G/TBT/N/USA/1663/Add.2  
 
19 October 2023  
(23-7045) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  
Addendum  
The following communication , dated  19 October 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  Vessel Incidental Discharge National Standards of Performance  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[ ] Notified measure published - date:  
[ ] Notified measure enters into force - date:  
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[X] Content or scope of notified measure changed  and text available from1:  
Supplemental notice of proposed rulemaking  
88 Federal Register (FR) 71788, 40 Code of Federal Regulations (CFR) Part 139:  
https://www.govinfo.gov/content/pkg/FR -2023-10-18/html/2023 -22879.htm  
https://www.govinfo.gov/content/pkg/FR -2023-10-18/pdf/2023 -22879.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/modification/23_13054_00_e
.pdf 
New deadline for comments (if applicable):  18 December 2023  
[ ] Interpretive guidance issued and text available from1:  
[ ] Other:  
 
Description:  On 26 October 2020, the U.S. Environmental Protection Agency (EPA) proposed under 
the Vessel Incidental Discharge Act (VIDA)  national standards of performance for marine pollution 
control devices for discharges incidental to the normal operation of primarily non - military and non -
recreational vessels 79 feet in length and above into the waters of the United States or the waters  
of the contiguous zone (hereafter, "the proposed rule"). This supplemental notice presents ballast 
water management system type -approval data EPA received from the U.S. Coast Guard (USCG) 
since the proposed rule and supplements the proposed rule with supp lemental regulatory options 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1663/Add.2  
 
- 2 - 
 
  that EPA is considering for discharges from ballast tanks, hulls and niche areas, and graywater 
systems. These supplemental options are informed by comments received during the first public 
comment period and subsequent meetings  with interested states, tribes, and other stakeholders 
held between August and November 2021. EPA solicits public comment solely about the information 
presented in this document; the Agency is not soliciting public comment on any other aspects of the 
proposed rule that are not addressed in this document. All comments on this document and the 
comments on the proposed rule will be considered during the development of the final rule.  
This supplemental notice of proposed rulemaking and previous actions notifie d under the symbol 
G/TBT/N/USA/1663  are identified by Docket Number EPA -HQ-OW-2019-0482. The Docket Folder is 
available on Regulations.g ov at https://www.regulations.gov/docket/EPA -HQ-OW-2019-
0482/document  and provides access to primary and supporting documents as well as comme nts 
received. Documents are also accessible from Regulations.gov  by searching the Docket Number. 
WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point  
by or before 4pm Eastern Time  on 18 December 2023. Comments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders will be shared with the regulator and will also be 
submitted to the Docket  on Regulations.gov if received within the comment period.  
__________