Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Proposed Rules 6117 

food for animals to allow interested 

persons an opportunity to consider the 

interrelationship between this proposed 

rule and the proposed rules entitled 

‘‘Foreign Supplier Verification Programs 

for Importers of Food for Humans and 

Animals’’ (78 FR 45729, July 29, 2013) 

and ‘‘Accreditation of Third-Party 

Auditors/Certification Bodies to 

Conduct Food Safety Audits and to 

Issue Certifications’’ (78 FR 45782, July 

29, 2013). We have considered the 

requests, and elsewhere in this issue of 

the Federal Register, we are granting an 

extension of the comment period to 

March 31, 2014, for the proposed 

preventive controls rule. We are 

extending the comment period for the 

draft RA to March 31, 2014, to continue 

to make the comment period for the 

draft RA conform to the comment 

period for the proposed preventive 

controls rule. 

II. Request for Comments 

Interested persons may submit either 

electronic comments regarding the 

proposed rule to http://

www.regulations.gov or written 

comments to the Division of Dockets 

Management (see ADDRESSES). It is only 

necessary to send one set of comments. 

Identify comments with the docket 

number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http://

www.regulations.gov. 

Dated: January 28, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–02112 Filed 1–31–14; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

DEPARTMENT OF DEFENSE 

40 CFR Part 1700 

[EPA–HQ–OW–2013–0469; FRL–9903–49– 

OW] 

RIN 2040–AD39 

Uniform National Discharge Standards 

for Vessels of the Armed Forces— 

Phase II 

AGENCY: Environmental Protection 

Agency and Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) and the U.S. 

Department of Defense (DoD) are 

proposing performance standards for 

certain discharges incidental to the 

normal operation of a vessel of the 

Armed Forces into the navigable waters 

of the United States, the territorial seas, 

and the contiguous zone. The proposed 

standards would reduce the adverse 

environmental impacts associated with 

the discharges, stimulate the 

development of improved pollution 

control devices, and advance the 

development of environmentally sound 

ships by the Armed Forces. The 

proposed standards are designed to be 

consistent with the effluent limitations 

included in the recently issued National 

Pollutant Discharge Elimination System 

(NPDES) general permit for discharges 

incidental to the normal operation of a 

non-military vessel. 

DATES: Comments must be received on 

or before April 4, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–HQ–OW– 

2013–0469, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow on-line 

instructions for submitting comments. 

Mail: Send an original and one copy 

of your comments and enclosures 

(including references) to EPA Water 

Docket, U.S. Environmental Protection 

Agency, Mail Code: 2822–IT, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, Attention Docket No. EPA– 

HQ–OW–2013–0469. 

Hand Delivery: EPA Water Docket, 

EPA Docket Center, EPA West Building, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC 20004, Docket 

No. EPA–HQ–OW–2013–0469. 

Deliveries to the docket are accepted 

only during their normal hours of 

operation: 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. For access to docket materials, 

call (202) 566–2426, to schedule an 

appointment. 

Email: ow-docket@epa.gov; Attention 

Docket No. EPA–HQ–OW–2013–0469. 

To ensure that EPA can properly 

respond to comments, commenters 

should cite the paragraph(s) or 

section(s) in the proposed rule to which 

each comment refers. Commenters 

should use a separate paragraph for each 

issue discussed, and must submit any 

references cited in their comments. If 

you submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment. Electronic 

files should avoid any form of 

encryption and should be free of any 

defects or viruses. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OW–2013– 

0469. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. The Federal 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid any form 

of encryption and should be free of any 

defects or viruses. For additional 

instructions on submitting comments, 

go to the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: The electronic version of the 

public docket is available through the 

Federal Docket Management System 

(FDMS) found at http:// 

www.regulations.gov. You may use the 

FDMS to view public comments, access 

the index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once at the 

Web site, enter the appropriate Docket 

ID No. in the ‘‘Search’’ box to view the 

docket. Certain types of information will 

not be placed in the EPA dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in hard 

copy in the official public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

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6118 Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Proposed Rules 

docket materials through the EPA Water 

Docket Center, EPA West Building, 

Room 3334, 1301 Constitution Avenue 

(EPA West Building), NW., Washington, 

DC 20004. The Docket Center Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Water Docket is 

(202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: 

Katherine B. Weiler, Marine Pollution 

Control Branch (4504T), U.S. EPA, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; (202) 566–1280; 

weiler.katherine@epa.gov, or Mike 

Pletke, Chief of Naval Operations (N45), 

2000 Navy Pentagon (Rm 2D253), 

Washington, DC 20350–2000; (703) 695– 

5184; mike.pletke@navy.mil. 

SUPPLEMENTARY INFORMATION: This 

supplementary information is organized 

as follows: 

Table of Contents 

I. General Information 

A. Legal Authority for the Proposed Rule 

B. Purpose of the Proposed Rule 

C. What Vessels are Potentially Affected by 

the Proposed Rule? 

D. What is the Geographic Scope of the 

Proposed Rule? 

E. Rulemaking Process 

F. Summary of Public Outreach and 

Consultation with Federal Agencies, 

States, Territories, and Tribes 

G. Supporting Documentation 

H. What Should I Consider as I Prepare My 

Comments? 

II. UNDS Performance Standards 

Development 

A. Nature of the Discharge 

B. Environmental Effects 

C. Cost, Practicability, and Operational 

Impacts 

D. Applicable U.S. and International Law 

E. Definitions 

III. UNDS Discharge Analysis and 

Performance Standards 

A. Aqueous Film-Forming Foam 

B. Chain Locker Effluent 

C. Distillation and Reverse Osmosis Brine 

D. Elevator Pit Effluent 

E. Gas Turbine Water Wash 

F. Non-Oily Machinery Wastewater 

G. Photographic Laboratory Drains 

H. Seawater Cooling Overboard Discharge 

I. Seawater Piping Biofouling Prevention 

J. Small Boat Engine Wet Exhaust 

K. Welldeck Discharges 

IV. Additional Information of the Proposed 

Rule 

V. Related Acts of Congress and Executive 

Orders 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act as Amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children from Environmental Health and 

Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 13112: Invasive Species 

K. Executive Order 13089: Coral Reef 

Protection 

L. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

VI. Appendix A. 

I. General Information 

A. Legal Authority for the Proposed Rule 

EPA and DoD propose this rule under 

the authority of Clean Water Act (CWA) 

§ 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 § 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 

§§ 312(a)(12)–(14) & (n) (33 U.S.C. 

1322(a)(12)–(14) & (n)). 

B. Purpose of the Proposed Rule 

UNDS are intended to enhance the 

operational flexibility of vessels of the 

Armed Forces domestically and 

internationally, stimulate the 

development of innovative vessel 

pollution control technology, and 

advance the development by the U.S. 

Navy of environmentally sound ships. 

Section 312(n)(3)(A) of the CWA 

requires EPA and DoD to promulgate 

uniform national discharge standards 

for certain discharges incidental to the 

normal operation of a vessel of the 

Armed Forces (CWA § 312(a)(12)), 

unless the Secretary finds that 

compliance with UNDS would not be in 

the national security interests of the 

United States (CWA § 312(n)(1)). 

The proposed rule would amend Title 

40 Code of Federal Regulations (CFR) 

part 1700 to establish performance 

standards for 11 of the discharges 

incidental to the normal operation of a 

vessel of the Armed Forces from among 

the 25 discharges for which EPA and 

DoD previously determined (64 FR 

25126) that it is reasonable and 

practicable to require a marine pollution 

control device (MPCD). The 11 

discharges addressed by the proposal 

are the following: Aqueous film-forming 

foam; chain locker effluent; distillation 

and reverse osmosis brine; elevator pit 

effluent; gas turbine water wash; nonoily machinery wastewater; 

photographic laboratory drains; 

seawater cooling overboard discharge; 

seawater piping biofouling prevention; 

small boat engine wet exhaust; and 

welldeck discharges. 

The proposed performance standards 

would not become enforceable until 

after promulgation of a final rule, as 

well as promulgation of regulations by 

DoD under CWA § 312(n)(5)(C) to 

govern the design, construction, 

installation, and use of a MPCD. 

UNDS do not apply to the following 

discharges from vessels of the Armed 

Forces: Overboard discharges of 

rubbish, trash, garbage, or other such 

materials; sewage; air emissions 

resulting from the operation of a vessel 

propulsion system, motor driven 

equipment, or incinerator; or discharges 

that require permitting under the 

NPDES program, including operational 

discharges and other discharges that are 

not incidental to the normal operation 

of a vessel of the Armed Forces. 

C. What vessels are potentially affected 

by the proposed rule? 

The proposed rule would apply to 

vessels of the Armed Forces. For the 

purposes of the rulemaking, the term 

‘‘vessel of the Armed Forces’’ is defined 

at CWA § 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. 

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Department of Transportation; vessels 

preserved as memorials and museums; 

vessels under construction; vessels in 

drydock; amphibious vehicles; and, as 

noted above, time or voyage chartered 

vessels. For answers to questions 

regarding the applicability of this action 

to a particular vessel, consult one of the 

contacts listed in the FOR FURTHER

INFORMATION CONTACT section. 

D. What is the geographic scope of the 

proposed rule? 

The proposed rule would be 

applicable to discharges from a vessel of 

the Armed Forces operating in the 

navigable waters of the United States, 

territorial seas, and the contiguous zone 

(CWA § 1322(n)(8)(A)). Together, the 

preamble refers to these waters as 

‘‘waters subject to UNDS.’’ Sections 

502(7), 502(8), and 502(9) of the CWA 

define the term ‘‘navigable waters,’’ 

‘‘territorial seas,’’ and ‘‘contiguous 

zone’’ respectively. The term ‘‘navigable 

waters’’ means waters of the United 

States, including the territorial seas. The 

United States includes the States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, the U.S. 

Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern 

Mariana Islands, and the Trust 

Territories of the Pacific Islands. The 

term ‘‘territorial seas’’ means the belt of 

seas that generally extends three miles 

seaward from the line of ordinary low 

water along the portion of the coast in 

direct contact with the open sea and the 

line marking the seaward limit of inland 

waters. The term ‘‘contiguous zone’’ 

means the entire zone established or to 

be established by the United States 

under article 24 of the Convention of the 

Territorial Sea and the Contiguous 

Zone. Generally, the contiguous zone 

extends seaward for the next nine miles 

(i.e., from three to 12 miles from the 

U.S. coastline). The proposed rule 

would not be applicable seaward of the 

contiguous zone. The term ‘‘waters 

subject to UNDS’’ is also proposed for 

addition to 40 CFR 1700.3 (definitions). 

E. Rulemaking Process 

The UNDS rulemaking is a joint 

rulemaking between EPA and DoD and 

is under development in three phases. 

The first two phases reflect joint 

rulemaking between EPA and DoD; the 

third phase is a DoD-only rule. The first 

phase is complete (64 FR 25126). The 

proposed rule is part of Phase II. 

Phase I 

EPA and DoD promulgated the Phase 

I regulations on May 10, 1999 (64 FR 

25126), and these existing regulations 

are codified at 40 CFR part 1700. During 

Phase I, EPA and DoD identified the 

discharges incidental to the normal 

operation of a vessel of the Armed 

Forces for which it is reasonable and 

practicable to require control with a 

MPCD to mitigate potential adverse 

impacts on the marine environment 

(CWA § 312(n)(2)), as well as those 

discharges for which it is not. Section 

312(a)(13) of the CWA defines a MPCD 

as any equipment or management 

practice, for installation or use on a 

vessel of the Armed Forces, that is 

designed to receive, retain, treat, 

control, or discharge a discharge 

incidental to the normal operation of a 

vessel, and determined to be the most 

effective equipment or management 

practice to reduce the environmental 

impacts of the discharge consistent with 

the considerations set forth for UNDS. 

During Phase I, EPA and DoD, 

identified the following 25 discharges as 

requiring control with a MPCD: 

Aqueous Film-Forming Foam; Catapult 

Water Brake Tank and Post-Launch 

Retraction Exhaust; Chain Locker 

Effluent; Clean Ballast; Compensated 

Fuel Ballast; Controllable Pitch 

Propeller Hydraulic Fluid; Deck Runoff; 

Dirty Ballast; Distillation and Reverse 

Osmosis Brine; Elevator Pit Effluent; 

Firemain Systems; Gas Turbine Water 

Wash; Graywater; Hull Coating 

Leachate; Motor Gasoline Compensating 

Discharge; Non-Oily Machinery 

Wastewater; Photographic Laboratory 

Drains; Seawater Cooling Overboard 

Discharge; Seawater Piping Biofouling 

Prevention; Small Boat Engine Wet 

Exhaust; Sonar Dome Discharge; 

Submarine Bilgewater; Surface Vessel 

Bilgewater/Oil-Water Separator 

Discharge; Underwater Ship Husbandry; 

and Welldeck Discharges (40 CFR 

1700.4). 

During Phase I, EPA and DoD, 

identified the following 14 discharges as 

not requiring control with a MPCD: 

Boiler Blowdown; Catapult Wet 

Accumulator Discharge; Cathodic 

Protection; Freshwater Layup; Mine 

Countermeasures Equipment 

Lubrication; Portable Damage Control 

Drain Pump Discharge; Portable Damage 

Control Drain Pump Wet Exhaust; 

Refrigeration/Air Conditioning 

Condensate; Rudder Bearing 

Lubrication; Steam Condensate; Stern 

Tube Seals and Underwater Bearing 

Lubrication; Submarine Acoustic 

Countermeasures Launcher Discharge; 

Submarine Emergency Diesel Engine 

Wet Exhaust; and Submarine Outboard 

Equipment Grease and External 

Hydraulics. 

As of the effective date of the Phase 

I rule (June 9, 1999), neither states nor 

political subdivisions of states may 

adopt or enforce any state or local 

statutes or regulations with respect to 

the 14 discharges that were identified as 

not requiring control, except to establish 

no-discharge zones (CWA 

§§ 312(n)(6)(A) & 312(n)(7)). However, 

section 312(n)(5)(D) of the CWA 

authorizes a Governor of any State to 

submit a petition to DoD and EPA 

requesting the re-evaluation of a prior 

determination that a MPCD is required 

for a particular discharge (40 CFR 

1700.4) or a MPCD is not required for 

a particular discharge (40 CFR 1700.5) if 

there is significant new information, not 

considered previously, that could 

reasonably result in a change to the 

determination (CWA § 312(n)(5)(D) & 40 

CFR 1700.11). 

Phase II 

Section 312(n)(3) of the CWA 

provides for Phase II and requires EPA 

and DoD to develop Federal 

performance standards for each of the 

25 discharges identified in Phase I as 

requiring control. In doing so, EPA and 

DoD are required to consult with the 

Department in which the U.S. Coast 

Guard is operating, the Secretary of 

Commerce, interested states, the 

Secretary of State, and other interested 

Federal agencies. In promulgating Phase 

II performance standards, CWA 

§ 312(n)(2)(B) directs EPA and DoD to 

consider seven factors: the nature of the 

discharge; the environmental effects of 

the discharge; the practicability of using 

the MPCD; the effect that installation or 

use of the MPCD would have on the 

operation or the operational capability 

of the vessel; applicable U.S. law; 

applicable international standards; and 

the economic costs of installation and 

use of the MPCD. Section 312(n)(3)(C) of 

the CWA further provides that EPA and 

DoD may establish discharge standards 

that (1) distinguish among classes, 

types, and sizes of vessels; (2) 

distinguish between new and existing 

vessels; and (3) provide for a waiver of 

applicability of standards as necessary 

or appropriate to a particular class, type, 

age, or size of vessel. 

EPA and DoD have developed 

processes to establish Phase II standards 

in two separate batches. The first batch 

of performance standards is proposed in 

the rule and addresses 11 of the 25 

discharges identified as requiring 

control (64 FR 25126). The second batch 

of performance standards—the 

remaining 14 discharges—will be 

proposed in a separate, subsequent 

notice. 

In developing the Phase II 

performance standards, EPA and DoD 

referenced the NPDES general permit 

that EPA proposed in 2011 for 

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discharges incidental to the normal 

operation of a vessel as the ‘‘baseline’’ 

for each comparable discharge 

incidental to the normal operation of a 

vessel of the Armed Forces (76 FR 

76716). The NPDES proposed Small 

Vessel General Permit and the final 

Vessel General Permit provide for CWA 

authorization of discharges incidental to 

the normal operation of non-military 

and non-recreational vessels extending 

to the outer reach of the 3-mile 

territorial sea as defined in CWA 

§ 502(8). The proposed and final NPDES 

vessel general permits include effluent 

limits that are based on both the 

technology available to treat the 

pollutants (i.e., technology-based 

effluent limitations), and limits that 

would be protective of the designated 

uses of the receiving water (water 

quality-based effluent limits), including 

both non-numeric (e.g., management 

practices) and numeric limitations. 

Additional information on NPDES 

permitting can be found on-line at 

http://cfpub.epa.gov/npdes/. In the 

proposed rule preamble, EPA and DoD 

refer to these NPDES permits 

collectively as the ‘‘VGP.’’ 

Using the VGP as a baseline for 

developing the MPCD performance 

standard(s) for discharges incidental to 

the normal operation of a vessel of the 

Armed Forces allowed EPA and DoD to 

maximize the use of EPA’s scientific 

and technical work developed to 

support the VGP and to adapt, as 

appropriate, the VGP technology-based 

effluent limitations and water qualitybased effluent limitations for 

application to discharges incidental to 

the normal operation of a vessel of the 

Armed Forces. EPA and DoD also 

considered relevant water quality 

standards, including numeric and 

narrative criteria, designated uses, and 

anti-degradation policies in order to 

evaluate the potential environmental 

effects of the discharges consistent with 

CWA § 312(n)(2)(B)(ii). 

Phase III 

Phase III of UNDS requires DoD, in 

consultation with EPA and the Secretary 

of the Department in which the U.S. 

Coast Guard is operating, within one 

year of finalization of the Phase II 

standards, to promulgate regulations 

governing the design, construction, 

installation, and use of MPCDs 

necessary to meet the discharge 

performance standards. DoD will 

implement the Phase III regulations 

under the authority of the Secretary as 

a DoD publication. The Phase III 

regulations would be publicly released 

and made available on the following 

Web site http://www.dtic.mil/whs/ 

directives. Similar to Phase II, Phase III 

will be promulgated in two batches. 

Phase III-Batch One will address the 11 

discharges proposed in the proposed 

rule and Phase III-Batch Two will 

address the remaining 14 discharges. 

Following the effective date of 

regulations under Phase III, it will be 

unlawful for a vessel of the Armed 

Forces to operate within waters subject 

to UNDS if the vessel is not equipped 

with the required MPCD meeting the 

final Phase II standards (CWA § 312 

(n)(7)). It also will be unlawful for a 

vessel of the Armed Forces to discharge 

a regulated UNDS discharge into waters 

where a prohibition on the discharge 

has been established (i.e., to discharge 

into an UNDS no-discharge zone) (CWA 

§ 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 § 312(j)). The Secretary 

of the Department in which the U.S. 

Coast Guard is operating is empowered 

to enforce these provisions and may 

utilize law enforcement officers, EPA 

personnel and facilities, other Federal 

agencies, or the states to carry out these 

provisions. States may also enforce 

these provisions (CWA §§ 312(k) & 

(n)(9)). 

In addition, as of the effective date of 

Phase III regulations, neither states nor 

political subdivisions of states may 

adopt or enforce any state or local 

statute or regulation with respect to 

discharges identified as requiring 

control, except to establish no-discharge 

zones (CWA § 312(n)(7)). CWA 

§ 312(n)(7) provides for the 

establishment of no-discharge zones 

either (A) by state prohibition after 

application and a determination by 

EPA, or (B) directly by EPA prohibition. 

The Phase I UNDS regulations 

established the criteria and procedures 

for establishing no-discharge zones (40 

CFR 1700.9–1700.10). 

If a state determines that the 

protection and enhancement of the 

quality of some or all of its waters 

require greater environmental 

protection, the state may prohibit one or 

more discharges incidental to the 

normal operation of a vessel of the 

Armed Forces, whether treated or not, 

into those waters (40 CFR 1700.9). A 

state prohibition does not apply until 

after the Administrator determines that 

(1) the protection and enhancement of 

the quality of the specified waters 

within the state require a prohibition of 

the discharge into the waters; (2) 

adequate facilities for the safe and 

sanitary removal of the discharge 

incidental to the normal operation of a 

vessel are reasonably available for the 

waters to which the prohibition would 

apply; and (3) the prohibition will not 

have the effect of discriminating against 

a vessel of the Armed Forces by reason 

of the ownership or operation by the 

Federal government, or the military 

function, of the vessel (40 CFR 

1700.9(b)(2)). 

Alternatively, a state may request that 

EPA prohibit, by regulation, the 

discharge of one or more discharges 

incidental to the normal operation of a 

vessel of the Armed Forces, whether 

treated or not, into specified waters 

within a state (40 CFR 1700.10). In this 

case, EPA would make a determination 

that the protection and enhancement of 

the quality of the specified waters 

requires a prohibition of the discharge. 

As with the application of a state 

prohibition described above, the 

Administrator would need to determine 

that (1) the protection and enhancement 

of the quality of the specified waters 

within the state require a prohibition of 

the discharge into the waters; (2) 

adequate facilities for the safe and 

sanitary removal of the discharge 

incidental to the normal operation of a 

vessel are reasonably available for the 

waters to which the prohibition would 

apply; and (3) the prohibition will not 

have the effect of discriminating against 

a vessel of the Armed Forces by reason 

of the ownership or operation by the 

Federal government, or the military 

function, of the vessel (40 CFR 

1700.9(b)(2)). EPA may not, however, 

disapprove a state application for this 

latter type of prohibition for the sole 

reason that there are not adequate 

facilities for the safe and sanitary 

removal of such discharges (CWA 

§§ 312(n)(7)(B)(ii) and 40 CFR 

1700.10(b)). 

The statute also requires EPA and 

DoD to review the determinations and 

standards every five years, and if 

necessary, to revise them based on 

significant new information. 

Specifically, CWA §§ 312(n)(5)(A) and 

(B) contain provisions for reviewing and 

modifying both of the following 

determinations: (1) Whether control 

should be required for a particular 

discharge, and (2) the substantive 

standard of performance for a discharge 

for which control is required. A 

Governor also may petition the 

Administrator and the Secretary to 

review UNDS determinations and 

standards if there is significant new 

information, not considered previously, 

that could reasonably result in a change 

to the determination or standard (CWA 

§ 312(n)(5)(D) & 40 CFR 1700.11). 

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F. Summary of Public Outreach and 

Consultation With Federal Agencies, 

States, Territories, and Tribes 

During the development of the 

proposed Phase II rule, EPA and DoD 

consulted with other Federal agencies, 

states, and tribes regarding the 

enhancement of the operational 

flexibility of vessels of the Armed 

Forces domestically and internationally; 

development of innovative vessel 

pollution control technology; and 

advancement of the development by the 

U.S. Navy of environmentally sound 

ships. In addition, EPA and DoD 

reviewed comments on the VGP from 

Federal agencies, states, territories, and 

environmental organizations. 

G. Supporting Documentation 

The proposed rule is supported by 

‘‘Technical Development Document 

(TDD) Phase I Uniform National 

Discharge Standards (UNDS) for Vessels 

of the Armed Forces,’’ the draft and 

final UNDS Phase I rules, various VGP 

documents, including, but not limited to 

the ‘‘Proposed 2013 Vessel General 

Permit for Discharges Incidental to the 

Normal Operation of Vessels (VGP),’’ 

the ‘‘Final 2013 Vessel General Permit 

for Discharges Incidental to the Normal 

Operation of Vessels (VGP),’’ the 

‘‘Vessel General Permit (VGP) Fact 

Sheet,’’ the ‘‘Proposed Small Vessel 

General Permit for Discharges Incidental 

to the Normal Operation of Vessels Less 

Than 79 Feet (sVGP),’’ the ‘‘Small 

Vessel General Permit (sVGP) Fact 

Sheet,’’ the ‘‘Economics and Benefits 

Analysis of the Proposed and Final 2013 

Vessel General Permit (VGP),’’ 

‘‘Economics and Benefits Analysis of 

the Proposed 2013 Small Vessel General 

Permit (sVGP),’’ ‘‘Report to Congress: 

Study of Discharges Incidental to 

Normal Operation of Commercial 

Fishing Vessels and Other NonRecreational Vessels Less than 79 Feet,’’ 

and ‘‘Environmentally Acceptable 

Lubricants.’’ These documents are 

available from the EPA Water Docket, 

Docket No. EPA–HQ–OW–2013–0469 

(Email: ow-docket@epa.gov; Phone 

Number: (202) 566–2426; Mail: Water 

Docket, Mail Code: 2822–IT, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; or Online: 

http://www.regulations.gov). The VGP 

background documents also are 

available online: http://www.epa.gov/

npdes/vessels. 

H. What should I consider as I prepare 

my comments? 

The public may submit comments in 

written or electronic form. Electronic 

comments must be identified by the 

docket number EPA–HQ–OW–2013– 

0469. These electronic submissions will 

be accepted in Microsoft Word or Adobe 

PDF. If your comment cannot be read 

due to technical difficulties and you 

cannot be contacted for clarification, 

EPA and DoD may not be able to 

consider your comment. Avoid the use 

of special characters and any form of 

encryption. 

Tips for Preparing Comments. Please 

follow these guidelines as you prepare 

your comments so that EPA and DoD 

can better address them in a timely 

manner. 

1. Identify the proposed rule by 

docket number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

2. Explain why you agree or disagree 

with any proposed performance 

standards; suggest alternatives and 

substitute language for your requested 

changes. 

3. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

4. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

5. Explain your views as clearly as 

possible. 

Make sure to submit your comments 

by the comment period deadline. EPA 

and DoD are not obligated to accept or 

consider late comments. 

II. UNDS Performance Standards 

Development 

During the development of the 

proposed discharge performance 

standards, EPA and DoD analyzed the 

information from Phase I of UNDS and 

considered the VGP effluent limitations 

as well as the seven statutory factors 

listed in CWA § 312(n)(2)(B). EPA and 

DoD determined that the VGP effluent 

limitations, which include technologybased and water quality-based effluent 

limitations, provide a sound basis for 

developing performance standards for 

the 11 discharges covered in the 

proposed rule. EPA and DoD used the 

VGP effluent limitations language and 

adapted the language as necessary to 

incorporate the considerations of the 

UNDS Phase I information and the 

seven statutory factors. The subsections 

below outline EPA and DoD’s approach 

to considering the seven statutory 

factors in the development of the 

proposed discharge standards. 

EPA and DoD invite comment on the 

two agencies’ approach to use the VGP 

as a baseline from which to develop the 

performance standards for the 

discharges identified in Phase I that 

require control. 

A. Nature of the Discharge 

During Phase I, EPA and DoD 

gathered information on the discharges 

incidental to the normal operation of a 

vessel of the Armed Forces and 

developed ‘‘nature of discharge’’ 

reports. The ‘‘nature of discharge’’ 

reports discuss how the discharge is 

generated, volumes and frequencies of 

the generated discharge, where the 

discharge occurs, and the constituents 

present in the discharge. In addition, 

EPA and DoD reviewed relevant 

discharge information in the supporting 

documentation of the VGP. The nature 

of the discharge reports can be found in 

Appendix A of the Technical 

Development Document—EPA 821–R– 

99–001, 

B. Environmental Effects 

Discharges incidental to the normal 

operation of a vessel of the Armed 

Forces have the potential to negatively 

impact the aquatic environment. The 

discharges contain a wide variety of 

constituents that have the potential to 

negatively impact aquatic species and 

habitats. These discharges can contain 

aquatic nuisance species (ANS), 

nutrients, thermal pollution, bacteria 

and/or pathogens (e.g., E. coli and fecal 

coliform), oil and grease, metals, most 

conventional pollutants (e.g., organic 

matter, bicarbonate, and total suspended 

solids), and other toxic and nonconventional pollutants with toxic 

effects. While it is unlikely that these 

discharges would cause an acute or 

chronic exceedance of water quality 

criteria across a large water body, these 

discharges have the potential to cause 

adverse environmental impacts on a 

more localized scale due to the ‘‘end-ofpipe’’ nature of the discharges. For each 

of the 11 discharges below, EPA and 

DoD discuss the constituents of concern 

released into the environment and 

potential water quality impacts. The 

proposed performance standards would 

reduce the discharge of constituents of 

concern and mitigate the environmental 

risks to the receiving waters. 

C. Cost, Practicability, and Operational 

Impacts 

The population of vessels of the 

Armed Forces affected by the proposed 

rule encompasses more than 6,000 

vessels distributed among the U.S. 

Navy, Military Sealift Command (MSC), 

U.S. Coast Guard, U.S. Army, U.S. 

Marine Corps, and U.S. Air Force. These 

vessels range in design and size from 

small boats with lengths of less than 20 

feet for coastal operations to aircraft 

carriers with lengths of over 1,000 feet 

for global operations. Approximately 

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82% of the vessels of the Armed Forces 

are less than 79 feet in length. Larger 

vessels (i.e., with length equal to or 

greater than 79 feet) comprise 18% of 

the vessels of the Armed Forces. EPA 

and DoD considered vessel class, type, 

and size when developing the proposed 

discharge standards as not all vessels 

have the same discharges. For more 

information on the various vessel 

classes, characteristics, and mission, see 

Appendix A. 

EPA and DoD assessed the relative 

costs, practicability, and operational 

impacts of the proposed rule by 

comparing current operating conditions 

and practices of vessels of the Armed 

Forces with the anticipated operating 

conditions and practices that would be 

required to meet the proposed discharge 

performance standards. 

EPA and DoD determined that the 

vessels of the Armed Forces are 

generally implementing the proposed 

operating conditions and practices for 

all 11 discharges; therefore, it is 

anticipated that any incremental 

increase in performance costs, 

practicability, and operational impacts 

will be marginal for these discharges. 

D. Applicable U.S. and International 

Law 

EPA and DoD reviewed U.S. laws and 

international standards that would be 

relevant to discharges incidental to the 

normal operation of a vessel of the 

Armed Forces. A number of U.S. 

environmental laws include specific 

provisions for Federal facilities and 

properties that may result in different 

environmental requirements for Federal 

and non-federal entities. Similarly, 

many international treaties do not apply 

to vessels of the Armed Forces because 

they are entitled to sovereign immunity 

under international law or apply 

different approaches to adoption of 

appropriate environmental control 

measures consistent with the objects 

and purposes of such treaties. EPA and 

DoD incorporated any relevant 

information in the development of the 

proposed discharge standards after 

reviewing the requirements of the 

following laws and treaties: 

International Convention for the 

Prevention of Pollution from Ships (also 

referred to as MARPOL); International 

Convention on the Control of Harmful 

Anti-Fouling Systems on Ships; 

International Convention for the Control 

and Management of Ships’ Ballast Water 

and Sediments, 2004; Act to Prevent 

Pollution from Ships; CWA section 311, 

as amended by the Oil Pollution Control 

Act of 1990; Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA); Hazardous Materials 

Transportation Act; Title X of the Coast 

Guard Authorization Act of 2010; 

National Marine Sanctuaries Act; 

Antiquities Act of 1906; Resource 

Conservation and Recovery Act; Toxic 

Substances Control Act; and the VGP. 

EPA and DoD invite comment on the 

application of the laws and 

international standards considered in 

the development of the proposed 

performance standards. 

E. Definitions 

EPA and DoD propose adding UNDS 

definitions to 40 CFR part 1700. 

Specifically, the proposal would define 

the terms: Bioaccumulative; 

biodegradable; environmentally 

acceptable lubricants; federallyprotected waters; hazardous material; 

non-toxic; person in charge; toxic 

materials; and waters subject to UNDS. 

EPA and DoD are defining these terms 

to support the proposal of the 

performance standards described in the 

following section. These definitions 

intend to clarify, simplify, and/or 

improve understanding of the proposed 

performance standards. EPA and DoD 

invite comment on these definitions as 

applied to the specific proposed 

performance standards. 

III. UNDS Discharge Analysis and 

Performance Standards 

This section provides additional 

detail regarding the nature of the 11 

discharges and the potential for adverse 

environmental effects associated with 

the discharges. The section also 

describes the proposed MPCD 

determined to be reasonable and 

practicable to mitigate the adverse 

impacts to the marine environment. 

The proposed performance standards 

described in each section below would 

apply to discharges incidental to the 

normal operation of a vessel of the 

Armed Forces, operating within waters 

subject to UNDS, except as otherwise 

expressly excluded in the ‘‘exceptions’’ 

section of the proposed rule (40 CFR 

1700.39). In addition, if two or more 

regulated discharge streams are 

combined into one, the resulting 

discharge stream must meet the 

requirements applicable to all discharge 

streams that are combined prior to 

discharge (40 CFR 1700.40). 

Furthermore, recordkeeping (40 CFR 

1700.41) and non-compliance reporting 

(40 CFR 1700.42) apply generally to 

each proposed performance standard 

unless expressly provided in a 

particular performance standard. 

A. Aqueous Film-Forming Foam 

1. Nature of Discharge 

Aqueous film-forming foam (AFFF) is 

the primary firefighting agent used to 

extinguish flammable liquid fires on 

surface ships of the Armed Forces. For 

the purposes of UNDS, AFFF is the 

firefighting foam and seawater mixture 

discharged during training, testing, or 

maintenance operations (i.e., nonemergency, but routine situations) (40 

CFR 1700.4(a)). UNDS do not apply to 

the operational AFFF discharged to 

prevent loss of life, personal injury, 

vessel endangerment, or severe damage 

to the vessel (e.g., firefighting) (40 CFR 

1700.39(a)). 

AFFF or fluoroprotein foam 

concentrate is a foam concentrate mixed 

with seawater to form a diluted seawater 

foam solution (3–6% AFFF). 

Fluoroprotein foam is a protein-based 

material to which fluorinated 

surfactants have been added to improve 

fluidity and surface tension properties, 

while reducing the tendency of the 

protein base to absorb liquids. The 

diluted seawater solution is sprayed as 

foam on the fire and is applied with 

both fire hoses and fixed sprinkler 

devices. However, only the diluted 

seawater foam solution is discharged; 

the actual concentrate is never 

discharged. As such, AFFF contains 

constituents found both in the foam 

concentrate (e.g., perfluorooctane 

sulfonate (PFOS) or perfluorooctanoic 

acid (PFOA)) and in the firemain (e.g., 

copper and microorganisms). Some 

alternatives to AFFF exist that have 

lower concentrations of perfluorinated 

surfactants, or contain non-fluorinated 

surfactants, that are less persistent than 

AFFF or fluoroprotein foam. 

AFFF discharges occur during 

training, planned maintenance, system 

testing and inspections, or flight deck 

certifications. During or after these 

activities occur, the seawater foam 

solution is discharged either directly 

overboard from hoses, washed 

overboard from accumulations on the 

flight deck, or drained to the bilge. 

These training, maintenance, and testing 

cases generally occur annually, at 18 

month intervals, and/or at 3 year 

intervals depending on the vessel 

requirements. 

Approximately 10% of the vessels of 

the Armed Forces (i.e., aircraft carriers, 

surface combatants, amphibious support 

ships, and most classes of patrol ships 

and auxiliary ships) discharge AFFF. 

Vessels less than 79 feet in length are 

not expected to have seawater foam 

firefighting systems. For more 

information regarding AFFF, please see 

the AFFF NOD in Appendix A of the 

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Technical Development Document— 

EPA 821–R–99–001. 

2. Environmental Effects 

AFFF could negatively impact 

receiving waters due to the constituents 

in the foam concentrate and the copper 

and microorganisms found in the 

firemain system. 

The constituents of AFFF concentrate 

include water, 2-(2-butoxyethoxy)- 

ethanol, urea, alkyl sulfate salts, 

amphoteric fluoroalkylamide derivative, 

perfluoroalkyl sulfonate salts, 

triethanolamine, and methyl-1Hbenzotriazole. In addition, because the 

seawater mixed with the AFFF 

concentrate comes from the vessel’s 

firemain system, the discharge may also 

include bis(2-ethylhexyl) phthalate, 

nitrogen (measured as total Kjeldahl 

nitrogen), copper, nickel, iron, and 

microorganisms which can be found in 

the actual piping of the firemain system. 

The concentration of many of the 

constituents in the AFFF, particularly 

bis(2-ethylhexyl) phthalate, copper, 

nickel, and iron could negatively impact 

the receiving waters and could 

potentially contribute to an exceedance 

of relevant recommended water quality 

criteria. The PFOS found in the AFFF is 

a persistent, bioaccumulative, toxic, and 

carcinogenic chemical compound that is 

suspected of causing adverse human 

health effects. The discharge of the 

microorganisms from the firemain 

system also could result in the 

introduction of ANS and negatively 

impact biodiversity, water quality, and 

the designated uses of water bodies. In 

addition, AFFF could potentially cause 

foam to float on the surface of the water, 

altering visibility and violating aesthetic 

water quality criteria. 

Restricting the discharge of AFFF and 

the associated constituents of concern 

would protect and enhance the quality 

of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose to 

require that AFFF (i.e., AFFF used 

during training, testing, or maintenance 

operations) shall not be discharged (i.e., 

AFFF should be collected and stored for 

on shore disposal or discharged when 

the vessel is located seaward of waters 

subject to UNDS) because the 

constituents have the potential to 

contribute to an exceedance of water 

quality criteria and to cause adverse 

environmental and human health 

impacts. 

B. Chain Locker Effluent 

1. Nature of the Discharge 

Chain locker effluent is the 

accumulated precipitation and seawater 

that is emptied from the compartment 

used to store the vessel’s anchor chain 

(40 CFR 1700.4(c)). Anchor chains used 

by surface vessels are stored in the 

chain locker when not in use. The small 

amount of water that is washed into the 

chain locker eventually drains through 

the bottom grating and into the sump 

where it can come into contact with 

paint chips, rust, grease, and sacrificial 

zinc anodes. This collected water also 

has the potential to contain ANS. 

Chain locker effluent is discharged 

when the chain locker sump is emptied 

directly overboard. The generation rate 

of this discharge depends on many 

factors, including the amount of 

precipitation and seawater that enters 

the chain locker, the size of the vessel, 

the number of chain lockers per vessel, 

and the frequency of anchor use. 

Approximately 500 vessels of the 

Armed Forces have at least one chain 

locker, and thus generate chain locker 

effluent. However, inspections of the 

chain lockers during Phase I revealed 

that the chain lockers are often dry and 

only a small amount of water actually 

accumulates in the chain locker. 

Submarine chain lockers are always 

submerged, open to the sea, and do not 

collect effluent. Vessels less than 79 feet 

in length are not expected to have chain 

lockers. 

For more information regarding chain 

locker effluent, please see the chain 

locker effluent NOD in Appendix A of 

the Technical Development Document— 

EPA 821–R–99–001. 

2. Environmental Effects 

Chain locker effluent could negatively 

impact receiving waters due to the 

possible presence of paint chips, rust, 

grease, sacrificial zinc anodes, and 

microorganisms. The discharge of the 

microorganisms could result in the 

introduction of ANS and negatively 

impact biodiversity, water quality, and 

the designated uses of water bodies. 

Restricting the discharge of chain locker 

effluent and the associated constituents 

of concern would protect and enhance 

the quality of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose to 

require that all anchor chains from 

surface vessels (submarines are not 

subject to this requirement) must be 

carefully and thoroughly washed down 

(i.e., more than a cursory rinse) as they 

are being hauled out of the water to 

remove sediment and organisms. EPA 

and DoD also propose to require that all 

chain lockers must be cleaned 

periodically to eliminate accumulated 

sediments and any potential 

accompanying pollutants. The dates of 

all chain locker inspections must be 

recorded in the ship’s log or other vessel 

recordkeeping documentation. 

In addition, EPA and DoD propose to 

require that for vessels that sail seaward 

of waters subject to UNDS at least once 

per month, chain lockers shall not be 

rinsed or pumped out within waters 

subject to UNDS to eliminate any 

potential impact to nearshore waters. If 

technically feasible, the chain locker 

shall be periodically cleaned, rinsed, 

and/or the accumulated water and 

sediment (i.e., chain locker effluent) 

shall be pumped out prior to entering 

waters subject to UNDS (preferably in 

mid-ocean). For vessels that do not sail 

seaward of waters subject to UNDS at 

least once per month, if a discharge of 

chain locker effluent occurs within 

waters subject to UNDS it shall occur at 

the greatest distance practicable from 

shore and, if technically feasible, shall 

not be discharged in federally-protected 

waters. 

C. Distillation and Reverse Osmosis 

Brine 

1. Nature of the Discharge 

Distillation and reverse osmosis brine 

is the concentrated seawater (brine) 

produced as a by-product of the 

processes used to generate freshwater 

from seawater (40 CFR 1700.4(i)). 

Distillation and reverse osmosis brine 

derives from distilling and reverse 

osmosis equipment and machinery that 

generate freshwater from seawater for a 

variety of shipboard applications, 

including potable water for drinking, 

aircraft and vehicle washdowns, boiler 

feedwater on steam-powered vessels, 

and auxiliary boiler feedwater on most 

vessels. 

The brine from distillation and 

reverse osmosis differs based on 

whether the brine originates from 

distilling equipment or reverse osmosis 

equipment. Distillation equipment boils 

seawater and the resulting steam is 

condensed into high-purity distilled 

water; the remaining seawater 

concentrate (i.e., brine) that is not 

evaporated is discharged overboard. 

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Reverse osmosis equipment separates 

freshwater from seawater by using semipermeable membranes as a physical 

barrier to allow a portion of the seawater 

to pass through the membrane as 

freshwater; the retained substances 

become concentrated into brine that 

includes a large percentage of 

suspended and dissolved constituents 

and is subsequently discharged 

overboard. This seawater concentrate, or 

brine, primarily consists of seawater, 

but can also contain materials from 

these processes, such as nutrients and 

anti-scaling treatment chemicals as well 

as some metals, including copper and 

zinc. 

Approximately 10% of U.S. Navy, 

MSC, U.S. Coast Guard, and U.S. Army 

surface vessels and submarines are 

equipped with water purification 

equipment and therefore generate this 

discharge. The majority of the 10% are 

operating distillation equipment. 

Vessels less than 79 feet in length are 

not expected to have water purification 

equipment. 

For more information regarding 

distillation and reverse osmosis brine, 

please see the distillation and reverse 

osmosis brine NOD in Appendix A of 

the Technical Development Document— 

EPA 821–R–99–001. 

2. Environmental Effects 

Distillation and reverse osmosis brine 

could negatively impact receiving 

waters due to the presence of dissolved 

and suspended solids, anti-scaling 

chemicals, and metals. The constituents 

found in the brine are generally present 

in the influent seawater used in the 

distillation or reverse osmosis processes 

and become concentrated in the brine 

before being discharged. Specifically, 

the concentration of copper and zinc 

found in the brine discharges could 

potentially contribute to an exceedance 

of relevant recommended water quality 

criteria. Restricting the discharge of 

distillation and reverse osmosis and the 

associated constituents of concern 

would protect and enhance the quality 

of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose to 

prohibit the discharge of the distillation 

and reverse osmosis brine overboard 

within waters subject to UNDS if it 

comes in contact with machinery or 

industrial equipment (other than 

distillation or reverse osmosis 

machinery), toxic or hazardous 

materials, or wastes. 

D. Elevator Pit Effluent 

1. Nature of the Discharge 

Elevator pit effluent is the liquid that 

accumulates in, and is discharged from, 

the sumps of elevator wells on vessels 

(40 CFR 1700.4(j)). Most large surface 

vessels have at least one type of 

elevator. Shipboard elevators operate 

using cables, rails, or hydraulic pistons. 

Elevator shafts typically have a sump or 

reservoir in the pit that collects liquids 

that may enter the elevator and shaft 

area. If the elevator pit is located above 

the waterline, the sump is typically 

fitted with a drain that directs the waste 

overboard. This drain is normally higher 

than the sump floor to prevent clogging 

from solids that otherwise settle out and 

remain in the sump. If the elevator pit 

is located below the waterline, the pit is 

educted dry using the pressure of the 

firemain water supply to remove fluids 

from the sump. 

Elevator pit effluent may contain 

grease, lubricants, solvents, soot, dirt, 

paint chips, or nutrients. Furthermore, 

when water enters the elevator pit, it 

sometimes contains materials that were 

on the deck, including aviation fuel, 

hydraulic fluid, lubricating oil, residual 

water, and AFFF. Residue in the 

elevator car from the transport of 

materials may also be washed into the 

elevator pit. The cleaning solvent used 

during maintenance cleaning operations 

as well as liquid wastes generated by the 

cleaning process then drain into the 

elevator pit sump. This mixture of 

materials and liquid collects in the 

sump at the bottom of the elevator pit. 

If the firemain system is used to educt 

fluids from the pit, the effluent may also 

contain nitrogen, bis(2-ethylhexyl) 

phthalate, copper, iron, and nickel. 

The generation rate of this discharge 

depends on the periodicity of cleaning 

and lubrication of the mechanical 

components (e.g., guide rollers and 

bearings) on the elevator car and in the 

elevator shaft and pit, the frequency and 

volume of water from the deck that 

enters the elevator pit, and the 

frequency of elevator use (frequent use 

allows for more deck runoff entry). 

These factors vary greatly among vessel 

classes and between elevators aboard 

any given vessel. Vessel inspections 

conducted during UNDS Phase I, 

however, revealed that elevator pits 

were often dry. 

Approximately 5% of surface vessels, 

all of them belonging to the U.S. Navy 

and MSC, generate elevator pit effluent. 

The U.S. Coast Guard, U.S. Army, U.S 

Air Force, and U.S. Marine Corps 

vessels do not produce elevator pit 

effluent because their vessels do not 

have elevators. 

For more information regarding 

elevator pit effluent, please see the 

elevator pit effluent NOD in Appendix 

A of the Technical Development 

Document—EPA 821–R–99–001. 

2. Environmental Effects 

Elevator pit effluent could negatively 

impact receiving waters due to the 

possible presence of lubricants, cleaning 

solvents, soot, paint chips, and 

constituents of concern (total nitrogen, 

bis(2-ethylhexyl) phthalate, silver, 

chromium, copper, iron, nickel, lead, 

zinc, and phenols). These constituents 

may be present in concentrations that 

could potentially contribute to an 

exceedance of relevant recommended 

water quality criteria. Restricting the 

discharge of elevator pit effluent and the 

associated constituents of concern 

would protect and enhance the quality 

of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose to 

prohibit the direct discharge of elevator 

pit effluent overboard within waters 

subject to UNDS to minimize the 

potential impact to nearshore waters. 

Elevator pit effluent could be discharged 

within waters subject to UNDS but only 

if it is commingled with another 

discharge for the purposes of treatment 

prior to discharge; under no 

circumstances may oils, including oily 

mixtures, be discharged from that 

combined discharge in quantities that 

cause a film or sheen upon or 

discoloration of the surface of the water 

or adjoining shorelines, or cause a 

sludge or emulsion to be deposited 

beneath the surface of the water or upon 

adjoining shorelines, or contain an oil 

content above 15 ppm as measured by 

EPA Method 1664 or other appropriate 

method for determination of oil content 

as accepted by the International 

Maritime Organization (IMO) (e.g., 

International Organization for 

Standardization (ISO) Method 9377) or 

U.S. Coast Guard, or are otherwise 

harmful to the public health or welfare 

of the United States. 

E. Gas Turbine Water Wash 

1. Nature of the Discharge 

Gas turbine water wash is the water 

released from washing gas turbine 

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components (40 CFR 1700.4(l)). Gas 

turbines are used for propulsion and 

electricity generation and are cleaned 

occasionally to remove byproducts that 

accumulate and affect their operation. 

Expected constituents of gas turbine 

water wash include synthetic 

lubricating oil, grease, solvent-based 

cleaning products that contain 

naphthalene, hydrocarbon combustion 

by-products, salts from the marine 

environment, and metals leached from 

metallic turbine surfaces. Gas turbine 

water wash effluent and any drainage of 

residual material from leaks and spills 

usually are either collected and held in 

a dedicated tank system for shore 

disposal or discharged to the 

environment as a commingled 

component of another UNDS discharge. 

The discharge rates and 

concentrations of gas turbine water 

wash vary according to the frequency of 

washdowns. Some U.S. Navy vessels 

conduct gas turbine washdowns as 

frequently as every 48 hours with over 

100 gallons of water wash generated per 

washdown. 

Fewer than 5% of the surface vessels 

(i.e., surface combatants and auxiliary 

support ships) of the Armed Forces have 

shipboard gas turbine systems and 

therefore generate gas turbine water 

wash. Vessels less than 79 feet in length 

are not expected to have gas turbines. 

For more information regarding gas 

turbine water wash, please see the gas 

turbine water wash NOD in Appendix A 

of the Technical Development 

Document—EPA 821–R–99–001. 

2. Environmental Effects 

Gas turbine water wash could 

negatively impact receiving waters due 

to the possible presence of oil, grease, 

and solvent-based cleaning products 

that contain naphthalene. The estimated 

concentration of naphthalene could 

potentially contribute to an exceedance 

of relevant recommended water quality 

criteria, and the concentration of oil also 

could potentially contribute to an 

exceedance of relevant recommended 

water quality criteria because the source 

of this discharge (gas turbine cleaning) 

is designed to dissolve fuel, lubricant, 

and other hydrocarbon deposits. 

Restricting the discharge of gas turbine 

water wash and the associated 

constituents of concern would protect 

and enhance the quality of waters 

subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose to 

prohibit the direct discharge of gas 

turbine water wash overboard within 

waters subject to UNDS. Gas turbine 

water wash should be collected 

separately and disposed of at an onshore 

facility. If gas turbine water wash is 

commingled with any other discharge 

for the purposes of treatment prior to 

discharge, then under no circumstances 

may oils, including oily mixtures, be 

discharged from that combined 

discharge in quantities that cause a film 

or sheen upon or discoloration of the 

surface of the water or adjoining 

shorelines, or cause a sludge or 

emulsion to be deposited beneath the 

surface of the water or upon adjoining 

shorelines, or contain an oil content 

above 15 ppm as measured by EPA 

Method 1664 or other appropriate 

method for determination of oil content 

as accepted by the International 

Maritime Organization (IMO) (e.g., ISO 

Method 9377) or U.S. Coast Guard, or 

are otherwise harmful to the public 

health or welfare of the United States. 

F. Non-Oily Machinery Wastewater 

1. Nature of the Discharge 

Non-oily machinery wastewater 

discharge is the combined wastewater 

from the operation of distilling plants, 

water chillers, valve packings, water 

piping, low- and high-pressure air 

compressors, and propulsion engine 

jacket coolers (40 CFR 1700.4(p)). Nonoily machinery wastewater systems are 

designed to separate the wastewater 

generated from machinery that does not 

contain oil from the wastewater 

generated from machinery that has oil 

content. Vessels have numerous sources 

of non-oily machinery wastewater, 

including distilling plants start-up 

discharge, chilled water condensate 

drains, fresh and saltwater pump drains, 

potable water tank overflows, and leaks 

from propulsion shaft seals. 

Non-oily machinery wastewater 

discharge can contain a suite of 

conventional pollutants, metals, and 

organics (e.g., copper, nickel, silver, 

zinc, mercury, and a variety of 

nutrients). Normally, the discharge is 

drained directly overboard continuously 

as it is produced or is pumped 

overboard intermittently from non-oily 

machinery wastewater tanks. In some 

instances, non-oily machinery 

wastewater may be drained to the bilge. 

Non-oily machinery wastewater 

discharge rates vary by vessel size and 

operation type, ranging from less than 

100 gallons per hour (gph) to over 4,000 

gph. 

Approximately 4% of the vessels of 

the Armed Forces have dedicated nonoily machinery wastewater collection 

systems. Most of the vessels that 

generate this discharge are U.S. Navy 

vessels greater than or equal to 79 feet 

in length. Vessels less than 79 feet in 

length are not expected to generate this 

discharge. 

For more information regarding nonoily machinery wastewater, please see 

the non-oily machinery wastewater 

NOD in Appendix A of the Technical 

Development Document—EPA 821–R– 

99–001. 

2. Environmental Effects 

Non-oily machinery wastewater 

discharges could negatively impact 

receiving waters due to the possible 

presence of metals and other toxic 

pollutants. The constituents of concern 

(bis(2-ethylhexyl) phthalate, copper, 

nickel, and silver) are sometimes 

present in concentrations that could 

potentially contribute to an exceedance 

of relevant recommended water quality 

criteria. Restricting the discharge of 

non-oily machinery wastewater and the 

associated constituents of concern 

would protect and enhance the quality 

of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose to 

require that direct discharges of nonoily machinery wastewater or 

discharges of non-oily machinery 

wastewater that are commingled with 

any other discharge for the purposes of 

treatment prior to discharge be free from 

any additives that are toxic or 

bioaccumulative in nature. In addition, 

under no circumstances may oils, 

including oily mixtures contained in 

non-oily machinery wastewater be 

discharged in quantities that cause a 

film or sheen upon or discoloration of 

the surface of the water or adjoining 

shorelines, or cause a sludge or 

emulsion to be deposited beneath the 

surface of the water or upon adjoining 

shorelines, or contain an oil content 

above 15 ppm as measured by EPA 

Method 1664 or other appropriate 

method for determination of oil content 

as accepted by the International 

Maritime Organization (IMO) (e.g., ISO 

Method 9377) or U.S. Coast Guard, or 

otherwise are harmful to the public 

health or welfare of the United States. 

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G. Photographic Laboratory Drains 

1. Nature of the Discharge 

The photographic laboratory (‘‘photo 

lab’’) drains contain laboratory 

wastewater resulting from the 

processing of photographic film (40 CFR 

1700.4(q)). The wastewater resulting 

from a photographic laboratory aboard a 

vessel is the same as the wastewater that 

would result from a shore-based 

photographic developing facility. The 

wastewater results from the processing 

of color, black-and white, and X-ray 

film. The photographic wastewater 

processing system consists of three 

elements: a film processor, a washwater 

recycle system, and a fixer recycle and 

silver recovery subsystem. These three 

elements contribute to wastewater that 

includes developer solutions, fixers, 

hardener solutions, detergents, rinsewaters, and wastewater from silver 

recovery units. 

Major constituents in the discharge 

can include acetic acid, aluminum 

sulfate, ammonia, boric acid, ethylene 

glycol, sulfuric acid, sodium acetate, 

sodium chloride, ammonium bromide, 

formaldehyde, and silver. These 

constituents also vary based on whether 

the photos use color, black-and-white or 

X-ray film. 

Only U.S. Navy aircraft carriers, 

which represent fewer than 1% of 

vessels of the Armed Forces, are likely 

to produce photographic laboratory 

wastewater, if at all. The widespread 

use of digital photography has nearly 

eliminated the use of wet film 

processing and DoD expects that 

photographic laboratory wastewater 

generation onboard vessels will be 

almost entirely eliminated over time. 

For more information regarding 

photographic laboratory wastewater, 

please see the photographic laboratory 

lab drains NOD in Appendix A of the 

Technical Development Document— 

EPA 821–R–99–001. 

2. Environmental Effects 

Photo lab drain discharges could 

negatively impact receiving waters due 

to the possible presence of metals and 

other toxic pollutants. Specifically, 

concentrations of silver could 

potentially contribute to an exceedance 

of relevant recommended water quality 

criteria. The use of digital photography, 

however, has almost completely 

eliminated the use of wet film 

processing and ultimately the waste 

water produced by photo labs. 

Restricting the discharge of photo lab 

drain discharges and the associated 

constituents of concern would protect 

and enhance the quality of waters 

subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS and 

the seven statutory factors listed in 

CWA § 312(n)(2)(B). EPA and DoD 

propose to prohibit the discharge of 

photographic laboratory drain 

discharges within waters subject to 

UNDS. 

H. Seawater Cooling Overboard 

Discharge 

1. Nature of the Discharge 

Seawater cooling overboard discharge 

is the discharge of seawater from a 

dedicated piping system that provides 

non-contact cooling water for other 

vessel systems (40 CFR 1700.4(r)). The 

seawater cooling system continuously 

provides cooling water to heat 

exchangers, removing heat from main 

propulsion machinery, electrical 

generating plants, and other auxiliary 

equipment. The cooling water is 

typically circulated through an enclosed 

system that does not come in direct 

contact with machinery, but still may 

contain sediment from water intake, 

traces of hydraulic or lubricating oils, 

and trace metals leached or eroded from 

the pipes within the system. In addition, 

because the discharge is used for 

cooling, the effluent will have an 

increased temperature. 

The discharge sometimes contains 

entrained or dissolved materials, 

sediment, and biota because seawater 

cooling water may come in contact with 

sea chests and hull connections. Sea 

chests and hull connections are 

equipped with sea strainer plates to 

prevent debris from entering the 

seawater cooling system (especially 

when in port or in coastal waters) and 

may accumulate sediment and biota 

from the seawater during this process. 

The generation rate of this discharge 

varies depending on many factors, 

including the type of vessel, equipment 

aboard, and vessel operating schedules 

(number of transits and days in port per 

year). Rates can vary from several 

gallons per minute (gpm) for smaller, 

diesel-powered ships to flows of greater 

than 170,000 gpm for aircraft carriers 

during full-power steaming. While 

transiting near port areas, vessels tend 

to operate their propulsion plants at low 

levels that are sufficient to maintain 

steering control and that do not require 

the maximum amount of seawater 

cooling. While anchored or pier-side, 

seawater cooling flow rates are at their 

lowest because only certain auxiliary 

equipment is required. 

All vessels of the Armed Forces (with 

the exception of some non-self 

propelled service craft such as barges) 

use seawater for cooling. The majority of 

the volume of seawater cooling 

overboard discharge, however, is 

generated by approximately 10% of the 

vessel population (i.e., vessels greater 

than or equal to 79 feet in length). 

For more information regarding 

seawater cooling, please see the 

seawater cooling overboard discharge 

NOD in Appendix A of the Technical 

Development Document—EPA 821–R– 

99–001. 

2. Environmental Effects 

Seawater cooling overboard 

discharges could negatively impact 

receiving waters due to the possible 

presence of metals, biota, and increased 

temperature. The constituents of 

concern include nitrogen, copper, iron, 

aluminum, zinc, nickel, tin, silver, 

titanium, arsenic, manganese, 

chromium, lead, and possibly oil and 

grease from valves and pumps. The 

nitrogen, copper, nickel, and silver 

could potentially contribute to an 

exceedance of relevant recommended 

water quality criteria. The potential also 

exists for the transport of ANS because 

the blowdown procedure for the strainer 

plates may dislodge biota that has 

grown on the plate over time. However, 

this may be mitigated by seawater 

piping biofouling prevention systems 

that reduce the discharge of potential 

ANS. Lastly, the temperature of the 

discharge could potentially contribute 

to an exceedance of relevant 

recommended water quality criteria for 

thermal mixing zones while in port. 

Restricting the discharge of seawater 

cooling and the associated constituents 

of concern would protect and enhance 

the quality of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). 

EPA and DoD propose to require a 

performance standard that restricts the 

occurrence of the discharge. 

Specifically, the discharge should occur 

only when the vessel is underway. 

Discharges that occur when the vessel is 

underway ensure dispersion of any 

adverse thermal impacts. In addition, 

the standard would provide for the 

reduction in production and discharge 

of seawater cooling overboard by urging 

the use of shore power in port if: (1) 

Shore power is readily available; (2) 

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shore-based power supply systems are 

capable of providing the needed 

electricity; and (3) the vessel is 

equipped to connect to shore-based 

power. Certain discharges of cooling 

water associated with critical ship 

function (e.g., air conditioning system) 

cannot be eliminated by connecting to 

shore power and are expected to occur 

when the vessel is in port. Specifically, 

EPA and DoD propose to require that, 

for vessels that are greater than or equal 

to 79 feet in length, fouling organisms 

be removed from seawater piping on a 

regular basis and the discharge of such 

removed organisms would be prohibited 

within waters subject to UNDS. For 

vessels that are less than 79 feet in 

length, maintenance of all piping and 

seawater cooling systems would need to 

meet the requirements of 40 CFR 

1700.32 (Seawater Piping Biofouling 

Prevention) and fouling organisms 

removed from seawater piping could not 

be discharged within waters subject to 

UNDS. Submarines have suction 

clearing procedures, which must be 

performed for vessel safety purposes; 

therefore, these operational procedures 

to remove fouling organisms are not 

subject to these requirements. 

I. Seawater Piping Biofouling Prevention 

1. Nature of the Discharge 

Seawater piping biofouling 

prevention is defined as the discharge of 

seawater containing additives used to 

prevent the growth and attachment of 

biofouling organisms in dedicated 

seawater cooling systems on selected 

vessels (40 CFR 1700.4(s)). Biofouling 

prevention is accomplished on certain 

vessels with on-board chlorinators that 

inject low concentrations of sodium 

hypochlorite, a chlorine solution, at or 

near seawater cooling system intakes. 

Seawater piping biofouling prevention 

can occur through several technologies. 

Some vessels prevent biofouling with 

electrolytic chlorinators that use 

naturally occurring dissolved chloride 

to generate chlorine. The resultant free 

chlorine and reaction products from 

saltwater are collectively called 

‘‘chlorine produced oxidants’’ or CPO. 

Discharges from seawater biofouling 

treatment systems are continuous for as 

long as seawater cooling systems are in 

operation. The seawater is pumped 

through heat exchangers where the 

seawater absorbs heat and is then 

discharged overboard. The antibiofouling systems are designed to 

prevent organisms from attaching to any 

part of seawater systems, resulting in 

the discharge of such organisms directly 

overboard in the same geographical area 

in which they are pulled into the 

system. 

The generation rate of this discharge 

varies depending on many factors, 

including the propulsion plant 

operating conditions and the system 

cooling requirements. There is a greater 

demand for cooling water when a vessel 

is underway because the propulsion 

plant is operating. 

Seawater biofouling prevention 

equipment is installed on U.S. Navy 

aircraft carriers, submarines, some MSC 

vessels, most surface combatants, newer 

amphibious support ships, many larger 

auxiliary ships, and some patrol ships, 

all of which represent fewer than 5% of 

the vessels of the Armed Forces. 

For more information regarding 

seawater piping biofouling, please see 

the seawater piping biofouling 

prevention NOD in Appendix A of the 

Technical Development Document— 

EPA 821–R–99–001. 

2. Environmental Effects 

Seawater piping biofouling 

prevention discharges could negatively 

impact receiving waters due to the 

possible presence of chlorinated 

substances. For chlorinator biofouling 

prevention systems, chlorine is 

discharged in concentrations that could 

potentially contribute to an exceedance 

of relevant recommended water quality 

criteria. Restricting the discharge of 

seawater piping biofouling prevention 

and the associated constituents of 

concern would protect and enhance the 

quality of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose a 

performance standard for seawater 

piping biofouling prevention that 

minimizes the amount of biofouling 

chemicals (e.g., chlorine) used to keep 

fouling under control. In addition, 

fouling organisms would need to be 

removed via a cleaning event from 

seawater piping on a regular basis to 

minimize the impact to the receiving 

waters. Fouling organisms removed 

during a cleaning event would be 

prohibited from being discharged within 

waters subject to UNDS to prevent the 

spread of ANS. This prohibition would 

not apply to the discharge of organisms 

resulting from the routine chemical 

biofouling control system nor would it 

apply to submarines. Lastly, this 

performance standard would require 

practices consistent with FIFRA 

registration requirements for seawater 

piping biofouling chemicals and would 

prohibit discharges within waters 

subject to UNDS of pesticides or 

chemicals banned for use in the United 

States. 

J. Small Boat Engine Wet Exhaust 

1. Nature of the Discharge 

Small boat engine wet exhaust 

(SBEWE) is the seawater that is mixed 

and discharged with small boat 

propulsion engine exhaust to cool the 

exhaust and quiet the engine (40 CFR 

1700.4(t)). SBEWE occurs on vessels 

that are less than 79 feet in length. 

Small boat engines commonly use 

seawater to both cool and quiet their 

exhaust. Seawater passes through the 

heat exchanger, gear oil cooler, and 

aftercooler (if equipped), and is then 

injected into the exhaust. When 

injected, some of the gaseous and solid 

components of the exhaust transfer into 

the cooling water; the cooling water 

then discharges into the receiving water. 

Thus, the cooling process can result in 

the accumulation of the following 

constituents: Oxides of nitrogen, sulfur 

dioxide, organic compounds (including 

hydrocarbons), carbon monoxide, and 

particulates. 

SBEWE discharge includes 

constituents from the engine exhaust 

that are transferred to the injected 

seawater and discharged overboard. The 

constituents discharged by outboard 

engines differ from those discharged by 

inboard engines due to the different fuel 

and engine types. Inboard engines 

usually discharge wet exhaust above the 

waterline. Outboard engines generally 

discharge wet exhaust underwater 

through the propeller hub. For naval 

vessels, EPA and DoD estimate that 

outboard engines discharge wet exhaust 

at a rate of 20 gpm while inboard diesel 

engines discharge at a rate of 150 gpm. 

Approximately all of the vessels of the 

Armed Forces less than 79 feet in length 

(5,144) operate with engines that 

generate this discharge. 

For more information regarding 

SBEWE, please see the SBEWE NOD in 

Appendix A of the Technical 

Development Document—EPA 821–R– 

99–001. 

2. Environmental Effects 

SBEWE could negatively impact 

receiving waters due to the possible 

presence of nitrogen oxides, sulfur 

dioxide, carbon monoxide, 

hydrocarbons, and other organic 

compounds and particulates. 

Specifically, benzene, toluene, 

ethylbenzene, and naphthalene 

concentrations in two-stroke outboard 

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engines could potentially contribute to 

an exceedance of relevant recommended 

water quality criteria. Benzene and 

ethylbenzene concentrations in fourstroke outboard engine wet exhaust, and 

total polycyclic aromatic hydrocarbons 

in inboard engine wet exhaust also 

could potentially contribute to an 

exceedance of relevant recommended 

water quality criteria. Restricting the 

discharge of SBEWE and the associated 

constituents of concern would protect 

and enhance the quality of waters 

subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). EPA and DoD propose 

that alternative fuels be used to reduce 

the concentration of pollutants in the 

discharges from SBEWE. In addition, 

the performance standard would 

indicate that, for vessels generating wet 

exhaust, four-stroke engines should be 

considered instead of two-stroke 

engines. Vessels using two-stroke 

engines would be required to use 

environmentally acceptable lubricants 

(found in the proposed definition for 

this term at 40 CFR 1700.3) unless such 

use would be technologically infeasible. 

Additionally, the standard would urge 

that low sulfur alternative fuels should 

be used to reduce the concentration of 

pollutants in discharges from small boat 

engine wet exhaust. 

K. Welldeck Discharges 

1. Nature of the Discharge 

Welldeck discharges are defined as 

the water that accumulates from 

seawater flooding of the docking well 

(welldeck) of an amphibious support 

ship used to transport, load, and unload 

amphibious vehicles, and from 

maintenance and freshwater washings 

of the welldeck and equipment and 

vessels stored in the welldeck (40 CFR 

1700.4(y)). The welldeck is a floodable 

platform used for launching or loading 

small satellite amphibious vehicles, 

landing crafts, and cargo. Welldeck 

discharges may include the following: 

(1) Washout when the ship ballasts to 

embark or disembark landing craft; (2) 

water or detergent and water mixture 

used for air-cushion landing craft gas 

turbine engine washes; (3) graywater 

and condensate that can be discharged 

from the utility landing craft; (4) 

freshwater wash to remove salt and dirt 

from vehicles, equipment, and landing 

craft; and (5) U.S. Department of 

Agriculture washes for the welldeck, 

vehicle storage areas, and all vehicles, 

equipment, and landing craft during 

overseas operations. The constituents 

expected in welldeck discharges include 

freshwater, distilled water, firemain 

water, graywater, air-conditioning 

condensate, sea-salt residues, paint 

chips, wood splinters, dirt, sand, 

organic debris, oil, grease, fuel, 

detergents, combustion by-products, 

and lumber treatment chemicals. 

Depending on the specific activities 

conducted, welldeck discharges may 

contain a variety of residual 

constituents, including oil and grease, 

ethylene glycol (antifreeze), chlorine, 

detergents/cleaners, metals, solvents, 

ANS, and sea-salt residues. Effluent is 

discharged to the environment by 

washout or surge when landing craft are 

operating in the welldeck or when 

washdowns occur. Effluent from the 

various washes performed on the 

welldeck is either discharged as it 

drains overboard from the welldeck or 

is pumped overboard by an eductor, a 

vacuum-like device. The volume of the 

welldeck effluent varies depending on 

the type of landing craft to be loaded or 

unloaded. 

Only U.S. Navy amphibious support 

ships with welldecks, which represent 

fewer than 1% of the vessels of the 

Armed Forces, produce this discharge. 

For more information regarding 

welldeck discharges, please see the 

welldeck discharges NOD in Appendix 

A of the Technical Development 

Document—EPA 821–R–99–001. 

2. Environmental Effects 

Welldeck discharges could negatively 

impact receiving waters due to the 

presence of oil and grease. These 

discharges have the potential to cause 

adverse environmental effects because 

oil drippings spilled during vehicle and 

equipment maintenance could leave an 

oil film on the deck surface. The oil has 

the potential to be discharged overboard 

when the welldeck becomes flooded 

and could possibly create an oil sheen 

that could potentially contribute to an 

exceedance of relevant recommended 

water quality criteria. Restricting the 

discharge of welldeck discharges and 

the associated constituents of concern 

would protect and enhance the quality 

of waters subject to UNDS. 

3. Selection of Marine Pollution Control 

Device Performance Standard 

In selecting the proposed standard, 

EPA and DoD considered the 

information from Phase I of UNDS, the 

VGP effluent limitations, and the seven 

statutory factors listed in CWA 

§ 312(n)(2)(B). 

EPA and DoD propose to prohibit 

welldeck discharges containing 

graywater within waters subject to 

UNDS and would prohibit the 

washdown of gas turbine engines within 

three nautical miles of the United States 

to minimize the impact of oil and grease 

on nearshore waters. Welldeck 

discharges from equipment and vehicle 

washdowns would need to be free from 

garbage, and could not contain oil in 

quantities that cause a film or sheen 

upon or discoloration of the surface of 

the water or adjoining shorelines, or 

cause a sludge or emulsion to be 

deposited beneath the surface of the 

water or upon adjoining shorelines, or 

contain an oil content above 15 ppm as 

measured by EPA Method 1664 or other 

appropriate method for determination of 

oil content as accepted by the 

International Maritime Organization 

(IMO) (e.g., ISO Method 9377) or U.S. 

Coast Guard, or otherwise are harmful to 

the public health or welfare of the 

United States. 

IV. Additional Information of the 

Proposed Rule 

This section provides an overview of 

the additional amendments proposed 

for 40 CFR part 1700. These proposed 

changes include an amendment to 

subsections referenced Effect (§ 1700.2), 

a provision that would authorize certain 

discharges notwithstanding the 

proposed performance standards in 

situations where vessel safety or lives 

are endangered (§ 1700.39), a provision 

that would require combined discharge 

streams to meet the requirements 

applicable to all discharge streams that 

are combined (§ 1700.40), a proposed 

requirement for recordkeeping 

(§ 1700.41), and a proposed requirement 

to report instances of non-compliance 

with MPCD performance standards 

(§ 1700.42). 

1. Amendment to Subsections 

Referenced in § 1700.2 Effect 

EPA and DoD are proposing to amend 

the reference sections noted in the Effect 

Section 1700.2 (a) by amending 

‘‘Federal standards of performance for 

each required Marine Pollution Control 

Device are listed in § 1700.14’’ to 

‘‘Federal standards of performance for 

each required Marine Pollution Control 

Device are listed in §§ 1700.14 through 

1700.38. Federal standards of 

performance apply to all vessels, 

whether existing or new, and regardless 

of vessel class, type, or size, unless 

otherwise expressly provided in 

§§ 1700.14 through 1700.38.’’ 

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2. Reservation of Sections 

As noted previously, EPA and DoD 

are proposing the Phase II standards in 

two batches. For the purpose of 

proposing the second batch, the 

proposal reserves the following sections 

for those future rulemaking actions: 

Section 1700.15 Catapult Water Brake 

Tank & Post-Launch Retraction 

Exhaust; 

Section 1700.17 Clean Ballast; 

Section 1700.18 Compensated Fuel 

Ballast; 

Section 1700.19 Controllable Pitch 

Propeller Hydraulic Fluid; 

Section 1700.20 Deck Runoff; 

Section 1700.21 Dirty Ballast; 

Section 1700.24 Firemain Systems; 

Section 1700.26 Graywater; 

Section 1700.27 Hull Coating 

Leachate; 

Section 1700.28 Motor Gasoline and 

Compensating Discharge; 

Section 1700.34 Sonar Dome 

Discharge; 

Section 1700.35 Submarine 

Bilgewater; 

Section 1700.36 Surface Vessel 

Bilgewater/Oil-Water Separator 

Effluent (OWSE); and 

Section 1700.37 Underwater Ship 

Husbandry. 

3. Section 1700.39 Exceptions 

EPA and DoD propose to add an 

‘‘Exceptions’’ subsection at § 1700.39, 

which would provide a place to identify 

certain excluded discharges from the 

scope of UNDS notwithstanding the 

proposed performance standards in 

situations where vessel safety or lives 

are endangered. The section also would 

identify requirements for maintaining 

records of all discharge exceptions. 

4. Section 1700.40 Commingling of 

Discharges 

EPA and DoD propose to add a 

‘‘Commingling of Discharges’’ 

subsection at § 1700.40. By adding this 

subsection, EPA and DoD propose that 

if two or more regulated discharge 

streams are combined into one, the 

resulting discharge stream must meet 

the requirements applicable to all 

discharge streams that are combined 

prior to discharge. 

5. Section 1700.41 Records 

EPA and DoD propose to add a 

‘‘Records’’ subsection at § 1700.41. By 

adding this subsection, EPA and DoD 

propose recordkeeping requirements 

that shall document all inspections, 

instances of non-compliance, and 

instances of an exception. 

6. Section 1700.42 Non-Compliance 

Reports 

EPA and DoD propose to add a ‘‘NonCompliance Reports’’ subsection at 

§ 1700.42. By adding this subsection, 

EPA and DoD propose reporting 

requirements for any non-compliance 

with performance standards prescribed 

for this Part. 

V. Related Acts of Congress and 

Executive Orders 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden, as EPA 

and DoD have determined that Phase II 

of UNDS does not create any additional 

collections of information beyond those 

already mandated under the existing 

Phase I of UNDS. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations (40 CFR part 1700) 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2040–0187. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of the proposed rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

The proposed rule has no direct 

effects on small entities as it only 

applies to discharges from a vessel of 

the Armed Forces. Small entities do not 

own or operate vessels of the Armed 

Forces. Hence, after considering the 

economic impacts of the proposed rule 

on small entities, EPA and DoD certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. The 

action implements mandates 

specifically and explicitly set forth by 

the Congress in UNDS. The proposed 

rule contains no Federal mandates 

(under the regulatory provisions of Title 

II of the UMRA) for state, local, or tribal 

governments or the private sector 

because the rule imposes no enforceable 

duty on any of these entities. Therefore, 

the proposed rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. EPA and DoD have 

determined that the proposed rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

In developing the proposed rule, EPA 

consulted with small governments 

under a plan developed pursuant to 

section 203 of UMRA concerning the 

regulatory requirements in the proposed 

rule that might significantly or uniquely 

affect small governments. EPA and DoD 

notified potentially affected small 

governments of those requirements; 

enabled officials of affected small 

governments to have meaningful and 

timely input into the development of 

regulatory proposals with any 

significant Federal intergovernmental 

mandates; and informed, educated, and 

advised small governments on 

compliance with the regulatory 

requirements. For more information on 

the consultations conducted with state 

and local or tribal governments, consult 

the sections below regarding Executive 

Order 13132 and Executive Order 

13175, respectively. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires Federal agencies to 

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develop an accountable process to 

ensure ‘‘meaningful and timely input by 

state and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ Under Executive 

Order 13132, Federal agencies may not 

issue a regulation that has federalism 

implications and that preempts state 

law, unless the Agency consults with 

state and local officials early in the 

process of developing the proposed 

regulation. 

EPA and DoD concluded that the 

proposed rule, once finalized in Phase 

III, will have federalism implications. 

Once the proposed national discharge 

performance standards are promulgated 

in Phase III by DoD, adoption and 

enforcement of new or existing state or 

local regulations for the discharges will 

be preempted. Accordingly, EPA and 

DoD provide the following federalism 

summary impact statement as required 

by section 6(c) of Executive Order 

13132. 

During Phase I of UNDS, EPA and 

DoD conducted two rounds of 

consultation meetings (i.e., outreach 

briefings) to allow states to have 

meaningful and timely input into the 

development of the rulemaking. 

Twenty-two states accepted the offer to 

be briefed on UNDS and discuss state 

concerns. EPA and DoD provided 

clarification on the technical aspects of 

the UNDS process, including 

preliminary discharge determinations 

and analytical information supporting 

decisions to control or not control 

discharges. State representatives were 

provided with discharge summaries 

containing the description, analysis, and 

preliminary determination of each of the 

39 discharges from vessels of the Armed 

Forces—25 of which were determined to 

require control. 

During Phase II, EPA and DoD 

consulted again with state 

representatives early in the process of 

developing the proposed regulation. On 

March 14, 2013, EPA held a Federalism 

consultation in Washington, DC, and 

invited representatives from states and 

political subdivisions of states in order 

to obtain meaningful and timely input 

in the development of the proposed 

discharge standards. EPA and DoD 

informed the state representatives that 

the two agencies planned to use the 

VGP effluent limitations as a baseline 

for developing the proposed 

performance standards for the 25 UNDS 

discharges identified in Phase I as 

requiring control. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires 

Federal agencies to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ The UNDS rulemaking 

will not impact vessels operated by 

tribes because the rule only regulates 

discharges from vessels of the Armed 

Forces. However, tribes may be 

interested in this action because vessels 

of the Armed Forces, including U.S. 

Coast Guard vessels, may operate in or 

near tribal waters. EPA hosted a 

National Teleconference on March, 26, 

2013, in order to obtain meaningful and 

timely input during the development of 

the proposed discharge standards. EPA 

and DoD informed the representatives 

that the two agencies planned to use the 

VGP effluent limitations as a baseline 

for developing the performance 

standards for the 25 UNDS discharges 

identified in Phase I as requiring 

control. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

applies to any rule that is determined to 

be ‘‘economically significant’’ as 

defined under Executive Order 12866, 

and concerns an environmental health 

or safety risk that EPA and DoD have 

reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

EPA and DoD must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by EPA and DoD. 

The proposed rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866, and because 

EPA and DoD do not have reason to 

believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children. The 11 proposed discharge 

standards are designed to control 

discharges incidental to the normal 

operation of a vessel of the Armed 

Forces that could adversely affect 

human health and the environment. The 

standards will reduce the impacts to the 

receiving waters and any person using 

the receiving waters, regardless of age. 

For these reasons, EPA and DoD do not 

have reason to believe that the proposed 

rule will present a disproportionate risk 

to children. 

H. Executive Order 13211: Actions That 

Concern Regulations That Significantly 

Affect Energy Supply, Distribution, and 

Use 

The proposed rule is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) because the proposed 

rule is not likely to have any adverse 

energy effects because it only applies to 

discharges incidental to the normal 

operation of a vessel of the Armed 

Forces. The 11 discharges from a vessel 

of the Armed Forces do not affect energy 

supply, distribution, or use. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

Federal agencies to use voluntary 

consensus standards in their regulatory 

activities unless doing so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. When available and 

potentially applicable voluntary 

consensus standards are not used by 

EPA or DoD, NTTAA requires EPA and 

DoD to provide Congress, through OMB, 

an explanation of the reasons for not 

using such standards. 

The proposed rule involves 

performance standards for certain 

discharges from a vessel of the Armed 

Forces. EPA and DoD performed a 

search to identify potentially applicable 

voluntary consensus standards. EPA 

and DoD determined that the ISO 

Method 9377—determination of 

hydrocarbon oil index—is a voluntary 

consensus standard and is being used as 

part of the proposed UNDS performance 

standards. 

J. Executive Order 13112: Invasive 

Species 

Executive Order 13112, entitled 

‘‘Invasive Species’’ (64 FR 6183, 

February 8, 1999), requires each Federal 

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agency, whose actions may affect the 

status of invasive species, identify such 

actions, and, subject to the availability 

of appropriations, use relevant programs 

and authorities to, among other things, 

prevent, detect, control, and monitor the 

introduction of invasive species. As 

defined by this Executive Order, 

‘‘invasive species’’ means an alien 

species whose introduction does or is 

likely to cause economic or 

environmental harm or harm to human 

health. 

As part of the environmental effects 

analyses, EPA and DoD considered the 

control of invasive species when 

developing the proposed discharge 

performance standards for all 11 

discharges (See Section II). Therefore, 

the proposed discharge standards will 

help prevent or control the introduction 

of invasive species into federallyprotected waters and waters subject to 

UNDS. 

K. Executive Order 13089: Coral Reef 

Protection 

Executive Order 13089, entitled 

‘‘Coral Reef Protection’’ (63 FR 32701, 

June 16, 1998), requires all Federal 

agencies to identify actions that may 

affect U.S. coral reef ecosystems; utilize 

their programs and authorities to protect 

and enhance the conditions of such 

ecosystems; and to the extent permitted 

by law, ensure that any actions they 

authorize, fund, or carry out will not 

degrade the conditions of such 

ecosystems. The proposed discharge 

standards are designed to control or 

eliminate the discharges incidental to 

the normal operation of a vessel of the 

Armed Forces, ultimately minimizing 

the potential for causing adverse 

impacts to the marine environment 

including coral reefs. 

L. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February, 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The proposed discharge performance 

standards would only apply to a vessel 

of the Armed Forces and would 

ultimately increase environmental 

protection; therefore, EPA and DoD 

determined that the proposed discharge 

performance standards would not 

disproportionately and adversely affect 

minority or low-income populations. 

VI. APPENDIX A—DESCRIPTION OF 

VESSELS OF THE ARMED FORCES 

TABLE A–1 

Vessel type 

Total vessels of the armed forces 

Large vessels 

(greater than or equal to 79 feet) 

Small vessels 

(less than 79 feet) 

Count % of vessels Count % of vessels 

Aircraft Carriers ................................................................................ 11 1 ............................ ............................

Amphibious Support Ships .............................................................. 37 3 ............................ ............................

Auxiliary Ships ................................................................................. 368 32 ............................ ............................

Boats ................................................................................................ ............................ ............................ 5,132 100 

Patrol Ships ..................................................................................... 203 17 ............................ ............................

Service Craft .................................................................................... 355 31 12 < 1 

Submarines ...................................................................................... 72 6 ............................ ............................

Surface Combatants ........................................................................ 115 10 ............................ ............................

Total ................................................................................... 1,161 100 5,144 100 

Table A–1 provides information regarding the composition of vessels of the Armed Forces by vessel type and vessel size. 

Aircraft Carriers: These are the largest 

vessels of the Armed Forces. They are 

designed primarily for conducting 

combat operations by fixed wing aircraft 

that are launched with catapults. 

Nuclear energy powers all vessels in 

this group. Aircraft carriers exceed 

1,000 feet in length, and have crews of 

4,000 to 6,000. Except during transit in 

and out of port, these vessels operate 

predominantly seaward of waters 

subject to UNDS. 

Amphibious Support Ships: These are 

large vessels, ranging in length from 569 

feet to 847 feet, designed to support 

amphibious assault operations. Many of 

these vessels have large clean ballast 

tanks used to lower and raise the hull 

during amphibious operations, and 

welldecks to support the recovery of 

landing crafts and amphibious vehicles. 

These large ocean-going vessels may 

operate within waters subject to UNDS 

during training and testing of 

equipment. 

Auxiliary Ships: This is a large and 

diverse group of self-propelled vessels 

with lengths equal to or greater than 79 

feet and designed to provide general 

support to either combatant forces or 

shore-based establishments. These ships 

fulfill multiple duties including but not 

limited to transporting supplies (e.g., 

fuel, ammunitions) and troops to and 

from the theater of operations, executing 

mine countermeasures operations, 

conducting research, maintaining 

navigations systems (e.g., buoys), and 

recovering targets and drones. This 

vessel class has crew sizes ranging from 

10 to 200 people. Depending on mission 

and operation requirements, these 

vessels operate both within and seaward 

of waters subject to UNDS. 

Boats: This type of vessel 

encompasses 81% of the vessels of the 

Armed Forces and includes all selfpropelled vessels less than 79 feet in 

length. These vessels are used for such 

roles as security, combat operations, 

rescue, and training. Because of their 

relative small size, these vessels have 

small crews that range from 1 to 19, and 

produce limited sources of liquid 

discharges. These vessels operate 

predominantly within waters subject to 

UNDS, but may operate seaward of 

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waters subject to UNDS when deployed 

from larger ships. 

Patrol Ships: These are self-propelled 

vessels with lengths equal to or greater 

than 79 feet, and are designed to 

conduct patrol duties (i.e., maritime 

homeland security, law enforcement, 

and national defense missions). Vessels 

in this group have crew sizes ranging 

from 10 to 200. Some vessels in this 

group may operate seaward of waters 

subject to UNDS, but the majority 

predominantly operates within waters 

subject to UNDS conducting security 

patrol missions. 

Service Craft: This is a diverse group 

of non-self-propelled vessel classes 

designed to provide general support to 

other vessels in the Armed Forces fleet 

or shore-based establishments. Vessel 

classes in this group have an average 

length of 155 feet with more than 95% 

of them being between 40 feet and 310 

feet. While most of these vessels have a 

very limited crew or no crew, barracks 

craft can provide sleeping 

accommodations for 100 to 1,200 crew 

members. These vessels include 

multiple barges and lighter designs, 

dredges, floating dry docks, floating 

cranes, floating causeway ferries, 

floating roll-on-off discharge facilities, 

dry deck shelters, floating workshops, 

and floating barracks. These vessels 

operate predominantly within waters 

subject to UNDS. 

Submarines: These submersible 

combat vessels powered with nuclear 

energy can fulfill combatant, auxiliary, 

or research and development roles. 

Except during transit in and out of port, 

these vessels operate predominantly 

seaward of waters subject to UNDS. 

Surface Combatants: These are 

surface ships designed primarily to 

engage in attacks against airborne, 

surface, sub-surface, and shore targets. 

Vessel classes in this group range in 

length from 378 feet to 567 feet, and 

have crew sizes that range from 40 for 

the Littoral Combat Ship to under 400 

for a Guided Missile Destroyer or 

Cruiser. Except during transit in and out 

of port, these vessels operate 

predominantly seaward of waters 

subject to UNDS. 

Uniform National Discharge Standards 

for Vessels of the Armed Forces—Phase 

II 

List of Subjects in 40 CFR Part 1700 

Environmental protection, Armed 

Forces, Vessels, Coastal zone, Reporting 

and recordkeeping requirements, Water 

pollution control. 

Dated: December 20, 2013. 

Gina McCarthy, 

Administrator, Environmental Protection 

Agency. 

Dated: January 15, 2014. 

Dennis McGinn, 

Assistant Secretary of the Navy,Energy, 

Installations & Environment. 

For the reasons stated in the 

preamble, title 40, chapter VII, of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 1700—UNIFORM NATIONAL 

DISCHARGE STANDARDS FOR 

VESSELS OF THE ARMED FORCES 

■ 1. The authority citation for 40 CFR 

part 1700 continues to read as follows: 

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

Subpart A—Scope 

■ 2. Amend § 1700.2 by revising 

paragraph (a) to read as follows: 

§ 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 

§ 1700.4. Discharges not requiring 

control are identified in § 1700.5. 

Federal standards of performance for 

each required Marine Pollution Control 

Device are listed in §§ 1700.14 through 

1700.38. Federal standards of 

performance apply to all vessels, 

whether existing or new, and regardless 

of vessel class, type, or size, unless 

otherwise expressly provided in 

§§ 1700.14 through 1700.38. 

* * * * * 

■ 3. Section 1700.3 is amended by 

adding in alphabetical order definitions 

for ‘‘Bioaccumulative,’’ 

‘‘Biodegradable,’’ ‘‘Environmentally 

acceptable lubricants,’’ ‘‘Federallyprotected waters,’’ ‘‘Hazardous 

material,’’ ‘‘Non-toxic,’’ ‘‘Person in 

charge,’’ ‘‘Toxic materials,’’ and ‘‘Waters 

subject to UNDS’’ to read as follows: 

§ 1700.3 Definitions. 

* * * * * 

Bioaccumulative means the partition 

coefficients in the marine environment 

are log Kow >3 using test Methods 

OECD 117 and 107. 

Biodegradable means: 

(1) Regarding cleaning products and 

environmentally acceptable lubricants, 

‘‘biodegradable’’ means the compound 

or mixture in question that is subject 

either to the removal of at least 70 

percent of dissolved organic carbon, 

production of at least 60 percent of the 

theoretical carbon dioxide, or 

consumption of at least 60 percent of 

the theoretical oxygen demand within 

28 days. Acceptable test methods 

include: Organization for Economic Cooperation and Development Test 

Guidelines 301 A–F, 306, and 310, and 

International Organization for 

Standardization 14593:1999. 

(2) Regarding biocidal substances, 

‘‘biodegradable’’ means the compound 

or mixture in question yields 60 percent 

of its theoretical maximum carbon 

dioxide and demonstrate a removal of at 

least 70 percent of dissolved organic 

carbon within 28 days as described in 

EPA 712–C–98–075 (OPPTS 835.3100 

Aerobic Aquatic Biodegradation). 

* * * * * 

Environmentally acceptable 

lubricants means lubricants that are 

‘‘biodegradable’’ and ‘‘non-toxic,’’ and 

are not ‘‘bioaccumulative’’ as defined in 

this Subpart. Products meeting the 

definition of ‘‘environmentally 

acceptable lubricant’’ include those 

labeled by the following labeling 

programs: Blue Angel, European 

Ecolabel, Nordic Swan, the Swedish 

Standards SS 1554434 and 155470, 

Convention for the Protection of the 

Marine Environment of the North-East 

Atlantic (OSPAR) requirements, and 

EPA’s Design for the Environment (DfE). 

* * * * * 

Federally-protected waters means 

waters within 12 nautical miles of the 

United States that are also part of any 

of the following: 

(1) Marine sanctuaries designated 

under the National Marine Sanctuaries 

Act (16 U.S.C. 1431 et seq.) or Marine 

National Monuments designated under 

the Antiquities Act of 1906; 

(2) A unit of the National Wildlife 

Refuge System, including Wetland 

Management Districts, Waterfowl 

Production Areas, National Game 

Preserves, Wildlife Management Areas, 

and National Fish and Wildlife Refuges; 

(3) National Wilderness Areas; and 

(4) Any component designated under 

the National Wild and Scenic Rivers 

System. 

Hazardous material means any 

hazardous material as defined in 49 CFR 

171.8. 

* * * * * 

Non-toxic means a substance must 

pass both OECD 201, 202, and 203 for 

acute toxicity testing, and OECD 210 

and 211 for chronic toxicity testing. If a 

substance is evaluated for the 

formulation and main constituents, the 

LC50 of hydraulic fluids must be at least 

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100 mg/L and the LC50 of greases, twostroke oils, and all other total loss 

lubricants must be at least 1000 mg/L. 

If a substance is evaluated for each 

constituent substance, rather than the 

complete formulation and main 

compounds, then constituents 

comprising less than 20 percent of 

hydraulic fluids can have an LC50 

between 10–100 mg/L or a no observed 

effect concentration (NOEC) between 1– 

10 mg/L, constituents comprising less 

than 5 percent of hydraulic fluids can 

have an LC50 between 1–10 mg/L or a 

NOEC between 0.1–1 mg/L, and 

constituents comprising less than 1 

percent of hydraulic fluids can have an 

LC50 less than 1 mg/L or a NOEC 

between 0–0.1 mg/L. 

Person in charge (PIC) means the 

single individual named master of the 

vessel or placed in charge of the vessel, 

by the U.S. Department of Defense or by 

the Department in which the U.S. Coast 

Guard is operating, as appropriate, and 

who is responsible for the operation, 

manning, victualing, and supplying of 

the vessel of the Armed Forces. 

(1) Examples of a PIC include but are 

not limited to: 

(i) A Commanding Officer, Officer in 

Charge, or senior commissioned officer 

on board the vessel; 

(ii) A civilian, military, or U.S. Coast 

Guard person assigned to a shore 

command or activity that has been 

designated as the PIC for one or more 

vessels, such as a group of boats or craft; 

(iii) A Tugmaster, Craftmaster, 

Coxswain, or other senior enlisted 

person onboard the vessel; 

(iv) A licensed civilian mariner 

onboard a Military Sealift Command 

vessel; or 

(v) A contracted commercial person at 

a shore installation that is not part of the 

Armed Forces but as identified by the 

U.S. Department of Defense or the 

Department in which the U.S. Coast 

Guard is operating. 

* * * * * 

Toxic materials means any toxic 

pollutant identified in 40 CFR 401.15. 

* * * * * 

Waters subject to UNDS means the 

navigable waters of the United States, 

including the territorial seas and the 

waters of the contiguous zone, as these 

terms are defined in the Clean Water 

Act (33 U.S.C. 1362). 

■ 4. Revise Subpart D to read as follows: 

Subpart D—Marine Pollution Control Device 

(MPCD) Performance Standards 

Sec. 

1700.14 Aqueous film-forming foam. 

1700.15 [Reserved]. 

1700.16 Chain locker effluent. 

1700.17 [Reserved]. 

1700.18 [Reserved]. 

1700.19 [Reserved]. 

1700.20 [Reserved]. 

1700.21 [Reserved]. 

1700.22 Distillation and reverse osmosis 

brine. 

1700.23 Elevator pit effluent. 

1700.24 [Reserved]. 

1700.25 Gas turbine water wash. 

1700.26 [Reserved]. 

1700.27 [Reserved]. 

1700.28 [Reserved]. 

1700.29 Non-oily machinery wastewater. 

1700.30 Photographic laboratory drains. 

1700.31 Seawater cooling overboard 

discharge. 

1700.32 Seawater piping biofouling 

prevention. 

1700.33 Small boat engine wet exhaust. 

1700.34 [Reserved]. 

1700.35 [Reserved]. 

1700.36 [Reserved]. 

1700.37 [Reserved]. 

1700.38 Welldeck discharges. 

1700.39 Exceptions. 

1700.40 Commingling of discharges. 

1700.41 Records. 

1700.42 Non-compliance reports. 

Subpart D—Marine Pollution Control 

Device (MPCD) Performance Standards 

§ 1700.14 Aqueous film-forming foam. 

(a) For the purposes of this section, 

regulated aqueous film-forming foam 

(AFFF) refers only to firefighting foam 

and seawater mixture discharged during 

training, testing, or maintenance 

operations. 

(b) For vessels that sail seaward of 

waters subject to UNDS at least once per 

month, discharges of AFFF are 

prohibited (i.e., collect and store for on 

shore disposal or discharge when the 

vessel is located seaward of waters 

subject to UNDS). 

(c) For vessels that do not sail 

seaward of waters subject to UNDS at 

least once per month: 

(1) Discharges of fluorinated AFFF are 

prohibited (i.e., collect and store for 

onshore disposal or discharge when the 

vessel is located seaward of waters 

subject to UNDS); and 

(2) Discharges of a non-fluorinated or 

alternative foaming agent are prohibited 

in port or in or near federally-protected 

waters, and should occur as far from 

shore as possible. 

§ 1700.15 [Reserved]. 

§ 1700.16 Chain locker effluent. 

(a) For all vessels, except submarines, 

the anchor chain must be carefully and 

thoroughly washed down (i.e., more 

than a cursory rinse) as it is being 

hauled out of the water to remove 

sediment and organisms. 

(b) For all vessels, the chain lockers 

must be cleaned periodically to 

eliminate accumulated sediments and 

any potential accompanying pollutants. 

The dates of all chain locker inspections 

must be recorded in the ship’s log or 

other vessel recordkeeping 

documentation. 

(c) For vessels that sail seaward of 

waters subject to UNDS at least once per 

month, chain lockers shall not be rinsed 

or pumped out within waters subject to 

UNDS. If technically feasible, the chain 

locker shall be periodically cleaned, 

rinsed, and/or the accumulated water 

and sediment (i.e., chain locker effluent) 

shall be pumped out prior to entering 

waters subject to UNDS (preferably in 

mid-ocean). 

(d) For vessels that do not sail 

seaward of waters subject to UNDS at 

least once per month, if a discharge of 

chain locker effluent occurs within 

waters subject to UNDS it shall occur at 

the greatest distance practicable from 

shore and, if technically feasible, shall 

not be discharged in federally-protected 

waters. 

§ 1700.17 [Reserved]. 

§ 1700.18 [Reserved]. 

§ 1700.19 [Reserved]. 

§ 1700.20 [Reserved]. 

§ 1700.21 [Reserved]. 

§ 1700.22 Distillation and reverse osmosis 

brine. 

Brine from the distillation system and 

reverse osmosis reject water shall not be 

discharged if it comes in contact with 

machinery or industrial equipment 

(other than distillation or reverse 

osmosis machinery), toxic or hazardous 

materials, or wastes. 

§ 1700.23 Elevator pit effluent. 

Direct discharges of elevator pit 

effluent overboard are prohibited. 

Notwithstanding the prohibition of 

direct discharges of elevator pit effluent 

overboard, if the elevator pit effluent is 

commingled with any other discharge 

for the purposes of treatment prior to 

discharge, then under no circumstances 

may oils, including oily mixtures, be 

discharged from that combined 

discharge in quantities that: 

(a) Cause a film or sheen upon or 

discoloration of the surface of the water 

or adjoining shorelines; or 

(b) Cause a sludge or emulsion to be 

deposited beneath the surface of the 

water or upon adjoining shorelines; or 

(c) Contain an oil content above 15 

ppm as measured by EPA Method 1664 

or other appropriate method for 

determination of oil content as accepted 

by the International Maritime 

Organization (IMO) (e.g., ISO Method 

9377) or U.S. Coast Guard; or 

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(d) Otherwise are harmful to the 

public health or welfare of the United 

States. 

§ 1700.24 [Reserved]. 

§ 1700.25 Gas turbine water wash. 

Direct discharges of gas turbine water 

wash overboard are prohibited. Gas 

turbine water wash should be collected 

separately and disposed of at an onshore 

facility. Notwithstanding the 

prohibition of direct discharges of gas 

turbine water wash overboard, if the gas 

turbine water wash is commingled with 

any other discharge for the purposes of 

treatment prior to discharge then under 

no circumstances may oils, including 

oily mixtures be discharged from that 

combined discharge in quantities that: 

(a) Cause a film or sheen upon or 

discoloration of the surface of the water 

or adjoining Shorelines; or 

(b) Cause a sludge or emulsion to be 

deposited beneath the surface of the 

water or upon adjoining shorelines; or 

(c) Contain an oil content above 15 

ppm as measured by EPA Method 1664 

or other appropriate method for 

determination of oil content as accepted 

by the International Maritime 

Organization (IMO) (e.g., ISO Method 

9377) or U.S. Coast Guard; or 

(d) Otherwise are harmful to the 

public health or welfare of the United 

States. 

§ 1700.26 [Reserved]. 

§ 1700.27 [Reserved]. 

§ 1700.28 [Reserved]. 

§ 1700.29 Non-oily machinery wastewater. 

If non-oily machinery wastewater is 

discharged directly overboard or if it is 

commingled with any other discharge 

for the purposes of treatment prior to 

discharge, then the discharge must be 

free from any additives that are toxic or 

bioaccumulative in nature and under no 

circumstances may oils, including oily 

mixtures be discharged from that 

combined discharge in quantities that: 

(a) Cause a film or sheen upon or 

discoloration of the surface of the water 

or adjoining shorelines; or 

(b) Cause a sludge or emulsion to be 

deposited beneath the surface of the 

water or upon adjoining shorelines; or 

(c) Contain an oil content above 15 

ppm as measured by EPA Method 1664 

or other appropriate method for 

determination of oil content as accepted 

by the International Maritime 

Organization (IMO) (e.g., ISO Method 

9377) or U.S. Coast Guard; or 

(d) Otherwise are harmful to the 

public health or welfare of the United 

States. 

§ 1700.30 Photographic laboratory drains. 

Direct discharges of photographic 

laboratory drains overboard are 

prohibited. 

§ 1700.31 Seawater cooling overboard 

discharge. 

For discharges from vessels that are 

less than 79 feet in length: 

(a) When possible, non-contact engine 

cooling water, hydraulic system cooling 

water, refrigeration cooling water and 

other seawater cooling overboard 

discharges should occur when the 

vessel is underway in order to minimize 

any thermal impacts to the receiving 

water. 

(b) To reduce the production and 

discharge of seawater cooling overboard 

discharge, the vessel should use shore 

based power when in port if: 

(1) Shore power is readily available 

for the vessel from utilities or port 

authorities; and 

(2) Shore based power supply systems 

are capable of providing all needed 

electricity required for vessel 

operations; and 

(3) The vessel is equipped to connect 

to shore-based power and such systems 

are compatible with the available shore 

power. 

(c) Fouling organisms must be 

removed from seawater piping on a 

regular basis. Fouling organisms 

removed during cleanings shall not be 

discharged. 

For discharges from vessels that are 

greater than or equal to 79 feet in length: 

(d) When possible, non-contact engine 

cooling water, hydraulic system cooling 

water, refrigeration cooling water and 

other seawater cooling overboard 

discharges should occur when the 

vessel is underway in order to minimize 

any thermal impacts to the receiving 

waters. 

(e) To reduce the production and 

discharge of seawater cooling overboard 

discharge, the vessel should use shore 

based power when in port if: 

(1) Shore power is readily available 

for the vessel from utilities or port 

authorities; and 

(2) Shore based power supply systems 

are capable of providing all needed 

electricity required for vessel 

operations; and 

(3) The vessel is equipped to connect 

to shore-based power and such systems 

are compatible with the available shore 

power. 

(f) Maintenance of all piping and 

seawater cooling systems must meet the 

requirements of § 1700.32 (Seawater 

Piping Biofouling Prevention). For all 

vessels, except submarines, fouling 

organisms removed during maintenance 

shall not be discharged. 

§ 1700.32 Seawater piping biofouling 

prevention. 

(a) Seawater piping biofouling 

chemicals subject to registration under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) (40 CFR 

152.15) must be used in accordance 

with the FIFRA label. Pesticides or 

chemicals banned for use in the United 

States shall not be discharged. 

(b) Only the minimum amount of 

biofouling chemicals should be used to 

keep fouling under control. 

(c) Fouling organisms must be 

removed from seawater piping on a 

regular basis. For all vessels, except 

submarines, fouling organisms removed 

during cleanings shall not be 

discharged. 

§ 1700.33 Small boat engine wet exhaust. 

For discharges from vessels that are 

less than 79 feet in length: 

(a) Vessels generating small boat 

engine wet exhaust must be maintained 

in good operating order, well tuned, and 

functioning according to manufacturer 

specifications in order to decrease 

pollutant concentrations and volumes in 

small boat engine wet exhaust. 

(b) Low sulfur or alternative fuels 

should be used to reduce the 

concentration of pollutants in 

discharges from small boat engine wet 

exhaust. 

(c) If possible, use four-stroke engines 

instead of two-stroke engines for vessels 

generating small boat engine wet 

exhaust. Use of a four-stroke engine may 

minimize the discharge of pollutants. 

(d) Vessels using two-stroke engines 

must use environmentally acceptable 

lubricants unless use of such lubricants 

is technologically infeasible. If 

technologically infeasible, the use and 

justification for the use of a nonenvironmentally acceptable lubricant 

must be recorded in the vessel 

recordkeeping documentation. 

§ 1700.34 [Reserved]. 

§ 1700.35 [Reserved]. 

§ 1700.36 [Reserved]. 

§ 1700.37 [Reserved]. 

§ 1700.38 Welldeck discharges. 

Welldeck discharges that contain 

graywater from smaller vessels are 

prohibited. Welldeck discharges 

containing washdown from gas turbine 

engines are prohibited within three 

nautical miles of the United States and 

shall be discharged seaward of waters 

subject to UNDS when possible. 

Welldeck discharges from equipment 

and vehicle washdowns must be free 

from garbage and must not contain oil 

in quantities that: 

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Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Proposed Rules 6135 

(a) Cause a film or sheen upon or 

discoloration of the surface of the water 

or adjoining shorelines; or 

(b) Cause a sludge or emulsion to be 

deposited beneath the surface of the 

water or upon adjoining shorelines; or 

(c) Contain an oil content above 15 

ppm as measured by EPA Method 1664 

or other appropriate method for 

determination of oil content as accepted 

by the International Maritime 

Organization (IMO) (e.g., ISO Method 

9377) or U.S. Coast Guard; or 

(d) Otherwise are harmful to the 

public health or welfare of the United 

States. 

§ 1700.39 Exceptions. 

(a) Notwithstanding each of the MPCD 

performance standards established in 

this Part, a vessel of the Armed Forces 

is authorized to discharge, into waters 

subject to UNDS, when the person in 

charge (PIC) or their designated 

representative determines that such 

discharge is necessary to prevent loss of 

life, personal injury, vessel 

endangerment, or severe damage to the 

vessel. 

(b) A vessel of the Armed Forces must 

maintain the following records for all 

discharges under paragraph (a) of this 

section: 

(1) Name and title of the PIC who 

determined the necessity of the 

discharge; 

(2) Date, location, and estimated 

volume of the discharge; 

(3) Explanation of the reason the 

discharge occurred; and 

(4) Actions taken to avoid, minimize, 

or otherwise mitigate the discharge. 

(c) All records prepared under 

paragraph (b) of this section must be 

maintained in accordance with 

§ 1700.41. 

§ 1700.40 Commingling of discharges. 

If two or more regulated discharge 

streams are combined into one, the 

resulting discharge stream must meet 

the requirements applicable to all 

discharge streams that are combined 

prior to discharge. 

§ 1700.41 Records. 

(a) All records shall be generated and 

maintained in the ship’s logs (main, 

engineering, and/or damage control) or 

an UNDS Record Book and shall include 

the following information: 

(1) Vessel owner information (e.g., 

U.S. Navy, U.S. Coast Guard); 

(2) Vessel name and class; and 

(3) Name of the PIC. 

(b) The PIC shall maintain complete 

records of the following information: 

(1) Any inspection or recordkeeping 

requirement as specified in §§ 1700.14– 

1700.38; 

(2) Any instance of an exception and 

the associated recordkeeping 

requirements as specified in § 1700.39; 

and 

(3) Any instance of non-compliance 

with any of the performance standards 

as specified in §§ 1700.14–1700.38. The 

information recorded shall include the 

following: 

(i) Description of any non-compliance 

and its cause; 

(ii) Date of non-compliance; 

(iii) Period of non-compliance (time 

and duration); 

(iv) Location of the vessel during noncompliance; 

(v) Corrective action taken; 

(vi) Steps taken or planned to reduce, 

eliminate, and prevent non-compliance 

in the future; and 

(vii) If the non-compliance has not 

been corrected, an estimate of the time 

the non-compliance is expected to 

continue. 

(c) All records prepared under this 

section must be maintained for a period 

of five years from the date they are 

created. The information in this 

paragraph will be available to EPA, 

states, or the U.S. Coast Guard upon 

request. Any information made 

available upon request shall be 

appropriately classified, as applicable, 

and handled in accordance with 

applicable legal requirements regarding 

national security. 

§ 1700.42 Non-compliance reports. 

The person in charge (PIC) must 

report any non-compliance, including 

the information as required under 

§ 1700.41, to the Armed Service’s 

designated office in writing and/or 

electronically within five days of the 

time the PIC becomes aware of the 

circumstances. 

[FR Doc. 2014–01370 Filed 1–31–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 5, 6, 18, 19, and 52 

[FAR Case 2012–022; Docket 2012–0022; 

Sequence 1] 

RIN 9000–AM68 

Federal Acquisition Regulation; 

Contracts Under the Small Business 

Administration 8(a) Program 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement revisions made by the Small 

Business Administration (SBA) to its 

regulations implementing section 8(a) of 

the Small Business Act, and to provide 

additional FAR coverage regarding 

protesting an 8(a) participant’s 

eligibility or size status, procedures for 

releasing a requirement for non-8(a) 

procurements, and the ways a 

participant could exit the 8(a) Business 

Development program. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addressees 

shown below on or before April 4, 2014 

to be considered in the formation of the 

final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2012–022 by any 

of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FAR Case 2012–022.’’ 

Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘FAR Case 2012–022’’ 

and follow the instructions provided at 

the screen. Please include your name, 

company name (if any), and ‘‘FAR Case 

2012–022’’ on your attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), ATTN: Hada Flowers, 1800 F 

Street NW., 2nd Floor, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR Case 2012–022, in all 

correspondence related to this case. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Karlos Morgan, Procurement Analyst, at 

202–501–2364, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAR Case 2012–022. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR to implement 

changes made in the SBA’s final rule 

that was published in the Federal 

Register at 76 FR 8222 on February 11, 

2011, and SBA’s subsequent technical 

amendment that was published in the 

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