US Vessel Incidental Discharge Act (VIDA)

US Vessel incidental Discharge act (VIDA)

The United States (US) Environmental Protection Agency (EPA) uploaded its proposed rule for VIDA’s National Standards of Performance on 5 October.

This proposed rule, under the Vessel Incidental Discharge Act (VIDA), would establish national standards of performance for marine pollution control devices for discharges incidental to the normal operation of ships in US waters (12nm from shore). VIDA requires EPA to develop new national standards of performance for commercial vessel discharges and the US Coast Guard (USCG) to develop corresponding implementing regulations.

The new rule will bring together the two separate pieces of Federal legislation; 1. The Clean Water Act’s Vessel General Permit (VGP) and; 2. The USCG Ballast Water Regulations. The final piece of legislation will therefore have a significant impact on Members' tankers trading to the US. A joint Working Group between the Environment Committee and members of the North American Panel has been established to consolidate comments from INTERTANKO’s Members. Two virtual meetings are scheduled at the end of October in order to swiftly gather and submit comments within the short 30-day comment period established by the EPA.

The Working Group met for the first time on 15 October 2020 to review the proposed rule. It was noted that the general discharge standards of performance are designed to apply to all vessels and incidental discharges covered by the rule, as appropriate, and are organised into three categories: (1) General Operation and Maintenance, (2) Biofouling Management, and (3) Oil Management.

The specific discharge standards of performance would establish requirements for 20 separate discharges incidental to the normal operation of a vessel from the following pieces of equipment and systems: ballast tanks, bilges, boilers, cathodic protection, chain lockers, decks, desalination and purification systems, elevator pits, exhaust gas emission control systems, fire protection equipment, gas turbines, graywater systems, hulls and associated niche areas, inert gas systems, motor gasoline and compensating systems, non-oily machinery, pools and spas, refrigeration and air conditioning, seawater piping, and sonar domes.

A provisional assessment of VIDA has been undertaken by the Secretariat which is available here.

Members with views, comments or questions on the proposed rule and the provisional summary should email: environment@intertanko.com

The full text of the proposed rule is available from the EPA website:
https://www.epa.gov/vessels-marinas-and-ports/pre-publication-proposed-rule-vessel-incidental-discharge-national

2013 VGP

The final EPA national standards of performance developed pursuant to VIDA will be effective only after corresponding USCG implementing regulations are final, effective, and enforceable. Until then, the EPA 2013 VGP, the USCG ballast water regulations, and state and local government requirements remain in force and effect. Details on the 2013 VGP are provided below with the official EPA website available here: https://www.epa.gov/vessels-marinas-and-ports/commercial-vessel-discharge-standards

Overview of major issues

Recordkeeping
The US Environmental Protection Agency (EPA) has issued a Vessel General Permit (VGP) for discharges incidental to the normal operation of a vessel within 3 miles of the US.  Any vessel that wishes to discharge any of the 27 discharge types listed in the VGP must submit a Notice of Intent (NOI) to receive coverage under the VGP.  In addition, to the discharge requirements, the VGP contains comprehensive recordkeeping requirements that must be maintained on the ship.  Failure to comply with any of these recordkeeping requirements can result in a significant penalty to the ship.  INTERTANKO has prepared Guidance for Implementing the EPA VGP to assist members in complying with the VGP requirements, including those pertaining to recordkeeping.  INTERTANKO will also play an active role with the US EPA in ensuring that any future VGP requirements are practicable and reasonable.

Monitoring
The US Environmental Protection Agency (EPA) has issued a Vessel General Permit (VGP) for discharges incidental to the normal operation of a vessel within 3 miles of the US.  Any vessel that wishes to discharge any of the 27 discharge types listed in the VGP must submit a Notice of Intent (NOI) to receive coverage under the VGP.  In addition, to the discharge requirements, the VGP contains extensive monitoring requirements that must be complied with to ensure that any discharges being made by the ship are in compliance with the VGP requirements.  Failure to comply with any of these monitoring requirements can result in a significant penalty to the ship.  INTERTANKO has prepared Guidance for Implementing the EPA VGP to assist members in complying with the VGP requirements, including those pertaining to recordkeeping.  INTERTANKO will also play an active role with the US EPA in ensuring that any future VGP requirements are practicable and reasonable.