Western Governors assert that the Environmental Protection Agency (EPA) and U.S. Coast Guard (USCG) are not engaging in statutorily mandated consultation with Governors during the development of regulations for the Vessel Incidental Discharge Act (VIDA).
The Act, which establishes a framework for the federal regulation of discharges incidental to the normal operation of vessels under the Clean Water Act, requires the EPA to promulgate new regulations no later than Dec. 4, 2020. USCG is required to develop its own regulations.
Although Congress gave clear direction to EPA and USCG regarding the role that Governors should play in the development of these standards, the Governors point out in outreach on Sept. 9, 2019 letter that the current consultation process will not satisfy the requirements of the law.
The letter, signed by WGA Chair North Dakota Gov. Doug Burgum and Vice Chair Oregon Gov. Kate Brown, urges EPA Administrator Andrew Wheeler and USCG Commandant Karl L. Schultz to fulfill their statutory obligation to consult with Governors or their designees.
"While we appreciate the agencies’ outreach efforts to date, we believe that the consultation process articulated by EPA and USCG will not satisfy the requirements of the law, Congress’s intent in passing it, the principles of federalism described in Executive Order 13132, Federalism, or Western Governors’ policies.
