In a significant development for maritime environmental policy, the Vessel Incidental Discharge Act (VIDA) was signed into law on December 4, 2018, as part of the Frank LoBiondo Coast Guard Authorization Act of 2018. This legislation marks a major restructuring in how incidental discharges from commercial vessels are regulated in U.S. waters, including the contiguous zone.
A Dual-Agency Approach
VIDA assigns key responsibilities to two federal agencies:
- The Environmental Protection Agency (EPA) is tasked with developing national standards of performance for incidental discharges.
- The U.S. Coast Guard (USCG) is responsible for crafting the corresponding enforcement regulations.
This coordinated approach aims to unify regulatory standards across the maritime industry and reduce the patchwork of federal, state, and local requirements that previously applied.
Final National Standards of Performance (2024)
On September 20, 2024, the EPA finalized its long-anticipated national standards for discharges from:
- Non-recreational, non-Armed Forces vessels 79 feet and longer
- Ballast water discharges from fishing vessels of any size and smaller non-recreational vessels
These final rules were officially published in the Federal Register on October 9, 2024 (89 FR 82074). The USCG now has two years to develop and implement regulations to enforce these standards.
Until the USCG’s rules are in place, vessels must continue complying with the existing 2013 Vessel General Permit (VGP) and USCG ballast water regulations, in addition to any applicable state and local standards.
Supplemental Rulemaking and Public Engagement (2023)
In an effort to refine the final rule, the EPA published a Supplemental Notice of Proposed Rulemaking on October 18, 2023 (88 FR 71788). This notice included new data from the USCG and explored additional regulatory measures for:
- Ballast tanks
- Hulls and niche areas
- Graywater systems
Public feedback was encouraged during a two-month comment period that ended on December 18, 2023, with stakeholders invited to two virtual meetings held in November.
Origins in the 2020 Proposed Standards
The journey toward finalizing VIDA’s requirements began with the initial Proposed Rule published on October 26, 2020. This rule proposed comprehensive discharge standards for 20 different vessel systems. It established technology-based performance measures, including numeric effluent limits and best management practices, while distinguishing between vessel types, sizes, and whether they were newly built or existing.
Though some stakeholders requested an extension to the 30-day comment window, the EPA declined, citing the need to meet the two-year statutory deadline.
Interim Requirements Still in Effect
While the final rules are now published, interim standards remain in force until the USCG’s regulations are finalized:
- Large vessels (≥79 feet) must follow the 2013 VGP, USCG ballast water regulations, and any state/local laws.
- Small vessels (<79 feet) and all fishing vessels must comply with ballast water discharge requirements under the 2013 VGP and relevant USCG regulations.
Looking Ahead
The implementation of VIDA represents a significant regulatory shift aimed at improving consistency and environmental protection in maritime operations. With the EPA’s final standards now in place, all eyes are on the USCG as it works to deliver enforceable regulations by 2026.
For more details, including guidance documents, virtual meeting materials, and access to the regulatory texts, stakeholders are encouraged to visit the EPA’s VIDA information portal.
https://www.epa.gov/vessels-marinas-and-ports/commercial-vessel-discharge-standards
Saron Marine Environmental Services 