Webinar: June 2, 2026
Webinar Registration: https://events.gcc.teams.microsoft.com/event/cd4f68b7-b19b-4936-ba96-c3769a98c4f1@88b378b3-6748-4867-acf9-76aacbeca6a7
The U.S. Environmental Protection Agency, in coordination with the Department of War, is initiating consultation with federally recognized Indian Tribes on a proposed rulemaking to establish national standards for discharges incidental to the normal operation of vessels of the Armed Forces (e.g., U.S. Navy, Coast Guard, Marine Corps, Air Force) that operate nationwide in coastal and inland waters. The standards to be developed in this proposed rulemaking would be the third and final batch of Phase II performance standards for marine pollution control devices under the Uniform National Discharge Standards (UNDS) program. These performance standards are intended to reduce environmental impacts associated with vessel discharges, stimulate the development of improved pollution control devices and environmentally sound military practices, and establish nationwide standards.
Clean Water Act Section 312(n) directs the EPA and the DoW to establish uniform national standards for discharges incidental to the normal operation of a vessel of the Armed Forces. In 1999, the EPA and DoW jointly promulgated Phase I of these regulations which identified 25 discharges from vessels of the Armed Forces that would require control by a marine pollution control device. The EPA and the DoW agreed to establish performance standards for the 25 identified discharges in batches in Phase II. Phase II Batch One and Batch Two, which included Tribal consultations, were finalized in 2017 and 2020, respectively, establishing 22 of the 25 performance standards. The EPA and DoW are now working on Phase II Batch Three rulemaking to develop performance standards for the three remaining discharges: clean ballast, compensated ballast, and dirty ballast. National discharge standards will result in enhanced environmental protection because standards will be established for three discharges that currently are not regulated comprehensively.
This proposed rulemaking will not affect vessels operated by Tribes because the rule only regulates discharges from vessels of the Armed Forces of the United States. However, Tribes may be interested in this action because vessels of the Armed Forces of the United States, including Coast Guard vessels, may operate in or near Tribal waters. The EPA’s anticipated timeline for the consultation period is expected to extend from May 15, 2026, to July 14, 2026.
We also encourage you to submit written comments to the docket to identify any information that you believe may be relevant to the development of the rule. Tribes may submit written comments at www.regulations.gov, EPA-HQ-OW-2026-2575, any time during the Tribal consultation, which ends July 14, 2026.
Enclosed is a consultation plan that includes a description of the action under consultation, a timeline for the consultation period, and information on how you can provide input on this action. This information is also available on the EPA’s Tribal Consultation Opportunities Tracking System.
To request government-to-government consultation with the EPA and the DoW on the UNDS rulemaking, please contact Catherine Brady, at brady.catherine@epa.gov by June 16, 2026, to ensure consultation can occur during the consultation period. Please also identify a Tribal representative to serve as a point of contact for planning purposes. The EPA will work with your staff to schedule the consultation meeting with your Tribal government as requests are received.
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