[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1700.6]

[Page 954-955]
 
                   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.  1700.6  Effect on State and local statutes and regulations.


    (a) After the effective date of a final rule determining that it is 
not reasonable and practicable to require use of a Marine Pollution 
Control Device regarding a particular discharge incidental to the normal 
operation of an Armed Forces vessel, States or political subdivisions of 
States may not adopt or enforce any State or local statute or 
regulation, including issuance or enforcement of permits under the 
National Pollutant Discharge Elimination System, controlling that 
discharge, except that States may establish a no-discharge zone by State 
prohibition (as provided in Sec.  1700.9), or apply for a no-discharge 
zone by EPA prohibition (as provided in Sec.  1700.10).
    (b)(1) After the effective date of a final rule determining that it 
is reasonable and practicable to require use of a Marine Pollution 
Control Device regarding a particular discharge incidental to the normal 
operation of an Armed Forces vessel, States may apply for a no-discharge 
zone by EPA prohibition (as provided in Sec.  1700.10) for that 
discharge.
    (2) After the effective date of a final rule promulgated by the 
Secretary governing the design, construction, installation, and use of a 
Marine Pollution Control Device for a discharge listed in Sec.  1700.4, 
States or political subdivisions of States may not adopt or enforce any 
State or local statute or regulation, including issuance or enforcement 
of permits under the National Pollutant Discharge Elimination System, 
controlling that discharge except that States may establish a no-
discharge zone by State prohibition (as provided in Sec.  1700.9), or 
apply for a no-discharge zone by EPA prohibition (as provided in Sec.  
1700.10).
    (c) The Governor of any State may submit a petition requesting that 
the

[[Page 955]]

Administrator and Secretary review a determination of whether a Marine 
Pollution Control Device is required for any discharge listed in Sec.  
1700.4 or Sec.  1700.5, or review a Federal standard of performance for 
a Marine Pollution Control Device.

                           No-Discharge Zones