Mr. Michael A. Bussell 

Director, Office of Water and Watersheds, Suite 900 

U.S. Environmental Protection Agency, Region 10 

1200 Sixth Avenue 

Seattle, WA 98101 

September 28, 2012 

DEC File No: 920.48.007 

RE: Alaska Department of Environmental Conservation Final Section 401 Certification 

for the Small Vessel General Permit for Discharges Incidental to the Normal 

Operation ofVessels Less Than 79 Feet in Length 

Dear Mr. Bussell: 

On November 30,2011, the Environmental Protection Agency (EPA) public noticed a draft of the 

Small Vessel General Permit for Discharges Incidental to the Normal Operation ofVessels (sVGP). 

This National Pollutant Discharge Elimination System (NPDES) general permit regulates discharges 

to the waters of the United States extending to the three-mile demarcation of the territorial seas and 

inland or coastal waters of the State of Alaska from any non-recreational, non-military vessels less 

than 79 feet in length that are operating in the capacity of providing transportation. 

The Alaska Department of Environmental Conservation (DEC or the Department) has reviewed 

EPA's draft 2013 sVGP and supporting fact sheet, along with EPA's request for DEC's Section 401 

certification of the 2013 sVGP. The Department certifies that there is reasonable assurance that the 

activities and the resulting discharges are in compliance with the requirements of Section 401 of the 

Clean Water Act, which includes the Alaska Water Quality Standards codified in 18 AAC 70, 

provided that the terms and conditions of the enclosed certification are adhered to. 

On page 45 of the sVGP fact sheet, EPA states "The sVGP merely authorizes point source 

discharges that previously existed but were unregulated by EPA's NPDES regulations." Because 

discharges pre-existed and issuing the sVGP should not result in lowering water quality, but rather 

should improve the quality of the effluent discharged, EPA determined that an antidegredation 

review is not triggered. Based on DEC's concurrence with EPA's assessment that the lowering of 

water quality is not expected as a result of the newly implemented permitting requirements, DEC 

has determined an antidegradation review is not required for this Section 401 certification. 
By virtue of this letter, we are advising EPA of our actions and enclosing a copy of the final Section 

401 certificate for their use. 

If you have any questions regarding this final Section 401 certification, please contact Wade 

Strickland at wade.strickland@alaska.gov. 

Wade Strickland 

Program Manager 

Enclosure: Final Section 401 Certificate of Reasonable Assurance 

cc: via e-mail 

Ms. Lynn]. Tomich Kent, DEC/ ANC 

Ms. Michelle Bonnet, DEC/ ANC 

Mr. Andrew Sayers-Fay, DEC/ ANC 

Ms. Sharon Morgan, DEC/JUN 

Mr. Robert Edwardson, DEC/JUN 

Mr. Gerry Brown, DEC/ ANC 

Ms. Ruth Hamilton Heese, AK AG Office/JUN 

Mr. Mike Lidgard/EPA Region 10 

Ms. Diane Soderlund, EPA Region 10 

Ms. Hanh Shaw, EPA Region 10 

Ms. Cindi Godsey, EPA Region 10/ANC 

Final Secuon 401 Certificate sVGP 
December 15, 2011. A certification is required for the proposed activities because the activities 

will be authorized by an EPA NPDES general permit and result in discharges to waters ofthe 

United States located in the State of Alaska. 

The sVGP covers incidental discharge to waters of the United States resulting from nonrecreational, non-military vessels less than 79 feet in length operating commercially in a capacity 

as a means of transportation. Due to the nature of vessel discharges, EPA determined that 

deriving numeric limits are not practicable, and consequently derived permit limitations that are 

technology-based, best management practices (BMPs) developed through best professional 

judgment as authorized under CWA 402(a)(1) and 40 CFR 125.3. These BMPs are designed to 

minimize the discharge of pollutants associated with activities that are incidental to normal 

vessel operation. The applicable BMPs are developed according to the following 1 0 management 

areas as described in the sVGP: 

• General Management 

• Fuel Management 

• Engine Oil Control 

• Solid and Liquid Waste Management 

• Deck Washdown and Runoff and Above Water Line Hull Cleaning 

• Vessel Hull Maintenance 

• Graywater 

• Fish Hold Effluent 

• Ballast Water 

• Seawater Cooling Overboard Discharge. 

The Department reviewed the EPA draft NPDES permit and certifies that, upon compliance with 

specified conditions, there is reasonable assurance that the limitations are in compliance with the 

requirements of Section 401 ofthe CWA, which includes the Alaska Water Quality Standards 

(WQS), codified in 18 AAC 70. Through this certification, in accordance with 18 AAC 15.120 

Adoption ofNPDES Permits, the final NPDES permit will constitute the permit required under 

Alaska Statue (AS) 46.03 .100 Waste Disposal Permit, provided that the terms and conditions of 

the final certification are made part of the final NPDES Permit. The Department is specifying the 

following permit terms and conditions under authority of AS 46.03.110(d). 

Draft Section 401 Certificate sVGP 
substantial proposed modifications to this certification. Insignificant technical corrections 

or clarifications to this certification (e.g., typos) will not be public noticed. 

3) All terms, requirements, limitations, and restrictions specified in this Section 401 

certification shall be included in Part 5 of the sVGP and shall be primarily enforced by 

EPA through the s V GP. 

4) EPA shall direct and ensure sVGP permittees undertake immediate corrective actions to 

mitigate noncompliance with any terms, stipulations, limitations, or restrictions specified 

in this Section 401 certification. These actions shall not preclude DEC from taking 

enforcement action authorized by Alaska law. 

5) For violations that occur within State waters, permittees shall notify and provide DEC 

electronic copies of any noncompliance reports required under 40 CFR 122.44(i)( 5). 

Conditions 

1) All discharges authorized by the sVGP to waters of the United States extending to the 

three-mile demarcation ofthe territorial seas and inland or coastal waters of the State of 

Alaska shall not result in a violation of Alaska water quality criteria, found in 18 AAC 

70, in the water body. 

Rationale: Vessel operators must implement the BMPs in the s VGP to the degree 

necessary to ensure discharges comply with the applicable water quality criteria for the 

subject water body. 

2) Permittees covered under the sVGP shall undertake immediate corrective actions to 

mitigate noncompliance or violations with any terms or conditions specified in this 

Section 401 certification. EPA's regulations of vessels under the VGP shall not preclude 

DEC from regulating vessels or taking enforcement action authorized by Alaska law. 

Rationale: EPA is the primary authority responsible for ensuring compliance with the 

EPA-issued sVGP. However, the Department does not waive their rights to regulate 

vessels and or take enforcement action in accordance with Alaska law. 

3) Permittees must be aware of the status of the water bodies they are traveling through, 

specifically whether the water bodies are impaired and have, or do not have, an EPAapproved Total Maximum Daily Load implementation plan prepared under CWA 303(d). 

Final Section 401 Certificate sVGP 
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Final Section 401 Certificate sVGP