The Biden Administration has been carving out a new trajectory for the compliance requirements of the Vessel Incidental Discharge Act (VIDA). These developments are a consequence of a new Supplemental Notice submitted to the Office of Management and Budget for review by the Environmental Protection Agency (EPA). This raises anticipation for final regulation in this area by the autumn of 2024. Read more about it here.
It is noted in the submission that the new regulations are intended to better control commercial vessel incidental discharges. The overhaul intends to achieve better alignment with the Act that was authorized by the United States Coast Guard (USCG). The USCG authorization mandates that the EPA develops and eventually enforces standards for discharges incidental to the normal operations of commercial vessels. The standards, once enforced, will have significant impacts on businesses whose operations include commercial vessels.
While there has been forward progress on this matter, legal professionals should be aware that the anticipated timeline leaves quite some time before these new regulations become enforceable. Therefore, while the details are scarce at this stage, significant consultation and feedback periods are expected before the final rule is promulgated.
Regular updates are recommended over the coming months to understand the specifics of the proposed rules and how they might impact various sectors and corporations. The expected unveiling date of the finalized rule in the fall of 2024 provides ample time for relevant organizations and law firms to prepare for the upcoming changes in the compliance landscape.