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. Kelly Susewind Program Manager, Water Quality Program 

# DEC15 

# 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 Clean Water Act (CWA) section 401 Certification
DearMr. Susewind: The United States Environmental Protection Agencyis in the process ofreissuing the NPDES Vessel General Permit (VGP) to coverdischarges incidental to the normal operation ofcommercial vessels and non-recreational vessels greater than or equal 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 and Tribal lands. By means ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, wearerequesting thatthe Washington Department ofEcology (WDOE) make a written determination regarding certification under CWA Section 401. Under the EPA's CWA Section 401 certification regulations, a State or Tribe is required to waive, grant, or deny certificationbased on the draft, not the final "as issued," permit; 40 CPR § 124.53(c)-(e). The EPAmay not issue a permit authorizing discharges into the waters ofyour state until the WDOEhas granted certification under CWA Section 401, or has waived its right tocertify; 33 U.S.c. 1341(a)(l); 40 c.P.R. 124.53(a).The EPAregulations allow the state ortribe to have 60 days to certify unless the Regional Administrator finds that unusual circumstances require a longer time. 40 c.F.R. § 124.53(c)(3). The VGP and sVGP are unique because they not only regulate discharges ofmobile point sources, but also because oftheir broad applicabilityto 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 states ortribes to certifythe draft permits. You will be deemed to have waived your right to certify unless that right is exercised byJune 30, 2012

. In orderto 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 23 rd.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 a later date. In addition, the EPA has also developed an electronic tool that states and tribes can use to communicate and coordinate with each other as they develop their 401 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 necessaryto assure compliance with the applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements ofstate andtribal law; 33 U.S.C. § 1341(d); 40 c.F.R. § 124.53(e)(1). If you believe that any condition(s) more stringent than those contained in the draft permit is necessary to meet the requirements ofeither the CWA, state ortribal law, you shouldinclude such condition(s), and, in each case, cite the CW A, state or tribal law reference upon which that condition(s) is based. Failure to provide such a citation waives yourright to certify with respect to that condition(s). 40 c.F.R. § 124.53(e)(2). TheEPArequests that you specifywhether each condition is applicable to the VGP, sVGP, orboth. In addition, the state certification must include a statement ofthe extentto which each condition ofthe draft permit can be made less stringentwithout violating the requirements ofstate or tribal law, including waterquality standards. Failure to provide this statement for any condition waives the right to certifyor objectto 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 EPA plans to issue the general permits as final documents. Those final permits will incorporate any conditions specified in the WDOE certification. 33 U.S.C. § 1341(d).
I would appreciate receiving your certification byJune 30, 2012. Ifyou have any questions, please contact Cindi Godsey at (907) 271-6561 orbyemail at Godsey.cindi@epa.gov. Thank you for your assistance and cooperation. Sincerely,

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Michael A.

# BUSS:lI~ Office ofWater & Watersheds Enclosure: CD (referenced above)