From: Sean Ramach/R5/USEPA/US

To: Ryan Albert/DC/USEPA/US@EPA, Juhi Saxena/DC/USEPA/US@EPA

Cc: Caitlin Gregg/DC/USEPA/US@EPA

Date: Wednesday, June 27, 2012 02:55PM

Subject: Fw: National Extension for VGP and sVGP 401 Certification Request

Cheers,

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Sean Ramach

Environmental Scientist

NPDES Programs Branch, Water Division

USEPA Region 5

77 W Jackson Blvd, WN-16J

Chicago, IL 60604

Phone: 312-886-5284

Fax: 312-692-2502

Please consider the environment before printing this e-mail.

----- Forwarded by Sean Ramach/R5/USEPA/US on 06/27/2012 01:54 PM -----

From: Tinka Hyde/R5/USEPA/US

To: brtchair@badriver-nsn.gov, karendiver@fdlrez.com,

norman@grandportage.com, tmaulson@ldftribe.com, Darin.LeCrone@Illinois.gov,

Eric.Nygaard@epa.state.oh.us, Susan.Sylvester@Wisconsin.gov,

Laura.Madsen@Wisconsin.gov, Jeff.Stollenwerk@state.mn.us,

kate.frantz@state.mn.us, rbraun@idem.in.gov, lesages@michigan.gov,

sccchair@newnorth.net, MHOLLING@idem.in.gov, SaalfeldJ@michigan.gov,

nrdirector@badriver-nsn.gov, wqs@badriver-nsn.gov, nancyschuldt@fdlrez.com,

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waynedupuis@fdlrez.com, watkins@boreal.org, dee_mayo@ldftribe.com,

gwsurfacewater@gmail.com, tinavz30@newnorth.net,

Cc: Sean Ramach/R5/USEPA/US@EPA

Date: 06/21/2012 09:40 AM

Subject: National Extension for VGP and sVGP 401 Certification Request

Sent by: Norma Ignasiak

The United States Environmental Protection Agency (EPA) is in the process of reissuing

the NPDES Vessel General Permit (VGP) to authorize discharges incidental to the

normal operation of commercial vessels and non-recreational vessels greater than or

equal to 79 feet in length and issuing the NPDES Small Vessel General Permit (sVGP) to

authorize discharges incidental to the normal operation of vessels less than 79 feet in

length. Copies of the draft general permits and draft fact sheets are available at

http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm. These draft general permits would

authorize discharges into the waters of your state and tribal lands.

In December 2011, I sent a letter, along with a compact disc of the draft general permits

and fact sheets, requesting that States/Tribes make a written determination regarding

certification under CWA section 401. Under EPA’s CWA section 401 certification

regulations, a State or Tribe is required to waive, grant, or deny certification based on

the draft, not the final “as issued,” permit. See 40 CFR 124.53(c)-(e). EPA may not

issue a permit authorizing discharges into the waters of your state until a State/Tribe has

granted certification under CWA section 401, or has waived its right to certify. 33 U.S.C.

1341(a)(1); 40 C.F.R. 124.53(a). EPA regulations allow the State or tribe to have 60

days to certify unless the Regional Administrator finds that unusual circumstances

require a longer time. 40 C.F.R. 124.53(c)(3). EPA provided until June 30, 2012 for all

States/Tribes to certify the permits because they not only regulate discharges of mobile

point sources, but also because of their broad applicability to the waters of every State

and Tribe in the country. EPA also wanted to allow States/Tribes time to coordinate with

their neighboring States/Tribes.

EPA greatly appreciates the efforts of States/Tribes who have submitted their 401

certification in advance of the deadline, and understands that many of you completed

your 401 certifications under time pressure. However, after hearing concerns expressed

by several states, we also understand that many States/Tribes would benefit from more

time to complete/reinitiate their public comment periods, conduct other essential

administrative processes, and finalize their 401 certification conditions for these unique

general permits. Therefore, EPA believes that unusual circumstances continue to exist

and is providing until October 1, 2012 for all States/Tribes to certify the draft permits. If

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you have already submitted a 401 certification, you need not take any additional action

unless you so choose. You will be deemed to have waived your right to certify unless

that right is exercised by October 1, 2012.

The state certification shall be in writing and shall include the specific conditions

necessary to assure compliance with the applicable provisions of CWA sections 208(e),

301, 302, 303, 306, and 307, and with appropriate requirements of State law. 33 U.S.C. §

1341(d); 40 C.F.R. § 124.53(e)(1). If you believe that any condition(s) more stringent

than those contained in the draft permit is necessary to meet the requirements of either

the CWA or State law, you should include such condition(s), and, in each case, cite the

CWA or State law reference upon which that condition(s) is based. Failure to provide

such a citation waives your right to certify with respect to that condition(s). 40 C.F.R. §

124.53(e)(2). EPA requests that you specify whether each condition is applicable to the

VGP, sVGP, or both. In addition, the state certification must include a statement of the

extent to which each condition of the draft permit can be made less stringent without

violating the requirements of State law, including water quality standards. Failure to

provide this statement for any condition waives the right to certify or object to any less

stringent condition which may be established during the EPA permit issuance process.

40 C.F.R. § 124.53(e)(3).

Following review of the public comments received during the public comment period

and receipt of your certification or waiver thereof, EPA plans to issue the general

permits as final documents. Those final permits will incorporate any conditions specified

in the State’s/Tribe’s certification. 33 U.S.C.

§ 1341(d).

I would appreciate receiving your certification by October 1, 2012. If you have any

questions, please contact Sean Ramach at 312-886-5284. Thank you for your assistance

and cooperation.

Tinka G. Hyde

Director, Water Division

U.S. EPA (W-15J)

77 W. Jackson Blvd., Chicago, IL 60604-3590

Fax: (312) 697-2562, Phone: (312) 886-9296

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