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.

 

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.

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.

November 9, 2020: https://www.youtube.com/watch?v=bJBYMQ6LXkw&feature=youtu.be

November 10, 2020: https://www.youtube.com/watch?v=bIJ64RgSftc&feature=youtu.be

November 17, 2020: https://www.youtube.com/watch?v=EMRDMBrjpvc&feature=youtu.be

 

Background Presentation

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

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 

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.