STATE OF IDAHO DEPARTMENT
OF ENVIRONMENTAL QUALITY 141 0 North Hilton

• Boise, Idaho 83706

• (208) 373-0502 July 31, 2012 Mr. Michael Bussell, Director USEP A, Region 10 Office of Water and Watersheds 1200 Sixth A venue, Suite 900 Seattle, Washington 98101

C.L. "Butch" Otter, Governor Curt Fransen, Director 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 rJuly 31, 2012 Idaho Department

of Environmental Quality FINAL §401 Water Quality Certification NPDES Permit(s): Vessel General Permit (VGP), Small Vessel General Permit (sVGP) 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• Tier 3 Protection. The third level of protection applies to water bodies that have been designated outstanding resource waters and requires that activities not cause a lowering of water quality (IDAP A 58.01.02.051.03; 58.01.02.052.09). DEQ is employing

a water body by water body approach
to implementing Idaho's antidegradation policy. This approach means that any water body fully supporting
its beneficial uses will be considered high quality (IDAP A 58.01.02.052.05). Any water body not fully supporting
its beneficial uses will be provided Tier
1 protection for that 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 IPagerestore the water body to a condition that supports existing and designated beneficial uses. Discharge permits must contain limitations that are consistent with wasteload allocations
in the approved TMDL.
A permit with effluent limitations consistent with TMDL wasteload allocations will provide the level of water quality necessary
to support existing and designated uses and therefore satisfies Tier
1 antidegradation requirements. Currently, there are no TMDLs in the state of Idaho that contain WLAs for discharges from vessels. Furthermore, EPA has determined that numeric efiluent limits for discharges 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 jPagedegradation

or adverse change in water quality because the new permits are more stringent than the previous permits. New or increased discharges however, must be evaluated on a case-by-case basis. 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. 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 PageDEQ's webpage alsohasalinktothestate's map-based Integrated Reportwhich presents information fromthe Integrated Reportinasearchable, map-based format: http://mapcase.deg.idaho.gov/wg2010/

. The information provided
inTable

1 (below)
isbasedonthe2010 Integrated Reportand is subjectto change. As previously stated, discharges mustnotcontain pollutants where the receiving water bodyis identified
as"impaired" duetothose pollutants (IDAPA 58.01.02.055.04). Table1.Waterbodies expected
toreceive discharges from vessels, current supportstatus (Integrated Report, 2010) Region

-:--··,WaterBodv

'· .;.. -··•"'·_.

,,__HUC'· Support Status

·,Pa1lutani$o[Cirnq:m

**-~.=**

..._.'1..
•:.,.:;:' ' Coeur Clark Fork River17010213 Impaired Cadmium, Copper, Zinc, d'Alene

Dissolved Gas Supersaturation, Temperature Coeur d'Alene Lake17010303 Impaired Cadmium, Lead, Zinc Kootenai River17010104 Impaired Temperature Lake Pend Oreille17010214 Impaired Mercury, Temperature, Dissolved Gas Supersaturation Pend Oreille River17010214 Impaired Temperature, Dissolved Gas 17010216 Su_Qersaturation Priest Lake17010215 Unassessed N/A Spokane River17010305 Impaired Cadmium, Lead, Zinc, Phosphorus Lewiston Clearwater River17060304 Multiple Dissolved Gas Supersaturation, 17060306 Categories Sedimentation, Temperature 17060308 Dworshak Reservoir17060308 Unassessed N/A Reporting New orIncreased Discharges,

orIncreased Fleet Size, toTier 2 (HighQuality) Waters Asacondition ofthis certification, DEQis requiring that owners/operators

of vessels proposing

toincrease their discharges
ornumber of vesselsintheir fleet,orthose whoare seeking coverageunderthe VGPforthefirst time, contactthe appropriate DEQ Regional Office {Table 2)todetermine whether additional controls arenecessary
inordertoensure that high quality watersarenot degraded. Rules Prohibiting Discharges
onCertain Water Bodies Ownersand operatorsof vessels covered bythese general permits mustbe awareofand comply withthe Panhandle Health District Rules governing discharges from vessels. The discharge of graywater
orasewage/ graywatermixture otherwise authorized underthis general permitis prohibited
incertain regions ofthestate pursuant
toIDAPA 41.01.01.200.01(c). Those areasinclude Boundary, Bonner, Kootenai, Benewah, and Shoshone countiesin Northern Idaho (IDAPA 41.01.01.200.01

et seq.). Reporting of Discharges Containing Hazardous Materials orPetroleum Products Any spillof hazardous materials mustbe immediately reported
tothe appropriate DEQ Regional Office {Table 2). Spillsof petroleum products that exceed 25 gallonsorthat cause

avisible sheenonnearby surface watersshouldbe reported
to DEQ within24- hours. Petroleum product spillsoflessthan25 gallonsorspillsthatdonotcause

asheen 5 jP ageon nearby surface waters shall be reported
to DEQ if clean-up cannot be accomplished within 24-hours (IDAPA 58.01.02.850, 58.01.02.851, 58.01.02.852). Coeur d'Alene June Berg uist 208-769-1422 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

. 

# B~11.**~** Barry N. Burnell Water Quality Division Administrator IDEQ State Office

6 IPage