UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Region 1 

5 Post Office Square, Suite 1 00 

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) of the Coastal Zone Management Act (CZMA), including implementing regulations 

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 of the proposal of two general 

NPDES permits for discharges incidental to the normal operation of vessels. EPA proposed 

these two general permits, which are national in scope, pursuant to§ 402 of the 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 of both permits and their accompanying facts sheets 

on November 30, 2011. This information is available at 

http://cfuub.epa.gov/npdes/vessel s/vgpermi t.cfm. 

CWA § 30l(a) prohibits the discharges of pollutants into waters of the United States, 

including the 3 nautical mile territorial sea, except in compliance with certain other sections of 

the CW A, including compliance with an NPDES permit. 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, EPA proposed the sVGP to cover discharges incidental to the normal operation 

of vessels less than 79 feet in length. 

EPA has determined that issuance of these 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 establish 
technology-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 

of the 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 of the above, pursuant to§ 307(c)(1) of the CZMA, EPA has determined that 

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

policies of the approved Coastal Resources Management Council. EPA requires your review, 

and if necessary, conditions, based on specific enforceable policies, that would permit the 

Coastal Resources Management Council to concur with EPA's consistency determination within 

60 days of the receipt ofthis letter. If the Coastal Resources Management Council fails to 

furnish a reply within this time period EPA will presume your concurrence. 

If you have any question, please contact John Nagle of my staff, at (617) 918-1054. 

David M. Webster 

Chief, Industrial Permits Branch 

Office of Ecosystem Protection 

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

General Permit, Small Vessel General Permit Fact Sheet 

cc: Jeff Willis, RI CRMC w/o Enclosures