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# =~ OFFICE OF WATER MANAGEMENT
Sune 18, 2012
Jon M. Capacasa, Director Water Protecfion Division U.S.EPA Region III 1650 Arch Street Philadelphia, PA 19103-2029
Re: Certification under Section 401 of the Clean Water Act for Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Dear Mr. Capacasa: This letter is in response to your letter dated December 8, 2011, requesting the Pennsylvania Department of Environmental Protection (DEP) grant certiflcation pursuant to Secfion 401 of the Federal Clean Water Act (CWA), (33 USC § 1341) for activities conducted in accordance with the reissuance of the proposed United States Bnvironrnental Protection Agency (EPA) General Permit for Commercial Vessels and Large Recreational Vessels (VGP) and issuance of its proposed NPDES Small Vessel General Permit (sVGP) to cover discharges incidental to the operation of vessels less than 79 feet in length, as described in the December 8, 2011, edition of the Federal Register (76 FR 76716-76724). A notice inviting comment on this cerkification was published in the Pennsylvania Bulletin at 42 Pa. B. 1472 on March 17, 2012. No comments were received. These permits are collectively referred to as VGPs. DEP finds that the proposed VGPs are consistent with Secfion 401 of the CWA, as well as State water quality standards. Furthennore, DEP finds the proposed VGPs to be consistent with the Pennsylvania Coastal Resources Program's enforceable policies, as required by the Federal Coastal Zone Management Act of 1972 (16 U.S.C.§§1451 et sec). This certification shall expire five years from the effective date of issuance of the permits. However, DEP reserves the right to amend, modify or withdraw certification of either or both VGPs in order to protect the waters of this Commonwealth or if for any reason fnrther changes to one or both draft VGPs are made upon issuance of the fmal VGPs. Furthermore, DEP reserves the right to modify this Certification to require vessels covered by one or both VGPs to install and operate ballast water treatment systems to prevent the discharge of aquatic nuisance species to Pennsylvania waters provided a determination is made by DEP that such ballast water treatment systems are necessary, available and cost effective.
The issuance of this Certification does not authorize violation of any federal, state, and local laws or regulations, nor does it rule out the necessity of obtaining applicable permits, including any other DEP permits, or approvals from any other units of government as may be required by law.

Rachel Carson State Office Building I P.O. Box 2063 1 Harrisburg, PA 17105-2063
717.783.4693 CL www.depweb.state.pa.us Printed cn Relyded Paper ~ IJon M. Capacasa, Director - Z - June 1$, 2012

Conditions in the VGPs are consistent to ensure compliance with the requirements of the Pennsylvania Clean Streams Law (35 P.S§ 691.1-691.1011), as well as to reduce water degradation, unintentional discharge of invasive species, nutrient Ioading, disease organisms and other pollutants discharged from the vessels covered by the VGPs that have the potential to disrupt the ecological balance of Pennsylvania's waters and the Great Lakes and negatively impact the fish and wildlife resources ofthis Commonwealth. If you have questions or need additional information p£ease contact Dharmin Pathak, Environmental Engineer in the Bureau ofPoint and Non-Point Source Management, by e-mail at dhpathak@pa.gov or by telephone at 717.783.9710. Sincerely,

Kelly ,

7ean H ner Deputy Secretary Office of Water Management