[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1700.10]



[Page 954-955]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

CHAPTER VII--ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF DEFENSE; 

  UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES

 

PART 1700_UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED 

FORCES--Table of Contents

 

                       Subpart C_Effect on States

 

Sec.  1700.10  No-discharge zones by EPA prohibition.



    (a) A State requesting EPA to establish a no-discharge zone must 

send to the Administrator an application containing the following 

information:

    (1) The discharge from Sec.  1700.4 or Sec.  1700.5 to be prohibited 

within the no-discharge zone.

    (2) A detailed description of the waterbody, or portions thereof, to 

be included in the prohibition. The description must include a map, 

preferably a USGS topographic quadrant map, clearly marking the zone 

boundaries by latitude and longitude.

    (3) A technical analysis showing why protection and enhancement of 

the waters described in paragraph (a)(2) of this section require a 

prohibition of the discharge. The analysis must provide specific 

information on why the discharge adversely impacts the zone and how 

prohibition will protect the zone. In addition, the analysis should 

characterize any sensitive areas, such as aquatic sanctuaries, fish-

spawning and nursery areas, pristine areas, areas not meeting water 

quality standards, drinking water intakes, and recreational areas.

    (4) A complete description of the facilities reasonably available 

for collecting the discharge including:

    (i) A map showing their location(s) and a written location 

description.

    (ii) A demonstration that the facilities have the capacity and 

capability to provide safe and sanitary removal of the volume of 

discharge being prohibited in terms of both vessel berthing and 

discharge reception.

    (iii) The schedule of operating hours of the facilities.

    (iv) The draft requirements of the vessel(s) that will be required 

to use the facilities and the available water depth at the facilities.

    (v) Information showing that handling of the discharge at the 

facilities is in conformance with Federal law.

    (5) Information on whether vessels other than those of the Armed 

Forces are subject to the same type of prohibition. If the State is not 

applying a prohibition to other vessels in the area, the State must 

demonstrate the technical or environmental basis for applying a 

prohibition only to Armed Forces vessels. The following information must 

be included in the technical or environmental basis for treating Armed 

Forces vessels differently:

    (i) An analysis showing the relative contributions of the discharge 

from Armed Forces and non-Armed Forces vessels.

    (ii) A description of State efforts to control the discharge from 

non-Armed Forces vessels.

    (b) The information provided under paragraph (a) of this section 

must be sufficient to enable EPA to make the three determinations listed 

below. Prior to making these determinations, EPA will consult with the 

Secretary on the adequacy of the facilities and the operational impact 

of the prohibition on Armed Forces vessels.

    (1) The protection and enhancement of the specified waters require a 

prohibition of the discharge.

    (2) Adequate facilities for the safe and sanitary removal of the 

discharge are reasonably available for the specified waters.

    (3) The prohibition will not have the effect of discriminating 

against vessels of the Armed Forces by reason of the ownership or 

operation by the Federal Government, or the military function, or the 

vessels.

    (c) If the three conditions in paragraph (b) of this section are 

met, EPA will by regulation establish the no-discharge zone. If the 

conditions in paragraphs (b) (1) and (3) of this section are met, but 

the condition in paragraph (b)(2) of this section is not met, EPA may 

establish the no-discharge zone if it determines that the significance 

of the waters and the potential impact of the discharge are of 

sufficient magnitude to warrant any resulting constraints on Armed 

Forces vessels.



[[Page 955]]



    (d) EPA will notify the State of its decision on the no-discharge 

zone application in writing. If EPA approves the no-discharge zone 

application, EPA will by regulation establish the no-discharge zone by 

modification to this part. A no-discharge zone established by EPA 

prohibition will not go into effect until the effective date of the 

regulation.



                        State Petition for Review