History: CZMA Review Exte nsion Fo r Maine; VGP and sVGP 

## l:J John Nagle to: Burrowes , Todd Cc- "Leyden, Kathl ee n ", "Mullen, Mike" , Dav i d Webster , Juh l Saxen a,
· Ryan Albert This message has been forwarded. 03/01/2012 12:01 PM

j6l John Nagle 

### l I Todd: This e-mail responds to yo ur e-mail of January 19 , 2012, (see b 

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Todd: This e-mai l responds to your e-ma il of January 19, 2012, (see be low) requesting an extens ion of time for you to provide your Coas tal Zo ne Man age ment Act (CZMA) co ns istency concurrence or objection on the Environmental Prot ection Age ncy's (EPA) nationa l consistency determinations for re-issuance of the Vesse l Ge neral Permit (VGP) and issuance of the Small Vesse l General Permi t (sVGP)

. EPA provided its " nati onal co n sistency determinati on s" to you for revi ew u nder section 307 of the CZMA by a letter dated December 1 9,2011. In that letter, EPA explained that it antic i pated yo ur response within 60 days of receipt or that E PA would presume concurrence. By this e -m ail, EPA prov ides you an exten s i on oftime until July 16 , 2012 for comp letion ofyour CZMA consistency review, including you r co ncurre nce with or objection to EPA's national consistency determinations for the VGP and sVGP, respectively. The exte ns ion for your response i s unti l your close ofbus iness on July 16, 2012. Your e-mail ind ica ted tha t you will be unable to comp lete your CZMA cons is tency review until the Ma ine D epartment of Environmental Protection (M aine D EP) issues Cle an Water Act (CWA) section 401 cer tifications fo r the draft VGP and sVGP b ec ause under Maine 's netwo r ked coastal program, the 401 certifications w ill p rovide the bas is for the State's concurrence with or object ion to E PA's consistency determination. Yo u al so said that yo u wou ld like to be abl e to coordinate with Maine DEP. EPA believes that it is appropri ate to provide addi tional time for completion of your CZMA consistency r eview until July 16 ,20 1 2 be cause Maine DEP h as until June 3 0 , 2012 to either provide or waive CW A se ction 401 c ertification o n the permits. In order t o enable you to full y and appropri ately consider the re su lts of the CW A section 40 l certification process in Maine, th e exten sion provided extend s until Ju ly 16, 2012. We are also notifying you now t hat in order to enable you to time l y complete fin a l action on these two p erm its, EPA generally will no t be able to accommodate extensions beyond Jul y 16

. I f a reply i s not received within that time p eriod, EPA intend s to presume yo ur concurrence. See, 15 C.F.R. 930 .4 1 (a ). It is important to a ll of us that we are ab le to take timely final action on the next VGP and sV GP , and comp letion of the CZMA rev iew process i s an important part of that. EPA urges you to initiate your CZM A review promp tly , including in co ordination with your colleagues in Maine DEP. We look forward to workin g with you, and should yo u have furth er questions , pl ease donot hesitate t o contact me . JHN Joh n H. Nagle B iologist I E nviro n mental Sc i ent i st U.S. Env i ronmental Protect i on Agency New England Region I 5 P ost Office Square, Suite 100 M ail Code OEP06-1 Boston, MA 02 1 09 - 3912 (617) 918-1054 (phone) (61 7 ) 918-1505 (fax) nagle . jo h n@epa . gov (e-mail) "Burrow e s, Todd" H i, John. I am writing to request a six-month ext... From: To: "Burrowes, T odd" < T odd.Bu r rowes@maine.gov> John Nagle/R 1 /USEPA/US@EPA

01/19/201211:54:57 AM Cc: Da t e: "Leyden, Kathleen" <Ka t hleen.Leyden@maine . gov>, " Mullen , Mike" <Mike . Mullen@maine . gov> 01/ 1 9/201211:54 AM Subject: CZMA review; VGP and sVGP Hi, John . I am writing to request a six-month extension of the period for review of EPA's federal consistency determination regarding its proposed vessel general permit and small vessel general permit. The purpose of the extension is to better align the period for CZMA review with that under Section 401 of the Clean Water Act. Under the terms of Maine's networked coastal program, the Maine Department of Environmental Protection's {DEP) review and 401 order regarding the proposed general permits will provide the basis for the State's concurre n ce with or objection to EPA's consistency determinat i on . As outlined in your recent e-mail, EPA is hosting an informational meeting to assist states reviewing the general permits and anticipates discussions with states about their consistency with pertinent state water quality-related laws. The proposed six - month extension would help us coordinate the State's CZMA response with DEP's review and decision, with the understanding that the State would issue its CZMA decision concurrently with and based on DEP's 401 decision, likely within this six-month period. The precise schedule for DEP's review and decision has not been determined and may depend on issues and changes that emerge from your agency's dialogue with states.

Please confirm that e-mail suffices for making this request; if not, we'll follow up by regular l etter. Please let me know if you have any questions. Thanks for your consideration. Todd Burrowes Federal Consistency Coordinator/Maine