The Center for Biological Diversity and Friends of the Earth in the USA have filed a notice of intent to sue the Environmental Protection Agency (EPA) for failing to enact VIDA
The introduction of the Vessel Incident Discharge Act (VIDA) in November 2018 was seen as a crucial step forward for ballast water treatment systems manufacturers seeking USCG type-approval status.
Following a bipartisan agreement on language, the USCG Authorization Act with the attached VIDA was passed by the US Senate. The implications of VIDA were many, but brought (or so it was thought) USCG type-approval methodologies closer to those of IMO.
This included language that allows organisms that can no longer reproduce after ballast water treatment are not considered ‘living’. Also, under VIDA, the USCG was required to provide details on how it will test for reproduction in grow-out organisms and consider the most probable number methodologies for determining the number of organisms in treated ballast water.
Following the passing of VIDA, the role of the EPA was to set national standards of performance for discharges incidental to the normal operation of a vessel by December 2020. The standards were to be based on technology and can include numerical, best management practice or a combination of both.
After the EPA has set standards, the USCG must adopt the regulations to implement and enforce standards established by EPA.
EPA released a proposed rule on 26 October 2020, but the agency never finalised it and the situation remains confused. The USCG issued a draft policy letter that seemed to reject the testing laid out in VIDA.
By filing a notice of intent to sue the Environmental Protection Agency, The Center for Biological Diversity and Friends of the Earth in the USA have highlighted the lack of progress on VIDA. “The agency’s foot-dragging on finalising strong, legally required vessel discharge standards is inexcusable,” said the Center for Biological Diversity senior attorney Julie Teel Simmonds.
Although VIDA has stalled, the existing rules on ballast water in the USA continue, but lack of progress has caused some companies to withdraw from providing ballast water treatment systems.
“Ship discharges are wreaking ecological, economic and public health havoc, all while the EPA sits on its hands,” said Friends of the Earth oceans and vessels programme director Marcie Keever, “The agency must protect people, the economy, wildlife and habitats from harmful vessel pollution without any further delay.”
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