UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 OFFICE OF WATER AND WATERSHEDS

CERTIFIED MAIL

- RETURN RECEIPT REQUESTED

Ms. Miranda Adams 

# DEC1 5 

# 2011J 4011404 Program Coordinator, Surface Water Program Idaho Department ofEnvironmental Quality 1410 North Hilton Boise, Idaho 83706

Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Clean Water Act (CWA) section 401 Certification

DearMs. Adams:

The United States Environmental Protection Agencyis in the process ofreissuing the NPDES Vessel General Permit (VGP) to cover discharges incidental to the normal operation ofcommercial vessels and non-recreational vessels greaterthan orequal to 79 feet in length and issuing the NPDES Small Vessel General Permit (sVGP) to coverdischarges incidental to the normal operation ofvessels less than79 feet in length. Copies ofthe draft general permits and draft fact sheets are available at http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm

. These draft general permits authorize discharges into the waters ofyour State orTribal lands.
Bymeans ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, we are requesting that the Idaho Department ofEnvironmental Quality (lDEQ) make
a written determination regarding certification under CWA Section 401. Under the EPA's CWA Section 401 certification regulations, a State orTribe is required to waive, grant, or deny certificationbased on the draft, not the final "as issued," permit; 40 CFR 124.53(c)-(e). The EPA may not issue apermit authorizing discharges into the waters ofyour State until the IDEQ has granted certification under CW A Section 401, orhas waived its right to certify. 33 U.S.c. § 1341(a)(1); 40 c.F.R. § 124.53(a). The EPA regulations allow the State ortribe to have 60 days to certify unless the Regional Administrator finds that unusual circumstances require alongertime. 40 C.F.R. § 124.53(c)(3). The VGP and sVGP are unique because they not onlyregulate discharges ofmobile point sources, but also because oftheir broad applicabilityto the waters ofevery State and Tribe in the country. Given these considerations, and based on experience with the 2008 VGP, the EPA believes that unusual circumstances exist and is providing over six months for States orTribes to certify the draft permits. You will be deemed to have waived your right to certify unless that right is exercised byJune 30, 2012

.
In orderto facilitate discussion during this process, the EPA has arranged for a state and tribal coordination meeting in Chicago, lilinois on the 24th and 25th ofJanuary 2012. This meeting will immediately follow the public meeting on the VGP scheduled on January 23 rd•The EPA welcomes all states and tribes to attend both the public meeting and the coordination meeting. Cindi Godsey ofmy staffwill be distributing a draft agenda ofthe meeting at a laterdate. In addition, the EPA has also developed an electronic tool that states and tribes can use to communicate and coordinate with each other as they develop their401 certifications. Information regarding this tool will be made available by Ms Godsey sometime in the near future.The certification shall be in writing and shall include the specific conditions necessary to assure compliance withthe applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements ofstate and tribal law. 33 U.S.c. § 1341(d); 40 C.F.R. § 124.53(e)(l). If you believe that any condition(s) more stringent than those contained in the draft permit is necessary to meet the requirements ofeither the CWA, state or tribal law, you should include such condition(s), and, in each case, cite the CW A, state ortribal law reference upon whichthat condition(s) is based. Failure to provide such a citation waives yourright to certify with respect to that condition(s). 40 c.F.R. § 124.53(e)(2). The EPA requests that you specify whethereach condition is applicable to the VGP,
sVGP, orboth. In addition, the state certification must include a statement ofthe extent to which each condition ofthe draft permit can be made less stringent without violating the requirements ofstate or tribal law, including water quality standards. Failure to provide this statement for anycondition waives the right to certifyor object to any less stringentcondition which maybe established during the EPA permit issuanceprocess. 40 c.F.R. § 124.53(e)(3).
Following review ofthe public comments received during the public comment period and receipt of your certification or waiverthereof, the EPA plans to issue the general permits as final documents. Those final permits will incorporate any conditions specified in the IDEQ certification. 33 U.S.c. § 1341(d).

I would appreciate receiving your certification by June 30, 2012. Ifyou have any questions, please contact Cindi Godsey at (907) 271-6561 orbyemail at Godsey.cindi@epa.gov. Thankyou for your assistance and cooperation.

# ~A Michael A. 

### Bussell,

# Dir~ Office ofWater& Watersheds

Enclosure: CD (referenced above)