[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69753-69772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24079]


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ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF DEFENSE

40 CFR Part 1700

[EPA-HQ-OW-2016-0351; FRL-9949-12-OW]
RIN 2040-AF53


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

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

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) and the U.S. 
Department of Defense (DoD) propose discharge performance standards for 
11 discharges incidental to the normal operation of a vessel of the 
Armed Forces into the navigable waters of the United States, the 
territorial seas, and the contiguous zone. When implemented, the 
proposed discharge performance standards would reduce the adverse 
environmental impacts associated with the vessel discharges, stimulate 
the development of improved vessel pollution control devices, and 
advance the development of environmentally sound vessels of the Armed 
Forces. The 11 discharges addressed by the proposed rule are the 
following: catapult water brake tank and post-launch retraction 
exhaust, controllable pitch propeller hydraulic fluid, deck runoff, 
firemain systems, graywater, hull coating leachate, motor gasoline and 
compensating discharge, sonar dome discharge, submarine bilgewater, 
surface vessel bilgewater/oil-water separator effluent, and underwater 
ship husbandry.

DATES: Comments must be received on or before December 6, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-HQ-OW-
2016-0351, at http://www.regulation.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katherine B. Weiler, Marine Pollution 
Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; (202) 566-1280; [email protected], or Mike

[[Page 69754]]

Pletke, Chief of Naval Operations (N45), 2000 Navy Pentagon (Rm. 
2D253), Washington, DC 20350-2000; (703) 695-5184; 
[email protected].

SUPPLEMENTARY INFORMATION: This supplementary information is organized 
as follows:

I. General Information
    A. Legal Authority for the Proposed Rule
    B. Purpose of the Proposed Rule
    C. What vessels are potentially affected by the Proposed Rule?
    D. What is the geographic scope of the Proposed Rule?
    E. Rulemaking Process
    F. Summary of Public Outreach and Consultation With Federal 
Agencies, States, Territories, and Tribes
    G. Supporting Documentation
    H. What should I consider as I prepare my comments?
II. UNDS Performance Standards Development
    A. Nature of the Discharge
    B. Environmental Effects
    C. Cost, Practicability, and Operational Impacts
    D. Applicable U.S. and International Law
    E. Definitions
III. UNDS Discharge Analysis and Performance Standards
    A. Catapult Water Brake Tank and Post-Launch Retraction Exhaust
    B. Controllable Pitch Propeller Hydraulic Fluid
    C. Deck Runoff
    D. Firemain Systems
    E. Graywater
    F. Hull Coating Leachate
    G. Motor Gasoline and Compensating Discharge
    H. Sonar Dome Discharge
    I. Submarine Bilgewater
    J. Surface Vessel Bilgewater/Oil-Water Separator Effluent (OWSE)
    K. Underwater Ship Husbandry
IV. Additional Information of the Proposed Rule
V. Related Acts of Congress and Executive Orders
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 13112: Invasive Species
    K. Executive Order 13089: Coral Reef Protection
    L. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
VI. Appendix A. Description of Vessels of the Armed Forces

I. General Information

A. Legal Authority for the Proposed Rule

    The EPA and DoD propose this rule under the authority of Clean 
Water Act (CWA) section 312 (33 U.S.C. 1322). Section 325 of the 
National Defense Authorization Act of 1996 (``NDAA''), entitled 
``Discharges from Vessels of the Armed Forces'' (Pub. L. 104-106, 110 
Stat. 254), amended CWA section 312, to require the Administrator of 
the U.S. Environmental Protection Agency (Administrator) and the 
Secretary of Defense of the U.S. Department of Defense (Secretary) to 
develop uniform national standards to control certain discharges 
incidental to the normal operation of a vessel of the Armed Forces. The 
term Uniform National Discharge Standards or UNDS is used in this 
preamble to refer to the provisions in CWA section 312(a)(12) through 
(14) and (n) (33 U.S.C. 1322(a)(12) through (14) and (n)).

B. Purpose of the Proposed Rule

    UNDS are intended to enhance the operational flexibility of vessels 
of the Armed Forces domestically and internationally, stimulate the 
development of innovative vessel pollution control technology, and 
advance the development of environmentally sound ships. Section 
312(n)(3)(A) of the CWA requires the EPA and DoD to promulgate uniform 
national discharge standards for certain discharges incidental to the 
normal operation of a vessel of the Armed Forces (CWA section 
312(a)(12)), unless the Secretary finds that compliance with UNDS would 
not be in the national security interests of the United States (CWA 
section 312(n)(1)).
    The proposed rule would amend title 40 Code of Federal Regulations 
(CFR) part 1700 to establish discharge performance standards for 11 
discharges incidental to the normal operation of a vessel of the Armed 
Forces from among the 25 discharges for which the EPA and DoD 
previously determined (64 FR 25126, May 10, 1999) that it is reasonable 
and practicable to require a marine pollution control device (MPCD). 
The 11 discharges addressed by the proposal are the following: Catapult 
water brake tank and post-launch retraction exhaust, controllable pitch 
propeller hydraulic fluid, deck runoff, firemain systems, graywater, 
hull coating leachate, motor gasoline and compensating discharge, sonar 
dome discharge, submarine bilgewater, surface vessel bilgewater/oil-
water separator effluent, and underwater ship husbandry.
    The proposed discharge performance standards would not become 
enforceable until after promulgation of a final rule, as well as 
promulgation of regulations by DoD under CWA section 312(n)(5)(C) to 
govern the design, construction, installation, and use of a MPCD.
    UNDS do not apply to the following discharges from vessels of the 
Armed Forces: Overboard discharges of rubbish, trash, garbage, or other 
such materials; sewage; air emissions resulting from the operation of a 
vessel propulsion system, motor-driven equipment, or incinerator; or 
discharges that require permitting under the National Pollutant 
Discharge Elimination System (NPDES) program, including operational 
discharges and other discharges that are not incidental to the normal 
operation of a vessel of the Armed Forces.

C. What vessels are potentially affected by the proposed rule?

    The proposed rule would apply to vessels of the Armed Forces. For 
the purposes of the rulemaking, the term ``vessel of the Armed Forces'' 
is defined at CWA section 312(a)(14). Vessel of the Armed Forces means 
any vessel owned or operated by the U.S. Department of Defense (i.e., 
U.S. Navy, Military Sealift Command, U.S. Marine Corps, U.S. Army, and 
U.S. Air Force), other than a time- or voyage-chartered vessel, as well 
as any U.S. Coast Guard vessel designated by the Secretary of the 
Department in which the U.S. Coast Guard is operating. The preceding 
list is not intended to be exhaustive, but rather provides a guide for 
the reader regarding the vessels of the Armed Forces to be regulated by 
the proposed rule. The proposed rule would not apply to commercial 
vessels; private vessels; vessels owned or operated by state, local, or 
tribal governments; vessels under the jurisdiction of the U.S. Army 
Corps of Engineers; certain vessels under the jurisdiction of the U.S. 
Department of Transportation; vessels preserved as memorials and 
museums; vessels under construction; vessels in drydock; amphibious 
vehicles; and, as noted above, time- or voyage-chartered vessels. For 
answers to questions regarding the applicability of this action to a 
particular vessel, consult one of the contacts listed in the FOR 
FURTHER INFORMATION CONTACT section.

[[Page 69755]]

D. What is the geographic scope of the proposed rule?

    The proposed rule would be applicable to discharges from a vessel 
of the Armed Forces operating in the navigable waters of the United 
States, territorial seas, and the contiguous zone (CWA section 
1322(n)(8)(A)). The proposed rule applies in both fresh and marine 
waters and can include bodies of water such as rivers, lakes, and 
oceans. Together, the preamble refers to these waters as ``waters 
subject to UNDS.''
    Sections 502(7), 502(8), and 502(9) of the CWA define the term 
``navigable waters,'' ``territorial seas,'' and ``contiguous zone,'' 
respectively. The term ``navigable waters'' means waters of the United 
States including the territorial seas, where the United States includes 
the states, the District of Columbia, the Commonwealth of Puerto Rico, 
the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Trust Territories of the Pacific 
Islands. The term ``territorial seas'' means the belt of seas that 
generally extends three miles seaward from the line of ordinary low 
water along the portion of the coast in direct contact with the open 
sea and the line marking the seaward limit of inland waters. The term 
``contiguous zone'' means the entire zone established or to be 
established by the United States under Article 24 of the Convention of 
the Territorial Sea and the Contiguous Zone. Generally, the contiguous 
zone extends seaward for the next nine miles (i.e., from three to 12 
miles from the U.S. coastline). The proposed rule would not be 
applicable seaward of the contiguous zone.

E. Rulemaking Process

    The UNDS rulemaking is a joint rulemaking between the EPA and DoD 
and is under development in three phases. The first two phases reflect 
joint rulemaking between the EPA and DoD; the third phase is a DoD-only 
rule.
Phase I
    The EPA and DoD promulgated the Phase I regulations on May 10, 1999 
(64 FR 25126), and these existing regulations are codified at 40 CFR 
part 1700. During Phase I, the EPA and DoD identified the discharges 
incidental to the normal operation of a vessel of the Armed Forces for 
which it is reasonable and practicable to require control with a MPCD 
to mitigate potential adverse impacts on the marine environment (CWA 
section 312(n)(2)), as well as those discharges for which it is not. 
Section 312(a)(13) of the CWA defines a MPCD as any equipment or 
management practice, for installation or use on a vessel of the Armed 
Forces, that is designed to receive, retain, treat, control, or 
discharge a discharge incidental to the normal operation of a vessel; 
and determined by the Administrator and the Secretary to be the most 
effective equipment or management practice to reduce the environmental 
impacts of the discharge consistent with the considerations set forth 
by UNDS.
    During Phase I, the EPA and DoD identified the following 25 
discharges as requiring control with a MPCD: Aqueous Film-Forming Foam; 
Catapult Water Brake Tank and Post-Launch Retraction Exhaust; Chain 
Locker Effluent; Clean Ballast; Compensated Fuel Ballast; Controllable 
Pitch Propeller Hydraulic Fluid; Deck Runoff; Dirty Ballast; 
Distillation and Reverse Osmosis Brine; Elevator Pit Effluent; Firemain 
Systems; Gas Turbine Water Wash; Graywater; Hull Coating Leachate; 
Motor Gasoline and 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 Effluent; Underwater Ship Husbandry; and 
Welldeck Discharges (40 CFR 1700.4).
    During Phase I, the EPA and DoD identified the following 14 
discharges as not requiring control with a MPCD: Boiler Blowdown; 
Catapult Wet Accumulator Discharge; Cathodic Protection; Freshwater 
Layup; Mine Countermeasures Equipment Lubrication; Portable Damage 
Control Drain Pump Discharge; Portable Damage Control Drain Pump Wet 
Exhaust; Refrigeration/Air Conditioning Condensate; Rudder Bearing 
Lubrication; Steam Condensate; Stern Tube Seals and Underwater Bearing 
Lubrication; Submarine Acoustic Countermeasures Launcher Discharge; 
Submarine Emergency Diesel Engine Wet Exhaust; and Submarine Outboard 
Equipment Grease and External Hydraulics.
    As of the effective date of the Phase I rule (June 9, 1999), 
neither states nor political subdivisions of states may adopt or 
enforce any state or local statutes or regulations with respect to the 
14 discharges that were identified as not requiring control, except to 
establish no-discharge zones (CWA sections 312(n)(6)(A) and 312(n)(7)). 
However, section 312(n)(5)(D) of the CWA authorizes a Governor of any 
state to submit a petition to DoD and the EPA requesting the re-
evaluation of a prior determination that a MPCD is required for a 
particular discharge (40 CFR 1700.4) or that a MPCD is not required for 
a particular discharge (40 CFR 1700.5), if there is significant new 
information not considered previously, that could reasonably result in 
a change to the determination (CWA section 312(n)(5)(D) and 40 CFR 
1700.11).
Phase II
    Section 312(n)(3) of the CWA provides for Phase II and requires the 
EPA and DoD to develop federal discharge performance standards for each 
of the 25 discharges identified in Phase I as requiring control. In 
doing so, the EPA and DoD are required to consult with the Department 
in which the U.S. Coast Guard is operating, the Secretary of Commerce, 
interested states, the Secretary of State, and other interested federal 
agencies. In promulgating Phase II discharge performance standards, CWA 
section 312(n)(2)(B) directs the EPA and DoD to consider seven factors: 
The nature of the discharge; the environmental effects of the 
discharge; the practicability of using the MPCD; the effect that 
installation or use of the MPCD would have on the operation or the 
operational capability of the vessel; applicable U.S. law; applicable 
international standards; and the economic costs of installation and use 
of the MPCD. Section 312(n)(3)(C) of the CWA further provides that the 
EPA and DoD may establish discharge standards that (1) distinguish 
among classes, types, and sizes of vessels; (2) distinguish between new 
and existing vessels; and (3) provide for a waiver of applicability of 
standards as necessary or appropriate to a particular class, type, age, 
or size of vessel.
    The EPA and DoD developed a process to establish the Phase II 
discharge performance standards in three batches (three separate 
rulemakings). The first batch of discharge performance standards was 
published on February 3, 2014 (79 FR 6117) and addressed 11 of the 25 
discharges identified as requiring control (64 FR 25126). The second 
batch of discharge performance standards, the subject of this proposed 
rule, addresses 11 additional discharges identified as requiring 
control (64 FR 25126). The third batch of discharge performance 
standards that will address the remaining three discharges will be 
proposed in a separate rule.
    In developing the Phase II discharge performance standards, the EPA 
and DoD reference the 2013 NPDES Vessel General Permit and the 2014 
NPDES Small Vessel General Permit (hereinafter

[[Page 69756]]

referred to collectively as the NPDES VGPs) as the baseline for each 
comparable discharge incidental to the normal operation of a vessel of 
the Armed Forces (78 FR 21938, April 12, 2013 and 79 FR 53702, 
September 10, 2014). The NPDES VGPs provide for CWA authorization of 
discharges incidental to the normal operation of non-military and non-
recreational vessels extending to the outer reach of the three-mile 
territorial sea as defined in CWA section 502(8). The NPDES VGPs 
include effluent limits that are based on both the technology available 
to treat pollutants (i.e., technology-based effluent limitations), and 
limits that would be protective of the designated uses of the receiving 
waters (i.e., water quality-based effluent limits), including both non-
numeric and numeric limitations. Vessels covered under the NPDES VGPs 
vary widely by type, size, and activity and similarly, the contents and 
volume of the waste streams can vary dependent upon seas, cargo 
carried, and age of the vessel. Though the 2013 NPDES VGP was remanded 
to EPA after a judicial challenge, NRDC v. EPA, 808 F.3d 556 (2d Cir. 
2015), the contested issues remanded to EPA are specific to the CWA 
NPDES permit program and thus are not relevant to the development of 
the proposed UNDS discharge performance standards. Numeric effluent 
limitations were used when feasible but due to the variety of vessel 
types, sizes, and activities, the EPA also used non-numeric effluent 
limitations to regulate vessel discharges covered by the NPDES VGPs. 
Additional information on NPDES permitting can be found on-line at 
http://www.epa.gov/npdes/.
    Using the NPDES VGPs as a baseline for developing the performance 
standards for discharges incidental to the normal operation of a vessel 
of the Armed Forces allowed the EPA and DoD to maximize the use of the 
EPA's scientific and technical work developed to support the NPDES 
VGPs. The NPDES VGPs technology-based and water quality-based effluent 
limitations were then adapted, as appropriate, for the relevant 
discharges from vessels of the Armed Forces.
Phase III
    Phase III of UNDS requires DoD, in consultation with the EPA and 
the Secretary of the Department in which the U.S. Coast Guard is 
operating, within one year of finalization of the Phase II standards, 
to promulgate regulations governing the design, construction, 
installation, and use of MPCDs necessary to meet the discharge 
performance standards. DoD will implement the Phase III regulations 
under the authority of the Secretary as a DoD publication. The Phase 
III regulations will be publicly released and are expected to be made 
available on the Defense Technical Information Center Web site: http://www.dtic.mil/whs/directives. Similar to Phase II, Phase III will be 
promulgated in three batches.
    Following the effective date of regulations under Phase III, it 
will be unlawful for a vessel of the Armed Forces to operate within 
waters subject to UNDS if the vessel is not equipped with a MPCD that 
meets the final Phase II standards (CWA section 312 (n)(7)). It also 
will be unlawful for a vessel of the Armed Forces to discharge a 
regulated UNDS discharge into an UNDS no-discharge zone (i.e., waters 
where a prohibition on a discharge has been established) (CWA section 
312(n)(8)). Any person in violation of this requirement shall be liable 
to a civil penalty of not more than $5,000 for each violation (CWA 
section 312(j)). The Secretary of the Department in which the U.S. 
Coast Guard is operating shall enforce these provisions and may utilize 
law enforcement officers, EPA personnel and facilities, other federal 
agencies, or the states to carry out these provisions. States may also 
enforce these provisions (CWA section 312(k) and (n)(9)).
    In addition, as of the effective date of the Phase III regulations, 
neither States nor political subdivisions of States may adopt or 
enforce any state or local statute or regulation with respect to 
discharges identified as requiring control, except to establish no-
discharge zones (CWA section 312(n)(7)). CWA section 312(n)(7) provides 
for the establishment of no-discharge zones either (1) by State 
prohibition after application and a determination by the EPA, or (2) 
directly by EPA prohibition. The Phase I UNDS regulations established 
the criteria and procedures for establishing UNDS no-discharge zones 
(40 CFR 1700.9 and 40 CFR 1700.10).
    If a state determines that the protection and enhancement of the 
quality of some or all of its waters require greater environmental 
protection, the state may prohibit one or more discharges incidental to 
the normal operation of a vessel of the Armed Forces, whether treated 
or not, into those waters (40 CFR 1700.9). A state prohibition does not 
apply until after the Administrator determines that (1) the protection 
and enhancement of the quality of the specified waters within the state 
require a prohibition of the discharge into the waters; (2) adequate 
facilities for the safe and sanitary removal of the discharge 
incidental to the normal operation of a vessel are reasonably available 
for the waters to which the prohibition would apply; and (3) the 
prohibition will not have the effect of discriminating against a vessel 
of the Armed Forces by reason of the ownership or operation by the 
federal government, or the military function, of the vessel (40 CFR 
1700.9(b)(2)).
    Alternatively, a State may request that the EPA prohibit, by 
regulation, the discharge of one or more discharges incidental to the 
normal operation of a vessel of the Armed Forces, whether treated or 
not, into specified waters within a state (40 CFR 1700.10). In this 
case, the EPA would make a determination that the protection and 
enhancement of the quality of the specified waters requires a 
prohibition of the discharge. As with the application of a state 
prohibition described above, the Administrator would need to determine 
that (1) the protection and enhancement of the quality of the specified 
waters within the state require a prohibition of the discharge into the 
waters; (2) adequate facilities for the safe and sanitary removal of 
the discharge incidental to the normal operation of a vessel are 
reasonably available for the waters to which the prohibition would 
apply; and (3) the prohibition will not have the effect of 
discriminating against a vessel of the Armed Forces by reason of the 
ownership or operation by the federal government, or the military 
function, of the vessel (40 CFR 1700.9(b)(2)). The EPA may not, 
however, disapprove a state application for this latter type of 
prohibition for the sole reason that there are not adequate facilities 
for the safe and sanitary removal of such discharges (CWA section 
312(n)(7)(B)(ii) and 40 CFR 1700.10(b)).
    The statute also requires the EPA and DoD to review the 
determinations and standards every five years and, if necessary, to 
revise them based on significant new information. Specifically, CWA 
section 312(n)(5)(A) and (B) contain provisions for reviewing and 
modifying both of the following determinations: (1) Whether control 
should be required for a particular discharge, and (2) the substantive 
standard of performance for a discharge for which control is required. 
A Governor also may petition the Administrator and the Secretary to 
review a UNDS determination or standard if there is significant new 
information, not considered previously, that could reasonably result in 
a change

[[Page 69757]]

to the determination or standard (CWA section 312(n)(5)(D) and 40 CFR 
1700.11).

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

    During the development of the proposed rule, the EPA and DoD 
consulted with other federal agencies, states, and tribes regarding the 
reduction of adverse environmental impacts associated with discharges 
from vessels of the Armed Forces; development of innovative vessel 
pollution control technology; and advancement of environmentally sound 
vessels of the Armed Forces. In addition, the EPA and DoD reviewed 
comments on the NPDES VGPs.

G. Supporting Documentation

    The proposed rule is supported by ``Technical Development Document 
(TDD) Phase I Uniform National Discharge Standards (UNDS) for Vessels 
of the Armed Forces,'' the UNDS Phase I rules, the ``Final 2013 Vessel 
General Permit for Discharges Incidental to the Normal Operation of 
Vessels (VGP),'' the ``Vessel General Permit (VGP) Fact Sheet,'' the 
``Final Small Vessel General Permit for Discharges Incidental to the 
Normal Operation of Vessels Less Than 79 Feet (sVGP),'' the ``Small 
Vessel General Permit (sVGP) Fact Sheet,'' the ``Economics and Benefits 
Analysis of the Final 2013 Vessel General Permit (VGP),'' the 
``Economics and Benefits Analysis of the Final 2013 Small Vessel 
General Permit (sVGP),'' the ``February 2014 Uniform National Discharge 
Standards for Vessels of the Armed Forces--Phase II,'' the ``Report to 
Congress: Study of Discharges Incidental to Normal Operation of 
Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 
79 Feet,'' and the ``Environmentally Acceptable Lubricants.'' These 
documents are available from the EPA Water Docket, Docket No. EPA-HQ-
OW-2016-0351 (Email: [email protected]; Phone Number: (202) 566-2426; 
Mail: Water Docket, Mail Code: 2822-IT, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; or Online: http://www.regulations.gov). The NPDES 
VGPs background documents also are available online: https://www.epa.gov/npdes/vessels.

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

    The public may submit comments in written or electronic form. 
Electronic comments must be identified by the docket number EPA-HQ-OW-
2016-0351. These electronic submissions will be accepted in Microsoft 
Word or Adobe PDF. If your comment cannot be read due to technical 
difficulties and you cannot be contacted for clarification, the EPA and 
DoD may not be able to consider your comment. Avoid the use of special 
characters and any form of encryption.
    Tips for Preparing Comments. Please follow these guidelines as you 
prepare your comments so that the EPA and DoD can better address them 
in a timely manner.
    1. Identify the proposed rule by docket number and other 
identifying information (subject heading, Federal Register date, and 
page number).
    2. Explain why you agree or disagree with any proposed discharge 
performance standards; suggest alternatives and substitute language for 
your requested changes.
    3. Describe any assumptions and provide any technical information 
or data that you used.
    4. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    5. Explain your views as clearly as possible.
    Make sure to submit your comments by the comment period deadline. 
The EPA and DoD are not obligated to accept or consider late comments.

II. UNDS Performance Standards Development

    During the development of the proposed discharge performance 
standards, the EPA and DoD analyzed the information from the Phase I of 
UNDS, considered the relevant language in the NPDES VGPs effluent 
limitations, and took into the consideration the seven statutory 
factors listed in CWA section 312(n)(2)(B). These seven statutory 
factors are: The nature of the discharge; the environmental effects of 
the discharge; the practicability of using the MPCD; the effect that 
installation or use of the MPCD would have on the operation or 
operational capability of the vessel; applicable U.S. law; applicable 
international standards; and the economic costs of the installation and 
use of the MPCD. The EPA and DoD determined that the NPDES VGPs 
effluent limitations, which include technology-based and water quality-
based effluent limitations, provide a sound basis to serve as a 
baseline for developing the discharge performance standards for the 11 
discharges in this proposed rule. The subsections below outline the EPA 
and DoD's approach to considering the seven statutory factors listed in 
CWA section 312(n)(2)(B).

A. Nature of the Discharge

    During Phase I, the EPA and DoD gathered information on the 
discharges incidental to the normal operation of a vessel of the Armed 
Forces and developed nature of the discharge reports. The nature of the 
discharge reports discuss how the discharge is generated, volumes and 
frequencies of the generated discharge, where the discharge occurs, and 
the constituents present in the discharge. In addition, the EPA and DoD 
reviewed relevant discharge information in the supporting documentation 
of the NPDES VGPs. The EPA and DoD briefly describe the nature of each 
of the 11 discharges below; however, the complete nature of the 
discharge reports can be found in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.

B. Environmental Effects

    Discharges incidental to the normal operation of a vessel of the 
Armed Forces have the potential to negatively impact the aquatic 
environment. The discharges contain a wide variety of constituents that 
have the potential to negatively impact aquatic species and habitats. 
These discharges can cause thermal pollution and can contain aquatic 
nuisance species (ANS), nutrients, bacteria or pathogens (e.g., E. coli 
and fecal coliforms), oil and grease, metals, most conventional 
pollutants (e.g., organic matter, bicarbonate, and suspended solids), 
and other toxic and non-conventional pollutants with toxic effects. 
While it is unlikely that these discharges would cause an acute or 
chronic exceedance of the EPA recommended water quality criteria across 
a large water body, these discharges have the potential to cause 
adverse environmental impacts on a more localized scale due to the end-
of-pipe nature of the discharges. For each of the 11 discharges below, 
the EPA and DoD discuss the constituents of concern released into the 
environment and potential water quality impacts. The proposed discharge 
performance standards would reduce the discharge of constituents of 
concern and mitigate the environmental risks to the receiving waters.

C. Cost, Practicability, and Operational Impacts

    The universe of vessels of the Armed Forces affected by the 
proposed rule encompasses more than 6,000 vessels distributed among the 
U.S. Navy, Military Sealift Command, U.S. Coast Guard, U.S. Army, U.S. 
Marine Corps, and U.S. Air Force. These vessels range

[[Page 69758]]

in design and size from small boats with lengths of less than 20 feet 
for coastal operations, to aircraft carriers with lengths of over 1,000 
feet for global operations. Approximately 80 percent of the vessels of 
the Armed Forces are less than 79 feet in length. Larger vessels (i.e., 
vessels with length greater than or equal to 79 feet) comprise 20 
percent of the vessels of the Armed Forces. The EPA and DoD considered 
vessel class, type, and size when developing the proposed discharge 
standards as not all vessels of the Armed Forces have the same 
discharges. For more information on the various vessel classes, 
characteristics, and missions, see Appendix A.
    The EPA and DoD assessed the relative costs, practicability, and 
operational impacts of the proposed rule by comparing current operating 
conditions and practices of vessels of the Armed Forces with the 
anticipated operating conditions and practices that would be required 
to meet the proposed discharge performance standards. The EPA and DoD 
determined that the proposed discharge performance standards applicable 
to operating conditions and practices for the 11 discharges would only 
result in a marginal increase in performance costs, practicability, and 
operational impacts.

D. Applicable U.S. and International Law

    The EPA and DoD reviewed U.S. laws and international standards that 
would be relevant to discharges incidental to the normal operation of a 
vessel of the Armed Forces. A number of U.S. environmental laws include 
specific provisions for federal facilities and properties that may 
result in different environmental requirements for federal and non-
federal entities. Similarly, many international treaties do not apply 
to vessels of the Armed Forces either because vessels of the Armed 
Forces are entitled to sovereign immunity under international law or 
because any particular treaty may apply different approaches to the 
adoption of appropriate environmental control measures consistent with 
the objects and purposes of such treaties. The EPA and DoD incorporated 
any relevant information in the development of the proposed discharge 
standards after reviewing the requirements of the following treaties 
and domestic implementing legislation, as well as other relevant and 
potentially applicable U.S. environmental laws: International 
Convention for the Prevention of Pollution from Ships (also referred to 
as MARPOL); International Convention on the Control of Harmful Anti-
Fouling Systems on Ships; Act to Prevent Pollution from Ships; CWA 
section 311, as amended by the Oil Pollution Control Act of 1990; CWA 
section 402 and the National Pollutant Discharge Elimination System 
Vessel General Permit and small Vessel General Permit; Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA); Hazardous 
Materials Transportation Act; Title X of the Coast Guard Authorization 
Act of 2010; National Marine Sanctuaries Act; Antiquities Act of 1906; 
Resource Conservation and Recovery Act; Toxic Substances Control Act; 
and the St. Lawrence Seaway Regulations. The EPA and DoD invite comment 
on the application of the laws and international standards considered 
in the development of the proposed discharge performance standards.

E. Definitions

    The EPA and DoD propose adding UNDS definitions to 40 CFR part 
1700. Specifically, the proposal would establish new definitions or 
revise proposed definitions found in UNDS Phase II Batch One (79 FR 
6117, February 3, 2014) for the following terms: Bioaccumulative; 
Biodegradable; environmentally acceptable lubricants; Great Lakes; 
minimally-toxic; minimally-toxic soaps, cleaners, and detergents; not 
bioaccumulative; phosphate free soaps, cleaners, and detergents; and 
state. The EPA and DoD propose defining these terms in order to support 
the proposal of the discharge performance standards described in the 
following section. These definitions are intended to clarify, simplify, 
or improve understanding of the proposed discharge performance 
standards. Some of the definitions are slightly different from the 
definitions established under the NPDES VGPs in order to increase 
clarity and understanding. The EPA and DoD invite comment on these 
definitions as applied to the specific proposed discharge performance 
standards for vessels of the Armed Forces.

III. UNDS Discharge Analysis and Performance Standards

    This section describes the nature of the discharge, the 
environmental effects of the discharge, and the proposed discharge 
performance standards determined to be reasonable and practicable to 
mitigate the adverse impacts to the marine environment for the 11 
discharges. In developing these standards, the EPA and DoD considered 
the information from Phase I of UNDS, Phase II of UNDS, the NPDES VGPs 
effluent limitations, and the seven statutory factors listed in CWA 
section 312(n)(2)(B). For more information on each discharge included 
in this proposed rule, please see the Phase I Uniform National 
Discharge Standards for Vessels of the Armed Forces: Technical 
Development Document; EPA 821-R-99-001.
    The 11 proposed discharge performance standards described in each 
section below apply to vessels of the Armed Forces operating within 
waters subject to UNDS, except as otherwise expressly excluded in the 
``exceptions'' in 40 CFR 1700.39. In addition, if two or more regulated 
discharge streams are combined prior to discharge, then the resulting 
discharge would need to meet the discharge performance standards 
applicable to each of the discharges that are being combined (40 CFR 
1700.40). Furthermore, recordkeeping (40 CFR 1700.41) and non-
compliance reporting (40 CFR 1700.42) apply generally to each proposed 
discharge performance standard unless expressly provided in a 
particular discharge performance standard.

A. Catapult Water Brake Tank and Post-Launch Retraction Exhaust

1. Nature of Discharge
    Catapult water brake tank and post-launch retraction exhaust is the 
oily water skimmed from the water brake tank and the condensed steam 
discharged during catapult operations. Catapult water brakes stop the 
forward motion of an aircraft carrier catapult system used to launch 
various aircraft from Navy aircraft carriers. In waters subject to 
UNDS, the catapult water brake is primarily used for testing catapults 
on recently constructed aircraft carriers, following major drydock 
overhauls, or after major catapult modifications. Most flight 
operations occur outside of waters subject to UNDS. The catapult water 
brake tank serves as the water supply for the catapult water brake 
system. During each aircraft launch or test, lubricating oil is 
introduced to the catapult water brake tank by the catapult pistons; as 
the water is recirculated through the catapult water brake and the 
water brake tank, oil accumulates in the tank. The testing alone of the 
catapult water brake does not generate a sufficient accumulation of 
oily water in the catapult water brake tank to generate a discharge. 
However, during flight operations the oily water from the catapult 
water brake tank is discharged above the waterline.
    During the post-launch retraction of the catapult piston, the 
condensed

[[Page 69759]]

steam remaining in the power cylinder and a small amount of residual 
oil from the catapult cylinder are discharged overboard through the 
catapult exhaust piping. Catapult flight operations (including 
qualification and operational training) and testing both generate the 
post-launch retraction exhaust discharge.
    Only Navy aircraft carriers, which represent less than one percent 
of vessels of the Armed Forces, are likely to produce catapult water 
brake tank and post-launch retraction exhaust discharge.
    For more information regarding catapult water brake tank and post-
launch retraction exhaust discharge, please see the catapult water 
brake tank and post-launch retraction exhaust nature of the discharge 
report in Appendix A of the Technical Development Document--EPA 821-R-
99-001.
2. Environmental Effects
    The catapult water brake tank and post-launch retraction exhaust 
discharges could negatively impact receiving waters due to the presence 
of lubricating oil and small amounts of metals generated within the 
catapult system itself. Additionally, the post-launch retraction 
exhaust discharge contains oil and water (in the condensed steam), 
nitrogen (in the form of ammonia, nitrates and nitrites, and total 
nitrogen), and metals such as copper and nickel from the piping 
systems. Among the constituents, oil, copper, lead, nickel, nitrogen, 
ammonia, bis(2-ethylhexyl) phthalate, phosphorus, and benzidine could 
be present in concentrations that exceed the EPA recommended water 
quality criteria.
    Prohibiting the discharge of catapult water brake tank effluent and 
limiting the number of post-launch retraction exhaust discharges to 
only those required to support necessary testing and training 
operations would significantly limit the potential for release of the 
associated constituents of concern and protect the quality of the 
receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to prohibit the discharge of catapult water 
brake tank effluent and to minimize post-launch retraction exhaust 
discharges by limiting the number of launches required to test and 
validate the system and conduct qualification and operational training.

B. Controllable Pitch Propeller Hydraulic Fluid

1. Nature of Discharge
    Controllable pitch propeller (CPP) hydraulic fluid is the hydraulic 
fluid that discharges into the receiving waters from propeller seals as 
part of normal operation, and the hydraulic fluid released during 
routine maintenance of the propellers. CPPs are used to control a 
vessel's speed or direction while maintaining a constant propulsion 
plant output (i.e., varying the pitch or ``bite'' of the propeller 
blades without varying the propulsion shaft speed). High-pressure 
hydraulic oil is used throughout the CPP system of pumps, pistons, 
crossheads, and crank rings. The hydraulic fluid might be discharged 
into the surrounding water due to leaks associated with CPP seals and 
during routine maintenance or replacement of the propellers.
    Leakage through CPP seals is most likely to occur while the vessel 
is underway because the CPP system operates under higher pressure when 
underway than at pierside or at anchor. CPP assemblies are typically 
designed to operate at 400 pounds per square inch (psi) without 
leaking. Typical CPP internal 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 scheduled dry-dock cycles, and are inspected 
quarterly for damage or excessive wear. As a result of the hub design 
and frequent CPP seal inspections, leaks of hydraulic fluid from CPP 
hubs are expected to be negligible.
    CPP blade maintenance or replacement, which occurs in port on an 
as-needed basis when dry-docking is unavailable or impractical, also 
might result in the discharge of hydraulic fluid.
    U.S. Coast Guard patrol ships, Navy surface combatants and some 
amphibious support ships, and some Military Sealift Command auxiliary 
ships might produce this discharge. Those ships represent approximately 
five percent of the vessels of the Armed Forces.
    For more information regarding discharges from CPP systems, please 
see the CPP hydraulic fluid nature of the discharge report in Appendix 
A of the Technical Development Document-- EPA 821-R-99-001.
2. Environmental Effects
    The amount of hydraulic fluid released during underwater CPP 
maintenance could cause a sheen in the receiving waters. Constituents 
of the discharge include paraffins, olefins, and metals such as copper, 
aluminum, tin, nickel, and lead. Metal concentrations are expected to 
be insignificant because hydraulic fluid is not corrosive to metal 
piping, and the hydraulic fluid is continually filtered to protect 
against system failures. The use of shore facilities for CPP 
maintenance activities when possible would reduce the discharge of 
hydraulic fluid. The use of spill containment measures would minimize 
any adverse environmental effects, should the release of oil occur. 
Reducing the likelihood of discharge of CPP hydraulic fluid and the 
associated constituents of concern would protect the quality of the 
receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that the protective seals on 
CPPs be maintained in good operating order to minimize the leakage of 
hydraulic fluid. To the greatest extent practicable, maintenance 
activities on CPPs should be conducted when a vessel is in drydock. If 
maintenance and repair activities must occur when the vessel is not in 
drydock, appropriate spill response equipment (e.g., oil booms) must be 
used to contain and clean any oil leakage. The discharge of CPP 
hydraulic fluid must not contain oil in quantities that: Cause a film 
or sheen upon or discoloration of the surface of the water or adjoining 
shorelines; or cause a sludge or emulsion to be deposited beneath the 
surface of the water or upon adjoining shorelines; or contain an oil 
content above 15 parts per million (ppm) as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or otherwise are harmful to the 
public health or welfare of the United States.

C. Deck Runoff

1. Nature of Discharge
    Deck runoff is an intermittent discharge generated from 
precipitation, freshwater washdowns, wave action, or seawater spray 
falling on the weather deck or the flight deck that is discharged 
overboard through deck openings. Deck runoff contains any residues that 
may be present on the deck surface.
    Residues and contaminants present on the deck originate from 
topside equipment components as well as the varied activities that take 
place on the deck. Some or all of these pollutants can be introduced to 
the deck from shipboard activities, storage of material on the deck, 
maintenance activities, and

[[Page 69760]]

the decking material itself. Deck runoff has the potential to contain a 
variety of pollutants, including oil and grease, petroleum 
hydrocarbons, surfactants, soaps and detergents, glycols, solvents, and 
metals. Constituents and volumes of deck runoff vary widely depending 
on the purpose, service, and practices of the vessel.
    All vessels of the Armed Forces generate deck runoff and the 
discharge occurs whenever the deck surface is exposed to water. Only 
vessels of the Armed Forces that support flight operations have flight 
decks. The proposed standards distinguish between flight decks and 
other vessel decks.
    For more information regarding deck runoff, please see the deck 
runoff nature of the discharge report in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Deck runoff could negatively impact receiving waters due to the 
possible presence of oil and grease, petroleum hydrocarbons, 
surfactants, soaps and detergents, glycols, solvents, and metals. These 
constituents may be present in concentrations that could potentially 
contribute to an exceedance of the EPA recommended water quality 
criteria. Existing DoD management practices provide for the clean-up of 
oil and other substances spilled during routine maintenance. These 
practices reduce the environmental effects of the discharge. 
Prohibiting the washdown of flight decks and restricting the discharge 
of deck runoff and the associated constituents of concern would protect 
the quality of the receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that vessels prohibit flight 
deck washdowns and minimize deck washdowns while in port and in 
federally-protected-waters. Additionally, before deck washdowns occur, 
exposed decks must be broom cleaned and on-deck debris, garbage, paint 
chips, residues, and spills must be removed, collected, and disposed of 
onshore in accordance with any applicable solid waste or hazardous 
waste management and disposal requirements. If a deck washdown or above 
water line hull cleaning would create a discharge, the washdown or 
above water line cleaning must be conducted with minimally-toxic and 
phosphate free soaps, cleaners, and detergents. The use of soaps that 
are labeled as toxic is prohibited. All soaps and cleaners must be used 
as directed by the label. Furthermore, soaps, cleaners, and detergents 
should not be caustic and must be biodegradable. Where feasible, 
machinery on deck must have coamings or drip pans where necessary to 
collect any oily discharge that may leak from machinery and prevent 
spills. The drip pans must be drained to a waste container for proper 
disposal onshore in accordance with any applicable oil and hazardous 
substance management and disposal requirements. The presence of 
floating solids, visible foam, halogenated phenol compounds, and 
dispersants and surfactants in deck washdowns must be minimized. 
Topside surfaces and other above-water-line portions of the vessel must 
be well-maintained to minimize the discharge of rust and other 
corrosion by-products, cleaning compounds, paint chips, non-skid 
material fragments, and other materials associated with exterior 
topside surface preservation. Residual paint droplets entering the 
water must be minimized when conducting maintenance painting. The 
discharge of unused paint is prohibited. Paint chips and unused paint 
residues must be collected and disposed of onshore in accordance with 
applicable solid waste and hazardous substance management and disposal 
requirements. When vessels conduct underway fuel replenishment, 
scuppers must be plugged to prevent the discharge of oil. Any oil 
spilled must be cleaned, managed, and disposed of onshore in accordance 
with any applicable onshore oil and hazardous substance management and 
disposal requirements.

D. Firemain Systems

1. Nature of Discharge
    Firemain system discharges consist of the surrounding water pumped 
through the firemain system for testing, maintenance, and training, as 
well as secondary uses for the operation of certain vessel systems. 
Firemain systems are essential to the safety of a vessel and crew and 
therefore, require testing and maintenance. The firefighting equipment 
served by a vessel's firemain system includes fire hose stations, 
seawater sprinkling systems, and foam proportioning stations. Any foam 
discharges associated with firemain systems are not covered under this 
performance standard but would need to meet the requirements of 40 CFR 
1700.14 (aqueous film-forming foam). The secondary uses of wet firemain 
systems may include deck washdowns, cooling water for auxiliary 
machinery, eductors, ship stabilization and ballast tank filling, and 
flushing for urinals, commodes, firemain loop recirculation, and 
pulpers.
    Firemain systems for vessels of the Armed Forces fall into two 
categories: Wet and dry firemains. Wet firemains are continuously 
pressurized so that the system has the capacity to provide water 
immediately upon demand. Dry firemains are not charged with water and, 
as a result, do not supply water upon demand. Most Navy surface vessels 
operate wet firemains and most Military Sealift Command vessels, U.S. 
Coast Guard, and U.S. Army vessels use dry firemains.
    The firemain system includes all components between the fire pump 
suction sea chest and the cutout valves to the various services 
including sea chests, fire pumps, valves, piping, fire hoses, and heat 
exchangers. The water passed through the firemain system is drawn from 
the sea and returned to the sea by either discharge over the side from 
fire hoses or through submerged pipe outlets. The seawater discharged 
overboard from the firemain system can contain entrained or dissolved 
materials, principally metals, from natural degradation of the internal 
components of the firemain system itself. Some traces of oil or other 
lubricants may also enter the seawater from valves or pumps. If the 
firemain system is used for a secondary use and a performance standard 
does not exist for that secondary use, then the performance standard 
for the firemain system applies.
    Most vessels of the Armed Forces greater than or equal to 79 feet 
in length are expected to discharge from firemain systems. Most boats 
and service craft that are less than 79 feet in length do not generate 
firemain systems discharge because smaller boats and craft typically 
use portable fire pumps or fire extinguishers. Approximately 20 percent 
of vessels of the Armed Forces produce firemain systems discharge.
    For more information regarding firemain systems, please see the 
firemain systems nature of the discharge report in Appendix A of the 
Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Discharges from the firemain system could negatively impact 
receiving waters due to the possible presence of copper, zinc, nickel, 
aluminum, tin, silver, iron, titanium, and chromium. Many of these 
constituents can be traced to the corrosion and erosion of the firemain 
piping system, valves, or pumps. Consequently, when feasible, the 
maintenance and training discharges from the firemain should occur 
outside

[[Page 69761]]

of ports or other shallow waters. Restricting the discharge from 
firemain systems and the associated constituents of concern would 
protect the quality of the receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    Firemain systems may be discharged for testing and inspections of 
the firemain system. The EPA and DoD propose to require that to the 
greatest extent practicable, firemain system maintenance and training 
be conducted outside of port and as far away from shore as possible. In 
addition, firemain systems must not be discharged in federally-
protected waters except when needed to comply with anchor washdown 
requirements in Subpart 1700.16 (Chain locker effluent). Firemain 
systems may be used for secondary uses if the intake comes directly 
from the surrounding waters or potable water supplies.

E. Graywater

1. Nature of Discharge
    Graywater is galley, bath, and shower water, as well as wastewater 
from lavatory sinks, laundry, interior deck drains, water fountains, 
and shop sinks. On vessels of the Armed Forces, graywater is distinct 
from blackwater. Blackwater is the sewage generated by toilets and 
urinals and is regulated separately. Graywater discharges can contain 
oil and grease, detergent and soap residue, bacteria, pathogens, metals 
(e.g., cadmium, chromium, lead, copper, zinc, silver, nickel, and 
mercury), solids, and nutrients.
    Vessels of the Armed Forces have different methods for collecting 
and discharging graywater. Most vessels are designed to direct 
graywater to the vessel's sewage tanks while pierside for transfer to a 
shore-based treatment facility. These vessels are not generally 
designed to hold graywater for extended periods of time and must drain 
or pump their graywater overboard while operating away from the pier in 
order to preserve holding capacity for sewage tanks. Some vessels with 
either larger graywater holding capacity or U.S. Coast Guard-certified 
marine sanitation devices (MSDs) have the capacity to hold or treat 
graywater for longer periods of time.
    Approximately 20 percent of the vessels of the Armed Forces (i.e., 
aircraft carriers, surface combatants, amphibious support ships, 
submarines, patrol ships, and some auxiliary ships, boats, and service 
craft) generate graywater.
    For more information regarding graywater, please see the graywater 
nature of the discharge in Appendix A of the Technical Development 
Document--EPA 821-R-99-001.
2. Environmental Effects
    Graywater discharges may contain soaps and detergents; oil and 
grease from foods; food residue; nutrients and oxygen demand from food 
residues and detergents; hair; bleach and other cleaners and 
disinfectants; pathogens; and a variety of additional personal care 
products such as moisturizer, deodorant, perfume, and cosmetics. 
Graywater discharge could negatively impact receiving waters due to the 
possible presence of bacteria, pathogens, oil and grease, detergent and 
soap residue, metals (e.g., cadmium, chromium, lead, copper, zinc, 
silver, nickel, and mercury), solids, and nutrients (e.g., phosphates 
from the detergents). Of these constituents, the EPA and DoD have found 
ammonia, copper, lead, mercury, nickel, silver, and zinc in 
concentrations that may exceed the EPA recommended water quality 
criteria. Restricting the discharge of graywater and the associated 
constituents of concern would protect the quality of the receiving 
waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that large quantities of cooking 
oils (e.g., from deep fat fryers), including animal fats and vegetable 
oils, must not be added to graywater systems. The EPA and DoD further 
propose to require that the addition of smaller quantities of cooking 
oils (e.g., from pot and dish rinsing) to the graywater system must be 
minimized when the vessel is within three miles of shore. The EPA and 
DoD propose to require that graywater discharges must not contain oil 
in quantities that cause a film or sheen upon or discoloration of the 
surface of the water or adjoining shorelines; or cause a sludge or 
emulsion to be deposited beneath the surface of the water or upon 
adjoining shorelines; or contain an oil content above 15 ppm as 
measured by EPA Method 1664a or other appropriate method for 
determination of oil content as accepted by the International Maritime 
Organization (IMO) (e.g., ISO Method 9377) or U.S. Coast Guard; or 
otherwise are harmful to the public health or welfare of the United 
States. In addition, minimally-toxic soaps, cleaners and detergents and 
phosphate free soaps, cleaners, and detergents must be used in the 
galley, scullery, and laundry. These soaps, cleaners, and detergents 
should also be free from bioaccumulative compounds and not lead to 
extreme shifts in the receiving water pH (i.e., pH to fall below 6.0 or 
rise above 9.0).
    For vessels designed with the capacity to hold graywater, EPA and 
DoD propose to require that graywater must not be discharged in 
federally-protected waters or the Great Lakes. In addition, such 
vessels would be prohibited from discharging graywater within one mile 
of shore if an onshore facility is available and use of such a facility 
is reasonable and practicable. When an onshore facility is either not 
available or when use of such a facility is not reasonable and 
practicable, production and discharge of graywater must be minimized 
within one mile of shore.
    For vessels that do not have the capacity to hold graywater, EPA 
and DoD propose to require that graywater production must be minimized 
in federally-protected waters or the Great Lakes. In addition, such 
vessels would be prohibited from discharging graywater within one mile 
of shore if an onshore facility is available and use of such a facility 
is reasonable and practicable. When an onshore facility is either not 
available or use of such a facility is not reasonable and practicable, 
production and discharge of graywater must be minimized within one mile 
of shore.

F. Hull Coating Leachate

1. Nature of Discharge
    Hull coating leachate is defined as the constituents that leach, 
dissolve, ablate, or erode from the paint on the vessel hull into the 
surrounding seawater. Antifouling hull coatings are often used on 
vessel hulls to prevent or inhibit the attachment and growth of aquatic 
life or biofouling and contain biocides which are used to prevent 
biofouling growth on the hull by continuous leaching of biocides into 
the surrounding water. The primary biocide in most antifouling hull 
coatings is copper, although zinc is also used. Copper ablative 
coatings, which are designed to wear or ablate away as a result of 
water flow over a hull, and vinyl antifouling hull coatings, which 
release copper as a result of copper leaching and hydrolysis of rosin 
particles, are the most predominantly used copper-containing coatings. 
Tributyltin (TBT)-based coatings were historically used on vessel 
hulls; however, antifouling coatings with organotin (e.g., TBT) 
compounds used as active ingredients are no longer authorized for use 
in the United States and as such are no longer applied to vessels of 
the Armed Forces.

[[Page 69762]]

    Approximately 50 percent of the vessels of the Armed Forces use 
antifouling hull coatings and contribute to the hull coating leachate 
discharge when they are waterborne.
    For more information regarding hull coating leachate, please see 
the hull coating leachate nature of the discharge report in Appendix A 
of the Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    The discharge of hull coating leachate could negatively impact 
receiving waters due to the presence of copper and zinc that are used 
as biocides. While the rate at which the metals leach from coatings is 
relatively slow (4-17 micrograms per square centimeter-day ([mu]g/
cm\2\/day)), metal-leaching coatings can account for significant 
accumulations of metals in receiving waters of ports where numerous 
vessels are present. The adverse impact could be significant in waters 
already classified as impaired due to elevated metal levels, for 
example, copper. While the purpose of antifouling hull coatings is to 
prevent marine organisms from growing on the hull, an effective 
antifoulant should minimize the attachment and transport of non-
indigenous species, decrease fuel usage, and reduce gaseous emissions. 
Restricting the discharge of hull coating leachate and the associated 
constituents of concern would protect the quality of the receiving 
waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that antifouling hull coatings 
subject to FIFRA (7 U.S.C 136 et seq.) must be applied, maintained, and 
removed in a manner consistent with requirements on the coatings' FIFRA 
labels. The EPA and DoD also propose to prohibit the use of biocides or 
toxic materials banned for use in the United States (including those on 
EPA's List of Banned or Severely Restricted Pesticides). This proposed 
requirement would apply to all vessels, including vessels with a hull 
coating applied outside of the United States. Antifouling hull coatings 
must not contain TBT or other organotin compounds as a hull coating 
biocide. Antifouling hull coatings may contain small quantities of 
organotin compounds when the organotin is used as a chemical catalyst 
and is not present above 2,500 milligrams of total tin per kilogram of 
dry paint film. Also, any such antifouling hull coatings used must be 
designed to not slough or peel from the vessel hull. In addition, the 
proposed standard would encourage the use of non-biocidal alternatives 
to copper coatings to the greatest extent practicable. The EPA and DoD 
also recommend to the greatest extent practicable, the use of 
antifouling hull coatings with the lowest effective biocide release 
rates, rapidly biodegradable components (once separated from the hull 
surface), or use of non-biocidal alternatives, such as silicone 
coatings. Finally, to the greatest extent practicable, avoid the use of 
anti-fouling hull coatings on vessels that are regularly removed from 
the water and unlikely to accumulate hull growth.

G. Motor Gasoline and Compensating Discharge

1. Nature of Discharge
    Motor gasoline and compensating discharge is the seawater taken 
into, and discharged from, motor gasoline tanks to eliminate free space 
where vapors could accumulate. Seawater, which is less buoyant than 
gasoline, occupies the free space to prevent potentially explosive 
gasoline vapors from forming. The retained seawater is then discharged 
when the vessel refills the tanks with gasoline in port or when 
performing maintenance. Motor gasoline and compensating effluent is 
likely to contain residual oils and soluble traces of gasoline 
components and additives, as well as metals. Only U.S. Navy amphibious 
support ships, which represent less than one percent of the vessels of 
the Armed Forces, produce motor gasoline and compensating discharge.
    For more information regarding motor gasoline and compensating 
discharge, please see the motor gasoline and compensating discharge 
nature of the discharge in Appendix A of the Technical Development 
Document--EPA 821-R-99-001.
2. Environmental Effects
    Motor gasoline and compensating discharge could negatively impact 
receiving waters due to the presence of residual oil. The discharge may 
contain traces of gasoline constituents, which generally contain 
alkanes, alkenes, aromatics (e.g., benzene, toluene, ethylbenzene, 
phenol, and naphthalene), metals, and additives. Analyses of 
compensating discharge have shown that benzene, toluene, ethylbenzene, 
phenol, and naphthalene may exceed the EPA recommended water quality 
criteria. Restricting the discharge of motor gasoline and compensating 
discharge and the associated constituents of concern would protect the 
receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that the discharge of motor 
gasoline and compensating effluent must not contain oil in quantities 
that: Cause a film or sheen upon or discoloration of the surface of the 
water or adjoining shorelines; or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining 
shorelines; or contain an oil content above 15 ppm as measured by the 
EPA Method 1664a or other appropriate method for determination of oil 
content as accepted by the IMO (e.g., ISO Method 9377) or U.S. Coast 
Guard; or otherwise are harmful to the public health or welfare of the 
United States. In addition, if an oily sheen is observed, the EPA and 
DoD propose to require that any spill or overflow of oil must be 
cleaned up, recorded, and reported to the National Response Center 
immediately. The discharge of motor gasoline and compensating discharge 
must be minimized in port and is prohibited in federally-protected 
waters.

H. Sonar Dome Discharge

1. Nature of Discharge
    Sonar dome discharge occurs from the leaching of antifouling 
materials into the surrounding seawater and the release of seawater or 
freshwater retained within the sonar dome. Sonar domes are structures 
located on the hull of ships and submarines, used for the housing of 
electronic equipment for detection, navigation, and ranging. The shape 
and design pressure in sonar domes are maintained by filling them with 
water. Antifouling materials are used on the exterior of the sonar dome 
to prevent fouling which degrades sonar performance. Navy surface ship 
domes are made of rubber with an exterior layer that is impregnated 
with TBT. On submarines and Military Sealift Command surface ships, the 
sonar domes are made of steel or glass reinforced plastic and do not 
contain TBT but are covered with an antifouling coating.
    The discharge of the water from the interior of the sonar domes 
primarily occurs when the vessel is pierside and is intermittent 
depending on when the dome is emptied for maintenance. On average, 
sonar domes on surface vessels are emptied twice a year and sonar domes 
on submarines are emptied once a year. The discharge of sonar dome 
water can range between 300 gallons to 74,000 gallons depending on the 
size of the sonar dome and the type of maintenance event.

[[Page 69763]]

    Approximately ten percent of vessels of the Armed Forces generate 
sonar dome discharge. These vessel types include auxiliary ships, 
submarines, and surface combatants.
    For more information regarding sonar dome discharge, please see the 
sonar dome nature of the discharge report in Appendix A of the 
Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Sonar dome discharge could negatively impact receiving waters due 
to the possible presence of antifouling agents on the exterior rubber 
boots of the sonar dome, as well as from tin, zinc, copper, nickel, and 
epoxy paint from a sonar dome interior. The concentrations of some of 
these components are estimated to exceed the EPA recommended water 
quality criteria. Restricting the sonar dome discharge and the 
associated constituents of concern would protect the receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that the water inside the sonar 
dome not be discharged for maintenance activities unless the use of a 
drydock for the maintenance activity is not feasible. The water inside 
the sonar dome may be discharged for equalization of pressure between 
the interior and exterior of the dome. This would include the discharge 
of water required to protect the shape, integrity, and structure of the 
sonar dome due to internal and external pressures and forces. The EPA 
and DoD also propose to require that a biofouling chemical that is 
bioaccumulative should not be applied to the exterior of a sonar dome 
when a non-bioaccumulative alternative is available.

I. Submarine Bilgewater

1. Nature of Discharge
    Submarine bilgewater is the wastewater from a variety of sources 
that accumulates in the lowest part of the submarine (i.e., bilge). 
Submarine bilgewater consists of a mixture of discharges and leakage 
from a wide variety of sources (e.g., seawater accumulation, normal 
water leakage from machinery, and fresh water washdowns), and includes 
all the wastewater collected in the bilge compartment, oily waste 
holding tank, or any other oily water or holding tank. Consequently, 
the discharge can contain a variety of constituents including cleaning 
agents, solvents, fuel, lubricating oils, and hydraulic oils. 
Submarines have a drain system consisting of a series of oily bilge 
collecting tanks and a waste oil collecting tank or tank complex to 
collect oily wastewater. Discharges from these tanks occur from the 
bottom of the tank after gravity separation. Some submarines have 
baffles to enhance the separation of oil and water.
    Approximately one percent of the vessels of the Armed Forces are 
submarines and generate submarine bilgewater. Most submarines do not 
discharge bilgewater while in transit within waters subject to UNDS and 
instead hold and transfer submarine bilgewater to a shore-based 
facility. However, one class of submarines (SSN 688) discharges some of 
the water phase of the separated bilgewater collecting tank, as 
necessary.
    For more information regarding submarine bilgewater, please see the 
submarine bilgewater nature of the discharge report in the Technical 
Development Document--EPA-821-R-99-001.
2. Environmental Effects
    Submarine bilgewater discharge could negatively impact receiving 
waters due to the possible presence of oil and grease, volatile and 
semivolatile organic compounds, and metals. These constituents occur in 
cleaning agents, solvents, fuel, lubricating oils, and hydraulic oils 
used on submarines and may be present in concentrations that could 
contribute to an exceedance of the EPA recommended water quality 
criteria. Restricting the discharge of submarine bilgewater and the 
associated constituents of concern would help to protect the receiving 
waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that the discharge of submarine 
bilgewater must not contain oil in quantities that cause a film or 
sheen upon or discoloration of the surface of the water or adjoining 
shorelines; or cause a sludge or emulsion to be deposited beneath the 
surface of the water or upon adjoining shorelines; or contain an oil 
content above 15 ppm as measured by the EPA Method 1664a or other 
appropriate method for determination of oil content as accepted by the 
IMO (e.g., ISO Method 9377) or U.S. Coast Guard; or otherwise are 
harmful to the public health or welfare of the United States. In 
addition, the discharge of submarine bilgewater must not contain 
dispersants, detergents, emulsifiers, chemicals, or other substances to 
remove the appearance of a visible sheen. The proposed performance 
standard would not, however, prohibit the use of these materials in 
machinery spaces for the purposes of cleaning and maintenance 
activities associated with vessel equipment and structures. The 
discharge of submarine bilgewater also must only contain substances 
that are produced in the normal operation of a vessel. Oil solidifiers, 
flocculants, or other additives (excluding any dispersants or 
surfactants) may be used to enhance oil/water separation during 
processing in an oil-water separator only if such solidifiers, 
flocculants, or other additives are minimized in the discharge and do 
not alter the chemical composition of the oils in the discharge. 
Solidifiers, flocculants, or other additives must not be directly 
added, or otherwise combined with, the water in the bilge.
    The EPA and DoD propose to require that submarine bilgewater 
discharges must not occur while the submarine is in port, when the port 
has the capability to collect and transfer the bilgewater to an onshore 
facility. If the submarine is not in port, then any such discharge must 
be minimized and discharged as far from shore as technologically 
feasible. The EPA and DoD also propose to require that submarine 
bilgewater discharges be minimized in federally-protected waters. 
Finally, submarines would need to employ management practices to 
minimize leakage of oil and other harmful pollutants into the bilge.

J. Surface Vessel Bilgewater/Oil-Water Separator Effluent (OWSE)

1. Nature of Discharge
    Surface vessel bilgewater is the wastewater from a variety of 
sources that accumulates in the lowest part of the vessel (the bilge) 
and the oil-water separator effluent is produced when the wastewater is 
processed by an oil-water separator. Bilgewater consists of water and 
other residue that accumulates in a compartment of the vessel's hull or 
is collected in the oily waste holding tank or any other oily water 
holding tank. The primary sources of drainage into the bilge are the 
main engine room(s) and auxiliary machinery room(s), which house the 
vessel's propulsion system and auxiliary systems (i.e., steam boilers 
and water purification systems), respectively.
    The composition of bilgewater varies from vessel-to-vessel and from 
day-to-day on the same vessel. The propulsion and auxiliary systems use 
fuels, lubricants, hydraulic fluid, antifreeze, solvents, and cleaning 
chemicals as part of routine operation and maintenance. Small 
quantities of these materials enter

[[Page 69764]]

the bilge as leaks and spills in the engineering spaces. Bilgewater 
generation rates vary by vessel and by vessel class because of the 
differences in vessel age, shipboard equipment (e.g., type of 
propulsion system), operations, whether the vessel segregates its non-
oily wastewater from the bilge, and other procedures.
    Approximately 75 percent of vessels of the Armed Forces generate 
surface vessel bilgewater/oil-water separator effluent; submarines and 
some of the smaller boats and service craft do not generate surface 
vessel bilgewater discharge/oil-water separator effluent. Oil-water 
separator systems are installed on most vessels of the Armed Forces to 
collect the waste oil for onshore disposal. Some smaller vessels are 
not outfitted with oil-water separator systems; thus, bilgewater is 
stored for onshore disposal.
    For more information regarding surface vessel bilgewater/oil-water 
separator effluent, please see the surface vessel bilgewater/oil-water 
separator nature of the discharge report in Appendix A of the Technical 
Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Surface vessel bilgewater/oil-water separator effluent could 
negatively impact receiving waters due to the possible presence of oil 
and grease, volatile and semivolatile organic compounds, and metals. 
These constituents exist in cleaning agents, solvents, fuel, 
lubricating oils, and hydraulic oils and may be present in 
concentrations that could potentially contribute to an exceedance of 
the EPA recommended water quality criteria. Restricting the discharge 
of surface vessel bilgewater/oil-water separator effluent and the 
associated constituents of concern would protect the receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that surface vessels equipped 
with an oil-water separator must not discharge bilgewater and must only 
discharge oil-water separator effluent through an oil-content monitor. 
All surface vessels greater than 400 gross tons must be equipped with 
an oil-water separator. If measurements for gross tonnage are not 
available for a particular vessel, full displacement measurements may 
be used instead. The EPA and DoD also propose to require that the 
discharge of oil-water separator effluent not occur in port if the port 
has the capability to collect and transfer oil-water separator effluent 
to an onshore facility. In addition, the discharge of oil-water 
separator effluent must be minimized within one mile of shore, must 
occur at speeds greater than six knots if the vessel is underway, and 
must be minimized in federally-protected waters.
    For surface vessels not equipped with an oil-water separator, the 
EPA and DoD propose to require that bilgewater must not be discharged 
if the vessel has the capability to collect, hold, and transfer to an 
onshore facility.
    In addition, the discharge of bilgewater/oil-water separator 
effluent must not contain dispersants, detergents, emulsifiers, 
chemicals, or other substances to remove the appearance of a visible 
sheen. The proposed performance standard would not, however, prohibit 
the use of these materials in machinery spaces for the purposes of 
cleaning and maintenance activities associated with vessel equipment 
and structures. The discharge of bilgewater/oil-water separator 
effluent must contain substances that are produced in the normal 
operation of a vessel. For the discharge of oil-water separator 
effluent, oil solidifiers, flocculants or other additives (excluding 
any dispersants or surfactants) may be used to enhance oil/water 
separation during processing only if such solidifiers, flocculants, or 
other additives are minimized and do not alter the chemical composition 
of the oils in the discharge. Solidifiers, flocculants, or other 
additives must not be directly added, or otherwise combined with, the 
water in the bilge.
    The discharge of surface vessel bilgewater/oil-water separator 
effluent must not contain oil in quantities that cause a film or sheen 
upon or discoloration of the surface of the water or adjoining 
shorelines; or cause a sludge or emulsion to be deposited beneath the 
surface of the water or upon adjoining shorelines; or contain an oil 
content above 15 ppm as measured by the EPA Method 1664a or other 
appropriate method for determination of oil content as accepted by the 
International Maritime Organization (IMO) (e.g., ISO Method 9377) or 
U.S. Coast Guard; or otherwise are harmful to the public health or 
welfare of the United States.
    When a visible sheen is observed as a result of a surface vessel 
bilgewater/oil-water separator effluent discharge, the discharge must 
be suspended immediately until the problem is corrected. Any spill or 
overflow of oil or other engine fluids must be cleaned up, recorded, 
and reported immediately to the National Response Center. The surface 
vessel must also employ management practices to minimize leakage of oil 
and other harmful pollutants into the bilge. Such practices may include 
regular inspection and maintenance of equipment and remediation of oil 
spills or overflows into the bilge using oil-absorbent or other spill 
clean-up materials.

K. Underwater Ship Husbandry

1. Nature of Discharge
    Underwater ship husbandry discharges occur during the inspection, 
maintenance, cleaning, and repair of hulls and hull appendages while a 
vessel is waterborne. Underwater ship husbandry includes activities 
such as hull cleaning, fiberglass repair, welding, sonar dome repair, 
propeller lay-up, non-destructive testing/inspections, masker belt 
repairs, and painting operations. Underwater ship husbandry operations 
are normally conducted pierside, and could result in the release of 
metals (copper or zinc) or the introduction of non-indigenous species.
    All vessels of the Armed Forces greater than or equal to 79 feet in 
length and some boats and service craft less than 79 feet in length, 
comprising 60 percent of the vessels, are expected to generate 
underwater ship husbandry discharge. While underwater ship husbandry 
discharges occur during the maintenance of all classes of vessels, many 
vessels less than 79 feet in length are regularly pulled from the water 
for hull maintenance or stored on land.
    For more information regarding underwater ship husbandry, please 
see the underwater ship husbandry nature of the discharge report in 
Appendix A of the Technical Development Document--EPA 821-R-99-001.
2. Environmental Effects
    Underwater ship husbandry could negatively impact receiving waters 
due to the possible presence of metals and non-indigenous species. With 
the exception of underwater hull cleaning, other underwater ship 
husbandry discharges have a low potential for causing an adverse 
environmental effect. Metals, such as copper and zinc from antifouling 
coatings, are released during underwater hull cleaning in 
concentrations that have the potential to cause an adverse 
environmental effect and could contribute to an exceedance of the EPA 
recommended water quality criteria. The potential also exists for 
release of non-indigenous species during hull cleaning. Restricting the 
discharge from underwater ship husbandry activities and the associated

[[Page 69765]]

constituents of concern would protect the receiving waters.
3. Selection of Marine Pollution Control Device Performance Standard
    The EPA and DoD propose to require that to the greatest extent 
practicable, vessel hulls with antifouling hull coatings must not be 
cleaned within 90 days after the antifouling coating application. 
Vessel hulls must be inspected, maintained, and cleaned to minimize the 
removal and discharge of antifouling hull coatings and transport of 
fouling organisms. To the greatest extent practicable, rigorous vessel 
hull cleanings must take place in drydock or at a land-based facility 
where the removed fouling organisms or spent antifouling hull coatings 
can be disposed of onshore in accordance with any applicable solid 
waste or hazardous substance management and disposal requirements. The 
proposed performance standard would also require that vessel hull 
cleanings be conducted in a manner that minimizes the release of 
antifouling hull coatings and fouling organisms (e.g., less abrasive 
techniques and softer brushes to the greatest extent practicable). 
Vessel hull cleanings must also adhere to any applicable cleaning 
requirements found on the coatings' FIFRA label. For vessels less than 
79 feet in length, the proposed standard would require inspection of 
vessels before overland transport to a different body of water to 
control invasive species. For vessels greater than 79 feet in length, 
the proposed standard would require that to the greatest extent 
practicable, vessel hulls with a copper-based antifouling coating must 
not be cleaned within 365 days after the antifouling coating 
application.

IV. Additional Information of the Proposed Rule

    This section provides an overview of the additional amendments 
proposed for 40 CFR part 1700. These proposed changes include the 
reservation of sections for the remaining discharge standards.
1. Reservation of Sections
    As noted previously, the EPA and DoD are proposing the Phase II 
standards in three batches. For the purpose of proposing the remaining 
batches, the proposal reserves the following sections for those future 
rulemaking actions:

Section 1700.17 Clean Ballast;
Section 1700.18 Compensated Fuel Ballast;
Section 1700.21 Dirty Ballast

V. Related Acts of Congress and Executive Orders

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden, 
as the EPA and DoD have determined that Phase II of UNDS does not 
create any additional collection of information beyond that already 
mandated under the Phase I of UNDS. The Office of Management and Budget 
(OMB) has previously approved the information collection requirements 
contained in the existing regulations (40 CFR part 1700) under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2040-0187. The OMB control numbers for 
the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    We certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action implements mandates specifically and 
explicitly set forth in CWA section 312 without the exercise of any 
policy discretion by EPA.

E. Executive Order 13132: Federalism

    The EPA and DoD concluded that the proposed rule, once finalized in 
Phase III, will have federalism implications. Once the proposed 
discharge performance standards are promulgated in Phase III by DoD, 
adoption and enforcement of new or existing state or local regulations 
for the discharges will be preempted.
    Accordingly, the EPA and DoD provide the following federalism 
summary impact statement. During Phase I of UNDS, the EPA and DoD 
conducted two rounds of consultation meetings (i.e., outreach 
briefings) to allow states and local officials to have meaningful and 
timely input into the development of the rulemaking. Twenty-two states 
accepted the offer to be briefed on UNDS and discuss state concerns. 
The EPA and DoD provided clarification on the technical aspects of the 
UNDS process, including preliminary discharge determinations and 
analytical information supporting decisions to control or not control 
discharges. State representatives were provided with discharge 
summaries containing the description, analysis, and preliminary 
determination of each of the 39 discharges from vessels of the Armed 
Forces--25 of which were determined to require control.
    During Phase II, the EPA and DoD consulted again with state 
representatives early in the process of developing the proposed 
regulation. On March 9, 2016, the EPA held a Federalism consultation in 
Washington, DC, and invited representatives from states and political 
subdivisions of states in order to obtain meaningful and timely input 
in the development of the proposed discharge standards. The EPA and DoD 
informed the state representatives that the two agencies planned to use 
the NPDES VGPs effluent limitations as a baseline for developing the 
proposed discharge performance standards for the 25 discharges 
identified in Phase I as requiring control. During the Federalism 
consultation period, the EPA and DoD did not receive any substantive 
comments from state and local government entities.

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

    This action does not have tribal implication as specified in 
Executive Order 13175. The UNDS rulemaking will not impact vessels 
operated by tribes because the rule only regulates discharges from 
vessels of the Armed Forces. However, tribes may be interested in this 
action because vessels of the Armed Forces, including U.S. Coast Guard 
vessels, may operate in or near tribal waters. The EPA hosted a 
National Teleconference on March 23, 2016, in order to obtain 
meaningful and timely input during the development of the proposed 
discharge standards. The EPA and DoD informed the representatives that 
the two agencies planned to use the NPDES VGPs effluent limitations as 
a baseline for developing the discharge performance standards for the 
25 discharges identified in Phase I as requiring

[[Page 69766]]

control. During the Tribal consultation period, the EPA and DoD did not 
receive any substantive comments from the Indian Tribal Governments.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA and DoD do not believe the environmental health or 
safety risks addressed by this action present a disproportionate risk 
to children. The 11 proposed discharge standards are designed to 
control discharges incidental to the normal operation of a vessel of 
the Armed Forces that could adversely affect human health and the 
environment. The standards reduce the impacts to the receiving waters 
and any person using the receiving waters, regardless of age.

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

    This action is not subject to Executive Order 1321, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This action involves technical standards. The EPA and DoD propose 
to use ISO Method 9377--determination of hydrocarbon oil index. ISO 
Method 9377 is a voluntary consensus standard developed by an 
independent, non-governmental international organization.

J. Executive Order 13112: Invasive Species

    Executive Order 13112, entitled ``Invasive Species'' (64 FR 6183, 
February 8, 1999), requires each federal agency, whose actions may 
affect the status of invasive species, to identify such actions, and, 
subject to the availability of appropriations, use relevant programs 
and authorities to, among other things, prevent, detect, control, and 
monitor the introduction of invasive species. As defined by this 
Executive Order, ``invasive species'' means an alien species whose 
introduction causes, or is likely to cause, economic or environmental 
harm or harm to human health.
    As part of the environmental effects analyses, the EPA and DoD 
considered the control of invasive species when developing the proposed 
discharge performance standards for all 11 discharges (See Section II). 
For example, the underwater ship husbandry discharge performance 
standard requires the inspection of all vessels under 79 feet in length 
for the detection and removal of invasive species prior to transport 
overland from one body of water to another. This requirement as well as 
others within the proposed discharge standards would help to prevent or 
control the introduction of invasive species into the receiving waters.

K. Executive Order 13089: Coral Reef Protection

    Executive Order 13089, entitled ``Coral Reef Protection'' (63 FR 
32701, June 16, 1998), requires all federal agencies to identify 
actions that may affect U.S. coral reef ecosystems; utilize their 
programs and authorities to protect the conditions of such ecosystems; 
and to the extent permitted by law, ensure that any actions they 
authorize, fund, or carry out will not degrade the conditions of such 
ecosystems. The proposed discharge standards are designed to control or 
eliminate the discharges incidental to the normal operation of vessels 
of the Armed Forces, ultimately minimizing the potential for causing 
adverse impacts to the marine environment including coral reefs.

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

    The EPA and DoD believe that this action does not have 
disproportionately high and adverse human health or environmental 
effects on minority populations, low-income populations and/or 
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, 
February, 16, 1994). The proposed discharge performance standards only 
apply to vessels of the Armed Forces and ultimately increase 
environmental protection.

VI. Appendix A--Description of Vessels of the Armed Forces

[[Page 69767]]

[GRAPHIC] [TIFF OMITTED] TP07OC16.006

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

[[Page 69768]]

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

List of Subjects in 40 CFR Part 1700

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

    Dated: September 16, 2016.
Gina McCarthy,
Administrator, Environmental Protection Agency.
    Dated: September 26, 2016.
Dennis McGinn,
Assistant Secretary of the Navy, Energy, Installations, and 
Environment.

    For the reasons stated in the preamble, title 40, chapter VII, of 
the Code of Federal Regulations is proposed to be amended as follows:

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

0
1. The authority citation for 40 CFR part 1700 continues to read as 
follows:

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

Subpart A--Scope

0
2. Section 1700.3 is amended by adding in alphabetical order 
definitions for ``Bioaccumulative'', ``Biodegradable'', 
``Environmentally acceptable lubricants'', ``Great Lakes'', 
``Minimally-toxic'', ``Minimally-toxic soaps, cleaners, and 
detergents'', ``Not bioaccumulative'', ``Phosphate free soaps, 
cleaners, and detergents'', and ``State'' to read as follows:


Sec.  1700.3  Definitions.

* * * * *
    Bioaccumulative means the opposite of not bioaccumulative.
    Biodegradable means the following for purposes of the standards:
    (1) Regarding environmentally acceptable lubricants and greases, 
biodegradable means lubricant formulations that contain at least 90% 
(weight in weight concentration or w/w) or grease formulations that 
contain at least 75% (w/w) of a constituent substance or constituent 
substances (only stated substances present above 0.10% must be 
assessed) that each demonstrate either the removal of at least 70% of 
dissolved organic carbon, production of at least 60% of the theoretical 
carbon dioxide, or consumption of at least 60% of the theoretical 
oxygen demand within 28 days. Test methods include: Organization for 
Economic Co-operation and Development Test Guidelines 301 A-F, 306, and 
310, ASTM 5864, ASTM D-7373, OCSPP Harmonized Guideline 835.3110, and 
International Organization for Standardization 14593:1999. For 
lubricant formulations, the 10% (w/w) of the formulation that need not 
meet the above biodegradability requirements, up to 5% (w/w) may be 
non-biodegradable, but not bioaccumulative, while the remaining 5-10% 
must be inherently biodegradable. For grease formulations, the 25% (w/
w) of the formulation that need not meet the above biodegradability 
requirement, the constituent substances may be either inherently 
biodegradable or non-biodegradable, but may not be bioaccumulative. 
Test methods to demonstrate inherent biodegradability include: OECD 
Test Guidelines 302C (>70% biodegradation after 28 days) or OECD Test 
Guidelines 301 A-F (>20% but <60% biodegradation after 28 days).
    (2) Regarding cleaning products, biodegradable means products that 
demonstrate either the removal of at least 70% of dissolved organic 
carbon, production of at least 60% of the theoretical carbon dioxide, 
or consumption of at least 60% of the theoretical oxygen demand within 
28 days. Test methods include: Organization for Economic Cooperation 
and Development Test Guidelines 301 A-F, 306, and 310, and 
International organization for Standardization 14593:1999.
    (3) Regarding biocidal substances, biodegradable means a compound 
or mixture that yields 60% of theoretical maximum carbon dioxide and 
demonstrate a removal of at least 70% of dissolved organic carbon 
within 28 days as described in EPA 712-C-98-075 (OPPTS 835.3100 Aerobic 
Aquatic Biodegradation).
* * * * *
    Environmentally acceptable lubricants means lubricants that are 
biodegradable, minimally-toxic, and not bioaccumulative as defined in 
this subpart. The following labeling programs and organizations meet 
the definition of being environmentally acceptable lubricants: Blue 
Angel, European Ecolabel, Nordic Swan, the Swedish Standards SS 155434 
and 155470, Safer Choice, and the Convention for the Protection of the 
Marine Environment of the North-East Atlantic (OSPAR) requirements.
* * * * *
    Great Lakes means waters of the United States extending to the 
international maritime boundary with Canada in Lake Ontario, Lake Erie, 
Lake Huron (including Lake St. Clair), Lake Michigan, and Lake 
Superior, and the connecting channels (Saint Mary's River, Saint Clair 
River, Detroit River, Niagara River, and Saint Lawrence River to the 
international maritime boundary with Canada).
* * * * *
    Minimally-toxic means a substance must pass either OECD 201, 202, 
and 203 for acute toxicity testing, or OECD 210 and 211 for chronic 
toxicity testing. For purposes of the standards, equivalent toxicity 
data for marine species, including methods ISO/DIS 10253 for algae, ISO 
TC147/SC5/W62 for crustacean, and OSPAR 2005 for fish, may be 
substituted for OECD 201, 202, and 203. If a substance is evaluated for 
the formulation and main constituents, the LC50 of fluids must be at 
least 100 mg/L and the LC50 of greases, two-stroke oils, and all other

[[Page 69769]]

total loss lubricants must be at least 1000 mg/L. If a substance is 
evaluated for each constituent substance, rather than the complete 
formulation and main compounds, then constituents comprising less than 
20% of fluids can have an LC50 between 10-100 mg/L or a no-observed-
effect concentration (NOEC) between 1-10 mg/L, constituents comprising 
less than 5% of fluids can have an LC50 between 1-10 mg/L or a NOEC 
between 0.1-1 mg/L, and constituents comprising less than 1% of fluids, 
can have an LC50 less than 1 mg/L or a NOEC between 0-0.1 mg/L.
    Minimally-toxic soaps, cleaners, and detergents means any substance 
or mixture of substances which has an acute aquatic toxicity value 
(LC50) corresponding to a concentration greater than 10 ppm and does 
not produce byproducts with an acute aquatic toxicity value (LC50) 
corresponding to a concentration less than 10 ppm. Minimally-toxic 
soaps, cleaners, and detergents typically contain little to no 
nonylphenols.
* * * * *
    Not bioaccumulative means any of following: the partition 
coefficient in the marine environment is log Kow <3 or >7 using test 
methods OECD 117 and 107; molecular mass > 800 Daltons; molecular 
diameter > 1.5 nanometer; bioconcentration factor (BCF) or 
bioaccumulation factor (BAF) is < 100 L/kg, using OECD 305, OCSPP 
850.1710, OCSPP 850.1730, or a field-measured BAF; or polymer with 
molecular weight fraction below 1,000 g/mol is <1%.
* * * * *
    Phosphate free soaps, cleaners, and detergents means any substance 
or mixture of substances which contain, by weight, 0.5% or less of 
phosphates or derivatives of phosphates.
    State means a state, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands.
* * * * *
0
3. Revise subpart D to read as follows:
Subpart D--Marine Pollution Control Device (MPCD) Performance Standards
Sec.
1700.14 [Reserved]
1700.15 Catapult water brake tank and post launch retraction 
exhaust.
1700.16 through 1700.18 [Reserved]
1700.19 Controllable pitch propeller hydraulic fluid.
1700.20 Deck runoff.
1700.21 through 1700.23 [Reserved]
1700.24 Firemain systems.
1700.25 [Reserved].
1700.26 Graywater.
1700.27 Hull coating leachate.
1700.28 Motor gasoline and compensating discharge.
1700.29 through 1700.33 [Reserved]
1700.34 Sonar dome discharge.
1700.35 Submarine bilgewater.
1700.36 Surface vessel bilgewater/oil-water separator effluent.
1700.37 Underwater ship husbandry.
1700.38 through 1700.42 [Reserved]

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


Sec.  1700.14  [Reserved]


Sec.  1700.15  Catapult water brake tank & post-launch retraction 
exhaust.

    (a) Discharges of catapult water brake tank effluent are 
prohibited.
    (b) The number of post-launch retractions must be limited to the 
minimum number required to test and validate the system and conduct 
qualification and operational training.


Sec.  1700.16 through 1700.18  [Reserved]


Sec.  1700.19  Controllable pitch propeller hydraulic fluid.

    (a) The protective seals on controllable pitch propellers must be 
maintained to minimize the leaking of hydraulic fluid.
    (b) To the greatest extent practicable, maintenance activities on 
controllable pitch propellers must be conducted when a vessel is in 
drydock. If maintenance and repair activities must occur when the 
vessel is not in drydock, appropriate spill response equipment (e.g., 
oil booms) must be used to contain and clean any oil leakage.
    (c) The discharge of controllable pitch propeller hydraulic fluid 
must not contain oil in quantities that:
    (1) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines; or
    (2) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shorelines; or
    (3) Contain an oil content above 15 ppm as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or
    (4) Otherwise are harmful to the public health or welfare of the 
United States.


Sec.  1700.20  Deck runoff.

    (a) Flight deck washdowns are prohibited.
    (b) Minimize deck washdowns while in port and in federally-
protected waters.
    (c) Prior to performing a deck washdown, exposed decks must be 
broom cleaned and on-deck debris, garbage, paint chips, residues, and 
spills must be removed, collected, and disposed of onshore in 
accordance with any applicable solid waste or hazardous substance 
management and disposal requirements.
    (d) If a deck washdown or above water line hull cleaning will 
result in a discharge, it must be conducted with minimally-toxic and 
phosphate free soaps, cleaners, and detergents. The use of soaps that 
are labeled toxic is prohibited. Furthermore, soaps, cleaners, and 
detergents should not be caustic and must be biodegradable. All soaps 
and cleaners must be used as directed by the label.
    (e) Where feasible, machinery on deck must have coamings or drip 
pans, where necessary, to prevent spills and collect any oily discharge 
that may leak from machinery. The drip pans must be drained to a waste 
container for disposal onshore in accordance with any applicable oil 
and hazardous substance management and disposal requirements. The 
presence of floating solids, visible foam, halogenated phenol 
compounds, dispersants, and surfactants in deck washdowns must be 
minimized.
    (f) Topside surfaces and other above water line portions of the 
vessel must be well maintained to minimize the discharge of rust (and 
other corrosion by-products), cleaning compounds, paint chips, non-skid 
material fragments, and other materials associated with exterior 
topside surface preservation. Residual paint droplets entering the 
water must be minimized when conducting maintenance painting. The 
discharge of unused paint is prohibited. Paint chips and unused paint 
residues must be collected and disposed of onshore in accordance with 
any applicable solid waste and hazardous substance management and 
disposal requirements.
    (g) When vessels conduct underway fuel replenishment, scuppers must 
be plugged to prevent the discharge of oil. Any oil spilled must be 
cleaned, managed, and disposed of onshore in accordance with any 
applicable oil and hazardous substance management and disposal 
requirements.


Sec.  1700.21 through 1700.23  [Reserved]


Sec.  1700.24  Firemain systems

    (a) Firemain systems may be discharged for testing and inspections 
of the firemain system. To the greatest extent practicable, conduct 
maintenance and training outside of port and as far away from shore as 
possible. Firemain systems may be discharged in port for certification, 
maintenance, and training

[[Page 69770]]

requirements if the intake comes directly from the surrounding waters 
or potable water supplies and there are no additions (e.g., aqueous 
film-forming foam) to the discharge.
    (b) Firemain systems must not be discharged in federally-protected 
waters except when needed to washdown the anchor chain to comply with 
anchor washdown requirements in Sec.  1700.16.
    (c) Firemain systems may be used for secondary uses if the intake 
comes directly from the surrounding waters or potable water supplies.


Sec.  1700.25  [Reserved]


Sec.  1700.26  Graywater.

    (a) For discharges from vessels that have the capacity to hold 
graywater:
    (1) Graywater must not be discharged in federally-protected waters 
or the Great Lakes.
    (2) Graywater must not be discharged within one mile of shore if an 
onshore facility is available and disposal at such a facility is 
reasonable and practicable.
    (3) Production and discharge of graywater must be minimized within 
one mile of shore when an onshore facility is either not available or 
use of such a facility is not reasonable and practicable.
    (b) For discharges from vessels that do not have the capacity to 
hold graywater:
    (1) Production and discharge of graywater must be minimized in 
federally-protected waters or the Great Lakes.
    (2) Graywater must not be discharged within one mile of shore if an 
onshore facility is available and disposal at such a facility is 
reasonable and practicable.
    (3) Production and discharge of graywater must be minimized within 
one mile of shore when an onshore facility is either not available or 
use of such a facility is not reasonable and practicable.
    (c) Large quantities of cooking oils (e.g., from a deep fat fryer), 
including animal fats and vegetable oils, must not be added to the 
graywater system. Small quantities of cooking oils (e.g., from pot and 
dish rinsing) must be minimized if added to the graywater system within 
three miles of shore.
    (d) Minimally-toxic soaps, cleaners, and detergents and phosphate 
free soaps, cleaners, and detergents must be used in the galley, 
scullery, and laundry. These soaps, cleaners, and detergents should 
also be free from bioaccumulative compounds and not lead to extreme 
shifts in the receiving water pH. For purposes of this subparagraph, 
extreme shifts means causing the receiving water pH to fall below 6.0 
or rise above 9.0 as a direct result of the discharge.
    (e) The discharge of graywater must not contain oil in quantities 
that:
    (1) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines; or
    (2) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shorelines; or
    (3) Contain an oil content above 15 ppm as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or
    (4) Otherwise are harmful to the public health or welfare of the 
United States.


Sec.  1700.27  Hull coating leachate.

    (a) Antifouling hull coatings subject to registration under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C 
136 et seq.) must be applied, maintained, and removed in a manner 
consistent with requirements on the coatings' FIFRA label.
    (b) Antifouling hull coatings not subject to FIFRA registration 
(i.e., exempt or not produced for sale and distribution in the United 
States) must not contain any biocides or toxic materials banned for use 
in the United States (including those on EPA's List of Banned or 
Severely Restricted Pesticides). This performance standard applies to 
all vessels, including vessels with a hull coating applied outside the 
United States.
    (c) Antifouling hull coatings must not contain tributyltin (TBT).
    (d) Antifouling hull coatings must not contain any organotin 
compounds when the organotin is used as a biocide. Antifouling hull 
coatings may contain small quantities of organotin compounds other than 
TBT (e.g., dibutyltin) when the organotin is acting as a chemical 
catalyst and not present above 2,500 milligrams total tin per kilogram 
of dry paint film. In addition, any such antifouling hull coatings must 
be designed to not slough or peel from the vessel hull.
    (e) Antifouling hull coatings that contain TBT or other organotin 
compounds that are used as a biocide must be removed or an overcoat 
must be applied.
    (f) Incidental amounts of antifouling hull coating discharged after 
contact with other hard surfaces (e.g., moorings) are permissible.
    (g) To the greatest extent practicable, use non-copper based and 
less toxic antifouling hull coatings. To the greatest extent 
practicable, use antifouling hull coatings with the lowest effective 
biocide release rates, rapidly biodegradable components (once separated 
from the hull surface), or use non-biocidal alternatives, such as 
silicone coatings.
    (h) To the greatest extent practicable, avoid use of antifouling 
hull coatings on vessels that are regularly removed from the water and 
unlikely to accumulate hull growth.


Sec.  1700.28  Motor gasoline and compensating discharge.

    (a) The discharge of motor gasoline and compensating effluent must 
not contain oil in quantities that:
    (1) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines; or
    (2) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shorelines; or
    (3) Contain an oil content above 15 ppm as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or
    (4) Otherwise are harmful to the public health or welfare of the 
United States.
    (b) The discharge of motor gasoline and compensating effluent must 
be minimized in port. If an oily sheen is observed, any spill or 
overflow of oil must be cleaned up, recorded, and reported to the 
National Response Center immediately.
    (c) The discharge of motor gasoline and compensating effluent is 
prohibited in federally-protected waters.


Sec.  1700.29 through 1700.33  [Reserved]


Sec.  1700.34  Sonar dome discharge.

    (a) The water inside the sonar dome must not be discharged for 
maintenance activities unless the use of a drydock for the maintenance 
activity is not feasible.
    (b) The water inside the sonar dome may be discharged for 
equalization of pressure between the interior and exterior of the dome.
    (c) A biofouling chemical that is bioaccumulative should not be 
applied to the exterior of a sonar dome when a non-bioaccumulative 
alternative is available.


Sec.  1700.35  Submarine bilgewater.

    The discharge of submarine bilgewater:
    (a) Must not contain oil in quantities that:
    (1) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines; or
    (2) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shorelines; or

[[Page 69771]]

    (3) Contain an oil content above 15 ppm as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or
    (4) Otherwise are harmful to the public health or welfare of the 
United States.
    (b) Must not contain dispersants, detergents, emulsifiers, 
chemicals, or other substances to remove the appearance of a visible 
sheen. This performance standard does not prohibit the use of these 
materials in machinery spaces for the purposes of cleaning and 
maintenance activities associated with vessel equipment and structures.
    (c) Must only contain substances that are produced in the normal 
operation of a vessel. Oil solidifiers, flocculants or other additives 
(excluding any dispersants or surfactants) may be used to enhance oil-
water separation during processing in an oil-water separator only if 
such solidifiers, flocculants, or other additives are minimized in the 
discharge and do not alter the chemical make-up of the oils being 
discharged. Solidifiers, flocculants, or other additives must not be 
directly added, or otherwise combined with, the water in the bilge.
    (d) Must not occur in port if the port has the capability to 
collect and transfer the submarine bilgewater to an onshore facility.
    (e) Must be minimized and, if technologically feasible, discharged 
as far from shore as possible.
    (f) Must be minimized in federally-protected waters.
    (g) Must employ management practices that will minimize leakage of 
oil and other harmful pollutants into the bilge.


Sec.  1700.36  Surface vessel bilgewater/oil-water separator effluent.

    (a) All surface vessels must employ management practices that will 
minimize leakage of oil and other harmful pollutants into the bilge.
    (b) Surface vessels equipped with an oil-water separator must not 
discharge bilgewater and must only discharge oil-water separator 
effluent through an oil-content monitor consistent with paragraph (c) 
of this section. All surface vessels greater than 400 gross tons must 
be equipped with an oil-water separator. Surface vessels not equipped 
with an oil-water separator must only discharge bilgewater consistent 
with paragraph (d) of this section.
    (c) The discharge of oil-water separator effluent:
    (1) Must not contain oil in quantities that:
    (i) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines; or
    (ii) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shorelines; or
    (iii) Contain an oil content above 15 ppm as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or
    (iv) Otherwise are harmful to the public health or welfare of the 
United States.
    (2) Must not contain dispersants, detergents, emulsifiers, 
chemicals, or other substances to remove the appearance of a visible 
sheen. This performance standard does not prohibit the use of these 
materials in machinery spaces for the purposes of cleaning and 
maintenance activities associated with vessel equipment and structures.
    (3) Must only contain substances that are produced in the normal 
operation of a vessel. Oil solidifiers, flocculants or other additives 
(excluding any dispersants or surfactants) may be used to enhance oil-
water separation during processing in an oil-water separator only if 
such solidifiers, flocculants, or other additives are minimized in the 
discharge and do not alter the chemical make-up of the oils being 
discharged. Solidifiers, flocculants, or other additives must not be 
directly added, or otherwise combined with, the water in the bilge.
    (4) Must not occur in port if the vessel has the capability to 
collect and transfer oil-water separator effluent to an onshore 
facility.
    (5) Must be minimized within one mile of shore.
    (6) Must occur while sailing at speeds greater than six knots, if 
the vessel is underway.
    (7) Must be minimized in federally-protected waters.
    (d) The discharge of bilgewater (i.e., wastewater from the bilge 
that has not been processed through an oil-water separator):
    (1) Must not occur if the vessel has the capability to collect, 
hold, and transfer bilgewater to an onshore facility.
    (2) Notwithstanding the prohibition of the discharge of bilgewater 
from vessels that have the capability to collect, hold, and transfer 
bilgewater to an onshore facility; the discharge of bilgewater:
    (i) Must not contain dispersants, detergents, emulsifiers, 
chemicals, or other substances to remove the appearance of a visible 
sheen. This performance standard does not prohibit the use of these 
materials in machinery spaces for the purposes of cleaning and 
maintenance activities associated with vessel equipment and structures.
    (ii) Must only contain substances that are produced in the normal 
operation of a vessel. Routine cleaning and maintenance activities 
associated with vessel equipment and structures are considered to be 
normal operation of a vessel.
    (iii) Must not contain oil in quantities that:
    (A) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines; or
    (B) Cause a sludge or emulsion to be deposited beneath the surface 
of the water or upon adjoining shorelines; or
    (C) Contain an oil content above 15 ppm as measured by EPA Method 
1664a or other appropriate method for determination of oil content as 
accepted by the International Maritime Organization (IMO) (e.g., ISO 
Method 9377) or U.S. Coast Guard; or
    (D) Otherwise are harmful to the public health or welfare of the 
United States.
    (iv) Must be suspended immediately if a visible sheen is observed. 
Any spill or overflow of oil or other engine fluids must be cleaned up, 
recorded, and reported to the National Response Center immediately.


Sec.  1700.37  Underwater ship husbandry.

    (a) For discharges from vessels that are less than 79 feet in 
length:
    (1) To the greatest extent practicable, vessel hulls with an 
antifouling hull coating must not be cleaned within 90 days after the 
antifouling coating application.
    (2) Vessel hulls must be inspected, maintained, and cleaned to 
minimize the removal and discharge of antifouling coatings and the 
transport of fouling organisms. To the greatest extent practicable, 
rigorous vessel hull cleanings must take place in drydock or at a land-
based facility where the removed fouling organisms or spent antifouling 
coatings can be disposed of onshore in accordance with any applicable 
solid waste or hazardous substance management and disposal 
requirements.
    (3) Prior to the transport of the vessel overland from one body of 
water to another, vessel hulls must be inspected for any visible 
attached living organisms. If fouling organisms are found, they must be 
removed and disposed of onshore in accordance with any applicable solid 
waste and

[[Page 69772]]

hazardous substance management and disposal requirements.
    (4) Vessel hull cleanings must be conducted in a manner that 
minimizes the release of antifouling hull coatings and fouling 
organisms, including:
    (i) Adhere to any applicable cleaning requirements found on the 
coatings' FIFRA label.
    (ii) Use soft brushes or less abrasive cleaning techniques to the 
greatest extent practicable.
    (iii) Use hard brushes only for the removal of hard growth.
    (iv) Use a vacuum or other collection/control technology, when 
available and feasible.
    (b) For discharges from vessels that are greater than or equal to 
79 feet in length:
    (1) To the greatest extent practicable, vessel hulls with an 
antifouling hull coating must not be cleaned within 90 days after the 
antifouling coating application. To the greatest extent practicable, 
vessel hulls with copper-based antifouling coatings must not be cleaned 
within 365 days after coating application.
    (2) Vessel hulls must be inspected, maintained, and cleaned to 
minimize the removal and discharge of antifouling coatings and the 
transport of fouling organisms. To the greatest extent practicable, 
rigorous vessel hull cleanings must take place in drydock or at a land-
based facility where the removed fouling organisms or spent antifouling 
coatings can be disposed of onshore in accordance with any applicable 
solid waste or hazardous substance management and disposal 
requirements.
    (3) Vessel hull cleanings must be conducted in a manner that 
minimizes the release of antifouling hull coatings and fouling 
organisms, including:
    (i) Adhere to any applicable cleaning requirements found on the 
coatings' FIFRA label.
    (ii) Use soft brushes or less abrasive cleaning techniques to the 
greatest extent practicable.
    (iii) Use hard brushes only for the removal of hard growth.
    (iv) Use a vacuum or other collection/control technology, when 
available and feasible.


Sec.  1700.38 through 1700.42  [Reserved]

[FR Doc. 2016-24079 Filed 10-6-16; 8:45 am]
 BILLING CODE 6560-50-P