Commercial Vessel Discharge Standards
On December 4, 2018, the President signed into law the "Vessel Incidental Discharge Act" (VIDA) (PDF) (Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018). The VIDA restructures how EPA and the U.S. Coast Guard (USCG) regulate incidental discharges, primarily from commercial vessels, into waters of the United States and the contiguous zone. Specifically, the VIDA requires EPA to develop new national standards of performance for commercial vessel discharges and the USCG to develop corresponding implementing regulations. View more information on the VIDA.
- Final National Standards of Performance
- 2023 Supplemental Notice of Proposed Rulemaking
- 2020 Proposed Standards
- Interim Requirements
- Stakeholder Engagement Opportunities
- Frequently Asked Questions
Final National Standards of Performance
On September 20, 2024, the EPA finalized national standards of performance for incidental discharges from non-recreational, non-Armed Forces vessels 79 feet in length and above, as well as ballast water only from fishing vessels of any size and non-recreational, non-Armed Forces vessels less than 79 feet in length. The EPA's Vessel Incidental Discharge National Standards of Performance final rule was published in the Federal Register on October 9, 2024 (89 FR 82074).
The USCG has two years to develop corresponding implementing regulations to ensure, monitor and enforce compliance with the EPA's standards. Until the USCG's regulations are final, effective and enforceable, vessels continue to be subject to the existing discharge requirements established in the EPA's 2013 Vessel General Permit and the USCG's ballast water regulations, as well as any other applicable state and local government requirements.
2023 Supplemental Notice of Proposed Rulemaking
On October 18, 2023, EPA's Supplemental Notice of Proposed Rulemaking to the Vessel Incidental Discharge National Standards of Performance was published in the Federal Register (88 FR 71788). The Supplemental Notice shared new ballast water information that EPA received from the USCG and discussed additional regulatory options for ballast tanks, hulls and associated niche areas, and graywater systems that EPA was considering for the final rule.
The comment period for the Supplemental Notice closed on December 18, 2023. EPA was soliciting comments solely on the information presented in the Supplemental Notice. EPA's final rule will consider comments received on both the Proposed Rule and the Supplemental Notice.
EPA hosted two virtual public meetings on November 8 and 16, 2023 to introduce the Supplemental Notice, highlight additional regulatory options that EPA is considering for the final rule, and provide information on the comment submission process. The same information was presented at both meetings. The presentation slides and recordings of the meetings are available on the Stakeholder Engagement Opportunities page.
2020 Proposed Standards
On October 26, 2020, EPA's Notice of Proposed Rulemaking - Vessel Incidental Discharge National Standards of Performance - published in the Federal Register for public comment. Comments on the proposed rule were due by November 25, 2020.
EPA made the decision not to extend the 30-day public comment period for the Vessel Incidental Discharge National Standards of Performance Proposed Rulemaking published in the Federal Register on October 26, 2020. This decision is based on several factors. Notably, EPA is currently working as expeditiously as possible to meet Congress’ two-year statutory deadline for EPA to finalize the rule. Additionally, the Agency posted the signed, pre-publication version of the proposed rule on its website and notified stakeholders of the availability of this version on October 6, 2020, essentially providing a total of 50 days for review before the close of the comment period on November 25, 2020.
The proposed rule would establish national standards of performance for incidental discharges from primarily commercial vessels under the VIDA. The proposed rule details specific discharge standards that would apply to 20 different types of vessel equipment and systems, as well as general discharge standards that would apply more broadly to all types of vessel incidental discharges.
As required in the VIDA, the proposed discharge standards are technology-based and in the form of numeric effluent limits and best management practices; distinguish among classes, types, and sizes of vessels, and between new and existing vessels; and are at least as stringent as the 2013 Vessel General Permit (VGP), with limited exceptions.
The proposed regulations also incorporate procedures for states, working through the EPA or the USCG, as provided for in the VIDA, to seek different discharge requirements, including no-discharge zones for one or more incidental discharges.
Visit our Stakeholder Engagement Opportunities page for an introductory presentation on the VIDA and the proposed rule, as well as information on three virtual public meetings scheduled for November 2020.
Interim Requirements
The following interim requirements continue to apply until the EPA publishes final standards and the USCG publishes corresponding implementing regulations:
- For large commercial vessels (≥ 79 feet in length), except fishing vessels: The existing vessel discharge requirements established through the EPA 2013 Vessel General Permit (VGP) and the USCG ballast water regulations, and any applicable state and local government requirements.
- For small vessels (<79 feet in length) and fishing vessels of any size: The existing discharge requirements for ballast water only established through the EPA 2013 VGP and the USCG ballast water regulations, and any applicable state and local government requirements.
View more information on the interim requirements: