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 

Mr. Gordon White 

Shoreland & Environmental Assistance Program DEC 15 2011 

Washington Department of Ecology 

P.O. Box 47600 

Olympia, Washington 98504-7600 

Re: 	 Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) 

Request for Coastal Zone Management Program Consistency Determination 

Dear Mr. White: 

By this letter, the U.S. Environmental Protection Agency provides a national consistency 

determination to the Washington Department of Ecology pursuant to Section 307(c)(1) of the 

Coastal Zone Management Act (CZMA), induding implementing regulations at 15 C.F.R. 

930.31 (d) and 930.36( e). As further described below, the activity for which the EPA has 

prepared the natJonal consistency determination consists of the proposal of two general NPDES 

permits for discharges incidental to the normal operation of vessels. The EPA proposed these 

two general permits, which are national in scope, pursuant to Section 402 ofthe Clean Water Act 

(CW A), 33 U.S.C. § 1342. These EPA general permits are subject to the regulations that 

implement CZMA Section 307(c)(1) because they do not involve case-by-case or individual 

issuance of a permit by the EPA. The EPA released copies of both permits and their 

accompanying fact sheets on November 30,2011. This information is available at: 

http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm. 

CWA Section 301(a) prohibits the discharges of pollutants into waters ofthe United States, 

induding the three nautical mile territorial sea, except in compliance with certain other sections 

of the CWA, induding compliance with an NPDES permit. The EPA developed the VGP to 

regulate discharges incidental to the normal operation of commercial vessels and 

non-recreational vessels greater than or equal to 79 feet in length. In light ofthe differences 

between larger vessels and smaller vessels, the EPA proposed the sVGP to cover discharges 

incidental to the normal operation of vessels less than 79 feet in length. 

The EPA has determined that issuance ofthese permits is consistent to the maximum extent 

practicable with the enforceable policies of the approved Washington management program for a 

number ofreasons. The permits provide increased protection to coastal waters by imposing 

enforceable NPDES permit limits on those discharges. In addition, both permits establish 

technology-based effluent limitations based upon CWA Sections 301 (b )(2)(A) and 301 (b )(2)(E), 

ensuring that vessel discharges will be in compliance with applicable State water quality 

standards under CWA Section 303, and establishing requirements for the permittee to conduct 

monitoring and inspections. In addition, because these general NPDES permits are issued by the 

federal government, they are subject to State water quality certification requirements under 
CW A Section 401. Under CWA Section 401, Washington has been asked to certify that the 

permits will comply with State water quality standards and other appropriate requirements of 

State law, and the final permits, will incorporate applicable requirements or conditions required 

by that certification. In Washington the 401 certification Agency is Washington Department of 

Ecology and the contact is Kelly Susewind. A detailed discussion ofthe permit terms and 

conditions and their underlying basis is set out in the enclosed CD containing the permits and 

their accompanying fact sheets. 

In light of the above, pursuant to Section 307(c)(1) ofthe CZMA, the EPA has determined that 

these proposed permits are consistent to the maximum extent practicable with the enforceable 

policies of the approved Washington Coastal Zone Management Program. The EPA requires 

your review, and if necessary, conditions, based on specific enforceable policies, that would 

permit the Washington Department of Ecology to concur with the EPA's consistency 

determination within 60 days ofthe receipt of this letter. Ifthe Washington Department of 

Ecology fails to furnish a reply within this time period the EPA will presume your concurrence. 

If you have any question, please contact Cindi Godsey of my staff at (907) 271-6561 or by 

email at Godsey.cindi@epa.gov 

Sincerely, 

cc: Ms. Loree Randall, Washington Department of Ecology 

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