janice K. Brewer 

Governor 

September 25, 2012 

David Smith, Manager 

ARIZONA DEPARTMENT 

OF . 

ENVIRONMENTAL QUALITY 

1110 West Washington Street • Phoenix, Arizona 85007 

(602) 771-2300 • www.azdeq.gov 

NPDES Permits Office (WTR-5) 

EPA Region 9 

75 Hawthorne Street 

San Francisco, CA 94105-390 l 

Attention Docket ID NO.: EPA-HQ-OW-2011-0141 & 0150 

Subject: Clean Water Act (CWA) Section 401 Certification - Arizona; 

Henry R. Darwin 

Director 

2013 Draft Vessel General Permit (VGP), Docket ID No. EPA-HQ-OW-2011-0141 ; 

2013 Draft Small Vessel General Permit (sVGP), Docket ID No. EPA-HQ-OW-2011-0105 

The Arizona Department of Environmental Quality (ADEQ), Water Quality Division has 

reviewed your request for Clean Water Act Section 401 Water Quality Certifications for the 

proposed issuance of the Draft Vessel General (VGP) and Draft Small Vessel General (SVGP) 

permits by the Environmental Protection Agency (USEP A), which were published in the Federal 

Register on December 8, 20 ll. 

Based on the review of the draft permits and fact sheets, ADEQ finds that when all requirements 

and conditions of the proposed VGP and sVGP, including the additional state-specific water 

quality conditions, are fully complied with, there is reasonable assurance that the discharges 

resulting from the normal operation of vessels will not result in a violation of applicable Surface 

Water Quality Standards (Arizona Administrative Code, Title 18, Chapter 11 , Article 1) or the 

applicable provisions of Sections 301 , 302, 303, 306 and 307 ofthe Clean Water Act. Subject to 

incorporation of Arizona's state-specific conditions listed in Section III, ADEQ hereby grants 

Section 401 Water Quality Certification for these federal permits. 

This letter serves as the State of Arizona's Section 401 Water Quality Certification for both of 

the draft permits and has three sections: Section I describes the draft permits being certified; 

Section II lists the references used as the basis for certification; and Section III lists the added 

conditions for State of Arizona Section 401 Water Quality Certification. 

Section I. 

Description of the General Permits to be 401 Certified: 

• Vessel General Permit (VGP), Docket ID No. EPA-HQ-OW-2011-0141 ; 

• Small Vessel General Permit (SVGP), Docket ID No. EPA-HQ-OW-2011-0105 
Section II. 

CWA 401 Certification: VGP, sVGP 

Page 2 of 3 

Information Supporting Conditional Section 401 Water Quality Certification: 

Arizona Admi nistrative Code (A.A.C.), Title 18, Chapter 11 , Article 1, Water Quality Standards 

for Surface Waters 

Arizona Revised Statutes (A.R.S.): 49-141 , 49-20 I, 49-202, and 49-203 

Section Ill. 

State-Specific Conditions of the Section 401 Water Quality Certification: 

1. Discharges authorized by these general permits shall not: 

a. Violate Ari zona's Surface Water Quality Standards (A.A.C. Title 18, Chapter 11 , 

Article 1). 

b. Contain a hazardous substance as defined in A.R.S. §49-20 1( 19). Additionally, the 

following wastes are prohibited from being discharged into waters of the state under 

this permit: sewage sludge, wastewater, used or spent oil, garbage or trash. In addition, 

A.A. C. R 18-11-1 23(B) prohibits the discharge of human body wastes and the wastes 

from toilets and other receptacles intended to receive or retain wastes from a vessel to 

Lake Powell. 

c. Contain oil, grease, or any other pollutant that floats as debris, foam, or scum; or that 

causes a fi lm or iridescent appearance on the surface of the water; or that causes a 

deposit on a shoreline, bank, or aquatic vegetation. The discharge of lubricating oil or 

gasoline associated with the normal operation of a recreational watercraft is not a 

violation of this narrative standard (A.A. C. R 18-11-1 08(B)). 

d. Contain suspended solids in quantities or concentrations that interfere with the 

treatment processes at the nearest downstream potable water treatment plant or 

substantially increase the cost of handling solids produced at the nearest downstream 

potable water treatment plant (A.A. C. R18-11-1 08(C)). 

2. If ballast water receives chlorination treatment prior to discharge, the discharge must not 

exceed a maximum level of 19 11g/L of total residual chlorine (A.A.C. Title 18, Chapter 11 , 

Article 1, Appendix A, Table 1 ). 

3. This certification does not relieve the authorized permittee of the responsibility of 

obtaining any other permits or authorizations that may be required for this project or 

related activities from ADEQ or any other agency. 

4. To prevent the propagation and spread of invasive species to waters of the state, before 

transporting any watercraft or vessel to any waters located within or bordering this State 

from waters or locations where aquatic invasive species are suspected or known to be 

present, permittees shall comply with the Vessel Decontamination Best Management 

Practices that follow (A.R.S. § 49-203(A)(7)). 
CWA 401 Certification: VGP, sVGP 

Page 3 of 3 

Vessel Decontamination Best Management Practices 

a. Short-term Day-use Boaters- One to five (1-5) days on the water: 

1. CLEAN the hull and remove any clinging materials. 

2. DRAIN (remove the bilge plug) the water from the engine, bilge, livewell(s), etc. 

3. DRY the whole boat and equipment. 

4. If possible, treat any standing water (in bilge, bottom of boat) or other boat 

surfaces with vinegar. 

b. Long-term Moored Boats (e.g. in marinas)- more than five (5) days on the 

water: 

1. CLEAN, DRAIN (remove the bilge plug) and DRY 

2. REMOVE all attached mussels 

3. DESICCATE the boat. Keep the boat out ofthe water for a minimum of seven 

(7) days in the spring, summer, and fall, and a minimum of 18 days in the winter 

to kill all hidden quagga mussels. 

Additional information regarding these Best management Practices related to the 

control of invasive aquatic species can be found at: www.azgfd.gov/mussels, or by 

contacting the Arizona Game and Fish Department. 

The state-specific conditions listed in Section III are in addition to the conditions in the pending 

Vessel General and Small Vessel General Permits to be issued by the USEPA. These conditions 

cannot be made less stringent without violating requirements of State Law, including Surface 

Water Quality Standards. 

These conditions are enforceable by A.R.S. § 49-202(A), 49-262 and 49-263. Civil penalties up 

to a maximum of $25,000 per day of violation may be levied if these certification conditions are 

violated. Criminal penalties may also be levied if a person knowingly violates any provision of 

the CWA. 

ADEQ's Section 401 Water Quality Certification of these activities, to operate under the terms 

(including the conditions herein) of the applicable permits, does not affect or modify in any way 

the obligations or liability of any person for any damages, injury, or loss, resulting from these 

activities. This certification is not intended to waive any other federal, state, or local laws. 

Questions regarding this certification should be directed to Christopher Henninger, Supervisor, 

Stormwater and General Permits Unit, at (602) 771-4508 or via e-mail to CPH@AZDEQ.GOV. 

Sincerely, 

dl?;tM?/ 

Linda Taunt, Deputy Director 

Water Quality Division 

cc: Ryan Albert, USEPA Headquarters 

Eugene Bromley, USEPA Region 9 

Tom McMahon, Arizona Game & Fish Department