0,"\~'i.D r~" ",. ft ~J' . UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 
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MAR - 8 2012 

Ms. Jennifer Street 


Coastal Resources Specialist 


Division of Coastal Resources 


New York State Department of State 


One Commerce Plaza 


99 Washington Avenue 


Albany, New York 12231-0001 


Re: 	 Vessel General Permit and Small Vessel General Permit 

Extension of the EPA's Coastal Zone Management Act Consistency Determinations Review 

Dear Ms. Street: 

On February 24, 2012, the New York State Department of State requested from the U.S. Environmental 

Protection Agency an extension of the 60-day review period for the EPA's national consistency 

determinations on the re-issuance of the Vessel General Permit (VGP) and issuance of the small Vessel 

General Permit (sVGP) that authorize discharges incidental to the normal operation of vessels. By letter 

dated December 16, 2011, the EPA provided its national consistency determinations to the NYSDOS for 

review pursuant to section 307(c)(1) of the 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 of receipt or that the EPA would presume concurrence. By this letter, the EPA 

grants the NYSDOS an extension of time until July 16, 2012, for completion of its 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 of business 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 of Environmental Conservation issues its Clean Water Act (CW A) section 

401 certifications for the draft VGP and sVGP. To ensure full and appropriate consideration of the 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 of the EPA's national 

consistency determinations since the NYSDEC has until June 30, 2012, to either provide or waive CW A 

section 401 certifications on the draft vessel permi ts. 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 

of the national consistency determinations on the draft vessel permits. If you have any questions, please 

contact Ms. Sara Sorenson of my staff at (212) 637-3877 or sorenson.sara@epa.gov. 

Sincerely, 

~o~DireY Division of Environmental Planning and Protection