WASHINGTON – Today, September 24, the U.S. Environmental Protection Agency announced the finalization of national discharge standards to control the release of pollutants and invasive species from approximately 85,000 vessels operating in U.S. waters.
These standards, issued through EPA’s Vessel Incidental Discharge National Standards of Performance final rule, address discharges that occur with normal operation of large vessels. EPA’s final rule will help address harmful pollutants, including bacteria, pathogens, oil, grease, and metals while reducing the spread of invasive species that can damage ecosystems and infrastructure.
“Clean water and healthy aquatic ecosystems provide multiple benefits to nearby communities. They support commerce and commercial fishing, they serve as sources of drinking water, and they connect people to nature,” said EPA Principal Deputy Assistant Administrator for Water Bruno Pigott. “EPA’s final rule will help protect our vital waterways while reducing the spread of invasive species, like zebra mussels. The agency’s final rule also delivers on Congress’ direction to establish nationwide requirements that replace the current patchwork of federal, state and local requirements.”
EPA’s Vessel Incidental Discharge National Standards of Performance final rule applies primarily to non-recreational, non-Armed Forces vessels 79 feet or longer (such as commercial, research and emergency rescue vessels) and ballast water from fishing vessels and non-recreational, non-Armed Forces vessels less than 79 feet long.
Discharges can happen during normal operation of these vessels while operating equipment and systems onboard, such as oil from machinery and wastewater from showers and sinks. Through best management practices and treatment standards, the EPA’s final rule addresses 20 discharges and their associated pollutants.
For example, the final rule requires “Lakers” – large vessels operating in the Great Lakes – that are constructed in the future, to operate ballast water management systems. This new federal requirement addresses known ballast-water management challenges aboard Lakers and will help reduce the spread of invasive species throughout the Great Lakes.
EPA’s new standards will not be implemented for up to two years while the U.S. Coast Guard develops and issues corresponding regulations. Until the U.S. Coast Guard regulations are final, effective and enforceable, vessels continue to be subject to the existing discharge requirements established in the EPA’s 2013 Vessel General Permit (pdf) and the U.S. Coast Guard’s ballast water regulations, as well as any other applicable state and local government requirements.
For more information, see EPA’s Commercial Vessel Discharge Standards website.
Background
Congress passed the 2018 Vessel Incidental Discharge Act to harmonize the patchwork of U.S. Coast Guard, EPA and state vessel incidental discharge permits and regulations. On October 26, 2020, EPA published a Notice of Proposed Rulemaking (85 FR 67818) in the Federal Register to solicit public input on the proposed standards of performance. On October 18, 2023, EPA also published a Supplemental Notice of Proposed Rulemaking (88 FR 71788) for public comment that shared new ballast water information that EPA received from the U.S. Coast Guard and discussed additional regulatory options for ballast tanks, hulls and associated niche areas and graywater systems that the EPA was considering for the final rule.