Mariners Get Ready: Vessel Incident Discharge Act Changes May Increase Obligations

According to the Spring 2021 Unified Agenda, the U.S. Environmental Protection Agency (EPA) expects to promulgate its new Vessel Incidental Discharge National Standards of Performance any time now (originally expected by the end of 2021). By way of background, in December 2018, the Vessel Incident Discharge Act (VIDA) was signed into law via subsection (p) to Section 312 of the Clean Water Act (CWA). Under the CWA, the EPA and U.S. Coast Guard (USCG) regulate incidental discharges from vessels, including commercial vessels. Incidental discharges, which include ballast water, are any releases that occur when a vessel is in the normal course of its operations. Ballast water discharges can negatively impact the environment by inserting invasive species into the aquatic environment. The purpose of the law is to address the ecological effects of vessel discharges. Prior to VIDA, vessels were required to follow the 2013 Vessel General Permit (VGP) requirements. Currently,