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

Mr. Rudy Peone Director ofEnvironmental Resources Spokane Tribe ofIndians 

# DEC 1 5 2011
P.O. Box 100 Wellpinit,Washington 99040

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

Dear Mr. Peone:

The United States Environmental Protection Agency is in the process ofreissuing the NPDES Vessel General Permit (VGP) to cover discharges incidental to the normal operation ofcommercial vessels and non-recreational vessels greater than 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 Spokane Tribe ofIndians make a written determination regarding certification under CWA Section401. Under the EPA's CWA Section 401 certification regulations, a State orTribe is required to waive, grant, or deny certification based on the draft, not the final "asissued," permit; 40 CFR § 124.53(c)-(e). The EPA may not issue apermit authorizing discharges into the waters ofyourtribe until the Spokane Tribe ofIndians has granted certification under CWA Section 401, or has waived its right to certify; 33 U.S.c. § 1341(a) 0); 40 C.F.R. § 124.53(a). The EPAregulations allow the state ortribe to have 60 days to certifyunless the Regional Administrator finds that unusual circumstancesrequire a longer time; 40 c.F.R. § 124.53(c)(3). The VGP and sVGP are unique because they not onlyregulate 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 six months for states or tribes to certify the 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 EPA has arranged for a state and tribal coordination meeting in Chicago, lllinois on the 24th and 25th ofJanuary 2012. This meeting will immediately follow the public meeting on the VGP scheduled on January 23 rd• 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); 40c.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 ofeitherthe CWA, state, ortribal law, you should include such condition(s), and, in each case, cite the CWA, state, ortribal law reference upon which that condition(s) is based. Failure to provide such a citation waives your right to certifywith 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 permit canbe 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 certifyorobject to any less stringent condition which maybe established during the EPA permit issuance process; 40C.F.R. § 124.53(e) (3). Following review ofthe public comments received during the public commentperiod and receipt of your certification orwaiverthereof, the EPA plans to issue the general permits as final documents. Those final permits will incorporate anyconditions specified in the Spokane Tribe ofIndians' certification; 33 U.S.c. § 1341(d).

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

Enclosure: CD (referenced above)

cc: Mr. Brian Crossley, Spokane Tribe ofIndians