- § 139.50 - Petition by a Governor for the Administrator to establish an emergency order or review a standard, regulation, or policy.
- § 139.51 - Petition by a Governor for the Administrator to establish enhanced Great Lakes System requirements.
- § 139.52 - Application by a State for the Administrator to establish a State no-discharge zone.
- APPENDIX Appendix A - Appendix A to Part 139—Federally-Protected Waters
§ 139.50 - Petition by a Governor for the Administrator to establish an emergency order or review a standard, regulation, or policy.
(a) The Governor of a State (or a designee) may submit a petition to the Administrator:
(1) To issue an emergency order under CWA section 312(p)(4)(E); or
(2) To review any standard of performance, regulation, or policy promulgated by the Administrator under CWA section 312(p)(4) or (6), if there exists new information that could reasonably result in a change to:
(i) The standard of performance, regulation, or policy; or
(ii) A determination on which the standard of performance, regulation, or policy was based.
(b) A petition under paragraph (a) of this section shall be signed by the Governor (or a designee) and must include:
(1) The purpose of the petition (request for emergency order or a review of a standard, regulation, or policy);
(2) Any applicable scientific or technical information that forms the basis of the petition;
(3) The direct and indirect benefits if the requested petition were to be granted by the Administrator; and
(4) For a petition under paragraph (a)(2) of this section, the costs to the affected classes, types, and/or sizes of vessels if the requested petition were to be granted by the Administrator.
(c) The Administrator shall grant or deny:
(1) A petition under paragraph (a)(1) of this section by not later than the date that is 180 days after the date on which the petition is submitted; and
(2) A petition under paragraph (a)(2) of this section by not later than the date that is one year after the date on which the petition is submitted.
(d) If the Administrator determines to grant a petition:
(1) In the case of a petition under paragraph (a)(1) of this section, the Administrator shall immediately issue the relevant emergency order under CWA section 312(p)(4)(E); or
(2) In the case of a petition under paragraph (a)(2) of this section, the Administrator shall sign a Notice of Proposed Rulemaking for publication in the
(e) If the Administrator determines to deny a petition, the Administrator shall sign a notice of the determination for publication in the
§ 139.51 - Petition by a Governor for the Administrator to establish enhanced Great Lakes System requirements.
(a) The Governors endorsing a proposed standard or requirement under CWA section 312(p)(10)(B)(ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to CWA section 312(p)(10)(B)(ii) with respect to any discharge that is subject to regulation under this part and occurs within the Great Lakes System.
(b) A petition under paragraph (a) of this section must include:
(1) An explanation regarding why the applicable standard of performance or other requirement is at least as stringent as a comparable standard of performance or other requirement under this part;
(2) An explanation regarding why the standard of performance or other requirement is in accordance with maritime safety; and
(3) An explanation regarding why the standard of performance or other requirement is in accordance with applicable maritime and navigation laws and regulations.
(c) On receipt of a proposed standard of performance or other requirement under paragraph (b) of this section, the Administrator and the Secretary shall sign and transmit to the Office of Federal Register for publication a joint notice that, at minimum:
(1) States that the proposed standard or requirement is publicly available; and
(2) Provides an opportunity for public comment regarding the proposed standard or requirement during the 90-day period beginning on the date of receipt by the Administrator of the proposed standard or requirement.
(d) The Administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this part.
(e) In carrying out paragraph (d) of this section, the Administrator:
(1) Shall consult with the Secretary,
(2) Shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada;
(3) Shall take into consideration any relevant data or public comments received under paragraph (c)(2) of this section; and
(4) Shall not take into consideration any preliminary assessment by the Great Lakes Commission or any dissenting opinion by a Governor of a Great Lakes State, except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under paragraph (d) of this section.
(f) If a Governor of a Great Lakes State withdraws the endorsement by not later than 90 days after the Administrator receives the proposed standard or requirement, and the withdrawal results in the proposed standard or requirement not having the applicable number of endorsements, the Administrator shall terminate review.
(g) Upon review and determination, the Administrator and the Secretary shall approve each proposed standard or other requirement, unless the Administrator determines that the proposed standard or other requirement is not at least as stringent as comparable standards and requirements under this part or the Secretary determines that the proposed standard or requirement is not in accordance with maritime safety or is not in accordance with applicable maritime and navigation laws and regulations.
(h) If the Administrator and the Secretary approve a proposed standard or other requirement, the Administrator and the Secretary shall sign a notice of the determination and transmit the notice to the Governor of each Great Lakes State and to the Office of Federal Register for publication.
(i) If the Administrator and the Secretary disapprove a proposed standard or other requirement, the Administrator and the Secretary shall sign a notice of the determination and transmit it to the Governor of each Great Lakes State and to the Office of Federal Register for publication. The notice must include:
(1) A description of the reasons why the standard or requirement is, as applicable, less stringent than a comparable standard or requirement under this part, and
(2) Any recommendations regarding changes the Governors of the Great Lakes states could make to conform the disapproved portion of the standard or requirement to the requirements of this section.
(j) The Administrator and the Secretary shall make an approval or disapproval determination under this section and transmit a notice of such determination to the Governor of each Great Lakes State and the Office of Federal Register not later than 180 days after the date of receipt of the proposed standard or regulation.
(k) On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement, the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes System in lieu of any comparable standard or other requirement promulgated under CWA section 312(p)(4). A requirement to prohibit one or more types of discharge, whether treated or not treated, into waters within the Great Lakes System shall not apply outside the waters of the Great Lakes states of the Governors endorsing the requirement.
§ 139.52 - Application by a State for the Administrator to establish a State no-discharge zone.
(a) If any State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the Governor of a State (or a designee) may submit an application to the Administrator to establish a regulation prohibiting one or more discharges, whether treated or not treated, into such waters subject to the application.
(b) A prohibition by the Administrator under paragraph (a) of this section shall not apply until the Administrator, in concurrence with the Secretary, reviews the State application and makes the applicable determinations described in paragraph (d) of this section and publishes a regulation establishing the prohibition.
(c) An application submitted by the State under paragraph (a) of this section shall be signed by the Governor (or a designee) and must include:
(1) A narrative explanation of the location of the proposed waters and a map delineating the boundaries of the requested prohibition using geographic coordinates;
(2) A certification that a prohibition of the discharge(s) would protect and enhance the quality of the specific waters within the State to a greater extent than the applicable Federal standard provides;
(3) A detailed analysis of the direct and indirect benefits of the requested prohibition for each individual discharge for which the State is seeking a prohibition;
(4) A table identifying the types and number of vessels operating in the waterbody and a table identifying the types and number of vessels that would be subject to the prohibition;
(5) A table identifying the location, operating schedule, draft requirements, pumpout capacity, pumpout flow rate, connections, and fee structure of each existing facility capable of servicing the vessels that would be subject to the prohibition and available to receive the prohibited discharge;
(6) A description of the wastewater handling procedures of each facility identified in paragraph (c)(5) of this section, including information on how wastewater is stored, transported, treated, and/or disposed by each facility;
(7) A map indicating the location of each stationary facility, and the coverage area of each mobile facility, identified in paragraph (c)(5) of this section within the proposed waters;
(8) A detailed analysis of the impacts to vessels subject to the prohibition, including a discussion of how these vessels may feasibly collect and store the discharge, the extent to which retrofitting may be required, costs that are incurred as a result of the discharge prohibition, and any safety implications.
(d) On application of a State, the Administrator, in concurrence with the Secretary, shall, by regulation, prohibit the discharge from a vessel of one or more discharges subject to regulation under this part, whether treated or not treated, into the waters covered by the application if the Administrator determines that:
(1) The prohibition of the discharge(s) would protect and enhance the quality of the specified waters within the State;
(2) Adequate facilities for the safe and sanitary removal and treatment of the prohibited discharge(s) are reasonably available, including taking costs into consideration, for the water and all vessels to which the prohibition would apply. A determination of adequacy shall consider, at a minimum, water depth, dock size, pumpout facility capacity and flow rate, availability of year-round operations, proximity to navigation routes, the availability of operational changes as a means to reduce the discharge, and the ratio of pumpout facilities to the population and discharge capacity of vessels operating in those waters;
(3) The discharge(s) can be safely collected and stored until a vessel reaches an appropriate facility or location for discharge;
(4) In the case of an application for the prohibition of the discharge of ballast water in port (or in any other location where cargo, passengers, or fuel are loaded and unloaded):
(i) The considerations for adequate facilities described in paragraph (d)(2) of this section apply; and
(ii) The prohibition will not unreasonably interfere with the safe loading and unloading of cargo, passengers, or fuel.
(e) The Administrator shall submit to the Secretary a request for written concurrence on a determination made to establish a prohibition.
(1) A failure by the Secretary to concur with the Administrator 60 days after the date on which the Administrator submits a request for concurrence shall not prevent the Administrator from prohibiting the discharge or discharges, subject to the condition that the Administrator shall include in the administrative record of the promulgation:
(i) Documentation of the request for concurrence; and
(ii) The response of the Administrator to any written objections received from the Secretary relating to the prohibition during the 60-day period beginning on the date of the request for concurrence.
(f) If the Administrator determines that an application meets the criteria in paragraph (c) of this section and approves the application, the Administrator shall notify the State of the tentative approval and develop a Notice of Proposed Rulemaking for transmittal to the Office of the Federal Register.
Appendix A - Appendix A to Part 139—Federally-Protected Waters
The asterisk (“*”) modifier in appendix A to part 139 identifies those areas vessels subject to these Federal standards may be most likely to transit based on proximity to waters where these vessels may operate.
A.1 National Marine Sanctuaries American Samoa National Marine Sanctuary * Channel Islands National Marine Sanctuary * Cordell Bank National Marine Sanctuary * Florida Keys National Marine Sanctuary * Greater Farallones National Marine Sanctuary * Hawaiian Islands Humpback Whale National Marine Sanctuary * Monterey Bay National Marine Sanctuary * Olympic Coast National Marine Sanctuary * Stellwagen Bank National Marine Sanctuary * A.2 Marine National Monuments Mariana Trench Marine National Monument * Northeast Canyons and Seamounts Marine National Monument * Pacific Remote Islands Marine National Monument * PapahaCaptain John Smith Chesapeake National Historic Trail
First State National Historical Park *
Washington-Rochambeau Revolutionary Route National Historic Trail
District of Columbia Adams Memorial Belmont-Paul Women's Equality National Monument Captain John Smith Chesapeake National Historic Trail Carter G. Woodson Home National Historic Site Chesapeake and Ohio Canal National Historical Park * Constitution Gardens Desert Storm/Desert Shield Memorial Dwight D. Eisenhower Memorial Ford's Theatre National Historic Site Franklin Delano Roosevelt Memorial * Frederick Douglass National Historic Site George Washington Memorial Parkway Global War on Terrorism Memorial Korean War Veterans Memorial * Lincoln Memorial * Lyndon Baines Johnson Memorial Grove on the Potomac * Martin Luther King Jr. Memorial * Mary McLeod Bethune Council House National Historic Site National Capital Parks—East * National Mall and Memorial Parks Pennsylvania Avenue National Historic Site Potomac Heritage National Scenic Trail Rock Creek Park Star-Spangled Banner National Historic Trail The White House and President's Park Theodore Roosevelt Island * Thomas Jefferson Memorial * Vietnam Veterans Memorial Washington-Rochambeau Revolutionary Route National Historic Trail Washington Monument * World War I Memorial World War II Memorial * Florida Big Cypress National Preserve * Biscayne National Park * Canaveral National Seashore * Castillo de San Marcos National Monument * De Soto National Memorial * Dry Tortugas National Park * Everglades National Park * Florida National Scenic Trail Fort Caroline National Memorial * Fort Matanzas National Monument * Gulf Islands National Seashore * Gullah/Geechee Cultural Heritage Corridor Timucuan Ecological and Historic Preserve * Georgia Andersonville National Historic Site Appalachian National Scenic Trail Arabia Mountain National Heritage Area Augusta Canal National Heritage Area Chattahoochee River National Recreation Area Chickamauga and Chattanooga National Military Park * Cumberland Island National Seashore * Fort Frederica National Monument * Fort Pulaski National Monument * Gullah/Geechee Cultural Heritage Corridor Jimmy Carter National Historical Park Kennesaw Mountain National Battlefield Park Kettle Creek Battlefield Martin Luther King Jr. National Historical Park Ocmulgee Mounds National Historical Park * Trail of Tears National Historic Trail Guam War in the Pacific National Historical Park * Hawaii Ala Kahakai National Historic Trail Haleakala