Regulatory Development and Retrospective Review Tracker

Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II - Batch Two (UNDS)

a.k.a. Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II - Batch Two (UNDS)

RIN: 2040-AF53 (What's this?)

Docket No.: Not yet available (What's this?)

Current Phase: Proposal (What's this?)

In 1996 the Clean Water Act was amended to create section 312(n), "Uniform National Discharge Standards (UNDS) for Vessels of the Armed Forces." Section 312(n) directs the EPA and DoD to establish national discharge standards for discharges incidental to the normal operation of a vessel of the Armed Forces.

These national standards will preempt state discharge standards for these vessels though states will be able to enforce the uniform national standards. The EPA and DoD jointly promulgated Phase I of these regulations, 40 CFR part 1700, on May 10, 1999 (64 FR 25126). Phase I concluded that 25 out of 39 discharges from Armed Forces vessels would require the EPA and DoD to jointly establish performance standards by regulation (Phase II) for which it is "reasonable and practicable" to require a "marine pollution control device." Some of these discharges have the potential to introduce oil or other organics into receiving waters (such as bilge water); some have the potential to introduce copper or other metals (such as hull coating leachate); and some have the potential to introduce aquatic nuisance species (such as ballast water). Phase II of these regulations will establish performance standards to control the 25 discharges in three separate rulemakings. The EPA and DoD published the UNDS Phase II - Batch One Notice of Proposed Rulemaking on February 3, 2014; the comment period closed on April 4, 2014. Batch One included the following 11 discharges: aqueous film forming foam, chain locker effluent, distillation and reverse osmosis brine, elevator pit effluent, gas turbine water wash, non-oily machinery wastewater, photographic laboratory drains, seawater cooling overboard discharge, seawater piping biofouling prevention, small boat engine wet exhaust, and well deck discharges. Phase II - Batch Two (current action) will include performance standards for the following 11 discharges: catapult water brake tank & post-launch retraction exhaust, controllable pitch propeller hydraulic fluid, deck runoff, firemain systems, graywater, hull coating leachate, motor gasoline compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator, and underwater ship husbandry. Phase II - Batch Three (future rulemaking) will include performance standards for the three ballast related discharges.

NPRM: Comment Period Open10/07/2016
NPRM: Published in FR10/07/2016
NPRM: Comment Period Closed12/06/2016
Final Rule: Published in FR09/2018 (projected)

Potential Effects

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

This rulemaking is likely to have federalism implications, as defined by E.O. 13132.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking did not undergo review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR part 1700

Legal Authority
33 U.S.C. 1251 et seq Clean Water Act