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## MAR - 8 2012

Ms. Jennifer Street Coastal Resources Specialist Division ofCoastal Resources New York State Department ofState One Commerce Plaza 99 Washington Avenue Albany, New York 12231-0001

Re: 

### Vessel General Permit and Small Vessel General Permit Extension ofthe EPA's Coastal Zone Management Act Consistency Determinations Review

Dear Ms. Street:

On February 24, 2012, the New York State Department ofState requested from the U.S. Environmental Protection Agency an extension ofthe 60-day review period for the EPA's national consistency determinations on the re-issuance ofthe Vessel General Permit (VGP) and issuance ofthe small Vessel General Permit (sVGP) that authorize discharges incidental to the normal operation ofvessels. By letter dated December 16, 2011, the EPA provided its national consistency determinations to the NYSDOS for review pursuant to section 307(c)(1) ofthe Coastal Zone Management Act (CZMA) and its implementing regulations. In that letter, the EPA explained that it anticipated a response from the

. NYSDOS within 60 days ofreceipt or that the EPA would presume concurrence. By this letter, the EPA

grants the NYSDOS an extension oftime until July 16, 2012, for completion ofits CZMA consistency review, including its concurrence with or objection to the EPA's national consistency determinations for the VGP and sVGP. This extension ends at the close ofbusiness at the NYSDOS on July 16,2012.

The NYSDOS has indicated that it would be unable to complete its CZMA consistency review until the New York State Department ofEnvironmental Conservation issues its Clean Water Act (CWA) section 401 certifications for the draft VGP and sVGP. To ensure full and appropriate consideration ofthe CWA section 401 certification process in New York State, the EPA believes that it is appropriate to provide additional time, up until July 16,2012, for the NYSDOS to complete its review ofthe EPA's national consistency determinations since the NYSDEC has until June 30, 2012, to either provide or waive CWA section 401 certifications on the draft vessel permits. This additional time should enable the NYSDOS to issue a final action on the two vessel permits. As such, the EPA notes that it will not be able to accommodate any extension beyond July 16,2012. Ifa final action is not received on one or both draft permits within the specified time period, the EPA intends to presume concurrence by the NYSDOS on the EPA's national consistency determinations for these permits. See 15 CFR 930.41 (a).

Intemet Address (URL). http://www

.epa

.gov Recycled/Recyclable. Printed with Vegetable 011 Bued Inks on Recycled Paper (Minimum SO';' Postconsumer content)The EPA strongly encourages the NYSDOS to work closely with the NYSDEC to ensure timely review ofthe national consistency determinations on the draft vessel permits. Ifyou have any questions, please contact Ms. Sara Sorenson ofmy staffat (212) 637-3877 or sorenson.sara@epa.gov.

Sincerely,

# ~o~DireY Division ofEnvironmental Planning and Protection