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. Steve Mrazik 

# DEC 15 

# 2011_ Oregon Department ofEnvironmental Quality 2020 SW 4th Avenue, Suite 400 Portland, Oregon 97201

Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Clean Water Act (CWA) section 401 Certification

DearMr. Mrazik:

The United States Environmental Protection Agency is 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 or Tribal lands.

Bymeans ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, we are requesting that the Oregon Department ofEnvironmental Quality (ODEQ) make a written determination regarding certification under CWA section 401. Under the EPA's CWA section401 certificationregulations, a State orTribe is required to waive, grant, ordeny certification based on the draft, not the final "as issued," permit; 40 CFR § 124.53(c)-(e). The EPA may not issue a permit authorizing discharges into the waters ofyour State until the ODEQ has granted certification under CWA Section 401, orhas waived its right to certify. 33 U.S.c. § 1341(a)(1); 40 c.F.R.§ 124.53(a).The EPA regulations allow the state ortribe to have 60 days to certifyunless 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 onlyregulate discharges ofmobile point sources, but also because oftheir broad applicability to 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 or tribes to certify the draft permits. You will be deemed to have waived your right to certifyunless 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, lllinois on the 24th and 25th ofJanuary 2012. This meeting will immediatelyfollow the public meeting on the VGP scheduled onJanuary 23rd

. 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 their401 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 necessary to assure compliance with the applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements ofStaterrriballaw. 33 U.S.c. § 1341(d); 40C.F.R. § 124.53(e)(l). Ifyou believe that any condition(s) more stringent than those contained in the draft permit is necessary to meet the requirements ofeitherthe CWA, state ortribal law, you should include such condition(s), and, in each case, cite the CWA, State orTribal law reference upon which that condition(s) is based. Failure to provide such a citation waives yourrightto certify withrespect to that condition(s). 40 C.F.R. § 124.53(e)(2). The EPA requests that you specify whether each condition is applicable to the VGP, sVGP, orboth. ill addition, the state certification must include a statement ofthe extentto which each condition ofthe draft permit can be made less stringent without violating the requirements ofstate or tribal law, including water quality standards. Failure to provide this statement for any condition waives the right to certify or object to any less stringentcondition 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 yourcertification or waiverthereof, the EPAplans to issue the general permits as final documents. Those final permits will incorporate any conditions specified inthe ODEQ 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 orbye-mail at Godsey.cindi@epa.gov. Thank you for your assistance and cooperation.

# ~#f Michael A. Bussell, Director Office ofWater & Watersheds

Enclosure: CD (referenced above)

cc: Pete Anderson, ODEQ