### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY . REGION

7 Ms. Stacia Bax Missouri Dept. ofNatural Resources Water Protection Program P.O. Box 176 Jefferson City, Missouri 65102

901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 

# "JOC 1 9 

# 2012 RE: VGP/sVGP Section 401 Certification Deadline Extension Dear Ms. Bax: The U.S. Environmental Protection Agency

is in the process of reissuing the NPDES Vessel General Permit to authorize discharges incidental
to the normal operation of commercial vessels andnonrecreational vessels greater than or equal to 79 feet 

### in length and issuing the NPDES Small Vessel General Permit to authorize discharges incidental
to the normal operation of vessels less than 79 feet in length. Copies of the draft general permits and draft fact sheets are available

at 

### ,http_;

/ /c.fi llJ:Q

. .sa:tl;l.JWV/ **n.gges/ve~sels,' ygp_~it.<;it.n** 

. These draft general permits would authorize discharges into the waters of your state and tribal lands. In December 2011, the EPA sent
a letter, along with
a compact disc, ofthe draft general permits and fact sheets, requesting that States/Tnbes make

· a written determination regarding certification under the Clean Water Act Section 401. The EPA provided until June 30, 2012, for all States/Tribes

to certify the permits because they not only regulate discharges of mobile point sources, but also. because of their broad applicability

to the waters of every State and Tribe in the country. The EPA also wanted to allow States/Tribes time to coordinate with their neighboring States/Tribes. The EPA greatly appreciates the efforts of your State to submit the Section 401 certification

in advance of the June 30, 2012 deadline, and understands that you COmPleted your 401 certification under time pressure. However, after hearing concerns expressed by several states, we also understand that many States/Tribes would benefit from more time to complete/reinitiate their public comment periods, conduct other essential administrative processes, and finalize their 401 certification conditions for these unique general permits. Therefore, EPA believes that unusual circumstances continue
to exist and is providing until October
I, 2012, for all States/Tribes

to certify the draft permits. 

### Since your state has already submitted

a 401 certification, you need not take any additional action unless you so choose.
A State will be deemed to have waived its right to certify unless EPA receives the State's certification
by October

1, 2012. Under EPA's CW A Section 401 certification regulations,

a State or Tribe is required
to waive, grant, or deny certification based on the 

### draft, not tl).e final "as issued," permit (see 

### 40 CFR
§ 124.53(c)-(e)). The EPA may not issue

a permit authorizing discharges into the waters of your state until
a State/Tribe has granted certification under CWA section 401, or has waived its right to certify (see 33 USC
§ 1341(a)(l);
40 CFR


### § 124.53(a)). The EPA regulations allow the State or tribe to have 60 days to certify unless the Regional Administrator finds that unusual circumstances require

a longer time

( 40 CFR
§ 124.53(c)(3)).The state certification shall be in writing and shall include the specific conditions necessary
to assure compliance with the applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements
of State law (33 USC§ 134l(d); 40 CFR
§ 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
of either the CWA or State law, you should include such condition(s), and, in each case, cite the CWA or State law' reference upon which

,that con9:ition(s)

is based. Failure to provide such
a citation waives your right to certify with respect to that oondition(s) (40 CFR
§ 124.53(e)(2)). The EPA requests that you specify whether each condition

is applicable
to the VGP, sVGP, or both In addition, the state certification must include

a statement ofthe extent to which each condition of the draft permit can be made less stringent without violating the requirements
of State law, including water quality standards. Failure to provide this statement for any condition waives the right to certify or object to any less stringent condition which may be established during the EPA permit issuance process

( 40 CFR
§ 124.53(e)(3)). Following review of the public comments received during the public comment period and receipt of your certification

or waiver thereof, EPA plans to issue the general permits
as final documents. Those fmal permits will incorporate any conditions specified
in the State/Tribe's **certific~tion**(33 USC§ 1341(d)).

. Again, the EPA greatly appreciates the efforts ofyour State in submitting its Section 401 certification

in advance of the June 30, 2012 deadline. However,
if your State chooses to submit

a new or revised certification, the EPA would appreciate receiving the new or amended certification
by October

1, 2012. Ifyou have any questions, please contact Alex Owutaka

at 913-551-7584. Thank you for your assistance and cooperation. Sincerely, **w~~1-n--** Karen A. Flournoy Director Water, Wetlands and Pesticides DivisionUNITED STATES ENVIRONMENTAL PROTECTION AGENCY Ms. YanWang Kansas Dept. of Health and Em·ironment 1000 SW Jackson Street Suite 420 Topeka, Kansas 66612-1367
REGION

7 901 NORTH 5TH STREET KANSAS

C ITY, KANSAS 66101 **~U[**1 9 2012 RE: VGP/sVGP Section 401 Certification Deadline Extension Dear Ms. Wang: The U.S. Environmental Protection Agency
is in the processof reissuing the NPDES Vessel General Permit to authorize discharges incidental
tothe normal operation of commercial vessels and nonrecreational vessels greater than or equal to 79 feet in length and issuing the NPDES Small Vessel General Permit to authorize discharges incidental

tothe normal operation of vessels less than 79 feet in length. Copies of the draft general permits and draft fact sheets areavailable

at **}lttp~/.L~fuub ,_ep_a.,gQ.':'I**  **np.Q~ LY..~~~~LYgnet.mit.cfi:n** 

**.**These draft general permits would authorize discharges into the waters of yourstate and tribal lands

. In December 2011, the EPA sent
a letter, along with
a compact disc, ofthe draft general permits and fact sheets, requesting that States/Tribes make

awritten determination regarding certification under the Clean Water Act Section 401. The EPA provided until June 30, 2012, for all States/Tribes

to certify the permits because they not only regulate discharges
of mobile point sources,but also -because of their broad applicability

tothe waters of everyState and Tribe in the country. The EPA also wanted
to allow States/Tribes time to coordinate with their neighboring States/Tribes. The EPA greatly appreciates the efforts

_ of yourState to submit the Section 401 certification

in advance of the June 30, 2012 deadline, and understands that you completed your401 certification under time pressure. However, after hearing concerns expressed by several states, wealso understand that manyStates/Tribes would benefit from moretime to complete/reinitiate their public comment periods, conduct other essential administrative processes,and finalize their 401 certification conditions for these unique general permits. Therefore, EPA believes that unusual circumstances continue
to exist and is providing until October

1, 2012, for all States/Tribes

to certify the draft permits. Since yourstatehas already submitted

a401 certification, youneed nottake allY additional action unless yousochoose.
A State will be deemed to have waiv

.ed its right to certify unless EPA receives the State's certification
by October

1, 2012. Under EPA's CWA Section 401 certification regulations,

aState orTribe is required
to waive, grant, or qenycertification based onthe draft, notthe final "as issued," permit (see 40 CFR
§ 124.53(c)-(e)). The EPA maynot issue

a permit authorizing discharges into the waters ofyour state until
aState/Tribe has granted certification under CW A section 401, orhas waived its right to certify (see 33 USC
§ 1341(a)(1);
40 CFR
§ 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

a longer time

( 40 CFR
§ 124.53( c)(3)

) .The state certification shall be in writing and shall include the specific conditions necessary
to assure **compli~nce**with the applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements
of State law (33 USC§ 1341(d); 40 CFR
§ 124.53(e)(l)). Ifyou believe that any condition(s) more stringent than those contained
in the draft permit
is necessary
to meet the requirements
of either the CWA or State law, you should include such condition(s), and, in each case, cite the CWA or State law reference upon which that **con4~tion(s)**

is based. Failure to provide such
a citation waives your right to certify with respect to that cbndition(s) (40 CFR
§ 124.53(e)(2)). The EPA requests that you specify whether each condition

is

. applicable

to the VGP, sVGP, or both. In addition, the state certification must include

a statement of the extent to which each condition of the draft permit can be made less stringent without violating the requirements
of State law, including water quality standards. Failure to provide this statement for any condition waives the right to certify or object to any less stringent condition which may be established during the EPA permit issuance process

( 40 CFR
§ 124.53(e)(3)).

·

· Following review of the public comments received during the public comment period and receipt of your certification

or waiver thereof, EPA plans to issue the general permits
as final documents. Those final permits will incorporate any conditions specified
in the State/Tnbe's certification (33 USC§ 1341(d)). Again, the EPA greatly appreciates the efforts ofyour State in submitting its Section 401 certification

in advance of the June 30, 2012 deadline. H()wever,
if your State chooses
to submit

a new or revised certification, the EPA would appreciate receiving the new or amended certification
by October

1, **201~.** If you have any questions, please contact Alex Owutaka

at 913-551-7584. Thank you for your assistance and cooperation. Sincerely, **w~~/v--** K.aren A. Flournoy Director Water, Wetlands and Pesticides DivisionUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION

7 901 NORTH 5TH STREET KANSAS CITY

,KANSAS 66101 Mr.JasonGarber Nebraska Dept. ofEnvironmental Quality 1200NStreet P.O.Box28922 Lincoln, Nebraska 68509-8922
JUL 1 9 2012 RE: VGP/sVGP Section 401 Certification Deadline Extension DearMr.Garber: TheU.S. Environmental Protection Agency

isinthe processof reissuing the NPDES Vessel General Permittoauthorize discharges incidental
tothe nonnal operation of commercial vessels andnon- recreational vessels greaterthanorequalto79feetin length and issuing the NPDES Small Vessel General Permittoauthorize discharges incidental
tothe normal operation of vessels lessthan79feetin length. Copies of.thedraft general permits anddraftfact sheetsareavailable

at httn;lfgpuh.w.a....goy/ **npdes/ve~§.els/v~~rmi**

**t. cfhl** 

**.**These draft general permits would authorize discharges intothe watersof yourstateandtribal lands. In December 2011,theEPAsent
aletter, along with
acompact disc,ofthedraft general permits andfact sheets, requesting that States/Tribes make

awritten determination regarding certification underthe Clean WaterAct Section 401.TheEPA provided untilJune 30, 2012,forall States/Tribes

to certifythe permits because theynot only regulate discharges
ofmobile point sources, but also·beeause
oftheir broad applicability

tothe watersof everyStateandTribeinthe country.TheEPAalso wantedtoallow States/Tnbes timetocoordinate withtheir neighboring States/Tribes. TheEPA greatly appreciates the effortsof yourStatetosubmit the Section 401 certification

in advance ofthe.June 30,2012 deadline, and understands that you completed your401 certification under time pressure.However, after hearing concerns expressed by several states,wealso understand that manyStates/Tribes would benefit from moretimeto complete/reinitiate their public comment periods, conduct other essential administrative processes,and finalize their401 certification conditions forthese unique general permits. Therefore, EPA believes that unusual circumstances continue
toexistandis providing until October

1, 2012,forall States/Tribes

to certifythedraft permits. Since yourstatehas already submitted

a401 certification, youneed'nottake anyadditional actionunless yousochoose.
AStatewillbe deemed
tohave waived its rightto certify unlessEPA receives the State's certification
by October

1,2012. Under EPA's CWA Section 401 certification regulations,

aStateorTribeis required
to waive, grant,or deny certification basedon

.the draft, notthefinal"as issued," permit (see40CFR
§ 124.53(c)-(e)). The EPA maynotissue

apermit authorizing discharges intothe waters ofyour stateuntil
aState/Tribe has granted certification under CWAsection 401,orhas waived its rightto certify (see3 3USC
§ 1341(a)(l);
40CFR
§ 124.53(a)). TheEPA regulations allowtheStateortribetohave60 daysto certify unlessthe Regional Administrator findsthat unusual circumstances require

alonger time

(40CFR
§ 124.53(c)(3))

.The state certification shall be in writing and shall include the specific conditions necessary
to assure compliance with the applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements
of State law (33 USC§ 1341(d); 40 CFR
§ 124.53(e)(1)). lfyou believe that any condition(s) more stringent than those contained
in the draft pennit
is necessary
to meet the requirements
of either the CWA or State law, you should include such condition(

s ), and, in each case, cite the CWA or State law reference upon which that condition(s)

is based. Failure to provide such
a ·citation waives your right to certify with respect t() that condition(s) (40 CFR

§ 124.53(e)(2)). The EPA requests that you specify whether each condition

is applicable

to the VGP, sVGP, or both. In addition, the state certification must include

a statement Qfthe extent to which each condition of the draft permit canbe made less stringent without violating the requirements
of State law, including water quality standards. Failure to provide this statement for any condition waives the right to certify or object to any less stringent condition which maybe established during the EPA permit issuance process

( 40 CFR
§ 124.53(e)(3)).

· Following review of the public comments received during the public comment period and receipt ·of your certification

or waiver thereof, EPA plans to issue the general permits
asfinal documents. Those fmal permits will incorporate any conditions specified
in the State/Tribe's certification

(3 3 USC§ 1341(d)). Again, the EPA greatly appreciates the efforts ofyour State in submitting its Section 401 certification

in advance of the June 30, 2012 deadline. However,
if your State chooses
to submit

anewor revised certification, the EPA would appreciate receiving the newor amended certification
by October

1, 2012. lfyou have any questions, please contact Alex Owutak:a

at 913-551-7584. Thank youfor your assistance and **coop~ation.** Sincerely, Karen A. Flournoy Director Water, Wetlands and Pesticides DivisionUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION

7 Ms. Christine Schwake Iowa Dept. ofNatural Resources Wallace State Office Bldg. 502 E. 9th Street Des Moines, Iowa 50319

901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 -JUL 1 9 2012 RE: VGP/sVGP Section 401 Certification Deadline Extension C.k r·.s Dear Ms..-ScliWake: The U.S. Environmental Protection Agency
is in the process of reissuing the NPDES Vessel General Permit to authorize discharges incidental
to the normal operation of commercial vessels andnonrecreational vessels greater than or equal to 79 feet in length and issuing the NPDES Small Vessel General Permit to authorize discharges incidental

to the normal operation of vessels less than 79 feet in length. Copies or'the draft general permits and draft fact sheets are available

at http:.L/cfuub

.... **~-m..gQyi nmi~s/vess~J~/vgp~nntt,_~fm** 
These draft general permits would authorize discharges into the waters of your state imd tribal lands. In December 2011, the EPA sent
a letter, along with
a compact disc, of the draft general permits and fact sheets, requesting that States/Tribes make·

a written determination regarding certification under the Clean Water Act Section 401. The EPA provided until June 30,2012, for all States/Tribes

to certify the permits because they not only regulate discharges of mobile point sources, but also

. because of their broad applicability

to the waters of every State and Tribe in the country. The EPA also wanted
to allow States/Tribes time to coordinate with their neighboring States/Tribes. The EPA greatly appreciates the efforts of your State to submit the Section 401 certification

in advance of the June 30, 2012 deadline, and understands that you completed your 401 certification under time pressure. However, after hearing concerns expressed by several states, we also understand that many States/Tribes would benefit from more time to complete/reinitiate their public comment periods, conduct other essential administrative processes, and finalize their 401 certification conditions for these unique general permits. Therefore, EPA believes that unusual circumstances continue
to exist and is providing until October

1, 2012, for all States/Tribes

to certify the draft permits. Since your state has already submitted

a 401 certification, you need not take any additional action unless you so choose.
A State will be deemed to have waived its right to certify unless EPA receives the State's certification
by October

1, 2012. Under EPA's CWA Section 401 certification regulations,

a State or Tribe is required

to waive, grant, or deny certification based on the draft, not the final "as issued," permit (see 40 CFR
§ 124.53(c)-(e)). The EPA may riot issue

a permit authorizing discharges into the waters of your state until
a State/Tribe has granted certification tinder CW A section 401; or has waived its right to certify (see 3 3 USC
§ 1341(a)(1);
40 CFR
§ 124.53(a)). The EPA regulations allow the State or tribe to have 60 days to certify unless the Regional Administrator finds that unusual circumstances require

a longer time

( 40 CFR
§ 124.53(c)(3)).The state certification shall be in writing and shall include the specific conditions necessary
to assure compliance with the applicable provisions ofCWA Sections 208(e), 301, 302,303, 306, and 307, and with appropriate requirements
of State law (33 USC
§ 1341(d); 40 CFR
§ 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
of either the CWA or State law, you should include such condition(s), and, in each case, cite the CWA or State law reference upon which that condition(s)

is based. Failure to provide such
a citation waives your right to certify with respect to that condition(s)(40 CFR
§ **124.53(e)(2))~**The EPA requests that you specify whether each condition

is applicable

to the VGP, sVGP, or both. In addition, the state certification must include

a statement of the extent to which each oondition of the draft permit can be made less stringent without violating. the requirements ofState law, including water quality standards. Failure to provide this statement for any condition waives the right to certify or object to any iess stringent condition which may be established during the EPA perrtrit issuance process

( 40 CFR
§ 124.53(e)(3)). Following review of the public comments received during the public comment period and receipt of your certification

or waiver thereof, EPA plans to issue the general permits
as final documents. Those fmal permits will incorporate any conditions specified
in the State/Tnbe'

s certification (33 USC
§ 1341(d)).

. Again, the EPAgreatly appreciates the efforts ofyourState

in submitting
its Section 401 certification

in advance ofthe June 30, 2012 deadline. However,
if your State chqoses to submit

a new or revised certification, the EPA would appreciate receiving the new or amended certification
by October

1, 2012. lfyou have any questions, please contact Alex Owutaka

at 913-551-7584. Thank you for your assistance and cooperation. Sincerely, **w~~~** Karen A. Flournoy Director Water, Wetlands and Pesticides Division