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

CERTIFIED MAIL

- RETURN RECEIPT REQUESTED

Mr. Gordon White Shoreland & Environmental Assistance Program 

# DEC 15 

# 2011 Washington Department ofEcology 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 ofEcology pursuant to Section 307(c)(1) ofthe Coastal Zone Management Act (CZMA), induding implementingregulations 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 ofthe proposal oftwo general NPDES permits for discharges incidental to the normal operation ofvessels. The EPA proposedthese two general permits, which are national in scope, pursuant to Section 402 ofthe Clean Water Act (CWA), 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 ofa permitby the EPA. The EPA released copies ofboth permits and their accompanying fact sheets onNovember 30,2011. This information is available at: http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm

. CWA Section 301(a) prohibits the discharges ofpollutants into waters ofthe United States, indudingthe three nautical mile territorial sea, except in compliance with certain other sections ofthe CWA, induding compliance with an NPDES permit. The EPA developed the VGP to regulate discharges incidental to the normal operation ofcommercial 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 EPAproposed the sVGP to cover discharges incidental to the normal operation ofvessels 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 ofthe approved Washington managementprogram for a number ofreasons. The permits provide increased protection to coastal waters by imposing enforceable NPDES permit limits onthose discharges. In addition, bothpermits establish technology-based effluent limitations based upon CWA Sections 301(b)(2)(A) and 301(b)(2)(E), ensuringthat 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 underCWA Section 401. Under CWA Section401, 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 ofthepermit terms and conditions and their underlying basis is set out in the enclosed CD containing the permits and their accompanying fact sheets.

In light ofthe above, pursuant to Section 307(c)(1) ofthe CZMA, the EPA has determined that these proposed permits are consistentto the maximum extent practicable with the enforceable policies ofthe approved Washington Coastal Zone Management Program. The EPArequires your review, and ifnecessary, conditions, based on specific enforceable policies, that would permitthe Washington Department ofEcology to concur withthe EPA's consistency determination within 60 days ofthe receipt ofthis letter. Ifthe Washington Department of Ecology fails to furnish a reply within this time period the EPAwill presume your concurrence.
Ifyouhave any question, please contact Cindi Godsey ofmy staffat (907) 271-6561 or by email at Godsey.cindi@epa.gov Sincerely,

cc: Ms. Loree Randall, Washington Department ofEcology



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