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EPA/OW RIN: 2040-AF92 Publication ID: Fall 2023 
Title: Vessel Incidental Discharge National Standards of Performance 

On December 4, 2018, the Vessel Incidental Discharge Act (VIDA) was signed into law establishing a new framework for the regulation of discharges incidental to the normal operation of vessels. Under the VIDA, the Environmental Protection Agency (EPA) is responsible for developing national performance standards for discharges from primarily commercial vessels greater than 79 feet in length, and for ballast water from small vessels less than 79 feet in length and fishing vessels. In 2019, EPA consulted with states and Tribes to meaningful and timely input into the development of the proposed rule. Based on EPA’s review of the proposed rule and comments received during the first public comment period and subsequent meetings with interested states, tribes, and other stakeholders, on October 18, 2023, EPA’s Supplemental Notice of Proposed Rulemaking was published in the Federal Register. Comments on the Supplemental Notice must be received no later than December 18, 2023.  

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 139   
Legal Authority: 33 U.S.C. sec. 1322(p)(4)    33 U.S.C. sec. 1251 et seq.   
Legal Deadline:
Action Source Description Date
Final  Statutory    12/30/2019 
Action Date FR Cite
NPRM  10/26/2020  85 FR 67818   
Supplemental NPRM  10/18/2023  88 FR 71788   
Supplemental NPRM Comment Period End  12/18/2023 
Final Rule  09/00/2024 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
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