STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

PAUL R. LEPAGE 

GOVERNOR 

September 26, 2012 

David Webster 

Chief, Industrial Pennits Unit 

Office of Ecosystem Protection 

USEPA 

1 Congress 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 of Maine Ce1iification of the 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 

of December 18, 2013 pursuant to Section 401 of the Clean Water Act 40 CFR Section 124.53. 

If you have any questions or concems, please do not hesitate to contact me at 207-287-7905 or 

pamela.d.parker@maine.gov. 

s~:t rJ._ 

Pamela Parker 

Division of Water Quality Management 

Department of Enviromnental Protection 

PC Todd Burrows, SPO 

John Nagle, 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)760-3143 
STATE 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 

PATRICIA W. AHO 

COWJ.liSSIONER 

Pursuant to Section 401 (a) of the Federal Water Pollution Control Act (33 USC 1341), as 

amended (Act), and 38 M.R.S.A. § 413, 464, et seq., I hereby certify that the discharges 

incidental to the normal operation of a vessel described in the proposed National Pollutant 

Discharge Elimination System Small Vessel General Permit for Discharges Incidental to the 

N01mal Operation of Vessels Less Than 79 Feet (sVGP) distributed December 9, 2011 to be 

finalized on or about November 30, 2012 with a proposed effective date of December 18, 2013 

will comply with the applicable provisions of sections 301(33 USC 1311), 302(1312), 

303(1313), 306(1316), and 307(1317) of the Act subject to the following conditions. As 

amended by the following conditions, the discharges described will not lower the quality of the 

receiving waters (SA, SB, SC, GPA, B or C) below the minimum requirements of their 

classification and will satisfY the appropriate requirements of Maine Law. 

TERMS AND CONDITIONS 

This Section 401 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 of the sVGP the Maine Department of Environmental Protection (DEP) has 

relied on information provided by the EPA for the draft 2013 sVGP. If such information 

subsequently proves to be false, deceptive, incomplete, inaccurate, or if compelling new 

information is presented, this certification may be modified, suspended or revoked as 

necessary to assme compliance with the applicable provisions of the Act and with 

appropriate requirements of State Law. 

2. Draft permit 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, or equally 

protective conditions, are needed to comply with the Maine State statutes and regulations 
indicated above. In accordance with 40 CFR 124.53 (e)(3), this condition cannot be made 

less stringent and still comply with 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 of emergency hull repairs necessary to 

secure the vessel or saving a life at sea. The Maine Department of Environmental Protection 

has determined that removal of biologiCal growth, debris, or scrubbing th~ hull to reveal fresh 

antifouling coatings will invariably release pollutants at levels potentially toxic to the marine 

environment and cause violations of water quality standards. 1 

4. This Section 401 Water Quality Certification shall be valid upon issuance of the EPA sVGP 

on or about November 30,2012 effective December 19,2013 and until the permit expires on 

or about December 18,2018. 

DONE AND DATED AT AUGUSTA, MAINE, THIS 261

h DAY OF SEPTEMBER, 2012. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BY: -yv;r~h~f-u-L= f~ Patricia Aho, Commissioner 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

F i I e d 

Date filed with Board of Environmental Protection SEP 2 B 2012 

State of Maine 

Order Prepared by Pamela Parker, Bureau of Land and Water Quality Board of Environmental Protection 

1 38 MRSA §420(2) and 38 MRSA §465-B