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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 ~ I 
Jon 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.govor by telephone at 717.783.9710. 

Sincerely, 

Kelly

, 

 7ean H ner 

Deputy Secretary 

Office of Water Management