Fw: VGP and sVGP 401 Certification Extension 

Cindi Godsey to: Marcus Zobrist 

Cc: Juhi Saxena, Ryan Albert 

This message has been replied to. 

Cindi Godsey Fw: VGP and sVGP 401 Certification Extension 

JuhiSaxena Thank you! From: Cindi Godsey!R10/USEPAIUS 

06/29/2012 01:05PM 

Region 1 0 finished yesterday! 

--Forwarded by Cindi Godsey/R10/USEPNUS on 06/29/2012 09:04AM--

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Mike Busseii/R10/USEPNUS 

bill.sullivan@puyalluptribe.com, carlmerkle@ctuir.com, dfuller@pgst.nsn.us, dosterman@knrd.org, 

gwhi461 @ecy.wa.gov, jimmedlen@century.net, ksus461 @ecy .wa.gov, leroyd@lummi-nsn.gov, 

miranda.Adams@deq.idaho.gov, mraZIK.Steve@deq.state.or.us, 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, rmar461 @ecy.wa.gov, 

robert.edwardson@alaska.gov, robinharris@ctuir.com, rrichardson@wstribes.org, 

schruhl.derek@epa.gov, Wade.Strickland@alaska.gov, Cindi Godsey/R10/USEPNUS@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 incidental to the normal operation 

of commercial 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 of vessels less than 79 feet in length. Copies of the 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 of your state and tribal lands. 

In December 2011 , I sent a letter, along with a compact disc of the draft general permits and fact 

sheets, requesting that States/Tribes make a written determination regarding certification under 

CW A 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 CW A 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 unusual 
circumstances require a longer time. 40 C.F.R. 124.53(c)(3). EPA provided until 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 deadline, 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 States/Tribes would benefit from more time to complete/reinitiate 

their public comment periods, conduct other essential administrative processes, and finalize their 

401 certification conditions for these unique general permits. Therefore, EPA believes that 

unusual circumstances continue to exist and is providing until October 1, 2012 for all 

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

need not take any additional action 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 shall be in writing and shall include the specific conditions necessary to 

assure compliance with the applicable provisions of CWA sections 208(e), 301 , 302, 303, 306, 

and 307, and with appropriate requirements 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 law, you should 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 that 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. In addition, the state certification must 

include a statement of the extent 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 statement 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 thereof, EPA plans to issue the general permits as final documents. 

Those final permits will incorporate any conditions specified in the State's/Tribe's certification. 

33 u.s.c. § 1341(d). 

I would appreciate receiving your certification 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.