Commercial Vessel Discharge Standards: Program History

On December 4, 2018, the Vessel Incidental Discharge Act (Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018) was signed into law. VIDA restructures how the EPA and the U.S. Coast Guard regulate incidental discharges, primarily from large commercial vessels, into waters of the United States and the contiguous zone. Specifically, VIDA requires the EPA to develop new national standards of performance for discharges and the USCG to develop corresponding implementing regulations. More information on VIDA is available on the EPA's Vessel Incidental Discharge Act webpage. 

The EPA's VIDA rulemaking included a proposed rule, a supplemental notice, and a final rule. Prior to the passage of VIDA, discharges from commercial vessels were regulated under a different framework.

• 2024 Final Rule
• 2023 Supplemental Notice of Proposed Rulemaking
• 2020 Notice of Proposed Rulemaking
• Before VIDA
• Legal and Legislative History Before VIDA

2024 Final Rule

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. More information on these interim requirements is available on the EPA’s Interim Requirements and the 2013 Vessel General Permit webpage.

2023 Supplemental Notice of Proposed Rulemaking

On October 18, 2023, the EPA published a Supplemental Notice of Proposed Rulemaking. The Supplemental Notice shared new ballast water data that the EPA had received from the U.S. Coast Guard following the 2020 proposal, and discussed additional regulatory options for ballast tanks, hulls and associated niche areas, and graywater systems that the EPA was considering for the final rule. The EPA hosted two virtual public meetings in November 2023, roughly halfway through the 60-day public comment period. A copy of the presentation and recordings of the meetings is available on the EPA’s Stakeholder Engagement Opportunities webpage.

The decision to issue a Supplemental Notice was based on feedback received by the agency in comments received on the proposed rule, as well as during a series of meetings with states, Tribes, the regulated community, environmental organizations and other stakeholders held between August and November 2021.

2020 Notice of Proposed Rulemaking

On October 26, 2020, the EPA's Notice of Proposed Rulemaking published in the Federal Register for a 30-day public comment period. The proposed rule included 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 discharges subject to the rule. The proposed rule also included procedures for states, working through the EPA and/or the USCG, to seek different discharge requirements through one of several state petition processes. Both before and after proposal, the EPA hosted a series of in-person and virtual outreach meetings and webinars between May 2019 and November 2020. More information on these meetings and webinars is available on the EPA’s Stakeholder Engagement Opportunities webpage.

Before VIDA

Prior to the passage of VIDA, the EPA regulated incidental discharges from commercial vessels under the Clean Water Act National Pollutant Discharge Elimination System (NPDES) permitting program, primarily through two general permits: the Vessel General Permit (VGP) and the Small Vessel General Permit (sVGP).  Until the new EPA and USCG VIDA regulations are final, effective and enforceable, the requirements of the VGP remain in effect; however, VIDA repealed the sVGP and similarly excluded small vessels and fishing vessels from federal incidental discharge standards, except for ballast water, effectively immediately.

In 2008, the EPA issued the first iteration of the Vessel General Permit, which was subsequently updated and reissued in 2013. Per VIDA, the requirements of the 2013 VGP remain in place until the new EPA and USCG VIDA regulations are final, effective and enforceable. At that time, the requirements of the VGP shall be deemed repealed and have no force or effect.

The EPA finalized the Small Vessel General Permit in 2014. VIDA, however, repealed the 2014 sVGP on December 4, 2018, and established that neither the EPA nor the states shall require a NPDES permit for any discharge incidental to the normal operation of a vessel, other than ballast water, from a small vessel or fishing vessel, effective immediately upon VIDA's enactment.

 Learn more about the interim requirements and the 2013 Vessel General Permit.

Legal and Legislative History Before VIDA

• Public Law 110-288 - signed into law on July 29, 2008, provides that recreational vessels shall not be required to obtain an NPDES permit for discharges incidental to their normal operation. It instead directs the EPA to evaluate recreational vessel discharges, develop management practices for appropriate discharges and promulgate performance standards for those management practices. It then directs the U.S. Coast Guard to promulgate regulations for the use of the management practices developed by the EPA and requires recreational boater compliance with such practices. (Senate bill S. 2766 - "the Clean Boating Act of 2008").
• P.L. 110-299 - signed into law on July 31, 2008, and generally imposes a moratorium during which time neither the EPA nor states may require NPDES permits for discharges incidental to the normal operation of commercial fishing vessels and other non-recreational vessels less than 79 feet, other than for ballast water, until July 31, 2010. In addition, P.L. 110-299 directs the EPA to conduct a study of vessel discharges and issue a report to Congress. The EPA finalized the "Report to Congress: Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 79 Feet" (Docket ID No. EPA-HQ-OW-2009-0828)  in August 2010. (Senate bill S. 3298).
• Several bills after P.L. 110-299 extended the NPDES permitting moratorium:
  • P.L. 111-215 - signed into law on July 30, 2010, extended the moratorium to December 18, 2013. (Senate bill S. 3372).
  • P.L. 112-213 - signed into law on December 20, 2012. Section 703 extended the moratorium to December 18, 2014. (House of Representatives bill H.R. 2838).
  • P.L. 113-281 - signed into law on December 18, 2014. Section 602 extended the moratorium to December 18, 2017. (Senate bill S. 2444 - The Howard Coble Coast Guard and Maritime Transportation Act of 2014).
  • P.L. 115-100- signed into law on January 3, 2018, extended the moratorium to January 19, 2018 (Senate bill S. 2273).