UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 1 5 Post Office Square, Suite 100 BOSTON, MA 02109-39 12



### CERTIFIED MAIL- RETURN RECEIPT REQUESTED
December 19,2011
Grover Fugate, Executive Director Coastal Resources Management Council Stedman Office Building 4808 Tower Hill Road Wakefield, RI 02879-1900
Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Coastal Zone Management Program Consistency Determination
Dear Mr. Fugate: By this letter, the U.S. Environmental Protection Agency provides a national consistency determination to the Rhode Island Coastal Resources Management Council pursuant to §307(c)(l) ofthe Coastal Zone Management Act (CZMA), including implementing regu l ations at 15 C.F.R. 930.31(d) and 930.36(e). As further described below, the activity for which EPA has prepared the national consistency determination consists ofthe proposal oftwo general NPDES permits for discharges incidental to the normal operation ofvessels. EPA proposed these two general permits, which are national in scope, pursuant to§ 402 ofthe Clean Water Act (CWA), 33 U.S.C. § 1342. These EPA general permits are subject to the regulations that implement CZMA 

### § 307(c)(l) because they do not involve case-by-case or individual issuance of a permit by EPA. EPA released copies ofboth permits and their accompanying facts sheets on November 30, 2011. This information is available at http:// cfuub.epa.gov /npdes/vessel s /vgpermit.cfm.
CWA 

### § 30l(a) prohibits the discharges ofpollutants into waters ofthe United States, including the 3 nautica l mile territorial sea, except in compliance with certain other sect ions of the CW A, including compliance with an NPDES permit. 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, EPA proposed the sVGP to cover discharges incidental to the normal operation ofvessels less than 79 feet in length.
EPA has determined that issuance ofthese permits is consistent to the maximum extent practicable with the enforceable policies of the approved Rhode Island 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 establishtechnology-based effluent limitations based upon CWA § 30l(b)(2)(A) and§ 301(b)(2)(E), ensuring that vessel discharges will be 

### in compliance with applicable State water quality standards under CWA § 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 § 401. Under CWA § 401, Rhode Island has been asked to certify that the permits will comply with State water quality standards and other appropriate requirements of State law, and the final permits, will incorporate applicable requirements or conditions required by that certification. In Rhode Island, the 401 certification Agency is the Rhode Island Department of Environmental Management and they can be contacted at (401) 222-4700. A detailed discussion ofthe permit terms and conditions and their underlying basis is set out in the enclosed CD containing the draft permits and their accompanying fact sheets.
In light ofthe above, pursuant to§ 307(c)(1) ofthe CZMA, EPA has determined that these proposed permits are consistent to the maximum extent practicable with the enforceable policies ofthe approved Coastal Resources Management Council. EPA requires your review, and if necessary, conditions , based on specific enforceable policies, that would permi t the Coastal Resources Management Council to concur with EPA's consistency determination within 60 days ofthe receipt ofthis letter. Ifthe Coastal Resources Management Council fails to furnish a reply within this time period EPA will presume your concurrence. Ifyou have any question, please contact John Nagle ofmy staff, at (617) 918-1054.

David M. Webster Chief, Industrial Permits Branch Office ofEcosystem Protection

Enclosures: Draft Vessel General Permit, Vessel General Permit Fact Sheet, Draft Sma ll Vessel General Permit, Small Vessel General Permit Fact Sheet

cc: JeffWillis, RI CRMC w/o Enclosures