Water: Uniform National Discharge Standards (UNDS)
Laws & RegulationsLaws & Executive OrdersClean Water ActVessel Water DischargeUniform National Discharge Standards (UNDS)Batch Rulemaking ProcessBatch Rulemaking Process
In 1996, Congress passed legislation amending the Clean Water Act to control discharges that are incidental to the normal operation of armed forces vessels. The legislation tasked EPA and the Department of Defense (DOD) to establish requirements for these discharges on a national basis. EPA and DOD have agreed to establish performance standards in batches. This is referred to as batch rulemaking.
- How are EPA and the Department of Defense (DOD) identifying and evaluating discharges?
- What discharges were identified?
How are EPA and the Department of Defense (DOD) identifying and evaluating discharges?
| Phase I | Identify and Characterize Discharges |
Joint EPA/DOD Rule |
Final Rule Published on May 10, 1999 |
| Phase II | Establish MPCD Performance Standards |
Joint EPA/DOD Rule |
Batch One Rulemaking Underway |
| Phase III | Develop Implementing Instructions |
DOD Only Rule | Completed One Year After Phase II |
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Phase I:
On May 10, 1999, EPA and DOD published the Phase I final rule in the Federal Register, 64 FR 25126; 40 CFR Part 1700. The Phase I rule identified all discharges incidental to the normal operation of armed forces vessels, and characterized each discharge to determine if it required control, based on its potential to have an environmental impact. The rule determined the types of vessel discharges that require control by a marine pollution control device (MPCD) and those that do not require control. EPA and DOD identified 39 discharges, 25 of which would require control by an MPCD.
The rule also established the mechanism by which states can petition EPA to review whether or not a discharge should require control, and the processes EPA and the states must follow to establish no discharge zones.
The rationale for the determinations of requiring control is documented in the Technical Development Document (TDD) for Phase I UNDS.
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Phase I Rule and Technical Development Document (TDD) of Uniform National Discharge Standards (UNDS)
Phase II:
In Phase II, EPA and DOD, in consultation with the U.S. Coast Guard, are developing standards for each discharge that was determined to require control in Phase I. EPA and DOD have agreed to establish performance standards in batches, rather than promulgating standards for all 25 discharges at one time. This is referred to as batch rulemaking.
The batch rulemaking approach allows EPA and DOD to conduct technical analyses and develop discharge standards in batches (approximately five discharges per batch). A major advantage of this approach is that it speeds up the implementation of performance standards, thus more quickly realizing the goals of the Uniform National Discharge Standards (UNDS).
Phase II, Batch One
Batch One, which is the first of five projected batch rulemakings that EPA and DOD will be proposing in Phase II, proposes regulations for seven of the discharge types.
EPA and DOD must consider the following seven statutory factors in determining whether it is reasonable and practicable to require the use of an MPCD:
- Nature of the Discharge
- Environmental Effects of the Discharge
- Practicability of using the MPCD
- Effect of an MPCD on the operation of a vessel
- Applicable United States law
- Applicable international standards
- Costs of MPCD installation and use
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Phase III:
In Phase III, DOD, in consultation with EPA and the U.S. Coast Guard, will establish regulations governing the design, construction, installation, and use of MPCDs onboard armed forces vessels. These regulations will be required to meet the performance standards promulgated in Phase II. The Phase II performance standards do not become effective, nor does the preemption of state regulation of armed forces vessel discharges become effective, until Phase III requirements are in place.
Top of pageWhat discharges were identified by the batch rulemaking process?
| Discharges NOT Requiring Control | Discharges Requiring Control |
|---|---|
| During Phase I, the following discharges were identified and it was determined that they DO NOT require control. | During Phase I, the following discharges were identified and it was determined that they DO require control. During Phase II, standards for these discharges will be developed in more than one batch. |
| Boiler Blowdown Catapult Wet Accumulator Discharge Cathodic Protection Freshwater Layup Mine Countermeasures Equipment Lubrication Portable Damage Control Drain Pump Wet Exhaust Refrigeration and Air Conditioning Condensate Rudder Bearing Lubrication Steam Condensate Stern Tube Seals and Underwater Bearing Lubrication Submarine Acoustic Countermeasures Launcher Discharge Submarine Emergency Diesel Engine Wet Exhaust Submarine Outboard Equipment Grease and External Hydraulics |
Phase II, Batch One Chain Locker Effluent Elevator Pit Effluent Hull Coating Leachate Photographic Laboratory Drains Surface Vessel Bilgewater/Oil Water Separator Underwater Ship Husbandry Weather Deck Runoff |
| Phase II, future batches Status: to be completed Aqueous Film Forming Foam Catapult Water Brake Tank and Post-Launch Retraction Exhaust Clean Ballast Compensated Fuel Ballast Controllable Pitch Propeller Hydraulic Fluid Dirty Ballast Distillation and Reverse Osmosis Brine Firemain Systems Gas Turbine Water Wash Graywater Motor Gasoline Compensating Discharge Non-Oily Machinery Wastewater Seawater Piping Biofouling Prevention Small Boat Engine Wet Exhaust Sonar Dome Discharge Submarine Bilgewater Welldeck Discharges |
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| Phase III DOD will develop implementing instructions for its vessels. |
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