How are EPA and the Department of Defense (DOD) identifying and evaluating discharges?
On May 10, 1999, EPA and DOD published the Phase I final rule in the Federal Register, 64 FR 25126; 40 CFR Part 1700. The Phase I rule identified all discharges incidental to the normal operation of armed forces vessels, and characterized each discharge to determine if it required control, based on its potential to have an environmental impact. The rule determined the types of vessel discharges that require control by a marine pollution control device (MPCD) and those that do not require control. EPA and DOD identified 39 discharges, 25 of which would require control by an MPCD. The rule also established the mechanism by which states can petition EPA to review whether or not a discharge should require control, and the processes EPA and the states must follow to establish no discharge zones. The rationale for the determinations of requiring control is documented in the Technical Development Document (TDD) for Phase I UNDS.