UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Region 1 

5 Post Office Square, Suite 100 

BOSTON I MA 021 09-3912 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

December 19, 2011 

Bruce Carlisle, Director 

Office of Coastal Zone Management 

Executive Office of Environmental Affairs 

251 Causeway Street, Suite 800 

Boston, MA 02114 

Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) 

Request for Coastal Zone Management Program Consistency Determination 

Dear Mr. Carlisle: 

By this letter, the U.S. Environmental Protection Agency provides a national consistency 

determination to the Massachusetts Office of Coastal Zone Management pursuant to section 

307(c)(l) of the Coastal Zone Management Act (CZMA), including implementing regulations at 

15 C.F.R. 930.3l(d) and 930.36(e). As further described below, the activity for which EPA has 

prepared the national consistency determination consists of the proposal of two general NPDES 

permits for discharges incidental to the normal operation of vessels. EPA proposed these two 

general permits, which are national in scope, pursuant to section 402 of the Clean Water Act 

(CWA), 33 U.S.C. § 1342. These EPA general permits are subject to the regulations that 

implement CZMA section 307(c)(l) because they do not involve case-by-case or individual 

issuance of a permit by EPA. EPA released copies of both permits and their accompanying facts 

sheets on November 30, 2011. This information is available at 

http://cfpub.epa.gov/npdes/vessels/vgpennit.cfm. 

CWA section 301(a) prohibits the discharges of pollutants into waters of the United 

States, including the 3 nautical mile territorial sea, except in compliance with certain other 

sections of the CWA, including compliance with an NPDES permit. EPA developed the VGP to 

regulate discharges incidental to the normal operation of commercial vessels and nonrecreational vessels greater than or equal to 79 feet in length. In light of the differences between 

larger vessels and smaller vessels, EPA proposed the sVGP to cover discharges incidental to the 

normal operation of vessels less than 79 feet in length. 

EPA has determined that issuance of these permits is consistent to the maximum extent 

practicable with the enforceable policies of the approved Massachusetts management program 

for a number of reasons. The permits provide increased protection to coastal waters by imposing 

enforceable NPDES permit limits on those discharges. In addition, both permits establish 
technology-based effluent limitations based upon CWA sections 301(b)(2)(A) and 301(b)(2)(E), 

ensuring that vessel discharges will be in compliance with applicable State water quality 

standards under CW A section 303, and establishing requirements for the permittee to conduct 

monitoring and inspections. In addition, because these general NPDES permits are issued by the 

federal government, they are subject to State water quality certification requirements under 

CW A section 401. Under CW A section 401, Massachusetts has been asked to certify that the 

permits will comply with State water quality standards and other appropriate requirements of 

State law, and the final permits, will incorporate applicable requirements or conditions required 

by that certification. In Massachusetts, the 401 certification Agency is the Massachusetts 

Department of Environmental Protection (MassDEP) and they can be contacted at (508) 849-

4003. A detailed discussion ofthe permit terms and conditions and their underlying basis is set 

out in the enclosed CD containing the draft permits and their accompanying fact sheets. 

In light of the above, pursuant to section 307(c)(l) of the CZMA, EPA has determined 

that these proposed permits are consistent to the maximum extent practicable with the 

enforceable policies of the approved Massachusetts Office of Coastal Zone Management. EPA 

requires your review, and if necessary, conditions, based on specific enforceable policies, that 

would permit the Massachusetts Office of Coastal Zone Management to concur with EPA's 

consistency determination within 60 days ofthe receipt of this letter. If the Massachusetts Office 

of Coastal Zone Management fails to furnish a reply within this time period EPA will presume 

your concurrence. 

If you have any question, please contact John Nagle of my staff, at (617) 918-1054. 

David M. Webster 

Chief, Industrial Permits Branch 

Office of Ecosystem Protection 

Enclosures: Draft Vessel General Permit, Vessel General Permit Fact Sheet, Draft Small Vessel 

General Permit, Small Vessel General Permit Fact Sheet 

cc: Robert Boeri, MACZM w/o Enclosures 

Todd Callaghan, MACZM w/o Enclosures