Mr. Michael Bussell, Director 

USEP A, Region 10 

Office of Water and Watersheds 

1200 Sixth A venue, Suite 900 

Seattle, Washington 98101 

Subject: FINAL §401 Water Quality Certification for there-issuance of the NPDES Vessel 

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

Dear Mr. Bussell: 

The Idaho Department of Environmental Quality (DEQ) has reviewed the draft NPDES permits 

covering discharges incidental to the normal operation of commercial, non-recreational vessels. 

DEQ has included several conditions necessary to comply with Idaho Water Quality Standards 

and other laws intended to protect water quality. All of the conditions set forth in the state's 

certification apply to both the VGP and the sVGP. 

DEQ offered a 30-day public comment period, during which time no comments were received. 

Please find the enclosed final certification for inclusion with the VGP and sVGP for the State of 

Idaho. 

If you have any questions or concerns, please feel free to contact Miranda Adams at 208-373-

0574 or via email at miranda.adams@deg.idaho.gov. 

Sincerely, 

BarryN. Burnell 

Water Quality Division Administrator 

BNB:MA:ls 

c: Michael Lidgard, USEPA Region 10 

Cindi Godsey, USEP A Region 10 

Pr int e d o n R e c y c l e d Pa p e r 
(sVG

) 

Pursuant to the provisions of Section 401(a)(1) of the Federal Water Pollution Control 

Act (Clean Water Act), as amended, 33 USC Section 1341 (a)(1), and Idaho Code§§ 39-

101 et.seq., and 39-3601 et.seq., the Idaho Department of Environmental Quality (DEQ) 

has authority to review National Pollutant Discharge Elimination System (NDPES) 

permits and issue water quality certification decisions. 

Based upon its review of the above-referenced permit and associated fact sheet, DEQ 

certifies that if the permittee complies with the terms and conditions imposed by the 

permit along with the conditions set forth in this water quality certification, then there is 

reasonable assurance the discharge will comply with the applicable requirements of 

Sections 301, 302, 303, 306, and 307 of the Clean Water Act, including the Idaho Water 

Quality Standards (WQS) (IDAP A 58.01.02) and other appropriate water quality 

requirements of State law. 

This certification does not constitute authorization of the permitted activities by any other 

state or federal agency or private person or entity. This certification does not excuse the 

permit holder from the obligation to obtain any other necessary approvals, authorizations 

or permits, including without limitation, the approval from the owner of a private water 

conveyance system, if one is required, to use the system in connection with the permitted 

activities. 

Antidegradation Review 

The WQS contain an anti degradation policy providing three levels of protection to water 

bodies in Idaho (IDAPA 58.01.02.051). 

• Tier 1 Protection. The first level of protection applies to all water bodies subject 

to Clean Water Act jurisdiction. and ensures that existing uses of a water body and 

the level of water quality necessary to protect those existing uses will be 

maintained and protected (IDAPA 58.01.02.051.01; 58.01.02.052.01). 

Additionally, a Tier 1 review is performed for all new or reissued permits or 

licenses (IDAP A 58.01.02.052.07). · 

• Tier 2 Protection. The second level of protection applies to those water bodies 

considered high quality and ensures that no lowering of water quality will be 

allowed unless deemed necessary to accommodate important economic or social 

development (IDAP A 58.01.02.051.02; 58.01.02.052.08). 

1I P age 
use, unless specific circumstances warranting Tier 2 protection are met (IDAP A 

58.01.02.052.05.c). The most recent federally approved Integrated Report and supporting 

data are used to determine support status and the tier of protection (ID AP A 

58.0 1.02.052.05). 

Pollutants of Concern 

EPA has established effluent limitations to control a variety of pollutants associated with 

discharges from vessels. These pollutants have been classified into 7 major groups: 

Aquatic Nuisance Species (ANS), nutrients, pathogens (including E. coli & fecal 

coliform), oil and grease, metals, most conventional pollutants (Biochemical Oxygen 

Demand, pH, Total Suspended Solids), and other toxic and non-conventional pollutants 

with toxic effects. 

Receiving Water Body Level of Protection 

All waters in Idaho that receive discharges from vessels will receive, at minimum, Tier 1 

antidegradation protection because Idaho's antidegradation policy applies to all state 

waters. Water bodies that fully support their aquatic life or recreational uses are 

considered to be "high quality waters" and will receive Tier 2 antidegradation protection. 

For waters which have not yet been assessed, DEQ must evaluate on a case-by-case basis 

whether to apply tier 2 protections, in addition to tier 1 protections. Although Idaho does 

not currently have any outstanding resource waters (ORWs) designated, it is possible that 

a water body could be designated as an OR W during the life of this permit. Because of 

this potential, this antidegradation review will also assess whether the permit complies 

with the outstanding resource water requirements (Tier 3) of Idaho's anti degradation 

policy. 

Protection and Maintenance of Existing Uses (Tier 1 Protection) 

As noted above, a Tier 1 review is performed for all new or reissued permits or licenses, 

applies to all waters subject to the jurisdiction of the CW A, and requires a showing that 

existing uses and the level of water quality necessary to protect existing uses shall be 

maintained and protected. In order to protect and maintain designated and existing 

beneficial uses, a permitted discharge must comply with narrative and numeric criteria of 

the Idaho WQS, as well as other provisions of the WQS such as Section 055, which 

addresses water quality limited waters. 

Water bodies not supporting existing or designated beneficial uses must be identified as 

water quality limited, and a total maximum daily load (TMDL) must be prepared for 

those pollutants causing impairment. A central purpose of TMDLs is to establish 

wasteload allocations for point source discharges, which are set at levels designed to help 

2 IPage 
authorized under the VGP and sVGP are impracticable to calculate due to the varied nature 

of discharges from vessels, therefore non-numeric effluent limits contained in both permits 

speak to best management practices (BMPs) for dischargers to comply with. DEQ has 

reviewed the BMPs and has added further conditions on discharges to water bodies which are 

expected to receive discharges from vessels and are currently not meeting Idaho WQS. 

Owners or operators of large vessels, covered under the VGP, are required to know whether 

they are discharging to impaired waters. Under the High Priority Provision of Section 055 of 

Idaho's WQS, in absence of a TMDL, there must not be additional loading of a pollutant 

where an impairment caused by that pollutant exists (IDAPA 58.01.02.055.04). Therefore, 

special considerations will need to be taken when discharging to these waters to ensure that 

discharges will not contribute to the impairment. For example, where a water body is 

impaired by metals, the discharger must not engage in activities (i.e. releasing contaminated 

bilgewater) where those pollutants are discharged to the water body, thereby contributing to 

the existing impairment (see Table 1). 

Idaho state law prohibits discharges of graywater and/or sewage/graywater mixtures in 

certain regions, which are otherwise authorized under this general permit (see 

"Conditions" section). · 

The limitations and associated requirements in the 2013 VGP, coupled with other 

applicable state laws, and the conditions set forth in this certification provide DEQ 

reasonable assurance of compliance with IDAPA 58.01.02.051.01 and 58.01.02.052.07. 

Protection of High-Quality Waters (Tier 2 Protection) 

As indicated previously, water bodies that fully support their beneficial uses will be 

provided Tier 2 protection. As such, the quality of these waters must be maintained and 

protected, unless it is deemed necessary to accommodate important economic or social 

development. For a reissued permit or license, the effect on water quality is determined 

by looking at the difference in water quality that would result from the activity or 

discharge as authorized in the current permit and the water quality that would result from 

the activity or discharge as proposed in the reissued permit or license {IDAP A 

58.01.02.052.06.a). For a new permit or license, the effect on water quality is determined 

by reviewing the differenc.e between the existing receiving water quality and the water 

quality that would result from the activity or discharge as proposed in the new permit or 

license {IDAPA 58.01.02.052.06.a). 

With respect to vessels currently operating in Idaho and discharging to waters of the 

State, DEQ believes that as long as discharges are not increasing, there will be no 

3 jPage 
that high quality waters are not degraded. This condition shall ensure compliance with 

Idaho's tier 2 anti degradation requirements. 

In sum, as long as the vessel operators comply with the terms of the NPDES permit and 

§40 1 certification then there is reasonable assurance that existing and designated 

beneficial uses will be protected and maintained and there will be no degradation or 

adverse change in water quality as required under IDAPA 58.01.02.051.02 and IDAPA 

58.01.02.052.06. 

Protection of Outstanding Resource Waters (Tier 3 Protection) 

Idaho's anti degradation policy requires that the quality of outstanding resource waters be 

maintained and protected from the impacts of point source discharges. No water bodies in 

Idaho have been designated as outstanding resource waters to date; however, it is possible 

that waters may become designated during the term of these permits. Because of this 

possibility, DEQ has evaluated whether the proposed draft VGP and sVGP comply with 

the OR W anti degradation provision. 

As a condition of this certification, DEQ is requiring any applicant proposing to 

discharge to an ORW, under either permit, to obtain an individual NPDES permit from 

EPA. This requirement complies with Idaho's antidegradation provisions concerning 

ORWs (IDAPA 58.01.02.052.09). 

Conditions Necessary to Ensure Compliance with Water 

Quality Standards or Other Appropriate Water Quality 

Requirements of State Law 

Applicable to Both the Vessel GP and the Small Vessel GP 

Permittee Responsibility 

Owners and operators of vessels covered by the Vessel General Permit (VGP) and/or the 

Small Vessel General Permit are responsible for knowing the current support status of the 

waters in which they operate on and may discharge to. The most current EPA-approved 

IR must be used to determine the support status of the affected water body and can be 

found online: http://www.deg.idaho.gov/water-quality/surface-water/monitoringassessment/integrated-report.aspx. 

4I Page 
Table 1. Water bodies expected to receive discharges from vessels, current support status (Integrated Report, 2010) 

Region -:- -·· , WaterBodv '· .; .. - ··•"'·_., , __ HUC'· Support Status · , Pa1lutani$o[Cirnq:m -~.= ... _. '1. . • :.,. :;: ' ' 

Coeur Clark Fork River 17010213 Impaired Cadmium, Copper, Zinc, 

d'Alene Dissolved Gas Supersaturation, 

Temperature 

Coeur d'Alene Lake 17010303 Impaired Cadmium, Lead, Zinc 

Kootenai River 17010104 Impaired Temperature 

Lake Pend Oreille 17010214 Impaired Mercury, Temperature, 

Dissolved Gas Supersaturation 

Pend Oreille River 17010214 Impaired Temperature, Dissolved Gas 

17010216 Su_Qersaturation 

Priest Lake 17010215 Unassessed N/A 

Spokane River 17010305 Impaired Cadmium, Lead, Zinc, 

Phosphorus 

Lewiston Clearwater River 17060304 Multiple Dissolved Gas Supersaturation, 

17060306 Categories Sedimentation, Temperature 

17060308 

Dworshak Reservoir 17060308 Unassessed N/A 

Reporting New or Increased Discharges, or Increased Fleet Size, to Tier 2 (HighQuality) Waters 

As a condition of this certification, DEQ is requiring that owners/operators of vessels 

proposing to increase their discharges or number of vessels in their fleet, or those who are 

seeking coverage under the VGP for the first time, contact the appropriate DEQ Regional 

Office {Table 2) to determine whether additional controls are necessary in order to ensure 

that high quality waters are not degraded. 

Rules Prohibiting Discharges on Certain Water Bodies 

Owners and operators of vessels covered by these general permits must be aware of and 

comply with the Panhandle Health District Rules governing discharges from vessels. The 

discharge of graywater or a sewage/ graywater mixture otherwise authorized under this 

general permit is prohibited in certain regions of the state pursuant to IDAP A 

41.01.01.200.01(c). Those areas include Boundary, Bonner, Kootenai, Benewah, and 

Shoshone counties in Northern Idaho (IDAPA 41.01.01.200.01 et seq.). 

Reporting of Discharges Containing Hazardous Materials or Petroleum Products 

Any spill of hazardous materials must be immediately reported to the appropriate DEQ 

Regional Office {Table 2). Spills of petroleum products that exceed 25 gallons or that 

cause a visible sheen on nearby surface waters should be reported to DEQ within 24-

hours. Petroleum product spills of less than 25 gallons or spills that do not cause a sheen 

5 jP age 
Lewiston John Cardwell 208

799

4370 

Outside of regular business hours, qualified spills should be reported to the State 

Communications Center (1-800-632-8000 or 208-846-7610). 

Invasive Species 

ov 

Owners and operators of vessels covered by these general permits must be aware of and 

comply with the Idaho State Department of Agriculture Rules Governing Invasive 

Species (IDAP A 02.06.09). 

Right to Appeal Final Certification 

The final Section 401 Water Quality Certification may be appealed by submitting a 

petition to initiate a contested case, pursuant to Idaho Code§ 39-107(5), and the Rules of 

Administrative Procedure Before the Board of Environmental Quality, IDAPA 58.01.23, 

within 35 days of the date of the final certification. 

Questions regarding the actions taken in this certification should be directed to Miranda 

Adams, IDEQ Stat~ Office at (208) 373-0574 or miranda.adams@deg.idaho.gov. 

Barry 

B~11.

N. Burnell 

~ 

Water Quality Division Administrator 

IDEQ State Office 

6 IPage