Fw: VGP and sVGP 401 Certification Extension Cindi Godsey to : Marcus Zobrist Cc: J u hi Saxena, Ryan Albert This message has been replied to. Cindi Godsey Fw: VGP and sVGP 401 Certification Extension JuhiSaxena Thankyou! From: Cindi Godsey!R10/USEPAIUS06/29/2012 01:05PM

Reg ion 1 0 finished yesterday! --Forwarded by Cind i Godsey / R10/ USEPNUS on 06/29/2012 09:04AM-- From: To:

Cc:

Date : Subject: Mike Busseii/R10/USEPNUS bill.sullivan@puyalluptribe .com, carlmerkle@ctuir.com, dfulle r @pgst.nsn . us, dosterman@knrd .org, gwhi461 @ecy.wa .gov, j immedlen@century.net, ksus461 @ecy .wa . gov, leroyd@ l ummi-nsn.gov, miranda.Adams@deq.idaho.gov, mraZIK .Steve@deq .state .o r.u s , mwhite@chehalistribe .org, patty.snow@state .or. us , Roy.spino@wstribes.org, Rudy@spokanetribe.com, sharon .morgan@alaska .gov, "Bonnet, Michelle M (DEC)" <michelle.bonnet@alaska.gov> , ANDERSON . Peter@deq.state.or. us , bmoo461@ecy.wa .gov, char.naylor@puyalluptribe.com, cross ley@spokanetribe .com , gerry .Brown@alaska.gov, godsey.cindi@epa.gov, HOOFF.Rian@deq.state.or. us, jeremyf@lummi-nsn.gov, juna .hickner@state .or .us, june .bergquist@deq.idaho.gov, kmerrill@knrd .org, lora461 @ecy.wa.gov, rm ar461 @ecy .wa.gov, robert .edwardson@alaska.gov, robinharris@ctuir.com, rrichardson@wstribes.org, schruhl.derek@epa.gov, Wade.Strickland@alaska.gov , Cind i Godsey / R10/US EPNUS@EPA, Michael Lidgard/R1 0 / USEPNUS@EPA 06/28/2012 03:09 PM VGP and sVGP 401 Certification Extension 

### The United States Environmental Protection Agency (EPA) is in the process of reissuing the NPDES Vessel General Permit (VGP) to authorize discharges incidenta l 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 authorize 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 would authorize discharges into the waters ofyour state and tribal lands. In December 20 11 , I sent a letter, along with a compact disc ofthe draft general permits and fact sheets, requesting that States/Tribes make a written determination regarding certification under CWA section 401. Under EPA's CW A section 401 certification regulations, a State or Tribe is required to waive, grant, or deny certification based on the draft , not the final " as issued, " permit. See 40 CFR 124.53(c)-(e). EPA may not issue a permit authorizing discharges into the waters of your state until a State/Tribe has granted certification under CWA section 40 I , or has waived its right to certify. 33 U.S.C. 134l (a)( l) ; 40 C.F.R. 124.53 (a). EPA regulations allow the State or tribe to have 60 days to certify unless the Regional Administrator finds that unusualcircumstances require a longer time. 40 C.F.R. 1 24.53(c)(3). EPA pro v ided unti l June 30,2012 for all States/Tribes to certify the permits because they not only regulate discharges of mobile point sources, but also because of their broad applicability to the waters of every State and Tribe in the country. EPA also wanted to allow States/Tribes time to coordinate with their neighboring States/Tribes . EPA greatly appreciates the efforts of States/Tribes who have submitted their 401

certification in advance of the d e adline, and understands that many of you completed your 401 certifications under time pressure. However, after hearing concerns expressed by several states, we also understand that many S t ates/Tribes would benefit from more time to complete/reinitiate t heir public comment periods, conduct other essential administrative processes, and finalize their 401 certification conditions for t hese unique general permits. Therefore, E PA believes that unusual circumstances continue to exis t and is providing until October 1 , 2012 for a ll

States /T ribes to certify the draft permits. If you have already submitted a 401 certification, you

need not take any additional act i on unless you so choose. You will be deemed to have waived your right to certify unless that right is exercised by October 1 , 2012. The state certification sha ll be i n writing and shall include the specific conditions necessary to assure compliance with th e applicable provisions of CWA sections 208(e), 301 , 302, 303, 306, and 307, and with appropriate requi remen ts of State law. 33 U .S. C. § 1341(d); 40 C.F.R. § 124.53(e)(l). If you believe that any condition(s) more stringent than those contained in the draft permit is necessary to meet the requirements of either the CWA or State la w, you shou ld include

such condition(s), and, in each case, cite the CWA or State law reference upon which that condition(s) is based. Failure to provide such a citation waives your right to certify with respect to tha t condition(s). 40 C.F.R. § 124 .53(e)(2 ). EPA requests that you specify whether each condition is applicable to the VGP, sVGP, or both. I n addition, the state certification must include a statement of the exten t to which each condition of the draft permit can be made less stringent without violating the requirements of State law, including water quality standards.

Failure to provide this statemen t for any condition waives the right to certify or object to any less stringent condition which may be established during the EPA permit issuance process. 40 C.F.R. § 124.53(e)(3). Following review of the public comments received during the public comment period and receipt of your certification or waiver the reof , EPA plans t o issue t he genera l permits as final documents. Those final permits w ill incorporate any conditions specified in the State's / Tribe 's certification. 33 u.s.c. § 1341(d).

I would appreciate receiving your certificat i on by October 1 , 2012. If you have any questions, please contact Cindi Godsey at (907) 271-6561 or godsey.cindi@epa.gov. Thank you for your assistance and cooperation.