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: Pre-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.

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 EPA and DoD to jointly establish MPCB performance standards by regulation (Phase II) for which it is "reasonable and practicable" to require a "marine pollution control device." Phase II is currently underway and will establish performance standards to control the 25 discharges in two separate rulemakings. The EPA and DoD, in consultation with the U.S. Coast Guard, are working together to develop MPCD performance standards for the discharges. The EPA and DoD published an NPRM for Phase II - Batch One in January 2014. Batch One included the following 11 discharges: aqueous film forming foam, chain locker effluent, distillation and reverse osmosis brine, elevator pit effluent, gas turbine water wash, non-oily machinery wastewater, photographic laboratory drains, seawater cooling overboard discharge, seawater piping biofouling prevention, small boat engine wet exhaust, and well deck discharges. The EPA and DoD are now beginning work on Phase II - Batch Two, which will include the following 14 discharges: catapult water brake tank & post-launch retraction exhaust, clean ballast, compensated fuel ballast, controllable pitch propeller hydraulic fluid, deck runoff, dirty ballast, firemain systems, graywater, hull coating leachate, motor gasoline compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator, and underwater ship husbandry. Some of these discharges have the potential to introduce oil or other organics into receiving waters (such as bilge water); some have the potential to introduce copper or other metals (such as hull coating leachate); and some have the potential to introduce aquatic nuisance species (such as ballast water).

NPRM: Published in FR07/2016 (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

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

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