In the Matter of: Vermont Agency of Natural Resources Department

of Environmental Conservation Water Quality Certification (P.L. 92-500, Section 401) United States Environmental Protection Agency (EPA) National Pollutant Discharge System (NPDES) Vessel General Permit (VGP), WQC-201204171
and Small Vessel General Permit (sVGP), WQC-201204174 Findings 1. EPA has issued

a draft NPDES Vessel General Permit (VGP) that would authorize discharges incidental
to the normal operation of non-military and non-recreational vessels greater than or equal to 79 feet in length and a draft NPDES Small Vessel General Permit (sVGP) that would authorize discharges incidental
to the normal operation of non-military and non-recreational vessels less than 79 feet in length. 2. Pursuant
to Section 401 of the Federal Clean Water Act (33 USC 1341)(CWA),
the Vermont Department
of Environmental Conservation (Depmtment), and based on the information and materials included
in the draft VGP and draft sVGP found at http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm,

the Department

is hereby providing

a written determination regarding certification
of EPA's proposed VGP and sVGP in response
to EPA's·December 2011 request for certification. 3. The General Conditions ofthe VGP and sVGP, the capacity of EPA to enforce such conditions and the State's reservation
of authority
to independently enforce the Vermont Water Quality Standards and other state laws applicable
to any discharge on a case by case basis will ensure compliance with the Vermont Water Quality Standards. 4. The conditions

in EPA's draft VGP and sVGP cannot be made less stringent without violating Vermont's Water Quality Standards and other requirements
of State law. See 40 CFR 124.53 (e)(3). The Department finds that EPA's supporting analysis has shown that the requirements

of the draft V GP and sVGP are sufficiently protective
of Vermont's waters.

1Certification 1. The Department certifies there is a reasonable assurance that discharges from vessels covered by EPA's VGP and sVGP will comply with the applicable provisions
of 33 U.S.C §§ 1311, 1312, 1313, 1316, 1317 and 1341 (CWA §§ 301, 302, 303, 306, 307 and 401), and that permittees and their activities will not contravene applicable limitations, standards and other appropriate requirements

of State law, provided the following conditions set forth in this Certification
are met. 2. In evaluating EPA's request for certification ofthe VGP and sVGP, the Department has relied on information provided by the EPA for the draft VGP and sVGP. If such information subsequently proves to be false, incomplete

or inaccurate, this certification may be modified, suspended,
or revoked
as necessary
to assure compliance with the applicable provisions
of the CWA (§§ 301, 302, 303, 306, 307 and 401) and with appropriate requirements

of State law. 3. The operator of any vessel covered under the VGP or sVGP who by accident, negligence,

or otherwise causes the discharge, spillage, uncontrolled loss, seepage or filtration of oil or petroleum
or chemical liquids or solid, liquid or gaseous products,
or hazardous wastes which poses

a potential threat to human health or the environment, shall immediately report to the Department
by telephone

at (802) 828-1535. 4. All work and activities conducted
by the permittee
in accordance with the VGP or sVGP shall be consistent with the terms and conditions
of this certification. Any regulated activities carried out in a manner inconsistent with the conditions set forth herein or inconsistent with the requirements specified
in the VGP or sVGP, which are not more stringently conditioned under this certification, constitute

a violation ofthis certification pursuant
to 40 CFR §124.53(e)(l), and all instances of non-compliance with this certification must be immediately rep01ted
to the Department

at (802) 828-1535. 5. The discharge of wastewaters from pressure washing the bottom of vessels and any point source or non-point source pollution from spillage, sanding, sand blasting,
or scraping vessels into Vermont waters from any vessel covered under the VGP or sVGP
is prohibited. 6. Any discharge from any vessel covered under the VGP or sVGP that results in the further degradation
of the chemical, physical,
or biological integrity

of Vermont waters listed on Vermont's Section 303( d) list is prohibited. 7. This cettification

is only valid for those activities that fully comply with all terms and conditions ofEPA's final VGP and sVGP and all other state laws applicable
to such discharges. The Department reserves the authority
to enforce any violation of the Vermont Water Quality Standards that results from any discharge and to enforce all other state laws applicable

to such discharges. 8. Discharges that are not eligible for coverage under the VGP and sVGP and that require an individual permit must obtain an individual water quality certification

or waiver from the Department. 9. This certification shall be valid until such time as the VGP or sVGP is modified, suspended, revoked or reissued.

210. The issuance of this certification does not authorize violation of any federal, state or local laws or regulations, nor does it obviate the necessity of obtaining such permits, including any Department permits or approvals,
or permits or approvals from other governmental entities. 11. This certification may be revoked or modified
if it is found in the sole discretion of the Depmtment, that the process and conditions
of the VGP or sVGP do not achieve compliance with the Vermont Water Quality Standards and other applicable provisions
of state law. State of Vermont Agency ofNatural Resources David 

### K. Mears, Commissioner Department
of Environmental Conservation BY: Peter LaFlamme, Director Watershed Management Division Digitally signed by Peter LaFlamme DN: en= Peter LaFlamme, o=VTDEC, ou=Watershed Management Division, email=pete.laflamme@state.vt.us,

c=US Date: 2012.09.2714:07:35 -04'00' 3