Vessel Incidental Discharge Act (VIDA) Stakeholder Engagement Opportunities

EPA is committed to stakeholder outreach and engagement throughout the regulatory development process, and as part of this effort designed both pre- and post-proposal engagement opportunities for stakeholders to learn about these new national standards of performance.

Supplemental Notice of Proposed Rulemaking (October 2023)

On October 18, 2023, EPA published a Supplemental Notice to the Vessel Incidental Discharge National Standards of Performance. The Supplemental Notice shares new ballast water information that EPA received from the U.S. Coast Guard and discusses additional regulatory options for ballast tanks, hulls and associated niche areas, and graywater systems that EPA is considering for the final rule. See the publication of the Supplemental Notice. Comments must be submitted on the Supplemental Notice by no later than December 18, 2023.

Virtual Public Meetings (November 2023)

Dates: November 8 and 16, 2023

Description: EPA hosted two virtual public meetings 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 will be presented at both meetings.

Presentation Slides: Presentation on Vessel Incidental Discharge National Standards of Performance - Supplemental Notice of Proposed Rulemaking (pdf) (3.28 MB)

Recordings:

Notice of Proposed Rulemaking (October 2020)

On October 26, 2020, EPA published a Notice of Proposed Rulemaking for Vessel Incidental Discharge National Standards of Performance under the 2018 Vessel Incidental Discharge Act (VIDA). See the publication of the proposed standards of performance.

Post-Proposal Outreach (November 2020)

Virtual Public Meetings

Dates: November 9, 10, and 17, 2020

Description: EPA hosted three virtual public meetings on the proposed national standards of performance under the VIDA. During the meetings, EPA introduced the proposed rule, highlighted changes from existing requirements, and provided information on the public comment submission process. Note: The EPA presentation covered the same materials for all three meetings.

Presentation Slides: Presentation on Vessel Incidental Discharge National Standards of Performance - Proposed Rule

Recordings:

Background Presentation

This presentation provides an overview of the EPA proposed standards, post-proposal stakeholder engagement opportunities, and the public comment submission process.

Slides: Introduction to the EPA Proposed Vessel Incidental Discharge National Standards of Performance.

Pre-Proposal Public Outreach and Consultations (Summer 2019)

Webinars

Date: May 7, 2019 from 3:00-4:30 PM EST; May 15, 2019 from 9:30-11:00 AM EST
Description: Introduction to the Vessel Incidental Discharge Act (VIDA). EPA and the USCG provided a general overview of the VIDA, discussed interim and future discharge requirements, described future state and public engagement opportunities, and answered clarifying questions raised by the audience.
Recordings:
May 7, 2019: https://www.youtube.com/watch?v=UDaptqGwJdQ&feature=youtu.be
May 15, 2019: https://www.youtube.com/watch?v=LC1bCcGekoc&feature=youtu.be
Presentation Slides: Vessel Incidental Discharge Act: Overview

Listening Session (2-day)

Date: May 29, 2019 from 10:00 AM - 5:30 PM EST and May 30, 2019 from 8:30 AM - 12:30 PM EST

Location:

U.S. Merchant Marine Academy

Kings Point, NY

Description: EPA and the USCG hosted a two-day listening session to provide a general overview of the VIDA and a summary of regulatory considerations for specific incidental discharges, including an opportunity for public input.

Agenda: VIDA Listening Session Agenda

Presentation Slides: VIDA Discharge Presentations

Consultations

During the development of the proposed rule, EPA and the USCG also consulted with Governors, states, and federally-recognized Tribes. Detailed documentation of the stakeholder outreach prior to the proposal is available through the proposed rule-making docket at https://www.regulations.gov under the docket EPA-HQ-OW-2019-0482.

Federalism Consultation: Pursuant to the terms of Executive Order 13132, EPA and the USCG conducted a federalism consultation briefing on July 9, 2019, in Washington, D.C., to allow states and local officials to have meaningful and timely input into EPA rulemaking for the development of the national standards of performance.

Governors Input Process: CWA section 312(p)(4)(A)(iii)(II) directs EPA to develop a process for soliciting input from interested Governors, including sharing information relevant to the process, to allow interested Governors to inform the development of the national standards of performance. On July 10 and 18, 2019, EPA and the USCG, with the support and assistance of the National Governors Association, held meetings with Governor representatives to provide an overview of the VIDA, discuss state authorities under the VIDA, and solicit input on a process that would meet both the statutory requirements and state needs. The Governors’ input process included three regional, web-based forums for Governors and their representatives to inform EPA on the challenges and concerns associated with existing requirements under the Vessel General Permit and discuss potential considerations for key discharges of interest. Additionally, EPA held follow-up calls with representatives from the Great Lakes states on December 18, 2019 and with representatives from the West Coast states on January 15, 2020, to address comments submitted to EPA.

Tribal Consultation: EPA also consulted with tribal officials under the EPA Policy on Consultation and Coordination with Indian Tribes early in developing this regulation to allow them to have meaningful and timely input into its development. EPA held an informational webinar for tribal representatives on July 11, 2019, and provided an overview of the VIDA during the Region 10 Regional Tribal Operations Committee (RTOC) call on July 18, 2019, as requested by the RTOC. In addition, EPA held one consultation meeting with the leadership of a tribe, at the tribe’s request, to obtain pre-proposal input and answer questions regarding the forthcoming rule.