UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION CENTRO EUROPA BUILDING, SUITE 417 1492 PONCE DE LEON AVENUE, STOP 22 SAN JUAN, PR 00907-4127 

# DEC 162011

CERTIFIED MAIL

- RETURN RECEIPT REQUESTED
Mr. Pedro Nieves, Esq. Chairman · Puerto Rico Environmental Quality Board P.O. Box 11488 Santurce, Puerto Rico 00910-1488

Rc: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Clean Water Act (CWA) section 401 Certification

Dear Mr. Nieves:

The United States Environmental Protection Agency (EPA) is inthe process ofreissuing the NPDES Vessel General Permit (VGP) to coverdischarges incidental to the normal operation ofcommercial vessels and non-recreational vessels greater than orequal to 79 feet in length and issuing the NPDES Small Vessel General Permit (sVGP) to cover discharges incidental to the normal operation ofvessels less than 79 feet inlength. Copies ofthe draft general permits and draft fact sheets are available at http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm. These draft general permits authorize discharges into the waters ofyour state and tribal lands. By means ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, we are requesting that Puerto Rico Environmental Quality Board (PREQB) make a written determination regarding certification under CW A section 401. Under EPA's CWA section401 certificationregulations, a State orTribe is required to waive, grant, or deny certificationbased onthe 

### draft, notthe final "as issued," permit. See 40 CFR 124.53(c)-(e) EPAmay not issue a permit authorizing discharges into the waters ofyour state until PREQB has granted certificationunder CWA section401, or has waived its right to certify. 33 U.S.C. 1341(a)(!); 40 C.F.R. 124.53(a). EPA regulations allow the State ortribe to have 60 days to certify unless the Regional Administrator finds thatunusual circumstances require a longer time. 40 C.F.R. 124.53(c)(3). The VGP and sVGP are unique because they not onlyregulate discharges ofmobile point sources, but also because oftheir broad applicability to the waters of every State and Tribe in the country. Given these considerations, and based onexperience with the 2008 VGP, EPA believes that unusual circumstances exist and is providing over 6 months for States/Tribes to certify the draft permits. You will be deemed to have waived your right to certify unless thatright is exercised by June 30, 2012.

In order to facilitate discussion between states during this process, EPAhas arranged for
a state coordination meeting in Chicago, Illinois onthe 24'h and 25th ofJanuary 2012. This meeting will immediately follow the public meeting onthe VGP scheduled onJanuary 

### 23'd.

InternetAddress (URL) •http//www.epa.gov Recycled/Recyclable • Printed with VegetabteOil Based Inks on Recycled Paper (Minimun 50% Postconsumer content)EPA welcomes all states to attend both the public meeting and the state coordination meeting. Mr. Sergio Basques ofmy staffwill be distributing a draft agenda ofthe meeting at a later date. In addition, EPA has also developed anelectronic tool that states canuse to communicate and coordinate with each other as they develop their 40I certifications. Informationregarding this tool will be made available by Mr. Basques sometime inthe near future.

The state certification shall be in writing and shall include the specific conditions necessary to assure compliance with the applicable provisions ofCW A sections 208(e), 30I, 302,303, 306, and 307, and with appropriate requirements ofState law. 33 U.S.C. § 134l(d);40 C.F.R. 

### § 124.53(e)(l). Ifyou believe that any condition(s) more stringent than those contained in the draft permit is necessary to meet the requirements ofeitherthe CWA or State law, you should include such condition(s), and, in each case, cite the CWA or State lawreference upon which that condition(s) is based. Failure to provide such a citation waives yourright 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, orboth. In addition, the state certificationmust include a statement ofthe extent to which each condition ofthe draft permit can be made less stringent without violating the requirements ofState law, including water quality standards: Failure to provide this statementfor any condition waives the right to certify
or object to any less stringent condition which maybe established during the EPApermit issuance process. 40 C.F.R. § 124.53(e)(3). Following review ofthe public commentsreceived during the public commentperiod and receipt ofyour certification orwaiverthereof, EPAplans to issue the general permits as final documents. Those final permits will incorporate any conditions specified in PREQB certification. 33 U.S.C. 

### § 134l(d).

I would appreciate receiving your certification by May 31, 2012. Ifyou have any questions, please contact Mr. Sergio Basques at 787-977-5838 orthru bosgues.sergio@epa.gov. Thank you for your assistance and cooperation. 

# ;z;r"y)',-77

Carl- el Director Caribbean Environmental Protection Division
Enclosure

cc: Wanda Garcia, EQB Water Quality Area (with enclosure)