ACN 001/20 - JAN 2020 IMPLEMENTATION OF CLEAN WATER ACT SECTION 312(N), UNIFORM NATIONAL DISCHARGE STANDARDS (UNDS) BATCH ONE

ALCOAST COMMANDANT NOTICE             CANCEL DATE 02 JAN 2021

R 031041 JAN 20
FM COMDT COGARD WASHINGTON DC//CG-4//
TO ALCOAST
UNCLAS //N16455//
ACN 001/20
SUBJ:  IMPLEMENTATION OF CLEAN WATER ACT SECTION 312(N), UNIFORM NATIONAL DISCHARGE STANDARDS (UNDS) BATCH ONE
A. DoD Manual (DoDM) 4715.06 Volume 4, Regulations on Vessels Owned or Operated by the
Department of Defense or Coast Guard: Discharges Incidental to Normal Operations
B. Vessel Environmental Manual, COMDTINST M16455.1 (series)
C. Vessel Unit Environmental Guides (see below)
1. Summary: This ACN provides guidance for the implementation of the Clean Water Act
Section 312(n), Uniform National Discharge Standards (UNDS) Batch One.
2. Background. The UNDS regulations in REF (A) implement joint DoD US EPA discharge
performance standards in 40 CFR part 1700 subpart D. UNDS uniformly regulates discharges
incidental to the normal operation of vessels of the Armed Forces, superseding any state
or territorial standards and providing a single standard nationwide for each discharge.
“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. All 25 discharges
identified in 40 CFR § 1700.4 as requiring control were divided into three batches, with
rulemaking for each batch developed in three phases. The third phase establishes requirements
vessels must follow. Phase III Batch One requirements are now in effect and Phase III Batch Two regulations are expected to be completed in 2021. Completed Phase III requirements appear now in REF (A) and will appear in REF (B) in the future.
3. All USCG afloat units, to include small boat stations, must familiarize themselves with
UNDS discharge requirements by reading REF (A) DoDM 4715.06 Volume 4. In the case of violation of an UNDS discharge requirement, units are responsible to fill out either an UNDS Exception form or a Noncompliance form and maintain that record for 5 years. All UNDS documents are accessible at the portal link: https://cg.portal.uscg.mil/communities/vessel-environmental/UNDS.
4. Every vessel must have an UNDS person in charge (PIC). For commissioned cutters, the PIC
will likely be the commanding officer. For non-commissioned vessels, the PIC duties must be
assigned to a person who has day to day operational knowledge of the vessel or group of vessels. District, Sector, and Station chains of command should discuss ideas for implementations of the PIC duties in the Areas of Responsibility and forward input for the same to COMDT (CG-45) and SFLC-ESD-SSB-MP.
5. The UNDS Designated Office, the liaison between vessels and the regulators, will reside
within Surface Force Logistics Center (SFLC). Final direction on the roles, responsibilities,
and means of interface with the vessels and regulators pend revision of REF (B).
6. Interim direction on compliance (prior to promulgation of the planned revision to REF (B))
shall be REF (A), and is hereby in effect. REF (B) will be revised to implement these changes
and will be released with the next year.
7. REF (C) is accessible at the portal link:
https://cg.portal.uscg.mil/units/sflc/ESDSSBDocuments/UnitGuides/Vessel.htm.
8. For more information please contact LTJG Caleb Tvrdy, Vessel Environmental Compliance
Manager, COMDT (CG-452), at 202-475-5725 or by email at Caleb.D.Tvrdy@uscg.mil. The alternate POC for this initiative is Mr. Kyle Klinedinst, SFLC-ESD-SSB-MP, at 410-762-6902 or by email at Kyle.C.Klinedinst@uscg.mil.
9. Released by RDML Nathan Moore, Assistant Commandant for Engineering and Logistics.
10. Internet release is authorized.