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 of Land 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: 

By this letter, the U.S. Environmental Protection Agency provides a national consistency 

determination to the Department of Land Conservation & Development pursuant to Section 

307(c)(l) of the 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 of the proposal of two general 

NPDES permitsfor'discharges incidental to the normal operation of vessels. The EPA proposed 

these two general permits, which are national in scope, pursuant to Section 402 of the 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 or individual 

issuance ofa permit by the EPA. The EPA released copies of both permits and their 

accompanying fact sheets on November 30, 2011. This information is available at: 

http:// cfpub.epa. gov /npdes/vessels/vgpermi t.cfm. 

CWA Section 301 (a) prohibits the discharges of pollutants into waters of the United States, 

including the three nautical mile territorial sea, except in compliance with certain other sections 

of the CWA, including compliance with an NPDES permit. The EPA developed the VGP to 

regulate discharges incidental to the normal operation of commercial vessels and 

non-recreational vessels greater than or equal to 79 feet in length. In light of the differences 

between larger vessels and smaller vessels, the EPA proposed the sVGP to cover discharges 

incidental to the normal operation of vessels less than 79 feet in length. 

The EPA has determined that issuance of these permits is consistent to the maximum extent 

practicable with the enforceable policies of the approved Oregon management program for a 

number of reasons. The permits provide increased protection to coastal waters by imposing 

enforceable NPDES permit limits on those discharges. In addition, both permits 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 under 
CWA Section 401. Under CWA Section 401, Oregon has been asked to certify that the pennits 

will comply with State water quality standards and other appropriate requirements of State law, 

and the final pennits, will incorporate applicable requirements or conditions required by that 

certification. In Oregon the 401 certification Agency is Oregon Department ofEnvironmental 

Quality and the contact is Steve Mrazik. A detailed discussion ofthe pennit tenns 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 

these proposed pennits are consistent to the maximum extent practicable with the enforceable 

policies ofthe approved Oregon Coastal Zone Management Program. The EPA requires your 

review, and if necessary, 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 within this time period the EPA will presume your 

concurrence. 

If you have any question, please contact Cindi Godsey ofmy staff at (907) 271-6561 or by 

email at godsey.cindi@epa.gov. 

Sincerely, 

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

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