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. 

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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. 

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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' 

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