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EPA/OW RIN: 2040-AF92 Publication ID: Fall 2024 
Title: Vessel Incidental Discharge National Standards of Performance 
Abstract:

On December 4, 2018, the Vessel Incidental Discharge Act 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 is responsible for developing national performance standards for discharges from primarily commercial vessels 79 feet in length and above, and for ballast water from small vessels less than 79 feet in length and fishing vessels. In 2019, the EPA engaged in pre-proposal public outreach and consultations for the rulemaking. The EPA hosted two pre-proposal public webinars in May 2019 to introduce the new law, describe future engagement opportunities, and answer clarifying questions. Shortly thereafter, the EPA also hosted a two-day in-person listening session during which the EPA and the U.S. Coast Guard provided a general overview of the new law, a summary of regulatory considerations for specific discharges, and accepted public input on the rulemaking. The EPA also consulted with states and Tribes for meaningful and timely input into the development of the proposed rule. The Federalism consultation briefing was held in July 2019 for state and local officials. Pursuant to the Vessel Incidental Discharge Act, the EPA also hosted three regional, web-based forums specifically for Governors and their representatives to inform the EPA on the challenges and concerns associated with existing requirements under the Vessel General Permit and discuss potential considerations for key discharges of interest. In the same month, the EPA provided an informational webinar for Tribal representatives, followed by more targeted discussions with the EPA’s Region 10 Regional Tribal Operations Committee and the leadership of one Tribe that requested additional consultation. After careful consideration of public input, on October 26, 2020, the EPA published for public comment the Notice of Proposed Rulemaking - Vessel Incidental Discharge National Standards of Performance. On October 18, 2023, the EPA published for public comment a Supplemental Notice of Proposed Rulemaking. The Supplemental Notice of Proposed Rulemaking included additional regulatory options that the EPA was considering for select discharges. These additional options were informed by comments received during the first public comment period and subsequent meetings with interested states, Tribes, and other stakeholders held between August and November 2021.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final 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  Judicial  Consent decree.  09/23/2024 
Timetable:
Action Date FR Cite
NPRM  10/26/2020  85 FR 67818   
Supplemental NPRM  10/18/2023  88 FR 71788   
Final Rule  12/00/2024 
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
Email: weiler.katherine@epa.gov