[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: 40CFR1700.3]



[Page 949-950]

 

                   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 A_Scope

 

Sec.  1700.3  Definitions.



    Administrator means the Administrator of the United States 

Environmental Protection Agency or that person's authorized 

representative.

    Armed Forces vessel means a vessel owned or operated by the United 

States Department of Defense or the United States Coast Guard, other 

than vessels that are time or voyage chartered by the Armed Forces, 

vessels of the U.S. Army Corps of Engineers, or vessels that are 

memorials or museums.

    Discharge incidental to the normal operation of a vessel means a 

discharge, including, but not limited to: graywater, bilgewater, cooling 

water, weather deck runoff, ballast water, oil water



[[Page 950]]



separator effluent, and any other pollutant discharge from the operation 

of a marine propulsion system, shipboard maneuvering system, crew 

habitability system, or installed major equipment, such as an aircraft 

carrier elevator or a catapult, or from a protective, preservative, or 

absorptive application to the hull of a vessel; and a discharge in 

connection with the testing, maintenance, and repair of any of the 

aforementioned systems whenever the vessel is waterborne, including 

pierside. A discharge incidental to normal operation does not include:

    (1) Sewage;

    (2) A discharge of rubbish, trash, or garbage;

    (3) A discharge of air emissions resulting from the operation of a 

vessel propulsion system, motor driven equipment, or incinerator;

    (4) A discharge that requires a National Pollutant Discharge 

Elimination System (NPDES) permit under the Clean Water Act; or

    (5) A discharge containing source, special nuclear, or byproduct 

materials regulated by the Atomic Energy Act.

    Environmental Protection Agency, abbreviated EPA, means the United 

States Environmental Protection Agency.

    Marine Pollution Control Device, abbreviated MPCD, means any 

equipment or management practice installed or used on an Armed Forces 

vessel that is designed to receive, retain, treat, control, or discharge 

a discharge incidental to the normal operation of a vessel, and that is 

determined by the Administrator and Secretary to be the most effective 

equipment or management practice to reduce the environmental impacts of 

the discharge consistent with the considerations in Clean Water Act 

section 312(n)(2)(B).

    No-discharge zone means an area of specified waters established 

pursuant to this regulation into which one or more specified discharges 

incidental to the normal operation of Armed Forces vessels, whether 

treated or untreated, are prohibited.

    Secretary means the Secretary of the United States Department of 

Defense or that person's authorized representative.

    United States includes the States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 

the Canal Zone, and the Trust Territory of the Pacific Islands.

    Vessel includes every description of watercraft or other artificial 

contrivance used, or capable of being used, as a means of transportation 

on navigable waters of the United States or waters of the contiguous 

zone, but does not include amphibious vehicles.