The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

1

CELEBRATI NG / 

July 10,2012 

Mr. David Webster, Chief 

Water Pennits Branch 

Office of Ecosystem Protection 

USEPA New England 

5 Post Office Square - Suite 100 

Boston, MA 02109-3912 

Celebrating 25 Years of Protecting 

New Hampshire's Environment 

Subject: State Certification of the Reissuance of the NPDES Vessel General Permit for Discharges 

Incidental to the Normal Operation ofVessels (VGP) 

Dear Mr. Webster: 

By letter dated December 9, 2011, the U.S. Environmental Protection Agency (EPA) requested State 

Certification of the proposed reissuance of the NPDES Vessel General Permit for Discharges Incidental to 

the Normal Operation ofVessels (VGP). 

The EPA publicly noticed the availability of the draft permit, including the Fact Sheet, in the Federal 

Register dated December 8, 2011. The Public Notice provided a public comment period until February 

21.2012. The public notice stated that the draft permit and fact sheet could be obtained by contacting 

EPA at (202) 564-0763 or at vgp@epa.gov. 

After appropriate staff review, State Certification is hereby granted pursuant to Section 401 of the Clean 

Water Act. Our certification is conditional on the final version not containing changes that conflict with 

New Hampshire statutes or administrative rules as well as the inclusion of the attached State Permit 

Conditions to Part 6. 

If you have any questions relative to this matter please call Jeff Andrews at (603) 271-2984. 

· Sincerely, ~) fin~ . 

··--<-- ax. e_-i0 ~da T. Stewart, .E., Director 

{) Water Division 

cc: Thelma Murphy, V.t'Boston 

Christian Williams, Federal Consistency Coordinator, NH Coastal Program, DES- Portsmouth 

Paul Heirtz1er, P.E., Esq., Administrator 

www.des.nh.gov 

29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 

Telephone: (603) 271-3503 • Fax: (603) 271-2982 • TDD Access: Relay NH 1-800-735-2964 
ATTACHMENT 1 -Vessel General Permit 

NEW HAMPSHIRE STATE PERMIT CONDITIONS 

1. Conditions Applicable to Coastal (Tidal) Waters 

1.1. In a Notice ofDetennination in the Federal Register dated September 27, 2005, the State 

ofNew Hampshire was granted permission by EPA for a No Discharge Area. The No 

Discharge Area consists of aU tidal and estuarine waters, including all bays and rivers to 

the tidal dams, and all ocean waters within three nautical miles of the New Hampshire 

shoreline and Isles of Shoals. In the No Discharge Area, all boat sewage discharge 

(including graywater containing sewage), whether treated or untreated, is prohibited. For 

a brochure on New Hampshire's Coastal Pumpout Program see 

http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/no dischar 

ge area.pdf 

1.2. Graywater without sewage should be discharged at pumpout facilities or beyond three 

nautical miles of the New Hampshire shoreline and the Isles of Shoals wherever feasible. 

This is infeasible at this time for vessels without holding tanks for graywater, but these 

vessels should plan to install such holding tanks during one of the next two scheduled 

dry docking events if such installation is technically feasible and would not jeopardize 

the safety of the vessel. 

1.3. Part 2.2.15 of the draft Vessel General Pennit prohibits the discharge of graywater from 

vessels with graywater holding tanks to nutrient impaired waters. For all practical 

purposes for this part, nutrient impaired tidal waters in New Hampshire include tidal 

waters west of the Interstate 95 Bridge over the Piscataqua River. For a more detailed 

delineation of nutrient impaired waters see the DES' Watershed Report Cards at 

http://des.nh.gov/organization/divisions/water/W1nb/swga/report cards.htrn. 

1.4. Bilgewater may contain fuel, oil, paint chips and other pollutants associated with the 

cargo or processes occurring on the vessel. Part 2.3 .1 requires among other things that 

your discharges be controlled as necessary to meet applicable water quality standards. 

The applicable water quality standards in New Hampshire are found in RSA 485-A:8 

and the Surface Water Quality Regulations Env-Wq 1700, which are available at 

http://des.nh.gov/organization/commissioner/legal/rules/documents/env-wgl 700.pdf. 

Vessel operators should pay particular attention to using all necessary management 

practices, treatment and discharge methods to ensure that the surface waters near the 

vessel remain free from substances that would settle to form harmful deposits or float as 

foam, debris, scum or other visible pollutants or otherwise violate the General Water 

Quality Criteria (see Env-Wq 1703.03) or the Minimum Criteria for Mixing Zones (see 

Env-Wq 1707.02). For discharges such as bilgewater that are likely to contain pollutants 

that are toxic to aquatic life, the management practices, treatment and discharge methods 

must also ensure that the discharge does not cause the surface water in the vicinity of the 

discharge to contain "taxies in toxic amounts" (see Env-Wq 1703.21). 
2. Conditons Applicable to Inland (Freshwater) Surface Waters 

2.1. The inland lakes ofNew Hampshire are No Discharge Areas for both sewage and 

graywater. See RSA 487:]-14 at 

http://www. gencourt.state.nh. us/rsalhtml/NHTOC!NHTOC-L-487 .htrn. Information on 

pumpout facilities on Lake Winnipesaukee, Lake Sunapee and Squam lake can be found 

at 

http://des.nh.gov/organizationlcommissioner/pip/publications/wd/documentsllakes regio 

n pumpout.pdfl 

2.2. Bilgewater may contain fuel, oil, paint chips and other pollutants associated with the 

cargo or processes occurring on the vessel. Part 2.3 .1 requires among other things that 

your discharges be controlled as necessary to meet applicable water quality standards. 

The applicable water quality standards in New Hampshire are found in RSA 485-A:8 

and the Surface Water Quality Regulations Env-W q 1700, which are available at 

htt;p://des.nh.gov/organization/comrnissionerllegal/rules/documents/env-wg 1700.pdf. 

Vessel operators should pay particular attention to using all necessary management 

practices, treatment and discharge methods to ensure that the surface waters near the 

vessel remain free from substances that would settle to form harmful deposits or float as 

foam, debris, scum or other visible pollutants or otherwise violate the General Water 

Quality Criteria (see Env-Wq 1703.03) or the Minimum Criteria for Mixing Zones (see 

Env-W q 1707 .02). For discharges such as bilgewater that are likely to contain pollutants 

that are toxic to aquatic life, the management practices, treatment and discharge methods 

must also ensure that the discharge does not cause the surface water in the vicinity of the 

discharge to contain "toxics in toxic amounts" (see Env-Wq 1703.21). 

The State of New Hampshire 

Department of Environmental Services 

Thomas S. Burack, Commissioner 

'- !CELEBRATING , / 

July 10, 2012 

Mr. David Webster, Chief 

Water Pemlits Branch 

Office of Ecosystem Protection 

USEPA New England 

5 Post Office Square- Suite 100 

Boston, MA 02109-3912 

Celebrating 25 Years of Protecting 

New Hampshire's Environment 

Subjec.:t: State Certification ofthe NPDES Small Vessel General Permit for Discharges Incidental to 

the Normal Operation ofVessels Less Than 79 Feet (sVGP) 

Dear Mr. Webster: 

By letter dated December 9, 2011, the U.S. Environmental Protection Agency (EPA) requested State 

Certification of the proposed issuance of the NPDES Small Vessel General Permit for Discharges 

Incidental to the Normal Operation ofVessels Less Than 79 Feet (sVGP). 

The EPA publicly noticed the availability of the draft permit, including the Fact Sheet, in the Federal 

Register dated December 8, 2011. The Public Notice provided a public conunent period until February 

21, 2012. The public notice stated that the draft permit and fact sheet could be obtained by contacting 

EPA at (202) 564-1846 or svgp@epa.gov. 

After appropriate staff review, State Certification is hereby granted pursuant to Section 401 of the Clean 

Water Act. Our certification is conditional on the final version not containing changes that conflict with 

New Hampshire statutes or administrative rules as well as the inclusion of the attached State Permit 

Conditions to Part 5. Also, since New Hampshire does not have sufficient resources to inspect vessels, we 

strongly reconunend that EPA sign a Memorandum of Understanding with the U.S. Coast Guard, similar 

to that for the VGP, for collaboration on Compliance Assistance, Compliance Monitoring, and 

Enforcement ofthe Small Vessel General Permit Requirements on small vessels. 

~:...,:..>o......._ha~v~e any questions relative to this matter please call Jeff Andrews at (603) 271-2984. 

incere~~J}Jk~ jf;~ . Stewart, P.E, Director '{f Water Division / 

' cc: Thelma Murphy, EPA~ ston Christian Williams, Federal Consistency Coordinator, NH Coastal Program, DES - Portsmouth 

Paul Heirtzler, P.E., Esq., Administrator 

www.des.nh.gov 

29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 

Telephone: (603) 271-3503 • Fax: (603) 271·2982 • TDD Access: Relay NH 1-800-735-2964 
ATTACHMENT 1 - Small Vessel General Permit 

NEW HAMPSHIRE STATE PERMIT CONDITiONS 

1. Conditions Applicable to Coastal (Tidal) Waters 

1.1 In a Notice of Determination in the Federal Register dated September 27, 2005, the State 

of New Hampshire was granted permission by EPA for a No Discharge Area. The No 

Discharge Area consists of all tidal and estuarine waters,. including all bays and rivers to 

the tidal dams, and all ocean waters within three nautical miles of the New Hampshire 

shoreline and Isles of Shoals. In the No Discharge Area, all boat sewage discharge 

(including graywater containing sewage), whether treated or untreated, is prohibited. For 

a brochure on New Hampshire's Coastal Pumpout Program see 

http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/no discharg 

e area.pdf 

1.2 Graywater without sewage should be discharged at pumpout facilities or beyond three 

nautical miles of the New Hampshire shoreline and the Isles of Shoals wherever feasible. 

This is infeasible at this time for vessels without holding tanks for graywater, but these 

vessels should plan to install such holding tanks during one of the next two scheduled dry 

docking even~s if such installation is technically feasible and would not jeopardize the 

safety of the vessel. 

1.3 Part2.7 requires, among other things, the minimization of graywater discharges to waters 

in national wildlife refuges and waters with heavy recreational use. This part also states 

that vessels with holding tanks should hold and discharge graywater outside of these 

areas. Discharges of graywater should be avoided/minimiz,ed as appropriate in the waters 

of Great Bay, the location of the Great Bay National Wildlife Refuge. Further, for all 

practical purposes for this part, New Hampshire waters with heavy recreational use 

include all-tidal rivers and tributaries, with the exception of the Piscataqua River east of 

the Interstate 95 Bridge, and within 150 feet of the shoreline of all other waters. 

1.4 Bilgewater may contain fuel, oil, paint chips and other pollutants associated with the 

cargo or processes occurring on the vessel. Part 4.11 requires among other things that 

your discharges be controlled as necessary to meet applicab~e water quality standards. 

The applicable water quality standards in New Hampshire are found in RSA 485-A:8 ·and 

the Surface Water Quality Regulations (Env-Wq 1700),.which are available at _ 

http://des.nh.gov/organization/commissionerllegal/rules/docwnents/env-wq 1700.pdf. 

Vessel operators should pay particular attention to using all necessary management 

practices, treatment and ~is charge methods to ensure that the surface waters near the 

vessel remain free from substances that would settle to form harmful deposits or float as 

foam, debris, scum or other visible pollutants or otherwise violate the General Water 

Quality Criteria (see Env-Wq 1703.03) or the Minimum Criteria for Mixing Zones (see 

Env-Wq 1707.02). For discharges such as bilgewater that are likely to contain toxics, the 

management practices, treatment and discharge methods must also ensure that the 

discharge does not cause the surface water in the vicinity of the discharge to contain 
"toxics in toxic amounts" (see Env-Wq 1703 .21). 

2. Conditons Applicable to Inland (Freshwater) Surface Waters 

2.1 The inland lakes ofNew Hampshire are No Discharge Areas for both sewage and 

graywater. See RSA 487:1-14 at 

http://www .gencourt.state.nh.us/rsa/html/NHTOC!NHTOC-L-487 .htm. Information on 

pumpout facilities on Lake Winnipesaukee, Lake Sunapee and Squam lake can be found 

at 

http://des.nh.gov/organization/commissioner/pip/publlcations/wd/documents/lakes regio 

n pumpout.pdfl 

2.2 Bilgewater may contain fuel, oil, paint chips and other pollutants associated with the 

cargo or processes occurring on the vessel. Part 4.11 requires among other things that 

your discharges be controlled as necessary to meet applicable water quality standards. 

The applicable water quality standards in New Hampshire are found in RSA 485-A:8 and 

the Surface Water Quality Regulations (Env-Wq 1700), which are available at 

http://des.nh.gov/organization/commissioner/legal/rules/documents/env-wgl700.pdf. 

Vessel operatprs should pay particular attention to using all necessary management 

practices, treatment and discharge methods to ensure that the surface waters near the 

vessel remain free from substances that would settle to form harmful deposits or float as 

foam, debris, scum or other visible pollutants or otherwise violate the General Water 

Quality Criteria (see Env-Wq 1703.03) or the Minimum Criteria for Mixing Zones (see 

Env-Wq 1707.02). For discharges such as bilgewater that are likely to contain toxics, the 

management practices, treatment and discharge methods must also ensure that the 

discharge does not cause the surface water in the vicinity of the discharge to contain 

"toxics in toxic amounts" (see Env-W q 1703.21 ).