UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 OFFICE OF WATER AND WATERSHEDS

CERTIFIED MAIL

- RETURN RECEIPT REQUESTED

Mr. Bob Bailey 

# DEC 15 2011 Manager, Ocean and Coastal Program Department ofLand Conservation & Development 635 Capitol Street N.E., Suite 150 Salem, Oregon 97301-2540

Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Coastal Zone Management Program Consistency Determination

Dear Mr. Bailey:

Bythis letter, the U.S. Environmental Protection Agency provides a national consistency determination to the Department ofLand Conservation & Developmentpursuant to Section 307(c)(l) ofthe Coastal Zone Management Act (CZMA), including implementing regulations at 15 C.F.R. 930.3 1 (d) and 930.36(e). As further described below, the activity for which the EPA has prepared the national cQnsistency determination consists ofthe proposal oftwo general NPDES permitsfor'discharges incidental to the normal operation ofvessels. The EPA proposed these two general permits, which are national in scope, pursuant to Section402 ofthe Clean Water Act (CWA), 33 U.S.C. § 1342. These EPA general permits are subject to the regulations that implement CZMA Section 307(c)(l) because they do not involve case-by-case orindividual issuance ofapermit by the EPA. The EPA released copies ofboth permits and their accompanying fact sheets on November 30, 2011. This information is available at: http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm.

CWA Section 301(a) prohibits the discharges ofpollutants into waters ofthe United States, including the three nautical mile territorial sea, except in compliance with certain other sections ofthe CWA, including compliance with anNPDES permit. The EPA developed the VGP to regulate discharges incidental to the normal operation ofcommercial vessels and non-recreational vessels greater than or equal to 79 feet in length. In light ofthe differences between larger vessels and smaller vessels, the EPA proposed the sVGP to cover discharges incidental to the normal operation ofvessels less than 79 feet in length.

The EPA has determined that issuance ofthese permits is consistent to the maximum extent practicable with the enforceable policies ofthe approved Oregon management program for a number ofreasons. The permits provide increased protection to coastal waters by imposing enforceable NPDES permit limits on those discharges. In addition, bothpermits establish technology-based effluent limitations based upon CWA Sections 301(b)(2)(A) and 301(b)(2)(E), ensuring that vessel discharges will be in compliance with applicable State water quality standards under CWA Section 303, and establishing requirements for the permittee to conduct monitoring and inspections. In addition, because these general NPDES permits are issued by the federal government, they are subject to State water quality certification requirements underCWA Section401. Under CWA Section401, Oregon has been asked to certify that the pennits will comply with State water quality standards and other appropriate requirements ofState law, and the final pennits, will incorporate applicable requirements orconditions required by that certification. In Oregonthe 401 certification Agency is Oregon Department ofEnvironmental Quality and the contact is Steve Mrazik. A detailed discussion ofthe pennittenns and conditions and their underlying basis is set out in the enclosed CD containing the permits and their accompanying fact sheets.

In light ofthe above, pursuant to Section 307(c)(1) ofthe CZMA, the EPA has detennined that theseproposed pennits are consistentto the maximum extentpracticable with the enforceable policies ofthe approved Oregon Coastal Zone Management Program. The EPA requires your review, and ifnecessary, conditions, based on specific enforceable policies, that would pennit the Department ofLand Conservation & Development to concur with the EPA's consistency detennination within 60 days ofthe receipt ofthis letter. Ifthe Department ofLand Conservation & Development fails to furnish a reply withinthis time periodthe EPA will presume your

concurrence.

Ifyouhave any question, please contact Cindi Godsey ofmy staffat (907) 271-6561 orby email at godsey.cindi@epa.gov.

Sincerely,

cc: Ms. Juna Hickner, Coastal State-Federal Relations Coordinator

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