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EPA/OW RIN: 2040-AF92 Publication ID: Fall 2019 
Title: Vessel Incidental Discharge Act of 2018--Development of National Performance Standards for Marine Pollution Control Devices for Discharges Incidental to the Normal Operation of Commercial Vessels 
Abstract:

On December 4, 2018, President Trump signed into law the Vessel Incidental Discharge Act (VIDA), establishing a new framework for the regulation of discharges incidental to the normal operation of vessels. VIDA is part of title IX of the Frank LoBiondo Coast Guard Reauthorization Act of 2018, which addresses a number of maritime and environmental policies. Under VIDA, the Environmental Protection Agency (EPA) is responsible for developing national performance standards for approximately 30 different categories of discharges from commercial vessels greater than 79 feet in length and for ballast water from commercial vessels of all sizes. Generally, VIDA requires the EPA to establish discharge performance standards at least as stringent as the 2013 National Pollutant Discharge Elimination System (NPDES) Vessel General Permit. This proposed rule is intended to implement VIDA.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Regulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 33 U.S.C. 1251 et seq.   
Legal Deadline:  None

Statement of Need:

On December 4, 2018, President Trump signed into law the Vessel Incidental Discharge Act (VIDA), establishing a new framework for the regulation of discharges incidental to the normal operation of vessels. VIDA is part of title IX of the Frank LoBiondo Coast Guard Reauthorization Act of 2018, which addresses a number of maritime and environmental policies. Under VIDA, the EPA is responsible for developing national performance standards for approximately 30 different categories of discharges from commercial vessels greater than 79 feet in length and for ballast water from commercial vessels of all sizes. The proposed rule is intended to implement the EPA statutory requirements under VIDA.

Summary of the Legal Basis:

The regulation will be proposed under the Clean Water Act, 33 U.S.C. 1322(p).

Alternatives:

The rulemaking is the result of a new statutory mandate and, as such, alternatives have not been developed.

Anticipated Costs and Benefits:

Unknown at this time; an economic analysis will be prepared for the proposed rule.

Risks:

The rule, once implemented, will reduce environmental risks. The rule, once implemented, is not expected to pose any health risks.

Timetable:
Action Date FR Cite
NPRM  01/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Katherine Weiler
Environmental Protection Agency
Office of Water
Mail Code 4504T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1280
Email: weiler.katherine@epa.gov

Jack Faulk
Environmental Protection Agency
Office of Water
4203M,
Washington, DC 20460
Phone:202 564-0768
Fax:202 564-6431
Email: faulk.jack@epa.gov