STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

PAUL R. LEPAGE GOVERNOR

September 26, 2012
David Webster Chief, Industrial Pennits Unit Office ofEcosystem Protection USEPA 1Congress Street, Suite 1100 Boston, MA 02114-2023 RE: Small Vessel General Permit (sVGP); Maine 401 ce1iification. Dear Mr. Webster: PATRICIA W. AHO**cm.t~IISSIONER**

Attached is the State ofMaine Ce1iification ofthe proposed National Pollutant Discharge Elimination System Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less than 79 Feet (sVGP) distributed December 9, 2011 with a proposed effective date ofDecember 18, 2013 pursuant to Section 401 ofthe Clean Water Act 40 CFR Section 124.53. Ifyou have any questions or concems, please do not hesitate to contactme at 207-287-7905 or pamela.d.parker@maine.gov.

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PamelaParker Division ofWater Quality Management Department ofEnviromnental Protection PC Todd Burrows, SPO JohnNagle, USEPA

AUGUSTA 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 (207) 287-7688 FAX: (207) 287-7826 RAY BLDG., HOSPITAL ST. web site: www.maine.goY/dep BANGOR 106 HOGAN ROAD, SUITE 6 BANGOR, MAINE 04401 (207) 941-4570 FAX' (207) 941-4584 PORTLAND 312 CANCO ROAD PORTLAND, MAINE 04103 (207) 822-6300 FAX: (207) 822-6303 PRESQUE ISLE 1235 CENTRAL DRIVE, SKYWAY PARK PRESQUE ISLE, MAINE 04769-2094 (207) 764-0477 FAX: (207)760-3143STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECT!

PAUL R. LEPAGE GOVERNOR

IN THE MATTER OF
VESSEL GENERAL PERMIT FOR ) DICHARGES INCIDENTAL TO THE ) NORMAL OPERATION OF VESSELS ) LESS THAN 79 FEET ) ) W009096-68-A-N APPROVAL ) CERTIFICATION PURSUANT TO THE POLLUTION FEDERAL WATER

CONTROL ACT PATRICIAW. AHO COWJ.liSSIONER

Pursuant to Section 401 (a) oftheFederal WaterPollution Control Act (33 USC 1341), as amended (Act), and 38 M.R.S.A. 

### §413, 464, 

### etseq., I hereby certify that the discharges incidental to the normal operation ofa vessel described in the proposed National Pollutant Discharge Elimination System Small Vessel General Permitfor Discharges Incidental to the N01mal Operation ofVessels Less Than 79 Feet (sVGP) distributed December 9, 2011 to be finalized on or about November 30, 2012 with a proposed effective date ofDecember 18, 2013 will comply withthe applicable provisions ofsections 301(33 USC 1311), 302(1312), 303(1313), 306(1316), and 307(1317) ofthe Act subjectto the following conditions. As amended by the following conditions, the discharges described will not lowerthe quality ofthe receiving waters (SA, SB, SC, GPA, B or C) below the minimum requirements oftheir classification and will satisfY the appropriate requirements ofMaine Law. TERMS AND CONDITIONS This Section401 Water Quality Certification granted herein is subject to the following conditions: I. Basis for evaluation. In evaluating the Environmental Protection Agency's (EPA) request for certification ofthe sVGP the Maine Department ofEnvironmental Protection (DEP) has relied on informationprovided by the EPA for the draft 2013 sVGP. Ifsuch information subsequentlyproves to be false, deceptive, incomplete, inaccurate, or ifcompellingnew information is presented, this certificationmaybe modified, suspended or revoked as necessary to assme compliance withthe applicable provisions ofthe Act and with appropriate requirements ofState Law. 2. Draftpermit generally. All the conditions set forth in the draft sVGP cannot be made less stringent without impairing Maine waters for their best usage. These conditions, orequally protective conditions, are needed to comply with the Maine State statutes and regulationsindicated above. In accordance with 40 CFR 124.53 (e)(3), this condition cannot be made less stringent and still complywith State water quality standards. 3. No vessel covered by the sVGP that is coated with a pesticide containing antifouling paint may conduct underwater hull cleaning except as part ofemergencyhull repairs necessary to secure the vessel or saving a life at sea. The Maine Department ofEnvironmental Protection has determined that removal ofbiologiCal growth, debris, or scrubbing**th~** hull to reveal fresh antifouling coatings will invariablyrelease pollutants at levels potentiallytoxic to the marine environment and cause violations ofwater quality standards. 1 4. This Section401 Water Quality Certification shall be valid uponissuance ofthe EPA sVGP on or aboutNovember 30,2012 effective December 19,2013 and until the permit expires on or about December 18,2018. DONE AND DATED AT AUGUSTA, MAINE, THIS 26 1 h DAY OF SEPTEMBER, 2012. DEPARTMENT OF ENVIRONMENTAL PROTECTION

BY:

# -yv;r~h~f-u-L=**f~** PatriciaAho, Commissioner PLEASENOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

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Date filed with Board ofEnvironmental Protection 

### SEP 2 B 

## 2012 State of Maine Order Prepared by Pamela Parker, Bureau ofLand and Water Quality Board of Environmental Protection

1 38 MRSA §420(2) and 38 MRSA §465-B