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 ofCoastal Zone Management Executive Office ofEnvironmental 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
DearMr. Carlisle: By this letter, the U.S. Environmental Protection Agency provides a national consistency determination to the Massachusetts Office ofCoastal Zone Managementpursuant to section 307(c)(l) ofthe 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 oftheproposal oftwo general NPDES permits for discharges incidental to the normal operation ofvessels. EPAproposed these two general permits, which are national in scope, pursuant to section 402 ofthe 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 ofa permit by EPA. EPA released copies ofbothpermits and their accompanying facts sheets onNovember 30, 2011. This information is available at http:// cfpub.epa.gov /npdes/ vessels /vgpennit.cfm.
CWA section 301(a) prohibits the discharges ofpollutants into waters ofthe United States, including the 3 nautical mile territorial sea, except in compliance with certain other sections ofthe CWA, including compliance with anNPDES permit. EPA developed the VGP to regulate discharges incidental to the normal operation ofcommercial vessels and nonrecreational vessels greater than or equal to 79 feet in length. In light ofthe differences between larger vessels and smaller vessels, EPA proposed the sVGP to coverdischarges incidental to the normal operation ofvessels less than 79 feet in length.
EPA has determined that issuance ofthese permits is consistent to the maximum extent practicable withthe enforceable policies ofthe approved Massachusetts management program for a number ofreasons. The permits provide increased protection to coastal waters by imposing enforceable NPDES permit limits on those discharges. In addition, both permits establishtechnology-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 ofEnvironmental 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 ofthe above, pursuant to section 307(c)(l) ofthe CZMA, EPA has determined that these proposed permits are consistent to the maximum extentpracticable with the enforceable policies ofthe approved Massachusetts Office ofCoastal Zone Management. EPA requires your review, and ifnecessary, conditions, based on specific enforceable policies, that would permit the Massachusetts Office ofCoastal Zone Management to concur withEPA's consistency determination within 60 days ofthe receipt ofthis letter. Ifthe Massachusetts Office ofCoastal Zone Management fails to furnish a reply within this time period EPA will presume your concurrence. Ifyou have any question, please contact John Nagle ofmy staff, at (617) 918-1054.

David M. Webster Chief, Industrial Permits Branch Office ofEcosystem Protection

Enclosures: DraftVessel 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