UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 OFFICE OF WATER AND WATERSHEDS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Bill Sullivan, Director Natural Resources, 

# DEC 15 2011 Puyallup Tribe ofIndians 3009 East Portland Avenue Tacoma, Washington 98404
Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Clean Water Act (CWA) section 401 Certification
Dear Mr. Sullivan: The United States Environmental Protection Agency is in the process ofreissuing the NPDES Vessel General Permit (VGP) to cover discharges incidental to the normal operation ofcommercial vessels and non-recreational vessels greater than or equal to 79 feet in length and issuing the NPDES Small Vessel General Permit (sVGP) to coverdischarges incidental to the normal operation ofvessels less than 79 feet in length. 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 t:iballands. Bymeans ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, we are requesting that the Puyallup Tribe ofIndians make a written determination regarding certification under CWA Section 401. Under the EPA's CWA Section401 certification regulations, a State orTribe is required to waive, grant, or deny certificationbased on the draft, not the final "as issued," permit; 40 CFR 124.53(c)-(e). The EPA may not issue a permit authorizing discharges into the waters ofyour tribe until the Puyallup Tribe ofIndians has granted certification underCWA Section401, orhas waived its right to certify. 33 U.S.c. § 1341(a)(l);40 c.F.R.§ 124.53(a). The 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 ofmobile point sources, but also because oftheirbroad applicability to the waters ofevery State and Tribe in the country. Given these considerations, and based on experience with the 2008 VGP, the EPAbelieves that unusual circumstances exist and is providing over six months for states or tribes to certify the draft permits. You will be deemed to have waived your right to certifyunless that right is exercised byJune 30, 2012. 

### In orderto facilitate discussion during this process, the EPA has arranged for a StatelTribal coordination meeting in Chicago, lllinois on the 24th and 25th ofJanuary 2012. This meeting will immediately follow the public meeting on the VGP scheduled on January 23rd

. The EPA welcomes all StateslTribes to attend both the public meeting and the coordination meeting. Cindi Godsey ofmy staffwill be distributing a draft agenda ofthe meeting at alater date. 

### In addition, the EPA has also developed an electronic tool that states and tribes can use to communicate and coordinate with each other as they develop their401 certifications. Information regarding this tool will be made available byMs Godsey sometime in the near future.The certification shall be in writing and shall include the specific conditions necessary to assure compliance with the applicable provisions ofCWA Sections 208(e), 301, 302, 303, 306, and 307, and with appropriate requirements ofstate and tribal law; 33 U.S.c. § 1341(d); 40 c.F.R. § 124.53(e)(1). If you believe that any condition(s) more stringentthan those contained in the draft permit is necessary to meet the requirements ofeither the CWA, state, or tribal law, you should include such condition(s), and, in each case, cite the CWA, state ortribal law reference upon which that condition(s) is based. Failure to provide such a citation waives yourrightto certify with respect to that condition(s). 40 C.F.R. § 124.53(e)(2). The EPArequests that you specify whether each condition is applicable to the VGP, sVGP, orboth. In addition, the state certification must include a statement ofthe extentto which each condition ofthe draft permit can be made less stringent without violating the requirements ofstate or tribal1aw, including water quality standards. Failure to provide this statement for any condition waives the right to certifyor object to any less stringentcondition which maybe established during the EPA permitissuance process. 40 c.F.R. § 124.53(e)(3). Following review ofthe public comments received during the public commentperiod and receipt of your certification or waiver thereof, the EPAplans to issue the general permits as final documents. Those final permits will incorporate any conditions specified in the Puyallup Tribe ofIndians certification. 33 U.S.C. § 1341(d).
I would appreciatereceiving your certification byJune 30, 2012. Ifyou have any questions, please contact Cindi Godsey at (907) 271-6561 or by email at Godsey.cindi@epa.gov. Thankyou for your assistance and cooperation.

# ~4 Michael A. Bussell, Dire'f Office ofWater & Watersheds Enclosure: CD (referenced above)

cc: CharNaylor, PuyallupTribe ofIndians