[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: 40CFR1700.9]



[Page 953-954]

 

                   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.  1700.9  No-discharge zones by State prohibition.



    (a) A State seeking to establish a no-discharge zone by State 

prohibition must send to the Administrator 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 determination that the protection and enhancement of the 

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

environmental protection than provided by existing Federal standards.

    (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 the prohibition to all vessels in the area, the State must 

demonstrate the technical or environmental basis for applying the 

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 two 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 any prohibition on Armed Forces vessels.

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

discharge are reasonably available for the specified waters.

    (2) 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



[[Page 954]]



Government, or the military function, of the vessels.

    (c) EPA will notify the State in writing of the result of the 

determinations under paragraph (b) of this section, and will provide a 

written explanation of any negative determinations. A no-discharge zone 

established by State prohibition will not go into effect until EPA 

determines that the conditions of paragraph (b) of this section have 

been met.