The State of New Hampshire 

## Department of Environmental Services Thomas S. Burack, Commissioner

1CELEBRAT I NG / July 10,2012 Mr. David Webster, Chief Water Pennits Branch Office ofEcosystem 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 ofthe Reissuance ofthe NPDES Vessel General Permit for Discharges Incidental to the Normal Operation ofVessels (VGP) Dear Mr. Webster: By letter da ted December 9, 2011 , the U
.S. Environmental Protection Agency (EPA) requested State Certification ofthe proposed reissuance ofthe NPDES Vessel General Permit for Discharges Incidental to the Normal Operation ofVessels (VGP). The EPA publicly noticed the availability ofthe 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 staffreview , State Certification is hereby granted pursuant to Section 401 ofthe 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 ofthe attached State Permit Conditions to Part 6. Ifyou have any questions relative to this matter please call JeffAndrews 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 • Co ncord, N H 03302-0095 Telephone: (60 3) 271-3503 • Fax: (603) 271-2982 • TDD Access: Relay NH 1-800- 735-29 64

### 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 ofaU tidal and estuarine waters, including all bays and rivers to the tidal dams , and all ocean waters withi n three nautical miles ofthe New Hampshire shoreline and Isles of Shoals. In 

### the No Discharge Area, a ll 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/doc uments/no dischar ge area.pdf 1
.2. 

### Graywater without sewage should be discharged at pumpout facilities or beyond three nautical miles ofthe 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 ofthe next two scheduled dry 

### docking events if

### such installation is technically feasible and would notjeopardize the safety ofthe vessel. 1.3. 

### Part 2.2.15 ofthe 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 ofthe Interstate 95 Bridge over the Piscataqua River. For a more detailed delineation ofnutrient 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 mee t 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/organizat ion/commissioner/legal/rules/documents/env

-wg l 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 sett le 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 ofthe 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: ]-1 4 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 standar ds
. 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 availa ble 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 su bstances 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-W q 1703.03) or the Minimum Criteria for Mixing Zones (see Env

-W q 1707.02). For disc harges 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 ofthe 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 ofEcosystem 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 ofthe proposed issuance ofthe NPDES Small Vessel General Permit for Discharges Incidental to the Normal Operation ofVessels Less Than 79 Feet (sVGP). The EPA publicly noticed the availability ofthe 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 staffreview, State Certification is hereby granted pursuant to Section 401 ofthe Clean Water Act. Our certifica tion is conditional on the final version not containing changes that conflict with New Hampshire statutes or administrative rules as well as the inclusion ofthe 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 ofUnderstanding 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 J effAndrews 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 Pr ogram, DES

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

www.des
. nh
.gov 29 Hazen Drive • PO Box 95 • Concord, NH 03302 -0095 Telephon e : (603) 271-3503 • Fax: (603) 271·2982 • TDD Access : Re l ay 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 ofDetermination 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 ofall tidal and estuarine waters,.including all bays and rivers to the tidal dams, and all ocean waters within three nautical miles ofthe 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/ comm issioner/pip/publications/wd/documents/no discharg e area.pdf 1.2 Graywater without sewage should be discharged at pumpout facilities orbeyond three nautical miles ofthe 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 ofthe next two scheduled 

### dry docking**even~s** 

### ifsuch installation is technically feasible and would notjeopardize the safety ofthe vessel. 1.3 Part2.7 requires, among other things, the minimization ofgraywater 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 ofthese areas. Discharges of graywater should be avoided/minimiz,ed as appropriate in the waters ofGreat Bay, the location ofthe Grea t 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 ofthe Piscataqua River east of the Interstate 95 Bridge, and within 150 feet ofthe shoreline of all other waters. 1.4 Bilgewater may contain fuel, oil, pain t 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/commis sionerllegal/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 ofthe 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.genco urt. 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/doc uments/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 depo sits or floa t as foam, debris, scum or other visible pollutants o r 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 practice s, treatment and discharge methods must also ensure that the discharge does not cause the surfa ce water in the vicinity o f the discharge to contain "toxics in toxic amounts" (see Env- W q 1703.21 )
.