[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Proposed Rules]
[Pages 6117-6135]
[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<PHONE_NUMBER>, to schedule an appointment.
    Email<EMAIL_ADDRESS>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

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;<PHONE_NUMBER><EMAIL_ADDRESS>or Mike
Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm 2D253),
Washington, DC 20350-2000;<PHONE_NUMBER><EMAIL_ADDRESS>
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.

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

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).

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<EMAIL_ADDRESS>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

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

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.

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

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.

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)

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

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.''

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

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

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

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

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

    (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:

    (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.