
[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Proposed Rules]
[Pages 6117-6135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01370]


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ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF DEFENSE

40 CFR Part 1700

[EPA-HQ-OW-2013-0469; FRL-9903-49-OW]
RIN 2040-AD39


Uniform National Discharge Standards for Vessels of the Armed 
Forces--Phase II

AGENCY: Environmental Protection Agency and Department of Defense.

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) and the U.S. 
Department of Defense (DoD) are proposing performance standards for 
certain 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. The proposed standards would 
reduce the adverse environmental impacts associated with the 
discharges, stimulate the development of improved pollution control 
devices, and advance the development of environmentally sound ships by 
the Armed Forces. The proposed standards are designed to be consistent 
with the effluent limitations included in the recently issued National 
Pollutant Discharge Elimination System (NPDES) general permit for 
discharges incidental to the normal operation of a non-military vessel.

DATES: Comments must be received on or before April 4, 2014.

ADDRESSES: Submit your comments, identified by Docket No. EPA-HQ-OW-
2013-0469, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow on-
line instructions for submitting comments.
    Mail: Send an original and one copy of your comments and enclosures 
(including references) to EPA Water Docket, U.S. Environmental 
Protection Agency, Mail Code: 2822-IT, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, Attention Docket No. EPA-HQ-OW-2013-0469.
    Hand Delivery: EPA Water Docket, EPA Docket Center, EPA West 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20004, Docket No. EPA-HQ-OW-2013-0469. Deliveries to the docket are 
accepted only during their normal hours of operation: 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. For access to 
docket materials, call (202) 566-2426, to schedule an appointment.
    Email: ow-docket@epa.gov; Attention Docket No. EPA-HQ-OW-2013-0469. 
To ensure that EPA can properly respond to comments, commenters should 
cite the paragraph(s) or section(s) in the proposed rule to which each 
comment refers. Commenters should use a separate paragraph for each 
issue discussed, and must submit any references cited in their 
comments. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment. Electronic files should avoid any form of encryption and 
should be free of any defects or viruses.
    Instructions: Direct your comments to docket ID number EPA-HQ-OW-
2013-0469. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov. The Federal http://www.regulations.gov Web site is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
any form of encryption and should be free of any defects or viruses. 
For additional instructions on submitting comments, go to the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: The electronic version of the public docket is available 
through the Federal Docket Management System (FDMS) found at http://www.regulations.gov. You may use the FDMS to view public comments, 
access the index listing of the contents of the official public docket, 
and access those documents in the public docket that are available 
electronically. Once at the Web site, enter the appropriate Docket ID 
No. in the ``Search'' box to view the docket. Certain types of 
information will not be placed in the EPA dockets. Information claimed 
as CBI and other information whose disclosure is restricted by statute, 
which is not included in the official public docket, will not be 
available for public viewing in EPA's electronic public docket. EPA 
policy is that copyrighted material will not be placed in EPA's 
electronic public docket but will be available only in hard copy in the 
official public docket. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available

[[Page 6118]]

docket materials through the EPA Water Docket Center, EPA West 
Building, Room 3334, 1301 Constitution Avenue (EPA West Building), NW., 
Washington, DC 20004. The Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the EPA Water Docket is (202) 
566-2426.

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: This supplementary information is organized 
as follows:

Table of Contents

I. General Information
    A. Legal Authority for the Proposed Rule
    B. Purpose of the Proposed Rule
    C. What Vessels are Potentially Affected by the Proposed Rule?
    D. What is the Geographic Scope of the Proposed Rule?
    E. Rulemaking Process
    F. Summary of Public Outreach and Consultation with Federal 
Agencies, States, Territories, and Tribes
    G. Supporting Documentation
    H. What Should I Consider as I Prepare My Comments?
II. UNDS Performance Standards Development
    A. Nature of the Discharge
    B. Environmental Effects
    C. Cost, Practicability, and Operational Impacts
    D. Applicable U.S. and International Law
    E. Definitions
III. UNDS Discharge Analysis and 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 of the Proposed Rule
V. 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 as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 13112: Invasive Species
    K. Executive Order 13089: Coral Reef Protection
    L. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
VI. Appendix A.

I. General Information

A. Legal Authority for the Proposed Rule

    EPA and DoD propose this rule under the authority of Clean Water 
Act (CWA) Sec.  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 Sec.  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 Sec. Sec.  312(a)(12)-(14) & (n) (33 
U.S.C. 1322(a)(12)-(14) & (n)).

B. Purpose of the Proposed 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 by the U.S. Navy of environmentally sound 
ships. Section 312(n)(3)(A) of the CWA requires 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 
Sec.  312(a)(12)), unless the Secretary finds that compliance with UNDS 
would not be in the national security interests of the United States 
(CWA Sec.  312(n)(1)).
    The proposed rule would amend Title 40 Code of Federal Regulations 
(CFR) part 1700 to establish performance standards for 11 of the 
discharges incidental to the normal operation of a vessel of the Armed 
Forces from among the 25 discharges for which EPA and DoD previously 
determined (64 FR 25126) that it is reasonable and practicable to 
require a marine pollution control device (MPCD). The 11 discharges 
addressed by the proposal 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.
    The proposed performance standards would not become enforceable 
until after promulgation of a final rule, as well as promulgation of 
regulations by DoD under CWA Sec.  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 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 potentially affected by the proposed rule?

    The proposed rule would apply to vessels of the Armed Forces. For 
the purposes of the rulemaking, the term ``vessel of the Armed Forces'' 
is defined at CWA Sec.  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 proposed rule. The proposed rule would 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.

[[Page 6119]]

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 proposed rule?

    The proposed rule would be 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 Sec.  
1322(n)(8)(A)). 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. The United 
States includes the States, the District of Columbia, the Commonwealth 
of Puerto 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 proposed rule would not 
be applicable seaward of the contiguous zone. The term ``waters subject 
to UNDS'' is also proposed for addition to 40 CFR 1700.3 (definitions).

E. Rulemaking Process

    The UNDS rulemaking is a joint rulemaking between EPA and DoD and 
is under development in three phases. The first two phases reflect 
joint rulemaking between EPA and DoD; the third phase is a DoD-only 
rule. The first phase is complete (64 FR 25126). The proposed rule is 
part of Phase II.
Phase I
    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, 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 Sec.  
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 to be the most effective equipment or management practice to 
reduce the environmental impacts of the discharge consistent with the 
considerations set forth for UNDS.
    During Phase I, 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 
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 Discharge; Underwater Ship Husbandry; and Welldeck Discharges 
(40 CFR 1700.4).
    During Phase I, 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 Sec. Sec.  312(n)(6)(A) & 312(n)(7)). 
However, section 312(n)(5)(D) of the CWA authorizes a Governor of any 
State to submit a petition to DoD and EPA requesting the re-evaluation 
of a prior determination that a MPCD is required for a particular 
discharge (40 CFR 1700.4) or 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 Sec.  312(n)(5)(D) & 40 CFR 1700.11).
Phase II
    Section 312(n)(3) of the CWA provides for Phase II and requires EPA 
and DoD to develop Federal performance standards for each of the 25 
discharges identified in Phase I as requiring control. In doing so, 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 performance standards, CWA Sec.  312(n)(2)(B) 
directs 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 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.
    EPA and DoD have developed processes to establish Phase II 
standards in two separate batches. The first batch of performance 
standards is proposed in the rule and addresses 11 of the 25 discharges 
identified as requiring control (64 FR 25126). The second batch of 
performance standards--the remaining 14 discharges--will be proposed in 
a separate, subsequent notice.
    In developing the Phase II performance standards, EPA and DoD 
referenced the NPDES general permit that EPA proposed in 2011 for

[[Page 6120]]

discharges incidental to the normal operation of a vessel as the 
``baseline'' for each comparable discharge incidental to the normal 
operation of a vessel of the Armed Forces (76 FR 76716). The NPDES 
proposed Small Vessel General Permit and the final Vessel General 
Permit 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 3-mile territorial sea as defined in CWA 
Sec.  502(8). The proposed and final NPDES vessel general permits 
include effluent limits that are based on both the technology available 
to treat the pollutants (i.e., technology-based effluent limitations), 
and limits that would be protective of the designated uses of the 
receiving water (water quality-based effluent limits), including both 
non-numeric (e.g., management practices) and numeric limitations. 
Additional information on NPDES permitting can be found on-line at 
http://cfpub.epa.gov/npdes/. In the proposed rule preamble, EPA and DoD 
refer to these NPDES permits collectively as the ``VGP.''
    Using the VGP as a baseline for developing the MPCD performance 
standard(s) for discharges incidental to the normal operation of a 
vessel of the Armed Forces allowed EPA and DoD to maximize the use of 
EPA's scientific and technical work developed to support the VGP and to 
adapt, as appropriate, the VGP technology-based effluent limitations 
and water quality-based effluent limitations for application to 
discharges incidental to the normal operation of a vessel of the Armed 
Forces. EPA and DoD also considered relevant water quality standards, 
including numeric and narrative criteria, designated uses, and anti-
degradation policies in order to evaluate the potential environmental 
effects of the discharges consistent with CWA Sec.  312(n)(2)(B)(ii).
Phase III
    Phase III of UNDS requires DoD, in consultation with 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 would be publicly released and made available on the 
following Web site http://www.dtic.mil/whs/directives. Similar to Phase 
II, Phase III will be promulgated in two batches. Phase III-Batch One 
will address the 11 discharges proposed in the proposed rule and Phase 
III-Batch Two will address the remaining 14 discharges.
    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 the required 
MPCD meeting the final Phase II standards (CWA Sec.  312 (n)(7)). It 
also will be unlawful for a vessel of the Armed Forces to discharge a 
regulated UNDS discharge into waters where a prohibition on the 
discharge has been established (i.e., to discharge into an UNDS no-
discharge zone) (CWA Sec.  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 Sec.  312(j)). The Secretary of the Department 
in which the U.S. Coast Guard is operating is empowered to 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 Sec. Sec.  312(k) & (n)(9)).
    In addition, as of the effective date of Phase III regulations, 
neither states nor political subdivisions of states 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 Sec.  312(n)(7)). CWA Sec.  312(n)(7) provides for 
the establishment of no-discharge zones either (A) by state prohibition 
after application and a determination by EPA, or (B) directly by EPA 
prohibition. The Phase I UNDS regulations established the criteria and 
procedures for establishing no-discharge zones (40 CFR 1700.9-1700.10).
    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 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, 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)). 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 Sec. Sec.  312(n)(7)(B)(ii) 
and 40 CFR 1700.10(b)).
    The statute also requires 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 Sec. Sec.  
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 UNDS determinations and standards if there is significant new 
information, not considered previously, that could reasonably result in 
a change to the determination or standard (CWA Sec.  312(n)(5)(D) & 40 
CFR 1700.11).

[[Page 6121]]

F. Summary of Public Outreach and Consultation With Federal Agencies, 
States, Territories, and Tribes

    During the development of the proposed Phase II rule, EPA and DoD 
consulted with other Federal agencies, states, and tribes regarding the 
enhancement of the operational flexibility of vessels of the Armed 
Forces domestically and internationally; development of innovative 
vessel pollution control technology; and advancement of the development 
by the U.S. Navy of environmentally sound ships. In addition, EPA and 
DoD reviewed comments on the VGP from Federal agencies, states, 
territories, and environmental organizations.

G. Supporting Documentation

    The proposed rule is supported by ``Technical Development Document 
(TDD) Phase I Uniform National Discharge Standards (UNDS) for Vessels 
of the Armed Forces,'' the draft and final UNDS Phase I rules, various 
VGP documents, including, but not limited to the ``Proposed 2013 Vessel 
General Permit for Discharges Incidental to the Normal Operation of 
Vessels (VGP),'' the ``Final 2013 Vessel General Permit for Discharges 
Incidental to the Normal Operation of Vessels (VGP),'' the ``Vessel 
General Permit (VGP) Fact Sheet,'' the ``Proposed 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 Proposed and 
Final 2013 Vessel General Permit (VGP),'' ``Economics and Benefits 
Analysis of the Proposed 2013 Small Vessel General Permit (sVGP),'' 
``Report to Congress: Study of Discharges Incidental to Normal 
Operation of Commercial Fishing Vessels and Other Non-Recreational 
Vessels Less than 79 Feet,'' and ``Environmentally Acceptable 
Lubricants.'' 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: http://www.regulations.gov). The VGP background documents also are available 
online: http://www.epa.gov/npdes/vessels.

H. What should I consider as I prepare my comments?

    The public may submit comments in written or electronic form. 
Electronic comments must be identified by the docket number EPA-HQ-OW-
2013-0469. These electronic submissions will be accepted in Microsoft 
Word or Adobe PDF. If your comment cannot be read due to technical 
difficulties and you cannot be contacted for clarification, EPA and DoD 
may not be able to consider your comment. Avoid the use of special 
characters and any form of encryption.
    Tips for Preparing Comments. Please follow these guidelines as you 
prepare your comments so that EPA and DoD can better address them in a 
timely manner.
    1. Identify the proposed rule by docket number and other 
identifying information (subject heading, Federal Register date, and 
page number).
    2. Explain why you agree or disagree with any proposed performance 
standards; suggest alternatives and substitute language for your 
requested changes.
    3. Describe any assumptions and provide any technical information 
and/or data that you used.
    4. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    5. Explain your views as clearly as possible.
    Make sure to submit your comments by the comment period deadline. 
EPA and DoD are not obligated to accept or consider late comments.

II. UNDS Performance Standards Development

    During the development of the proposed discharge performance 
standards, EPA and DoD analyzed the information from Phase I of UNDS 
and considered the VGP effluent limitations as well as the seven 
statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
determined that the VGP effluent limitations, which include technology-
based and water quality-based effluent limitations, provide a sound 
basis for developing performance standards for the 11 discharges 
covered in the proposed rule. EPA and DoD used the VGP effluent 
limitations language and adapted the language as necessary to 
incorporate the considerations of the UNDS Phase I information and the 
seven statutory factors. The subsections below outline EPA and DoD's 
approach to considering the seven statutory factors in the development 
of the proposed discharge standards.
    EPA and DoD invite comment on the two agencies' approach to use the 
VGP as a baseline from which to develop the performance standards for 
the discharges identified in Phase I that require control.

A. Nature of the Discharge

    During Phase I, EPA and DoD gathered information on the discharges 
incidental to the normal operation of a vessel of the Armed Forces and 
developed ``nature of discharge'' reports. The ``nature of 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, EPA and DoD 
reviewed relevant discharge information in the supporting documentation 
of the VGP. The 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 contain aquatic nuisance species (ANS), nutrients, 
thermal pollution, bacteria and/or pathogens (e.g., E. coli and fecal 
coliform), oil and grease, metals, most conventional pollutants (e.g., 
organic matter, bicarbonate, and total 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 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, EPA and DoD discuss 
the constituents of concern released into the environment and potential 
water quality impacts. The proposed performance standards would reduce 
the discharge of constituents of concern and mitigate the environmental 
risks to the receiving waters.

C. Cost, Practicability, and Operational Impacts

    The population of vessels of the Armed Forces affected by the 
proposed rule encompasses more than 6,000 vessels distributed among the 
U.S. Navy, Military Sealift Command (MSC), 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

[[Page 6122]]

82% of the vessels of the Armed Forces are less than 79 feet in length. 
Larger vessels (i.e., with length equal to or greater than 79 feet) 
comprise 18% of the vessels of the Armed Forces. EPA and DoD considered 
vessel class, type, and size when developing the proposed discharge 
standards as not all vessels have the same discharges. For more 
information on the various vessel classes, characteristics, and 
mission, see Appendix A.
    EPA and DoD assessed the relative costs, practicability, and 
operational impacts of the proposed rule by comparing current operating 
conditions and practices of vessels of the Armed Forces with the 
anticipated operating conditions and practices that would be required 
to meet the proposed discharge performance standards.
    EPA and DoD determined that the vessels of the Armed Forces are 
generally implementing the proposed operating conditions and practices 
for all 11 discharges; therefore, it is anticipated that any 
incremental increase in performance costs, practicability, and 
operational impacts will be marginal for these discharges.

D. Applicable U.S. and International Law

    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 because they are entitled to sovereign 
immunity under international law or apply different approaches to 
adoption of appropriate environmental control measures consistent with 
the objects and purposes of such treaties. EPA and DoD incorporated any 
relevant information in the development of the proposed discharge 
standards after reviewing the requirements of the following laws and 
treaties: 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; International 
Convention for the Control and Management of Ships' Ballast Water and 
Sediments, 2004; Act to Prevent Pollution from Ships; CWA section 311, 
as amended by the Oil Pollution Control Act of 1990; 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 Substances Control Act; 
and the VGP. EPA and DoD invite comment on the application of the laws 
and international standards considered in the development of the 
proposed performance standards.

E. Definitions

    EPA and DoD propose adding UNDS definitions to 40 CFR part 1700. 
Specifically, the proposal would define the terms: Bioaccumulative; 
biodegradable; environmentally acceptable lubricants; federally-
protected waters; hazardous material; non-toxic; person in charge; 
toxic materials; and waters subject to UNDS. EPA and DoD are defining 
these terms to support the proposal of the performance standards 
described in the following section. These definitions intend to 
clarify, simplify, and/or improve understanding of the proposed 
performance standards. EPA and DoD invite comment on these definitions 
as applied to the specific proposed performance standards.

III. UNDS Discharge Analysis and Performance Standards

    This section provides additional detail regarding the nature of the 
11 discharges and the potential for adverse environmental effects 
associated with the discharges. The section also describes the proposed 
MPCD determined to be reasonable and practicable to mitigate the 
adverse impacts to the marine environment.
    The proposed performance standards described in each section below 
would apply to discharges incidental to the normal operation of a 
vessel of the Armed Forces, operating within waters subject to UNDS, 
except as otherwise expressly excluded in the ``exceptions'' section of 
the proposed rule (40 CFR 1700.39). In addition, 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 (40 CFR 1700.40). 
Furthermore, recordkeeping (40 CFR 1700.41) and non-compliance 
reporting (40 CFR 1700.42) apply generally to each proposed performance 
standard unless expressly provided in a particular performance 
standard.

A. Aqueous Film-Forming Foam

1. Nature of Discharge
    Aqueous film-forming foam (AFFF) is the primary firefighting agent 
used to extinguish flammable liquid fires on surface ships of the Armed 
Forces. For the purposes of UNDS, AFFF is the firefighting foam and 
seawater mixture discharged during training, testing, or maintenance 
operations (i.e., non-emergency, but routine situations) (40 CFR 
1700.4(a)). UNDS do not apply to the operational AFFF discharged to 
prevent loss of life, personal injury, vessel endangerment, or severe 
damage to the vessel (e.g., firefighting) (40 CFR 1700.39(a)).
    AFFF or fluoroprotein foam concentrate is a foam concentrate mixed 
with seawater to form a diluted seawater foam solution (3-6% AFFF). 
Fluoroprotein foam is a protein-based material to which fluorinated 
surfactants have been added to improve fluidity and surface tension 
properties, while reducing the tendency of the protein base to absorb 
liquids. The diluted seawater solution is sprayed as foam on the fire 
and is applied with both fire hoses and fixed sprinkler devices. 
However, only the diluted seawater foam solution is discharged; the 
actual concentrate is never discharged. As such, AFFF contains 
constituents found both in the foam concentrate (e.g., perfluorooctane 
sulfonate (PFOS) or perfluorooctanoic acid (PFOA)) and in the firemain 
(e.g., copper and microorganisms). Some alternatives to AFFF exist that 
have lower concentrations of perfluorinated surfactants, or contain 
non-fluorinated surfactants, that are less persistent than AFFF or 
fluoroprotein foam.
    AFFF discharges occur during training, planned maintenance, system 
testing and inspections, or flight deck certifications. During or after 
these activities occur, the seawater foam solution is discharged either 
directly overboard from hoses, washed overboard from accumulations on 
the flight deck, or drained to the bilge. These training, maintenance, 
and testing cases generally occur annually, at 18 month intervals, and/
or at 3 year intervals depending on the vessel requirements.
    Approximately 10% of the vessels of the Armed Forces (i.e., 
aircraft carriers, surface combatants, amphibious support ships, and 
most classes of patrol ships and auxiliary ships) discharge AFFF. 
Vessels less than 79 feet in length are not expected to have seawater 
foam firefighting systems. For more information regarding AFFF, please 
see the AFFF NOD in Appendix A of the

[[Page 6123]]

Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    AFFF could negatively impact receiving waters due to the 
constituents in the foam concentrate and the copper and microorganisms 
found in the firemain system.
    The constituents of AFFF concentrate include water, 2-(2-
butoxyethoxy)-ethanol, urea, alkyl sulfate salts, amphoteric 
fluoroalkylamide derivative, perfluoroalkyl sulfonate salts, 
triethanolamine, and methyl-1H-benzotriazole. In addition, because the 
seawater mixed with the AFFF concentrate comes from the vessel's 
firemain system, the discharge may also include bis(2-ethylhexyl) 
phthalate, nitrogen (measured as total Kjeldahl nitrogen), copper, 
nickel, iron, and microorganisms which can be found in the actual 
piping of the firemain system.
    The concentration of many of the constituents in the AFFF, 
particularly bis(2-ethylhexyl) phthalate, copper, nickel, and iron 
could negatively impact the receiving waters and could potentially 
contribute to an exceedance of relevant recommended water quality 
criteria. The PFOS found in the AFFF is a persistent, bioaccumulative, 
toxic, and carcinogenic chemical compound that is suspected of causing 
adverse human health effects. The discharge of the microorganisms from 
the firemain system also could result in the introduction of ANS and 
negatively impact biodiversity, water quality, and the designated uses 
of water bodies. In addition, AFFF could potentially cause foam to 
float on the surface of the water, altering visibility and violating 
aesthetic water quality criteria.
    Restricting the discharge of AFFF and the associated constituents 
of concern would protect and enhance the quality of waters subject to 
UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose to require that AFFF (i.e., AFFF used during training, testing, 
or maintenance operations) shall not be discharged (i.e., AFFF should 
be collected and stored for on shore disposal or discharged when the 
vessel is located seaward of waters subject to UNDS) because the 
constituents have the potential to contribute to an exceedance of water 
quality criteria and to cause adverse environmental and human health 
impacts.

B. Chain Locker Effluent

1. Nature of the Discharge
    Chain locker effluent is the accumulated precipitation and seawater 
that is emptied from the compartment used to store the vessel's anchor 
chain (40 CFR 1700.4(c)). Anchor chains used by surface vessels are 
stored in the chain locker when not in use. The small amount of water 
that is washed into the chain locker eventually drains through the 
bottom grating and into the sump where it can come into contact with 
paint chips, rust, grease, and sacrificial zinc anodes. This collected 
water also has the potential to contain ANS.
    Chain locker effluent is discharged when the chain locker sump is 
emptied directly overboard. The generation rate of this discharge 
depends on many factors, including the amount of precipitation and 
seawater that enters the chain locker, the size of the vessel, the 
number of chain lockers per vessel, and the frequency of anchor use. 
Approximately 500 vessels of the Armed Forces have at least one chain 
locker, and thus generate chain locker effluent. However, inspections 
of the chain lockers during Phase I revealed that the chain lockers are 
often dry and only a small amount of water actually accumulates in the 
chain locker. Submarine chain lockers are always submerged, open to the 
sea, and do not collect effluent. Vessels less than 79 feet in length 
are not expected to have chain lockers.
    For more information regarding chain locker effluent, please see 
the chain locker effluent NOD in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Chain locker effluent could negatively impact receiving waters due 
to the possible presence of paint chips, rust, grease, sacrificial zinc 
anodes, and microorganisms. The discharge of the microorganisms could 
result in the introduction of ANS and negatively impact biodiversity, 
water quality, and the designated uses of water bodies. Restricting the 
discharge of chain locker effluent and the associated constituents of 
concern would protect and enhance the quality of waters subject to 
UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose to 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. EPA and 
DoD also propose to 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, EPA and DoD propose to require that for vessels that 
sail seaward of waters subject to UNDS at least once per month, chain 
lockers shall not be rinsed or pumped out within waters subject to UNDS 
to eliminate any potential impact to nearshore waters. If technically 
feasible, the chain locker shall be periodically cleaned, rinsed, and/
or the accumulated water and sediment (i.e., chain locker effluent) 
shall be pumped out prior to entering waters subject to UNDS 
(preferably in mid-ocean). For vessels that do not sail seaward of 
waters subject to UNDS at least once per month, if a discharge of chain 
locker effluent occurs within waters subject to UNDS it shall occur at 
the greatest distance practicable from shore and, if technically 
feasible, shall not be discharged in federally-protected waters.

C. Distillation and Reverse Osmosis Brine

1. Nature of the Discharge
    Distillation and reverse osmosis brine is the concentrated seawater 
(brine) produced as a by-product of the processes used to generate 
freshwater from seawater (40 CFR 1700.4(i)). Distillation and reverse 
osmosis brine derives from distilling and reverse osmosis equipment and 
machinery that generate freshwater from seawater for a variety of 
shipboard applications, including potable water for drinking, aircraft 
and vehicle washdowns, boiler feedwater on steam-powered vessels, and 
auxiliary boiler feedwater on most vessels.
    The brine from distillation and reverse osmosis differs based on 
whether the brine originates from distilling equipment or reverse 
osmosis equipment. Distillation equipment boils seawater and the 
resulting steam is condensed into high-purity distilled water; the 
remaining seawater concentrate (i.e., brine) that is not evaporated is 
discharged overboard.

[[Page 6124]]

Reverse osmosis equipment separates freshwater from seawater by using 
semi-permeable membranes as a physical barrier to allow a portion of 
the seawater to pass through the membrane as freshwater; the retained 
substances become concentrated into brine that includes a large 
percentage of suspended and dissolved constituents and is subsequently 
discharged overboard. This seawater concentrate, or brine, primarily 
consists of seawater, but can also contain materials from these 
processes, such as nutrients and anti-scaling treatment chemicals as 
well as some metals, including copper and zinc.
    Approximately 10% of U.S. Navy, MSC, U.S. Coast Guard, and U.S. 
Army surface vessels and submarines are equipped with water 
purification equipment and therefore generate this discharge. The 
majority of the 10% are operating distillation equipment. Vessels less 
than 79 feet in length are not expected to have water purification 
equipment.
    For more information regarding distillation and reverse osmosis 
brine, please see the distillation and reverse osmosis brine NOD in 
Appendix A of the Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Distillation and reverse osmosis brine could negatively impact 
receiving waters due to the presence of dissolved and suspended solids, 
anti-scaling chemicals, and metals. The constituents found in the brine 
are generally present in the influent seawater used in the distillation 
or reverse osmosis processes and become concentrated in the brine 
before being discharged. Specifically, the concentration of copper and 
zinc found in the brine discharges could potentially contribute to an 
exceedance of relevant recommended water quality criteria. Restricting 
the discharge of distillation and reverse osmosis and the associated 
constituents of concern would protect and enhance the quality of waters 
subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose to prohibit the discharge of the distillation and reverse 
osmosis brine overboard within waters subject to UNDS 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

1. Nature of the Discharge
    Elevator pit effluent is the liquid that accumulates in, and is 
discharged from, the sumps of elevator wells on vessels (40 CFR 
1700.4(j)). Most large surface vessels have at least one type of 
elevator. Shipboard elevators operate using cables, rails, or hydraulic 
pistons. Elevator shafts typically have a sump or reservoir in the pit 
that collects liquids that may enter the elevator and shaft area. If 
the elevator pit is located above the waterline, the sump is typically 
fitted with a drain that directs the waste overboard. This drain is 
normally higher than the sump floor to prevent clogging from solids 
that otherwise settle out and remain in the sump. If the elevator pit 
is located below the waterline, the pit is educted dry using the 
pressure of the firemain water supply to remove fluids from the sump.
    Elevator pit effluent may contain grease, lubricants, solvents, 
soot, dirt, paint chips, or nutrients. Furthermore, when water enters 
the elevator pit, it sometimes contains materials that were on the 
deck, including aviation fuel, hydraulic fluid, lubricating oil, 
residual water, and AFFF. Residue in the elevator car from the 
transport of materials may also be washed into the elevator pit. The 
cleaning solvent used during maintenance cleaning operations as well as 
liquid wastes generated by the cleaning process then drain into the 
elevator pit sump. This mixture of materials and liquid collects in the 
sump at the bottom of the elevator pit. If the firemain system is used 
to educt fluids from the pit, the effluent may also contain nitrogen, 
bis(2-ethylhexyl) phthalate, copper, iron, and nickel.
    The generation rate of this discharge depends on the periodicity of 
cleaning and lubrication of the mechanical components (e.g., guide 
rollers and bearings) on the elevator car and in the elevator shaft and 
pit, the frequency and volume of water from the deck that enters the 
elevator pit, and the frequency of elevator use (frequent use allows 
for more deck runoff entry). These factors vary greatly among vessel 
classes and between elevators aboard any given vessel. Vessel 
inspections conducted during UNDS Phase I, however, revealed that 
elevator pits were often dry.
    Approximately 5% of surface vessels, all of them belonging to the 
U.S. Navy and MSC, generate elevator pit effluent. The U.S. Coast 
Guard, U.S. Army, U.S Air Force, and U.S. Marine Corps vessels do not 
produce elevator pit effluent because their vessels do not have 
elevators.
    For more information regarding elevator pit effluent, please see 
the elevator pit effluent NOD in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Elevator pit effluent could negatively impact receiving waters due 
to the possible presence of lubricants, cleaning solvents, soot, paint 
chips, and constituents of concern (total nitrogen, bis(2-ethylhexyl) 
phthalate, silver, chromium, copper, iron, nickel, lead, zinc, and 
phenols). These constituents may be present in concentrations that 
could potentially contribute to an exceedance of relevant recommended 
water quality criteria. Restricting the discharge of elevator pit 
effluent and the associated constituents of concern would protect and 
enhance the quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose to prohibit the direct discharge of elevator pit effluent 
overboard within waters subject to UNDS to minimize the potential 
impact to nearshore waters. Elevator pit effluent could be discharged 
within waters subject to UNDS but only if it is 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 1664 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

1. Nature of the Discharge
    Gas turbine water wash is the water released from washing gas 
turbine

[[Page 6125]]

components (40 CFR 1700.4(l)). Gas turbines are used for propulsion and 
electricity generation and are cleaned occasionally to remove 
byproducts that accumulate and affect their operation. Expected 
constituents of gas turbine water wash include synthetic lubricating 
oil, grease, solvent-based cleaning products that contain naphthalene, 
hydrocarbon combustion by-products, salts from the marine environment, 
and metals leached from metallic turbine surfaces. Gas turbine water 
wash effluent and any drainage of residual material from leaks and 
spills usually are either collected and held in a dedicated tank system 
for shore disposal or discharged to the environment as a commingled 
component of another UNDS discharge.
    The discharge rates and concentrations of gas turbine water wash 
vary according to the frequency of washdowns. Some U.S. Navy vessels 
conduct gas turbine washdowns as frequently as every 48 hours with over 
100 gallons of water wash generated per washdown.
    Fewer than 5% of the surface vessels (i.e., surface combatants and 
auxiliary support ships) of the Armed Forces have shipboard gas turbine 
systems and therefore generate gas turbine water wash. Vessels less 
than 79 feet in length are not expected to have gas turbines.
    For more information regarding gas turbine water wash, please see 
the gas turbine water wash NOD in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Gas turbine water wash could negatively impact receiving waters due 
to the possible presence of oil, grease, and solvent-based cleaning 
products that contain naphthalene. The estimated concentration of 
naphthalene could potentially contribute to an exceedance of relevant 
recommended water quality criteria, and the concentration of oil also 
could potentially contribute to an exceedance of relevant recommended 
water quality criteria because the source of this discharge (gas 
turbine cleaning) is designed to dissolve fuel, lubricant, and other 
hydrocarbon deposits. Restricting the discharge of gas turbine water 
wash and the associated constituents of concern would protect and 
enhance the quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose to prohibit the direct discharge of gas turbine water wash 
overboard within waters subject to UNDS. Gas turbine water wash should 
be collected separately and disposed of at an onshore facility. 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 1664 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

1. Nature of the Discharge
    Non-oily machinery wastewater discharge is the combined wastewater 
from the operation of distilling plants, water chillers, valve 
packings, water piping, low- and high-pressure air compressors, and 
propulsion engine jacket coolers (40 CFR 1700.4(p)). Non-oily machinery 
wastewater systems are designed to separate the wastewater generated 
from machinery that does not contain oil from the wastewater generated 
from machinery that has oil content. Vessels have numerous sources of 
non-oily machinery wastewater, including distilling plants start-up 
discharge, chilled water condensate drains, fresh and saltwater pump 
drains, potable water tank overflows, and leaks from propulsion shaft 
seals.
    Non-oily machinery wastewater discharge can contain a suite of 
conventional pollutants, metals, and organics (e.g., copper, nickel, 
silver, zinc, mercury, and a variety of nutrients). Normally, the 
discharge is drained directly overboard continuously as it is produced 
or is pumped overboard intermittently from non-oily machinery 
wastewater tanks. In some instances, non-oily machinery wastewater may 
be drained to the bilge.
    Non-oily machinery wastewater discharge rates vary by vessel size 
and operation type, ranging from less than 100 gallons per hour (gph) 
to over 4,000 gph.
    Approximately 4% of the vessels of the Armed Forces have dedicated 
non-oily machinery wastewater collection systems. Most of the vessels 
that generate this discharge are U.S. Navy vessels greater than or 
equal to 79 feet in length. Vessels less than 79 feet in length are not 
expected to generate this discharge.
    For more information regarding non-oily machinery wastewater, 
please see the non-oily machinery wastewater NOD in Appendix A of the 
Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Non-oily machinery wastewater discharges could negatively impact 
receiving waters due to the possible presence of metals and other toxic 
pollutants. The constituents of concern (bis(2-ethylhexyl) phthalate, 
copper, nickel, and silver) are sometimes present in concentrations 
that could potentially contribute to an exceedance of relevant 
recommended water quality criteria. Restricting the discharge of non-
oily machinery wastewater and the associated constituents of concern 
would protect and enhance the quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose to require that direct discharges of non-oily machinery 
wastewater or discharges of non-oily machinery wastewater that are 
commingled with any other discharge for the purposes of treatment prior 
to discharge be free from any additives that are toxic or 
bioaccumulative in nature. In addition, under no circumstances may 
oils, including oily mixtures contained in non-oily machinery 
wastewater 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 1664 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.

[[Page 6126]]

G. Photographic Laboratory Drains

1. Nature of the Discharge
    The photographic laboratory (``photo lab'') drains contain 
laboratory wastewater resulting from the processing of photographic 
film (40 CFR 1700.4(q)). The wastewater resulting from a photographic 
laboratory aboard a vessel is the same as the wastewater that would 
result from a shore-based photographic developing facility. The 
wastewater results from the processing of color, black-and white, and 
X-ray film. The photographic wastewater processing system consists of 
three elements: a film processor, a washwater recycle system, and a 
fixer recycle and silver recovery subsystem. These three elements 
contribute to wastewater that includes developer solutions, fixers, 
hardener solutions, detergents, rinse-waters, and wastewater from 
silver recovery units.
    Major constituents in the discharge can include acetic acid, 
aluminum sulfate, ammonia, boric acid, ethylene glycol, sulfuric acid, 
sodium acetate, sodium chloride, ammonium bromide, formaldehyde, and 
silver. These constituents also vary based on whether the photos use 
color, black-and-white or X-ray film.
    Only U.S. Navy aircraft carriers, which represent fewer than 1% of 
vessels of the Armed Forces, are likely to produce photographic 
laboratory wastewater, if at all. The widespread use of digital 
photography has nearly eliminated the use of wet film processing and 
DoD expects that photographic laboratory wastewater generation onboard 
vessels will be almost entirely eliminated over time.
    For more information regarding photographic laboratory wastewater, 
please see the photographic laboratory lab drains NOD in Appendix A of 
the Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Photo lab drain discharges could negatively impact receiving waters 
due to the possible presence of metals and other toxic pollutants. 
Specifically, concentrations of silver could potentially contribute to 
an exceedance of relevant recommended water quality criteria. The use 
of digital photography, however, has almost completely eliminated the 
use of wet film processing and ultimately the waste water produced by 
photo labs. Restricting the discharge of photo lab drain discharges and 
the associated constituents of concern would protect and enhance the 
quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS and the seven statutory factors listed 
in CWA Sec.  312(n)(2)(B). EPA and DoD propose to prohibit the 
discharge of photographic laboratory drain discharges within waters 
subject to UNDS.

H. Seawater Cooling Overboard Discharge

1. Nature of the Discharge
    Seawater cooling overboard discharge is the discharge of seawater 
from a dedicated piping system that provides non-contact cooling water 
for other vessel systems (40 CFR 1700.4(r)). The seawater cooling 
system continuously provides cooling water to heat exchangers, removing 
heat from main propulsion machinery, electrical generating plants, and 
other auxiliary equipment. The cooling water is typically circulated 
through an enclosed system that does not come in direct contact with 
machinery, but still may contain sediment from water intake, traces of 
hydraulic or lubricating oils, and trace metals leached or eroded from 
the pipes within the system. In addition, because the discharge is used 
for cooling, the effluent will have an increased temperature.
    The discharge sometimes contains entrained or dissolved materials, 
sediment, and biota because seawater cooling water may come in contact 
with sea chests and hull connections. Sea chests and hull connections 
are equipped with sea strainer plates to prevent debris from entering 
the seawater cooling system (especially when in port or in coastal 
waters) and may accumulate sediment and biota from the seawater during 
this process.
    The generation rate of this discharge varies depending on many 
factors, including the type of vessel, equipment aboard, and vessel 
operating schedules (number of transits and days in port per year). 
Rates can vary from several gallons per minute (gpm) for smaller, 
diesel-powered ships to flows of greater than 170,000 gpm for aircraft 
carriers during full-power steaming. While transiting near port areas, 
vessels tend to operate their propulsion plants at low levels that are 
sufficient to maintain steering control and that do not require the 
maximum amount of seawater cooling. While anchored or pier-side, 
seawater cooling flow rates are at their lowest because only certain 
auxiliary equipment is required.
    All vessels of the Armed Forces (with the exception of some non-
self propelled service craft such as barges) use seawater for cooling. 
The majority of the volume of seawater cooling overboard discharge, 
however, is generated by approximately 10% of the vessel population 
(i.e., vessels greater than or equal to 79 feet in length).
    For more information regarding seawater cooling, please see the 
seawater cooling overboard discharge NOD in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Seawater cooling overboard discharges could negatively impact 
receiving waters due to the possible presence of metals, biota, and 
increased temperature. The constituents of concern include nitrogen, 
copper, iron, aluminum, zinc, nickel, tin, silver, titanium, arsenic, 
manganese, chromium, lead, and possibly oil and grease from valves and 
pumps. The nitrogen, copper, nickel, and silver could potentially 
contribute to an exceedance of relevant recommended water quality 
criteria. The potential also exists for the transport of ANS because 
the blowdown procedure for the strainer plates may dislodge biota that 
has grown on the plate over time. However, this may be mitigated by 
seawater piping biofouling prevention systems that reduce the discharge 
of potential ANS. Lastly, the temperature of the discharge could 
potentially contribute to an exceedance of relevant recommended water 
quality criteria for thermal mixing zones while in port. Restricting 
the discharge of seawater cooling and the associated constituents of 
concern would protect and enhance the quality of waters subject to 
UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B).
    EPA and DoD propose to require a performance standard that 
restricts the occurrence of the discharge. Specifically, the discharge 
should occur only when the vessel is underway. Discharges that occur 
when the vessel is underway ensure dispersion of any adverse thermal 
impacts. In addition, the standard would provide 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)

[[Page 6127]]

shore-based power supply systems are capable of providing the needed 
electricity; and (3) the vessel is equipped to connect to shore-based 
power. Certain discharges of cooling water associated with critical 
ship function (e.g., air conditioning system) cannot be eliminated by 
connecting to shore power and are expected to occur when the vessel is 
in port. Specifically, EPA and DoD propose to require that, for vessels 
that are greater than or equal to 79 feet in length, fouling organisms 
be removed from seawater piping on a regular basis and the discharge of 
such removed organisms would be prohibited within waters subject to 
UNDS. For vessels that are less than 79 feet in length, maintenance of 
all piping and seawater cooling systems would need to meet the 
requirements of 40 CFR 1700.32 (Seawater Piping Biofouling Prevention) 
and fouling organisms removed from seawater piping could not be 
discharged within waters subject to UNDS. Submarines have suction 
clearing procedures, which must be performed for vessel safety 
purposes; therefore, these operational procedures to remove fouling 
organisms are not subject to these requirements.

I. Seawater Piping Biofouling Prevention

1. Nature of the Discharge
    Seawater piping biofouling prevention is defined as the discharge 
of seawater containing additives used to prevent the growth and 
attachment of biofouling organisms in dedicated seawater cooling 
systems on selected vessels (40 CFR 1700.4(s)). Biofouling prevention 
is accomplished on certain vessels with on-board chlorinators that 
inject low concentrations of sodium hypochlorite, a chlorine solution, 
at or near seawater cooling system intakes. Seawater piping biofouling 
prevention can occur through several technologies. Some vessels prevent 
biofouling with electrolytic chlorinators that use naturally occurring 
dissolved chloride to generate chlorine. The resultant free chlorine 
and reaction products from saltwater are collectively called ``chlorine 
produced oxidants'' or CPO.
    Discharges from seawater biofouling treatment systems are 
continuous for as long as seawater cooling systems are in operation. 
The seawater is pumped through heat exchangers where the seawater 
absorbs heat and is then discharged overboard. The anti-biofouling 
systems are designed to prevent organisms from attaching to any part of 
seawater systems, resulting in the discharge of such organisms directly 
overboard in the same geographical area in which they are pulled into 
the system.
    The generation rate of this discharge varies depending on many 
factors, including the propulsion plant operating conditions and the 
system cooling requirements. There is a greater demand for cooling 
water when a vessel is underway because the propulsion plant is 
operating.
    Seawater biofouling prevention equipment is installed on U.S. Navy 
aircraft carriers, submarines, some MSC vessels, most surface 
combatants, newer amphibious support ships, many larger auxiliary 
ships, and some patrol ships, all of which represent fewer than 5% of 
the vessels of the Armed Forces.
    For more information regarding seawater piping biofouling, please 
see the seawater piping biofouling prevention NOD in Appendix A of the 
Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Seawater piping biofouling prevention discharges could negatively 
impact receiving waters due to the possible presence of chlorinated 
substances. For chlorinator biofouling prevention systems, chlorine is 
discharged in concentrations that could potentially contribute to an 
exceedance of relevant recommended water quality criteria. Restricting 
the discharge of seawater piping biofouling prevention and the 
associated constituents of concern would protect and enhance the 
quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose a performance standard for seawater piping biofouling 
prevention that minimizes the amount of biofouling chemicals (e.g., 
chlorine) used to keep fouling under control. In addition, fouling 
organisms would need to be removed via a cleaning event from seawater 
piping on a regular basis to minimize the impact to the receiving 
waters. Fouling organisms removed during a cleaning event would be 
prohibited from being discharged within waters subject to UNDS to 
prevent the spread of ANS. This prohibition would not apply to the 
discharge of organisms resulting from the routine chemical biofouling 
control system nor would it apply to submarines. Lastly, this 
performance standard would require practices consistent with FIFRA 
registration requirements for seawater piping biofouling chemicals and 
would prohibit discharges within waters subject to UNDS of pesticides 
or chemicals banned for use in the United States.

J. Small Boat Engine Wet Exhaust

1. Nature of the Discharge
    Small boat engine wet exhaust (SBEWE) is the seawater that is mixed 
and discharged with small boat propulsion engine exhaust to cool the 
exhaust and quiet the engine (40 CFR 1700.4(t)). SBEWE occurs on 
vessels that are less than 79 feet in length. Small boat engines 
commonly use seawater to both cool and quiet their exhaust. Seawater 
passes through the heat exchanger, gear oil cooler, and aftercooler (if 
equipped), and is then injected into the exhaust. When injected, some 
of the gaseous and solid components of the exhaust transfer into the 
cooling water; the cooling water then discharges into the receiving 
water. Thus, the cooling process can result in the accumulation of the 
following constituents: Oxides of nitrogen, sulfur dioxide, organic 
compounds (including hydrocarbons), carbon monoxide, and particulates.
    SBEWE discharge includes constituents from the engine exhaust that 
are transferred to the injected seawater and discharged overboard. The 
constituents discharged by outboard engines differ from those 
discharged by inboard engines due to the different fuel and engine 
types. Inboard engines usually discharge wet exhaust above the 
waterline. Outboard engines generally discharge wet exhaust underwater 
through the propeller hub. For naval vessels, EPA and DoD estimate that 
outboard engines discharge wet exhaust at a rate of 20 gpm while 
inboard diesel engines discharge at a rate of 150 gpm.
    Approximately all of the vessels of the Armed Forces less than 79 
feet in length (5,144) operate with engines that generate this 
discharge.
    For more information regarding SBEWE, please see the SBEWE NOD in 
Appendix A of the Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    SBEWE could negatively impact receiving waters due to the possible 
presence of nitrogen oxides, sulfur dioxide, carbon monoxide, 
hydrocarbons, and other organic compounds and particulates. 
Specifically, benzene, toluene, ethylbenzene, and naphthalene 
concentrations in two-stroke outboard

[[Page 6128]]

engines could potentially contribute to an exceedance of relevant 
recommended water quality criteria. Benzene and ethylbenzene 
concentrations in four-stroke outboard engine wet exhaust, and total 
polycyclic aromatic hydrocarbons in inboard engine wet exhaust also 
could potentially contribute to an exceedance of relevant recommended 
water quality criteria. Restricting the discharge of SBEWE and the 
associated constituents of concern would protect and enhance the 
quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B). EPA and DoD 
propose that alternative fuels be used to reduce the concentration of 
pollutants in the discharges from SBEWE. In addition, the performance 
standard would indicate that, for vessels generating wet exhaust, four-
stroke engines should be considered instead of two-stroke engines. 
Vessels using two-stroke engines would be required to use 
environmentally acceptable lubricants (found in the proposed definition 
for this term at 40 CFR 1700.3) unless such use would be 
technologically infeasible. Additionally, the standard would urge that 
low sulfur alternative fuels should be used to reduce the concentration 
of pollutants in discharges from small boat engine wet exhaust.

K. Welldeck Discharges

1. Nature of the Discharge
    Welldeck discharges are defined as the water that accumulates from 
seawater flooding of the docking well (welldeck) of an amphibious 
support ship used to transport, load, and unload amphibious vehicles, 
and from maintenance and freshwater washings of the welldeck and 
equipment and vessels stored in the welldeck (40 CFR 1700.4(y)). The 
welldeck is a floodable platform used for launching or loading small 
satellite amphibious vehicles, landing crafts, and cargo. Welldeck 
discharges may include the following: (1) Washout when the ship 
ballasts to embark or disembark landing craft; (2) water or detergent 
and water mixture used for air-cushion landing craft gas turbine engine 
washes; (3) graywater and condensate that can be discharged from the 
utility landing craft; (4) freshwater wash to remove salt and dirt from 
vehicles, equipment, and landing craft; and (5) U.S. Department of 
Agriculture washes for the welldeck, vehicle storage areas, and all 
vehicles, equipment, and landing craft during overseas operations. The 
constituents expected in welldeck discharges include freshwater, 
distilled water, firemain water, graywater, air-conditioning 
condensate, sea-salt residues, paint chips, wood splinters, dirt, sand, 
organic debris, oil, grease, fuel, detergents, combustion by-products, 
and lumber treatment chemicals.
    Depending on the specific activities conducted, welldeck discharges 
may contain a variety of residual constituents, including oil and 
grease, ethylene glycol (antifreeze), chlorine, detergents/cleaners, 
metals, solvents, ANS, and sea-salt residues. Effluent is discharged to 
the environment by washout or surge when landing craft are operating in 
the welldeck or when washdowns occur. Effluent from the various washes 
performed on the welldeck is either discharged as it drains overboard 
from the welldeck or is pumped overboard by an eductor, a vacuum-like 
device. The volume of the welldeck effluent varies depending on the 
type of landing craft to be loaded or unloaded.
    Only U.S. Navy amphibious support ships with welldecks, which 
represent fewer than 1% of the vessels of the Armed Forces, produce 
this discharge.
    For more information regarding welldeck discharges, please see the 
welldeck discharges NOD in Appendix A of the Technical Development 
Document--EPA 821-R-99-001.
2. Environmental Effects
    Welldeck discharges could negatively impact receiving waters due to 
the presence of oil and grease. These discharges have the potential to 
cause adverse environmental effects because oil drippings spilled 
during vehicle and equipment maintenance could leave an oil film on the 
deck surface. The oil has the potential to be discharged overboard when 
the welldeck becomes flooded and could possibly create an oil sheen 
that could potentially contribute to an exceedance of relevant 
recommended water quality criteria. Restricting the discharge of 
welldeck discharges and the associated constituents of concern would 
protect and enhance the quality of waters subject to UNDS.
3. Selection of Marine Pollution Control Device Performance Standard
    In selecting the proposed standard, EPA and DoD considered the 
information from Phase I of UNDS, the VGP effluent limitations, and the 
seven statutory factors listed in CWA Sec.  312(n)(2)(B).
    EPA and DoD propose to prohibit welldeck discharges containing 
graywater within waters subject to UNDS and would prohibit the washdown 
of gas turbine engines within three nautical miles of the United States 
to minimize the impact of oil and grease on nearshore waters. Welldeck 
discharges from equipment and vehicle washdowns would need to be free 
from garbage, and could 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 1664 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 of the Proposed Rule

    This section provides an overview of the additional amendments 
proposed for 40 CFR part 1700. These proposed changes include an 
amendment to subsections referenced Effect (Sec.  1700.2), a provision 
that would authorize certain discharges notwithstanding the proposed 
performance standards in situations where vessel safety or lives are 
endangered (Sec.  1700.39), a provision that would require combined 
discharge streams to meet the requirements applicable to all discharge 
streams that are combined (Sec.  1700.40), a proposed requirement for 
recordkeeping (Sec.  1700.41), and a proposed requirement to report 
instances of non-compliance with MPCD performance standards (Sec.  
1700.42).

1. Amendment to Subsections Referenced in Sec.  1700.2 Effect

    EPA and DoD are proposing to 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 Sec.  1700.14'' to ``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.''

[[Page 6129]]

2. Reservation of Sections

    As noted previously, EPA and DoD are proposing the Phase II 
standards in two batches. For the purpose of proposing the second 
batch, the proposal reserves the following sections for those future 
rulemaking actions:

Section 1700.15 Catapult Water Brake Tank & Post-Launch Retraction 
Exhaust;
Section 1700.17 Clean Ballast;
Section 1700.18 Compensated Fuel Ballast;
Section 1700.19 Controllable Pitch Propeller Hydraulic Fluid;
Section 1700.20 Deck Runoff;
Section 1700.21 Dirty Ballast;
Section 1700.24 Firemain Systems;
Section 1700.26 Graywater;
Section 1700.27 Hull Coating Leachate;
Section 1700.28 Motor Gasoline and Compensating Discharge;
Section 1700.34 Sonar Dome Discharge;
Section 1700.35 Submarine Bilgewater;
Section 1700.36 Surface Vessel Bilgewater/Oil-Water Separator Effluent 
(OWSE); and
Section 1700.37 Underwater Ship Husbandry.

3. Section 1700.39 Exceptions

    EPA and DoD propose to add an ``Exceptions'' subsection at Sec.  
1700.39, which would provide a place to identify certain excluded 
discharges from the scope of UNDS notwithstanding the proposed 
performance standards in situations where vessel safety or lives are 
endangered. The section also would identify requirements for 
maintaining records of all discharge exceptions.

4. Section 1700.40 Commingling of Discharges

    EPA and DoD propose to add a ``Commingling of Discharges'' 
subsection at Sec.  1700.40. By adding this subsection, EPA and DoD 
propose 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.

5. Section 1700.41 Records

    EPA and DoD propose to add a ``Records'' subsection at Sec.  
1700.41. By adding this subsection, EPA and DoD propose recordkeeping 
requirements that shall document all inspections, instances of non-
compliance, and instances of an exception.

6. Section 1700.42 Non-Compliance Reports

    EPA and DoD propose to add a ``Non-Compliance Reports'' subsection 
at Sec.  1700.42. By adding this subsection, EPA and DoD propose 
reporting requirements for any non-compliance with performance 
standards prescribed for this Part.

V. Related Acts of Congress 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'' under 
Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore 
not subject to review under Executive Orders 12866 and 13563 (76 FR 
3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden, 
as EPA and DoD have determined that Phase II of UNDS does not create 
any additional collections of information beyond those already mandated 
under the existing 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 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the proposed rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    The proposed rule has no direct effects on small entities as it 
only applies to discharges from a vessel of the Armed Forces. Small 
entities do not own or operate vessels of the Armed Forces. Hence, 
after considering the economic impacts of the proposed rule on small 
entities, EPA and DoD certify that this action will not have a 
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or tribal governments or the private 
sector. The action implements mandates specifically and explicitly set 
forth by the Congress in UNDS. The proposed rule contains no Federal 
mandates (under the regulatory provisions of Title II of the UMRA) for 
state, local, or tribal governments or the private sector because the 
rule imposes no enforceable duty on any of these entities. Therefore, 
the proposed rule is not subject to the requirements of sections 202 
and 205 of the UMRA. EPA and DoD have determined that the proposed rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments.
    In developing the proposed rule, EPA consulted with small 
governments under a plan developed pursuant to section 203 of UMRA 
concerning the regulatory requirements in the proposed rule that might 
significantly or uniquely affect small governments. EPA and DoD 
notified potentially affected small governments of those requirements; 
enabled officials of affected small governments to have meaningful and 
timely input into the development of regulatory proposals with any 
significant Federal intergovernmental mandates; and informed, educated, 
and advised small governments on compliance with the regulatory 
requirements. For more information on the consultations conducted with 
state and local or tribal governments, consult the sections below 
regarding Executive Order 13132 and Executive Order 13175, 
respectively.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires Federal agencies to

[[Page 6130]]

develop an accountable process to ensure ``meaningful and timely input 
by state and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, Federal agencies may not 
issue a regulation that has federalism implications and that preempts 
state law, unless the Agency consults with state and local officials 
early in the process of developing the proposed regulation.
    EPA and DoD concluded that the proposed rule, once finalized in 
Phase III, will have federalism implications. Once the proposed 
national 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, EPA and 
DoD provide the following federalism summary impact statement as 
required by section 6(c) of Executive Order 13132.
    During Phase I of UNDS, EPA and DoD conducted two rounds of 
consultation meetings (i.e., outreach briefings) to allow states 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. 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, EPA and DoD consulted again with state 
representatives early in the process of developing the proposed 
regulation. On March 14, 2013, EPA held a Federalism consultation in 
Washington, DC, and invited representatives from states and political 
subdivisions of states in order to obtain meaningful and timely input 
in the development of the proposed discharge standards. EPA and DoD 
informed the state representatives that the two agencies planned to use 
the VGP effluent limitations as a baseline for developing the proposed 
performance standards for the 25 UNDS discharges identified in Phase I 
as requiring control.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires Federal agencies to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' 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. EPA hosted a National Teleconference on March, 26, 2013, 
in order to obtain meaningful and timely input during the development 
of the proposed discharge standards. EPA and DoD informed the 
representatives that the two agencies planned to use the VGP effluent 
limitations as a baseline for developing the performance standards for 
the 25 UNDS discharges identified in Phase I as requiring control.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that is determined to be ``economically 
significant'' as defined under Executive Order 12866, and concerns an 
environmental health or safety risk that EPA and DoD have reason to 
believe may have a disproportionate effect on children. If the 
regulatory action meets both criteria, EPA and DoD must evaluate the 
environmental health or safety effects of the planned rule on children, 
and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by EPA and DoD.
    The proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in Executive Order 12866, 
and because EPA and DoD do not have reason to believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children. The 11 proposed 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 will reduce the impacts to 
the receiving waters and any person using the receiving waters, 
regardless of age. For these reasons, EPA and DoD do not have reason to 
believe that the proposed rule will present a disproportionate risk to 
children.

H. Executive Order 13211: Actions That Concern Regulations That 
Significantly Affect Energy Supply, Distribution, and Use

    The proposed rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because the proposed rule is not likely to have 
any adverse energy effects because it only applies to discharges 
incidental to the normal operation of a vessel of the Armed Forces. The 
11 discharges from a vessel of the Armed Forces do not affect energy 
supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs Federal agencies to use voluntary consensus standards in their 
regulatory activities unless doing so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. When available and 
potentially applicable voluntary consensus standards are not used by 
EPA or DoD, NTTAA requires EPA and DoD to provide Congress, through 
OMB, an explanation of the reasons for not using such standards.
    The proposed rule involves performance standards for certain 
discharges from a vessel of the Armed Forces. EPA and DoD performed a 
search to identify potentially applicable voluntary consensus 
standards. EPA and DoD determined that the ISO Method 9377--
determination of hydrocarbon oil index--is a voluntary consensus 
standard and is being used as part of the proposed UNDS performance 
standards.

J. Executive Order 13112: Invasive Species

    Executive Order 13112, entitled ``Invasive Species'' (64 FR 6183, 
February 8, 1999), requires each Federal

[[Page 6131]]

agency, whose actions may affect the status of invasive species, 
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 does or is likely 
to cause economic or environmental harm or harm to human health.
    As part of the environmental effects analyses, EPA and DoD 
considered the control of invasive species when developing the proposed 
discharge performance standards for all 11 discharges (See Section II). 
Therefore, the proposed discharge standards will help prevent or 
control the introduction of invasive species into federally-protected 
waters and waters subject to UNDS.

K. 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 and enhance 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. The proposed discharge standards are designed to 
control or eliminate the discharges incidental to the normal operation 
of a vessel of the Armed Forces, ultimately minimizing the potential 
for causing adverse impacts to the marine environment including coral 
reefs.

L. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February, 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The proposed discharge performance standards would only apply to a 
vessel of the Armed Forces and would ultimately increase environmental 
protection; therefore, EPA and DoD determined that the proposed 
discharge performance standards would not disproportionately and 
adversely affect minority or low-income populations.

VI. APPENDIX A--DESCRIPTION OF VESSELS OF THE ARMED FORCES

                                                    Table A-1
----------------------------------------------------------------------------------------------------------------
                                                             Total vessels of the armed forces
                                         -----------------------------------------------------------------------
                                            Large vessels  (greater than or   Small vessels  (less than 79 feet)
               Vessel type                         equal to 79 feet)         -----------------------------------
                                         ------------------------------------
                                                Count         % of vessels          Count         % of vessels
----------------------------------------------------------------------------------------------------------------
Aircraft Carriers.......................                11                 1  ................  ................
Amphibious Support Ships................                37                 3  ................  ................
Auxiliary Ships.........................               368                32  ................  ................
Boats...................................  ................  ................             5,132               100
Patrol Ships............................               203                17  ................  ................
Service Craft...........................               355                31                12               < 1
Submarines..............................                72                 6  ................  ................
Surface Combatants......................               115                10  ................  ................
                                         -----------------------------------------------------------------------
        Total...........................             1,161               100             5,144               100
----------------------------------------------------------------------------------------------------------------
Table A-1 provides information regarding the composition of vessels of the Armed Forces by vessel type and
  vessel size.

    Aircraft Carriers: These are the largest vessels of the Armed 
Forces. They are designed primarily for conducting combat operations by 
fixed wing aircraft that are launched with catapults. Nuclear energy 
powers all vessels in this group. Aircraft carriers exceed 1,000 feet 
in length, and have crews of 4,000 to 6,000. Except during transit in 
and out of port, these vessels operate predominantly seaward of waters 
subject to UNDS.
    Amphibious Support Ships: These are large vessels, ranging in 
length from 569 feet to 847 feet, designed to support amphibious 
assault operations. Many of these vessels have large clean ballast 
tanks used to lower and raise the hull during amphibious operations, 
and welldecks to support the recovery of landing crafts and amphibious 
vehicles. These large ocean-going vessels may operate within waters 
subject to UNDS during training and testing of equipment.
    Auxiliary Ships: This is a large and diverse group of self-
propelled vessels with lengths equal to or greater than 79 feet and 
designed to provide general support to either combatant forces or 
shore-based establishments. These ships fulfill multiple duties 
including but not limited to transporting supplies (e.g., fuel, 
ammunitions) and troops to and from the theater of operations, 
executing mine countermeasures operations, conducting research, 
maintaining navigations systems (e.g., buoys), and recovering targets 
and drones. This vessel class has crew sizes ranging from 10 to 200 
people. Depending on mission and operation requirements, these vessels 
operate both within and seaward of waters subject to UNDS.
    Boats: This type of vessel encompasses 81% of the vessels of the 
Armed Forces and includes all self-propelled vessels less than 79 feet 
in length. These vessels are used for such roles as security, combat 
operations, rescue, and training. Because of their relative small size, 
these vessels have small crews that range from 1 to 19, and produce 
limited sources of liquid discharges. These vessels operate 
predominantly within waters subject to UNDS, but may operate seaward of

[[Page 6132]]

waters subject to UNDS when deployed from larger ships.
    Patrol Ships: These are self-propelled vessels with lengths equal 
to or greater than 79 feet, and are designed to conduct patrol duties 
(i.e., maritime homeland security, law enforcement, and national 
defense missions). Vessels in this group have crew sizes ranging from 
10 to 200. Some vessels in this group may operate seaward of waters 
subject to UNDS, but the majority predominantly operates within waters 
subject to UNDS conducting security patrol missions.
    Service Craft: This is a diverse group of non-self-propelled vessel 
classes designed to provide general support to other vessels in the 
Armed Forces fleet or shore-based establishments. Vessel classes in 
this group have an average length of 155 feet with more than 95% of 
them being between 40 feet and 310 feet. While most of these vessels 
have a very limited crew or no crew, barracks craft can provide 
sleeping accommodations for 100 to 1,200 crew members. These vessels 
include multiple barges and lighter designs, dredges, floating dry 
docks, floating cranes, floating causeway ferries, floating roll-on-off 
discharge facilities, dry deck shelters, floating workshops, and 
floating barracks. These vessels operate predominantly within waters 
subject to UNDS.
    Submarines: These submersible combat vessels powered with nuclear 
energy can fulfill combatant, auxiliary, or research and development 
roles. Except during transit in and out of port, these vessels operate 
predominantly seaward of waters subject to UNDS.
    Surface Combatants: These are surface ships designed primarily to 
engage in attacks against airborne, surface, sub-surface, and shore 
targets. Vessel classes in this group range in length from 378 feet to 
567 feet, and have crew sizes that range from 40 for the Littoral 
Combat Ship to under 400 for a Guided Missile Destroyer or Cruiser. 
Except during transit in and out of port, these vessels operate 
predominantly seaward of waters subject to UNDS.

Uniform National Discharge Standards for Vessels of the Armed Forces--
Phase II

List of Subjects in 40 CFR Part 1700

    Environmental protection, Armed Forces, Vessels, Coastal zone, 
Reporting and recordkeeping requirements, Water pollution control.

    Dated: December 20, 2013.
Gina McCarthy,
Administrator, Environmental Protection Agency.
    Dated: January 15, 2014.
Dennis McGinn,
Assistant Secretary of the Navy,Energy, Installations & Environment.

    For the reasons stated in the preamble, title 40, chapter VII, of 
the Code of Federal Regulations is proposed to be 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 Armed Forces vessels that require 
control within the navigable waters of the United States 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. Section 1700.3 is amended by adding in alphabetical order 
definitions for ``Bioaccumulative,'' ``Biodegradable,'' 
``Environmentally acceptable lubricants,'' ``Federally-protected 
waters,'' ``Hazardous material,'' ``Non-toxic,'' ``Person in charge,'' 
``Toxic materials,'' and ``Waters subject to UNDS'' to read as follows:


Sec.  1700.3  Definitions.

* * * * *
    Bioaccumulative means the partition coefficients in the marine 
environment are log Kow >3 using test Methods OECD 117 and 107.
    Biodegradable means:
    (1) Regarding cleaning products and environmentally acceptable 
lubricants, ``biodegradable'' means the compound or mixture in question 
that is subject either to the removal of at least 70 percent of 
dissolved organic carbon, production of at least 60 percent of the 
theoretical carbon dioxide, or consumption of at least 60 percent of 
the theoretical oxygen demand within 28 days. Acceptable test methods 
include: Organization for Economic Co-operation and Development Test 
Guidelines 301 A-F, 306, and 310, and International Organization for 
Standardization 14593:1999.
    (2) Regarding biocidal substances, ``biodegradable'' means the 
compound or mixture in question yields 60 percent of its theoretical 
maximum carbon dioxide and demonstrate a removal of at least 70 percent 
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'' and ``non-toxic,'' and are not ``bioaccumulative'' as 
defined in this Subpart. Products meeting the definition of 
``environmentally acceptable lubricant'' include those labeled by the 
following labeling programs: Blue Angel, European Ecolabel, Nordic 
Swan, the Swedish Standards SS 1554434 and 155470, Convention for the 
Protection of the Marine Environment of the North-East Atlantic (OSPAR) 
requirements, and EPA's Design for the Environment (DfE).
* * * * *
    Federally-protected waters means waters within 12 nautical 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.
* * * * *
    Non-toxic means a substance must pass both OECD 201, 202, and 203 
for acute toxicity testing, and OECD 210 and 211 for chronic toxicity 
testing. If a substance is evaluated for the formulation and main 
constituents, the LC50 of hydraulic fluids must be at least

[[Page 6133]]

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 percent 
of hydraulic 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 percent of hydraulic 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 percent of hydraulic fluids can have an LC50 
less than 1 mg/L or a NOEC between 0-0.1 mg/L.
    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.
    (1) Examples of a PIC include but are not limited to:
    (i) A Commanding Officer, Officer in Charge, or senior commissioned 
officer on board the vessel;
    (ii) 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;
    (iii) A Tugmaster, Craftmaster, Coxswain, or other senior enlisted 
person onboard the vessel;
    (iv) A licensed civilian mariner onboard a Military Sealift Command 
vessel; or
    (v) 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 [Reserved].
1700.18 [Reserved].
1700.19 [Reserved].
1700.20 [Reserved].
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 [Reserved].
1700.27 [Reserved].
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 [Reserved].
1700.35 [Reserved].
1700.36 [Reserved].
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 vessels that sail seaward of waters subject to UNDS at 
least once per month, discharges of AFFF are prohibited (i.e., collect 
and store for on shore disposal or discharge when the vessel is located 
seaward of waters subject to UNDS).
    (c) For vessels that do not sail seaward of waters subject to UNDS 
at least once per month:
    (1) Discharges of fluorinated AFFF are prohibited (i.e., collect 
and store for onshore disposal or discharge when the vessel is located 
seaward of waters subject to UNDS); and
    (2) Discharges of a non-fluorinated or alternative foaming agent 
are prohibited in port or in or near federally-protected waters, and 
should 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 vessels that sail seaward of waters subject to UNDS at 
least once per month, chain lockers shall not be rinsed or pumped out 
within waters subject to UNDS. If technically feasible, the chain 
locker shall be periodically cleaned, rinsed, and/or the accumulated 
water and sediment (i.e., chain locker effluent) shall be pumped out 
prior to entering waters subject to UNDS (preferably in mid-ocean).
    (d) For vessels that do not sail seaward of waters subject to UNDS 
at least once per month, if a discharge of chain locker effluent occurs 
within waters subject to UNDS it shall occur at the greatest distance 
practicable from shore and, if technically feasible, shall not be 
discharged in federally-protected waters.


Sec.  1700.17  [Reserved].


Sec.  1700.18  [Reserved].


Sec.  1700.19  [Reserved].


Sec.  1700.20  [Reserved].


Sec.  1700.21  [Reserved].


Sec.  1700.22  Distillation and reverse osmosis brine.

    Brine from the distillation system and reverse osmosis reject water 
shall not be discharged if it comes 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.

    Direct discharges of elevator pit effluent overboard are 
prohibited. 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:
    (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 
1664 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

[[Page 6134]]

    (d) Otherwise are harmful to the public health or welfare of the 
United States.


Sec.  1700.24  [Reserved].


Sec.  1700.25  Gas turbine water wash.

    Direct discharges of gas turbine water wash overboard are 
prohibited. Gas turbine water wash should be collected separately and 
disposed of at an onshore facility. 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:
    (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 
1664 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.  1700.26  [Reserved].


Sec.  1700.27  [Reserved].


Sec.  1700.28  [Reserved].


Sec.  1700.29  Non-oily machinery wastewater.

    If non-oily machinery wastewater is discharged directly overboard 
or if it is commingled with any other discharge for the purposes of 
treatment prior to discharge, then the discharge must be free from any 
additives that are toxic or bioaccumulative in nature and under no 
circumstances may oils, including oily mixtures be discharged from that 
combined discharge 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 
1664 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.

    Direct discharges of photographic laboratory drains overboard are 
prohibited.


Sec.  1700.31  Seawater cooling overboard discharge.

    For discharges from vessels that are less than 79 feet in length:
    (a) When possible, non-contact engine cooling water, hydraulic 
system cooling water, refrigeration cooling water and other seawater 
cooling overboard discharges should occur when the vessel is underway 
in order to minimize any thermal impacts to the receiving water.
    (b) To reduce the production and discharge of seawater cooling 
overboard discharge, the vessel should use shore based power when in 
port if:
    (1) Shore power is readily available for the vessel from utilities 
or port authorities; and
    (2) Shore based power supply systems are capable of providing all 
needed electricity required for vessel operations; and
    (3) The vessel is equipped to connect to shore-based power and such 
systems are compatible with the available shore power.
    (c) Fouling organisms must be removed from seawater piping on a 
regular basis. Fouling organisms removed during cleanings shall not be 
discharged.
    For discharges from vessels that are greater than or equal to 79 
feet in length:
    (d) When possible, non-contact engine cooling water, hydraulic 
system cooling water, refrigeration cooling water and other seawater 
cooling overboard discharges should occur when the vessel is underway 
in order to minimize any thermal impacts to the receiving waters.
    (e) To reduce the production and discharge of seawater cooling 
overboard discharge, the vessel should use shore based power when in 
port if:
    (1) Shore power is readily available for the vessel from utilities 
or port authorities; and
    (2) Shore based power supply systems are capable of providing all 
needed electricity required for vessel operations; and
    (3) The vessel is equipped to connect to shore-based power and such 
systems are compatible with the available shore power.
    (f) 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 shall 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) 
(40 CFR 152.15) must be used in accordance with the FIFRA label. 
Pesticides or chemicals banned for use in the United States shall not 
be discharged.
    (b) Only the minimum amount of biofouling chemicals should 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, fouling organisms 
removed during cleanings shall not be discharged.


Sec.  1700.33  Small boat engine wet exhaust.

    For discharges from vessels that are less than 79 feet in length:
    (a) Vessels generating small boat engine wet exhaust must be 
maintained 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.
    (b) Low sulfur or alternative fuels should be used to reduce the 
concentration of pollutants in discharges from small boat engine wet 
exhaust.
    (c) If possible, use four-stroke engines instead of two-stroke 
engines for vessels generating small boat engine wet exhaust. Use of a 
four-stroke engine may minimize the discharge of pollutants.
    (d) 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.  1700.34  [Reserved].


Sec.  1700.35  [Reserved].


Sec.  1700.36  [Reserved].


Sec.  1700.37  [Reserved].


Sec.  1700.38  Welldeck discharges.

    Welldeck discharges that contain graywater from smaller vessels are 
prohibited. Welldeck discharges containing washdown from gas turbine 
engines are prohibited within three nautical miles of the United States 
and shall be discharged seaward of waters subject to UNDS when 
possible. Welldeck discharges from equipment and vehicle washdowns must 
be free from garbage and must not contain oil in quantities that:

[[Page 6135]]

    (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 
1664 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.  1700.39  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 person in charge (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 shall be generated and maintained in the ship's 
logs (main, engineering, and/or damage control) or an UNDS Record Book 
and shall 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 shall maintain complete records of the following 
information:
    (1) Any inspection or recordkeeping requirement as specified in 
Sec. Sec.  1700.14-1700.38;
    (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.  1700.14-1700.38. The information 
recorded shall 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 EPA, states, or the U.S. Coast 
Guard upon request. Any information made available upon request shall 
be appropriately classified, as applicable, and handled in accordance 
with applicable legal requirements regarding national security.


Sec.  1700.42  Non-compliance reports.

    The person in charge (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. 2014-01370 Filed 1-31-14; 8:45 am]
BILLING CODE 6560-50-P


