Federal Register Notice of Proposed Rulemaking: The EPA Vessel Incidental Discharge National Standards of Performance
The U.S. Environmental Protection Agency (EPA) is notifying you that on Monday, October 26th, the proposed rule "
Vessel Incidental Discharge National Standards of Performance" was published in the
Federal Register. This proposed rule, drafted pursuant to the Vessel Incidental Discharge Act (VIDA), would establish national standards of performance for discharges incidental to the normal operation of a vessel that will apply primarily to commercial vessels 79 feet in length and above that discharge into waters of the United States or waters of the contiguous zone. The proposed rule also includes procedures for states to petition EPA for additional requirements as provided for under the VIDA. Public comments on the proposed rule are due no later than November 25, 2020 (30 days).
EPA will hold three virtual public meetings on November 9, 10, and 17 to provide a brief background on the rulemaking, identify key changes from existing federal requirements, and describe how to submit comments on the proposed rulemaking. More information on the proposed rule, the public meetings, and how to submit comments on the proposed rule are available on the
EPA Commercial Vessel Discharges webpage.
As a reminder, the following existing requirements remain in force and effect:
- the 2013 EPA Vessel General Permit (VGP), and
- all regulations promulgated by the USCG pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as in effect on December 3, 2018, including the regulations contained in 33 CFR part 151, subparts C and D, and 46 CFR part 162.060.
Vessel operators must continue to comply with these existing requirements until the national standards of performance proposed today are final and the USCG promulgates VIDA implementation, compliance, and enforcement requirements and those USCG requirements are final, effective, and enforceable. The VIDA directs the USCG to promulgate such regulations within two years after EPA's national standards are final.