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 1 6 2011 

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 (CW A) section 401 Certification 

Dear Mr. Nieves: 

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

the NPDES Vessel General Permit (VGP) to cover 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 cover 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 authorize discharges into the waters of your state and tribal lands. 

By means of this letter and the transmittal of the 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 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 PREQB has 

granted certification under CWA section 401, 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 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). The VGP and sVGP are unique 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. Given these considerations, and based on experience 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 that right is exercised by June 30, 2012. 

In order to facilitate discussion between states during this process, EPA has arranged for 

a state coordination meeting in Chicago, Illinois on the 24'h and 25th of January 2012. This 

meeting will immediately follow the public meeting on the VGP scheduled on January 23'd. 

Internet Address (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 of my staff will be distributing a draft agenda of the meeting at a 

later date. In addition, EPA has also developed an electronic tool that states can use to 

communicate and coordinate with each other as they develop their 40 I certifications. 

Information regarding this tool will be made available by Mr. Basques sometime in the near 

future. 

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

necessary to assure compliance with the applicable provisions of CW A sections 208( e), 30 I, 

302,303, 306, and 307, and with appropriate requirements of State law. 33 U.S.C. § 134l(d); 40 

C.F.R. § 124.53(e)(l). 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 CW A 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 PREQB 

certification. 33 U.S.C. § 134l(d). 

I would appreciate receiving your certification by May 31, 2012. If you have any 

questions, please contact Mr. Sergio Basques at 787-977-5838 or thru 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)