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

Ms. Sharon Morgan Program Manager, Wastewater Discharge Program 

# DEC

# 15 2011 Alaska Department ofEnvironmental Conservation P.O. Box 111800 Juneau, Alaska 99811-1800

Re: Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) Request for Clean Water Act (CWA) section 401 Certification

DearMs. Morgan:

The United States Environmental Protection Agency is in the process ofreissuing the NPDES Vessel General Permit (VGP) to coverdischarges incidental to the normal operation ofcommercial vessels and non-recreational vessels greaterthan orequal to 79 feet in length and issuing the NPDES Small Vessel General Permit (sVGP) to cover discharges 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 ortribal lands. Bymeans ofthis letter and the transmittal ofthe draft general permits and fact sheets on the accompanying CD, we are requesting that the Alaska Department ofEnvironmental Conservation (ADEC) make a written determination regarding certification under CWA Section 401. Underthe EPA's CWA Section 401 certificationregulations, a State orTribe is required to waive, grant, ordeny 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 state until the ADEC has granted certification under CWA Section 401, or has waived its right to certify. 33 U.S.c. § 1341(a) (1); 40 c.F.R. §124.53(a). The EPAregulations allow the state or tribe to have 60 days to certifyunless the Regional Administratorfinds that unusual circumstances require a longertime; 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 oftheir broad applicability to the waters ofevery State and Tribe in the country. Given these considerations, and based on experience with the 2008 VGP, the EPA believes that unusual circumstances exist and is providing over 6 months for states ortribes to certifythe draft permits. You will be deemed to have waived your right to certify unless that right is exercised byJune 30, 2012.

In orderto facilitate discussion during this process, the EPAhas arranged for a state and tribal coordination meeting in Chicago, illinois 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 states and tribes 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 by Cindi 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 stringent than those contained in the draft permit is necessary to meet the requirements ofeither the CWA, state, ortribal law, you should include such condition(s), and, in each case, cite the CWA, State, or Tribal law reference upon whichthat condition(s) is based. Failure to provide such a citation waives yourright to certify with respect to that condition(s); 40 c.F.R. § 124.53(e) (2). The EPA requests that you specify whethereach condition is applicable to the VGP, sVGP, orboth. In addition, the certification must include a statement ofthe extent to whicheach condition ofthe draft permitcan be made less stringent without violating the requirements ofstate or tribal law, including water quality standards. Failure to provide this statement for any condition waives the right to certifyor object to any less stringent condition which maybe establishedduring the EPA permit issuance 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 anyconditions specified in the ADEC certification. 33 U.S.c. § 1341(d).

I would appreciate receiving your certificationbyJune 30, 2012. Ifyou have any questions, please contact Cindi Godsey at (907) 271-6561 or by email at godsey.cindi@epa.gov. Thank you for your assistance and cooperation.

. Sincerely,**~**

# ~~ Office ofWater & Watersheds

Enclosure: CD (referenced above)