On October 9, 2024, the Environmental Protection Agency (“EPA”) published the final rule, Vessel Incidental Discharge National Standards of Performance (“VID-NSP”), establishing national performance standards under the Vessel Incidental Discharge Act (“VIDA”). See 89 Fed. Reg. 82074 (Oct. 9, 2024) (see our previous blog post detailing some of the rule’s history and substance, which the final rule substantially implements). Once made effective and enforceable through corresponding United States Coast Guard (“USCG”) regulations addressing implementation, compliance, and enforcement, the VID-NSP rule will control the discharge of pollutants into waters of the United States and waters of the contiguous zone 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. Additionally, the VID-NSP rule, once effective and enforceable, will repeal certain existing vessel discharge requirements, including those set forth in the 2013 Vessel General Permit (“VGP”).
Read the full post on Liskow’s The Energy Law Blog here.
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