Phase I of the Regulatory Development Process

On May 10, 1999, the Navy and EPA published a Federal Register notice containing the Phase I final rule and preamble language including a summary of the Phase I process and findings (64 FR 25126; 40 CFR Part 1700). The rule determines the types of vessel discharges that require control by an MPCD and those that do not require control. EPA and DoD identified 25 discharges to be controlled by MPCDs. The rationale for the determinations of requiring or not requiring control is documented in the Technical Development Document (TDD) for Phase I Uniform National Discharge Standards for Vessels of the Armed Forces.

Available below are brief, one-page summaries and detailed Nature of Discharge (NOD) reports for each of the 39 discharges evaluated in Phase I. The one-page summaries and the NOD reports are Adobe Acrobat documents (*.pdf). The complete text of the Phase I proposed rule and final rule are also available in PDF format. Adobe Acrobat Reader is required to view these files. To download, please click the link below.

In addition, the Phase I final rule establishes requirements that affect States, including a prohibition on State and local regulation of UNDS discharges. The final rule outlines procedures by which States can petition EPA and DoD to review whether a discharge should be controlled or to review a performance standard. Specifically, the rule establishes procedures for:

• States and their political subdivisions to regulate UNDS discharges (40 CFR Section 1700.6)
• States to establish no-discharge zones in State waters (40 CFR Sections 1700.7-1700.10)
• Governors to petition EPA and DoD requesting the re-evaluation of whether a discharge requires control (40 CFR Sections 1700.11-1700.13)
• Governors to petition EPA and DoD to re-evaluate a performance standard established for a discharge requiring control (once identified in Phase II).

The final Phase I rule is effective as of June 9, 1999. States could no longer regulate discharges identified in Phase I as not requiring control. States will be prohibited from regulating discharges requiring control after completion of Phase III.

Discharges Requiring Control	Summary	NOD Report
* Aqueous Film-Forming Foam	View	View
* Catapult Water Brake Tank and Post-Launch Retraction Exhaust	View	View
* Chain Locker Effluent	View	View
* Clean Ballast	View	View
* Compensated Fuel Ballast	View	View
* Controllable Pitch Propeller Hydraulic Fluid	View	View
* Deck Runoff	View	View
* Dirty Ballast	View	View
* Distillation and Reverse Osmosis Brine	View	View
* Elevator Pit Effluent	View	View
* Firemain Systems	View	View
* Gas Turbine Water Wash	View	View
* Graywater	View	View
* Hull Coating Leachate	View	View
* Motor Gasoline Compensating Discharge	View	View
* Non-Oily Machinery Wastewater	View	View
* Photographic Laboratory Drains	View	View
* Seawater Cooling Overboard Discharge	View	View
* Seawater Piping Biofouling Prevention	View	View
* Small Boat Engine Wet Exhaust	View	View
* Sonar Dome Discharge	View	View
* Submarine Bilgewater	View	View
* Surface Vessel Bilgewater/Oil-Water Separator Discharge	View	View
* Underwater Ship Husbandry	View	View
* Welldeck Discharges	View	View

Discharges Not Requiring Control	Summary	NOD Report
* Boiler Blowdown	View	View
* Catapult Wet Accumulator Discharge	View	View
* Cathodic Protection	View	View
* Freshwater Lay-Up	View	View
* Mine Countermeasures Equipment Lubrication	View	View
* Portable Damage Control Drain Pump Discharge	View	View
* Portable Damage Control Drain Pump Wet Exhaust	View	View
* Refrigeration and Air Conditioning Condensate	View	View
* Rudder Bearing Lubrication	View	View
* Steam Condensate	View	View
* Stern Tube Seals and Underwater Bearing Lubrication	View	View
* Submarine Acoustic Countermeasures Launcher Discharge	View	View
* Submarine Emergency Diesel Engine Wet Exhaust	View	View
* Submarine Outboard Equipment Grease and External Hydraulics	View	View