[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Proposed Rules]
[Pages 45298-45335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22533]



[[Page 45297]]

_______________________________________________________________________

Part II

Environmental Protection Agency

Department of Defense
_______________________________________________________________________



40 CFR Chapter VII and Part 1700



Uniform National Discharge Standards for Vessels of the Armed Forces; 
Proposed Rule

  Federal Register / Vol. 63, No. 164 / Tuesday, August 25, 1998 / 
Proposed Rules  

[[Page 45298]]



ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF DEFENSE

40 CFR Chapter VII and Part 1700

[FRL-6145-4]
RIN 2040-AC96


Uniform National Discharge Standards for Vessels of the Armed 
Forces

AGENCY: Environmental Protection Agency (EPA) and Department of Defense 
(DOD).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule describes the types of discharges generated 
incidental to the normal operation of Armed Forces vessels and 
identifies which of these discharges the Armed Forces will be required 
to control, and which vessel discharges will not require pollution 
controls.
    Today's proposal also addresses; the mechanism by which States can 
petition EPA and DOD to review whether or not a discharge should 
require control by a marine pollution control device (MPCD), or to 
review a Federal performance standard for a MPCD; the effect on State 
regulation of vessel discharges; and the processes to be followed by 
EPA and States when establishing no-discharge zones (where any release 
of a specified discharge is prohibited).
    This is the first phase of a three-phased process to set uniform 
national discharge standards (UNDS) for Armed Forces vessels. Phase I 
will establish which types of discharges warrant control and which do 
not, based on consideration of the anticipated environmental effects of 
the discharge and other factors listed at section 312(n) of the Clean 
Water Act. Phase II will promulgate MPCD performance standards, and 
Phase III will specify requirements for the design, construction, 
installation, and use of MPCDs.
    Uniform national discharge standards will result in enhanced 
environmental protection because standards will be established for 
certain discharges that currently are not regulated comprehensively. 
These standards will also advance the ability of the Armed Forces to 
better design and build environmentally sound vessels, to train crews 
to operate vessels in a manner that is protective of the environment, 
and to maintain operational flexibility both domestically and 
internationally. In addition, these standards are expected to stimulate 
the development of innovative vessel pollution control technology.

DATES: Comments on the proposed rule must be received or postmarked by 
October 9, 1998. For information on submitting comments on the draft 
information collection request that was prepared for the proposed rule, 
see SUPPLEMENTARY INFORMATION ``How to Submit Comments on the 
Information Collection Request.''

ADDRESSES: Send written comments on the proposed rule to: Docket W-97-
21 UNDS Comment Clerk, Water Docket, Mail Code 4101, U.S. EPA, 401 M 
Street SW., Washington, DC 20460. Please submit an original and three 
copies of your comments and enclosures (including references). No 
facsimiles (faxes) will be accepted. Commenters requesting 
acknowledgment that their comments were received should enclose a self-
addressed stamped envelope with their comments. Comments may also be 
filed electronically to [email protected]. Electronic comments must be 
submitted as an ASCII or WordPerfect file avoiding the use of special 
characters and any form of encryption. Electronic comments must be 
identified by the docket number W-97-21 and may be filed online at many 
Federal Depository Libraries.
    The record for this proposed rulemaking has been established under 
docket number W-97-21 and is available for review at the Office of 
Water Docket, Room EB-57, 401 M Street SW., Washington, DC The record 
is available for inspection from 9:00 a.m. to 4:00 p.m., Monday through 
Friday, excluding legal holidays. For access to docket materials, 
please call (202) 260-3027 to schedule an appointment.
    For information on how to obtain a copy of the Information 
Collection Request (ICR) that has been prepared for this proposed rule, 
or for information on where to submit comments on the draft ICR 
document, see SUPPLEMENTARY INFORMATION ``How to Submit Comments on the 
Information Collection Request.''

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Stapleton (U.S. EPA) at 
(202) 260-0141, or Mr. David Kopack (U.S. Navy) at (703) 602-3594 ext. 
243.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    This proposed rule would apply to discharges incidental to the 
normal operation of vessels of the Armed Forces, establish procedures 
for States to petition EPA and DOD to review whether a discharge should 
be controlled, and establish procedures for creating no-discharge zones 
in State waters. Regulated categories and entities include:

------------------------------------------------------------------------
              Category                  Examples of regulated entities  
------------------------------------------------------------------------
Federal Government..................  Vessels of the Armed Forces,      
                                       including the Navy, Military     
                                       Sealift Command, Marine Corps,   
                                       Army, Air Force, and Coast Guard.
------------------------------------------------------------------------

    The preceding table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this proposed action. This table lists the types of entities that 
EPA and DOD are now aware could potentially be regulated by this 
action. Other types of entities not listed in the table could also be 
regulated. To determine whether a particular category of vessel, 
discharge from a vessel, or governmental entity is regulated by this 
proposed action, carefully examine the applicability criteria at 
proposed 40 CFR 1700.1 in the regulatory text following this preamble. 
For answers to questions regarding the applicability of this proposed 
action to a particular entity, consult one of the persons listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

Exclusions

    This 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 Army Corps of 
Engineers; vessels, other than those of the Coast Guard, under the 
jurisdiction of the Department of Transportation; vessels preserved as 
memorials and museums; time- and voyage-chartered vessels; vessels 
under construction; vessels in drydock; and amphibious vehicles.

Supporting Documentation

    The technical basis for this proposed rule is detailed in the 
``Technical Development Document for Proposed Phase I Uniform National 
Discharge Standards for Vessels of the Armed Forces'' (EPA-821-R-98-
009), hereafter referred to as the Technical Development Document. This 
background document is available through EPA's Internet Home Page at 
http://www.epa.gov/OST/rules, or through the UNDS Internet Home Page at 
http://206.5.146.100/n45/doc/unds/unds.html. This document is also 
available from the EPA Water Resource Center, Room EB-47, 401 M Street 
SW., Washington, DC 20460; telephone (202) 260-7786 for the voice mail 
publication request line.

[[Page 45299]]

How To Submit Comments on the Information Collection Request

    An Information Collection Request (ICR) document has been prepared 
by EPA (ICR No.1791.02, amending the collection with OMB control #2040-
0187) and a copy may be obtained from Sandy Farmer by mail at OPPE 
Regulatory Information Division; U.S. Environmental Protection Agency 
(2137); 401 M St., SW; Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may 
also be downloaded off the internet at http://www.epa.gov/icr.
    Send comments on the ICR to the Director, OPPE Regulatory 
Information Division, U.S. Environmental Protection Agency (2137), 401 
M St., S.W., Washington, DC 20460, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., NW, 
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Include the ICR number in any correspondence. Since OMB is required to 
make a decision concerning the ICR between 30 and 60 days after August 
25, 1998, a comment to OMB is best assured of having its full effect if 
OMB receives it by September 24, 1998.

Overview

    This preamble describes the legal authority, background, technical 
basis, and other aspects of the proposed regulation. The definitions, 
acronyms, and abbreviations used in this proposed rule are defined in 
appendix A to the preamble. The regulatory text for this proposed rule 
(40 CFR Part 1700) follows the preamble.

Organization of This Document

I. Purpose and Summary of This Rulemaking
    A. Pollution Control Requirements for Vessel Discharges
    B. Effect on State and Local Laws and Regulations
II. Legal Authority and Background
    A. Clean Water Act Statutory Requirements
    B. Summary of Public Outreach and Consultation With States and 
Federal Agencies
III. Description of Armed Forces Vessels
    A. U.S. Navy
    B. Military Sealift Command (MSC)
    C. U.S. Coast Guard
    D. U.S. Army
    E. U.S. Marine Corps
    F. U.S. Air Force
    G. Vessels Not Covered by This Proposed Rule
IV. Summary of Data Gathering Efforts
    A. Surveys and Consultations
    B. Sampling and Analysis
V. Marine Pollution Control Device (MPCD) Requirements
    A. Overview of Assessment Methodology
    B. Peer Review
    C. Discharges Requiring the Use of a MPCD
    D. Discharges That Do Not Require Use of a MPCD
VI. Section-By-Section Analysis of the Regulation
    A. Subpart A--Scope
    B. Subpart B--Discharge Determinations
    C. Subpart C--Effect on States
    D. Subpart D--MPCD Performance Standards
VII. Related Acts of Congress and Executive Orders
    A. Executive Order 12866
    B. Unfunded Mandates Reform Act and Executive Order 12875
    C. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act
    D. Paperwork Reduction Act
    E. Executive Order 13045
    F. Endangered Species Act
    G. National Technology Transfer and Advancement Act
Appendix A to the Preamble--Abbreviations, Acronyms, and Other Terms 
Used in This Document

I. Purpose and Summary of This Rulemaking

A. Pollution Control Requirements for Vessel Discharges

    Today's document proposes to create a new 40 CFR Part 1700 
establishing uniform national discharge standards that would apply to 
discharges incidental to the normal operation of vessels of the Armed 
Forces. Incidental discharges include effluent from the normal 
operation of vessel systems or hull protective coatings, but do not 
include such things as emergency discharges, air emissions, or 
discharges of trash. These proposed regulations identify discharges 
that would require control through the use of marine pollution control 
devices (MPCDs). This document also identifies discharges that are 
proposed to be excluded from any requirement for a marine pollution 
control device because of their low potential for causing environmental 
impacts.
    This proposed rule addresses 39 types of discharges from Armed 
Forces vessels. EPA and DOD are proposing to require the use of MPCDs 
to control 25 of these discharges. These discharges are listed in Table 
1 and described in section V.C of the preamble. Section V.C also 
discusses whether and to what extent the discharges have the potential 
to cause adverse impacts on the marine environment, the availability of 
MPCDs to mitigate adverse impacts, and the rationale for proposing to 
require the use of MPCDs.

     Table 1.--Discharges Requiring Marine Pollution Control Devices    
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
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.                                              
Welldeck Discharges.                                                    
------------------------------------------------------------------------

    For 14 types of vessel discharges, EPA and DOD have determined that 
it is not reasonable and practicable to require the use of MPCDs 
because these discharges, listed in Table 2, exhibit a low potential 
for causing adverse impacts on the marine environment. Section V.D of 
the preamble describes each of these discharges and the reasons why 
MPCDs would not be required.

               Table 2.--Discharges Exempted From Controls              
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
Boiler Blowdown.                                                        
Catapult Wet Accumulator Discharge.                                     
Cathodic Protection.                                                    
Freshwater Lay-up.                                                      
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.                          
Submarine Outboard Equipment Grease and External Hydraulics.            
------------------------------------------------------------------------

B. Effect on State and Local Laws and Regulations

    This proposed rule, identifying which vessel discharges require 
control, is the first step of a three-phased process to establish 
uniform national discharge

[[Page 45300]]

standards under section 312(n) of the Clean Water Act (CWA). 
Establishing MPCD performance standards and promulgating regulations 
governing the design and use of MPCDs will be accomplished in the 
second and third phases of the UNDS process. The standards being 
proposed today affect State and local laws and regulations in several 
ways. Under section 312(n)(6) of the Clean Water Act (CWA), States and 
their political subdivisions would be prohibited from adopting or 
enforcing any State or local statute or regulation with respect to the 
discharges listed in Table 2 once this proposed rule is in effect, 
other than to establish no-discharge zones for these discharges. States 
and their political subdivisions would be similarly prohibited from 
adopting or enforcing any statutes or regulations affecting the 
discharges listed in Table 1 once regulations governing MPCDs for those 
discharges are in effect.
    Second, this notice proposes the procedural mechanisms by which a 
State can petition EPA and DOD to review whether a discharge should 
require control by a MPCD. Finally, this proposed rule would codify the 
process for establishing no-discharge zones (where any release of a 
specified discharge is prohibited) where necessary to protect and 
enhance the quality of some or all of the waters within a State. These 
procedures, contained in proposed 40 CFR 1700.6 through 1700.13, are 
discussed in section VI of this preamble.

II. Legal Authority and Background

A. Clean Water Act Statutory Requirements

    Section 325 of the National Defense Authorization Act of 1996, 
entitled ``Discharges from Vessels of the Armed Forces'' (Pub. L. 104-
106, 110 Stat. 254), amended section 312 of the Federal Water Pollution 
Control Act (also known as the Clean Water Act, or CWA) to require the 
Secretary of Defense (Secretary) and the Administrator of the United 
States Environmental Protection Agency (Administrator) to develop 
uniform national standards to control certain discharges from vessels 
of the Armed Forces. Congress established requirements for the 
development of uniform national discharge standards to (1) enhance the 
operational flexibility of vessels of the Armed Forces domestically and 
internationally, (2) stimulate the development of innovative vessel 
pollution control technology, and (3) advance the development by the 
U.S. Navy of environmentally sound ships. The term ``UNDS'' is used in 
this preamble to refer to the provisions in section 312(n) of the CWA 
(33 U.S.C. 1322(n)).
    UNDS applies to vessels of the Armed Forces and discharges (other 
than sewage) incidental to their normal operation, unless the Secretary 
finds that compliance with UNDS would not be in the national security 
interests of the United States (see CWA section 312(n)(1)). UNDS does 
not apply to discharges overboard of rubbish, trash, garbage, or other 
such materials; air emissions resulting from a vessel propulsion 
system, motor driven equipment, or incinerator; or discharges that 
require permitting under the National Pollutant Discharge Elimination 
System (NPDES) program, 40 CFR part 122 (see CWA section 312(a)(12)).
    UNDS is applicable to discharges of Armed Forces vessels in the 
navigable waters of the United States and the contiguous zone. As 
defined in section 502(7) of the CWA, the term ``navigable waters'' 
means waters of the United States, including the Great Lakes, and 
includes waters seaward from the coastline to a distance of 3 nautical 
miles from the shore of the States, District of Columbia, Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal 
Zone, and the Trust Territories of the Pacific Islands. The contiguous 
zone extends from 3 nautical miles to 12 nautical miles from the 
coastline. UNDS is not enforceable beyond the contiguous zone.
    Although UNDS makes no changes to the regulation of sewage from 
vessels, UNDS was patterned after provisions for the control of vessel 
sewage discharges in the CWA (sections 312(a)--(m)). These provisions 
require promulgation of Federal standards for performance of marine 
sanitation devices, preemption of State regulation of marine sanitation 
devices, and the opportunity to establish no-discharge zones (see CWA 
sections 312(a)-(m) and 40 CFR part 140).
    UNDS requires EPA and the Department of Defense (DOD) to develop 
regulations and performance standards for controlling discharges 
incidental to the normal operation of Armed Forces vessels where EPA 
and DOD determine that it is reasonable and practicable to require use 
of a marine pollution control device (MPCD) to mitigate adverse impacts 
on the marine environment. The UNDS regulations are to be developed in 
three phases:
    Phase I: The first phase requires DOD and EPA to determine Armed 
Forces vessel discharges for which it is reasonable and practicable to 
require control with a MPCD to mitigate potential adverse impacts on 
the marine environment (CWA section 312(n)(2)). The UNDS legislation 
states that a MPCD may be a piece of equipment or a management practice 
designed to control a particular discharge (CWA section 312(a)(13)). 
DOD and EPA are required to consider seven factors in determining 
whether a discharge requires a MPCD (CWA section 312(n)(2)(B)):
     The nature of the discharge.
     The environmental effects of the discharge.
     The practicability of using the MPCD.
     The effect that installing or using the MPCD has on the 
operation or the operational capability of the vessel.
     Applicable United States law.
     Applicable international standards.
     The economic costs of installing and using the MPCD.
    The UNDS legislation requires DOD and EPA to consult with the 
Secretary of the department in which the Coast Guard is operating, the 
Secretary of Commerce, and interested States in the Phase I rule 
development. UNDS provides that after promulgation of the Phase I rule, 
neither States nor political subdivisions of States may adopt or 
enforce any State or local statutes or regulations with respect to 
discharges identified as not requiring control with a MPCD, except to 
establish no-discharge zones (CWA section 312(n)(6)).
    Phase II: The second phase of UNDS requires DOD and EPA to 
promulgate Federal performance standards for each MPCD determined to be 
required in Phase I (CWA section 312(n)(3)). Phase II requires 
consultation with the Secretary of the department in which the Coast 
Guard is operating, the Secretary of State, the Secretary of Commerce, 
other interested Federal agencies, and interested States. In developing 
performance standards for the Phase II rulemaking, DOD and EPA are to 
consider the same seven factors identified for Phase I, and can 
establish 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 (CWA 
section 312(n)(3)(C)). The mechanisms for determining compliance with 
performance standards and the role of States and Federal agencies in 
enforcement matters will be addressed during Phases II and III.
    Phase III: The third phase requires DOD, in consultation with EPA 
and the

[[Page 45301]]

Secretary of the department in which the Coast Guard is operating, to 
establish requirements for the design, construction, installation, and 
use of the MPCDs identified in Phase II (CWA section 312(n)(4)). These 
Phase III requirements will be codified under the authority of the 
Secretary of Defense. Additional details regarding codification of 
these requirements will be provided in Phase II. Following completion 
of Phase III, neither States nor political subdivisions of States may 
adopt or enforce any State or local statutes or regulations with 
respect to discharges identified as requiring control with a MPCD, 
except to establish no-discharge zones (CWA section 312(n)(6)).
    UNDS provides for the establishment of no-discharge zones either by 
State prohibition (CWA section 312(n)(7)(A)) or by EPA prohibition (CWA 
section 312(n)(7)(B)). Today's proposal addresses the criteria and 
procedures for establishing no-discharge zones. For a State 
prohibition, 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, whether treated or not, into those waters. However, the 
statute provides that such a prohibition shall not be effective until 
EPA determines that there are adequate facilities for the safe and 
sanitary removal of the discharges(s), and that the prohibition will 
not have the effect of discriminating against an Armed Forces vessel by 
reason of the ownership or operation by the Federal Government, or the 
military function, of the vessel.
    For a no-discharge zone by EPA prohibition, a State may request EPA 
to prohibit, by regulation, the discharge of one or more discharges, 
whether treated or not, into specified waters within a State. In this 
case, EPA makes the determination that the protection and enhancement 
of the quality of the specified waters require a prohibition of the 
discharge. As with a State prohibition, EPA must also determine that 
there are adequate facilities for the safe and sanitary removal of the 
discharge, and that the prohibition will not discriminate against Armed 
Forces vessels by reason of their Federal ownership or operation, or 
their military function. However, the statute directs that EPA shall 
not disapprove an application for an EPA prohibition for the sole 
reason that there are not adequate facilities for the safe and sanitary 
removal of such discharges.
    The UNDS legislation contains two provisions for reviewing and 
modifying performance standards and determinations of whether a MPCD is 
required. The first requires DOD and EPA to review the determinations 
and standards every five years, and if necessary, revise them based on 
any significant new information (CWA sections 312(n)(5)(A) and (B)). 
The second provision allows States, at any time, to petition the 
Secretary and the Administrator to review the determinations (after 
Phase I) and standards (after Phase II) if there is significant new 
information, not considered previously, that could reasonably result in 
a change to the determination or standard (CWA section 312(n)(5)(D)).

B. Summary of Public Outreach and Consultation With States and Federal 
Agencies

    In developing this proposed rule, EPA and DOD have consulted with 
other interested Federal agencies, States, and environmental 
organizations. Other Federal agencies that have been involved in UNDS 
development include the Coast Guard (for the Department of 
Transportation), the Department of State, and the National Oceanic and 
Atmospheric Administration (for the Department of Commerce). The Coast 
Guard has been involved in all aspects of UNDS development. The other 
agencies have participated with the DOD, EPA, and the Coast Guard in 
the UNDS Executive Steering Committee, which is responsible for UNDS 
policy development and is composed of senior-level managers. 
Separately, the DOD and EPA have held discussions with the U.S. Fish 
and Wildlife Service and the National Marine Fisheries Service on UNDS 
matters.
    Two mechanisms have been used to consult with States. First, a 
representative from the Environmental Council of the States (ECOS) 
participates in Executive Steering Committee meetings. ECOS is the 
national association of State and territorial environmental 
commissioners and has been established, in part, to provide State 
positions on environmental issues to EPA. Second, representatives from 
the Navy (as the lead for the DOD), EPA, and the Coast Guard met at 
least once, and in most cases twice, with each State expressing an 
interest in the UNDS development. The interested States were 
predominantly those with a significant presence of Navy or Coast Guard 
vessels. The States participating in the consultation meetings are 
identified in the Technical Development Document.
    In early 1996, the Navy and EPA invited States with a DOD or Coast 
Guard vessel presence to participate in an initial round of 
consultation meetings. Of the approximately 40 States invited, 21 
States requested a consultation meeting. These initial State 
consultation meetings were held between August and December 1996. State 
environmental regulatory authorities hosted each meeting, which 
consisted of a Navy/EPA briefing on UNDS activities and an opportunity 
to discuss State-specific issues. A Coast Guard representative was 
present at each meeting to provide input on discharges from Coast Guard 
vessels. The Navy/EPA briefing provided a summary of the UNDS history 
and requirements, considerations for evaluating discharges, the 
technical approach to determining which discharges will require 
control, an overview of the vessels to which UNDS is applicable, and 
the roles of DOD and EPA in the rulemaking process. See ``Uniform 
National Discharge Standards (UNDS) State Consultation Meetings (Round 
#1) Compendium of Minutes,'' available in the record for this proposed 
rule.
    The Navy and EPA conducted a second round of State consultation 
meetings from October 1997 through January 1998. Of the 22 States 
consulted in the second round of meetings, five were States that had 
not been briefed during the initial round. The second round of 
consultation meetings provided Navy and EPA an opportunity to summarize 
the activities that had taken place since the initial round of 
consultation meetings. This included discussing the 39 types of vessel 
discharges covered by this proposed rule and the preliminary decisions 
regarding which of the discharges would be proposed to require control. 
States were provided information that included a description of the 
discharges and the equipment or processes generating the discharges, 
the locations where the discharges occur, vessels producing the 
discharges, the preliminary results of environmental effects analyses, 
and the preliminary conclusions of whether controls would be required. 
States were generally supportive of the UNDS effort. States most 
commonly expressed interest in matters related to the implementation of 
UNDS regulations, including enforcement and procedures for establishing 
no-discharge zones, the relationship between UNDS and other State 
programs, which vessels are subject to UNDS, and discussions about 
potential MPCD options.
    In addition to State meetings, the Navy, EPA, and Coast Guard met 
with several environmental organizations in December 1997 and May 1998. 
Details

[[Page 45302]]

of the topics discussed and environmental organizations represented at 
those meetings are in the record for this proposed rule. A compendium 
of the minutes from the second round of State consultation meetings and 
the meetings with environmental organizations is available in the 
record for this proposed rule. See ``Uniform National Discharge 
Standards (UNDS) Consultation Meetings (Round #2) Compendium of 
Minutes.''
    The Navy and EPA publish a newsletter that contains feature 
articles on UNDS-related subjects (e.g., nonindigenous species, Navy 
research and development programs), provides answers to frequently 
asked questions, and provides an update on recent progress and upcoming 
events. The newsletter is mailed to State and environmental group 
representatives, Armed Forces and EPA contacts, and interested members 
of the general public. The newsletter has a current circulation of 360 
copies, approximately 200 of which are distributed outside of the EPA, 
DOD, or their contractors. In addition, electronic copies of the 
newsletter are available from an UNDS web site on the Internet (http://
206.5.146.100/n45/doc/unds/unds.html). In addition to the newsletter, 
the Internet web site provides UNDS legislative information, a summary 
of the technical and management approach to rule development, and a 
description of the benefits expected to result from the development of 
UNDS.

III. Description of Armed Forces Vessels

    Section 312(a)(14) of the CWA, as amended by the National Defense 
Authorization Act of 1996, defines a vessel of the Armed Forces as 
``(A) any vessel owned or operated by the Department of Defense, other 
than a time or voyage chartered vessel; and (B) any vessel owned or 
operated by the Department of Transportation that is designated by the 
Secretary of the department in which the Coast Guard is operating as a 
vessel equivalent to a vessel [owned or operated by the DOD].'' The CWA 
defines a vessel as every type of watercraft or other artificial 
contrivance used, or capable of being used, as a means of 
transportation on the navigable waters of the United States. See CWA 
sections 312(a)(1) and 312(a)(2). Also see 40 CFR 140.1(d).
    The scope of the UNDS legislation addresses incidental discharges 
from over 7,000 vessels (i.e., ships, submarines, and small boats and 
craft) of differing designs and mission requirements. The Armed Forces 
that operate vessels subject to UNDS include the Navy, Military Sealift 
Command, Army, Marine Corps, Air Force, and Coast Guard. Table 3 
summarizes the number of vessels operated by each of these branches of 
the Armed Forces as of August 1997. The following sections provide a 
general description of the mission of vessels operated by each branch 
of the Armed Forces and the types of vessels covered by UNDS. Also 
provided is a description of the vessels that are excluded from this 
proposed rule. Armed Forces vessels and their operating locations are 
discussed in more detail in the Technical Development Document.

                Table 3.--Number of Armed Forces Vessels                
------------------------------------------------------------------------
                                                              Number of 
                   Branch of armed forces                      vessels  
------------------------------------------------------------------------
Navy.......................................................        4,760
Military Sealift Command...................................           57
Army.......................................................          334
Marine Corps...............................................          538
Air Force..................................................           36
Coast Guard................................................        1,445
                                                            ------------
    Total..................................................        7,172
------------------------------------------------------------------------

A. U.S. Navy

    The role of the Navy is to maintain an effective naval fighting 
force for the defense of the United States in times of war, and to 
deploy this force to prevent conflicts and control crises around the 
world. The Navy is responsible for organizing, training, and equipping 
its forces to conduct prompt and sustained combat operations at sea. 
The fleet must be capable of carrying personnel, weapons, and supplies 
wherever needed.
    The Navy currently owns and operates over 4,700 vessels. Navy 
vessels can be categorized into eight groups by similar mission: 
aircraft carriers, surface combatants, amphibious ships, submarines, 
auxiliaries, mine warfare ships, service craft and small boats, and 
inactive assets. Naval ships and submarines are ocean-going vessels 
that for the most part operate within 12 nautical miles (n.m.) from 
shore only during transit in and out of port. However, many of these 
vessels spend approximately 180 days per year in port, and many testing 
and maintenance activities are conducted in port or during transits. 
Service craft and small boats typically operate in ports or other 
coastal waters within 12 n.m. from shore. Unlike service craft, small 
boats are often kept out of the water when not in use to increase the 
vessels' longevity. Inactive assets include a variety of vessel types. 
The majority of inactive vessels are scheduled for scrapping, transfer 
to the Maritime Administration, or foreign sale. Table 4 provides a 
brief description of the vessel types, and information on the number of 
vessels and the vessels' primary operating areas.
    The Navy bases the majority of its fleet at five major ports: 
Norfolk, Virginia; San Diego, California; Mayport, Florida; Puget 
Sound, Washington; and Pearl Harbor, Hawaii. These ports provide 
services including: pierside support services (e.g., potable water, 
sewage and trash disposal, and electrical power); supplies (e.g., 
repair parts, consumable materials, and food); and maintenance and 
repair functions. The Navy operates additional ports, identified in the 
Technical Development Document, that provide a subset of these 
services.

                                           Table 4.--U.S. Navy Vessels                                          
----------------------------------------------------------------------------------------------------------------
                                                                                            Primary operational 
                                                                                                   area         
                Vessel type                              Mission                 Number  -----------------------
                                                                                           Inside 12  Outside 12
                                                                                             n.m.        n.m.   
----------------------------------------------------------------------------------------------------------------
Aircraft Carriers.........................  Provide air combat support to the         12                      X 
                                             fleet with landing and launch                                      
                                             platforms for airplanes and                                        
                                             helicopters.                                                       
Surface Combatants........................  Provide air defense, ballistic           139                      X 
                                             missile defense, antisubmarine                                     
                                             warfare support, antisurface                                       
                                             warfare support, merchant and                                      
                                             carrier group protection,                                          
                                             independent patrol operations,                                     
                                             and tactical support of land-                                      
                                             based forces.                                                      

[[Page 45303]]

                                                                                                                
Amphibious Ships..........................  Provide a landing and take-off            39          X           X 
                                             platform for aircraft, primarily                                   
                                             helicopters, and a means for                                       
                                             launching and recovering smaller                                   
                                             landing craft.                                                     
Submarines................................  Provide strategic and ballistic           88                      X 
                                             defense, search and rescue, and                                    
                                             research and survey capability.                                    
Auxiliaries...............................  Provide logistical support, such          20                      X 
                                             as underway replenishment,                                         
                                             material support, and rescue and                                   
                                             salvage operations.                                                
Mine Warfare Ships........................  Conduct minesweeping missions to          26          X             
                                             find, classify, and destroy                                        
                                             mines.                                                             
Service Craft and Small Boats.............  Provide a variety of services.         4,192          X             
                                             Includes tug boats, landing                                        
                                             craft, training craft, torpedo                                     
                                             retrievers, patrol boats,                                          
                                             utility boats, floating                                            
                                             drydocks, barges, and transport                                    
                                             boats.                                                             
Inactive Assets...........................  Vessels in various states of             244        X a             
                                             readiness, the majority of which                                   
                                             are scheduled for scrapping,                                       
                                             transfer to MARAD, or sale to                                      
                                             foreign nations.                                                   
----------------------------------------------------------------------------------------------------------------
a These vessels are not operated and are kept at various port locations                                         

B. Military Sealift Command (MSC)

    The primary mission of the MSC is to transport Department of 
Defense materials and supplies, provide towing and salvage services, 
and conduct specialized missions for Federal agencies. To accomplish 
this, the MSC maintains and operates a fleet of vessels classified 
within four major maritime programs: the Special Mission Support Force 
(SMSF); the Naval Fleet Auxiliary Force (NFAF); the Afloat 
Prepositioning Force; and MSC Strategic Sealift Program. MSC vessels 
are operated primarily by civil service mariners, but also by some 
military personnel or mariners under contract to MSC. UNDS does not 
apply to chartered Strategic Sealift and Afloat Prepositioning Force 
vessels. See CWA section 312(a)(14) excluding time or voyage chartered 
vessels from the definition of vessels of the Armed Forces.
    MSC vessels provide support to other Armed Forces vessels and can 
be stationed around the globe to ensure rapid support. MSC vessels are 
ocean-going vessels that typically operate within 12 n.m. only during 
transit in and out of port. Some testing and maintenance activities are 
conducted while the vessel is in port or during transits through 
coastal waters. Table 5 provides a brief description of MSC vessel 
types, and information on the number of vessels and their primary 
operating areas.
    The MSC operates no major port facilities of its own, instead 
maintaining its vessels at Navy and commercial port facilities. A 
number of MSC replenishment and auxiliary vessels operate out of the 
Navy's ports in Norfolk, Virginia; San Diego, California; and Pearl 
Harbor, Hawaii.

                                              Table 5.--MSC Vessels                                             
----------------------------------------------------------------------------------------------------------------
                                                                                            Primary operational 
                                                                                                    area        
                Vessel type                               Mission                 Number  ----------------------
                                                                                           Inside 12  Outside 12
                                                                                              n.m.       n.m.   
----------------------------------------------------------------------------------------------------------------
Special Mission Support Force.............  Support the Armed Forces in                22                     X 
                                             specialized missions such as                                       
                                             undersea surveillance, missile                                     
                                             range tracking, oceanographic and                                  
                                             hydrographic surveys, acoustic                                     
                                             research, and submarine escort.                                    
Naval Fleet Auxiliary Force...............  Provide underway replenishment             35                     X 
                                             services (i.e., deliver fuel,                                      
                                             food, spare parts, equipment, and                                  
                                             ammunition) to Navy surface                                        
                                             combatants, as well as ocean                                       
                                             towing and salvage services.                                       
----------------------------------------------------------------------------------------------------------------

C. U.S. Coast Guard

    The Coast Guard is a component of the Department of Transportation 
and is responsible for enforcing laws on waters of the U.S., including 
coastal waters, oceans, lakes, and rivers subject to the jurisdiction 
of the United States. Peacetime missions include enforcing recreational 
boating safety, conducting search and rescue operations, maintaining 
aids to navigation, ensuring merchant marine safety, providing drug 
interdiction, and facilitating environmental protection efforts. In 
time of war, the Coast Guard may become a part of the Navy.
    Coast Guard vessels may be categorized as: icebreakers; cutters; 
tenders; tugboats; small boats and craft; and other vessels. Table 6 
provides a brief description of the vessel types, and information on 
the number of vessels and their typical operating areas.
    The major Coast Guard facilities are located in Boston, 
Massachusetts; Honolulu, Hawaii; Charleston, South Carolina; Alameda, 
California; Galveston, Texas; Seattle, Washington; Miami, Florida; and 
Portsmouth, Virginia. Coast Guard duty stations can also be found on 
inland, coastal, and river waterways throughout the U.S. Ship repair 
and overhaul is usually conducted at a commercial facility near the 
homeport of the vessel.

[[Page 45304]]



                                       Table 6.--U.S. Coast Guard Vessels                                       
----------------------------------------------------------------------------------------------------------------
                                                                                            Primary operational 
                                                                                                   area         
                Vessel type                              Mission                 Number  -----------------------
                                                                                           Inside 12  Outside 12
                                                                                             n.m.        n.m.   
----------------------------------------------------------------------------------------------------------------
Ice breakers..............................  Support the winter icebreaking             3          X           X 
                                             efforts in order to maintain                                       
                                             open waterways in the Arctic,                                      
                                             Antarctic, and the northern                                        
                                             regions of the United States                                       
                                             including the Great Lakes,                                         
                                             Northwest, and Northeast.                                          
Cutters...................................  Provide multi-mission capability,        128          X           X 
                                             including patrol, air defense,                                     
                                             search and rescue, and drug                                        
                                             interdiction.                                                      
Tenders...................................  Used to maintain inland river,            76          X             
                                             coastal, and offshore buoys and                                    
                                             navigational aids, or to serve                                     
                                             as a construction platform.                                        
Tugboats..................................  Provide towing and support                20          X             
                                             services to other vessels.                                         
Small Boats and Craft.....................  Used in harbors, in rough surf         1,217          X             
                                             for rescue, for inland river and                                   
                                             lake patrol, as transports, and                                    
                                             for firefighting.                                                  
Other Vessel..............................  Includes a sailing cutter used             1          X             
                                             for training.                                                      
----------------------------------------------------------------------------------------------------------------

D. U.S. Army

    Army vessels are used primarily for ship-to-shore transfer of 
equipment, cargo, and personnel. The Army operates one major port 
facility at Fort Eustis, Virginia for active duty vessels, and numerous 
other port facilities for reserve duty vessels. The Army's fleet is 
divided into three categories: the Transportation Corps, the 
Intelligence and Security Command, and the Corps of Engineers. The Army 
Transportation Corps operates lighterage and floating utility craft to 
provide waterborne delivery (inland and ship-to-shore) of equipment and 
supplies for all Armed Forces and to perform port terminal operations. 
The Intelligence and Security Command operates patrol vessels for drug 
interdiction. Army Corps of Engineers (COE) boats and craft are 
excluded from UNDS as discussed in section III.G of the preamble. Table 
7 provides a brief description of Army vessels subject to the proposed 
rule, and information on the number of vessels and their primary 
operating areas.

                                           Table 7.--U.S. Army Vessels                                          
----------------------------------------------------------------------------------------------------------------
                                                                                            Primary operational 
                                                                                                   area         
                Vessel type                              Mission                 Number  -----------------------
                                                                                           Inside 12  Outside 12
                                                                                             n.m.        n.m.   
----------------------------------------------------------------------------------------------------------------
Lighterage................................  Transport equipment, cargo, and          159          X           X 
                                             personnel.                                                         
Floating Utility..........................  Perform port terminal operations.        168          X             
Patrol Ships..............................  Perform drug interdiction........          7                      X 
----------------------------------------------------------------------------------------------------------------

E. U.S. Marine Corps

    A primary role of the Marine Corps is to employ military forces and 
equipment onto land from the sea. The Marine Corps uses 538 inflatable 
rubber craft for in-port, river, lake, and coastal operations. These 
craft are often kept out of the water when not in use to increase the 
craft's longevity. The Marine Corps makes use of available local port 
facilities and operates no major port facilities of its own.

F. U.S. Air Force

    The Air Force operates some large vessels and a number of smaller 
boats and craft at various locations to support missile testing and 
operations. Table 8 provides a brief description of the vessel types, 
and information on the number of vessels and their primary operating 
areas.
    The Air Force operates no major port facilities of its own. The 
larger Air Force vessels are located at Tyndall Air Force Base, 
Florida, and at Carrabelle, Florida. Small boats and craft are 
distributed among a number of local ports.

                                        Table 8.--U.S. Air Force Vessels                                        
----------------------------------------------------------------------------------------------------------------
                                                                                            Primary operational 
                                                                                                   area         
                Vessel type                              Mission                 Number  -----------------------
                                                                                           Inside 12  Outside 12
                                                                                             n.m.        n.m.   
----------------------------------------------------------------------------------------------------------------
Missile Retriever.........................  Used to locate and recover                 5          X           X 
                                             practice missiles.                                                 
Floating Utility..........................  Used primarily for                        31          X             
                                             transportation, training, and                                      
                                             repair.                                                            
----------------------------------------------------------------------------------------------------------------

G. Vessels Not Covered by This Proposed Rule

    This proposed rule would apply only to Armed Forces vessels. This 
proposed rule would not apply to commercial vessels; privately owned 
vessels; vessels owned or operated by State, local, or tribal 
governments; vessels under the jurisdiction of the Army Corps of 
Engineers; vessels, other than those of the Coast Guard, under the 
jurisdiction of the Department of Transportation; vessels owned or 
operated by other Federal agencies that are not part of the Armed 
Forces; vessels preserved as

[[Page 45305]]

memorials and museums; time- and voyage-chartered vessels; vessels 
under construction; vessels in drydock; and amphibious vehicles. For 
clarification, several categories of these types of vessels that are 
beyond the scope of this proposed rule are described below.
1. U.S. Army Corps of Engineers Vessels
    Army Corps of Engineers vessels are typically used for civil works 
purposes. Congress has consistently addressed the Army Corps of 
Engineers separately from other parts of the Department of Defense in 
both authorization and appropriations bills. Therefore, the DOD and EPA 
do not consider that Congress intended to apply UNDS to Army Corps of 
Engineers vessels.
2. Maritime Administration (MARAD) Vessels
    A number of vessels are operated or maintained by the Maritime 
Administration, a part of the Department of Transportation. As 
established in section 312(a)(14) of the CWA, the definition of 
``vessel of the Armed Forces'' includes those Department of 
Transportation vessels that are designated by the Secretary of the 
department in which the U.S. Coast Guard is operating (currently the 
Department of Transportation) as operating as a vessel equivalent to a 
DOD vessel. The Secretary of Transportation has determined that MARAD 
vessels, including the National Defense Reserve Fleet, do not operate 
equivalently to DOD vessels, and therefore MARAD vessels are not 
covered by UNDS.
3. Memorial and Museum Vessels
    Ships and submarines preserved as memorials and museums once served 
a military mission. However, with the exception of one submarine, these 
vessels are no longer owned or operated by the Armed Forces, and 
therefore, they are not vessels of the Armed Forces and UNDS does not 
apply to them.
    The submarine Nautilus is owned and operated by the Navy as a 
museum; however, the vessel is stationary and its systems are not 
routinely operated. Therefore, the EPA and DOD are proposing to exclude 
this vessel from the scope of UNDS.
4. Time- and Voyage-Chartered Vessels
    CWA section 312(a)(14) specifically excludes time or voyage 
chartered vessels from the definition of ``vessels of the Armed 
Forces.'' Time- and voyage-chartered vessels are vessels operating 
under a contract between the vessel owner and a charterer (in this 
case, the Armed Forces) whereby the charterer hires the vessel for a 
specified time period or voyage, respectively. Such vessels at all 
times remain manned and navigated by the owner, and they are not owned 
and operated by the Armed Forces. Examples of chartered vessels are 
those operated by the MSC in the Afloat Prepositioning Force and the 
Strategic Sealift Program.
5. Vessels Under Construction
    EPA and DOD do not consider a vessel under construction for the DOD 
or Coast Guard, and for which the Federal government has not taken 
custody, to be a ``vessel of the Armed Forces.'' UNDS would not apply 
to these vessels until the Federal government gains custody.
6. Vessels in Drydock
    The statutory definition of ``discharge incidental to the normal 
operation of a vessel'' includes incidental discharges whenever the 
vessel is waterborne. See CWA section 312(a)(12). UNDS would not apply 
to discharges from vessels while they are in drydock because they are 
not waterborne, even if the discharges would otherwise meet the 
definition of a ``discharge incidental to the normal operation of a 
vessel.''
7. Amphibious Vehicles
    EPA and DOD do not consider amphibious vehicles as a vessel for the 
purposes of UNDS because they are operated primarily as vehicles on 
land. Water use of these vehicles is of short duration for nearshore 
transit to and from vessels.

IV. Summary of Data Gathering Efforts

    Once the scope of vessels to which UNDS would apply was determined, 
it was necessary to identify the universe of discharges and to 
characterize the nature of these discharges. The data gathering effort 
to support these objectives included surveys and consultations 
involving DOD and Coast Guard personnel with expertise in vessel 
operations and shipboard systems or equipment generating the 
discharges. The survey and consultation results were supplemented with 
sampling, where necessary. The following sections provide an overview 
of the data collection efforts. Additional details are presented in the 
Technical Development Document.

A. Surveys and Consultations

    The Navy initiated the data collection process by compiling a list 
of discharges and existing information on these discharges, including 
summary results of previous sampling studies. The information was 
presented in a single report, ``U.S. Navy Ship Wastewater Discharges,'' 
available in the record for this proposed rule. The Navy provided this 
report, along with a survey, to each branch of the Armed Forces at the 
headquarters and field levels, including both shore installations and 
shipboard operators. The survey solicited comments on the accuracy and 
completeness of the attached report, and sought information on which 
vessels generate the discharges, discharge characteristics (e.g., 
pollutant constituents, discharge volumes, and flow rates), and any 
existing reports or documentation relating to any discharges not 
identified in the report.
    The Navy and EPA supplemented the survey results by conducting ship 
visits and consulting with DOD and Coast Guard personnel with expertise 
in vessel systems, equipment, and operations that produce the 
discharges. The purpose of these consultations and ship visits was to 
clarify information gathered and to ensure all existing information on 
discharges was obtained.

B. Sampling and Analysis

    As a result of the survey and consultation process, EPA and DOD 
identified 39 types of discharges incidental to the normal operation of 
Armed Forces vessels. For 30 of the 39 discharges, existing information 
gathered from surveys and consultations was sufficient to characterize 
the nature of the discharges and assess potential environmental 
impacts, if any, resulting from the discharges. EPA and DOD determined 
that existing information was insufficient to characterize the 
constituents and determine the environmental effects of the remaining 
nine discharges. These nine discharges, identified in Table 9, were 
sampled to obtain the additional data.

                      Table 9.--Discharges Sampled                      
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
--Boiler Blowdown.                                                      
--Compensated Fuel Ballast.                                             
--Distillation and Reverse Osmosis Brine.                               
--Firemain Systems.                                                     
--Freshwater Lay-up                                                     
--Non-Oily Machinery Wastewater.                                        
--Seawater Cooling Overboard Discharge.                                 
--Steam Condensate.                                                     
--Surface Vessel Bilgewater/Oil-Water Separator Discharge.              
------------------------------------------------------------------------

    Samples were collected from ten vessels, representing a total of 
six Navy, Coast Guard, and MSC vessel types. Navy vessels sampled 
included an aircraft carrier, three surface combatants, two amphibious 
ships, and a submarine. Also sampled were a Coast Guard cutter and two 
MSC oilers, which are vessels used for fuel transport. The

[[Page 45306]]

sampling program was structured to address differences in wastestream 
characteristics among certain vessel types. Information on the 
discharges that were sampled from each ship and the constituents 
analyzed for each discharge is presented in the Technical Development 
Document. The technical basis for selecting the constituents analyzed 
and the reasons for sampling specific discharges on certain ship 
classes are presented in the document entitled ``Uniform National 
Discharge Standards Rationale for Initial Discharge Sampling.'' Both 
documents are available in the record for this proposed rule.

V. Marine Pollution Control Device (MPCD) Requirements

    CWA section 312(n)(2)(B) identifies the seven factors EPA and DOD 
are to consider in determining for which discharges it is reasonable 
and practicable to require use of a MPCD to mitigate adverse impacts on 
the marine environment. Those factors are listed in section II.A of 
this preamble. The methodology EPA and DOD used to assess the 
environmental effects, if any, resulting from each of the discharges is 
presented in section V.A below.
    This proposed rule would apply to 39 types of vessel discharges. 
EPA and DOD are proposing to require the use of MPCDs to control 25 of 
these discharges. These discharges are listed in Table 1 and described 
below in section V.C. Section V.C also discusses the potential for the 
discharges to cause adverse impacts on the marine environment and the 
availability of MPCDs to mitigate adverse impacts. The MPCDs mentioned 
below in sections V.C may not be uniformly applicable to all vessels. 
The performance standards to be promulgated in a future rulemaking 
(UNDS Phase II) may distinguish among classes, types, and sizes of 
vessels; distinguish between new and existing vessels; and provide for 
a waiver of applicability for a particular class, type, age or size of 
vessel. (See CWA section 312(n)(3)C).)
    EPA and DOD are proposing not to require the use of MPCDs for the 
remaining 14 vessel discharges. These discharges, listed in Table 2 and 
described below in section V.D, exhibit a low potential for causing 
adverse impacts on the marine environment. Therefore, EPA and DOD have 
determined, for this proposed rule, that it is not reasonable and 
practicable to require the use of MPCDs to mitigate adverse impacts on 
the marine environment.

A. Overview of Assessment Methodology

    For the purposes of this proposed rule, EPA and DOD assessed the 
potential environmental effects of the discharges by asking the 
following questions concerning their chemical, physical, and biological 
characteristics:

--Chemical Constituents. Does the discharge contain constituents in 
concentrations that exceed State aquatic water quality criteria or 
Federal aquatic water quality criteria (as promulgated by EPA in the 
National Toxics Rule, 40 CFR 131.36) and have the potential to be 
released into the environment in significant amounts, resulting in a 
potential adverse impact on the environment?
--Thermal Pollution. Does the discharge pose the potential to exceed 
State thermal water quality criteria in the receiving waters beyond a 
mixing zone, and to a degree sufficient to have an adverse impact on 
the environment?
--Bioaccumulative Chemicals of Concern. Does the discharge have the 
potential to contain bioaccumulative chemicals of concern in amounts 
sufficient to have an adverse impact on the environment?
--Nonindigenous Species. Does the discharge have the potential to 
introduce viable nonindigenous aquatic species to new locations?

    If the answer to any of the above questions was ``yes,'' EPA and 
DOD determined that the discharge had a potential for adverse 
environmental effect.
    EPA and DOD used sampling results or process knowledge to identify 
the potential presence and concentration of constituents in the 
discharge. Constituent concentrations in the discharge were compared to 
Federal criteria promulgated by EPA in its National Toxics Rule, 40 CFR 
131.36 (57 FR 60848; Dec. 22, 1992 and 60 FR 22230; May 4, 1995), 
referred to in this preamble as ``Federal criteria,'' and State water 
quality numeric criteria for the ten States with the most significant 
presence of Armed Forces vessels. These ten States are California, 
Connecticut, Florida, Georgia, Hawaii, New Jersey, South Carolina, 
Texas, Virginia, and Washington. Constituent concentrations in the 
discharge were compared against the most stringent of the Federal and 
ten States' criteria for that constituent. For almost all constituents, 
the State water quality criteria are more stringent than the Federal 
National Toxics Rule (NTR) criteria.
    EPA and DOD used aquatic water quality criteria in this assessment 
because they are a measure of the level of water quality that provides 
for the protection and propagation of aquatic life.
    EPA and DOD used saltwater aquatic life criteria for screening the 
discharges because most Armed Forces vessels operate in the brackish 
water of estuaries or bays, or in the marine environment off the coast 
or in open ocean, where the biology of the water body is dominated by 
saltwater aquatic life. Aquatic life criteria were used instead of 
human health criteria, which are related to consumption of fish and 
shellfish, because recreational activities such as fishing and swimming 
generally do not occur in the immediate vicinity of Armed Forces 
vessels.
    Depending on the nature of the discharge, EPA and DOD compared 
discharge concentrations to either the acute or chronic criteria 
values. Where discharges are intermittent or occasional in nature, of 
relatively short duration (a few seconds to a few hours), and dissipate 
rapidly in the environment, constituent concentrations were compared to 
acute water quality criteria. Where discharges are of a longer duration 
or continuous and likely to result in concentrations in the environment 
that approach a steady state condition, the constituent concentrations 
were compared to chronic water quality criteria. Table 4-1 in the 
Technical Development Document lists the State criteria or Federal 
criteria used.
    The initial screening process involved comparing the constituent 
concentrations in the undiluted discharge to the water quality 
criteria. For those discharges, such as cathodic protection, where the 
constituents diffuse from the exterior of a vessel or vessel component, 
EPA and DOD generally computed a concentration within a small mixing 
zone (a few inches to a few feet).
    EPA and DOD further assessed those discharges that had constituents 
exceeding water quality criteria. EPA and DOD considered mass loadings, 
flow rates, the geographic location of the discharge, the manner in 
which the discharge occurs (e.g., continuous or intermittent), and in 
some cases, the effect of the dilution within a small mixing zone. The 
purpose of this further assessment was to determine whether the 
constituents are discharged with such a low frequency or in such small 
amounts that the resulting constituent mass loading has the potential 
to produce only minor or undetectable environmental effects, or whether 
the constituents are released in such a manner that dilution in a small 
mixing

[[Page 45307]]

zone quickly results in concentrations below water quality criteria. If 
so, EPA and DOD considered the chemical constituents of the discharge 
not to have the potential to adversely affect the environment.
    In addition to chemical constituents, EPA and DOD assessed whether 
the discharges exceeded State thermal water quality criteria for the 
five States with the most significant presence of Armed Forces vessels. 
These States are California, Florida, Hawaii, Virginia, and Washington. 
Many discharges did not need a detailed assessment because they are 
discharged at ambient or only slightly elevated temperatures, or the 
volume or discharge rate is very low. EPA and DOD determined that six 
discharges are released at sufficiently high temperatures and volumes 
that further assessment was warranted to determine whether the 
discharge had the potential to cause an adverse thermal effect. These 
discharges are:

--Boiler Blowdown,
--Catapult Water Brake Tank And Post-Launch Retraction Exhaust,
--Catapult Wet Accumulator Discharge,
--Distillation And Reverse Osmosis Brine,
--Seawater Cooling Overboard Discharge, and
--Steam Condensate.

    EPA and DOD modeled these discharges to determine the size of the 
mixing zone that would be needed for receiving waters to meet State 
thermal water quality criteria and compared this zone to State thermal 
mixing zone allowances. A more complete discussion of the models and 
procedures used for these assessments is provided in the Technical 
Development Document.
    EPA and DOD reviewed each discharge to determine whether it 
contained bioaccumulative chemicals of concern, as identified in the 
Final Water Quality Guidance for the Great Lakes System (60 FR 15365; 
March 23, 1995). This guidance contains a list of bioaccumulative 
chemicals of concern identified after scientific study, in a process 
subjected to public notice and comment, designed to support a 
regionally uniform set of standards applicable to the waters of the 
Great Lakes. Table 4-1 of the Technical Development Document lists 
these bioaccumulative chemicals of concern. In every case where the 
presence of a bioaccumulative chemical of concern was confirmed in a 
discharge, EPA and DOD had already determined based on other 
information that it was reasonable and practicable to require control 
of that discharge.
    EPA and DOD also assessed each discharge for its potential to 
transport viable living aquatic organisms between naturally isolated 
water bodies. Preventing the introduction of invasive nonindigenous 
aquatic species has been recognized as important in maintaining 
biodiversity, water quality, and the designated uses of water bodies. 
If the available data indicate that a discharge has a potential for 
transporting and then subsequently discharging viable aquatic organisms 
into waters of the U.S., then EPA and DOD considered the discharge to 
present a potential for causing adverse environmental effects from 
nonindigenous species introduction. In some cases EPA and DOD 
determined it was reasonable and practicable to require MPCDs to 
control a discharge even though information in the record indicates 
that the discharge has a low potential for adversely affecting the 
environment. For the chain locker effluent and sonar dome discharges, 
at least one class of Armed Forces vessel has a management practice or 
control technology already in place to control the environmental 
effects of the discharge. EPA and DOD considered the existence of a 
currently applied management practice or control technology to be 
sufficient indication that it was reasonable and practicable to require 
a MPCD. In other cases (non-oily machinery wastewater and photographic 
laboratory drains), analysis of whether the discharge had a potential 
to adversely affect the environment was inconclusive. However, EPA and 
DOD determined that it was reasonable and practicable to require an 
MPCD to mitigate possible adverse environmental effects from the 
discharge.
    For each discharge that was determined to have the potential to 
adversely affect the environment, EPA and DOD conducted an initial 
evaluation of the practicability, operational impact, and economic cost 
of using a MPCD to control each discharge. EPA and DOD first determined 
whether a control technology or management practice is currently in 
place to control the discharge for environmental protection on any 
vessel type. The use of existing controls on a vessel was considered 
sufficient demonstration that at least one reasonable and practicable 
control is available for at least one vessel type. (This proposed Phase 
I UNDS rule does not address whether existing control technologies or 
management practices are adequate to mitigate potential adverse 
impacts. In Phase II of UNDS, EPA and DOD will promulgate MPCD 
performance standards for the discharges requiring control.) For 
discharges without any existing pollution controls, EPA and DOD 
analyzed potential pollution control options to determine whether it is 
reasonable and practicable to require the use of MPCDs. For every 
discharge that was found to have a potential to cause adverse 
environmental effects, EPA and DOD determined that it is reasonable and 
practicable to require a MPCD for at least one vessel type. The results 
of the MPCD assessments are presented in the Technical Development 
Document.

B. Peer Review

    Peer review is a documented critical review of a scientific and 
technical work product. It is an in-depth assessment that is used to 
ensure that the final work product is technically sound. Peer reviews 
are conducted by qualified individuals who are independent of those who 
prepared the work product. For this proposed rule, reviewers were 
selected because of their technical expertise in assessing pollutant 
behavior in coastal and estuarine ecosystems, modeling pollutant 
concentrations, and predicting the effects of pollutant loadings on 
ambient water quality, sediments, and biota.
    A technical report was prepared for each of the discharges covered 
by this proposed rule. These Nature of Discharge (NOD) reports include 
a discussion of how the discharge is generated, discharge volumes and 
frequencies, where the discharge occurs, chemical constituents present 
in the discharge, and relevant regulatory information or water quality 
criteria. The NOD reports also assess the potential for a discharge to 
cause an adverse environmental effect, and provide the process and 
environmental background information used in determining whether a 
particular discharge warrants control. NOD reports for each discharge 
are included as an appendix to the Technical Development Document.
    NOD reports for five discharges were selected for peer review. For 
each of these discharges, EPA and DOD determined that it is not 
reasonable and practicable to require the use of MPCDs because they 
exhibit a low potential for causing adverse impacts on the marine 
environment. Peer reviewers were asked whether the data and process 
information presented in the NOD reports are sufficient to characterize 
the discharges; whether the analyses are appropriate for the 
discharges; and whether the conclusions regarding the discharges' 
potential for causing adverse environmental impacts are supported by

[[Page 45308]]

the information presented in the NOD reports.
    Results of the peer review are compiled in the ``Peer Review 
Comments Document for Nature of Discharge Reports'' and are available 
for review in the rulemaking record. An initial assessment of the 
comments does not indicate any fundamental flaws in the methodology 
used by EPA and DOD to assess a discharge's potential to cause adverse 
impacts on the marine environment. EPA and DOD will address the peer 
review comments prior to promulgating the final Phase I rule.

C. Discharges Requiring the Use of a MPCD

    For the reasons discussed below, EPA and DOD have initially 
determined that it is reasonable and practicable to require the use of 
a MPCD to control 25 discharges from vessels of the Armed Forces. 
Except where noted, the pollutant characteristics of these discharges 
indicate a potential to cause adverse environmental impacts. Table 10 
lists those discharges for which EPA and DOD determined it was 
reasonable and practicable to require the use of a MCPD, and identifies 
the characteristics of each discharge that formed the basis of the 
determination. The terms ``Chemical Constituents,'' ``Thermal 
Pollution,'' ``Bioaccumulative Chemicals of Concern'' and 
``Nonindigenous Species'' refer to the four questions described in 
section V.A.

                                 Table 10.--Discharges Requiring the Use of a MPCD and the Basis for the Determination.a                                
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chemical constituents                                                                     
                                                   ------------------------------------------    Thermal    Bioaccumulative  Nonindigenous              
                     Discharge                                                     Organic      pollution     chemicals of      species         Other   
                                                         Oil         Metals       Chemicals                     concern                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aqueous Film-Forming Foam.........................  ............  ............  ............  ............  ...............  .............          (b) 
Catapult Water Brake Tank Discharge & Post-Launch                                                                                                       
 Retraction Exhaust...............................            X   ............  ............  ............                   .............  ............
Chain Locker Effluent.............................  ............  ............  ............  ............                   .............          (c) 
Clean Ballast.....................................  ............  ............  ............  ............                              X   ............
Compensated Fuel Ballast..........................            X   ............  ............  ............                   .............  ............
Controllable Pitch Propeller Hydraulic Fluid......            X   ............  ............  ............                   .............  ............
Deck Runoff.......................................            X   ............  ............  ............                   .............  ............
Dirty Ballast.....................................            X   ............  ............  ............                   .............  ............
Distillation and Reverse Osmosis Brine............  ............            X   ............  ............                   .............  ............
Elevator Pit Overboard Discharge..................            X   ............  ............  ............                   .............  ............
Firemain Systems..................................  ............            X   ............  ............                   .............  ............
Gas Turbine Washdown Discharge....................            X   ............            X   ............                   .............  ............
Graywater.........................................  ............  ............            X   ............                   .............  ............
Hull Coating Leachate.............................  ............            X   ............  ............                   .............  ............
Motor Gasoline Compensated Overboard Discharge....            X   ............  ............  ............                              X   ............
Non-oily Machinery Wastewater.....................  ............  ............  ............  ............                   .............          (d) 
Photographic Laboratory Drains....................  ............  ............  ............  ............                   .............          (d) 
Seawater Cooling Overboard Discharge..............  ............            X   ............            X                    .............  ............
Seawater Piping Biofouling Prevention.............  ............  ............  ............  ............                   .............          (e) 
Small Boat Engine Wet.............................                                                                                                      
Exhaust...........................................  ............  ............            X   ............                   .............  ............
Sonar Dome Discharge..............................  ............  ............  ............  ............                   .............          (c) 
Submarine Bilge Water.............................            X   ............  ............  ............                   .............  ............
Surface Vessel Bilge Water/Oil-Water Separator....                                                                                                      
Discharges........................................            X   ............  ............  ............                   .............  ............
Underwater Ship Husbandry.........................  ............            X   ............  ............                              X   ............
Welldeck Discharges...............................            X   ............  ............  ............                   .............  ............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:                                                                                                                                                  
(a) This table provides a simplified overview of the basis for requiring the use of MPCDs for particular discharges. It is not intended to fully        
  characterize the discharges or describe the analyses leading to the decision. More complete characterizations of the discharges and the analyses      
  leading to the decisions are presented in section V.C. and in the appendices of the Technical Development Document.                                   
(b) Discharge may produce floating foam in violation of some State water quality standards.                                                             
(c) Discharge was determined to have a low potential to adversely affect the environment, but an existing MPCD is in place on at least one type of      
  vessel to reduce this low potential even further.                                                                                                     
(d) No conclusion was drawn on the potential of the discharge to adversely affect the environment, but EPA and DOD determined a MPCD is reasonable and  
  practicable to mitigate any possible adverse effects.                                                                                                 
(e) Chlorine and chlorination byproducts.                                                                                                               

    For this Phase I proposed rule, EPA and DOD identified at least one 
potential MPCD control option for each discharge that could mitigate 
the environmental impacts of the discharge from at least one class of 
Armed Forces vessel. In Phase II of the UNDS rulemaking, EPA and DOD 
will perform a more detailed assessment of MPCD control options. EPA 
and DOD will consider options that are being evaluated as part of 
research and development programs in addition to those that are 
currently available. EPA and DOD will evaluate MPCDs for all classes of 
vessels and promulgate the specific performance standards for each MPCD 
that are reasonable and practicable for that class of vessel. In 
developing specific MPCD performance standards, EPA and DOD will 
consider the same factors considered in Phase I. The Phase II rule may 
distinguish among vessel types and sizes, between new and existing 
vessels, and may waive the applicability of Phase II standards as 
necessary or appropriate to a particular type or age of vessel (see CWA 
section 312(n)(3)(B)).

[[Page 45309]]

    The definition of a marine pollution control device, or MPCD, as 
used in this proposed rule is a control technology or a management 
practice that can reasonably and practicably be installed or otherwise 
used on a vessel of the Armed Forces to receive, retain, treat, control 
or discharge a discharge incidental to the normal operation of the 
vessel.
    The discussions below provide a brief description of the discharges 
and the systems that produce the discharges EPA and DOD propose to 
control. The discussions highlight the most significant constituents 
released to the environment, and describes the current practice, if 
any, to prevent or minimize environmental effects. Because of the 
diversity of vessel types and designs, these control practices are 
usually not uniformly applied to all vessels generating the discharge. 
In addition, these controls do not necessarily represent the only 
control options available. The discharges are described in more detail 
in Appendix A of the Technical Development Document.
1. Aqueous Film Forming Foam (AFFF)
    This discharge consists of a mixture of seawater and firefighting 
foam discharged during training, testing, and maintenance operations. 
Aqueous film forming foam (AFFF) is the primary firefighting agent used 
to extinguish flammable liquid fires on surface ships of the Armed 
Forces. AFFF is stored on vessels as a concentrated liquid that is 
mixed with seawater to create the diluted solution (3-6% AFFF) that is 
sprayed as a foam on the fire. The solution is applied with both fire 
hoses and fixed sprinkler devices. During planned maintenance of 
firefighting systems, system testing and inspections, and flight deck 
certifications, the seawater/foam solution is discharged either 
directly overboard from hoses, or onto flight decks and then 
subsequently washed overboard. These discharges are considered 
incidental to the normal operation of Armed Forces vessels. Discharges 
of AFFF that occur during firefighting or other shipboard emergency 
situations are not incidental to normal operations and are not subject 
to the requirements of this proposed rule.
    AFFF is discharged from all Navy ships, those MSC ships capable of 
supporting helicopter operations, and Coast Guard cutters, icebreakers, 
and tugs. AFFF discharges generally occur at distances greater than 12 
n.m. from shore, and in all cases more than 3 n.m. from shore due to 
existing Armed Forces operating instructions. The constituents of AFFF 
include water, bis(2-ethylhexyl)phthalate, 2-(2-butoxyethoxy)-ethanol, 
urea, alkyl sulfate salts, amphoteric fluoroalkylamide derivative, 
perfluoroalkyl sulfonate salts, triethanolamine, and methyl-1H-
benzotriazole. Because the water used to mix with the AFFF concentrate 
comes from the vessel's firemain, the discharge will also include 
nitrogen (measured as total Kjeldahl nitrogen), copper, nickel, and 
iron from the firemain piping.
    The AFFF discharge produces an aqueous foam intended to cool and 
smother fires. Water quality criteria for some States include narrative 
requirements for waters to be free of floating materials attributable 
to domestic, industrial, or other controllable sources, or include 
narrative criteria prohibiting discharges of foam. AFFF discharges in 
State waters would be expected to result in violating such narrative 
criteria for foam or floating materials. At present, the Navy uses 
certain management practices to control these discharges, including a 
self-imposed prohibition on AFFF discharges in coastal waters by most 
Armed Forces vessels. These management practices to control discharges 
of AFFF demonstrate the availability of a MPCD to mitigate the 
potential adverse impacts that could result from the discharge of AFFF. 
Therefore, EPA and DOD have determined that it is reasonable and 
practicable to require use of a MPCD for this discharge.
    AFFF discharges occur beyond 3 n.m. but within 12 n.m. from shore 
infrequently and in relatively small volumes, and the diluted (3-6%) 
AFFF solution is not believed to exhibit significant toxic effects. 
Further, any discharges that do occur take place while the vessel is 
underway and will be dispersed in the turbulence of the vessel wake.
2. Catapult Water Brake Tank and Post-Launch Retraction Exhaust
    This intermittent discharge is the oily water skimmed from the 
catapult water brake tank, and the condensed steam discharged when the 
catapult is retracted. Catapult water brakes are used to stop the 
forward movement of the steam-propelled catapults used to launch 
aircraft from Navy aircraft carriers. The catapult water brake system 
includes a water brake tank that contains freshwater, and water brake 
cylinders . During flight operations, water from the catapult water 
brake tank is continuously injected into the catapult water brake 
cylinders. At the end of a launch stroke, spears located on the front 
of the catapult pistons enter the water brake cylinders. The water in 
the cylinders builds pressure ahead of the spears, cushioning the 
catapult pistons to a stop. The catapult brake water is continuously 
circulated between the catapult water brake tank and the catapult water 
brake cylinders.
    Prior to the launch stroke, lubricating oil is applied to the 
catapult cylinder through which the catapult piston and piston spear 
are driven. As the catapult piston is driven forward during the launch 
stroke, the catapult piston and spear carries lubricating oil from the 
catapult cylinder into the water brake cylinder at the end of the 
stroke. Over the course of multiple launchings, the oil and water 
circulating through the water brake cylinder and tank leads to the 
formation of an oil layer in the water brake tank. The oil layer can 
adversely affect water brake operation by interfering with the cooling 
of water in the water brake tank. To prevent excessive heat buildup in 
the tank, the oil is periodically skimmed off and discharged overboard. 
Additionally, as the catapult piston is retracted following the launch, 
expended steam from the catapult launch stroke and some residual 
lubricating oil from the catapult cylinder walls are discharged below 
the waterline through a separate exhaust pipe.
    Only aircraft carriers generate this discharge. Catapult operations 
during normal flight operations generate both the water brake tank 
discharge and the post-launch retraction exhaust; however, flight 
operations take place beyond 12 n.m. from shore. Catapult testing which 
occurs within 12 n.m. always discharges the post-launch retraction 
exhaust, but usually does not add sufficient quantities of oil to the 
water brake tank to require skimming.
    The water brake tank is used within 12 n.m. for dead-load catapult 
shots when testing catapults on new aircraft carriers, and following 
major drydock overhauls or major catapult modifications. This testing 
requires a minimum of 60 dead-load shots each and may occur over a 
period of several days within 12 n.m. from shore. New carrier testing 
occurs only once, and major overhauls generally occur on 5- to 7-year 
cycles in conjunction with drydocking. Major modifications to catapults 
may occur during an overhaul or pierside and are also infrequent 
events. Carriers also routinely perform no-load shots when leaving 
port. The number of no-load shots conducted when leaving port, however, 
usually do not add enough lubricating oil to the water brake tank to 
require skimming the oil while the ship is within 12 n.m. from shore.

[[Page 45310]]

    The water brake tank and post-launch retraction exhaust discharges 
include lubricating oil, a limited thermal load associated with the 
heated oil and water (or condensed steam, in the case of the post-
launch retraction exhaust), nitrogen (in the form of ammonia, nitrates 
and nitrites, and total Kjeldahl nitrogen), and metals such as copper 
and nickel from the piping systems. EPA and DOD analyzed the thermal 
effects of this discharge and concluded they were unlikely to exceed 
thermal mixing zone criteria in the States where aircraft carriers most 
frequently operate. The post-launch retraction exhaust discharge can 
contain oil, copper, lead, nickel, ammonia, bis(2-ethylhexyl)phthalate, 
phosphorus, and benzidine in concentrations exceeding State acute water 
quality criteria. The post-launch retraction exhaust discharge can also 
contain nitrogen in concentrations exceeding the most stringent State 
water quality criteria.
    The Navy has imposed operational controls limiting the amount of 
oil applied to the catapult cylinder during the launch stroke, which 
directly affects the amount of oil that is subsequently discharged from 
the water brake tank or during the post-launch retraction exhaust. The 
Navy has also established requirements dictating when catapult testing 
is required within 12 n.m. from shore. These operational constraints 
minimize discharges of oil from the water brake tank and post-launch 
retraction exhaust in coastal waters. These existing management 
practices demonstrate the availability of controls for this discharge. 
Therefore, EPA and DOD have determined that it is reasonable and 
practicable to require use of a MPCD to mitigate potential adverse 
environmental impacts from this discharge.
3. Chain Locker Effluent
    This discharge consists of accumulated precipitation and seawater 
that is occasionally emptied from the compartment used to store the 
vessel's anchor chain.
    The chain locker is a compartment used to store anchor chain aboard 
vessels. Navy policy requires that the anchor chain, appendages, and 
anchor on Navy surface vessels be washed down with seawater during 
retrieval to prevent onboard accumulation of sediment. During washdown, 
some water adheres to the chain and is brought into the chain locker as 
the chain is stored. The chain locker sump accumulates the residual 
water and debris that drains from the chain following anchor chain 
washdown and retrieval, or washes into the chain locker during heavy 
weather. Water accumulating in the chain locker sump is removed by a 
drainage eductor powered by the shipboard firemain system.
    All Armed Forces vessels housing their anchor chains in lockers, 
except submarines, can generate this discharge. Since submarine chain 
lockers are always open to the sea, water is always present in the 
chain locker and there is no ``collected'' water to be discharged as 
effluent. Navy policy prohibits discharging chain locker effluent 
within 12 n.m. Other vessels of the Armed Forces are currently 
authorized to discharge chain locker effluent within 12 n.m.; however, 
most Armed Forces vessels also observe the 12 n.m. discharge 
prohibition. A recent review of practices on several Navy ships found 
no water accumulation in the chain locker sump, and the ships' crew 
confirmed that discharges of chain locker effluent occur outside 12 
n.m.
    In addition to water, materials collecting in the chain locker sump 
can include paint chips, rust, grease, and other debris. Chain locker 
effluent may contain organic and inorganic compounds associated with 
this debris, as well as metals from the sump and from sacrificial 
anodes installed in the chain locker to provide cathodic protection. If 
the anchor chain washdown is not performed and the chain locker 
effluent is subsequently discharged in a different port, the discharge 
could potentially transport nonindigenous species. Discharge volume 
will vary depending upon the frequency of anchoring operations, the 
number of anchors used, and the depth of water (which determines the 
amount of chain that will be lowered into the water).
    Given the manner in which water collects in the chain locker sump 
and remains there for extended periods of time, it is possible that the 
discharge could contain elevated levels of metals at concentrations 
exceeding State water quality criteria. However, given the small volume 
of the discharge and the infrequency of anchoring operations, it is 
unlikely that discharges of chain locker effluent would adversely 
impact the environment. Nevertheless, the Navy and other Armed Forces 
already have management practices in place for most vessels requiring 
anchors and anchor chains to be washed down with seawater during 
retrieval, and prohibiting the discharge of chain locker effluent until 
beyond 12 n.m. from shore. DOD has chosen as a matter of policy to 
continue prohibiting the discharge of chain locker effluent within 12 
n.m. from shore. This prohibition, while not considered necessary to 
mitigate an existing or potential adverse impact, will eliminate the 
possibility of discharging into coastal waters any metals, other 
contaminants, or nonindigenous aquatic species that may have 
accumulated in the chain locker sump. EPA and DOD have determined that 
the existing management practices demonstrate that it is reasonable and 
practicable to require use of a MPCD for chain locker effluent.
4. Clean Ballast
    This discharge is composed of the seawater taken into, and 
discharged from, dedicated ballast tanks used to maintain the stability 
of the vessel and to adjust the buoyancy of submarines.
    Many types of Armed Forces vessels store clean ballast in dedicated 
tanks in order to adjust a vessel's draft, buoyancy, trim, and list. 
Clean ballast may consist of seawater taken directly onboard into the 
ballast tanks or seawater received from the vessel's firemain system. 
Clean ballast differs from ``dirty ballast'' and ``compensated 
ballast'' discharges (described below) in that clean ballast is not 
stored in tanks that are also used to hold fuel. Many surface vessels 
introduce clean ballast into tanks to replace the weight of off-loaded 
cargo or expended fuel to improve vessel stability while navigating on 
the high seas. Amphibious ships also flood clean ballast tanks during 
landing craft operations to lower the ship's stern, allowing the well 
deck to be accessed. Submarines introduce clean ballast into their main 
ballast tanks when submerging, and introduce clean ballast into their 
variable ballast tanks to make minor adjustments to buoyancy, trim, and 
list while operating submerged or surfaced. The discharge occurs when 
fuel or cargo is taken on and the ballast is no longer needed, when 
amphibious operations are concluded and the vessel is returned to its 
normal operating draft, when submarines surface, or when submarines 
make some operational adjustments in trim or list while submerged or 
surfaced.
    Clean ballast discharges are intermittent and can occur at any 
distance from shore, including within 12 n.m. Constituents of clean 
ballast can include materials from tank coatings (e.g., epoxy), 
chemical additives (e.g., flocculant chemicals or rust inhibitors), and 
metals from piping systems and sacrificial anodes used to control 
corrosion. Based on analytical data for firemain system discharges, 
metals expected to be present in the discharge include copper, nickel, 
and zinc. These data indicate that the pollutant

[[Page 45311]]

concentrations in the discharge may exceed State water quality 
criteria.
    Previous studies have documented the potential of ballasting 
operations to transfer nonindigenous aquatic species into receiving 
waters. Ballast water potentially contains living microorganisms, 
plants, and animals that are native to the location where the water was 
pumped aboard. When the ballast water is transported to another port or 
coastal area and discharged, the surviving organisms are released and 
have the potential to invade and impact the local ecosystem.
    The Navy, MSC, and Coast Guard either currently implement or are in 
the process of approving a ballast water management policy requiring 
open-ocean ballast water exchange, based on guidelines established by 
the International Maritime Organization (Guidelines for Preventing the 
Introduction of Unwanted Aquatic Organisms and Pathogens from Ships' 
Ballast Water and Sediment Discharge, 10 May 1995). These management 
practices demonstrate the availability of controls to mitigate the 
potential adverse environmental impacts from this discharge. Therefore, 
EPA and DOD have determined that it is reasonable and practicable to 
require a MPCD for discharges of clean ballast.
5. Compensated Fuel Ballast
    This intermittent discharge is composed of the seawater taken into, 
and discharged from, tanks designed to hold both fuel and ballast water 
to maintain the stability of the vessel.
    Compensated fuel ballast systems are configured as a series of fuel 
tanks that automatically draw in seawater to replace fuel as it is 
consumed. Keeping the fuel tanks full in this manner enhances the 
stability of a vessel by using the weight of the seawater to compensate 
for the mass of ballast lost through fuel consumption. During 
refueling, fuel displaces the seawater, and the displaced seawater is 
discharged overboard.
    Compensated fuel ballast is discharged by approximately 165 Navy 
surface vessels and submarines. Surface ships with compensated fuel 
ballast systems discharge directly to surface waters each time they 
refuel. Surface vessels are refueled both inport and at sea. All at-sea 
refueling is accomplished beyond 12 n.m. from shore. For submarines, 
refueling occurs only in port and the compensated ballast is 
transferred to shore facilities for treatment and disposal.
    The compensated fuel ballast discharge can contain acrolein, 
phosphorus, thallium, oil (and its constituents, such as benzene, 
phenol, and toluene), copper, mercury (a bioaccumulative chemical of 
concern), nickel, silver, and zinc. Concentrations of acrolein, 
benzene, copper, nickel, silver, and zinc can exceed acute Federal 
criteria or State acute water quality criteria. The compensated fuel 
ballast discharge can also contain nitrogen (in the form of ammonia, 
nitrates and nitrites, and total Kjeldahl nitrogen) in concentrations 
exceeding the most stringent State water quality criteria.
    To reduce the discharge of fuel in compensated fuel ballast 
discharge, the Navy has instituted operational guidelines intended to 
reduce the potential for overfilling tanks or discharging excessive 
amounts of fuel entrained in the displaced compensating water while 
refueling surface vessels. These guidelines limit the amount of fuel 
that can be taken on in port (i.e., to prevent ``topping off'' the fuel 
tanks) and establish maximum allowable rates for inport refueling. 
Additionally, submarines transfer all compensated fuel ballast water to 
shore facilities when refueling diesel fuel oil tanks. These 
operational controls for surface vessel refueling and the practice of 
transferring the discharge to shore for submarines demonstrates the 
availability of MPCDs to mitigate potential adverse environmental 
impacts; therefore, EPA and DOD have determined it is reasonable and 
practicable to require the use of a MPCD for compensated fuel ballast.
6. Controllable Pitch Propeller Hydraulic Fluid
    This discharge is the hydraulic fluid that discharges into the 
surrounding seawater from propeller seals as part of normal operation, 
and the hydraulic fluid released during routine maintenance of the 
propellers.
    Controllable pitch propellers (CPP) are used to control a vessel's 
speed or direction while maintaining constant propulsion plant output 
(i.e., varying the pitch, or ``bite,'' of the propeller blades allows 
the propulsion shaft to remain turning at a constant speed). CPP blade 
pitch is controlled hydraulically through a system of pumps, pistons, 
and gears. Hydraulic oil may be released from CPP assemblies under 
three conditions: leakage through CPP seals, releases during underwater 
CPP repair and maintenance activities, or releases from equipment used 
for CPP blade replacement.
    Over 200 Armed Forces vessels have CPP systems. Leakage through CPP 
seals can occur within 12 n.m., but seal leakage is more likely to 
occur while the vessel is underway than while pierside or at anchor 
because the CPP system operates under higher pressure when a vessel is 
underway. Blade replacement occurs inport on an as-needed basis when 
dry-docking is unavailable or impractical, resulting in some discharge 
of hydraulic oil. Approximately 30 blade replacements and blade port 
cover removals (for maintenance) are conducted annually, fleetwide.
    CPP assemblies are designed to operate at 400 psi without leaking. 
Typical pressures while pierside range from 6 to 8 psi. CPP seals are 
designed to last five to seven years, which is the longest period 
between dry-dock cycles, and are inspected quarterly to check for 
damage or excessive wear. Because of the hub design and the frequent 
CPP seal inspections, leaks of hydraulic oil from CPP hubs are expected 
to be negligible. During the procedure for CPP blade replacement, 
however, hydraulic oil is released to the environment from tools and 
other equipment. In addition, hydraulic oil could also leak from the 
CPP hub during a CPP blade port cover removal.
    The Navy's repair procedures impose certain requirements during 
blade replacement and blade port cover removal to minimize the amount 
of hydraulic oil released to the extent possible. In addition, booms 
are placed around the aft end of the vessel to contain possible oil 
release during these procedures. Nevertheless, EPA and DOD believe that 
the amount of hydraulic oil released during underwater CPP maintenance 
could create an oil sheen and exceed State water quality criteria. 
Constituents of the discharge could include paraffins, olefins, and 
metals such as copper, aluminum, tin, nickel, and lead. Metal 
concentrations are expected to be low because hydraulic oil is not 
corrosive, and the hydraulic oil is continually filtered to protect 
against system failures.
    EPA and DOD have determined that pollution controls are necessary 
to mitigate the potential adverse environmental impacts that could 
result from releases of hydraulic oil during underwater maintenance on 
controllable pitch propellers. The existing repair procedures and the 
staging of containment booms and oil skimming equipment to capture 
released oil demonstrate the availability of MPCDs (i.e., best 
management practices) for this discharge. Therefore, EPA and DOD have 
determined that it is reasonable and practicable to require MPCDs to 
control discharges of CPP hydraulic fluid.

[[Page 45312]]

17. Deck Runoff
    Deck runoff is an intermittent discharge generated when water from 
precipitation, freshwater washdowns, or seawater falls on the exposed 
portion of a vessel such as a weather deck or flight deck. This water 
is discharged overboard through deck openings and washes overboard any 
residues that may be present on the deck surface. The runoff drains 
overboard to receiving waters through numerous deck openings. All 
vessels of the Armed Forces produce deck runoff, and this discharge 
occurs whenever the deck surface is exposed to water, both within and 
beyond 12 n.m.
    Contaminants present on the deck originate from topside equipment 
components and the many varied activities that take place on the deck. 
This discharge can include residues of gasoline, diesel fuel, Naval 
distillate fuel, grease, hydraulic fluid, soot, dirt, paint, glycol, 
cleaners such as sodium metasilicates, and solvents. A number of metal 
and organic pollutants may be present in the discharge, including 
silver, cadmium, chromium, copper, nickel, lead, benzene, ethylbenzene, 
toluene, xylene, polycyclic aromatic hydrocarbons, and phenol. Mass 
loadings and concentrations of these constituents will vary with a 
number of factors including ship operations, deck washdown frequency, 
and the frequency, duration, and intensity of precipitation events.
    Based on the results from limited sampling from catapult troughs (a 
component of runoff from aircraft carrier flight decks), oil and 
grease, phenols, chromium, cadmium, nickel, and lead could be present 
in this discharge at levels exceeding acute Federal criteria and State 
acute water quality criteria. If not properly controlled, oil 
collecting in catapult troughs can cause deck runoff from aircraft 
carrier flight decks to create an oil sheen on the surface of the 
receiving water, which would violate State water quality criteria. 
Armed Forces vessels already institute certain management practices 
intended to reduce the amount of pollutants discharged in deck runoff, 
including keeping weather decks cleared of debris, immediately mopping 
up and cleaning spills and residues, and engaging in spill prevention 
practices. These practices demonstrate the availability of controls to 
mitigate adverse impacts from deck runoff. Therefore, EPA and DOD have 
determined it is reasonable and practicable to require a MPCD for deck 
runoff.
8. Dirty Ballast
    This intermittent discharge is composed of the seawater taken into, 
and discharged from, empty fuel tanks to maintain the stability of the 
vessel. The seawater is brought into these tanks for the purpose of 
improving the stability of a vessel during rough sea conditions. Prior 
to taking on the seawater as ballast, fuel in the tank to be ballasted 
is transferred to another fuel tank or holding tank to prevent 
contaminating the fuel with seawater. Some residual fuel remains in the 
tank and mixes with the seawater to form dirty ballast. Dirty ballast 
systems are configured differently from compensated ballast and clean 
ballast systems. Compensated ballast systems continuously replace fuel 
with seawater in a system of tanks as the fuel is consumed. Clean 
ballast systems have tanks that carry only ballast water and are never 
in contact with fuel. In a dirty ballast system, water is added to a 
fuel tank after most of the fuel is removed.
    Thirty Coast Guard vessels generate dirty ballast as a discharge 
incidental to normal vessel operations. These Coast Guard vessels do so 
because their size and design do not allow for a sufficient volume of 
clean ballast tanks. The larger of these vessels discharge the dirty 
ballast at distances beyond 12 n.m. from shore, while the smaller 
vessels are cutters that discharge the dirty ballast between 3 and 12 
n.m. from shore. Coast Guard vessels monitor the dirty ballast 
discharge with an oil content monitor. If the dirty ballast exceeds 15 
ppm oil, it is treated in an oil-water separator prior to discharge.
    Expected constituents of dirty ballast are Naval distillate fuel or 
aviation fuel. Based on sampling results for compensated fuel ballast, 
which is expected to have similar constituents to dirty ballast, this 
discharge can contain oil (and its constituents such as benzene and 
toluene); biocidal fuel additives; metals such as copper, mercury (a 
bioaccumulative chemical of concern), nickel, silver, and zinc; and the 
pollutants acrolein, nitrogen (in the form of ammonia and total 
Kjeldahl nitrogen), and phosphorus.
    Uncontrolled discharges of dirty ballast would be expected to 
exceed acute Federal criteria or State acute water quality criteria for 
oil, benzene, phenol, copper, nickel, silver, and zinc. Concentrations 
of nitrogen would be expected to exceed the most stringent State water 
quality criteria. The use of oil content monitors and oil-water 
separators to reduce the concentration of oil (and associated 
constituents) demonstrates the availability of MPCDs to control this 
discharge. Therefore, EPA and DOD have determined that it is reasonable 
and practicable to require the use of MPCDs to control discharges of 
dirty ballast.
9. Distillation and Reverse Osmosis Brine
    This intermittent discharge is the concentrated seawater (brine) 
produced as a byproduct of the processes used to generate freshwater 
from seawater.
    Distillation and reverse osmosis plants are two types of water 
purification systems that generate freshwater from seawater for a 
variety of shipboard applications, including potable water for drinking 
and hotel services, and high-purity feedwater for boilers. Distillation 
plants boil seawater, and the resulting steam is condensed into high-
purity distilled water. The remaining seawater concentrate, or 
``brine,'' that is not evaporated is discharged overboard. Reverse 
osmosis systems separate freshwater from seawater using semi-permeable 
membranes as a physical barrier, allowing a portion of the seawater to 
pass through the membrane as freshwater and concentrating the suspended 
and dissolved constituents in a saltwater brine that is subsequently 
discharged overboard.
    Distillation or reverse osmosis systems are installed on 
approximately 540 Armed Forces vessels. This discharge can occur in 
port, while transiting to or from port, or while operating anywhere at 
sea (including within 12 n.m.). Distillation plants on steam-powered 
vessels may be operated to produce boiler feedwater any time a vessel's 
boilers are operating; however, operational policy limits its use in 
port for producing potable water because of the increased risk of 
biofouling from the water in harbors and the reduced demand for potable 
water. MSC steam-powered vessels typically operate one evaporator while 
in port to produce boiler feedwater; most diesel and gas-turbine 
powered MSC vessels do not operate water purification systems within 12 
n.m.
    Pollutants detected in distillation and reverse osmosis brine 
include copper, iron, lead, nickel, selenium, and zinc. The sampling 
data indicate that copper, lead, nickel and iron can exceed acute 
Federal criteria and State acute water quality criteria. The 
distillation and reverse osmosis brine discharge can also contain 
nitrogen (in the form of ammonia) and phosphorus in concentrations 
exceeding the most stringent State water quality criteria. The mass 
loadings of copper and iron are estimated to be significant. Thermal

[[Page 45313]]

effects modeling of distillation plant discharges indicates that the 
thermal plume does not exceed State water quality criteria.
    Review of existing practices indicate that certain operational 
controls limiting the use of distillation plants and reverse osmosis 
units can reduce the potential for this discharge to cause adverse 
environmental impacts in some instances. Additionally, it appears that, 
for some vessels, reverse osmosis units may present an acceptable 
alternative to the use of distillation plants. Reverse osmosis units 
discharge brines are expected to contain lower concentrations of metals 
because these systems have non-metallic membranes and ambient operating 
temperatures, resulting in less system corrosion. Further analysis is 
necessary before determining whether distillation plants should be 
replaced by reverse osmosis units. Nevertheless, existing operational 
practices for distillation and reverse osmosis plants and the 
availability of reverse osmosis units to replace distillation units on 
some vessels demonstrates the availability of MPCDs to reduce the 
effects of this discharge. Therefore, EPA and DOD have determined that 
it is reasonable and practicable to require MPCD controls for 
discharges of distillation plant and reverse osmosis brines.
10. Elevator Pit Effluent
    This discharge is the liquid that accumulates in, and is 
occasionally discharged from, the sumps of elevator wells on vessels. 
Most large surface ships have at least one type of elevator used to 
transport supplies, equipment, and personnel between different decks of 
the vessel. These elevators generally can be classified as either a 
closed design in which the elevator operates in a shaft, or an open 
design used to move aircraft between decks. Elevators operating in a 
shaft are similar to the conventional design seen in many buildings. 
For these elevators, a sump is located in the elevator pit to collect 
liquids entering the elevator and shaft areas. Deck runoff and elevator 
equipment maintenance activities are the primary sources of liquids 
entering the sump. On some vessels, the elevator sump is equipped with 
a drain to direct liquid wastes overboard. On others, piping is 
installed that allows an eductor to pump the pit effluent overboard. 
However, most vessels collect and containerize the pit effluent for 
disposal onshore or process it along with their bilgewater.
    The elevators used on aircraft carriers to move aircraft and 
helicopters from one deck to another are an open design (i.e., there is 
no elevator shaft). The elevator platform is supported by cables and 
pulleys, and it operates on either the port or starboard side of the 
ship away from the hull. Unlike elevators with pits, the aircraft 
elevators are exposed to the water below and there are no systems in 
place for collecting liquid wastes.
    Coast Guard, Army and Air Force vessels do not have elevators and 
therefore do not produce this discharge. The discharge of elevator pit 
effluent may occur at any location, within or beyond 12 n.m. from 
shore. Constituents in elevator pit effluent are likely to include 
grease, lubricating oil, fuel, hydraulic fluid, cleaning solvents, 
dirt, paint chips, aqueous film forming foam, glycol, and sodium 
metasilicate. The discharge can also contain nitrogen (measured as 
total Kjeldahl nitrogen) and metals from firemain water used to operate 
eductors draining the elevator pit.
    The concentrations of copper, nickel, and bis(2-
ethylhexyl)phthalate in firemain water (discussed below in section 
V.C.11) may exceed acute Federal criteria or State acute water quality 
criteria. The elevator pit effluent discharge can also contain nitrogen 
in concentrations exceeding the most stringent State water quality 
criteria. Constituent concentrations and mass loadings vary among ship 
classes depending on the frequency of elevator use, the size of the 
elevator openings, the amount and concentration of deck runoff, and the 
frequency of elevator equipment maintenance activities. Material 
accumulated in elevator pits is either collected for disposal onshore 
or directed to the bilgewater system for treatment through an oil-water 
separator prior to discharge. These existing practices demonstrate the 
availability of controls to reduce the potential for this discharge to 
cause adverse impacts on the environment. Therefore, EPA and DOD have 
determined that it is reasonable and practicable to require MPCDs for 
elevator pit effluent.
11. Firemain Systems
    This discharge is the seawater pumped through the firemain system 
for firemain testing, maintenance, and training, and to supply water 
for the operation of certain vessel systems.
    Firemain systems distribute seawater for firefighting and other 
services aboard ship. Firemain water is provided for firefighting 
through fire hose stations, sprinkler systems, and foam proportioners, 
which inject aqueous film forming foam (AFFF) into firemain water for 
distribution over flammable liquid spills or fire. Firemain water is 
also directed to other services including ballast systems, machinery 
cooling, lubrication, and anchor chain washdown. Discharges of firemain 
water incidental to normal vessel operations include anchor chain 
washdown, firemain testing, various maintenance and training 
activities, bypass flow from the firemain pumps to prevent overheating, 
and cooling of auxiliary machinery equipment (e.g., refrigeration 
plants). UNDS does not apply to discharges of firemain water that occur 
during firefighting or other shipboard emergency situations because 
they are not incidental to the normal operation of a vessel.
    Firemain systems aboard Armed Forces vessels are classified as 
either wet or dry. Wet firemain systems are continuously charged with 
water and pressurized so that the system is available to provide water 
upon demand. Dry firemains are not continuously charged with water, and 
consequently do not supply water upon demand. Dry firemain systems are 
periodically tested and are pressurized during maintenance or training 
exercises, or during actual emergencies.
    With the exception of small boats and craft, all Armed Forces 
vessels use firemain systems. All Navy surface ships and some MSC 
vessels use wet firemain systems. Submarines and all Army and Coast 
Guard vessels use dry firemains. Firemain system discharges occur both 
within and beyond 12 n.m. from shore. Flow rates depend upon the type, 
number, and operating time of the equipment and systems using water 
from the firemain system.
    Samples were collected from three vessels with wet firemain systems 
and analyzed to determine the constituents present. Because of longer 
contact times between seawater and the piping in wet firemains, and the 
use of zinc anodes in some seachests and heat exchangers to control 
corrosion, pollutant concentrations in wet firemains are expected to be 
higher than those in dry firemain systems. Pollutants detected in the 
firemain discharge include nitrogen (measured as total Kjeldahl 
nitrogen), copper, nickel, iron, zinc, and bis(2-ethylhexyl)phthalate. 
The concentrations of iron exceeded the most stringent State chronic 
water quality criteria. Copper, nickel, and bis(2-ethylhexyl)phthalate 
concentrations exceeded both the chronic Federal criteria and State 
chronic water quality criteria. The concentrations of nitrogen exceeded 
the most stringent State water quality criteria. These concentrations 
contribute to a significant total mass loading in the discharge due to 
the large volume of

[[Page 45314]]

water discharged from wet firemain systems. Circulation through heat 
exchangers to cool auxiliary machinery increases the temperature of the 
firemain water, but the resulting thermal effects do not exceed State 
mixing zone criteria.
    Firemain systems have a low potential for transporting 
nonindigenous aquatic species, primarily because the systems do not 
transport large volumes of water over great distances. In addition, 
stagnant portions of the firemain tend to develop anaerobic conditions 
which are inhospitable to most marine organisms.
    EPA and DOD believe that dry firemain systems may offer one means 
for reducing the total mass of pollutants discharged from firemain 
systems. The use of dry firemains for Coast Guard vessels demonstrates 
that, for at least some types of vessels, this option may be an 
available control mechanism. Another possible MPCD option for achieving 
pollutant reductions is the use of alternative piping systems (i.e., 
different metallurgy) that provide lower rates of pipe wall corrosion 
and erosion. The use of dry firemains and the potential offered by 
alternative piping systems demonstrates the availability of controls to 
mitigate potential adverse impacts on the environment. Therefore, EPA 
and DOD have determined that it is reasonable and practicable to 
require the use of a MPCD for firemain systems.
12. Gas Turbine Water Wash
    Gas turbine water wash consists of water periodically discharged 
while cleaning internal and external components of propulsion and 
auxiliary gas turbines. Approximately 155 Armed Forces vessels use gas 
turbines for either propulsion or auxiliary power generation. Gas 
turbine water wash is generated within 12 n.m. and varies by the type 
of gas turbine and the amount of time it is operated. Because the drain 
collecting system is limited in size, discharges may occur within 12 
n.m. On most gas turbine Navy and MSC ships, gas turbine water wash is 
collected in a dedicated collection tank and is not discharged 
overboard within 12 n.m. On ships without a dedicated collection tank, 
this discharge is released as a component of deck runoff, welldeck 
discharges, or bilgewater.
    Expected constituents of gas turbine water wash are synthetic 
lubricating oil, grease, solvent-based cleaning products, hydrocarbon 
combustion by-products, salts from the marine environment, and metals 
leached from metallic turbine surfaces. The concentration of 
naphthalene (from solvents) in the discharge is expected to exceed 
acute Federal criteria and State acute water quality criteria. Copper, 
nickel, and cadmium are also expected to be present in the discharge, 
but at concentrations below the acute Federal criteria and State acute 
water quality criteria. To limit the impacts of gas turbine water wash 
discharge while operating in coastal areas, most vessels direct the 
discharge to a dedicated holding tank for shore disposal. This 
containment procedure demonstrates the availability of controls for 
this discharge. Therefore, EPA and DOD have determined that it is 
reasonable and practicable to require the use of a MPCD for gas turbine 
water wash.
13. Graywater
    Section 312(a)(11) of the CWA defines graywater as ``galley, bath, 
and shower water.'' Recognizing the physical constraints of Armed 
Forces vessels and the manner in which wastewater is handled on these 
vessels, graywater is more broadly defined for the purposes of UNDS. 
For the purposes of this proposed regulation, the graywater discharge 
consists of graywater as defined in CWA section 312(a)(11), as well as 
drainage from laundries, interior deck drains, water fountains and 
miscellaneous shop sinks. All ships, and some small boats, of the Armed 
Forces generate graywater on an intermittent basis. Graywater 
discharges occur both within and beyond 12 n.m. from shore. Most Armed 
Forces vessels collect graywater and transfer it to shore treatment 
facilities while pierside. Some vessel types, however, have minimal or 
no graywater collection or holding capability and discharge the 
graywater directly overboard while pierside.
    Less than half of all graywater discharged within 12 n.m. occurs 
pierside from vessels lacking graywater collection holding capability. 
The remainder of the discharge in coastal waters occurs during transit 
within 12 n.m. from shore. Present in the discharge are several 
priority pollutants including mercury, which is a known bioaccumulative 
chemical of concern. Copper, lead, mercury, nickel, silver, and zinc 
were detected in concentrations that exceed acute Federal criteria and 
State acute water quality criteria. Graywater also contains 
conventional and nonconventional pollutants, such as total suspended 
solids, biochemical oxygen demand, chemical oxygen demand, oil, grease, 
ammonia, nitrogen, and phosphates. Due to the large volume of graywater 
generated each year, the mass loadings of these constituents may be 
significant. The use of containment systems to transfer graywater to 
shore treatment facilities demonstrates the availability of controls to 
mitigate adverse impacts on the environment. Therefore, EPA and DOD 
have determined that it is reasonable and practicable to require a MPCD 
to control graywater discharges.
14. Hull Coating Leachate
    This discharge consists of constituents that leach, dissolve, 
ablate, or erode from hull paints into the surrounding seawater.
    Vessel hulls that are continuously exposed to seawater are 
typically coated with a base anti-corrosive coating covered by an anti-
fouling coating. This coating system prevents corrosion of the 
underwater hull structure and, through either an ablative (eroding or 
dissolving) or non-ablative (leaching) action, releases antifouling 
compounds. These compounds inhibit the adhesion of biological growth to 
the hull surface.
    The coatings on most vessels of the Armed Forces are either copper- 
or tributyl tin (TBT)-based, with copper-based ablative paints being 
the most predominant coating system. The Armed Forces have been phasing 
out the use of TBT paints and now it is found only on approximately 10-
20 percent of small boats and craft with aluminum hulls. Small boats 
and craft that spend most of their time out of water typically do not 
receive an anti-corrosive or anti-fouling coating.
    Hull coating leachate is generated continuously whenever a vessel 
hull is exposed to water, within and beyond 12 n.m. from shore. 
Priority pollutants expected to be present in this discharge include 
copper and zinc. TBT is also expected to be present in this discharge 
for those vessels with TBT paint. The release rate of the constituents 
in hull coating leachate varies with the type of paint used, water 
temperature, vessel speed, and the age of the coating. Using average 
release rates derived from laboratory tests, the wetted surface area of 
each vessel, and the number of days the vessel is located within 12 
n.m., EPA and DOD estimated the mass of copper, zinc, and TBT released 
in the leachate and concluded that the discharge has the potential to 
cause an adverse environmental effect.
    Annual releases of TBT are expected to decrease since TBT coatings 
are being phased out by DOD and the Coast Guard. Both DOD and the 
commercial industry have conducted research on the use of advanced 
antifouling coatings such as easy release coatings (e.g., silicone) 
that resist biofouling when the vessel is in motion and a critical 
speed is reached. The combination of phasing out TBT paints, the 
potential to establish limits on copper release rates for copper-based 
coating systems, and

[[Page 45315]]

the potential for alternative coating systems to reduce copper 
discharges demonstrates the availability of controls to mitigate 
potential environmental impacts from hull coating leachate. Thus, EPA 
and DOD determined that it is reasonable and practicable to require use 
of a MPCD for hull coating leachate.
15. Motor Gasoline Compensating Discharge
    This intermittent discharge consists of seawater taken into, and 
discharged from, motor gasoline tanks. Motor gasoline (MOGAS) is used 
to operate vehicles and equipment stored or transported on some Navy 
amphibious vessels. The MOGAS is stored in a compensating fuel tank 
system in which seawater is automatically added to fuel tanks as the 
gasoline is consumed in order to eliminate free space where vapors 
could accumulate. During refueling, gasoline displaces seawater from 
the tanks, and the displaced seawater is discharged directly overboard. 
A compensating system is used for MOGAS to provide supply pressure for 
the gasoline and to keep the tank full to prevent potentially explosive 
gasoline vapors from forming.
    The Navy has two classes of vessels with MOGAS storage tanks. 
Eleven of these vessels are homeported in the U.S. Based on operational 
practices, vessels with MOGAS storage tanks typically refuel once per 
year, and the refuelings are always conducted in port. Therefore, all 
discharges from the MOGAS compensating system occur in port.
    Seawater in the MOGAS compensating system is in contact with the 
gasoline for long periods of time. MOGAS discharges are expected to 
contain benzene, ethylbenzene, toluene, phenols, and naphthalenes at 
concentrations that exceed acute water quality criteria.
    Specific operating procedures are followed when refueling MOGAS 
tanks to reduce the potential for discharging gasoline. These 
procedures require MOGAS tanks to be filled slowly and prohibit filling 
the tanks beyond 80 percent of the total tank capacity. Containment is 
placed around hose connections to contain any releases of gasoline, and 
containment booms are placed in the water around the vessel being 
refueled. Diffusers are used within the tanks to prevent entraining 
fuel into the discharged compensating water. These management practices 
demonstrate the availability of controls to mitigate potential adverse 
impacts to the environment. Therefore, EPA and DOD have determined that 
it is reasonable and practicable to require MPCDs for the MOGAS 
compensating discharge.
16. Non-Oily Machinery Wastewater
    This intermittent discharge is composed of water leakage from the 
operation of equipment such as distillation plants, water chillers, 
valve packings, water piping, low- and high-pressure air compressors, 
and propulsion engine jacket coolers. The discharge is captured in a 
dedicated system of drip pans, funnels, and deck drains to prevent 
mixing with oily bilgewater. Only wastewater that is not expected to 
contain oil is collected in this system. Non-oily machinery wastewater 
from systems and equipment located above the waterline is drained 
directly overboard. Non-oily machinery wastewater from systems and 
equipment below the waterline is directed to collection tanks prior to 
overboard discharge.
    Nuclear-powered Navy surface vessels and some conventionally-
powered vessels have dedicated non-oily machinery wastewater systems. 
Most other Armed Forces vessels have no dedicated non-oily machinery 
wastewater system, so this type of wastewater drains directly to the 
bilge and is part of the bilgewater discharge.
    Non-oily machinery wastewater is discharged in port, during 
transit, and at sea. This discharge is generated whenever systems or 
equipment are in use, and varies in volume according to ship size and 
the level of machinery use.
    Pollutants, including copper, nickel, silver, and bis(2-
ethylhexyl)phthalate were present in concentrations that exceed acute 
Federal criteria or State acute water quality criteria. Nitrogen (in 
the form of ammonia, nitrates and nitrites, and total Kjeldahl 
nitrogen) and total phosphorus were present in concentrations exceeding 
the most stringent State water quality criteria. Mercury (a 
bioaccumulative chemical of concern) was also detected, but at 
concentrations that did not exceed Federal or State water quality 
criteria. There was significant variability in sampling data, and flow 
rate data were insufficient for reliably estimating mass loadings for 
this discharge. System design changes to control the types and numbers 
of contributing systems and equipment, and implementation of management 
practices to reduce the generation of non-oily machinery wastewater are 
potential options for reducing the potential impact of this discharge 
on the environment. For this proposed rule, EPA and DOD have determined 
that it is reasonable and practicable to require MPCDs for non-oily 
machinery wastewater.
17. Photographic Laboratory Drains
    This intermittent discharge is laboratory wastewater resulting from 
processing photographic film. Typical liquid wastes from these 
activities include spent film processing chemical developers, fixer-
bath solutions and film rinse water.
    Navy ship classes such as aircraft carriers, amphibious assault 
ships, and submarine tenders have photographic laboratory facilities, 
including color, black-and-white and x-ray photographic processors. The 
Coast Guard has two icebreakers with photographic and x-ray processing 
capabilities. The MSC has two vessels that have photographic processing 
equipment onboard, but the equipment normally is not operated in U.S. 
waters. Army, Air Force, and Marine Corps vessels do not use 
photographic equipment aboard their vessels and therefore do not 
produce this discharge.
    Photographic laboratory wastes may be generated within and beyond 
12 n.m. from shore, although current practice is to collect and hold 
the waste onboard within 12 n.m. The volume and frequency of the waste 
generation varies with a vessel's photographic processing capabilities, 
equipment, and operational objectives.
    Expected constituents in photographic laboratory waste include 
acetic acid, aluminum sulfate, ammonia, boric acid, ethylene glycol, 
sulfuric acid, sodium acetate, sodium chloride, ammonium bromide, 
aluminum sulfate, and silver. Concentrations of silver can exceed acute 
Federal criteria and State acute water quality criteria; however, the 
existing data are insufficient to determine whether drainage from 
shipboard photographic laboratories has the potential to cause adverse 
environmental effects.
    The Navy has adopted guidance to control photographic laboratory 
drains, including containerizing for onshore disposal all photographic 
processing wastes generated within 12 n.m., and is transitioning to 
digital photographic systems. The current handling practices and the 
availability of digital photographic systems demonstrates that MPCDs 
are available to mitigate potential adverse effects, if any, from 
photographic laboratory drains. Therefore, EPA and DOD have determined 
that it is reasonable and practicable to require use of a MPCD for this 
discharge.

[[Page 45316]]

18. Seawater Cooling Overboard Discharge
    This discharge consists of seawater from a dedicated system that 
provides noncontact cooling water for other vessel systems. 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 heated seawater 
is discharged directly overboard. With the exception of some small, 
non-self-propelled vessels and service craft, all Armed Forces vessels 
discharge seawater from cooling systems. Typically, the demand for 
seawater cooling is continuous and occurs both within and beyond 12 
n.m. from shore.
    Seawater cooling overboard discharge contains trace materials from 
seawater cooling system pipes, valves, seachests, pumps, and heat 
exchangers. Pollutants detected in seawater cooling overboard discharge 
include copper, zinc, nickel, arsenic, chromium, lead, and nitrogen (in 
the form of ammonia, nitrates and nitrities, and total Kjeldahl 
nitrogen). Copper, nickel, and silver were detected in concentrations 
exceeding both the chronic Federal criteria and State chronic water 
quality criteria. Nitrogen was detected in concentrations exceeding the 
most stringent State water quality criteria. These concentrations 
contribute to a significant total mass released by this discharge due 
to the large volume of cooling water. In addition, thermal effects 
modeling indicate that some vessels may exceed State thermal mixing 
zone requirements. The seawater cooling water system has a low 
potential for transporting nonindigenous species, because the residence 
time for most portions of the system are short. However, a strainer 
plate is used to minimize the inflow of larger biota during system 
operation. The strainer plate is periodically cleaned using low 
pressure air or steam to dislodge any accumulated material. This 
procedure may result in releasing biota that have attached to the 
plate.
    A potential MPCD option for achieving pollutant reductions is the 
use of alternative piping systems (i.e., different metallurgy) that 
provide lower rates of pipe wall corrosion and erosion. The potential 
substitution of materials demonstrates the availability of controls to 
mitigate potential adverse impacts on the environment. Based on this 
information, EPA and DOD have determined that it is reasonable and 
practicable to require use of a MPCD for this discharge.
19. Seawater Piping Biofouling Prevention
    This discharge consists of the additives used to prevent the growth 
and attachment of biofouling organisms in seawater cooling systems on 
selected vessels, as well as the reaction byproducts resulting from the 
use of these additives. Aboard some vessels, active biofouling control 
systems are used to control biological fouling of surfaces within the 
seawater cooling systems. Generally, these active biofouling control 
systems are used when the cooling system piping does not have inherent 
antifouling properties (e.g., titanium piping). The most common 
seawater piping biofouling prevention systems include chlorination, 
chemical dosing, and anodic biofouling control systems. All three 
systems act to prevent fouling organisms from adhering to and growing 
on interior piping and components. Fouling reduces seawater flow and 
heat transfer efficiency. Chlorinators use electric current to generate 
chlorine and chlorine-produced oxidants from seawater. Anodic 
biofouling control systems use electric current to accelerate the 
dissolving of an anode to release metal ions into the piping system. 
Chemical dosing uses an alcohol-based chemical dispersant that is 
intermittently injected into the seawater system.
    Twenty-nine Armed Forces vessels use active seawater piping 
biofouling control systems. Nine vessels use onboard chlorinators, 19 
vessels use anodic biofouling control systems, and one vessel employs 
chemical dosing. Chlorinators operate on a preset schedule of 
intermittent operation, a few hours daily. Chemical dispersant dosing 
is performed for one hour every three days. Anodic systems normally 
operate continuously.
    Seawater discharged from systems with active biofouling control 
systems is likely to contain residuals from the fouling control agent 
(chlorine, alcohol-based chemical additives, or copper), in addition to 
constituents normally found in cooling water. Based on modeling of the 
discharge plume, EPA and DOD estimate that receiving water 
concentrations of residual chlorine could exceed chronic Federal 
criteria and State chronic water quality criteria. Because of the large 
volume of seawater discharged from these systems, the resulting mass 
loading of chlorine released to the environment is considered 
significant.
    Existing operational controls that limit the residual chlorine 
discharged to the environment demonstrate the availability of an MPCD 
to mitigate the potential for adverse impacts from this discharge. EPA 
and DOD have determined that it is reasonable and practicable to 
require a MPCD for seawater piping biofouling prevention systems.
20. Small Boat Engine Wet Exhaust
    This discharge is the seawater that is mixed and discharged with 
small boat propulsion engine exhaust gases to cool the exhaust and 
quiet the engine. Small boats are powered by either inboard or outboard 
engines. Seawater is injected into the exhaust of these engines for 
cooling and to quiet engine operation. Constituents from the engine 
exhaust are transferred to the injected seawater and discharged 
overboard as wet exhaust.
    Most small boats with engines generate this discharge. The majority 
of inboard engines used on small boats are two-stroke engines that use 
diesel fuel. The majority of outboard engines are two-stroke engines 
that use a gasoline-oil mixture for fuel. This discharge is generated 
when operating small boats. Due to their limited range and mission, 
small boats spend the majority of their operating time within 12 n.m. 
from shore.
    Wet exhaust from outboard engines contains several constituents 
that can exceed acute Federal criteria or State acute water quality 
criteria including benzene, toluene, ethylbenzene, and naphthalene. Wet 
exhaust from inboard engines can contain benzene, ethylbenzene, and 
total polycyclic aromatic hydrocarbons (PAHs) that can exceed State 
water quality criteria. Mass loadings of these wet exhaust constituents 
are considered large. Potential MPCD options include replacing existing 
outboard engines with new reduced-emission outboard engines, and 
ensuring all new boats and craft have inboard engines with dry exhaust 
systems. Therefore, EPA and DOD have determined that it is reasonable 
and practicable to require use of a MPCD for small boat engine wet 
exhaust.
21. Sonar Dome Discharge
    This discharge is generated by the leaching of antifoulant 
materials from the sonar dome material into the surrounding seawater 
and the discharge of seawater or freshwater from within the sonar dome 
during maintenance activities. Hull-mounted sonar domes house the 
electronic equipment used to navigate, detect, and determine the range 
to objects. Sonar domes are composed of either rubber impregnated with 
TBT anti-foulant, rubber without

[[Page 45317]]

TBT, steel, or glass-reinforced plastic, and are filled with freshwater 
and/or seawater to maintain their shape and internal pressure. The 
discharge is generated when materials leach from the exterior surface 
of the dome, or when water from inside the dome is pumped overboard to 
allow for periodic maintenance or repairs on the sonar dome or 
equipment housed inside the dome.
    Only Navy and MSC operate vessels with sonar domes. Sonar domes are 
currently installed on approximately 225 vessels, including eight 
classes of Navy vessels and one class of MSC vessels. Sonar domes on 
MSC vessels are fiberglass and do not contain TBT.
    The leaching of materials from the exterior surface of the dome is 
a continuous discharge and occurs both within and beyond 12 n.m. from 
shore. Discharges from the interior of the dome are intermittent and 
occur while the vessel is pierside as water inside the dome is removed 
to allow for periodic maintenance or repairs (approximately twice per 
year per dome).
    Expected constituents of sonar dome water discharge are TBT, 
dibutyl tin, monobutyl tin, and metals such as copper, nickel, zinc, 
and tin. Based on sampling data in the record, concentrations of TBT, 
copper, nickel, and zinc can exceed acute Federal criteria or State 
acute water quality criteria, although fleetwide mass loadings of these 
constituents are not considered large (15 lbs/year of TBT, 23 lbs/year 
of copper, 11 lbs/year of nickel, and 122 lbs/year of zinc). 
Nevertheless, the Navy has instituted a program to install new sonar 
domes that do not have TBT-impregnated internal surfaces as existing 
domes require replacement. This practice demonstrates the availability 
of a control to mitigate potential adverse environmental impacts, if 
any, from sonar dome discharges. Therefore EPA and DOD have determined 
that it is reasonable and practicable to require a MPCD for sonar dome 
discharges.
22. Submarine Bilgewater
    The submarine bilgewater discharge contains a mixture of wastewater 
and leakage from a variety of sources that are allowed to drain to the 
lowest inner part of the hull, known as the bilge. These sources can 
include condensed steam from steam systems, spillage from drinking 
fountains, valve and piping leaks, and evaporator dumps (i.e., 
evaporator water that fails to meet specifications for use). From the 
various collection points in the bilge, this bilgewater is transferred 
via an auxiliary drain system to a series of holding tanks. Most 
submarines have the capability to segregate oily wastewater from non-
oily wastewater. The non-oily waste is discharged directly overboard 
and the oily wastewater is collected in a tank that allows gravity 
separation of the oil and water. The separated water phase is then 
discharged overboard, as needed, and the oil phase held onboard until 
it can be transferred to shore facilities for disposal.
    This discharge is generated by all submarines, all of which are 
operated by the Navy. Approximately 60 of the submarines (the SSN 688 
class) discharge the separated water phase from the bilgewater 
collection tanks within and beyond 12 n.m. from shore. The remaining 
submarines generally hold all bilgewater onboard until they are beyond 
50 n.m. from shore. The frequency and volume of the discharge is highly 
variable, depending upon crew size, operating depth, and equipment 
conditions.
    Sampling conducted onboard submarines showed concentrations of 
cadmium, chlorine, copper, cyanide, heptachlor, heptachlor epoxide, 
mercury (a bioaccumulative chemical of concern), nickel, oil, phenol, 
silver, and zinc that exceeded acute Federal criteria or State acute 
water quality criteria. Submarines use gravity separation to reduce the 
concentration of oil in bilgewater prior to discharge; however, this 
method apparently does not consistently produce a discharge that meets 
water quality criteria. The adequacy of existing gravity separation 
treatment to provide effective environmental protection will be 
addressed by the Phase II rulemaking. The nature of this discharge is 
such that submarine bilgewater, if untreated, could potentially impact 
the environment. Because of this potential to cause adverse 
environmental impacts, coupled with the demonstration that pollution 
controls are available to reduce the oil content of the discharge, EPA 
and DOD have determined that it is reasonable and practicable to 
require the use of a MPCD for submarine bilgewater.
23. Surface Vessel Bilgewater/OWS Discharge
    The surface vessel bilgewater/OWS discharge consists of a mixture 
of wastewater and leakage from a variety of sources that are allowed to 
drain to the lowest inner part of the hull, known as the bilge. The 
sources of surface vessel bilgewater are generally similar to those 
discussed above for submarines. An additional source of bilgewater for 
surface vessels is water from the continual blowdown of boilers (i.e., 
boiler blowdown). On surface vessels, bilgewater is usually transferred 
to an oily waste holding tank, where it is stored for shore disposal or 
treated in an oil-water separator (OWS) to remove oil before being 
discharged overboard. Some vessels also have an oil content monitor 
(OCM) installed downstream from the OWS to monitor bilgewater oil 
content prior to discharge. Vessels with OCMs have the capability to 
return bilgewater not meeting a preset oil concentration limit to the 
OWS for reprocessing until the limit is met. Oil collected from the OWS 
separation process is held in a waste oil tank until transferred to 
shore facilities for disposal.
    All vessels of the Armed Forces produce bilgewater and most of the 
larger vessels have OWS systems. Small craft bilgewater is collected 
and transferred to shore facilities while pierside.
    Bilgewater accumulates continuously; however, vessels of the Armed 
Forces do not discharge untreated bilgewater. Under current policy, 
bilgewater treated by an OWS can be discharged as needed within 12 
n.m., while untreated bilgewater is held for transfer to a shore 
facility for treatment. For vessels with an OWS and OCM, oil 
concentrations in the treated bilgewater must be less than 15 ppm prior 
to overboard discharge.
    Sampling data for OWS effluent show oil, copper, iron, mercury (a 
bioaccumulative chemical of concern), nickel, and zinc exceed acute 
Federal criteria or State acute water quality criteria. Sampling data 
also show concentrations of nitrogen (in the form of ammonia, nitrates 
and nitrites, and total Kjeldahl nitrogen) and phosphorus exceed the 
most stringent State water quality criteria. The estimated mass loading 
for oil is considered to be large.
    The existing policies prohibiting the discharge of untreated 
bilgewater, and the extensive use of oil-water separators and oil 
content monitors demonstrate the availability of pollution controls for 
bilgewater. The data in the record indicate that untreated bilgewater 
would likely cause adverse environmental impacts. Therefore, EPA and 
DOD have determined that it is reasonable and practicable to require 
the use of a MPCD for this discharge.
24. Underwater Ship Husbandry
    The underwater ship husbandry discharge is composed of materials 
discharged during the inspection, maintenance, cleaning, and repair of 
hulls and hull appendages performed while the vessel is waterborne. 
Underwater ship husbandry includes activities such as hull cleaning,

[[Page 45318]]

fiberglass repair, welding, sonar dome repair, propulsor lay-up, non-
destructive testing, masker belt repairs, and painting operations.
    Underwater ship husbandry discharge is created occasionally by all 
Navy surface ships and submarines, and some Coast Guard vessels. These 
ship husbandry operations are normally conducted pierside. Of the 
underwater ship husbandry operations, only underwater hull cleaning and 
propulsor (i.e., propeller) lay-up have the potential for causing an 
adverse environmental effect. Underwater hull cleaning is conducted by 
divers using a mechanical brush system. Copper and zinc are released 
during cleaning in concentrations that exceed acute Federal criteria 
and State acute water quality criteria and produce a significant mass 
loading of constituents. The copper and zinc in this discharge 
originate from the anti-fouling and anticorrosive hull coatings applied 
to vessels. Data from commercial vessels indicate that underwater hull 
cleaning also has the potential to transfer nonindigenous aquatic 
species. Propulsor lay-up requires the placement of a vinyl cover over 
the propulsor to reduce fouling of the propulsor when the vessel is in 
port for extended periods. Chlorine-produced oxidants are generated 
from impressed current cathodic protection systems and can build up 
within the cover to levels exceeding State water quality criteria. 
However, discharges from this operation, as well as other ship 
husbandry operations (excluding hull cleaning) are infrequent and small 
in terms of volume or mass loading.
    The Navy has established policies to minimize the number of hull 
cleanings, based on the degree to which biological fouling has 
occurred. In addition, the Navy has established procedures to use the 
least abrasive cleaning equipment necessary as a means for reducing the 
mass of copper and zinc in the discharge. These practices represent 
available controls to mitigate adverse impacts from underwater ship 
husbandry operations, and EPA and DOD have determined that it is 
reasonable and practicable to require the use of a MPCD to control this 
discharge.
25. Welldeck Discharges
    This discharge is the water that accumulates from the seawater 
flooding of the docking well (welldeck) of a vessel used to transport, 
load, and unload amphibious vessels, and from the maintenance and 
freshwater washings of the welldeck and equipment and vessels stored in 
the welldeck.
    Amphibious operations by the Armed Forces require transport of 
vehicles, equipment, and personnel between ship and shore on landing 
craft. The landing craft are stored in a docking well, or welldeck, of 
some classes of amphibious warfare ships. To load or unload landing 
craft, amphibious warfare ships may need to flood the welldeck by 
taking on ballast water and sinking the aft (rear) end of the ship. 
Water that washes out of the welldeck contains residual materials that 
were on the welldeck prior to flooding. Other welldeck discharges are 
created by routine operations such as washing equipment and vehicles 
with potable water, washing the gas turbine engines of air-cushion 
landing craft (LCACs) in the welldeck with mild detergents, and 
graywater from stored utility landing craft (LCUs). Additionally, the 
U.S. Department of Agriculture (USDA) requires washing welldecks, 
vehicle storage areas, and equipment upon return from overseas 
locations. The washing is required to ensure that there is no 
inadvertent transport of nonindigenous species to land. USDA-required 
washes of welldecks and vehicle storage areas occur pierside, while 
vehicles and equipment are washed onshore in a USDA-designated area. 
Effluent from these activities drain to unflooded welldecks and are 
discharged directly overboard.
    The Navy is the only branch of the Armed Forces with ships having 
welldecks. Thirty-three amphibious warfare ships produce this 
discharge, which is released both within and beyond 12 n.m. from shore.
    Depending upon the specific activities conducted, welldeck 
discharges contain a variety of residual constituents, including oil 
and grease, ethylene glycol (antifreeze), chlorine, detergents/
cleaners, metals, solvents, and sea-salt residues. The volume of 
welldeck washout varies depending upon the type of landing craft to be 
loaded or unloaded. The greatest volume of welldeck discharge occurs 
when LCUs are being loaded into, or unloaded from the welldeck. Loading 
and unloading of LCACs does not require the welldeck to be flooded. 
Instead, a small ``surge'' of water enters the ship during these 
operations. Constituent concentrations in welldeck washout are expected 
to be low due to dilution in the large volume of water discharged, and 
because of general housekeeping procedures which require containment 
and cleanup of spills on the welldeck.
    Other discharges from the welldeck include vehicle and craft 
washwater, gas turbine engine washes, and USDA washes. Constituents of 
these discharges are expected to be identical to those in welldeck 
washout. Of the various welldeck discharges, gas turbine water washes 
and USDA washes may result in hydrocarbon, chlorine, or metal 
concentrations that exceed acute water quality criteria. In addition, 
there is a potential for nonindigenous species to be introduced from 
USDA-required welldeck washes, although it should be noted that the 
viability of any species introduced is questionable since they 
generally would have been exposed to air for extended periods of time 
prior to their introduction into U.S. coastal waters (i.e., for the 
most part, these species would have been removed from vehicles and deck 
surfaces and thus it would not be a water-to-water transfer, in 
contrast to species transfers from ballast water systems).
    Existing practices for containment and cleanup of welldeck spills 
demonstrate the availability of controls to reduce contamination of 
welldeck discharges and the potential for causing adverse environmental 
impacts (e.g., oil sheens). EPA and DOD have determined that it is 
reasonable and practicable to require a MPCD for welldeck discharges.

D. Discharges That Do Not Require Use of a MPCD

    For the reasons discussed below, EPA and DOD have determined that 
it is not reasonable and practicable to require the use of a MPCD to 
control 14 discharges incidental to the normal operation of Armed 
Forces vessels. Based on the information in the record, these 
discharges have a low potential to adversely affect the environment by 
introduction of chemical constituents, thermal pollution, 
bioaccumulative chemicals of concern, or nonindigenous species.
    As discussed below, in some cases, the concentration of one or more 
constituents in the undiluted discharge exceed water quality criteria 
at the point of discharge. However, such discharges occur in low 
volumes or infrequently. In all of these instances, either the 
pollutant concentration in the discharge plume quickly falls below 
water quality criteria once the dilution effect of mixing zones is 
taken into account, or the low mass loading of the discharge is 
unlikely to adversely affect the environment.
    EPA and DOD have determined that it is not reasonable and 
practicable to require a MPCD to mitigate adverse impacts on the marine 
environment for the discharges listed in Table 2 of this preamble and 
discussed below in this section. These discharges would not require 
control, and no control standards will be set for them, in Phase

[[Page 45319]]

II of UNDS development. Upon promulgation of the final Phase I rule, 
States and their political subdivisions would be prohibited from 
adopting or enforcing any statute or regulation to control these 
discharges, except by establishing no-discharge zones (see section VI.C 
of this preamble). Following promulgation of the final Phase I rule, 
States can petition EPA and DOD to review the determination not to 
require MPCDs for these discharges using the procedures set forth in 
proposed 40 CFR 1700.11 and 1700.12.
    The discussion below provides a brief description of the discharges 
and the systems that produce the discharge and highlights the most 
significant constituents released to the environment and other 
characteristics of the discharge. A more detailed discussion of these 
discharges is presented in Appendix A of the Technical Development 
Document.
1. Boiler Blowdown
    This discharge is the water and steam discharged during the 
blowdown of a boiler or steam generator, or when a safety valve is 
tested. Boilers are used to produce steam for propulsion and a variety 
of auxiliary and hotel services. Water supplied to the boiler system 
(feedwater) is treated with chemicals to inhibit corrosion and the 
formation of scale in the boiler and boiler system piping. 
Periodically, water must be removed from the boiler to control the 
buildup of particulates, sludge, and treatment chemical concentrations. 
The term ``blowdown'' refers to the minimum discharge of boiler water 
required to prevent the buildup of these materials in the boiler to 
levels that would adversely affect boiler operation and maintenance. 
There are four types of boiler blowdown procedures employed on Armed 
Forces vessels: (1) surface blowdowns for removing materials dissolved 
in the boiler water and for controlling boiler water chemistry; (2) 
scum blowdowns for removing surface scum; (3) bottom blowdowns for 
removing sludge that settles at the bottom of boilers; and (4) 
continuous blowdowns for removing dissolved metal chelates and other 
suspended matter. The type of blowdown used is a function of the boiler 
water chemistry and thus varies among vessel classes. With the 
exception of continuous blowdowns, boiler blowdowns are discharged 
below the vessel waterline. Continuous blowdowns are discharged inside 
the vessel and are directed to the bilge. These are addressed as part 
of the surface vessel bilgewater/OWS discharge (see section V.C.23 of 
this preamble). Another discharge occurs during periodic testing of 
steam generator safety valves on nuclear-powered vessels. The safety 
valve discharge is a short-duration release of steam below the vessel 
waterline.
    Approximately 360 surface vessels and submarines discharge boiler 
blowdowns directly to receiving waters. These blowdowns occur both 
within and beyond 12 n.m. from shore. Nuclear-powered ships perform 
steam generator safety valve testing only in port once every five 
years.
    Boiler blowdown is discharged intermittently in small volumes 
(approximately 300 gallons per discharge), at high velocities (over 400 
feet per second), and at elevated temperatures (over 325 degrees 
Fahrenheit). Boiler water treatment chemicals used by Armed Forces 
vessels include ethylenediamine-tetraacetic acid (EDTA), hydrazine, 
sodium hydroxide, and disodium phosphate. Sampling data for boiler 
blowdowns indicate the presence of nitrogen (in the form of ammonia, 
nitrates and nitrites, and total Kjeldahl nitrogen), phosphorus, 
hydrazine, iron, bis(2-ethylhexyl)phthalate, antimony, arsenic, 
cadmium, chromium, copper, lead, nickel, selenium, thallium, and zinc. 
Boiler blowdown discharges from conventionally-powered boilers exceed 
Federal criteria and State water quality criteria for copper, nickel, 
and zinc, and the most stringent State water quality criteria for 
nitrogen, phosphorus, iron, and lead. Blowdown discharges from nuclear-
powered steam generators exceed acute Federal criteria and State acute 
water quality criteria for copper, and the most stringent State acute 
water quality criteria for lead and nickel. For nitrogen and 
phosphorus, the most stringent State water quality criteria was 
exceeded. However, the turbulent mixing resulting from the high 
velocity discharge, and the relatively small volume of the boiler 
blowdown causes pollutant concentrations to rapidly dissipate to 
background levels or below acute Federal criteria and State acute water 
quality criteria within a short distance from the point of discharge. 
Based on thermal modeling of the discharge plume, boiler blowdowns are 
not expected to exceed State standards for thermal effects. Thermal 
effects from safety valve testing are substantially less than that from 
blowdowns, thus safety valve testing also will not exceed State 
standards for thermal effects. Annual fleetwide pollutant discharges 
from boiler blowdowns within 12 n.m. are estimated at 3,036 pounds per 
year of phosphorus, 513 pounds/year of nitrogen, less than 11 pounds of 
copper, less than 2 pounds of lead, approximately 10 pounds of nickel, 
and less than 12 pounds of zinc. The fleetwide discharge of all 
pollutants from safety valve testing is less than 5 pounds/year. While 
the pollutant concentrations in the boiler blowdown discharges exceed 
acute Federal criteria and State acute water quality criteria, they are 
discharged intermittently and in small volumes. Further, these 
discharges are distributed throughout the U.S. at Armed Forces ports, 
and each individual port receives only a fraction of the total 
fleetwide mass loading. Based on the information in the record 
regarding the low mass of pollutants discharged during boiler blowdowns 
and safety valve discharges, and the manner in which the discharges 
take place, there is a low potential for causing adverse environmental 
impacts. Therefore, EPA and DOD have concluded that it is not 
reasonable and practicable to require the use of a MPCD to mitigate 
adverse impacts on the marine environment for this discharge.
2. Catapult Wet Accumulator Discharge
    This discharge is the water discharged from a catapult wet 
accumulator, which stores a steam/water mixture for launching aircraft 
from an aircraft carrier.
    The steam used as the motive force for operating the catapults for 
launching aircraft is provided to the catapult from a steam reservoir, 
referred to as the catapult wet accumulator. The catapult wet 
accumulator is a pressure vessel containing a steam/water mixture at a 
high temperature and pressure. The accumulator is fed an initial charge 
of boiler feedwater and provided steam from boilers. As steam is 
released from the accumulator for the catapult launch, the pressure 
reduction in the accumulator allows some of the water to flash to 
steam, providing additional steam to operate the catapult. During 
operation of the system, steam condenses in the accumulator and causes 
the water level in the accumulator to gradually rise. Periodic 
blowdowns of the accumulator are required to maintain the water level 
within operating limits. This steam/water mixture released during the 
blowdown is discharged below the vessel waterline. In addition to 
blowdowns required during catapult operation and testing, wet 
accumulators are emptied prior to major maintenance of the accumulator 
or when a carrier will be in port for more than 72 hours. When emptying 
the accumulator, multiple blowdowns are performed over an extended 
period (up to 12 hours) to

[[Page 45320]]

reduce pressure prior to draining the tank.
    The Navy is the only branch of the Armed Forces with vessels 
generating this discharge. Eleven of the aircraft carriers are 
homeported in the United States.
    Wet accumulator blowdowns are performed during flight operations, 
which occur beyond 12 n.m., and during catapult testing, which occurs 
within 12 n.m. from shore. Wet accumulators are emptied outside 12 n.m. 
when returning to port for accumulator maintenance or when the carrier 
will be in port for more than 72 hours. If catapult testing is 
conducted in port, and the carrier will remain in port for more than 72 
hours following the testing, the accumulator will be emptied in port.
    Catapult wet accumulator blowdowns have little potential for 
causing adverse environmental impacts because of the low pollutant 
loadings and thermal effects of this discharge. Because boiler 
feedwater is used for the initial charge of water to an empty 
accumulator, the constituents of the discharge include water treatment 
chemicals present in boiler feedwater. These chemicals include EDTA, 
disodium phosphate, and hydrazine. During normal operation, the boiler 
feedwater chemicals are diluted by the supplied steam. Additional 
constituents present in the blowdowns originate from the steam provided 
to the accumulator. Based on sampling data for steam condensate (a 
similar discharge discussed below in section V.D.10) and the volume of 
wet accumulator blowdowns performed within 12 n.m., the combined mass 
loading for all metals is estimated at less than 0.01 pounds per year. 
Constituents found in steam condensate include antimony, arsenic, 
benzidine, bis(2-ethylhexyl)phthalate, cadmium, copper, nickel, 
nitrogen (in the form of ammonia, nitrates and nitrites, and total 
Kjeldahl nitrogen), phosphorus, selenium, thallium, and zinc. The 
concentrations of benzidine, copper, and nickel in steam condensate 
were found to exceed acute Federal criteria and State acute water 
quality criteria. The concentration of bis(2-ethylhexyl)phthalate was 
found to exceed State acute water quality criteria. The concentrations 
of nitrogen and phosphorus were found to exceed the most stringent 
State water quality criteria. However, using steam condensate data may 
overestimate wet accumulator pollutant concentrations because of the 
shorter contact time between catapult steam and its associated piping 
system (resulting in less opportunity to entrain corrosion products 
from the piping). Based on thermal modeling of the discharge plume, 
catapult wet accumulator blowdowns are not expected to exceed State 
standards for thermal effects.
    Catapult wet accumulator blowdowns have little potential for 
causing adverse environmental impacts because of the very low pollutant 
mass loadings in this discharge and because of the low thermal effects 
from this discharge. Therefore, EPA and DOD determined that it is not 
reasonable and practicable to require the use of a MPCD to mitigate 
adverse impacts on the marine environment for this discharge.
3. Cathodic Protection
    This discharge consists of the constituents released into the 
surrounding water from sacrificial anodes or impressed current cathodic 
protection systems used to prevent hull corrosion.
    Steel-hulled vessels require corrosion protection. In addition to 
anti-corrosion hull paints, these vessels employ cathodic protection 
which is provided by either sacrificial anodes or Impressed Current 
Cathodic Protection (ICCP) systems. The most common cathodic protection 
system for vessels of the Armed Forces is the zinc sacrificial anode, 
although a few submarines use aluminum anodes. With the sacrificial 
anode system, zinc or aluminum anodes attached to the hull will 
preferentially corrode from exposure to the seawater and thereby 
minimize corrosion of the vessel's hull.
    In ICCP systems, the vessel's electrical system passes a current 
through inert platinum-coated anodes. This current protects the hull in 
a manner similar to sacrificial anodes by generating current as the 
anodes corrode. Depending on the type of cathodic protection used, the 
discharge will include either zinc or aluminum from sacrificial anodes, 
or chlorine-produced oxidants (CPO) from ICCP systems.
    Approximately 1,800 large Armed Forces vessels use cathodic 
protection. Of these, nearly 270 have ICCP systems, fewer than five use 
aluminum sacrificial anodes, and the remaining use zinc sacrificial 
anodes. The discharge is continuous while the vessel is waterborne and 
occurs both within and beyond 12 n.m. from shore.
    EPA and DOD modeled the discharge from cathodic protection systems 
to determine the range of constituent concentrations that could be 
expected in the water surrounding a vessel. This discharge is best 
described as a mass flux of reaction byproducts emanating from the 
electro-chemical reaction that occurs at the anodes. Two separate 
modeling techniques were used for both sacrificial anodes and ICCP 
systems. The first technique was a dilution model for harbors that 
takes into account the number of homeported vessels and harbor-specific 
volume and tidal flow information. Three Navy ports were modeled, 
representing a range of port sizes. The resulting constituent 
concentrations calculated for the three ports in this dilution model 
were below chronic Federal criteria and State chronic water quality 
criteria.
    The second technique modeled mixing zones around a vessel using 
calculations for a hull size typical of vessels using cathodic 
protection systems. The mixing model results indicate that a mixing 
zone of five feet for CPO and 0.5 feet for zinc results in 
concentrations below the chronic Federal criteria or State chronic 
water quality criteria. For vessels with aluminum anodes, a mixing zone 
of less than 0.1 feet achieves concentrations below chronic Federal 
criteria and State chronic water quality criteria. Concentrations of 
mercury will be 1,000 times lower than the acute State water quality 
criteria and 35 times lower than the chronic criteria. The total amount 
of mercury discharged from aluminum anodes on all Armed Forces vessels 
is estimated to be less than 0.001 pounds annually.
    For ICCP calculations, the modeling is based on an assumption that 
100 percent of the supplied electrical current results in CPO 
generation. Less CPO is actually expected to be generated because the 
efficiency of the chlorine generation process is known to be less than 
100 percent. In addition, using the generation rate alone does not 
account for the rapid decay of CPO in water through chemical reactions 
involving CPO, which occur within minutes.
    The dilution and mixing zone modeling performed for this discharge 
indicates that cathodic protection has a low potential for causing 
adverse impacts on the marine environment. Therefore, EPA and DOD 
determined that it is not reasonable and practicable to require the use 
of a MPCD to mitigate adverse impacts on the marine environment for 
this discharge.
4. Freshwater Lay-up
    This discharge is the potable water that is periodically discharged 
from the seawater cooling system while the vessel is in port, and the 
cooling system is in a lay-up mode.
    Seawater cooling systems are used onboard some Armed Forces vessels 
to remove heat from main propulsion machinery, electrical generating 
plants

[[Page 45321]]

and other auxiliary equipment. These are single-pass, non-contact 
cooling systems whereby the seawater enters the hull, is pumped through 
a piping network and circulated through one or more heat exchangers, 
then exits the vessel. On certain vessels, the seawater cooling systems 
are placed in a stand-by mode, or lay-up, when the machinery is not in 
use. The lay-up is accomplished by blowing the seawater from the 
condenser with low-pressure air. The condenser is then filled with 
potable water and drained again to remove residual seawater as 
protection against corrosion. Then, the condenser is refilled with 
potable water for the actual lay-up. After 21 days, the lay-up water is 
discharged overboard and the condenser refilled. The condenser is 
discharged and refilled on a 30-day cycle thereafter. The volume of 
each condenser batch discharge is approximately 6,000 gallons.
    The Navy is the only branch of the Armed Forces with vessels 
discharging freshwater lay-up. All submarines generate this discharge, 
which only occurs while in port. Eight aircraft carriers also lay-up 
their condensers; however, these condensers are drained to the bilge 
and the water is handled as bilgewater. Generally, the cooling system 
is only placed in a lay-up condition if the vessel remains in port for 
more than three days and the main steam plant is shut down.
    Sampling data for submarine freshwater lay-up indicate the presence 
of chlorine, nitrogen (in the form of ammonia, nitrates and nitrites, 
and total Kjeldahl nitrogen), and the priority pollutants chromium, 
copper, lead, nickel, and zinc. The concentrations of chlorine, copper, 
nickel, and zinc can exceed acute Federal criteria or State acute water 
quality criteria. For nitrogen and total phosphorus, the most stringent 
State water quality criteria was exceeded. Chlorine was detected in the 
initial flush discharge, but was not found in the extended lay-up 
discharge. Mass loadings for the priority pollutants (copper, nickel, 
and zinc) were estimated using total annual discharge volumes and 
average pollutant concentrations. The total mass loading from all 
discharges of freshwater lay-up from submarines is estimated at 7 lbs/
yr of copper, 36 lbs/yr of nickel, and 29 lbs/yr of zinc. The mass 
discharge from any individual freshwater lay-up discharge event would 
be a fraction of that total. Because of the low total annual mass 
loading, the low frequency at which the discharge occurs, and the 
volume of an individual discharge event, discharges of freshwater lay-
up have a low potential for causing adverse environmental impacts. 
Therefore, EPA and DOD determined that it is not reasonable and 
practicable to require the use of a MPCD to mitigate adverse impacts on 
the marine environment for this discharge.
5. Mine Countermeasures Equipment Lubrication
    This discharge consists of the constituents released into the 
surrounding seawater by erosion or dissolution from lubricated mine 
countermeasures equipment when the equipment is deployed or towed. 
Various types of mine countermeasures equipment are deployed and towed 
behind vessels to locate and destroy mines. Lubricating grease and oil 
applied to this equipment can be released into surrounding seawater 
during its deployment and use, including during training exercises.
    The Navy is the only branch of the Armed Forces with a mine 
countermeasures mission. The Navy uses two classes of vessels, totaling 
23 ships, to locate, classify, and destroy mines. The discharge is 
generated during training exercises, which are normally conducted 
between 5 and 12 n.m. from shore. Depending on the class of vessel and 
the type of mine countermeasures equipment being used, the number of 
training exercises conducted by each vessel ranges from 6 to 240 per 
year.
    Using estimates of the amount of lubricant released during each 
training exercise, EPA and DOD calculated the annual mass loading of 
lubricant discharges to be approximately 770 pounds of grease and oil. 
Using the estimates of the pollutant mass loading released during an 
exercise, and the volume of water through which the countermeasures 
equipment is towed or operated during an exercise, EPA and DOD 
estimated the oil and grease concentrations resulting from mine 
countermeasures training exercises. These estimated concentrations of 
oil and grease in the receiving water range from 0.0002 to 7.1 
g/l and do not exceed acute water quality criteria.
    An additional calculation was performed for the lift cable for the 
SLQ-48 mine neutralization vehicle (MNV). This lift cable is lubricated 
with grease; however, the cable is not towed through the water and is 
only used to deploy or recover the MNV while a vessel is stationary. 
Using the maximum predicted release of 0.15 ounces of grease per 
deployment, modeling results indicate that the grease released from the 
lift cable would disperse in the surrounding receiving waters and be at 
concentrations below the most stringent State acute water quality 
criteria within 3 to 5 feet from the cable.
    Most discharges from mine countermeasures equipment occur while 
vessels are underway and the pollutants are quickly dispersed in the 
environment due to the turbulent mixing conditions caused by the wake 
of the vessel and towed equipment. Further, these discharges take place 
beyond 5 n.m. from shore in waters with significant wave energy, 
allowing for rapid and wide dispersion of the releases. The manner in 
which these releases occur, coupled with the relatively small amounts 
of lubricants released, results in this discharge having a low 
potential for causing adverse impacts on the marine environment. 
Therefore, EPA and DOD determined that it is not reasonable and 
practicable to require the use of a MPCD to mitigate adverse impacts on 
the marine environment for the mine countermeasures equipment 
lubrication discharge.
6. Portable Damage Control Drain Pump Discharge
    This discharge consists of seawater pumped through the portable 
damage control drain pump and discharged overboard during periodic 
testing, maintenance, and training activities.
    Portable damage control (DC) drain pumps are used to remove water 
from vessel compartments during emergencies or provide seawater for 
shipboard firefighting in the event water is unavailable from the 
firemain system. The types of pumps used are described in section 
V.D.7, Portable Damage Control Drain Pump Wet Exhaust. Discharges from 
drain pumps being used during onboard emergencies are not incidental to 
normal vessel operations, and therefore are not within the scope of 
this proposed rule. These pumps are, however, periodically operated 
during maintenance, testing, and training, and pump discharges during 
these activities are within the scope of this rule. To demonstrate that 
the pumps are functioning properly, the suction hose is hung over the 
side of the vessel and the pump operated to verify that the pump 
effectively transfers the seawater or harbor water. This pump effluent 
is discharged directly overboard during this testing.
    All large ships and selected boats and craft of the Armed Forces 
generate this discharge. As part of equipment maintenance, testing, and 
training, the pumps are operated both within and beyond 12 n.m. from 
shore. Navy , Army, and MSC vessels operate portable DC drain pumps for 
approximately 10 minutes per month and an additional 15

[[Page 45322]]

minutes per year to demonstrate working order and condition. Coast 
Guard vessels operate their portable DC drain pumps for approximately 
30 minutes per month for maintenance and testing.
    This discharge consists of seawater/harbor water that only briefly 
passes through a pumping process. The drain pump discharge is unlikely 
to cause adverse impacts because the water has a residence time of less 
than five seconds in the pump and associated suction and discharge 
hoses, and no constituents are expected to be added to the seawater/
harbor water. Therefore, EPA and DOD determined it is not reasonable 
and practicable to require the use of a MPCD to mitigate adverse 
impacts on the marine environment for this discharge.
7. Portable Damage Control Drain Pump Wet Exhaust
    This periodic discharge is seawater that has mixed and been 
discharged with portable damage control drain pump exhaust gases to 
cool the exhaust and quiet the engine.
    Portable, engine-driven pumps provide seawater for shipboard 
firefighting in the event water is unavailable from the firemain. Two 
models of these portable damage control (DC) drain pumps are used: P-
250 and P-100. The P-250 pumps operate on gasoline injected with oil-
based lubricants. Part of the seawater output from these pumps is used 
to cool the engine and quiet the exhaust. This discharge, termed wet 
exhaust, is typically routed overboard through a separate exhaust hose 
and does not include the main discharge of the pump which is classified 
separately as Portable Damage Control Drain Pump Discharge.
    Fuel residuals, lubricants, or their combustion byproducts are 
present in P-250 engine exhaust gases, condense in the cooling water 
stream, and are discharged as wet exhaust. The P-100 model operates on 
diesel fuel. Although the engine that drives the P-100 pump is air-
cooled and no water is injected into the exhaust of the pump, a small 
amount of water contacts the engine during pump priming. Up to one-
seventh of a gallon of water may be discharged during each priming 
event. This water discharged during P-100 priming is considered part of 
the portable DC drain pump wet exhaust.
    The Navy operates approximately 910 drain pumps, the MSC 
approximately 140 drain pumps, and the Coast Guard approximately 370 
drain pumps.
    Portable DC drain pump wet exhaust discharges occur during training 
and monthly planned maintenance activities both within and beyond 12 
n.m. from shore. During monthly maintenance activities, the pumps are 
run for approximately 10 to 30 minutes. The use of portable DC drain 
pumps during onboard emergencies is not incidental to normal 
operations, and therefore not within the scope of this proposed rule.
    Based on data in the record, the wet exhaust discharge is likely to 
include metals, oil and grease, and volatile and semi-volatile organic 
compounds. The concentrations of copper, lead, nickel, silver, zinc, 
and iron in portable DC drain pump wet exhaust can exceed acute Federal 
criteria and State acute water quality criteria. Concentrations of oil 
and grease, benzene, toluene, ethylbenzene, and napthalene can exceed 
State acute water quality criteria. Concentrations of these 
constituents in receiving waters are not expected to exceed water 
quality criteria because they will dissipate quickly since the mass 
loadings per discharge event are small and the discharge locations are 
dispersed fleetwide. The discharge from each of the 500 P-250 pumps 
occurs separately at different discharge locations. On average, each P-
250 pump discharges less than 0.3 pounds of pollutants per discharge 
event. The duration of each discharge is short, averaging less than 30 
minutes. These factors allow the pollutants to dissipate rapidly. Based 
on this information, the portable DC drain pump wet exhaust is expected 
to have a low potential for exhibiting adverse environmental impacts on 
the marine environment. Therefore, EPA and DOD determined it is not 
reasonable and practicable to require a MPCD to mitigate adverse 
impacts on the marine environment for this discharge.
8. Refrigeration and Air Conditioning Condensate
    This discharge is the drainage of condensed moisture from air 
conditioning units, refrigerators, freezers, and refrigerated spaces. 
Refrigerators, refrigerated spaces, freezers, and air conditioning (AC) 
units produce condensate when moist air contacts the cold evaporator 
coils. This condensate drips from the coils and collects in drains. 
Condensate collected in drains above the vessel waterline is 
continuously discharged directly overboard. Below the waterline, 
condensate is directed to the bilge, non-oily machinery wastewater 
system, or is retained in dedicated holding tanks prior to periodic 
overboard discharge.
    Approximately 650 Navy, MSC, Coast Guard, Army, and Air Force 
vessels produce this discharge. The condensate may be discharged at any 
time, both within and beyond 12 n.m. from shore.
    Condensate flow rates depend on air temperature, humidity, and the 
number and size of cooling units per vessel. The discharge can contain 
cleaning detergent residuals, seawater from cleaning refrigerated 
spaces, food residues, and metals contributed from contact with cooling 
coils and drain piping. Because evaporator coils are made from 
corrosion-resistant materials and condensation is non-corrosive, 
condensate is not expected to contain metals in significant 
concentrations. Discharges of refrigeration/AC condensate are expected 
to have a low potential for causing adverse environmental impacts, 
therefore EPA and DOD determined it is not reasonable and practicable 
to require a MPCD to mitigate adverse impacts on the marine environment 
for condensate discharges.
9. Rudder Bearing Lubrication
    This discharge is the oil or grease released by the erosion or 
dissolution from lubricated bearings that support the rudder and allow 
it to turn freely. Armed Forces vessels generally use two types of 
rudder bearings, and two lubricating methods for each type of rudder 
bearing: (1) grease-lubricated roller bearings; (2) oil-lubricated 
roller bearings; (3) grease-lubricated stave bearings; and (4) water-
lubricated stave bearings. Only oil-lubricated roller bearings and 
grease-lubricated stave bearings generate a discharge.
    Approximately 220 Navy vessels, 50 Coast Guard vessels, and eight 
MSC vessels use a type of rudder bearing that generates this discharge. 
The discharge occurs intermittently, primarily when a vessel is 
underway or its rudder is in use, although some discharges from oil-
lubricated roller bearings could potentially occur pierside even when 
the rudder is not being used because the oil lubricant is slightly 
pressurized.
    This discharge consists of oil leakage and the washout of grease 
from rudder bearings. EPA and DOD developed an upper bound estimate of 
the fleetwide release of oil and grease based on allowable leakage/
washout rates and the amount of time each vessel spends within 12 n.m. 
from shore. The maximum allowable oil leak rate for oil-lubricated 
roller bearings is one gallon/day when the vessel is underway and one 
pint/day while in port. In practice, these leakage rates are not 
reached under normal conditions. The grease washout rate for grease-
lubricated stave bearings is based on Navy specifications limiting 
grease washout to 5 percent. Grease washout estimates for this

[[Page 45323]]

proposed rule are based on releasing 5 percent of the grease over a 
two-week period, which corresponds to the time between grease 
applications.
    EPA and DOD calculated the expected receiving water concentrations 
of oil and grease from this discharge to evaluate the potential for the 
discharge to cause adverse impacts. The underway receiving water volume 
was determined using an average size vessel and estimating the volume 
of water displaced by the vessel while transiting from port to a 
distance of 12 n.m. from shore. In port, discharges are not expected 
since the lower bearing seals are designed to prevent leakage and, as 
noted above, the oil to the bearings is kept at a low pressure while in 
port. The resulting estimated pollutant concentrations do not exceed 
acute Federal criteria or State acute water quality criteria. The 
rudder bearing lubrication discharge has a low potential for causing 
adverse environmental impacts. EPA and DOD determined that it is not 
reasonable and practicable to require a MPCD to mitigate adverse 
impacts on the marine environment for this discharge.
10. Steam Condensate
    This discharge is the condensed steam discharged from a vessel in 
port, where the steam originates from shore-based port facilities. Navy 
and MSC surface ships often use steam from shore facilities during 
extended port visits to operate auxiliary systems such as laundry 
facilities, heating systems, and other shipboard systems. In the 
process of providing heat to ship systems, the steam cools and a 
portion of it condenses. This condensate collects in drain collection 
tanks and is periodically discharged by pumping it overboard. The steam 
condensate is discharged above the vessel waterline and a portion of 
the condensate can vaporize as it contacts ambient air.
    This discharge is generated only in port because vessels only 
discharge the condensed steam if it was generated by a shore facility. 
Ships producing their own steam will recycle their condensate back to 
the boiler. Vessels take on shore steam when their own boilers are shut 
down, and thus they have no means for reusing the condensate. There are 
no systems in place that would allow vessels to return steam condensate 
to shore for reuse.
    Depending on the steam needs of individual vessels, the discharge 
can be intermittent or continuous whenever shore steam is supplied. 
Approximately 180 Navy and MSC vessels discharge steam condensate. 
Coast Guard vessels do not generate this discharge because they operate 
their auxiliary boilers to produce their own steam even while in port. 
Army and Air Force vessels do not have steam systems and therefore do 
not discharge steam condensate.
    The constituents of steam condensate include metals from onshore 
steam piping, ship piping, and heat exchangers, and may have some 
residual water treatment chemicals. Pollutants found in the discharge 
include nitrogen (in the form of ammonia, nitrates and nitrites, and 
total Kjeldahl nitrogen), bis(2-ethylhexyl)phthalate, benzidine, 
antimony, arsenic, cadmium, copper, chromium, lead, nickel, phosphorus, 
selenium, thallium, and zinc. Sampling of steam condensate from four 
vessels found copper concentrations that exceed both acute Federal 
criteria and State acute water quality criteria. Nickel concentrations 
exceeded the most stringent State acute water quality criteria, but not 
the acute Federal criteria. Nitrogen concentrations exceeded the most 
stringent State water quality criteria. Using upper-bound estimates of 
the volume of steam condensate discharged, the fleetwide mass loadings 
for nitrogen, copper and nickel were calculated to be 1972 lbs/year, 49 
lbs/year and 28 lbs/year, respectively. The mass discharged from any 
individual vessel while in a given port would be a fraction of that 
total. The upper-bound estimate for the fleetwide discharge volume is 
300 million gallons per year.
    Based on modeling of the discharge plume, the thermal effects 
resulting from the steam condensate discharge exceed mixing zone 
requirements for Washington. However, these modeling results may 
overstate the actual thermal effects because the computer model 
predicted the plume to be only twelve centimeters in depth, which 
appears to underestimate the degree of mixing that is likely to occur. 
In addition, certain assumptions used in the model tend to be more 
representative of worst-case conditions in how they influence the size 
of the calculated thermal plume. For example, parameters included in 
the model assume minimum wind speed and slack water (resulting in less 
mixing) and winter conditions (which results in larger discharge 
flows).
    The low mass loadings in the discharge and the thermal effects 
modeling results indicate that steam condensate has a low potential for 
causing adverse environmental impacts. Therefore, EPA and DOD 
determined that it is not reasonable and practicable to require a MPCD 
to mitigate adverse impacts on the marine environment for this 
discharge.
11. Stern Tube Seals and Underwater Bearing Lubrication
    This discharge is the seawater pumped through stern tube seals and 
underwater bearings to lubricate and cool them during normal operation.
    Propeller shafts are supported by stern tube bearings at the point 
where the shaft exits the hull (for surface ships and submarines), and 
by strut bearings outboard of the ship (for surface ships only). A 
stern tube seal is used to prevent seawater from entering the vessel 
where the shaft penetrates the hull. The stern tube seals and bearings 
are cooled and lubricated by forcing seawater from the firemain or 
auxiliary cooling water system through the seals and over the bearings. 
On submarines, potable water (freshwater) may be supplied from pierside 
connections for stern tube seal lubrication during extended periods in 
port.
    Strut bearings are not provided with forced cooling or lubrication. 
Instead, strut bearings use the surrounding seawater flow for 
lubrication and cooling when the vessel is underway. Submarines do not 
have strut bearings and instead use a self-aligning bearing aft of the 
stern tube that supports the weight of the propeller and shafting 
outboard of the vessel.
    Almost all classes of surface vessels and submarines have stern 
tube seals and bearings that require lubrication, and these discharges 
are continuous. The discharge can contain synthetic (Buna-N) rubber 
used in the construction of the bearings. Bis(2-ethylhexyl)phthalate 
and metals such as copper, nickel and zinc are also expected to be 
present in the discharge. The primary source of bis(2-
ethylhexyl)phthalate and the metals in the discharge is the lubricating 
water (firemain or auxiliary cooling water). The shaft and the stern 
tube seal may also be a small contributor to the metals present in the 
discharge. When freshwater is used for lubricating submarine seals, the 
freshwater may contain residual chlorine. Based on estimates of 
chlorine concentrations in potable water, fleetwide approximately 0.8 
lbs/year of chlorine exit through the stern tube seals and bearings.
    Since the majority of metals discharged through the stern tube 
seals and bearings originate from the firemain system, mass loadings 
for metals discharged through the stern tube seals and bearings is 
included as part of the total mass loading calculations for the 
firemain system discharge, presented in section V.C.11 of the preamble. 
Metals contributions from the seals and bearings themselves are 
expected to be

[[Page 45324]]

negligible. It should be noted that the mass of metals exiting through 
the seals and bearings would be reduced by any controls imposed on 
firemain system discharges in UNDS Phases II and III. While the metals 
concentrations in the firemain discharge exceed chronic Federal 
criteria and State chronic water quality criteria, the rate at which 
the water is discharged through a vessel's stern tube seal and bearings 
is relatively small--20 gal/min each shaft, 2 shafts per ship--
resulting in the low pollutant mass loading exiting through the seals 
and bearings. Further, these discharges are distributed throughout the 
U.S. at Armed Forces ports, and each individual port receives only a 
fraction of the total fleetwide mass loading. (See the Technical 
Development Document for details on vessel ports.) Given the low rate 
of the discharge and the low mass loadings, this discharge has a low 
potential for causing adverse environmental impacts. Therefore, EPA and 
DOD determined it is not reasonable and practicable to require the use 
of a MPCD to mitigate adverse impacts on the marine environment for 
this discharge.
12. Submarine Acoustic Countermeasures Launcher Discharge
    This intermittent discharge is composed of seawater that mixes with 
acoustic countermeasure device propulsion gas after launching an 
acoustic countermeasure device, then subsequently discharged either 
through exchange with the surrounding seawater or while draining from 
an expended device being removed from the submarine.
    Navy submarines have the capability to launch acoustic 
countermeasures devices to improve the survivability of a submarine by 
generating sufficient noise to be observed by hostile torpedoes, 
sonars, or other monitoring devices. The only countermeasures systems 
that generate a discharge within 12 n.m. are the countermeasures set 
acoustic (CSA) Mk 2 systems, which launch the countermeasure devices by 
gas propulsion through a launch tube. Following the launch, a metal 
plate closes the launch tube forming a watertight endcap. To equalize 
pressure, a one-way check valve allows water to flow into the tube 
after launch, but does not allow any of the water to be released 
through the opening. The launch tube cap contains three, \3/8\ inch, 
bleed hole plugs that dissolve approximately three days after the 
launch. This allows exchange between the launch tube and the 
surrounding seawater while the submarine is moving. The bleed holes 
also allow some launch tube water to drain into the surrounding water 
when the assembly is removed from the submarine for replacement. The 
CSA Mk2 system is installed on 24 Navy submarines.
    Constituents found in the CSA Mk2 launch tubes after launching 
countermeasures devices include copper, cadmium, lead, and silver. The 
discharge may also contain constituents from the propulsion gas 
including hydrochloric acid, carbon dioxide, carbon monoxide, nitrogen, 
alumina, iron (II) chloride, titanium dioxide, hydrogen, and iron (II) 
oxide. Sampling indicates that copper, cadmium, and silver 
concentrations are above both Federal acute water criteria and the most 
stringent State acute water quality criteria; lead concentrations are 
above the most stringent State water quality criteria. The total annual 
mass loadings from all discharges from submarine CSA Mk2 countermeasure 
launcher systems are estimated at 0.0005 lbs/year cadmium, 0.0009 lbs/
year lead, 0.0007 lbs/year copper, and 0.00009 lbs/year silver.
    Because of the low annual mass loading, the low frequency at which 
the discharge occurs, and the volume of the individual discharge event 
(17 gallons), discharges from submarine CSA launcher systems have a low 
potential for causing adverse environmental impacts. Therefore EPA and 
DOD determined it is not reasonable and practicable to require a MPCD 
to mitigate adverse impacts on the marine environment for this 
discharge.
13. Submarine Emergency Diesel Engine Wet Exhaust
    This discharge is seawater that is mixed and discharged with 
exhaust gases from the submarine emergency diesel engine for the 
purpose of cooling the exhaust and quieting the engine.
    Submarines are equipped with an emergency diesel engine that is 
also used in a variety of non-emergency situations, including 
electrical power generation to supplement or replace shore-supplied 
electricity, routine maintenance, and readiness checks. This wet 
exhaust discharge is generated by injecting seawater (or harbor water) 
as a cooling stream into the diesel engine exhaust system. The cooling 
water mixes with and cools the hot exhaust gases, and is discharged 
primarily as a mist that disperses in the air before depositing on the 
surface of the water body.
    All submarines generate this discharge. Diesel engines must be 
operated for equipment checks that occur prior to submarine deployment, 
monthly availability assurance, and periodic trend analyses. On 
average, each submarine will operate the diesel engine for 
approximately 60 hours/year while within 12 n.m. from shore. Most of 
the operating time (54 hours/year) occurs while the submarine is 
pierside.
    Typical constituents of diesel engine exhaust include various 
hydrocarbon combustion by-products, measured as volatile and semi-
volatile organic compounds. The priority pollutants expected to be 
present in the discharge include polycyclic aromatic hydrocarbons 
(PAHs), toluene, and possibly metals. Although no individual pollutant 
exceeds water quality criteria, the total concentration of PAHs in the 
discharge is predicted to exceed State acute water quality criteria. 
Nevertheless, the discharge of PAHs is unlikely to cause adverse 
impacts on the marine environment because the total fleetwide annual 
mass loading of PAHs is calculated to be less than 0.06 pounds per 
year. Therefore, EPA and DOD determined that it is not reasonable and 
practicable to require a MPCD to mitigate adverse impacts on the marine 
environment for submarine diesel engine wet exhaust.
14. Submarine Outboard Equipment Grease and External Hydraulics
    This discharge occurs when grease applied to a submarine's outboard 
equipment is released to the environment through the mechanical action 
of seawater eroding the grease layer while the submarine is underway, 
and by the slow dissolution of the grease into the seawater. This 
discharge also includes any hydraulic oil that may leak past the seals 
of hydraulically-operated external components of a submarine (e.g., bow 
planes).
    Outboard equipment grease is discharged by all submarines, but the 
discharge of oil from external hydraulic equipment is limited to 22 
submarines. This discharge occurs continuously both within and beyond 
12 n.m. from shore, although the rate of discharge depends upon the 
degree of contact between seawater and the greased outboard components, 
and how fast the submarine is traveling. Most hydraulically-operated 
outboard equipment, for example, does not contact seawater within 12 
n.m. from shore because submarines generally operate on the surface in 
this region, and the hydraulically-operated equipment producing this 
discharge is located mostly above the waterline.
    This discharge consists of grease (Termalene #2) and hydraulic oil. 
Termalene #2 consists of mineral oil, a calcium-based rust inhibitor, 
thickening agents, an antioxidant, and dye. Using

[[Page 45325]]

an assumption that 100 percent of all grease applied to outboard 
equipment is washed away at a constant rate during submarine 
operations, the amount of grease released fleetwide within 12 n.m. is 
approximately 520 lbs/year. This value is believed to overstate the 
actual mass of grease discharged within 12 n.m. because submarines 
operate at lower rates of speed in coastal waters (thus leading to less 
erosion of the grease) and a surfaced submarine exposes a lesser amount 
of grease to the water than is exposed by a submerged submarine.
    Hydraulic oil consists of paraffinic distillates and additives. 
Using a calculation that assumes all hydraulic system seals leak oil at 
the maximum allowable leak rate, approximately 0.4 lbs/year of 
hydraulic oil is released fleetwide within 12 n.m. from shore. (Based 
on discussions with Navy hydraulic system experts, such oil leakage 
rates are not common and thus this calculation overestimates the amount 
of oil actually leaked.) The submarine will displace approximately 120 
million cubic feet of water as it travels within 12 n.m. from shore. 
Assuming that hydraulic oil and outboard grease are leaked at a 
constant rate, this will result in concentrations below the levels 
established in acute Federal criteria and State acute water quality 
criteria.
    In addition, the turbulence created by the vessel wake is expected 
to result in rapid dispersion of the constituents released. As a 
result, the submarine outboard equipment grease and external hydraulics 
discharge has low potential for causing adverse environmental effects. 
EPA and DOD determined it is not reasonable and practicable to require 
a MPCD to mitigate adverse impacts on the marine environment for this 
discharge.

VI. Section-By-Section Analysis of the Regulation

A. Subpart A--Scope

Section 1700.1  Applicability
Section 1700.2  Effect
    This rule proposes how discharges incidental to the normal 
operation of Armed Forces vessels would be controlled within the 
navigable waters of the United States and the waters of the contiguous 
zone. The rule would apply to owners and operators of Armed Forces 
vessels. This rule would not apply to commercial and privately owned 
vessels.
    The rule also would preempt States and political subdivisions of 
States from regulating these discharges, except that States may 
establish a no-discharge zone or apply to EPA for a no-discharge zone. 
Federal standards of performance for each required Marine Pollution 
Control Device will be published in Sec. 1700.14 of this part after the 
completion of Phase II of UNDS.
Section 1700.3  Definitions
    The definitions in the proposed rule are based on definitions in 
the Clean Water Act (CWA).
    The proposed regulatory definition of ``Armed Forces vessel'' is 
based on the statutory definition of ``vessel of the Armed Forces'' in 
CWA section 312(a)(14), which includes vessels owned or operated by the 
Department of Defense, as well as vessels owned or operated by the 
Department of Transportation that are designated by the Secretary of 
the department in which the U.S. Coast Guard is operating as operating 
equivalently to Department of Defense vessels. At present, the U.S. 
Coast Guard is operating in the Department of Transportation. The 
Secretary of Transportation has determined that U.S. Coast Guard 
vessels operate equivalently to vessels of the Department of Defense, 
and therefore are included in the proposed regulatory definition of 
``Armed Forces vessel.'' Armed Forces vessels are discussed in section 
III of this preamble.
    CWA section 312(n) applies to ``discharges, other than sewage, 
incidental to the normal operation of a vessel of the Armed Forces.'' 
The proposed regulatory definition of ``discharge incidental to the 
normal operation of a vessel'' is based on the statutory definition 
(see CWA section 312(a)(12)(A)), which includes incidental discharges, 
other than sewage, whenever a vessel is waterborne. If a vessel is not 
waterborne (e.g., the vessel is in drydock), its discharges would not 
be covered by this rule; instead these discharges would be covered 
under the facility's drydock NPDES permit. Discharges not incidental to 
the normal operation of a vessel, such as those resulting from an 
emergency situation or unavoidable accident, also would not be covered 
by this rule. Discharges containing source, special nuclear, or 
byproduct materials are regulated by the Atomic Energy Act of 1954, as 
amended, 42 U.S.C. 2011 et seq., and are excluded from regulation under 
the CWA. Therefore these discharges would not be covered by this rule.
    CWA section 312(a)(12)(B) specifically excludes from the definition 
of discharge incidental to the normal operation of a vessel, and thus 
from the UNDS program, certain types of discharges. First, incidental 
discharges do not include discharges of rubbish, trash, garbage, or 
other such material discharged overboard. Shipboard solid waste, 
including pulper discharges, is regulated separately under the Act to 
Prevent Pollution from Ships (APPS), 33 U.S.C. 1901 et seq., which 
requires public vessels, including warships, to comply with the 
requirements of Annex V of the Convention to Prevent Pollution from 
Ships (MARPOL) for shipboard solid waste. Each branch of the Armed 
Forces and the Coast Guard has developed regulations, separate from 
UNDS, to implement the requirements of APPS for their vessels.
    Second, incidental discharges do not include air emissions 
resulting from the operation of a vessel propulsion system, motor 
driven equipment, or incinerator.
    Third, incidental discharges do not include any discharges not 
covered by 40 CFR 122.3 (as in effect of February 10, 1996). This 
section of the CFR lists discharges that are excluded from National 
Pollutant Discharge Elimination System (NPDES) permit requirements, 
such as discharges incidental to the normal operation of a vessel. In 
other words, UNDS covers discharges that are excluded by EPA in 40 CFR 
122.3.
    By enacting CWA section 312(n), Congress has chosen to regulate 
discharges from Armed Forces vessels through uniform national discharge 
standards, rather than by NPDES permits. This is supported by the 
statutory change in CWA section 502(c) specifically excluding from the 
definition of ``pollutant'' any discharges incidental to the normal 
operation of Armed Forces vessels. Therefore, after a discharge 
incidental to the normal operation of an Armed Forces vessel is 
determined not to require control, or after the regulations for the use 
of MPCDs for controlled discharges are implemented (in Phase III of 
UNDS), Armed Forces vessels would not be required to obtain or comply 
with NPDES permits for those discharges.
    Although discharges incidental to the normal operation of a vessel 
are excluded from NPDES requirements under 40 CFR 122.3, that exclusion 
does not include discharges when a vessel is operating in a capacity 
other than as a means of transportation, such as when used as a mining 
facility or seafood processing facility. EPA and DOD do not believe, 
however, that Congress intended the UNDS program to be limited to Armed 
Forces vessels only when they are under power. Rather, the purpose of 
CWA section 312(n)--to enhance the operational flexibility of Armed 
Forces vessels by avoiding the

[[Page 45326]]

problems caused by subjecting these vessels to varying State regulation 
under the CWA--and its legislative history, clearly indicate 
congressional intent that this program be comprehensive with respect to 
these discharges. This intent would not be met if Armed Forces vessels 
were subject to UNDS technology standards only when under power but 
then subject to State permitting requirements when they are docked for 
any period of time, especially when the State standards could be very 
different from the UNDS standards and would vary from State to State. 
Indeed, this is the very situation Congress was intending to remedy by 
prohibiting States from adopting or enforcing regulations affecting 
discharges covered by UNDS. Therefore, discharges incidental to the 
normal operation of Armed Forces vessels include incidental discharges 
whenever a vessel is waterborne, including pierside.
    By enacting CWA section 312(n), Congress has chosen to regulate 
discharges from Armed Forces vessels through uniform national discharge 
standards, rather than by NPDES permits. Congress made no such 
statements and passed no legislation regarding commercial and private 
vessels, and the distinction in 40 CFR 122.3 between discharges from a 
vessel ``when it is operating as a means of transportation'' and when 
it is not remains unchanged for those vessels.
    Finally, under CWA section 312(n)(6)(B), this rule would not affect 
the application of CWA section 311 to discharges incidental to the 
normal operation of Armed Forces vessels.
    No-discharge zone is defined in the proposed rule as an area of 
water into which one or more specified discharges incidental to the 
normal operation of Armed Forces vessels, whether treated or not, are 
prohibited. No-discharge zones are identified and established following 
the requirements in Secs. 1700.7 to 1700.10 of this proposed rule.

B. Subpart B--Discharge Determinations

Section 1700.4  Discharges Requiring Control
Section 1700.5  Discharges Not Requiring Control
    Information on vessel discharges was gathered as described in 
section IV, above. The decision methodology described in section V.A 
was used to determine which discharges require control (described in 
section V.C) and which discharges do not require control (described in 
section V.D).

C. Subpart C--Effect on States

Section 1700.6  Effect on State and Local Statutes and Regulations
    There are two types of discharges identified in today's proposed 
rule--those that would require control (listed in Sec. 1700.4) and 
those that would not require control (listed in Sec. 1700.5). The 
effect of today's proposed rule on State and local statutes and 
regulations depends on the type of discharge.
    After final promulgation of this rule, neither States nor political 
subdivisions of States would be able to adopt or enforce any State or 
local statutes or regulations controlling a discharge that will not 
require control (listed in Sec. 1700.5). However, States would be able 
to establish a no-discharge zone by State prohibition (following the 
provisions of Sec. 1700.9), or apply for a no-discharge zone by EPA 
prohibition (following the provisions of Sec. 1700.10), for these 
discharges.
    After final promulgation of this rule, States also would be able to 
apply for a no-discharge zone by EPA prohibition (following the 
provisions of Sec. 1700.10) for discharges that will require control 
(listed in Sec. 1700.4). Note that States and their political 
subdivisions will not be prohibited from controlling discharges listed 
in Sec. 1700.4 by State or local statute or regulation until after 
regulations governing the design, construction, installation, and use 
of the MPCDs are promulgated (i.e., the third phase of UNDS is 
completed). However, EPA and DOD recommend that States and political 
subdivisions coordinate their actions with EPA and DOD such that any 
interim requirements would be consistent with the final Phase III 
regulations. After Phase III regulations are issued by the Secretary, 
States and political subdivisions will not be able to adopt or enforce 
any State of local statute or regulation controlling discharges listed 
in Sec. 1700.4 except to establish a no-discharge zone by State or EPA 
prohibition.
    States and their political subdivisions will not be prohibited from 
regulating any discharge that is not listed in either Sec. 1700.4 or 
Sec. 1700.5.
    This rule also proposes the requirements for a State to petition 
the Administrator and the Secretary to review whether a discharge 
should require control by a MPCD, or to review a Federal standard of 
performance for a MPCD (Secs. 1700.11 to 1700.13).
Section 1700.7  No-discharge Zones
    For this part, a no-discharge zone is a waterbody, or portion 
thereof, where one or more incidental discharges from Armed Forces 
vessels, whether treated or not, are prohibited. No-discharge zones are 
established on the basis of a need to provide additional environmental 
protection for the designated area of water. A no-discharge zone may be 
established by either State prohibition (see proposed Sec. 1700.9) or 
EPA prohibition (see proposed Sec. 1700.10). The most significant 
difference between the two prohibitions is that in a State prohibition, 
adequate facilities for the safe and sanitary removal of the prohibited 
discharge must be reasonably available. In an EPA prohibition, adequate 
collection facilities are not necessary if EPA determines, following 
consultation with the Secretary, that the significance of the waters 
and the potential impact of the discharge are of sufficient magnitude 
to warrant any resulting constraints on Armed Forces vessels. The 
purpose for this difference, which was established initially in section 
312 of the CWA to apply to discharges from vessel marine sanitation 
devices, is to provide the opportunity for States to seek additional 
protection for waterbodies even where collection facilities for the 
discharge may not be available.
    The process for establishing an EPA prohibition is different from 
the process for establishing a State prohibition, including the 
requirement for the no-discharge zone to be established through 
rulemaking rather than by a State statute or regulation. Another 
difference is that for a State prohibition, the determination that 
greater protection of the waters is necessary is made by the State; for 
an EPA prohibition, this determination is made by EPA.
    Armed Forces vessels must comply with State and EPA prohibitions, 
except where the Secretary finds that compliance would not be in the 
interest of national security (CWA section 312(n)(1)).
Section 1700.8  Discharges for Which No-discharge Zones Can Be 
Established
    After the final promulgation of this rule, no-discharge zones may 
be established by State or EPA prohibition for any discharge identified 
as not requiring control (listed in Sec. 1700.5).
    After the final promulgation of this rule, no-discharge zones can 
be established by EPA prohibition for any discharge identified as 
requiring control (listed in Sec. 1700.4). States will not be preempted 
from regulating or prohibiting these discharges until after the 
Secretary identifies design, construction, installation, and operation 
standards for MPCDs (i.e., after the third phase of UNDS is complete). 
After the third phase is complete, States wanting

[[Page 45327]]

to establish a no-discharge zone by State prohibition for the 
discharges listed in Sec. 1700.4 must use the procedures in this part.
Section 1700.9  No-discharge Zones by State Prohibition
    For a State to establish a no-discharge zone to prohibit one or 
more Armed Forces discharges from a specified waterbody or portion of a 
waterbody, several determinations, as specified by section 312(n)(7)(A) 
of the CWA, must be made. The State must determine that protection and 
enhancement of the waters of interest require greater environmental 
protection than provided by UNDS. EPA must determine that: (1) adequate 
facilities for the safe and sanitary removal of the discharge 
incidental to the normal operation of Armed Forces vessels are 
reasonably available for the waters being protected; and (2) the 
prohibition will not have the effect of discriminating against an Armed 
Forces vessel by reason of the ownership or operation by the Federal 
government, or the military function, of the vessel. In making its 
determinations, EPA will consult with the Secretary on the adequacy of 
the facilities and the operational impact of any prohibition on Armed 
Forces vessels.
    A State must provide EPA with enough information, as set forth in 
Sec. 1700.9(a), to make the determinations listed above. This 
information is consistent with the information required for 
establishing a State prohibition for sewage discharges as provided in 
40 CFR part 140. The required information must include:
    (1) The discharge from Sec. 1700.4 or Sec. 1700.5 of this part to 
be prohibited within the no-discharge zone. An area can be designated 
as a no-discharge zone for more than one discharge, and this may be 
done in a single request, but all information required must be 
presented separately for each discharge.
    (2) A detailed description of the waters, or portions thereof, to 
be included in the prohibition. The description must include a map, 
preferably a USGS topographic quadrant map, clearly marking the zone 
boundaries by latitude and longitude.
    (3) A determination that the protection and enhancement of the 
waters described require greater environmental protection than provided 
by existing Federal standards. The determination should present an 
argument that the proposed area is in need of greater environmental 
protection, and a rationale indicating the justification for the no-
discharge zone.
    (4) A complete description of the facilities available for 
collecting the discharge. The State must provide a map showing the 
location(s) and provide a written location description of the 
facilities, a demonstration that the facilities have the capacity to 
manage the volume of discharge being prohibited in terms of both vessel 
berthing and discharge reception, the schedule of operating hours of 
the facilities, the draft requirements of the vessels that will be 
required to use the facilities and the available water depth at the 
facilities, and information showing that handling of the discharge at 
the facilities is in conformance with Federal law. Information on Armed 
Forces vessel population and usage of an area and on existing Armed 
Forces collection facilities may be obtained from the Office of the 
Chief of Naval Operations, Environmental Protection, Safety and 
Occupational Health Division, N45, Washington DC, 20350-2000. 
Information on the amount of discharge expected from Armed Forces 
vessels may be obtained from the Technical Development Document 
available in the docket for this rulemaking, or by contacting the 
Office of the Chief of Naval Operations.
    (5) Information on whether the prohibition would be applied to all 
vessels in the area, and, if not, documentation of the technical or 
environmental basis for applying the prohibition only to Armed Forces 
vessels. Documentation on a technical or environmental basis for 
applying the prohibition only to Armed Forces vessels must include an 
analysis showing the relative contributions of the discharge from Armed 
Forces and non-Armed Forces vessels, and a description of State efforts 
to control the discharge from non-Armed Forces vessels. EPA is asking 
for information on vessels other than those of the Armed Forces only in 
order to determine whether there is discrimination against Armed Forces 
vessels based on their Federal ownership or operation, or military 
function, and not because it is approving the prohibition with respect 
to these other vessels.
    The first determination to be made by EPA--that adequate collection 
facilities are reasonably available--will be based upon a finding that 
the capacity of existing facilities is sufficient to handle the number 
of vessels and the quantity of discharge produced.
    The second determination to be made by EPA--that the prohibition 
will not have the effect of discriminating against Armed Forces vessels 
by reason of Federal ownership or operation, or military function--may 
be based upon a showing that (1) the prohibition will be applied to all 
vessels (not just vessels of the Armed Forces); or (2) any distinction 
between Armed Forces vessels and other vessels is based on valid 
environmental or technical reasons. For example, if a discharge is 
produced only by Armed Forces vessels, this could be an acceptable 
technical basis for such a distinction.
    If EPA determines that adequate facilities are reasonably available 
and that the prohibition would not discriminate against Armed Forces 
vessels by reason of Federal ownership or operation, or military 
function, the State may promulgate the no-discharge zone as a State 
statute or regulation, which will be binding on the vessels of the 
Armed Forces to which UNDS applies.
Section 1700.10  No-discharge Zones by EPA Prohibition
    For EPA to establish a no-discharge zone to prohibit one or more 
Armed Forces discharges from a specified waterbody or portion of a 
waterbody, several determinations, as specified by section 312(n)(7)(B) 
of the CWA, must be made. Although these determinations are similar to 
those for a State prohibition, there are three differences: (1) EPA 
rather than the State must determine that the protection and 
enhancement of the specified waters require a prohibition; (2) EPA can 
not disapprove an application for an EPA prohibition for the sole 
reason that adequate collection facilities are not available; and (3) 
EPA must establish the no-discharge zone by rulemaking. In making its 
determinations, EPA will consult with the Secretary on the adequacy of 
the facilities and the operational impact of any prohibition on Armed 
Forces vessels.
    For EPA to make the determinations required by the legislation and 
establish the no-discharge zone, a State must provide an application to 
EPA including the information set forth in Sec. 1700.10(a). The 
information required in the application is consistent with the 
application requirements for requesting an EPA prohibition for sewage 
discharges as provided in 40 CFR part 140. The application must 
include:
    (1) The discharge from Sec. 1700.4 or Sec. 1700.5 of this part to 
be prohibited within the no-discharge zone. An area can be designated 
as a no-discharge zone for more than one discharge, and this may be 
done in a single request, but all information required must be 
presented separately for each discharge.
    (2) A detailed description of the waters, or portions thereof, to 
be included in the prohibition. The

[[Page 45328]]

description must include a map, preferably a USGS topographic quadrant 
map, clearly marking the zone boundaries by latitude and longitude.
    (3) A technical analysis demonstrating the need for protection and 
enhancement of the waters of the no-discharge zone beyond those 
protections provided by Federal regulations. The analysis must provide 
specific information on why the discharge adversely impacts the zone 
and how prohibition will protect the zone. In addition, the 
justification should characterize any sensitive areas, such as aquatic 
sanctuaries, fish-spawning and nursery areas, pristine areas, areas not 
meeting water quality standards, drinking water intakes, and 
recreational areas, that would justify an EPA prohibition. Less 
technical justification as to why the proposed waters need special 
protection will be required for an area where there is little or no 
anticipated Armed Forces vessel presence than for an area where the 
impact on Armed Forces vessels is considered likely or great.
    (4) A complete description of the facilities available for 
collecting the discharge. The State must provide a map showing the 
location(s) and provide a written location description of the 
facilities, a demonstration that the facilities have the capacity to 
manage the volume of discharge being prohibited in terms of both vessel 
berthing and discharge reception, the schedule of operating hours of 
the facilities, the draft requirements of the vessels that will be 
required to use the facilities and the available water depth at the 
facilities, and information showing that handling of the discharge at 
the facilities is in conformance with Federal law. Information on Armed 
Forces vessel population and usage of an area and on existing Armed 
Forces collection facilities may be obtained from the Office of the 
Chief of Naval Operations, Environmental Protection, Safety and 
Occupational Health Division, N45, Washington DC, 20350-2000. 
Information on the amount of discharge expected from Armed Forces 
vessels may be obtained from the Technical Development Document 
available in the docket for this rulemaking, or by contacting the 
Office of the Chief of Naval Operations.
    (5) Information on whether a similar prohibition would be applied 
to other vessels in the area, and, if not, documentation of the 
technical or environmental basis for applying the prohibition only to 
Armed Forces vessels. Documentation on a technical or environmental 
basis for applying the prohibition only to Armed Forces vessels must 
include an analysis showing the relative contributions of the discharge 
from Armed Forces and non-Armed Forces vessels, and a description of 
State efforts to control the discharge from non-Armed Forces vessels. 
EPA is asking for information on vessels other than those of the Armed 
Forces only in order to determine whether there is discrimination 
against Armed Forces vessels based on their Federal ownership or 
operation, or military function, and not because it is approving the 
prohibition with respect to these other vessels.
    In considering a no-discharge zone application under this section, 
EPA must determine whether adequate facilities for the safe and 
sanitary removal of the discharge are available. However, the statute 
directs that EPA shall not disapprove an application under this section 
for the sole reason that there are not adequate facilities. If adequate 
facilities are not available, EPA may approve the application but delay 
the effective date of the prohibition or place other conditions on the 
prohibition that will provide an opportunity for adequate facilities to 
become available. EPA may also approve the application without 
facilities if it determines that the significance of the waters and the 
potential impact of the discharge are of sufficient magnitude to 
warrant the resulting constraints on Armed Forces vessels. Such a 
finding would depend on many factors including the size, shape, and 
location of the area, the nature and amount of the discharge, and the 
types of Armed Forces vessels that use the area and their missions. EPA 
will only make such a determination after careful consultation with the 
Secretary.
    EPA will make a determination regarding the need for additional 
protection or enhancement of the waters; the availability of adequate 
collection facilities for vessels of the Armed Forces, or whether, in 
the absence of available facilities, a prohibition is warranted; and 
whether the no-discharge zone discriminates against vessels of the 
Armed Forces. If the EPA prohibition is approved, EPA will establish 
the no-discharge zone by regulation. When the rule goes into effect, it 
will be binding on the vessels of the Armed Forces to which UNDS 
applies.
Section 1700.11  State Petition for Review of Determinations or 
Standards
    Section 312(n)(5)(D) of the CWA authorizes the Governor of any 
State to submit a petition to the Administrator and the Secretary 
requesting the re-evaluation of whether a discharge requires control, 
as identified in this rule, or the re-evaluation of a performance 
standard established for a discharge requiring control, as identified 
in the second phase of UNDS. Until performance standards are 
established in rulemaking, petitions can only be submitted for review 
of determinations of whether the discharge requires control.
Section 1700.12  Petition Requirements
    Section 312(n)(5)(D) of the CWA allows States to submit a petition 
when there is new, significant information not considered previously 
that could result in a change to a determination or standard after 
consideration of the seven factors in the legislation. Any petition for 
re-evaluation of a determination or standard must include:
    (a) The discharge from Sec. 1700.4 or Sec. 1700.5 of this part for 
which a change in determination is requested, or the performance 
standard from Sec. 1700.14 of this part for which review is requested.
    (b) The scientific and technical information on which the petition 
is based. Because such a decision will have national implications, the 
data must be sufficient to support a finding that it is appropriate to 
change the determination or standard on a nation-wide basis. For this 
reason, any petition must include or cite to the scientific and 
technical information on which the petition is based. If the results of 
field work are submitted, information should be included on the quality 
assurance and quality control procedures used.
    (c) A detailed explanation of how the technical information 
presented affects the previous determination or standard. The 
explanation shall take into account the seven factors identified in the 
UNDS legislation and listed previously in this preamble.
Section 1700.13  Petition Decisions
    Section 312(n)(5)(D) of the CWA requires the Administrator and the 
Secretary to evaluate the petition and grant or deny the petition no 
later than two years after receiving the petition. If the Administrator 
and Secretary grant the petition, they will undertake rulemaking to 
amend the necessary sections of part 1700.

D. Subpart D--MPCD Performance Standards

Section 1700.14  Marine Pollution Control Device (MPCD) Performance 
Standards
    This section is reserved. No performance standards are being 
proposed in this rulemaking. MPCD

[[Page 45329]]

performance standards for discharges requiring control will be 
promulgated by the Administrator and Secretary in Sec. 1700.14 of this 
rule at the completion of the second phase of UNDS.

VII. Related Acts of Congress and Executive Orders

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), EPA and 
DOD must determine whether the regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may: (1) have an annual effect on 
the economy of $100 million or more or adversely affect in a material 
way the economy, a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities; (2) create a serious inconsistency 
or otherwise interfere with an action taken or planned by another 
agency; (3) materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or (4) raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in the Executive Order.
    It has been determined that this proposed Phase I rule is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to OMB review.

B. Unfunded Mandates Reform Act and Executive Order 12875

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under Section 202 of UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, Section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of Section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
Section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Today's 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. The rule imposes no 
enforceable duty on any State, local, or tribal governments or the 
private sector. Thus today's rule is not subject to the requirements of 
Sections 202 and 205 of the UMRA.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under Section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with regulatory requirements. As this 
rule would not impose any mandate on small governments, this rule is 
not significant as that term applies under Section 203 of the UMRA. 
This rule does not uniquely affect small governments because the 
preemption that occurs after promulgation of this rule applies to both 
large governments (States) as well as small governments. Further, the 
preemption originates from the CWA rather than this rule. Finally, the 
no-discharge zone procedures in the rule would apply only to States, 
not small governments. Thus, this rule would not significantly or 
uniquely affect small governments and Section 203 of the UMRA does not 
apply. Nevertheless, as described elsewhere in this preamble and in the 
record for the rule, DOD and EPA sought meaningful and timely input 
from States and localities on this proposed rule.
    Executive Order 12875 requires that, to the extent feasible and 
permitted by law, no Federal agency shall promulgate any regulation 
that is not required by statute and that creates a mandate upon a 
State, local, or tribal government, unless funds necessary to pay the 
direct costs incurred by the State, local, or tribal government in 
complying with the mandate are provided by the Federal government or 
that the Agency provide OMB certain information about its outreach 
efforts. As described above this rule contains no Federal mandates. It 
imposes no enforceable duty on any State, local, or tribal government. 
Thus, Executive Order 12875 does not apply to this rulemaking.

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

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
EPA and DOD generally are required to prepare an initial Regulatory 
Flexibility Analysis describing the impact of the regulatory action on 
small entities as part of rulemaking. However, under section 605(b) of 
the RFA, if the Administrator of EPA or the Secretary of DOD certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities, EPA and DOD are not required to 
prepare a Regulatory Flexibility Analysis. The RFA recognizes three 
kinds of small entities, and defines them as follows: (1) Small 
governmental jurisdictions: any government of a district with a 
population of less than 50,000; (2) Small business: any business which 
is independently owned and operated and not dominant in its field, as 
defined by the Small Business Administration regulations under the 
Small Business Act; and (3) Small organization: any not for profit 
enterprise that is independently owned and operated and not dominant in 
its field. This proposed Phase I rule would address discharges from 
vessels of the Armed Forces and proposes information collection 
requirements on States that wish to establish no-discharge zones or 
petition the Secretary of Defense and the Administrator to review a 
determination regarding the need for a marine pollution control device 
or a standard issued under Phase II of the rule. Small entities are not 
affected by this rule. Therefore, pursuant to section 605(b) of the 
RFA, the Administrator and the Secretary certify that this proposed 
Phase I rule will not have a significant economic impact on a 
substantial number of small entities.

D. Paperwork Reduction Act

    The information collection requirements in this proposed Phase I 
rule have been submitted for approval to the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
An Information Collection Request (ICR) document has been prepared by 
EPA (ICR No.1791.02, amending the collection with OMB control # 2040-
0187) and a copy may be obtained from Sandy Farmer by mail at OPPE 
Regulatory Information Division; U.S.

[[Page 45330]]

Environmental Protection Agency (2137); 401 M St., S.W.; Washington, DC 
20460, by email at [email protected], or by calling (202) 
260-2740. A copy may also be downloaded off the internet at http://
www.epa.gov/icr.
    There are three information collections associated with this rule, 
each of which is required by statute in order for a State to obtain a 
benefit. Each information collection is discussed separately below 
(including authority and projected annual hour and cost burdens). The 
total projected annual hour burden for all three information 
collections is 958 hours; the projected annual cost burden is $31,871.
    In order for a State to establish a No-discharge Zone (NDZ) by 
State prohibition, EPA must make the following determinations: (i) that 
adequate facilities for the safe and sanitary removal of the discharge 
are reasonably available for the waters to which the prohibition would 
apply; and (ii) that 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 (see CWA section 312(n)(7)(A), 33 U.S.C. 
1322(n)(7)(A)). The State must provide EPA enough information to be 
able to make those determinations. The specific information being 
requested is listed in proposed 40 CFR 1700.9(a). The information 
requested from the State will be used by EPA to make the determinations 
it is required to make by law in order for a State prohibition to be 
effective.
    The projected annual hour burden for requests by a State to EPA to 
make the determinations required for the State to establish a NDZ by 
State prohibition is 717 hours (with an average of 179.25 burden hours 
per response and an estimated 4 respondents per year). The projected 
annual cost burden is $23,815 (with an average of $23,215 for labor, $0 
for capital and start-up costs, $600 for operation and maintenance, and 
$0 for the purchase of services).
    In order for EPA to establish a NDZ by EPA prohibition (upon 
application of a State), EPA must make the following determinations: 
(i) that the protection and enhancement of the quality of the specified 
waters require a prohibition of the discharge; (ii) that adequate 
facilities for the safe and sanitary removal of the discharge are 
reasonably available for the waters to which the prohibition would 
apply; and (iii) that 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 (see CWA section 312(n)(7)(B), 33 U.S.C. 
1322(n)(7)(B)). The State must provide EPA enough information to be 
able to make those determinations. The specific information being 
requested is listed in proposed 40 CFR 1700.10(a). The information 
requested from the State will be used by EPA to make the determinations 
it is required to make by law in order to establish a NDZ.
    The projected annual hour burden for applications by a State to EPA 
to establish a NDZ by EPA prohibition is 194.25 hours (with an average 
of 194.25 burden hours per response and an estimated 1 respondent per 
year). The projected annual cost burden is $6,478 (with an average of 
$6,328 for labor, $0 for capital and start-up costs, $150 for operation 
and maintenance, and $0 for the purchase of services).
    The Governor of any State may request EPA and the Secretary of 
Defense to review (i) a determination of whether an UNDS discharge 
requires a control, or (ii) a standard of performance for a control on 
an UNDS discharge, by submitting a petition which discusses significant 
new scientific and technical information that could reasonably result 
in a change to the determination or standard (see CWA section 
312(n)(5)(D), 33 U.S.C. 1322(n)(5)(D)). The State must provide EPA this 
information and a discussion of how the information is relevant to one 
or more of the seven factors which EPA and the Secretary of Defense are 
required to consider in making these determinations and standards (see 
CWA section 312(n)(2)(B), 33 U.S.C. 1322(n)(2)(B)). These requirements 
are listed in proposed 40 CFR 1700.12. The information requested from 
the State will be used by EPA and the Secretary of Defense in order to 
review any determinations and standards promulgated under UNDS.
    The projected annual hour burden for petitions from a State to EPA 
and DOD to review a determination or standard is 46.25 hours (with an 
average of 46.25 burden hours per response and an estimated 1 
respondent per year). The projected annual cost burden is $1,578 (with 
an average of $1,428 for labor, $0 for capital and start-up costs, $150 
for operation and maintenance, and $0 for the purchase of services).
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, OPPE Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M St., SW, Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., NW, Washington, DC 20503, marked ``Attention: 
Desk Officer for EPA.'' Include the ICR number in any correspondence. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after August 25, 1998, a comment to OMB is best assured of 
having its full effect if OMB receives it by September 24, 1998. The 
final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

E. Executive Order 13045

    On April 23, 1997, the President issued Executive Order 13045 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885). The Executive Order applies to any rule 
that EPA determines (1) ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental 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 the Agency.

[[Page 45331]]

    This proposed Phase I rule is not subject to Executive Order 13045 
because it is not an economically significant regulatory action as 
defined by Executive Order 12866.

F. Endangered Species Act

    EPA and DOD have discussed the applicability of the Endangered 
Species Act (ESA) to the three phases of the Uniform National Discharge 
Standards rulemaking. As Phase I is a preliminary step, simply 
identifying the discharges that will require control and the discharges 
that will not require control, the U.S. Fish and Wildlife Service and 
the National Marine Fisheries Service have agreed that the consultation 
requirements of section 7 of the ESA do not apply to Phase I. Instead, 
EPA and DOD will initiate consultation during Phase II of the UNDS 
rulemaking, which will establish performance standards for the 
discharges identified in Phase I as requiring control.

G. National Technology Transfer and Advancement Act

    Under section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA), EPA and DOD are required to use voluntary 
consensus standards in their regulatory activities unless to do so 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by voluntary consensus standards 
bodies. Where available and potentially applicable voluntary consensus 
standards are not used by EPA or DOD, the Act requires the Agency and 
Department to provide Congress, through the Office of Management and 
Budget, an explanation of the reasons for not using such standards.
    EPA and DOD do not believe that this proposed Phase I rule 
addresses any technical standards subject to the NTTAA. It simply 
addresses which discharges would or would not require a MPCD. A 
commenter who disagrees with this conclusion should indicate how the 
notice is subject to the Act and identify any potentially applicable 
voluntary consensus standards.

Appendix A to the Preamble--Abbreviations, Acronyms, and Other 
Terms Used in This Document

Administrator--The Administrator of the U.S. Environmental 
Protection Agency
AFFF--Aqueous film-forming foam
CFR--U.S. Code of Federal Regulations
CPO--Chlorine-produced oxidants
CPP--Controllable pitch propeller
Clean Water Act--The Federal Water Pollution Control Act Amendments 
of 1972 (33 U.S.C. 1251 et seq.)
CWA--Clean Water Act
DOD--U.S. Department of Defense
EPA--U.S. Environmental Protection Agency
ICCP--Impressed current cathodic protection
LCAC--Air-cushion landing craft
LCU--Utility landing craft
MPCD--Marine pollution control device
MSC--Military Sealift Command
n.m.--Nautical miles
No-discharge zone--An area of water into which one or more specified 
discharges is prohibited, as established under procedures set forth 
in proposed 40 CFR 1700.7 to 1700.10
NPDES--National Pollutant Discharge Elimination System
OCM--Oil content monitor
OWS--Oil-water separator psi--Pounds per square inch
Secretary--The Secretary of the U.S. Department of Defense
TBT--Tributyl tin
USDA--U.S. Department of Agriculture
UNDS--Uniform national discharge standards

List of Subjects in 40 CFR Part 1700

    Environmental protection, Armed Forces, Coastal zone, Vessels, 
Water pollution control.

    Dated: August 11, 1998.
Carol M. Browner,
Administrator, Environmental Protection Agency.

    Dated: August 4, 1998.
Robert B. Pirie, Jr.,
Assistant Secretary of the Navy (Installations and Environment).
    For the reasons set forth in the preamble, EPA and DOD propose to 
establish a new chapter VII in title 40 of the Code of Federal 
Regulations consisting at this time of part 1700 to read as follows:

CHAPTER VII--ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF 
DEFENSE

PART 1700--UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE 
ARMED FORCES

Subpart A--Scope

Sec.
1700.1 Applicability.
1700.2 Effect.
1700.3 Definitions.

Subpart B--Discharge Determinations

1700.4  Discharges requiring control.
1700.5  Discharges not requiring control.

Subpart C--Effect on States

1700.6  Effect on State and local statutes and regulations.

No-Discharge Zones

1700.7 No-discharge zones.
1700.8 Discharges for which no-discharge zones can be established.
1700.9 No-discharge zones by State prohibition.
1700.10 No-discharge zones by EPA prohibition.

State Petition for review

1700.11 State petition for review of determinations or standards.
1700.12 Petition requirements.
1700.13 Petition decisions.

Subpart D--Marine Pollution Control Device (MPCD) Performance Standards

1700.14 Marine Pollution Control Device (MPCD) Performance 
Standards. [reserved]

    Authority: 33 U.S.C. 1322, 1361.

PART 1700--UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE 
ARMED FORCES

Subpart A--Scope


Sec. 1700.1  Applicability.

    (a) This part applies to the owners and operators of Armed Forces 
vessels, except where the Secretary of Defense finds that compliance 
with this part is not in the interest of the national security of the 
United States. This part does not apply to vessels while they are under 
construction, vessels in drydock, amphibious vehicles, or vessels under 
the jurisdiction of the Department of Transportation other than those 
of the Coast Guard.
    (b) This part also applies to States and political subdivisions of 
States.


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. 1700.14. This part is not applicable beyond 
the contiguous zone.
    (b) This part prohibits States and their political subdivisions 
from adopting or enforcing State or local statutes or regulations 
controlling the discharges from Armed Forces vessels listed in 
Secs. 1700.4 and 1700.5 according to the timing provisions in 
Sec. 1700.6, except to establish a no-discharge zone by State 
prohibition in accordance with Sec. 1700.9, or to apply for a no-
discharge zone by

[[Page 45332]]

EPA prohibition in accordance with Sec. 1700.10. This part also 
provides a mechanism for States to petition the Administrator and the 
Secretary to review a determination of whether a discharge requires 
control, or to review a Federal standard of performance for a Marine 
Pollution Control Device, in accordance with Secs. 1700.11 through 
1700.13.


Sec. 1700.3  Definitions.

    Administrator means the Administrator of the United States 
Environmental Protection Agency or that person's authorized 
representative.
    Armed Forces vessel means a vessel owned or operated by the United 
States Department of Defense or the United States Coast Guard, other 
than vessels that are time or voyage chartered by the Armed Forces, 
vessels of the U.S. Army Corps of Engineers, or vessels that are 
memorials or museums.
    Discharge incidental to the normal operation of a vessel means a 
discharge, including, but not limited to: graywater, bilgewater, 
cooling water, weather deck runoff, ballast water, oil water separator 
effluent, and any other pollutant discharge from the operation of a 
marine propulsion system, shipboard maneuvering system, crew 
habitability system, or installed major equipment, such as an aircraft 
carrier elevator or a catapult, or from a protective, preservative, or 
absorptive application to the hull of a vessel; and a discharge in 
connection with the testing, maintenance, and repair of any of the 
aforementioned systems whenever the vessel is waterborne, including 
pierside. A discharge incidental to normal operation does not include:
    (1) Sewage;
    (2) A discharge of rubbish, trash, or garbage;
    (3) A discharge of air emissions resulting from the operation of a 
vessel propulsion system, motor driven equipment, or incinerator;
    (4) A discharge that requires a National Pollutant Discharge 
Elimination System (NPDES) permit under the Clean Water Act; or
    (5) A discharge containing source, special nuclear, or byproduct 
materials regulated by the Atomic Energy Act.
    Environmental Protection Agency, abbreviated EPA, means the United 
States Environmental Protection Agency.
    Marine Pollution Control Device, abbreviated MPCD, means any 
equipment or management practice installed or used on an Armed Forces 
vessel that is designed to receive, retain, treat, control, or 
discharge a discharge incidental to the normal operation of a vessel, 
and that is determined by the Administrator and Secretary to be the 
most effective equipment or management practice to reduce the 
environmental impacts of the discharge consistent with the 
considerations in Clean Water Act section 312(n)(2)(B).
    No-discharge zone means an area of specified waters established 
pursuant to this regulation into which one or more specified discharges 
incidental to the normal operation of Armed Forces vessels, whether 
treated or untreated, are prohibited.
    Secretary means the Secretary of the United States Department of 
Defense or that person's authorized representative.
    United States includes the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Canal Zone, and the Trust Territory of the Pacific Islands.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of 
transportation on navigable waters of the United States or waters of 
the contiguous zone, but does not include amphibious vehicles.

Subpart B--Discharge Determinations


Sec. 1700.4  Discharges requiring control.

    For the following discharges incidental to the normal operation of 
Armed Forces vessels, the Administrator and the Secretary have 
determined that it is reasonable and practicable to require use of a 
Marine Pollution Control Device for at least one class of vessel to 
mitigate adverse impacts on the marine environment:
    (a) Aqueous Film-Forming Foam: the firefighting foam and seawater 
mixture discharged during training, testing, or maintenance operations.
    (b) Catapult Water Brake Tank & Post-Launch Retraction Exhaust: the 
oily water skimmed from the water tank used to stop the forward motion 
of an aircraft carrier catapult, and the condensed steam discharged 
when the catapult is retracted.
    (c) Chain Locker Effluent: the accumulated precipitation and 
seawater that is emptied from the compartment used to store the 
vessel's anchor chain.
    (d) Clean Ballast: the seawater taken into, and discharged from, 
dedicated ballast tanks to maintain the stability of the vessel and to 
adjust the buoyancy of submarines.
    (e) Compensated Fuel Ballast: the seawater taken into, and 
discharged from, ballast tanks designed to hold both ballast water and 
fuel to maintain the stability of the vessel.
    (f) Controllable Pitch Propeller Hydraulic Fluid: the hydraulic 
fluid that discharges into the surrounding seawater from propeller 
seals as part of normal operation, and the hydraulic fluid released 
during routine maintenance of the propellers.
    (g) Deck Runoff: the precipitation, washdowns, and seawater falling 
on the weather deck of a vessel and discharged overboard through deck 
openings.
    (h) Dirty Ballast: the seawater taken into, and discharged from, 
empty fuel tanks to maintain the stability of the vessel.
    (i) Distillation and Reverse Osmosis Brine: the concentrated 
seawater (brine) produced as a byproduct of the processes used to 
generate freshwater from seawater.
    (j) Elevator Pit Effluent: the liquid that accumulates in, and is 
discharged from, the sumps of elevator wells on vessels.
    (k) Firemain Systems: the seawater pumped through the firemain 
system for firemain testing, maintenance, and training, and to supply 
water for the operation of certain vessel systems.
    (l) Gas Turbine Water Wash: the water released from washing gas 
turbine components.
    (m) Graywater: galley, bath, and shower water, as well as 
wastewater from lavatory sinks, laundry, interior deck drains, water 
fountains, and shop sinks.
    (n) Hull Coating Leachate: the constituents that leach, dissolve, 
ablate, or erode from the paint on the hull into the surrounding 
seawater.
    (o) Motor Gasoline and Compensating Discharge: the seawater taken 
into, and discharged from, motor gasoline tanks to eliminate free space 
where vapors could accumulate.
    (p) Non-oily machinery wastewater: 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.
    (q) Photographic Laboratory Drains: the laboratory wastewater 
resulting from processing of photographic film.
    (r) Seawater Cooling Overboard Discharge: the discharge of seawater 
from a dedicated system that provides noncontact cooling water for 
other vessel systems.
    (s) Seawater Piping Biofouling Prevention: the discharge of 
seawater containing additives used to prevent the growth and attachment 
of biofouling organisms in dedicated seawater cooling systems on 
selected vessels.
    (t) Small Boat Engine Wet Exhaust: the seawater that is mixed and 
discharged with small boat propulsion engine exhaust to cool the 
exhaust and quiet the engine.

[[Page 45333]]

    (u) Sonar Dome Discharge: the leaching of antifoulant materials 
into the surrounding seawater and the release of seawater or freshwater 
retained within the sonar dome.
    (v) Submarine Bilgewater: the wastewater from a variety of sources 
that accumulates in the lowest part of the submarine (i.e., bilge).
    (w) Surface Vessel Bilgewater/Oil-Water Separator Effluent: the 
wastewater from a variety of sources that accumulates in the lowest 
part of the vessel (the bilge), and the effluent produced when the 
wastewater is processed by an oil water separator.
    (x) Underwater Ship Husbandry: the materials discharged during the 
inspection, maintenance, cleaning, and repair of hulls performed while 
the vessel is waterborne.
    (y) Welldeck Discharges: the water that accumulates from seawater 
flooding of the docking well (welldeck) of a vessel used to transport, 
load, and unload amphibious vessels, and from maintenance and 
freshwater washings of the welldeck and equipment and vessels stored in 
the welldeck.


Sec. 1700.5  Discharges not requiring control.

    For the following discharges incidental to the normal operation of 
Armed Forces vessels, the Administrator and the Secretary have 
determined that it is not reasonable or practicable to require use of a 
Marine Pollution Control Device to mitigate adverse impacts on the 
marine environment:
    (a) Boiler Blowdown: the water and steam discharged when a steam 
boiler is blown down, or when a steam safety valve is tested.
    (b) Catapult Wet Accumulator Discharge: the water discharged from a 
catapult wet accumulator, which stores a steam/water mixture for 
launching aircraft from an aircraft carrier.
    (c) Cathodic Protection: the constituents released into surrounding 
water from sacrificial anode or impressed current cathodic hull 
corrosion protection systems.
    (d) Freshwater Lay-up: the potable water that is discharged from 
the seawater cooling system while the vessel is in port, and the 
cooling system is in lay-up mode (a standby mode where seawater in the 
system is replaced with potable water for corrosion protection).
    (e) Mine Countermeasures Equipment Lubrication: the constituents 
released into the surrounding seawater by erosion or dissolution from 
lubricated mine countermeasures equipment when the equipment is 
deployed and towed.
    (f) Portable Damage Control Drain Pump Discharge: the seawater 
pumped through the portable damage control drain pump and discharged 
overboard during testing, maintenance, and training activities.
    (g) Portable Damage Control Drain Pump Wet Exhaust: the seawater 
mixed and discharged with portable damage control drain pump exhaust to 
cool the exhaust and quiet the engine.
    (h) Refrigeration and Air Conditioning Condensate: the drainage of 
condensed moisture from air conditioning units, refrigerators, 
freezers, and refrigerated spaces.
    (i) Rudder Bearing Lubrication: the oil or grease released by the 
erosion or dissolution from lubricated bearings that support the rudder 
and allow it to turn freely.
    (j) Steam Condensate: the condensed steam discharged from a vessel 
in port, where the steam originates from port facilities.
    (k) Stern Tube Seals and Underwater Bearing Lubrication: the 
seawater pumped through stern tube seals and underwater bearings to 
lubricate and cool them during normal operation.
    (l) Submarine Countermeasures Set Acoustic Launcher Discharge: the 
seawater that is mixed with acoustic countermeasure device propulsion 
gas following a countermeasure launch that is then exchanged with 
surrounding seawater, or partially drained when the launch assembly is 
removed from the submarine for maintenance.
    (m) Submarine Emergency Diesel Engine Wet Exhaust: the seawater 
that is mixed and discharged with submarine emergency diesel engine 
exhaust to cool the exhaust and quiet the engine.
    (n) Submarine Outboard Equipment Grease and External Hydraulics: 
the grease released into the surrounding seawater by erosion or 
dissolution from submarine equipment exposed to seawater.

Subpart C--Effect on States


Sec. 1700.6  Effect on State and local statutes and regulations.

    (a) After the effective date of a final rule determining that it is 
not reasonable and practicable to require use of a Marine Pollution 
Control Device regarding a particular discharge incidental to the 
normal operation of an Armed Forces vessel, States or political 
subdivisions of States may not adopt or enforce any State or local 
statute or regulation, including issuance or enforcement of permits 
under the National Pollutant Discharge Elimination System, controlling 
that discharge, except that States may establish a no-discharge zone by 
State prohibition (as provided in Sec. 1700.9), or apply for a no-
discharge zone by EPA prohibition (as provided in Sec. 1700.10).
    (b)(1) After the effective date of a final rule determining that it 
is reasonable and practicable to require use of a Marine Pollution 
Control Device regarding a particular discharge incidental to the 
normal operation of an Armed Forces vessel, States may apply for a no-
discharge zone by EPA prohibition (as provided in Sec. 1700.10) for 
that discharge.
    (2) After the effective date of a final rule promulgated by the 
Secretary governing the design, construction, installation, and use of 
a Marine Pollution Control Device for a discharge listed in 
Sec. 1700.4, States or political subdivisions of States may not adopt 
or enforce any State or local statute or regulation, including issuance 
or enforcement of permits under the National Pollutant Discharge 
Elimination System, controlling that discharge except that States may 
establish a no-discharge zone by State prohibition (as provided in 
Sec. 1700.9), or apply for a no-discharge zone by EPA prohibition (as 
provided in Sec. 1700.10).
    (c) The Governor of any State may submit a petition requesting that 
the Administrator and Secretary review a determination of whether a 
Marine Pollution Control Device is required for any discharge listed in 
Sec. 1700.4 or Sec. 1700.5, or review a Federal standard of performance 
for a Marine Pollution Control Device.

No-Discharge Zones


Sec. 1700.7  No-discharge zones.

    For this part, a no-discharge zone is a waterbody, or portion 
thereof, where one or more discharges incidental to the normal 
operation of Armed Forces vessels, whether treated or not, are 
prohibited. A no-discharge zone is established either by State 
prohibition using the procedures in Sec. 1700.9, or by EPA prohibition, 
upon application of a State, using the procedures in Sec. 1700.10.


Sec. 1700.8  Discharges for which no-discharge zones can be 
established.

    (a) A no-discharge zone may be established by State prohibition for 
any discharge listed in Sec. 1700.4 or Sec. 1700.5 following the 
procedures in Sec. 1700.9. A no-discharge zone established by a State 
using these procedures may apply only to those discharges that have 
been preempted from other State or local regulation pursuant to 
Sec. 1700.6.
    (b) A no-discharge zone may be established by EPA prohibition for 
any discharge listed in Sec. 1700.4 or Sec. 1700.5 following the 
procedures in Sec. 1700.10.

[[Page 45334]]

Sec. 1700.9  No-discharge zones by State prohibition.

    (a) A State seeking to establish a no-discharge zone by State 
prohibition must send to the Administrator the following information:
    (1) The discharge from Sec. 1700.4 or Sec. 1700.5 to be prohibited 
within the no-discharge zone.
    (2) A detailed description of the waterbody, or portions thereof, 
to be included in the prohibition. The description must include a map, 
preferably a USGS topographic quadrant map, clearly marking the zone 
boundaries by latitude and longitude.
    (3) A determination that the protection and enhancement of the 
waters described in paragraph (a)(2) of this section require greater 
environmental protection than provided by existing Federal standards.
    (4) A complete description of the facilities reasonably available 
for collecting the discharge including:
    (i) A map showing their location(s) and a written location 
description.
    (ii) A demonstration that the facilities have the capacity and 
capability to provide safe and sanitary removal of the volume of 
discharge being prohibited in terms of both vessel berthing and 
discharge reception.
    (iii) The schedule of operating hours of the facilities.
    (iv) The draft requirements of the vessel(s) that will be required 
to use the facilities and the available water depth at the facilities.
    (v) Information showing that handling of the discharge at the 
facilities is in conformance with Federal law.
    (5) Information on whether vessels other than those of the Armed 
Forces are subject to the same type of prohibition. If the State is not 
applying the prohibition to all vessels in the area, the State must 
demonstrate the technical or environmental basis for applying the 
prohibition only to Armed Forces vessels. The following information 
must be included in the technical or environmental basis for treating 
Armed Forces vessels differently:
    (i) An analysis showing the relative contributions of the discharge 
from Armed Forces and non-Armed Forces vessels.
    (ii) A description of State efforts to control the discharge from 
non-Armed Forces vessels.
    (b) The information provided under paragraph (a) of this section 
must be sufficient to enable EPA to make the two determinations listed 
below. Prior to making these determinations, EPA will consult with the 
Secretary on the adequacy of the facilities and the operational impact 
of any prohibition on Armed Forces vessels.
    (1) Adequate facilities for the safe and sanitary removal of the 
discharge are reasonably available for the specified waters.
    (2) The prohibition will not have the effect of discriminating 
against vessels of the Armed Forces by reason of the ownership or 
operation by the Federal Government, or the military function, of the 
vessels.
    (c) EPA will notify the State in writing of the result of the 
determinations under paragraph (b) of this section, and will provide a 
written explanation of any negative determinations. A no-discharge zone 
established by State prohibition will not go into effect until EPA 
determines that the conditions of paragraph (b) of this section have 
been met.


Sec. 1700.10  No-discharge zones by EPA prohibition.

    (a) A State requesting EPA to establish a no-discharge zone must 
send to the Administrator an application containing the following 
information:
    (1) The discharge from Sec. 1700.4 or Sec. 1700.5 to be prohibited 
within the no-discharge zone.
    (2) A detailed description of the waterbody, or portions thereof, 
to be included in the prohibition. The description must include a map, 
preferably a USGS topographic quadrant map, clearly marking the zone 
boundaries by latitude and longitude.
    (3) A technical analysis showing why protection and enhancement of 
the waters described in paragraph (a)(2) of this section require a 
prohibition of the discharge. The analysis must provide specific 
information on why the discharge adversely impacts the zone and how 
prohibition will protect the zone. In addition, the analysis should 
characterize any sensitive areas, such as aquatic sanctuaries, fish-
spawning and nursery areas, pristine areas, areas not meeting water 
quality standards, drinking water intakes, and recreational areas.
    (4) A complete description of the facilities reasonably available 
for collecting the discharge including:
    (i) A map showing their location(s) and a written location 
description.
    (ii) A demonstration that the facilities have the capacity and 
capability to provide safe and sanitary removal of the volume of 
discharge being prohibited in terms of both vessel berthing and 
discharge reception.
    (iii) The schedule of operating hours of the facilities.
    (iv) The draft requirements of the vessel(s) that will be required 
to use the facilities and the available water depth at the facilities.
    (v) Information showing that handling of the discharge at the 
facilities is in conformance with Federal law.
    (5) Information on whether vessels other than those of the Armed 
Forces are subject to the same type of prohibition. If the State is not 
applying the prohibition to all vessels in the area, the State must 
demonstrate the technical or environmental basis for applying the 
prohibition only to Armed Forces vessels. The following information 
must be included in the technical or environmental basis for treating 
Armed Forces vessels differently:
    (i) An analysis showing the relative contributions of the discharge 
from Armed Forces and non-Armed Forces vessels.
    (ii) A description of State efforts to control the discharge from 
non-Armed Forces vessels.
    (b) The information provided under paragraph (a) of this section 
must be sufficient to enable EPA to make the three determinations 
listed below. Prior to making these determinations, EPA will consult 
with the Secretary on the adequacy of the facilities and the 
operational impact of the prohibition on Armed Forces vessels.
    (1) The protection and enhancement of the specified waters require 
a prohibition of the discharge.
    (2) Adequate facilities for the safe and sanitary removal of the 
discharge are reasonably available for the specified waters.
    (3) The prohibition will not have the effect of discriminating 
against vessels of the Armed Forces by reason of the ownership or 
operation by the Federal Government, or the military function, or the 
vessels.
    (c) If the three conditions in paragraph (b) of this section are 
met, EPA will by regulation establish the no-discharge zone. If the 
conditions in paragraphs (b)(1) and (3) of this section are met, but 
the condition in paragraph (b)(2) of this section is not met, EPA may 
establish the no-discharge zone if it determines that the significance 
of the waters and the potential impact of the discharge are of 
sufficient magnitude to warrant any resulting constraints on Armed 
Forces vessels.
    (d) EPA will notify the State of its decision on the no-discharge 
zone application in writing. If EPA approves the no-discharge zone 
application, EPA will by regulation establish the no-discharge zone by 
modification to this part. A no-discharge zone established by EPA 
prohibition will not go into effect until the effective date of the 
regulation.

[[Page 45335]]

State Petition for Review


Sec. 1700.11  State petition for review of determinations or standards.

    The Governor of any State may submit a petition requesting that the 
Administrator and Secretary review a determination of whether a Marine 
Pollution Control Device is required for any discharge listed in 
Sec. 1700.4 or Sec. 1700.5, or review a Federal standard of performance 
for a Marine Pollution Control Device. A State may submit a petition 
only where there is new, significant information not considered 
previously by the Administrator and Secretary.


Sec. 1700.12  Petition requirements.

    A petition for review of a determination or standard must include:
    (a) The discharge from Sec. 1700.4 or Sec. 1700.5 for which a 
change in determination is requested, or the performance standard from 
Sec. 1700.14 for which review is requested.
    (b) The scientific and technical information on which the petition 
is based.
    (c) A detailed explanation of why the State believes that 
consideration of the new information should result in a change to the 
determination or the standard on a nationwide basis, and an explanation 
of how the new information is relevant to one or more of the following 
factors:
    (1) The nature of the discharge.
    (2) The environmental effects of the discharge.
    (3) The practicability of using a Marine Pollution Control Device.
    (4) The effect that installation or use of the Marine Pollution 
Control Device would have on the operation or operational capability of 
the vessel.
    (5) Applicable United States law.
    (6) Applicable international standards.
    (7) The economic costs of the installation and use of the Marine 
Pollution Control Device.


Sec. 1700.13  Petition decisions.

    The Administrator and the Secretary will evaluate the petition and 
grant or deny the petition no later than two years after the date of 
receipt of the petition. If the Administrator and Secretary grant the 
petition, they will undertake rulemaking to amend this part. If the 
Administrator and Secretary deny the petition, they will provide the 
State with a written explanation of why they denied it.

Subpart D--Marine Pollution Control Device (MPCD) Performance 
Standards


Sec. 1700.14  Marine Pollution Control Device (MPCD) Performance 
Standards. [Reserved.]

[FR Doc. 98-22533 Filed 8-24-98; 8:45 am]
BILLING CODE 6560-50-P