On Oct. 9, 2024, the Environmental Protection Agency (EPA) published a rulemaking titled the Vessel Incidental Discharge National Standards of Performance (Federal Register: Vessel Incidental Discharge National Standards of Performance) as required by the Vessel Incidental Discharge Act of 2018 (VIDA). The EPA’s rule establishes the national standards of performance for marine pollution control devices for three general discharge standards and 20 specific discharges incidental to normal operations from commercial vessels greater than 79 feet. Vessels of the armed forces, fishing vessels without ballast tanks, and recreational vessels will not be subject to these discharge standards.
Additionally, the EPA’s rule establishes procedures for states to follow if they choose to petition the EPA to issue an emergency order, prohibit a discharge into specified waters, review a standard of performance, or to request additional requirements with respect to the Great Lakes.
Under VIDA, the Coast Guard is now required to develop corresponding compliance and enforcement regulations to implement the EPA’s performance standards. The Coast Guard’s implementing regulations are an important step in fulfilling Congress’ goal when enacting VIDA of harmonizing discharge requirements nationally. In the interim, vessels continue to be subject to the existing discharge requirements established in EPA’s 2013 Vessel General Permit and the USCG’s ballast water regulations.
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