[Title 40 CFR VII]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter Vii - ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE;]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT282002-07-012002-07-01falseENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE;VIICHAPTER VIIPROTECTION OF ENVIRONMENT
CHAPTER VII--ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE;
UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES
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Part Page
1700 Uniform National Discharge Standards for
vessels of the Armed Forces............. 539
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PART 1700--UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES--Table of Contents
Subpart A--Scope
Sec.
1700.1 Applicability.
1700.2 Effect.
1700.3 Definitions.
Subpart B--Discharge Determinations
1700.4 Discharges requiring control.
1700.5 Discharges not requiring control.
Subpart C--Effect on States
1700.6 Effect on State and local statutes and regulations.
No-Discharge Zones
1700.7 No-discharge zones.
1700.8 Discharges for which no-discharge zones can be established.
1700.9 No-discharge zones by State prohibition.
1700.10 No-discharge zones by EPA prohibition.
State Petition for Review
1700.11 State petition for review of determinations or standards.
1700.12 Petition requirements.
1700.13 Petition decisions.
Subpart D--Marine Pollution Control Device (MPCD) Performance Standards
1700.14 Marine Pollution Control Device (MPCD) Performance Standards.
[Reserved]
Authority: 33 U.S.C. 1322, 1361.
Source: 64 FR 25134, May 10, 1999, unless otherwise noted.
Subpart A--Scope
Sec. 1700.1 Applicability.
(a) This part applies to the owners and operators of Armed Forces
vessels, except where the Secretary of Defense finds that compliance
with this part is not in the interest of the national security of the
United States. This part does not apply to vessels while they are under
construction, vessels in drydock, amphibious vehicles, or vessels under
the jurisdiction of the Department of Transportation other than those of
the Coast Guard.
(b) This part also applies to States and political subdivisions of
States.
Sec. 1700.2 Effect.
(a) This part identifies those discharges, other than sewage,
incidental to the normal operation of Armed Forces vessels that require
control within the navigable waters of the United States and the waters
of the contiguous zone, and those discharges that do not require
control. Discharges requiring control are identified in Sec. 1700.4.
Discharges not requiring control are identified in Sec. 1700.5. Federal
standards of performance for each required Marine Pollution Control
Device are listed in Sec. 1700.14. This part is not applicable beyond
the contiguous zone.
(b) This part prohibits States and their political subdivisions from
adopting or enforcing State or local statutes or regulations controlling
the discharges from Armed Forces vessels listed in Secs. 1700.4 and
1700.5 according to the timing provisions in Sec. 1700.6, except to
establish a no-discharge zone by State prohibition in accordance with
Sec. 1700.9, or to apply for a no-discharge zone by EPA prohibition in
accordance with Sec. 1700.10. This part also provides a mechanism for
States to petition the Administrator and the Secretary to review a
determination of whether a discharge requires control, or to review a
Federal standard of performance for a Marine Pollution Control Device,
in accordance with Secs. 1700.11 through 1700.13.
Sec. 1700.3 Definitions.
Administrator means the Administrator of the United States
Environmental Protection Agency or that person's authorized
representative.
Armed Forces vessel means a vessel owned or operated by the United
States Department of Defense or the United States Coast Guard, other
than vessels that are time or voyage chartered by the Armed Forces,
vessels of the U.S. Army Corps of Engineers, or vessels that are
memorials or museums.
Discharge incidental to the normal operation of a vessel means a
discharge, including, but not limited to: graywater, bilgewater, cooling
water, weather deck runoff, ballast water, oil water
[[Page 540]]
separator effluent, and any other pollutant discharge from the operation
of a marine propulsion system, shipboard maneuvering system, crew
habitability system, or installed major equipment, such as an aircraft
carrier elevator or a catapult, or from a protective, preservative, or
absorptive application to the hull of a vessel; and a discharge in
connection with the testing, maintenance, and repair of any of the
aforementioned systems whenever the vessel is waterborne, including
pierside. A discharge incidental to normal operation does not include:
(1) Sewage;
(2) A discharge of rubbish, trash, or garbage;
(3) A discharge of air emissions resulting from the operation of a
vessel propulsion system, motor driven equipment, or incinerator;
(4) A discharge that requires a National Pollutant Discharge
Elimination System (NPDES) permit under the Clean Water Act; or
(5) A discharge containing source, special nuclear, or byproduct
materials regulated by the Atomic Energy Act.
Environmental Protection Agency, abbreviated EPA, means the United
States Environmental Protection Agency.
Marine Pollution Control Device, abbreviated MPCD, means any
equipment or management practice installed or used on an Armed Forces
vessel that is designed to receive, retain, treat, control, or discharge
a discharge incidental to the normal operation of a vessel, and that is
determined by the Administrator and Secretary to be the most effective
equipment or management practice to reduce the environmental impacts of
the discharge consistent with the considerations in Clean Water Act
section 312(n)(2)(B).
No-discharge zone means an area of specified waters established
pursuant to this regulation into which one or more specified discharges
incidental to the normal operation of Armed Forces vessels, whether
treated or untreated, are prohibited.
Secretary means the Secretary of the United States Department of
Defense or that person's authorized representative.
United States includes the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Canal Zone, and the Trust Territory of the Pacific Islands.
Vessel includes every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on navigable waters of the United States or waters of the contiguous
zone, but does not include amphibious vehicles.
Subpart B--Discharge Determinations
Sec. 1700.4 Discharges requiring control.
For the following discharges incidental to the normal operation of
Armed Forces vessels, the Administrator and the Secretary have
determined that it is reasonable and practicable to require use of a
Marine Pollution Control Device for at least one class of vessel to
mitigate adverse impacts on the marine environment:
(a) Aqueous Film-Forming Foam: the firefighting foam and seawater
mixture discharged during training, testing, or maintenance operations.
(b) Catapult Water Brake Tank & Post-Launch Retraction Exhaust: the
oily water skimmed from the water tank used to stop the forward motion
of an aircraft carrier catapult, and the condensed steam discharged when
the catapult is retracted.
(c) Chain Locker Effluent: the accumulated precipitation and
seawater that is emptied from the compartment used to store the vessel's
anchor chain.
(d) Clean Ballast: the seawater taken into, and discharged from,
dedicated ballast tanks to maintain the stability of the vessel and to
adjust the buoyancy of submarines.
(e) Compensated Fuel Ballast: the seawater taken into, and
discharged from, ballast tanks designed to hold both ballast water and
fuel to maintain the stability of the vessel.
(f) Controllable Pitch Propeller Hydraulic Fluid: the hydraulic
fluid that discharges into the surrounding seawater from propeller seals
as part of normal operation, and the hydraulic fluid released during
routine maintenance of the propellers.
[[Page 541]]
(g) Deck Runoff: the precipitation, washdowns, and seawater falling
on the weather deck of a vessel and discharged overboard through deck
openings.
(h) Dirty Ballast: the seawater taken into, and discharged from,
empty fuel tanks to maintain the stability of the vessel.
(i) Distillation and Reverse Osmosis Brine: the concentrated
seawater (brine) produced as a byproduct of the processes used to
generate freshwater from seawater.
(j) Elevator Pit Effluent: the liquid that accumulates in, and is
discharged from, the sumps of elevator wells on vessels.
(k) Firemain Systems: the seawater pumped through the firemain
system for firemain testing, maintenance, and training, and to supply
water for the operation of certain vessel systems.
(l) Gas Turbine Water Wash: the water released from washing gas
turbine components.
(m) Graywater: galley, bath, and shower water, as well as wastewater
from lavatory sinks, laundry, interior deck drains, water fountains, and
shop sinks.
(n) Hull Coating Leachate: the constituents that leach, dissolve,
ablate, or erode from the paint on the hull into the surrounding
seawater.
(o) Motor Gasoline and Compensating Discharge: the seawater taken
into, and discharged from, motor gasoline tanks to eliminate free space
where vapors could accumulate.
(p) Non-Oily machinery wastewater: the combined wastewater from the
operation of distilling plants, water chillers, valve packings, water
piping, low- and high-pressure air compressors, and propulsion engine
jacket coolers.
(q) Photographic Laboratory Drains: the laboratory wastewater
resulting from processing of photographic film.
(r) Seawater Cooling Overboard Discharge: the discharge of seawater
from a dedicated system that provides noncontact cooling water for other
vessel systems.
(s) Seawater Piping Biofouling Prevention: the discharge of seawater
containing additives used to prevent the growth and attachment of
biofouling organisms in dedicated seawater cooling systems on selected
vessels.
(t) Small Boat Engine Wet Exhaust: the seawater that is mixed and
discharged with small boat propulsion engine exhaust to cool the exhaust
and quiet the engine.
(u) Sonar Dome Discharge: the leaching of antifoulant materials into
the surrounding seawater and the release of seawater or freshwater
retained within the sonar dome.
(v) Submarine Bilgewater: the wastewater from a variety of sources
that accumulates in the lowest part of the submarine (i.e., bilge).
(w) Surface Vessel Bilgewater/Oil-Water Separator Effluent: the
wastewater from a variety of sources that accumulates in the lowest part
of the vessel (the bilge), and the effluent produced when the wastewater
is processed by an oil water separator.
(x) Underwater Ship Husbandry: the materials discharged during the
inspection, maintenance, cleaning, and repair of hulls performed while
the vessel is waterborne.
(y) Welldeck Discharges: the water that accumulates from seawater
flooding of the docking well (welldeck) of a vessel used to transport,
load, and unload amphibious vessels, and from maintenance and freshwater
washings of the welldeck and equipment and vessels stored in the
welldeck.
Sec. 1700.5 Discharges not requiring control.
For the following discharges incidental to the normal operation of
Armed Forces vessels, the Administrator and the Secretary have
determined that it is not reasonable or practicable to require use of a
Marine Pollution Control Device to mitigate adverse impacts on the
marine environment:
(a) Boiler Blowdown: the water and steam discharged when a steam
boiler is blown down, or when a steam safety valve is tested.
(b) Catapult Wet Accumulator Discharge: the water discharged from a
catapult wet accumulator, which stores a steam/water mixture for
launching aircraft from an aircraft carrier.
(c) Cathodic Protection: the constituents released into surrounding
water from sacrificial anode or impressed
[[Page 542]]
current cathodic hull corrosion protection systems.
(d) Freshwater Lay-up: the potable water that is discharged from the
seawater cooling system while the vessel is in port, and the cooling
system is in lay-up mode (a standby mode where seawater in the system is
replaced with potable water for corrosion protection).
(e) Mine Countermeasures Equipment Lubrication: the constituents
released into the surrounding seawater by erosion or dissolution from
lubricated mine countermeasures equipment when the equipment is deployed
and towed.
(f) Portable Damage Control Drain Pump Discharge: the seawater
pumped through the portable damage control drain pump and discharged
overboard during testing, maintenance, and training activities.
(g) Portable Damage Control Drain Pump Wet Exhaust: the seawater
mixed and discharged with portable damage control drain pump exhaust to
cool the exhaust and quiet the engine.
(h) Refrigeration and Air Conditioning Condensate: the drainage of
condensed moisture from air conditioning units, refrigerators, freezers,
and refrigerated spaces.
(i) Rudder Bearing Lubrication: the oil or grease released by the
erosion or dissolution from lubricated bearings that support the rudder
and allow it to turn freely.
(j) Steam Condensate: the condensed steam discharged from a vessel
in port, where the steam originates from port facilities.
(k) Stern Tube Seals and Underwater Bearing Lubrication: the
seawater pumped through stern tube seals and underwater bearings to
lubricate and cool them during normal operation.
(l) Submarine Acoustic Countermeasures Launcher Discharge: the
seawater that is mixed with acoustic countermeasure device propulsion
gas following a countermeasure launch that is then exchanged with
surrounding seawater, or partially drained when the launch assembly is
removed from the submarine for maintenance.
(m) Submarine Emergency Diesel Engine Wet Exhaust: the seawater that
is mixed and discharged with submarine emergency diesel engine exhaust
to cool the exhaust and quiet the engine.
(n) Submarine Outboard Equipment Grease and External Hydraulics: the
grease released into the surrounding seawater by erosion or dissolution
from submarine equipment exposed to seawater.
Subpart C--Effect on States
Sec. 1700.6 Effect on State and local statutes and regulations.
(a) After the effective date of a final rule determining that it is
not reasonable and practicable to require use of a Marine Pollution
Control Device regarding a particular discharge incidental to the normal
operation of an Armed Forces vessel, States or political subdivisions of
States may not adopt or enforce any State or local statute or
regulation, including issuance or enforcement of permits under the
National Pollutant Discharge Elimination System, controlling that
discharge, except that States may establish a no-discharge zone by State
prohibition (as provided in Sec. 1700.9), or apply for a no-discharge
zone by EPA prohibition (as provided in Sec. 1700.10).
(b)(1) After the effective date of a final rule determining that it
is reasonable and practicable to require use of a Marine Pollution
Control Device regarding a particular discharge incidental to the normal
operation of an Armed Forces vessel, States may apply for a no-discharge
zone by EPA prohibition (as provided in Sec. 1700.10) for that
discharge.
(2) After the effective date of a final rule promulgated by the
Secretary governing the design, construction, installation, and use of a
Marine Pollution Control Device for a discharge listed in Sec. 1700.4,
States or political subdivisions of States may not adopt or enforce any
State or local statute or regulation, including issuance or enforcement
of permits under the National Pollutant Discharge Elimination System,
controlling that discharge except that States may establish a no-
discharge zone by State prohibition (as provided in Sec. 1700.9), or
apply for a no-discharge zone by EPA prohibition (as provided in
Sec. 1700.10).
(c) The Governor of any State may submit a petition requesting that
the
[[Page 543]]
Administrator and Secretary review a determination of whether a Marine
Pollution Control Device is required for any discharge listed in
Sec. 1700.4 or Sec. 1700.5, or review a Federal standard of performance
for a Marine Pollution Control Device.
No-Discharge Zones
Sec. 1700.7 No-discharge zones.
For this part, a no-discharge zone is a waterbody, or portion
thereof, where one or more discharges incidental to the normal operation
of Armed Forces vessels, whether treated or not, are prohibited. A no-
discharge zone is established either by State prohibition using the
procedures in Sec. 1700.9, or by EPA prohibition, upon application of a
State, using the procedures in Sec. 1700.10.
Sec. 1700.8 Discharges for which no-discharge zones can be established.
(a) A no-discharge zone may be established by State prohibition for
any discharge listed in Sec. 1700.4 or Sec. 1700.5 following the
procedures in Sec. 1700.9. A no-discharge zone established by a State
using these procedures may apply only to those discharges that have been
preempted from other State or local regulation pursuant to Sec. 1700.6.
(b) A no-discharge zone may be established by EPA prohibition for
any discharge listed in Sec. 1700.4 or Sec. 1700.5 following the
procedures in Sec. 1700.10.
Sec. 1700.9 No-discharge zones by State prohibition.
(a) A State seeking to establish a no-discharge zone by State
prohibition must send to the Administrator the following information:
(1) The discharge from Sec. 1700.4 or Sec. 1700.5 to be prohibited
within the no-discharge zone.
(2) A detailed description of the waterbody, or portions thereof, to
be included in the prohibition. The description must include a map,
preferably a USGS topographic quadrant map, clearly marking the zone
boundaries by latitude and longitude.
(3) A determination that the protection and enhancement of the
waters described in paragraph (a)(2) of this section require greater
environmental protection than provided by existing Federal standards.
(4) A complete description of the facilities reasonably available
for collecting the discharge including:
(i) A map showing their location(s) and a written location
description.
(ii) A demonstration that the facilities have the capacity and
capability to provide safe and sanitary removal of the volume of
discharge being prohibited in terms of both vessel berthing and
discharge reception.
(iii) The schedule of operating hours of the facilities.
(iv) The draft requirements of the vessel(s) that will be required
to use the facilities and the available water depth at the facilities.
(v) Information showing that handling of the discharge at the
facilities is in conformance with Federal law.
(5) Information on whether vessels other than those of the Armed
Forces are subject to the same type of prohibition. If the State is not
applying the prohibition to all vessels in the area, the State must
demonstrate the technical or environmental basis for applying the
prohibition only to Armed Forces vessels. The following information must
be included in the technical or environmental basis for treating Armed
Forces vessels differently:
(i) An analysis showing the relative contributions of the discharge
from Armed Forces and non-Armed Forces vessels.
(ii) A description of State efforts to control the discharge from
non-Armed Forces vessels.
(b) The information provided under paragraph (a) of this section
must be sufficient to enable EPA to make the two determinations listed
below. Prior to making these determinations, EPA will consult with the
Secretary on the adequacy of the facilities and the operational impact
of any prohibition on Armed Forces vessels.
(1) Adequate facilities for the safe and sanitary removal of the
discharge are reasonably available for the specified waters.
(2) The prohibition will not have the effect of discriminating
against vessels of the Armed Forces by reason of the ownership or
operation by the Federal
[[Page 544]]
Government, or the military function, of the vessels.
(c) EPA will notify the State in writing of the result of the
determinations under paragraph (b) of this section, and will provide a
written explanation of any negative determinations. A no-discharge zone
established by State prohibition will not go into effect until EPA
determines that the conditions of paragraph (b) of this section have
been met.
Sec. 1700.10 No-discharge zones by EPA prohibition.
(a) A State requesting EPA to establish a no-discharge zone must
send to the Administrator an application containing the following
information:
(1) The discharge from Sec. 1700.4 or Sec. 1700.5 to be prohibited
within the no-discharge zone.
(2) A detailed description of the waterbody, or portions thereof, to
be included in the prohibition. The description must include a map,
preferably a USGS topographic quadrant map, clearly marking the zone
boundaries by latitude and longitude.
(3) A technical analysis showing why protection and enhancement of
the waters described in paragraph (a)(2) of this section require a
prohibition of the discharge. The analysis must provide specific
information on why the discharge adversely impacts the zone and how
prohibition will protect the zone. In addition, the analysis should
characterize any sensitive areas, such as aquatic sanctuaries, fish-
spawning and nursery areas, pristine areas, areas not meeting water
quality standards, drinking water intakes, and recreational areas.
(4) A complete description of the facilities reasonably available
for collecting the discharge including:
(i) A map showing their location(s) and a written location
description.
(ii) A demonstration that the facilities have the capacity and
capability to provide safe and sanitary removal of the volume of
discharge being prohibited in terms of both vessel berthing and
discharge reception.
(iii) The schedule of operating hours of the facilities.
(iv) The draft requirements of the vessel(s) that will be required
to use the facilities and the available water depth at the facilities.
(v) Information showing that handling of the discharge at the
facilities is in conformance with Federal law.
(5) Information on whether vessels other than those of the Armed
Forces are subject to the same type of prohibition. If the State is not
applying a prohibition to other vessels in the area, the State must
demonstrate the technical or environmental basis for applying a
prohibition only to Armed Forces vessels. The following information must
be included in the technical or environmental basis for treating Armed
Forces vessels differently:
(i) An analysis showing the relative contributions of the discharge
from Armed Forces and non-Armed Forces vessels.
(ii) A description of State efforts to control the discharge from
non-Armed Forces vessels.
(b) The information provided under paragraph (a) of this section
must be sufficient to enable EPA to make the three determinations listed
below. Prior to making these determinations, EPA will consult with the
Secretary on the adequacy of the facilities and the operational impact
of the prohibition on Armed Forces vessels.
(1) The protection and enhancement of the specified waters require a
prohibition of the discharge.
(2) Adequate facilities for the safe and sanitary removal of the
discharge are reasonably available for the specified waters.
(3) The prohibition will not have the effect of discriminating
against vessels of the Armed Forces by reason of the ownership or
operation by the Federal Government, or the military function, or the
vessels.
(c) If the three conditions in paragraph (b) of this section are
met, EPA will by regulation establish the no-discharge zone. If the
conditions in paragraphs (b) (1) and (3) of this section are met, but
the condition in paragraph (b)(2) of this section is not met, EPA may
establish the no-discharge zone if it determines that the significance
of the waters and the potential impact of the discharge are of
sufficient magnitude to warrant any resulting constraints on Armed
Forces vessels.
[[Page 545]]
(d) EPA will notify the State of its decision on the no-discharge
zone application in writing. If EPA approves the no-discharge zone
application, EPA will by regulation establish the no-discharge zone by
modification to this part. A no-discharge zone established by EPA
prohibition will not go into effect until the effective date of the
regulation.
State Petition for Review
Sec. 1700.11 State petition for review of determinations or standards.
The Governor of any State may submit a petition requesting that the
Administrator and Secretary review a determination of whether a Marine
Pollution Control Device is required for any discharge listed in
Sec. 1700.4 or Sec. 1700.5, or review a Federal standard of performance
for a Marine Pollution Control Device. A State may submit a petition
only where there is new, significant information not considered
previously by the Administrator and Secretary.
Sec. 1700.12 Petition requirements.
A petition for review of a determination or standard must include:
(a) The discharge from Sec. 1700.4 or Sec. 1700.5 for which a change
in determination is requested, or the performance standard from
Sec. 1700.14 for which review is requested.
(b) The scientific and technical information on which the petition
is based.
(c) A detailed explanation of why the State believes that
consideration of the new information should result in a change to the
determination or the standard on a nationwide basis, and an explanation
of how the new information is relevant to one or more of the following
factors:
(1) The nature of the discharge.
(2) The environmental effects of the discharge.
(3) The practicability of using a Marine Pollution Control Device.
(4) The effect that installation or use of the Marine Pollution
Control Device would have on the operation or operational capability of
the vessel.
(5) Applicable United States law.
(6) Applicable international standards.
(7) The economic costs of the installation and use of the Marine
Pollution Control Device.
Sec. 1700.13 Petition decisions.
The Administrator and the Secretary will evaluate the petition and
grant or deny the petition no later than two years after the date of
receipt of the petition. If the Administrator and Secretary grant the
petition, they will undertake rulemaking to amend this part. If the
Administrator and Secretary deny the petition, they will provide the
State with a written explanation of why they denied it.
Subpart D--Marine Pollution Control Device (MPCD) Performance Standards
Sec. 1700.14 Marine Pollution Control Device (MPCD) Performance Standards. [Reserved]