Missouri Dept. ofNatural Resources 

Water Protection Program 

P.O. Box 176 

Jefferson City, Missouri 65102 

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 and nonrecreational 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.fillJ: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 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 Division 
Kansas Dept. of Health and Em·ironment 

1000 SW Jackson Street 

Suite 420 

Topeka, Kansas 66612-1367 

RE: VGP/sVGP Section 401 Certification Deadline Extension 

Dear Ms. Wang: 

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 and nonrecreational 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 }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 

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/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 allY additional action unless you so choose. 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, a State or Tribe is required to waive, grant, or 

qeny certification based on the draft, not the final "as issued," permit (see 40 CFR § 124.53(c)-(e)). The EPA may not issue a permit authorizing discharges into the waters ofyour state until a State/Tribe has granted certification under CW A section 401, or has waived its right to certify (see 33 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 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 Division 
Nebraska Dept. ofEnvironmental Quality 

1200 N Street 

P.O. Box 28922 

Lincoln, Nebraska 68509-8922 

RE: VGP/sVGP Section 401 Certification Deadline Extension 

Dear Mr. Garber: 

The U.S. Environmental Protection Agency is in the process of reissuing the NPDES Vessel General Permit to authorize discharges incidental to the nonnal operation of commercial vessels and non- recreational 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.thedraft general permits and draft fact sheets are available at httn;lfgpuh.w.a....goy/ 

npdes/ve~§.els/v~~rmit. cfhl. 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, 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·beeause of their broad applicability to the waters of every State and Tribe in the country. The EPA also wanted to allow States/Tnbes 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 not issue a permit authorizing discharges into the waters ofyour state until a State/Tribe has granted certification under CW A section 401, or has waived its right to certify (see 3 3 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)). 
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 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. 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. 

lfyou have any questions, please contact Alex Owutak:a at 913-551-7584. Thank you for your assistance and coop~ation. 

Sincerely, 

Karen A. Flournoy 

Director 

Water, Wetlands and Pesticides Division 
Iowa Dept. ofNatural Resources 

Wallace State Office Bldg. 

502 E. 9th Street 

Des Moines, Iowa 50319 

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 and nonrecreational 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 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, 

Karen 

w~~~ 

A. Flournoy 

Director 

Water, Wetlands and Pesticides Division