Phase III of the Regulatory Development Process

Phase III of UNDS development will focus on establishing requirements for the design, construction, installation, and use of MPCDs. The DoD has the lead for this regulation and will consult with the EPA and Coast Guard. This phase will begin upon promulgation of Phase II rules.

After Phase III becomes effective, discharges determined in Phase I to require control will be regulated by UNDS performance standards, rather than by individual States. However, States will have the option to petition for no-discharge zones.

The UNDS legislation authorizes DoD and EPA to review performance standards and discharge determinations every five years, taking into account any significant new information.