for
determination of oil content as accepted by the International Maritime
Organization (IMO) (e.g., ISO Method 9377) or U.S. Coast Guard, or
otherwise are harmful to the public health or welfare of the United
States.
IV. Additional Information in the Final Rule
This section provides an overview of the additional amendments for
40 CFR part 1700. These changes include an amendment to subsections
referenced Effect (section 1700.2), a provision that authorizes certain
discharges notwithstanding the performance standards in situations
where vessel safety or lives are endangered (section 1700.39), a
provision that requires combined discharge streams to meet the
requirements applicable to all discharge streams that are combined
(section 1700.40), a requirement for recordkeeping (section 1700.41),
and a requirement to report instances of non-compliance with MPCD
performance standards (section 1700.42).
1. Amendment to Subsections Referenced in Section 1700.2 Effect
The EPA and DoD amend the reference sections noted in the Effect
Section 1700.2 (a) by amending ``Federal standards of performance for
each required Marine Pollution Control Device are listed in section
1700.14'' to ``Federal standards of performance for each required
Marine Pollution Control Device are listed in sections 1700.14 through
1700.38. Federal standards of performance apply to all vessels, whether
existing or new, and regardless of vessel class, type, or size, unless
otherwise expressly provided in sections 1700.14 through 1700.38.''
2. Reservation of Sections
As noted previously, the EPA and DoD are proposing the Phase II
standards in three batches. For the purpose of proposing the remaining
batches, this rule reserves the following sections for those future
rulemaking actions:
Section 1700.17 Clean Ballast;
Section 1700.18 Compensated Fuel Ballast;
Section 1700.21 Dirty Ballast;
3. Section 1700.39 Exceptions
The EPA and DoD add an ``Exceptions'' subsection at section
1700.39, which provides a place to identify certain excluded discharges
from the scope of UNDS, notwithstanding the performance standards, in
situations where vessel safety or lives are endangered. The section
also identifies requirements for maintaining records of all discharge
exceptions.
4. Section 1700.40 Commingling of Discharges
The EPA and DoD add a ``Commingling of Discharges'' subsection at
section 1700.40. By adding this subsection, the EPA and DoD stipulate
that if two or more regulated discharge streams are combined into one,
the resulting discharge stream must meet the requirements applicable to
all discharge streams that are combined prior to discharge unless
otherwise specified by the specific discharge standard.
5. Section 1700.41 Records
The EPA and DoD add a ``Records'' subsection at section 1700.41. By
adding this subsection, the EPA and DoD include recordkeeping
requirements that shall document all inspections, instances of non-
compliance, and instances of an exception.
6. Section 1700.42 Non-Compliance Reports
The EPA and DoD add a ``Non-Compliance Reports'' subsection at
section 1700.42. By adding this subsection, the EPA and DoD include
reporting requirements for any non-compliance with performance
standards prescribed for this Part.
V. Key Changes and Improvements Since the Proposed Rule
A. Public Comment
On February 3, 2014, the EPA and DoD published proposed discharge
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performance standards for the 11 discharges in Batch One. The proposed
rule established a public comment period of 60 days that closed on
April 4, 2014. The public had the option of submitting comments by
email, mail, hand delivery, or electronically via the Federal
eRulemaking Portal (www.regulations.gov). The public comments are
available for public viewing in the docket under Docket No. EPA-HQ-OW-
2013-0469.
The EPA and DoD consider the public comment period vital to
creating a rule that is effective at meeting regulatory standards and
also is readily understandable and useful to the public. The EPA and
DoD received one comment on the proposed rule regarding some of the
terms and definitions used in the UNDS Phase II Batch One Proposed
Rule. The comment noted that the definitions used in the UNDS proposed
rule were slightly different than the definitions used in the NPDES VGP
and could potentially cause confusion in production and sales of
certain goods, such as lubricants, that are widely used on both
commercial vessels and vessels of the Armed Forces. The EPA and DoD
agreed with the comment and incorporated changes to the following
definitions in Section 1700.3 of this final rule:
Aquatic Toxicity: The EPA and DoD define and use the term
``minimally-toxic,'' found in the final 2013 VGP, rather than the
``non-toxic'' terminology used in the UNDS Phase II Batch One proposed
rule.
Bioaccumulation: The proposed UNDS rule defines
``bioaccumulative'' as determined by test methods; this is not
consistent with the ``not bioaccumulative'' definition used in the 2013
VGP for lubricants. The 2013 VGP does not require bioaccumulation
testing of biodegradable portions of lubricants as, by definition, they
will not persist and accumulate in the environment. This final rule
revises the term ``bioaccumulative'' to be consistent with the final
2013 VGP.
Biodegradability: In the proposed rule, the EPA and DoD
proposed testing the biodegradability of mixtures. However, to increase
consistency with the terms and definitions found in the final 2013 VGP,
the EPA and DoD use the definition of biodegradability established in
the final 2013 VGP in place of the definition presented in the UNDS
Phase II Batch One proposed rule. The VGP does not require testing the
biodegradability of mixtures.
B. Endangered Species Act (ESA) Consultation
Pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) the
EPA and DoD consulted the U.S. Fish and Wildlife Service (FWS) and the
National Marine Fisheries Service (NMFS), collectively ``the
Services.'' The Biological Evaluation developed by the EPA and DoD
concluded that the issuance of the Batch One final rule for the Uniform
National Discharge Standards for Vessels of the Armed Forces--Phase II
is not likely to adversely affect listed or proposed species or
adversely modify designated or proposed critical habitat.
C. Coastal Zone Management Act (CZMA) Consistency Determination
Pursuant to Section 307 of the CZMA, the EPA and DoD have
determined that the performance standards are consistent to the maximum
extent practicable with the enforceable policies of federally-approved
coastal state and territory Coastal Management Plans (CMPs) for the
coastal zones including state waters where discharges from vessels of
the Armed Forces would be regulated by UNDS. Following proposal of the
Uniform National Discharge Standards for Vessels of the Armed Forces--
Phase II issued on February 3, 2014, the EPA and DoD provided 34 states
and territories with the EPA and DoD's August 2016 ``National
Consistency Determination: Uniform National Discharge Standards (UNDS)
Program for Phase II Batch One Discharges.''
D. Development of Performance Standards in Batches
The EPA and DoD are modifying the batch process. In the proposed
rule, the EPA and DoD indicated that Phase II--the establishment of
discharge performance standards--would be completed in two batches. The
EPA and DoD have since determined to develop the discharge performance
standards in three batches to allow for more time to collect and
incorporate additional information into the development of the
discharge performance standards.
E. Revisions to Definitions and Standards
The EPA and DoD are modifying the definitions and standards to make
them more clear and concise, in addition to changes made due to the
public and federal comments. The non-substantive changes made to the
definitions and standards are intended to clarify, simplify, and/or
improve understanding and readability of the discharge performance
standards. There are no technical changes to the definitions or
standards.
VI. Related Acts of Congress and Executive Orders
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden,
as the EPA and DoD have determined that Phase II of UNDS does not
create any additional collection of information beyond that already
mandated under the Phase I of UNDS. The Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations (40 CFR part 1700) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2040-0187. The OMB control numbers for
the EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
We certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action implements mandates specifically and
explicitly set forth in CWA section 312 without the exercise of any
policy discretion by the EPA.
E. Executive Order 13132: Federalism
The EPA and DoD concluded that the rule, once finalized in Phase
III, will have federalism implications. Once the discharge performance
standards are promulgated in Phase III by DoD, adoption and enforcement
of new or existing state or local regulations for the discharges will
be preempted.
Accordingly, the EPA and DoD provide the following federalism
[[Page 3181]]
summary impact statement. During Phase I of UNDS, the EPA and DoD
conducted two rounds of consultation meetings (i.e., outreach
briefings) to allow states and local officials to have meaningful and
timely input into the development of the rulemaking. Twenty-two states
accepted the offer to be briefed on UNDS and discuss state concerns.
The EPA and DoD provided clarification on the technical aspects of the
UNDS process, including preliminary discharge determinations and
analytical information supporting decisions to control or not control
discharges. State representatives were provided with discharge
summaries containing the description, analysis, and preliminary
determination of each of the 39 discharges from vessels of the Armed
Forces--25 of which were determined to require control.
During Phase II, the EPA and DoD consulted again with state
representatives early in the process of developing the regulation to
allow them to have meaningful and timely input into the development of
the discharge standards. On March 14, 2013, the EPA held a Federalism
consultation briefing in Washington, DC, which was attended by
representatives from the National Governors Association, the National
Conference of State Legislatures, the National League of Cities, the
National Association of Counties, the United States Conference of
Mayors, the County Executives of America, the Environmental Council of
States, the Association of Clean Water Administrators, two U.S. states
and one U.S. territory, in order to obtain meaningful and timely input
in the development of the proposed discharge standards. The EPA and DoD
informed the state representatives that the two agencies planned to use
the NPDES VGPs effluent limitations as a baseline for developing the
discharge performance standards for the 25 discharges identified in
Phase I as requiring control.
Pursuant to the terms of Executive Order 13132, as well as EPA
policy for implementing it, a federalism summary impact statement is
required to summarize not only the issues and concerns raised by state
and local government commenters during the course of the rule's
development, but also to describe how and the extent to which the
agencies addressed those concerns. No formal, substantive comments were
received from state and local government entities during the course of
developing this action.
As required by section 8(a) of Executive Order 13132, the EPA
included a certification from its Federalism Official stating that the
EPA had met the Executive Order's requirements in a meaningful and
timely manner. A copy of this certification is included in the public
version of the official record for this final action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implication as specified in
Executive Order 13175. The UNDS rulemaking will not impact vessels
operated by tribes because the rule only regulates discharges from
vessels of the Armed Forces. However, tribes may be interested in this
action because vessels of the Armed Forces, including U.S. Coast Guard
vessels, may operate in or near tribal waters. The EPA hosted a
National Teleconference on March 23, 2013, in order to obtain
meaningful and timely input during the development of the discharge
standards. The EPA and DoD informed the representatives that the two
agencies planned to use the NPDES VGPs effluent limitations as a
baseline for developing the discharge performance standards for the 25
discharges identified in Phase I as requiring control. During the
Tribal consultation period, the EPA and DoD did not receive any
substantive comments from the Indian Tribal Governments.
G. Coastal Zone Management Act
The Coastal Zone Management Act (CZMA) and its implementing
regulations (15 CFR part 930) require that any Federal agency activity
or Federally licensed or permitted activity occurring within (or
outside but affecting) the coastal zone of a state with an approved
Coastal Management Plan (CMP) be consistent with the enforceable
policies of that approved program to the maximum extent practicable.
According to the August 2016 ``National Consistency Determination:
Uniform National Discharge Standards (UNDS) Program for Phase II Batch
One Discharges,'' the EPA and DoD have determined that the performance
standards are consistent to the maximum extent practicable with the
enforceable policies of the 34 federally-approved state and territory
CMPs.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA and DoD do not believe the environmental health or
safety risks addressed by this action present a disproportionate risk
to children. The 11 discharge standards are designed to control
discharges incidental to the normal operation of a vessel of the Armed
Forces that could adversely affect human health and the environment.
The standards reduce the impacts to the receiving waters and any person
using the receiving waters, regardless of age.
I. Executive Order 13211: Actions That Concern Regulations That
Significantly Affect Energy Supply, Distribution, and Use
This action is not subject to Executive Order 13211, because is not
a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This action involves technical standards. The EPA and DoD propose
to use ISO Method 9377--determination of hydrocarbon oil index. ISO
Method 9377 is a voluntary consensus standard developed by an
independent, non-governmental international organization.
K. Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA) requires each
Federal agency, in consultation with and with the assistance of the
U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries
Service (NMFS), collectively ``the Services,'' to ensure that the
actions they authorize, fund, or carry out are not likely to adversely
affect the continued existence of any endangered or threatened species
(referred to as ``listed species'') or result in the destruction or
adverse modification of their designated critical habitats.
The Services have published regulations implementing ESA section 7
at 50 CFR part 402. The regulations provide that a federal agency (such
as the EPA and DoD) must consult with FWS, NMFS, or both if the agency
determines that an activity authorized, funded, or carried out by the
agency may affect listed species or critical habitat. The kinds of
effects that trigger the consultation obligation could include, among
other things, beneficial, detrimental, direct and indirect effects. The
EPA and DoD commenced discussion with the Services in November 2014.
The consultation process included multiple steps: Briefings with the
Services on the contents of the rulemaking, discussions
[[Page 3182]]
of the EPA and DoD's proposed outline and methodological approach,
information exchanges and requests on current species lists, rulemaking
schedule, and ultimately the submittal of a consultation package on
October 11, 2016.
L. Executive Order 13112: Invasive Species
Executive Order 13112, entitled ``Invasive Species'' (64 FR 6183,
February 8, 1999), requires each federal agency, whose actions may
affect the status of invasive species, to identify such actions, and,
subject to the availability of appropriations, use relevant programs
and authorities to, among other things, prevent, detect, control, and
monitor the introduction of invasive species. As defined by this
Executive Order, ``invasive species'' means an alien species whose
introduction causes, or is likely to cause, economic or environmental
harm or harm to human health.
As part of the environmental effects analyses, the EPA and DoD
considered the control of invasive species when developing the
discharge performance standards for all 11 discharges (See Section II).
M. Executive Order 13089: Coral Reef Protection
Executive Order 13089, entitled ``Coral Reef Protection'' (63 FR
32701, June 16, 1998), requires all federal agencies to identify
actions that may affect U.S. coral reef ecosystems; utilize their
programs and authorities to protect the conditions of such ecosystems;
and to the extent permitted by law, ensure that any actions they
authorize, fund, or carry out will not degrade the conditions of such
ecosystems. These discharge standards are designed to control or
eliminate the discharges incidental to the normal operation of vessels
of the Armed Forces, ultimately minimizing the potential for causing
adverse impacts to the marine environment including coral reefs.
N. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA and DoD believe that this action does not have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations and/or
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994). The discharge performance standards only apply to
vessels of the Armed Forces and ultimately increase environmental
protection.
O. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 1700
Environmental protection, Armed Forces, Vessels, Coastal zone,
Reporting and recordkeeping requirements, Water pollution control.
Dated: December 8, 2016.
Gina McCarthy,
Administrator, Environmental Protection Agency.
Dated: December 22, 2016.
Steven R. Iselin,
Acting Assistant Secretary of the Navy, Energy, Installations, and
Environment.
0
For the reasons stated in the preamble, title 40, chapter VII, of the
Code of Federal Regulations is amended as follows:
PART 1700--UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE
ARMED FORCES
0
1. The authority citation for 40 CFR part 1700 continues to read as
follows:
Authority: 33 U.S.C. 1322, 1361.
Subpart A--Scope
0
2. Amend Sec. 1700.2 by revising paragraph (a) to read as follows:
Sec. 1700.2 Effect.
(a) This part identifies those discharges, other than sewage,
incidental to the normal operation of vessels of the Armed Forces that
require control within the navigable waters of the United States,
including the territorial seas and the waters of the contiguous zone,
and those discharges that do not require control. Discharges requiring
control are identified in Sec. 1700.4. Discharges not requiring
control are identified in Sec. 1700.5. Federal standards of
performance for each required Marine Pollution Control Device are
listed in Sec. Sec. 1700.14 through 1700.38. Federal standards of
performance apply to all vessels, whether existing or new, and
regardless of vessel class, type, or size, unless otherwise expressly
provided in Sec. Sec. 1700.14 through 1700.38.
* * * * *
0
3. Amend Sec. 1700.3 by adding in alphabetical order definitions for
``Bioaccumulative'', ``Biodegradable'', ``Environmentally acceptable
lubricants'', ``Federally-protected waters'', ``Hazardous material'',
``Minimally-toxic'', ``Not bioaccumulative'', ``Person in charge'',
``Toxic materials'', and ``Waters subject to UNDS'', to read as
follows:
Sec. 1700.3 Definitions.
* * * * *
Bioaccumulative means the opposite of not bioaccumulative.
Biodegradable means the following for purposes of the standards:
(1) Regarding environmentally acceptable lubricants and greases,
biodegradable means lubricant formulations that contain at least 90%
(weight in weight concentration or w/w) or grease formulations that
contain at least 75% (w/w) of a constituent substance or constituent
substances (only stated substances present above 0.10% must be
assessed) that each demonstrate either the removal of at least 70% of
dissolved organic carbon, production of at least 60% of the theoretical
carbon dioxide, or consumption of at least 60% of the theoretical
oxygen demand within 28 days. Test methods include: Organization for
Economic Co-operation and Development Test Guidelines 301 A-F, 306, and
310, ASTM 5864, ASTM D-7373, OCSPP Harmonized Guideline 835.3110, and
International Organization for Standardization 14593:1999. For
lubricant formulations, the 10% (w/w) of the formulation that need not
meet the above biodegradability requirements, up to 5% (w/w) may be
non-biodegradable, but not bioaccumulative, while the remaining 5-10%
must be inherently biodegradable. For grease formulations, the 25% (w/
w) of the formulation that need not meet the above biodegradability
requirement, the constituent substances may be either inherently
biodegradable or non-biodegradable, but may not be bioaccumulative.
Test methods to demonstrate inherent biodegradability include: OECD
Test Guidelines 302C (>70% biodegradation after 28 days) or OECD Test
Guidelines 301 A-F (>20% but <60% biodegradation after 28 days).
(2) Regarding cleaning products, biodegradable means products that
demonstrate either the removal of at least 70% of dissolved organic
carbon, production of at least 60% of the theoretical carbon dioxide,
or consumption of at least 60% of the theoretical oxygen demand within
28 days. Test methods include: Organization for Economic Cooperation
and Development Test Guidelines 301 A-F, 306, and 310, and
International
[[Page 3183]]
Organization for Standardization 14593:1999.
(3) Regarding biocidal substances, biodegradable means a compound
or mixture that yields 60% of theoretical maximum carbon dioxide and
demonstrate a removal of at least 70% of dissolved organic carbon
within 28 days as described in EPA 712-C-98-075 (OPPTS 835.3100 Aerobic
Aquatic Biodegradation).
Environmentally acceptable lubricants means lubricants that are
biodegradable, minimally-toxic, and not bioaccumulative as defined in
this subpart. The following labeling programs and organizations meet
the definition of being environmentally acceptable lubricants: Blue
Angel, European Ecolabel, Nordic Swan, the Swedish Standards SS 155434
and 155470, Safer Choice, and the Convention for the Protection of the
Marine Environment of the North-East Atlantic (OSPAR) requirements.
* * * * *
Federally-protected waters means waters within 12 miles of the
United States that are also part of any of the following:
(1) Marine sanctuaries designated under the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) or Marine National Monuments
designated under the Antiquities Act of 1906;
(2) A unit of the National Wildlife Refuge System, including
Wetland Management Districts, Waterfowl Production Areas, National Game
Preserves, Wildlife Management Areas, and National Fish and Wildlife
Refuges;
(3) National Wilderness Areas; and
(4) Any component designated under the National Wild and Scenic
Rivers System.
Hazardous material means any hazardous material as defined in 49
CFR 171.8.
* * * * *
Minimally-toxic means a substance must pass either OECD 201, 202,
and 203 for acute toxicity testing, or OECD 210 and 211 for chronic
toxicity testing. For purposes of the standards, equivalent toxicity
data for marine species, including methods ISO/DIS 10253 for algae, ISO
TC147/SC5/W62 for crustacean, and OSPAR 2005 for fish, may be
substituted for OECD 201, 202, and 203. If a substance is evaluated for
the formulation and main constituents, the LC50 of fluids must be at
least 100 mg/L and the LC50 of greases, two-stroke oils, and all other
total loss lubricants must be at least 1000 mg/L. If a substance is
evaluated for each constituent substance, rather than the complete
formulation and main compounds, then constituents comprising less than
20% of fluids can have an LC50 between 10-100 mg/L or a no-observed-
effect concentration (NOEC) between 1-10 mg/L, constituents comprising
less than 5% of fluids can have an LC50 between 1-10 mg/L or a NOEC
between 0.1-1 mg/L, and constituents comprising less than 1% of fluids,
can have an LC50 less than 1 mg/L or a NOEC between 0-0.1 mg/L.
* * * * *
Not bioaccumulative means any of the following: The partition
coefficient in the marine environment is log Kow <3 or >7 using test
methods OECD 117 and 107; molecular mass >800 Daltons; molecular
diameter >1.5 nanometer; bioconcentration factor (BCF) or
bioaccumulation factor (BAF) is <100 L/kg, using OECD 305, OCSPP
850.1710 or OCSPP 850.1730, or a field-measured BAF; or polymer with
molecular weight (MW) fraction below 1,000 g/mol is <1%.
Person in charge (PIC) means the single individual named master of
the vessel or placed in charge of the vessel, by the U.S. Department of
Defense or by the Department in which the U.S. Coast Guard is
operating, as appropriate, and who is responsible for the operation,
manning, victualing, and supplying of the vessel of the Armed Forces.
Examples of a PIC include, but are not limited to:
(1) A Commanding Officer, Officer in Charge, or senior commissioned
officer on board the vessel;
(2) A civilian, military, or U.S. Coast Guard person assigned to a
shore command or activity that has been designated as the PIC for one
or more vessels, such as a group of boats or craft;
(3) A Tugmaster, Craftmaster, Coxswain, or other senior enlisted
person onboard the vessel;
(4) A licensed civilian mariner onboard a Military Sealift Command
vessel; or
(5) A contracted commercial person at a shore installation that is
not part of the Armed Forces but as identified by the U.S. Department
of Defense or the Department in which the U.S. Coast Guard is
operating.
* * * * *
Toxic materials means any toxic pollutant identified in 40 CFR
401.15.
* * * * *
Waters subject to UNDS means the navigable waters of the United
States, including the territorial seas and the waters of the contiguous
zone, as these terms are defined in the Clean Water Act (33 U.S.C.
1362).
0
4. Revise subpart D to read as follows:
Subpart D--Marine Pollution Control Device (MPCD) Performance Standards
Sec.
1700.14 Aqueous film-forming foam.
1700.15 [Reserved]
1700.16 Chain locker effluent.
1700.17-1700.21 [Reserved]
1700.22 Distillation and reverse osmosis brine.
1700.23 Elevator pit effluent.
1700.24 [Reserved]
1700.25 Gas turbine water wash.
1700.26-1700.28 [Reserved]
1700.29 Non-oily machinery wastewater.
1700.30 Photographic laboratory drains.
1700.31 Seawater cooling overboard discharge.
1700.32 Seawater piping biofouling prevention.
1700.33 Small boat engine wet exhaust.
1700.34-1700.37 [Reserved]
1700.38 Welldeck discharges.
1700.39 Exceptions.
1700.40 Commingling of discharges.
1700.41 Records.
1700.42 Non-compliance reports.
Subpart D--Marine Pollution Control Device (MPCD) Performance
Standards
Sec. 1700.14 Aqueous film-forming foam.
(a) For the purposes of this section, regulated aqueous film-
forming foam (AFFF) refers only to firefighting foam and seawater
mixture discharged during training, testing, or maintenance operations.
(b) For all vessels that sail seaward of waters subject to UNDS at
least once per month, the discharge of AFFF is prohibited.
(c) For all vessels that do not sail seaward of waters subject to
UNDS at least once per month:
(1) The discharge of fluorinated AFFF is prohibited; and
(2) The discharges of non-fluorinated or alternative foaming agent
are prohibited in port or in or near federally-protected waters, and
must occur as far from shore as possible.
Sec. 1700.15 [Reserved]
Sec. 1700.16 Chain locker effluent.
(a) For all vessels, except submarines, the anchor chain must be
carefully and thoroughly washed down (i.e., more than a cursory rinse)
as it is being hauled out of the water to remove sediment and
organisms.
(b) For all vessels, the chain lockers must be cleaned periodically
to eliminate accumulated sediments and any potential accompanying
pollutants. The dates of all chain locker inspections must be recorded
in the ship's log or other vessel recordkeeping documentation.
(c) For all vessels that sail seaward of waters subject to UNDS at
least once per month, the rinsing or pumping out of chain lockers is
prohibited.
[[Page 3184]]
(d) For all vessels that do not sail seaward of waters subject to
UNDS at least once per month, the rinsing or pumping out of chain
lockers must occur as far from shore as possible and, if technically
feasible, the rinsing or pumping out of chain lockers must not occur in
federally-protected waters.
Sec. Sec. 1700.17-1700.21 [Reserved]
Sec. 1700.22 Distillation and reverse osmosis brine.
The discharge of brine from the distillation system and the
discharge of reverse osmosis reject water are prohibited if they come
in contact with machinery or industrial equipment (other than
distillation or reverse osmosis machinery), toxic or hazardous
materials, or wastes.
Sec. 1700.23 Elevator pit effluent.
(a) The direct discharge of elevator pit effluent is prohibited.
(b) Notwithstanding the prohibition of direct discharges of
elevator pit effluent overboard, if the elevator pit effluent is
commingled with any other discharge for the purposes of treatment prior
to discharge, then under no circumstances may oils, including oily
mixtures, be discharged from that combined discharge in quantities
that:
(1) Cause a film or sheen upon or discoloration of the surface of
the water or adjoining shorelines; or
(2) Cause a sludge or emulsion to be deposited beneath the surface
of the water or upon adjoining shorelines; or
(3) Contain an oil content above 15 ppm as measured by EPA Method
1664a or other appropriate method for determination of oil content as
accepted by the International Maritime Organization (IMO) (e.g., ISO
Method 9377) or U.S. Coast Guard; or
(4) Otherwise are harmful to the public health or welfare of the
United States.
Sec. 1700.24 [Reserved]
Sec. 1700.25 Gas turbine water wash.
(a) The direct discharge of gas turbine water wash is prohibited.
(b) To the greatest extent practicable, gas turbine water wash must
be collected separately and disposed of onshore in accordance with any
applicable solid waste and hazardous substance management and disposal
requirements.
(c) Notwithstanding the prohibition of direct discharges of gas
turbine water wash overboard, if the gas turbine water wash is
commingled with any other discharge for the purposes of treatment prior
to discharge then under no circumstances may oils, including oily
mixtures be discharged from that combined discharge in quantities that:
(1) Cause a film or sheen upon or discoloration of the surface of
the water or adjoining shorelines; or
(2) Cause a sludge or emulsion to be deposited beneath the surface
of the water or upon adjoining shorelines; or
(3) Contain an oil content above 15 ppm as measured by EPA Method
1664a or other appropriate method for determination of oil content as
accepted by the International Maritime Organization (IMO) (e.g., ISO
Method 9377) or U.S. Coast Guard; or
(4) Otherwise are harmful to the public health or welfare of the
United States.
Sec. Sec. 1700.26-1700.28 [Reserved]
Sec. 1700.29 Non-oily machinery wastewater.
The discharge of non-oily machinery wastewater must not contain any
additives that are toxic or bioaccumulative in nature, and under no
circumstances may oils, including oily mixtures, be discharged in
quantities that:
(a) Cause a film or sheen upon or discoloration of the surface of
the water or adjoining shorelines; or
(b) Cause a sludge or emulsion to be deposited beneath the surface
of the water or upon adjoining shorelines; or
(c) Contain an oil content above 15 ppm as measured by EPA Method
1664a or other appropriate method for determination of oil content as
accepted by the International Maritime Organization (IMO) (e.g., ISO
Method 9377) or U.S. Coast Guard; or
(d) Otherwise are harmful to the public health or welfare of the
United States.
Sec. 1700.30 Photographic laboratory drains.
The discharge of photographic laboratory drains is prohibited.
Sec. 1700.31 Seawater cooling overboard discharge.
(a) For discharges from vessels that are less than 79 feet in
length:
(1) To the greatest extent practicable, minimize non-contact engine
cooling water, hydraulic system cooling water, refrigeration cooling
water and other seawater cooling overboard discharges when the vessel
is in port.
(2) To reduce the production and discharge of seawater cooling
overboard discharge, the vessel should use shore based power when in
port if:
(i) Shore power is readily available for the vessel from utilities
or port authorities; and
(ii) Shore based power supply systems are capable of providing all
needed electricity required for vessel operations; and
(iii) The vessel is equipped to connect to shore-based power and
such systems are compatible with the available shore power.
(3) Fouling organisms must be removed from seawater piping on a
regular basis. The discharge of fouling organisms removed during
cleanings is prohibited.
(b) For discharges from vessels that are greater than or equal to
79 feet in length:
(1) To the greatest extent practicable, minimize non-contact engine
cooling water, hydraulic system cooling water, refrigeration cooling
water and other seawater cooling overboard discharges when the vessel
is in port.
(2) To reduce the production and discharge of seawater cooling
overboard discharge, the vessel should use shore based power when in
port if:
(i) Shore power is readily available for the vessel from utilities
or port authorities; and
(ii) Shore based power supply systems are capable of providing all
needed electricity required for vessel operations; and
(iii) The vessel is equipped to connect to shore-based power and
such systems are compatible with the available shore power.
(3) Maintenance of all piping and seawater cooling systems must
meet the requirements of Sec. 1700.32 (Seawater Piping Biofouling
Prevention). For all vessels, except submarines, fouling organisms
removed during maintenance must not be discharged.
Sec. 1700.32 Seawater piping biofouling prevention.
(a) Seawater piping biofouling chemicals subject to registration
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
(7 U.S.C. 136 et seq.) must be used in accordance with the FIFRA label.
Pesticides or chemicals banned for use in the United States must not be
discharged.
(b) To the greatest extent practicable, only the minimum amount of
biofouling chemicals must be used to keep fouling under control.
(c) Fouling organisms must be removed from seawater piping on a
regular basis. For all vessels, except submarines, the discharge of
fouling organisms removed during cleanings is prohibited.
Sec. 1700.33 Small boat engine wet exhaust.
(a) For the purposes of this section small boat engine wet exhaust
discharges refers only to discharges from vessels that are less than 79
feet in length.
(b) Vessels generating small boat engine wet exhaust must be
maintained
[[Page 3185]]
in good operating order, well-tuned, and functioning according to
manufacturer specifications, in order to decrease pollutant
concentrations and volumes in small boat engine wet exhaust.
(c) To the greatest extent practicable, low sulfur or alternative
fuels must be used to reduce the concentration of pollutants in
discharges from small boat engine wet exhaust.
(d) To the greatest extent practicable, use four-stroke engines
instead of two-stroke engines for vessels generating small boat engine
wet exhaust.
(e) Vessels using two-stroke engines must use environmentally
acceptable lubricants unless use of such lubricants is technologically
infeasible. If technologically infeasible, the use and justification
for the use of a non-environmentally acceptable lubricant must be
recorded in the vessel recordkeeping documentation.
Sec. Sec. 1700.34-1700.37 [Reserved]
Sec. 1700.38 Welldeck discharges.
(a) Welldeck discharges that contain graywater from smaller vessels
are prohibited.
(b) Welldeck discharges containing washdown from gas turbine
engines are prohibited within three miles of the United States and to
the greatest extent practicable must be discharged seaward of waters
subject to UNDS.
(c) Welldeck discharges from equipment and vehicle washdowns must
not contain garbage and must not contain oil in quantities that:
(1) Cause a film or sheen upon or discoloration of the surface of
the water or adjoining shorelines; or
(2) Cause a sludge or emulsion to be deposited beneath the surface
of the water or upon adjoining shorelines; or
(3) Contain an oil content above 15 ppm as measured by EPA Method
1664a or other appropriate method for determination of oil content as
accepted by the International Maritime Organization (IMO) (e.g., ISO
Method 9377) or U.S. Coast Guard; or
(4) Otherwise are harmful to the public health or welfare of the
United States.
Sec. 1700.39 Exceptions.
(a) Notwithstanding each of the MPCD performance standards
established in this Part, a vessel of the Armed Forces is authorized to
discharge, into waters subject to UNDS, when the PIC or their
designated representative determines that such discharge is necessary
to prevent loss of life, personal injury, vessel endangerment, or
severe damage to the vessel.
(b) A vessel of the Armed Forces must maintain the following
records for all discharges under paragraph (a) of this section:
(1) Name and title of the PIC who determined the necessity of the
discharge;
(2) Date, location, and estimated volume of the discharge;
(3) Explanation of the reason the discharge occurred; and
(4) Actions taken to avoid, minimize, or otherwise mitigate the
discharge.
(c) All records prepared under paragraph (b) of this section must
be maintained in accordance with Sec. 1700.41.
Sec. 1700.40 Commingling of discharges.
If two or more regulated discharge streams are combined into one,
the resulting discharge stream must meet the requirements applicable to
all discharge streams that are combined prior to discharge.
Sec. 1700.41 Records.
(a) All records must be generated and maintained in the ship's logs
(main, engineering, and/or damage control) or an UNDS Record Book and
must include the following information:
(1) Vessel owner information (e.g., U.S. Navy, U.S. Coast Guard);
(2) Vessel name and class; and
(3) Name of the PIC.
(b) The PIC must maintain complete records of the following
information:
(1) Any inspection or recordkeeping requirement as specified in
Sec. Sec. 1700.14 through 1700.38;
(2) Any instance of an exception and the associated recordkeeping
requirements as specified in Sec. 1700.39; and
(3) Any instance of non-compliance with any of the performance
standards as specified in Sec. Sec. 1700.14 through 1700.38. The
information recorded must include the following:
(i) Description of any non-compliance and its cause;
(ii) Date of non-compliance;
(iii) Period of non-compliance (time and duration);
(iv) Location of the vessel during non-compliance;
(v) Corrective action taken;
(vi) Steps taken or planned to reduce, eliminate, and prevent non-
compliance in the future; and
(vii) If the non-compliance has not been corrected, an estimate of
the time the non-compliance is expected to continue.
(c) All records prepared under this section must be maintained for
a period of five years from the date they are created. The information
in this paragraph will be available to the EPA, states, or the U.S.
Coast Guard upon request. Any information made available upon request
must be appropriately classified, as applicable, and handled in
accordance with applicable legal requirements regarding national
security.
Sec. 1700.42 Non-compliance reports.
The PIC must report any non-compliance, including the information
as required under Sec. 1700.41, to the Armed Service's designated
office in writing and/or electronically within five days of the time
the PIC becomes aware of the circumstances.
[FR Doc. 2017-00153 Filed 1-10-17; 8:45 am]
BILLING CODE 6560-50-P