UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 OFFICE OF WATER AND WATERSHEDS

CERTIFIED MAIL

- RETURN RECEIPT REQUESTED 

# DEC

# 15 2011 Mr. Mark White, Director Natural Resources, Confederated Tribes ofthe Chehalis Reservation 420 Howanut Road Oakville, Washington 98568

Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Clean Water Act (CWA) section 401 Certification

Dear Mr. White:

The United States Environmental Protection Agency is in the process ofreissuing the NPDES Vessel General Permit (VGP) to cover discharges incidental to the normal operation ofcommercial vessels and non-recreational vessels greaterthan orequal to 79 feet in length and issuing the NPDES Small Vessel General Permit (sVGP) to cover discharges incidental to the normal operation ofvessels less than 79 feet in length. Copies ofthe draft general permits and draft fact sheets are available at http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm

. These draft general permits authorize discharges into the waters ofyour State orTribal lands.
Bymeans ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, we are requesting that the Confederated Tribes ofthe Chehalis Reservation make a written determination regarding certification under CWA Section 401. Underthe EPA's CWA Section 401 certification regulations, a State orTribe is required to waive, grant, ordeny certification based on the draft, not the final "as issued," permit; 40 CPR § l24.53(c)-(e). The EPA may not issue a permit authorizing discharges into the waters ofyour state until the Confederated Tribes ofthe Chehalis Reservation has granted certification under CWA Section401, or has waived its right to certify. 33 U.S.c. § 1341(a)(1); 40 C.P.R.§ l24.53(a).TheEPA regulations allow the state ortribe to have 60 days to certify unless the Regional Administrator finds that unusual circumstances require a longertime; 40 c.F.R. l24.§ 53(c)(3). The VGP and sVGP are unique because they not only regulate discharges of mobile point sources, but also because oftheirbroad applicability to the waters ofevery State and Tribe in the country. Given these considerations, and based on experience with the 2008 VGP, the EPA believes that unusual circumstances exist and is providing over 6 months for StateslTribes to certify the draft permits. You will be deemed to have waived your right to certify unless that right is exercised by June 30, 2012.

In order to facilitate discussion during this process, the EPA has arranged for a state and tribal coordination meeting in Chicago, Illinois on the 24th and 25th ofJanuary 2012. This meeting will immediately follow the public meeting on the VGP scheduled on January 23rd•The EPA welcomes all states and tribes to attend both the public meeting and the coordination meeting. Cindi Godsey ofmy staffwill be distributing a draft agenda ofthe meeting at alaterdate. In addition, the EPA has also developed an electronic tool that states and tribes can use to communicate and coordinate with eachother as they develop their401 certifications. Information regarding this tool will be made available by Ms Godsey sometime in the near future.

The 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 ofstate and tribal law. 33 U.S.c. § 1341(d); 40 c.F.R. § 124.53(e)(1). If you believe that any condition(s) more stringentthan those contained in the draftpermitis necessary to meet the requirements ofeither the CWA, state or tribal law, you should include such condition(s), and, in each case, cite the CWA, state ortribal law reference upon which that condition(s) is based. Failure to provide such a citation waives yourrightto certifywith respect to that condition(s). 40 c.F.R. § 124.53(e)(2). The EPArequests that you specify whethereach condition is applicable to the VGP, sVGP, orboth. In addition, the state certification must include a statement ofthe extent to which each condition ofthe draft permitcan be made less stringent without violating the requirements ofstate or tribal law, including water quality standards. Failure to provide this statement for anycondition waives the right to certify or object to any less stringent condition which maybe established during the EPA permit issuance process. 40 c.F.R. § 124.53(e)(3).
Following review ofthe public comments received during the public commentperiod and receipt of your certification or waiver thereof, the EPAplans to issue the general permits as final documents. Those final permits will incorporate any conditions specified in the Confederated Tribes ofthe Chehalis Reservation certification; 33 U.S.c. § 1341(d).

I would appreciate receiving yourcertificationbyJune 30, 2012. Ifyou have any questions, please contact Cindi Godsey at (907) 271-6561 orbye-mail at Godsey.cindi@epa.gov

. Thank you for your assistance and cooperation.


### Sincerely.**~ ~** 

# ~/lft- Office ofWater & Watersheds

Enclosure: CD (referenced above)