From VGP to VIDA: Vessel Discharge Compliance with EALs

Commercial vessel operators are likely familiar with the 2013 Vessel General Permit (VGP), which set the framework for regulating discharges incidental to the normal operation of vessels. That framework has now entered a period of transition.

When the Vessel Incidental Discharge Act (VIDA) was signed into law in 2018, it directed the EPA to develop national standards of performance to unify and simplify vessel discharge regulation at the federal level. While this process unfolded, the existing VGP provisions remained in place. In November 2024, the EPA issued its final VIDA rules.

These rules are not yet enforceable—they will become effective once the U.S. Coast Guard publishes its implementing regulations, which are expected by 2026.

In the meantime, the VGP remains in effect, and vessel operators must continue to comply with its provisions, including those related to environmentally acceptable lubricants (EALs).

However, it’s important to understand how VIDA expands and redefines key aspects of compliance, especially around the use of lubricants and hydraulic fluids.

Who VIDA Applies To

The VIDA rules apply broadly to non-recreational, non-Armed Forces vessels that are 79 feet or longer. In addition, the standards apply to ballast water discharges from smaller vessels and fishing vessels of all sizes. This scope mirrors and extends the reach of the VGP in several ways, including with respect to the equipment and types of fluids regulated.

VIDA is specifically focused on discharges incidental to a vessel’s normal operations. These include a wide range of sources, from ballast water to machinery leaks, many of which involve the use or potential release of lubricants.

Oil-to-Sea Interfaces and VIDA

VIDA continues the regulatory emphasis on oil-to-sea interfaces, a term that refers to equipment where lubricated components have the potential to release oil directly into surrounding waters.

Under the new rule, this definition is expanded and clarified. It includes both:

• Equipment that is submerged or partially submerged, and
• Equipment mounted above the waterline but that extends overboard or is fixed to the vessel’s exterior hull and may release lubricants during use.

Examples include stern tubes, controllable pitch propellers, rudder bearings, deck cranes, hydraulic ramps, and other components that use oil or hydraulic fluid and are exposed to water either directly or during operation.

Notably, VIDA recognizes that losses from deck-mounted equipment that extends overboard are functionally similar to submerged discharges and are now regulated in the same way.

Importantly, certain seal systems, such as air seals or mechanical barriers, that are specifically designed to prevent any lubricant release under normal conditions are not considered oil-to-sea interfaces under the regulation. This distinction recognizes the role of advanced mechanical design in eliminating discharge pathways altogether.

How VIDA Defines EALs

VIDA defines an Environmentally Acceptable Lubricant (EAL) as any lubricant or hydraulic fluid—including oils or greases—that is biodegradable, minimally toxic, and not bioaccumulative.

This formalizes and expands the VGP’s definition by explicitly including hydraulic fluids, making clear that all such fluids used in oil-to-sea interfaces are subject to EAL requirements unless their use is technically infeasible.

Unlike the VGP, VIDA does not reference specific ecolabeling programs (like the EU Ecolabel or Blue Angel) to determine whether a product qualifies. The EPA determined that relying on third-party ecolabels could be problematic, since the agencies cannot control changes in those programs’ criteria.

That said, many products previously certified under such programs are expected to continue meeting the new standards. Vessel operators will still need to maintain adequate technical documentation to demonstrate compliance.

What Operators Should Know About EAL Use

The EPA’s final standards require the use of EALs at all oil-to-sea interfaces unless such use is technically infeasible. This requirement is part of a broader oil management standard rather than a specific discharge category. That means the obligation applies wherever oil or hydraulic fluid could be released into surrounding waters as part of normal operation.

This includes both legacy applications already regulated under the VGP and new or clarified categories introduced under VIDA. For example, EPA has explicitly called for operators of newbuild vessels to consider seawater-based lubrication systems—particularly for stern tubes—as a way to eliminate oil discharges entirely.

As before, determinations of technical infeasibility—such as lack of compatible EAL products or equipment constraints—are allowed but must be documented. These determinations will fall under the USCG’s enforcement authority once its regulations are finalized.

State Involvement and Future Enforcement

One of the most significant changes under VIDA is its effect on state authority. Once the Coast Guard regulations become enforceable, states will no longer be permitted to impose their own discharge requirements beyond those established under VIDA. However, the law does provide a mechanism for states to request more stringent protections within their waters, including the option to establish no-discharge zones for specific types of incidental discharges.

VIDA also expands enforcement authority. While the U.S. Coast Guard will remain the lead enforcement agency, both the EPA and individual states are now authorized to enforce federal requirements under the Clean Water Act as modified by VIDA. This shared enforcement model is designed to provide flexibility while maintaining national consistency.

Preparing for Compliance—and Choosing the Right Lubricants

With the EPA’s final standards now in place and Coast Guard implementation on the horizon, commercial vessel operators should begin reviewing their current discharge practices and lubricant selections. This includes identifying oil-to-sea interfaces onboard, evaluating existing product usage, and ensuring that lubricants and hydraulic fluids meet VIDA’s updated EAL criteria.

As VIDA replaces the VGP, the focus is not just on substitution but also on modernization. For many vessels, this is an opportunity to shift to higher-performing lubricants that reduce environmental risk while supporting mechanical reliability.