Connecticut Department of

ENERGY & 

## ~ ENVIRONMENTAL 

## ~ PROTECTION 79 Elm Street • Hartford, CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer
U.S. Environmental Protection Agency Region 1 Office 5 Post Office Square, Suite 100 Boston, MA 02109-3912
Attn: David M. Webster Chief, Industrial Permits Branch Office of Ecosystem Protection RE: Section 401 Water Quality Cei

- tification of the National Pollutant Discharge System (NPDES) Vessel General Permit ("VGP"), WQC-201204171; and, Small Vessel General Permit ("sVGP"), WQC-201204174 Pursuant to Section 401 of the Federal Clean Water Act (33 USC 1341), the State of Connecticut Depai

- tment of Energy and Environmental Protection ("DEEP") is hereby providing a written detei

- rnination regarding certification of the proposed United States Environmental Protection Agency ("EPA") VGP and sVGP in response to the EPA's request dated December 9, 2011 to Brian Thompson, Director of the Office of Long Island Sound Programs, based on the inform.ation and materials included in the draft VGP and draft sVGP found at http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm. DEEP certifies there is reasonable assurance that discharges from vessels covered by the EPA VGP and sVGP will comply with the applicable provisions of 33 USC sections 1311, 1312, 1313, 1316, 1317, and 1341 of the Federal Clean Water Act (CWA, sections 301, 302, 303, 306, 307 and 401) with the inclusion of the following conditions, which are required to ensure compliance with Connectic.ut's Water Quality Standards, effective February 25, 2011, adopted pursuant to Connecticut General Statutes ("CGS") section 22a-426. 1

STATE CONDITIONS AND LIMITATIONS OF CERTIFICATION DEEP conditionally grants water quality certification for the EPA VGP and sVGP, subject to the compliance with the following General and Specific Conditions provided with a citation to state law or the Connecticut Water Quality Standards ("CT WQS") as the basis for a more stringent condition than those contained in the EPA VGP and sVGP. In accordance with 40 CFR §124.53(e)(3), none of these conditions can be made less stringent without violating the requirements Connecticut state law, including the Connecticut Water Quality Standards:

1 The 2011 Connecticut Water Quality Standa7•ds and Classifications adopted February 25, 2011 may be obtained at the Water Quality Monitoring Progranl webpage at www.ct.gov/dep.Section 401 Water Quality Certification EPA VGP and sVGP WQC-201204171 and WQC-201204174 Page 2 of 5
GENERAL CONDITIONS
1. In evaluating the EPA's request for certifcation of the VGP and sVGP, DEEP Commissioner has relied on information provided by the EPA for the draft 2013 VGP and sVGP. If such information subsequently proves to be false, deceptive, incomplete or inaccurate, this certification may be modified, suspended, or revoked as necessary to assure compliance with the applicable provisions of CWA sections 208(e), 301, 302, 303, 306, and 307 and with appropriate requireinents of State law.
2. This certification is subject to and does not derogate any present or future property rights or other rights or powers of the State of Connecticut, conveys no property rights in real estate or material nor any exclusive privileges, and is further subject to any and all public and private rights and to any federal, state, or local laws or regulations pertinent to the property or activity affected hereby. This certification does not comprise the permits or approvals as may be required by Chapters 440, 446i, 446j, and 446k of the Connecticut General Statutes.
3. This Section 401 Water Quality Certification shall be valid upon the issuance of the EPA VGP and sVGP on or about December 19, 2013 and until those permits expire at 11:59 pm, December 18, 2017.
4. Any vessel that discharges or intends to discharge into Connecticut waters under the VGP must submit to DEEP a copy of the Notice of Intent (NOI) or the Permit Authorization and Record of Inspection Form (PARI) submitted to EPA. Additionally, all reports required to be submitted to EPA under Appendices F through J of the VGP must also be submitted to DEEP. This condition is necessary for compliance with CGS sections 22a-430, 22a-430b, and 22a-430c. The prefelred method of submission is via electronic mail to dep.webmaster@ct.gov sent to the attention of the Director of Water PeY-mitting and Enforcement. Submissions made via standard mail shall be directed to:

The Director of Water Permitting and Enforcement Bureau of Materials Management and Compliance Assurance Department of Energy and Environmental Protection 79 Elm Street Hartford, Connecticut 06106-5127
5. The operatoz• 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 irrunediately report to DEEP by telephone at 860-424-3338 or 866-337- 7745. This condition is necessary for compliance with CGS section 22a-450. 2
6. 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 inore stringently conditioned under this certification, constitute a violation of this certification pursuant to 40 CFR §124.53(e)(1), and all instances of non-cornpliance with this certification must be immediately z•eported to DEEP pursuant to CGS section 22a-450 as set forth in General Condition No. 5 5 above.

2 For additional infornlation see the webpage to Report an Envirorunental Concern or Problem at www.ct.gov/dep.Section 401 Water Quality Certification EPA VGP and sVGP WQC-201204171 and WQC-201204174 Page 3 of 5

7. All vessels covered by the VGP or sVGP shall minimize point and non-point sources of phosphorus, nitrogen, and alkylphenol ethoxylates, which have the potential to contribute to the iinpairment of any Connecticut surface water. The loading of nutrients, principally phosphorus and nitrogen, to any surface water body shall not exceed that which supports maintenance or attainment of designated uses. This condition is necessary to restore impaired waters, and prevent excessive anthropogenic inputs of nutrients or impairment of downstream waters in compliance with Standards 1, 2, and 19 of the CT WQS. 3
8. Use of Best Management Practices and other reasonable controls are preferable to the use of biocides. This condition is necessary for compliance with Standards 1, 2, and 20 of the CT WQS.

SPECIFIC CONDITI4NS
1. Discharge of treated or untreated bilgewater into Connecticut waters from any vessel covered under the VGP or sVGP is prohibited. This condition is necessary for compliance with CGS section 22a-427, Standards No. l, 2, 9, 12, 14, 15, and 24 of the CT WQS, and EPA designation of Connecticut coastal waters as No Discharge Areas (NDAs) pursuant to 33 USC § 1322(f)(3). 4 This condition does not apply to the discharge of bilgewater if the master of the vessel determines that compliance with this condition would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other relevant condition.
2. Discharge of treated or untreated graywater into Connecticut waters from any vessel covered under the VGP or sVGP is prohibited. This condition is necessary for compliance with CGS section 22a-427, Standards No. 1, 2, 9, 12, 14, 15, and 24 of the CT WQS, and EPA designation of Connecticut coastal waters as No Discharge Areas (NDAs) pursuant to 33 USC § 1322(f)(3). 5
3. The discharge of wastewaters from pressure washing the bottom of vessels and any point source or nonpoint source pollution from spillage, sanding, sand blasting, or scraping vessels into Connecticut waters from any vessel covered under the VGP or sVGP is prohibited. This condition is necessary for compliance with CGS section 22a-430 or 22a-430b and Standards No. 1, 2, 12 514, and 15 of the CT WQS. 6

4. Discharge of exhaust gas scrubber washwater into Connecticut waters frorn any vessel covered under the VGP or sVGP is prohibited. This condition is necessary for compliance with CGS section 22a-427, Standards No. l, 2, 9, 12, 14, 15, and 24 of the CT WQS.
5. Discharges containing polychlorinated biphenyls (PCBs) into Connecticut waters frorn any vessel coveredunder the VGP or sVGP are prohibited. This condition is necessary for compliance with CGS section 22a427, Standards No. l, 2, 9, 12, 14, and 15 of the CT WQS.

i As identified in Part 2 of the VGP and sVGP the terin "minimize" tneans i

- educe anci/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best marine pz

- actice.

~ Standard No. 24 of the CT WQS specifies the discharge of sewage fi

- om any vessel to any water is prohibited. "Sewage" as defined in CGS section 22a-423 includes bilgewater, which is a domestic or manufacturing waste that may tend to be detritnental to the public health. The term "bilgewater" is defined in Appendix A of the VGP and Part 6 of the sVGP.

5Standard No. 24 of the CT WQS specifies the ciischarge of sewage fi

- om any vessel to any water is prohibited. Sewage as defined in CGS section 22a-423 includes graywateY

- , which is a domestic or manufacturing waste that inay tend to be deth

- irnental to the public health. The term "graywater" is defined in Appendix A of the VGP and Patl 6 of the sVGP.
6 "Point Source" and " Noll-polilt SOuI

- ce" pollution are defined in Appendix A of the CT WQSSection 401 Water Quality Certification EPA VGP and sVGP WQC-201204171 and WQC-201204174 Page 4 of 5

6. Discharge of fish hold effluent fi•om any vessel covered under the VGP or sVGP is prohibited in open waters of Connecticut's Long Island Sound. This condition is necessary for compliance with CGS section 22a-430 or 22a-430b and Standards No. 1, 2 59 12, and 15 of the CT WQS.
7. 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 Connecticut waters classified as Impaired Waters in the most recent State of Connecticut Integrated Water Quality Report to Congress is prohibited. This condition is necessary for compliance with Standard 1 of the CT WQS. 7

8. Discharges to impaired waters in Connecticut shall be consistent with the requirements of the VGP and sVGP and with the following to comply with Standard 1 of the CT WQS:

Waterbody Contarninant Requireinent Nitrogen and other substances with a high biological or chemical Eliminate the discharge of such Long Island Sound, connected oxygen demand which when substances or minimize discharge harbors, embayments and tidal discharged could result in a of these substances to the greatest rivers and waterbodies decrease in the amount of extent practicable if discharge is dissolved oxygen in the receiving unavoidable

water body
Fecal colifornl: Geometric Mean less than 14 CFU/100 ml with 90% of samples less than 31 Within LIS, waters between the CFU/100 rnl 50ft bathymetric contour and the Bacteria Connecticut coastline Enterococci: Geometric Mean less than 35 CFU / 100 ml with no single sample exceeding 104 CFU/100 ml

9. All vessels entering Connecticut waters must maintain the ability to measure salinity levels in each ballast water tank onboard the vessel so that salinities between 20 and 25 parts per thousand ("ppt") can be ensured for ballast exchange in marine waters and salinities between 0 and 5 ppt can be ensured for ballast exchange in fi•esh waters. This condition is necessary to meet Standards No. 1, 2, and 12 of the CT WQS.

7 The most recent State of Coruiecticut Integrated Water Quality Report contauiing the updated Connecticut Impaired Waters List rnay be obtained at the Water Quality Monitoring Program webpage at www.ct.gov/dep.Section 401 Water Quality Cet•tification EPA VGP and sVGP WQC-201204171 and WQC-201204174 Page 5 of 5

Issued on l eo ,2012.


# C 2~ Macky McCleary Deputy Cornmissioner